Utah’s legislative process remains strong

By Frank Pignanelli, Renae Cowley

Republican Renae Cowley is a political consultant, lobbyist, social media influencer and professional rodeo athlete. Frank Pignanelli is a Salt Lake attorney, lobbyist and political adviser who served as a Democrat in the Utah State Legislature.

Technically, the dog days of summer concluded, but the weather and politics remain hot. We explain this current heat wave.

The media has published several stories of some demanding the resignation of Senate President Stuart Adams. They are alleging that SB213, Criminal Justice Modifications (passed in 2024), was used to help a family member at a sentencing hearing. Was the legislative process thwarted?

Cowley & Pignanelli: “Information is the currency of democracy.” — author unknown

We passionately believe in, and have consistently advocated for, an open and transparent process in government. This experience confirms that state law cannot be altered outside the established process. Every bill must receive affirmative support through every step. No step can be skipped, nor can a majority opposition be bypassed at any point. Otherwise, the legislation fails.

Senate Bill 213 was introduced on February 8, 2024, and contained many amendments to the criminal justice system. On the front page, in the highlighted provisions, was a summary of language modifying the crime of adolescent sexual activity by an 18-year-old enrolled in high school.

The bill was heard in the Senate Judiciary Committee and passed 3-0. It passed the Senate 17-5-7 and no objection to this provision was offered. The language was reviewed in the House Law Enforcement and Criminal Justice committee and passed 6-0-6. The House of Representatives discussed SB213 on February 27, during which a question was raised about this provision. The House sponsor read the provision to the body, and it passed 67-4-4. Due to a House amendment unrelated to this issue, the bill was sent back to the Senate, where it passed 20-4-5. The governor signed SB213 on March 19, 2024.

Special interest organizations, prosecutors, defense lawyers and others reviewed the legislation during the process. (The public can view the legislative history at https://le.utah.gov/~2024/bills/static/SB0213.html.)

Many lawmakers sponsor legislation based on the input of constituents, friends, colleagues, family members and others. Regardless of where the concept originated, all bills undergo the same process, which allows for both discussion and debate.

The modification to public policy criminalizing sexual conduct between an 18-year-old high school student and a minor was approved in an open and transparent process. Those who disagree with the new policy can request a legislator to file legislation and submit it to the same examination SB213 underwent.

Because of the openness and transparency throughout the legislative consideration of SB213, the process was not thwarted. President Adams fulfilled his duties as a lawmaker by submitting this policy change to the scrutiny of a robust and transparent legislative process.

Last week, the primary results were finalized, or filing deadlines closed, in cities with ranked choice voting. What are the hotly contested municipal elections that politicos are watching?

Cowley & Pignanelli: Salt Lake City is maintaining the ranked choice voting system (RCV). Thus, there is no primary, only the general election on November 4. Two of the four city council races promise to be vigorous battles. Usually, incumbents have the advantage. However, due to RCV, a strong sentiment of anti-incumbency can have a greater impact. Therefore, observers are watching the elections in two council districts.

In District 1 (Fairpark, Jordan Meadows, Rose Park and Westpointe), incumbent Victoria Petro is challenged by Yussuf Abdi and Stephen Otterstrom. In District 3 (Avenues, Capitol Hill, Federal Heights, Guadalupe and Marmalade), incumbent Chris Wharton will face Blake McClary and Elizabeth Huntsman in the general election.

Municipal primaries, especially for at-large seats, serve as an electoral warm-up or audition for many candidates, where strategies are tested and voter turnout is scrutinized. We highlight a few such races.

The Provo mayoral primary was a tight two-way finish with just over a 2.5% margin between incumbent Mayor Michelle Kaufusi and former State Representative Marsha Judkins. As these women advance to the ballot in November, expect both to ramp up campaign efforts.

Highlighting a smaller city contest, the Vineyard municipal race is shaping up to be a faction fight where all candidates are aligned as either the “Hatfields” or the “McCoys.” Primary results yielded success from both sides. It will be interesting to see how these results impact each camp’s strategies in the lead-up to the general election.

Public disputes between Salt Lake City and state government leadership percolated last week. Some observers are wondering if the state government mirrors the Trump administration by assuming control of Los Angeles or Washington, D.C. Does this happen?