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Utah Party Candidate Selection Amendment (2016)

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Utah Party Candidate Selection Amendment
Flag of Utah.png
Election date
November 8, 2016
Topic
Elections and campaigns
Status
Not on the ballot
Type
Constitutional amendment
Origin
State legislature

The Utah Party Candidate Selection Amendment was not ut on the November 8, 2016 ballot in Utah as a legislatively referred constitutional amendment. The measure, upon voter approval, would have provided political parties with a constitutional right to determine how their candidates are selected for the general election ballot.[1]

Text of measure

Constitutional changes

See also: Article IV, Utah Constitution

The proposed amendment would have added a Section 11 to Article IV of the Utah Constitution. The following text would be added by the proposed measure's approval:[1]

Article IV, Section 11. [Political party right to establish process of selecting candidates.]

The right of a political party, as defined by statute, to establish the process of selecting the candidates who appear on the general election ballot as the political party's only nominees may not be infringed.[2]

Support

The amendment is sponsored by Sen. Scott Jenkins (R-20) and Rep. Jacob Anderegg (R-6).[1]

Arguments

  • Sen. Scott Jenkins (R-20), the chief sponsor of the amendment, argued, "A political party should be able to decide how their candidate goes to the ballot. If we want to draw straws, then we should be able to draw straws. This amendment says the state will hold the elections, but the parties will have the right to decide how those candidates are on the ballot."[3]

Opposition

Arguments

  • Sen. Curt Bramble (R-16) said the amendment, at least in its current form, would put political parties above the legislature's powers. He elaborated, "The amendment says the rights of a political party 'may not be infringed.' It's critical to understand what that means. This would give those parties the absolute constitutional right to trump the authority of this legislature. That creates some very serious concerns."[3]
  • Sen. Todd Weiler (R-23) pointed out that the state spends about $2 to $3 million to hold a closed primary for the Republican Party. As long as the state is footing the bill, lawmakers should be able to put some requirements on political parties.

Path to the ballot

See also: Amending the Utah Constitution

According to the Utah Constitution, a two-thirds vote is required in one legislative session of the Utah Legislature to qualify the amendment for the ballot.

On February 23, 2015, the Utah Senate voted on the measure, but was unable to acquire a two-thirds majority, with 17 legislators voting in favor and 12 voting against the amendment.[4]

The Utah Legislature's 2015 session ended on March 12, 2015, without the bill passing both chambers.

State law gave legislators the option to reintroduce the bill during the 2016 legislative session, which began on January 25, 2016, and ran through March 10, 2016.

See also

External links

Additional reading

Footnotes