This is an archived article that was published on sltrib.com in 2016, and information in the article may be outdated. It is provided only for personal research purposes and may not be reprinted.
The Utah House quashed a move Wednesday that would have erased a 2-year-old compromise about how political parties pick their nominees.
By a 42-30 margin, representatives defeated an amendment that would have allowed parties to select their nominees by any method they choose. The Utah Republican Party has been suing to seek that power and overturn SB54, passed two years ago.
SB54 was a compromise designed to stop the Count My Vote initiative drive that had sought to ask voters to create a direct primary and eliminate Utah's old caucus-convention system.
The compromise instead created a hybrid system that would allow candidates to qualify for a primary either by gathering enough signatures or through a party convention.
After Count My Vote organizers halted their petition drive and lawmakers and Gov. Gary Herbert enacted the compromise measure, the Republican Party sued to overturn SB54. It has argued that it should have power to decide how to choose its own nominees and prefers the caucus-convention system.
Rep. Justin Fawson, R-North Ogden, proposed the amendment to a bill that sought a minor change to how alternate delegates for conventions are chosen.
"I did run on a platform of preserving the caucus-convention" system, he said, adding he was elected after the SB54 compromise was enacted.
"That [compromise] agreement doesn't exist any more," said Rep. Kim Coleman, R-West Jordan, saying the Legislature of two years ago cannot bind current lawmakers. Coleman also was elected after passage of SB54.
But Rep. Dan McCay, R-Riverton, who had been the House sponsor of SB54, argued against the change.
"This body passed in good faith a bill with the intent of a compromise," he said. "That may not mean something to you, but it means something to me."
Rep. Ken Ivory, R-West Jordan, argued that SB54 "attempted to tell a private party who gets to wear their jersey, who gets to be part of that private party. It would be like us passing a bill to say who gets to be the center for the Utah Jazz. We don't have the constitutional power to do that."
Ivory was among the 20 Republican House members who voted against SB54, while 49 representatives, including 37 Republicans, voted for it.
Rep. Kraig Powell, R-Heber City, rejected Ivory's analogy.
"The Utah Jazz do not get a spot on the November election ballot that says this is the preferred candidate of the Utah Jazz. That to me has always been the distinction between a political party and a private organization," said Powell, who voted for SB54.
Rep. Patrice Arent, D-Millcreek, noted this year's election is the first in which SB54's provisions are in effect, and many people have already been gathering signatures to qualify for the ballot. "To suddenly change this in the middle of the process makes no sense to me."
House Republicans were evenly split on Fawson's amendment with 30 voting for it and 30 opposing it. All 12 House Democrats voted against it.