Government reformers in the Utah Legislature have, over the years, taken a hard road.
Recall former Rep. Jordan Tanner, R-Provo, who ran a number of lobbyist/campaign reform bills each year, only to see them die and Tanner end up frustrated and kept-at-arms length by a number of his fellow GOP and Democratic colleagues.
Now comes Rep. Kraig Powell, R-Heber City, who may not take on the “reformer” moniker, but certainly has over several years run bills aimed at shaking up the establishment.
This year Powell has:
-- HB89, a bill that would open the party caucuses in the Legislature.
-- HB90, allows no public meetings – like a city council – on the days and times of the neighborhood party/delegate elections (the old March mass meetings).
-- HB226, a bill that Powell admits is a joke, or an irony, which says that local government policy-making entities can close a meeting any time they feel it is convenient.
It’s a slap-in-the-face type of statement on legislative party caucus meetings, which, likewise, can be closed for any reason, any time.
-- HB493, a bill that will outlaw any candidate accepting an “anonymous” donation.
-- HB509, a bill that would require that Utahns cast their Electoral College presidential votes in the manner that the Founding Fathers intended.
This bill, too, is an educational tool, an attempt to show citizens that Utah and other states in no way elect presidents as the founders intended – and so there is a real need for significant reform in our presidential election system.
-- HJR15, a rules resolution that says no bill may pass the House unless it has been in the House’s possession for 72 hours (or in the last 72 hours, passes only by two-thirds majorities).
It would greatly impact the final days’ rush where in both the House and Senate bills fly through final passage votes.
This year several of Powell’s bills have no chance of passage – although he’s not willing to concede that now.
The GOP majority (and on some of his bills, probably with Democrats, too) are not going to limit their final day actions when the Senate may well not do the same. (The House can’t pass rules that would make the Senate do something; both bodies jealously guard their own operations.)
The GOP majority is not going to open their caucuses by rule or law.
Democratic caucuses have been open for years. And Democrats often criticize the GOP for always closing their Senate caucus, and closing their House caucuses when members wish to discuss political strategy or other sensitive topics.
HB226 is a sarcastic bill - Powell doesn’t seriously want city councils and other local jurisdictions to close their meetings whenever members want – he’s just making a point about the legislative caucuses, Republican or Democratic, that can now be closed to the public and press.
“I think my presidential electors bill would be good policy,” said Powell, although he doesn’t think Utah political leaders will do that, either.
In the very important discussions now taking place about the National Popular Vote issue, opponents constantly say the NPV is either unconstitutional or not the intent of the founders.
“They say we need to go back to the Founding Fathers’ presidential election system. OK, my bill does that,” says Powell.
It would take political parties out of state laws on presidential electors. Today, the law says that the Electoral College slate adopted by the Republican or Democratic (or any other political) parties in their conventions will be the electors who cast their ballots for president.
Secondly, Powell’s bill says that – as the founders envisioned – citizens will stand for the position of elector at the general election, and whoever wins those votes will be the presidential electors for Utah. There would be no winner-take-all in Utah’s vote in the Electoral College.
“OK, we’ll just vote (on the general election ballot) on the outstanding, good citizens who, in turn, we will trust to vote for the best person for president – that’s the original founders’ idea. No political parties in the decision, no winner-take-all.
“Of course, we won’t want to do that. So I believe let’s educate” and call the bluff of those who stand against reforming the presidential election system.
Powell says he may or may not support National Popular Vote – which aligns Utah with other states whose EC votes total 270 – to promise to cast all their EC votes for the presidential candidate who wins the national popular vote.
“My bill is the way to return to the original intent. National Popular Vote is another way to get” to the idea that the president be elected by a majority of voters in the general election.
Unlike Tanner and other lawmakers who have been shunned after they’ve proposed significant government reforms, Powell says he has not seen any prejudice against him personally or his bills.
Some politicos raised eyebrows last fall when the House GOP majority (with the Democrats agreeing) redrew Powell’s House District 54 to move it from a Wasatch County centric district to a Park City-based seat.
The new 54 will be harder for Powell to win – it may even be a Democratic-leaning seat.
Powell says he has no problems with the redrawing. “It makes sense” because of the population shifts on the backside of Wasatch Mountains. “I don’t think” it was done to harm him in re-elections, he added.
Powell says his choice of issues reflects the ideals he entered the Legislature with in 2008.
“I think I’m the only legislator who doesn’t accept lobbyist or special interest money in my campaign from people with business before the Legislature,” Powell told UtahPolicy.
“I am willing to challenge conventional wisdom. But I don’t think (those stands and/or bills) have harmed me in any way” politically.


Every vote, everywhere, would be politically relevant and equal in presidential elections. No more distorting and divisive red and blue state maps. There would no longer be a handful of 'battleground' states where voters and policies are more important than those of the voters in more than 3/4ths of the states that now are just 'spectators' and ignored.
When the bill is enacted by states possessing a majority of the electoral votes– enough electoral votes to elect a President (270 of 538), all the electoral votes from the enacting states would be awarded to the presidential candidate who receives the most popular votes in all 50 states and DC.
The bill uses the power given to each state by the Founding Fathers in the Constitution to change how they award their electoral votes for President. Historically, virtually all of the major changes in the method of electing the President, including ending the requirement that only men who owned substantial property could vote and 48 current state-by-state winner-take-all laws, have come about by state legislative action.
In Gallup polls since 1944, only about 20% of the public has supported the current system of awarding all of a state's electoral votes to the presidential candidate who receives the most votes in each separate state (with about 70% opposed and about 10% undecided). Support for a national popular vote is strong among Republicans, Democrats, and Independent voters, as well as every demographic group in virtually every state surveyed in recent polls in closely divided Battleground states: CO – 68%, FL – 78%, IA 75%, MI – 73%, MO – 70%, NH – 69%, NV – 72%, NM– 76%, NC – 74%, OH – 70%, PA – 78%, VA – 74%, and WI – 71%; in Small states (3 to 5 electoral votes): AK – 70%, DC – 76%, DE – 75%, ID – 77%, ME – 77%, MT – 72%, NE 74%, NH – 69%, NV – 72%, NM – 76%, OK – 81%, RI – 74%, SD – 71%, UT – 70%, VT – 75%, WV – 81%, and WY – 69%; in Southern and Border states: AR – 80%,, KY- 80%, MS – 77%, MO – 70%, NC – 74%, OK – 81%, SC – 71%, TN – 83%, VA – 74%, and WV – 81%; and in other states polled: CA – 70%, CT – 74%, MA – 73%, MN – 75%, NY – 79%, OR – 76%, and WA – 77%. Americans believe that the candidate who receives the most votes should win.
The bill has passed 31 state legislative chambers in 21 small, medium-small, medium, and large states. The bill has been enacted by 9 jurisdictions possessing 132 electoral votes - 49% of the 270 necessary to bring the law into effect.
NationalPopularVote
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Voters were asked:
"How do you think we should elect the President: Should it be the candidate who gets the most votes in all 50 states, or the current Electoral College system?"
The results of the first question, by political affiliation, was 82% among Democrats, 66% among Republicans, and 75% among others.
By gender, support was 78% among women and 60% among men.
By age, support was 70% among 18-29 year olds, 70% among 30-45 year olds, 70% among 46-65 year olds, and 68% for those older than 65.
Then, voters were asked a second question that emphasized that Utah’s electoral votes would be awarded to the winner of the national popular vote in all 50 states, not Utah, vote.
In this second question, 66% of Utah voters favored a national popular vote.
"Do you think it more important that a state's electoral votes be cast for the presidential candidate who receives the most popular votes in that state, or is it more important to guarantee that the candidate who receives the most popular votes in all 50 states becomes president?"
The results of the second question, by political affiliation, was 77% among Democrats, 63% among Republicans, and 62% among others.
By gender, support was 72% among women and 58% among men.
By age, support was 61% among 18-29 year olds, 64% among 30-45 year olds, 68% among 46-65 year olds, and 66% for those older than 65.
NationalPopularVote