House committee advances constitutional amendment to restore elected Secretary of State; companion statute also cleared

The Utah House Government Operations Committee on a committee vote advanced a constitutional amendment to restore an independently elected Secretary of State and approved a companion statute to transfer election duties to that office.

Representative Shepherd, the sponsor, told the committee she filed the proposal to amend the Utah Constitution (HJR25) to remove election oversight from the lieutenant governor and place it with a Secretary of State directly elected by voters. Shepherd said the change would be placed on the November 2026 ballot, with the Secretary of State elected in 2028 and assuming duties in 2029 under the proposal. "There’s a structural problem and inherent conflict of interest when we have elections and those duties underneath the top executive," Shepherd said.

Why it matters: The measures are framed as a structural fix to bolster public confidence in elections and to allow a specialized, directly accountable official to oversee election administration. Shepherd argued a separately elected official could focus on elections while freeing the lieutenant governor to perform other executive duties.

What the bills would do: HJR25 proposes a constitutional change creating the office; HB529 contains statutory language to transfer duties and set transition timing. Shepherd said the initial term would be two years (to stagger the office into midterm election years), followed by four-year terms. The bills also include a conflict protocol: if a Secretary of State is a candidate in a contested election, the lieutenant governor would administer that election; if the lieutenant governor were also conflicted, the board of canvassers would select an alternate administrator.

Debate and public comment: Committee members questioned whether electing a Secretary of State merely shifts the conflict of interest rather than eliminating it. Representative Kelber and others asked how the proposal’s conflict safeguards differ from current practice; Shepherd responded that constitutional change is required to move duties out of the lieutenant governor’s statutory authority. Members also raised cost and implementation concerns — one committee member cited an approximate estimate during questioning that the package could cost "more than $1,000,000 one-time" with roughly "$300,000" a year ongoing, describing those numbers as approximate.

Public testimony largely supported the change. Marilyn Mominee, a private citizen, said electing a Secretary of State would "increase accountability" and welcomed consideration of a nonpartisan option. Delaine England of United Women's Forum and Utah Eagle Forum told the committee "overseeing one's own election is never a good idea." Maryann Christensen of Utah Legislative Watch testified, "More and more people are telling me that we don't have elections in Utah. We have selections," urging a constitutional custodian for elections. Seth Stewart testified online in opposition, arguing a statewide Secretary of State elected by the same methods as other officers may not provide true independence and advocating instead for more decentralized, precinct-level credentialing.

Committee action and next steps: Representative Malloy moved to give HJR25 a favorable recommendation; the committee recorded an 8–1 vote in favor. The committee then considered HB529 (statutory amendments) and adopted Amendment 1 (a technical wording change replacing "lieutenant governor" with "Secretary of State") by unanimous voice vote. The committee passed HB529 as amended by a 7–1 vote. Both measures will move to the full House for further consideration.

Votes at a glance: - HJR25 (Proposal to amend Utah Constitution — Secretary of State): Motion to pass favorably moved by Representative Malloy; committee vote 8–1 in favor (committee will send the resolution forward). - HB529 (Secretary of State amendments), as amended: Amendment 1 adopted by unanimous voice vote; committee vote on final bill 7–1 in favor.

What remains unclear or contested: Committee members and commenters flagged (1) whether an elected Secretary of State would simply replace one source of perceived conflict with another, (2) precise implementation costs and transition logistics, and (3) whether partisanship should be removed or qualifications required. The committee record includes public concerns about decentralizing election administration and about whether the proposal sufficiently prevents a Secretary of State from overseeing their own election.

The committee advanced both measures to the full House; the bills will next proceed through the House legislative process.