Senator to modify bill's 'soft repeal' of 17th
'Vote of confidence' by a caucus is one alternative
State Sen. Howard Stephenson, R-Draper, told a Senate committee Wednesday that his SB156 will be amended to remove a section that would allow a legislative party caucus to pick the party's U.S. Senate candidate. Or, Stephenson said, he might change that section to allow for a "vote of confidence" by the legislative caucus on U.S. Senate candidates before the party's state nominating convention "so the delegates can see the opinion of their legislators."
In a Deseret Morning News story Tuesday, Bennett, R-Utah, said should he be denied his party's nomination by any action of GOP legislators, he'd run a write-in campaign.
"The Legislature can't tell a party how to pick a nominee," Stephenson said Wednesday. "They could hire a clairvoyant, roll the dice, draw straws, and there's nothing the Legislature can do to stop that."
Stephenson said his bill was not meant to be a comment on either Bennett or U.S. Sen. Orrin Hatch, both Republicans like Stephenson. "I have the highest respect for both."
Stephenson said popular vote of U.S. senators — achieved in the 1914 17th Amendment to the U.S. Constitution — has meant that Congress doesn't listen to states' needs, and the original federalism balance of powers was changed for the worse. Tuesday, Stephenson called the 17th Amendment "a huge mistake."
Stephenson will keep in SB156 what he called its most important section: one that says the Legislature, via resolution, may "direct" Utah's two U.S. senators on matters vital to the state and require the senators to report back to the Legislature on how they are following that direction.
Bennett told the Morning News that he has problems with that section of the bill, saying he "would not like" being ordered to vote in any way or follow any directions he didn't agree with.
While Stephenson told a committee Wednesday that he plans on moving his amended bill, GOP Senate leaders said a closed caucus discussed the bill Tuesday and it may be sent to interim study.
Meanwhile Wednesday, Wayne Holland, chairman of the state Democratic Party, said of Stephenson and other GOP co-sponsors of SB156: "We have serious concerns about how far Republican lawmakers will go in their quest for total control of government."
GOP legislators don't need SB156, he said. Utah GOP delegates could change party rules to "adopt their scheme" without the law, said Holland. "Isn't it ironic, though, that the Democratic Party has to rush to the defense of the Republican voters?"
E-mail: bbjr@desnews.com
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