Voting Access and Process, including Election Reform and Redistricting
HB23 - Vacancies, United States Senator, temporary appointment by Governor until next general election authorized, Sec. 36-9-7 am'd; Sec. 36-9-8 repealed
Sponsor(s): Clouse
Synopsis and Analysis: Under existing law, whenever a vacancy occurs in the office of United States Senator less than four months but more than 60 days before a general election, the vacancy is filled at that election. If the vacancy occurs more than four months or less than 60 days before a general election, the Governor is required to call a special election. Under existing law, whenever a vacancy occurs, the Governor is authorized to make a temporary appointment to serve until a successor is elected and qualified. This bill would require the Governor to appoint a Senator and issue a writ of election to fill the office for the remainder of the term at the next general election occurring more than one year after the vacancy occurs. This bill would also provide that if the vacancy occurs within 76 days of the general election immediately before the end of the term of the office, the election would proceed and if the incumbent received the most votes, there would be a vacancy in the office, to be filled by appointment of the Governor. An amendment, 198053-2, was offered that adds that a vacancy occurring at any point after qualifying has opened for any political party for the election cycle during the fourth year of the term will be filled by the Governor for the remainder of the term.
According to the Fiscal Note by Matt Fridy, Chair of the Constitution, Campaigns and Elections Committee, if this bill had been the law at the time of the 2017 special election cycle, the State General Fund would have saved approximately $11.5 to 12 million. This cost savings would have been less than one percent of the General Fund.
League Action and Justification: Oppose. The League supports the promotion of an open governmental system that is representative, accountable and responsive; the League further supports the protection and encouragement of the right to vote. This bill, abolishing the use of a special election to fill a vacancy for the office of US Senator, limits the opportunity for direct citizen participation in the selection of their Senator by expanding the timeframe for an appointed (rather than an elected) Senator. This limitation on the direct election far outweighs any cost savings, which is estimated to be less than one percent of the State General Fund.
Bill Progress in Legislature
Go here to get more information about the bill and changes in the bill as it progresses through the legislature.
HB23 - Vacancies, United States Senator, temporary appointment by Governor until next general election authorized, Sec. 36-9-7 am'd; Sec. 36-9-8 repealedSponsor(s): Clouse
Synopsis and Analysis: Under existing law, whenever a vacancy occurs in the office of United States Senator less than four months but more than 60 days before a general election, the vacancy is filled at that election. If the vacancy occurs more than four months or less than 60 days before a general election, the Governor is required to call a special election. Under existing law, whenever a vacancy occurs, the Governor is authorized to make a temporary appointment to serve until a successor is elected and qualified. This bill would require the Governor to appoint a Senator and issue a writ of election to fill the office for the remainder of the term at the next general election occurring more than one year after the vacancy occurs. This bill would also provide that if the vacancy occurs within 76 days of the general election immediately before the end of the term of the office, the election would proceed and if the incumbent received the most votes, there would be a vacancy in the office, to be filled by appointment of the Governor. An amendment, 198053-2, was offered that adds that a vacancy occurring at any point after qualifying has opened for any political party for the election cycle during the fourth year of the term will be filled by the Governor for the remainder of the term.
According to the Fiscal Note by Matt Fridy, Chair of the Constitution, Campaigns and Elections Committee, if this bill had been the law at the time of the 2017 special election cycle, the State General Fund would have saved approximately $11.5 to 12 million. This cost savings would have been less than one percent of the General Fund.
League Action and Justification: Oppose. The League supports the promotion of an open governmental system that is representative, accountable and responsive; the League further supports the protection and encouragement of the right to vote. This bill, abolishing the use of a special election to fill a vacancy for the office of US Senator, limits the opportunity for direct citizen participation in the selection of their Senator by expanding the timeframe for an appointed (rather than an elected) Senator. This limitation on the direct election far outweighs any cost savings, which is estimated to be less than one percent of the State General Fund.
Bill Progress in Legislature
Go here to get more information about the bill and changes in the bill as it progresses through the legislature.
| Calendar Date | Body | Amd/Sub | Matter | Committee | Nay | Yea | Abstain | Vote |
| 03/05/2019 | H | Read for the first time and referred to the House of Representatives committee on Constitution, Campaigns and Elections | CC&E | | | | | |
03/20/2019 | H | Read for the second time and placed on the calendar 1 amendment | | | | | | |
04/03/2019 | H | Third Reading Carried Over | | | | | | |
04/03/2019 | H | 198053-2 | Constitution, Campaigns and Elections Amendment Offered | | | | | |
04/03/2019 | H | Clouse motion to Carry Over Temporarily adopted Voice Vote | | | | | ||
| H | Further Consideration | | | | | |
HB23 is on the House Calendar for 5/1419.
HB23 is on the House Calendar for 5/28/19.
Contact information for legislators and committees that might be referenced in this bill:
Representatives Representatives Phone Directory Standing House Committees
Senators Senators Phone Directory Standing Senate Committees
Find my legislators