Committee adopts language to bind presidential-primary delegates to primary results

The House Elections Committee on a voice vote adopted a committee substitute for House Bill 23-87 and then voted the bill "due pass" by a roll call of 10 ayes, 2 nos and 1 present.

Representative Bannerman, who offered the substitute, said the measure contains three principal changes from the original bill: removal of provisions extending the no-excuse portion of absentee voting and shortening the in-person absentee period; removal of a statutory presidential filing fee and leaving that amount to the parties’ state committees; and new binding language for presidential-primary delegates. "If you look on line 2 of the house committee sub, it shall be bind for the purpose of allocating and directing the votes," Bannerman said, describing a pledge process and proportional allocation tied to certified statewide and congressional-district primary results "except where national party rules require an alternative allocation method." He added that delegates who fail to execute the written pledge to the secretary of state "will be deemed to have resigned immediately," with alternates filling vacancies.

Supporters told the committee the substitute was negotiated with both major parties. Representative Woods asked whether the state can legally bind delegates; Bannerman cited a prior Supreme Court ruling and said similar language has been used in other states. Several members pressed on the relationship between state law and national party rules; Bannerman said state law can bind delegates to the degree permitted under the Constitution and that national party rules may require an alternate allocation that would be followed "as nearly as practicable." Representative Simmons and others sought clarification on how binding would work in practice.

The substitute also removes the bill text that would have set the presidential filing fee by statute and instead leaves that amount "to be designated by the parties' state committees," an adjustment Bannerman said was requested by both parties’ state officials. Bannerman also noted the substitute withdrew language that would have shortened the six-week in-person absentee window to three weeks.

By committee voice vote the substitute was adopted and, on a subsequent roll call, the committee voted the amended HB 23-87 due pass (10 ayes, 2 nos, 1 present). The committee record shows multiple members supported the negotiated compromise; dissenting votes were recorded on the roll call.