Utah

Utah’s H.B. 75 Proposes A New Strategy to Spread Ranked Choice Voting Across the State

Election Law Society · January 19, 2022 ·

By: Maxfield Daley-Watson

In 2017 Michael Kaufusi won the Provo mayoral race with only 40% of the vote. During the 2016 presidential election, 21% of Utah voters favored an independent candidate, Evan McMullin, as a result Donald Trump won the state with 45.1% of the vote. Instances of candidates winning elections without a majority of the popular vote is not new to American elections, but several states appear to be making a concerted effort to address the problem. One solution that is gaining momentum is the broader implementation of instant run-off elections or ranked choice voting. While procedures vary across jurisdictions, the basic idea is that voters can rank their choice of candidate. If one candidate does not receive a majority of first-choice votes, the candidate with the lowest number of first-choice votes is eliminated, and the voters who ranked that candidate first have their votes allocated to the candidates they ranked second. The process repeats itself until one candidate has a majority.

Independent (Advisory) Commission: Utah State Legislators Gradually Loosen Grip on Redistricting

Election Law Society · November 12, 2021 ·

By: Maxfield Daley-Watson

After the 2010 census, Utah gained one congressional district, giving the state a total of four federal congressional seats. In 2011, when the state drew its new legislative map, the process was conducted by the state’s Republican controlled legislature. This process resulted in the creation of three heavily conservative districts and one Republican leaning district. In 2018 voters narrowly approved Proposition 4, a ballot initiative directed at creating an independent bipartisan commission with the intention of creating fairer maps. The plan for this independent commission was then edited and eventually implemented through the passage of Senate Bill 200. As a result, SB 200 appropriated 1 million dollars for the independent redistricting commission. In a less positive move, the bill also shifted the independent commission to an advisory role with the ability to draft maps that are then voted on by the state legislature. This is possible because Utah allows the state legislature to amend any enacted statute with a simple majority vote. According to Better Boundaries, the organization behind Proposition 4, the impetus for the legislative overhaul on the redistricting commission centered around the unwillingness of state law makers to place a prohibition on partisan gerrymandering in the redistricting process. Furthermore, the Utah Constitution vests redistricting power in the hands of the legislature, which added an additional wrinkle to the implementation of Proposition 4.

UT: Count My Vote

Election Law Society · October 1, 2015 ·

By: Benjamin Ader

With a presidential election on the horizon, many state election offices and party organizations are beginning their process for electing nominees for various offices up for a vote. In Utah this will be a significant test for a new nomination process inspired by the Count My Vote (CMV) initiative. This movement was a response to the fact that Utah was one of seven states with a caucus system, but the only state that did not have any other means of getting a candidate on a ballot.

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In Utah, Organization Makes Voting a Primary Concern

Election Law Society · October 28, 2013 ·

by James Devereaux, Contributor

In a state that is largely dominated by a single party, with a majority of the state voting in the Republican column, primary elections carry more significance than the general elections. With only one of the four congressional districts being held by a Democrat, Jim Matheson, and the two U.S. Senate seats belonging to the Republicans there is little variation in the political makeup of the congressional seats. Only the seat held by the Democrat was close enough for the general election to matter. [Read more…] about In Utah, Organization Makes Voting a Primary Concern

Committees and Campaigns: South Carolina Federal Court Tightens Definition and Loosens Regulations

Election Law Society · November 10, 2010 ·

In the wake of last year’s Citizen’s United ruling, there’s been much deliberation, speculation, and anticipation about how the world of federal campaign finance will be changed – and now the states are getting into the mix. Decisions in Colorado, New Mexico, North Carolina, and Utah paved the way for Judge Terry Wooten of the United States District Court for South Carolina to rule that the state’s definition of “committee” is unconstitutional in South Carolina Citizens for Life v. Krawcheck. Granting partial summary judgment in favor of South Carolina Citizens for Life (SCCL) on their constitutional claim that the South Carolina Ethics Commission was overbroad in defining “committee,” Judge Wooten may have opened the door to influential campaign contributions from organizations whose primary purpose is not to influence elections. [Read more…] about Committees and Campaigns: South Carolina Federal Court Tightens Definition and Loosens Regulations