The GOP just can’t resist the temptation to fight election law battles

The Utah Legislature grappled with bills about how nominees are selected, who can vote in primary elections and how proposals get on the ballot.

By Frank Pignanelli & LaVarr Webb

As we all know, the pandemic affected billions of lives. And it also impacted how Utahns elected their political leaders last November. This was reflected in legislation considered by Utah lawmakers earlier this year. Thus, it would be political malpractice for us not to offer our opinions.

SB205, sponsored by Sen. Dan McCay, was on the fast track for passage. This legislation would allow political parties to choose how their nominees are selected — by delegates at a convention, by signature-gathering, or a hybrid. But then the bill died. It was learned there was a meeting with top GOP officials who decided to kill it. But activists promise another attempt. Why will this issue not go away?

Pignanelli: “Breaking Up Is Hard To Do” — song by Neil Sedaka

The defenders of the delegate system refuse to comprehend the Utah political class has moved on and no longer has affection for them.

Despite their small numbers and cluelessness, these diehards are vocal and aggressive. Thus, lawmakers must pay them attention. Sen. McCay crafted a sincere, but complicated, solution that encompassed all alternatives.

But the 1.5 million Utahns who voted in the 2020 election will not tolerate a return to a system that gives .0002 % of voters total power to determine GOP nominees. This prevalent emotion could drive an initiative or referendum. Lawmakers also understand this, which effectively prevents major legislative changes.

Time and attrition will eventually end the controversy. The strident minority will receive the political equivalent of “Dear John, we will always be friends ... ”

Webb: SB205 would have turned the candidate nomination process over to political insiders. The Republican Party would turn exclusively to convention delegates to determine party nominees, or who gets on the primary election ballot, excluding hundreds of thousands of voters from the process.

It also could have ripped apart the Republican Party, severely damaging fundraising and producing another big intra-party brawl. Proponents of the SB54/Count My Vote compromise were considering a referendum to repeal SB205, or another ballot initiative to create a simple direct primary election in Utah.

Cooler heads prevailed and SB205 was tabled. The vast majority of Utahns support SB54’s hybrid approach to the nomination process. Most candidates like the ability to gather signatures to get on the ballot.

So, how about, instead of continuing to brawl over this issue, we instead make a few needed repairs to SB54, including improving the signature-gathering requirements and dealing with the plurality issue when multiple candidates are on the primary ballot?

For a freshman lawmaker, Rep. Jordan Teuscher had a busy and productive session. He sponsored HB136, the initiative modifications bill, which would make it much more difficult for citizens to get proposals on the election ballot.

Pignanelli: Our state constitution wisely allows for a public initiatives. This provides opportunities for policy discussions outside the legislative process. Yet, problems were percolating. Signatories and voters did not always have pertinent information when considering the initiatives in 2018. If they had, the results may have been different. The legislation leaves a strong procedure in place, while preventing abuses. Utahns will have greater access to information when engaging in this important activity.

Webb: Utah’s Constitution allows citizens to make laws, and the process is already very difficult and costly, requiring a majority vote in a statewide election. The Legislature makes hundreds of new laws each year. By contrast, only a tiny handful of laws have been enacted by citizens over the last several years, and they have been promptly amended (properly so) by the Legislature.

Thus, HB136 is a solution in search of a problem. It’s not like citizens are willy-nilly enacting a bunch of dumb laws. I absolutely agree that the Legislature should be making the vast majority of laws and it should be very difficult — and it already is — for citizens to go around the Legislature.

But there ought to be a reasonable means for citizens to enact a law, and HB136 goes so far as to make citizen-lawmaking nearly impossible.

Rep. Teuscher also sponsored HB197, the voter affiliation amendments, which limits the ability of individuals to change party affiliation after March 31 of a primary election year. This was in direct response to many Utahns switching to participate in the 2020 GOP primary. Was this really needed?

Pignanelli: In 2020, 70,000 Utahns switched affiliation to vote in the GOP primary, almost all in good faith because they preferred one of the four gubernatorial candidates. Spencer Cox led in the polls for the nomination cycle and the new voters only verified his wide support. Concerns about down ballot races when voters shift at the last minute may be more realistic.

Because of the changing dynamics and demographics of political parties, this issue could be revisited in the future. Candidates will want the ability to recruit new categories of supporters.

Webb: HB197 is another solution in search of a problem. Democrats voting in Republican primaries hasn’t been a problem, and hasn’t skewed elections, even in 2020. Under President Ronald Reagan, the GOP was a big tent. Reagan encouraged participation in the party, welcoming independents, unaffiliated voters and even Democrats who wanted to vote for Republican candidates.

Today’s party is in danger of becoming the party of exclusion, purity and litmus tests. It is a sign of insecurity. In reality, Utah’s Republican Party is strong and dominant and will continue to win almost every major race well into the future. It has no need to be fear a few more independent, moderate or even liberal Utahns registering as Republicans and voting in a GOP primary.