For two years political pundits have been warning of closed primaries in 1996 - where voters would have to publicly say whether they're a Republican or Democrat in order to cast ballots.
But that apparently won't happen next year. And it may not happen in the near future.Lt. Gov. Olene Walker, the state's chief election officer, says all parties usually on the Utah ballot have filed party constitutions under a new political deregulation law and none have chosen closed primaries as part of their reorganizations.
Unfortunately, says Walker, the new political party deregulation law allows parties to change their constitutions and/or bylaws at their state conventions. And in 1996 those conventions will be held in May, with a June primary scheduled should one be needed by any party.
And that means it's conceivable, although not likely, that Republicans, Democrats or one of the minor parties could change their rules next May and require a closed primary. County clerks, who are responsible for conducting general and primary elections, would have less than a month to put on a closed primary.
"Frankly, the current law is unworkable. I don't see how the county clerks could be ready with such short notice," says Walker.
She's calling a meeting next month of GOP and Democratic legislative leaders and party officials to talk about the problems.
"As of today, I'd say it is very unlikely we'll have closed primaries in 1996," says Walker. That's partly because of the recently filed party constitutions and partly because the "unworkable" party registration law will likely be changed in the 1996 Legislature, she says. At the very least, Walker wants a several-month, pre-primary moratorium on a party changing its constitution. If lawmakers agree, then parties couldn't call for a closed primary in their May 1996 conventions.
Stan Parrish, Republican state chairman, said he would personally like to see Republican delegates next year have party registration and a closed primary. But he won't oppose Walker's attempts to push that decision back into April or March.
"Our (1996) convention would have to decide" on a closed primary. So either a convention would have to be called in early spring or no closed primary in the 1996 elections, Parrish said.
Kelleen Leishman, state director of elections, says county clerks tell her that fewer than 10 percent of Utahns who have been registering to vote with new forms are filling in a line that declares which party they belong to.
If there were a closed primary election - and current law allows a registered voter to switch party affiliation at the voting booth - there could be chaos. "Many of our polling places have long lines now," says Walker. "What would happen if election judges had to explain why you couldn't vote unless you changed your party affiliation and then you had to fill out another form to do that? We'd really have complaints."
And separate ballots for the closed primary would have to be printed. And how many ballots would be printed? Who would know how many people would ask for that ballot?
"It could be very difficult," Walker says.
Since the 1960s - when the Legislature required party registration but then repealed the law two years later after a public uproar - Utahns haven't registered by party. Utah is only one of a dozen states that routinely hold open primary elections where any registered voter can vote in any party's primary.
While voters love to shop for the most interesting primary in which to vote, party officials have hated the current system. Hundreds of thousands of dollars has been spent over 30 years by Republicans and Democrats trying to identify party loyalists in turn-out-the-vote and fund-raising efforts. If Utahns had to register by party, the public lists would allow party officials and candidates to clearly target their efforts.
A closed primary system would also stop what happened in 1990, when 2nd Congressional District GOP candidate Dan Marriott was nudged out in a primary by fellow Republican Genevieve Atwood. Exit polls showed Marriott had 52 percent of the vote of those who said they were Republicans, but Atwood won by getting independent and Democratic votes. GOP state leaders have pushed for a closed primary ever since.
"Republicans should be picking Republican candidates," said Parrish. "Now, many people sit on the fence. Requiring party registration (and closed primaries) would crystallize some people's thinking, make them decide on which party they really want to belong to."
And a recent U.S. Supreme Court decision that required states to deregulate political party functions was the tool party leaders sought to "crystallize thinking." But now, says Walker, party officials across the nation are seeing that laws enacted after court-ordered party deregulation "may have gone too far." That is, there is more wiggle-room in state control of primaries and party registration than first believed, says Walker.
Todd Taylor, executive director of the state Democratic Party, said, "I know of no effort for Democrats to have a closed primary. Some of our more militant groups would like it." But those people won't prevail, Taylor guesses.
Democratic leaders agreed to the party deregulation bill, sponsored two years ago by former GOP House Speaker Rob Bishop, because they feared another divisive primary like the 1994 Wayne Owens/Doug Anderson U.S. Senate battle. Anderson really took after Owens, even calling him a liberal, and Owens was critically wounded before the general election. Owens almost nipped Anderson in the state convention, just barely failing to get 70 percent of the delegate vote.
Under new Democratic state party rules, a candidate only needs 60 percent - not the old 70 percent - of state convention delegate votes to win the nomination outright and avoid a primary.