Utah lawmakers are moving forward with a proposal to amend the state constitution, seeking to remove the lieutenant governor from overseeing elections and instead create a new independently elected secretary of state. The effort comes amid growing concerns over false claims of election fraud and a push by some Republicans to restructure Utah’s election system.

Legislative Push for Structural Reform

The proposal, introduced by Rep. Lisa Shepherd, R-Provo, would require a constitutional amendment to create the role of secretary of state, who would be independently elected. This would transfer the responsibility of overseeing elections from the lieutenant governor to a new official, a move Shepherd said is necessary to address the ‘inherent distrust’ of elections, regardless of the actors involved.

Shepherd emphasized that the bill is not about the individuals currently in office, but rather about the structure of the system. ‘Mine is strictly about structure. It’s not about personalities, parties, politics or people,’ she said during a hearing before the House Government Operations Committee.

Shepherd’s resolution, HJR25, and its accompanying bill, HB529, have received near-unanimous support from the committee, with only one Democrat voting against it. However, with just over a week and a half remaining in the legislative session, it is unclear if the proposal will have enough time or support to clear both chambers of the legislature.

Existing Efforts and Tensions

Utah’s current system, where the lieutenant governor oversees elections, was established in 1976 when 56% of voters approved a constitutional amendment to eliminate the secretary of state position and create the office of lieutenant governor. The new proposal seeks to reverse that decision.

Sen. Scott Sandall, R-Tremonton, argued that the proposed secretary of state role would be redundant. ‘And if we fix that, I’m not sure there’s a reason for that [secretary of state] position — for extra staff, for all the costs that are associated with that,’ he said.

Meanwhile, Lt. Gov. Deidre Henderson, who has faced criticism from some members of her own party for challenging false claims of election fraud, has taken steps to distance herself from such rhetoric. In 2024, she drafted a ‘conflict of interest avoidance plan’ to recuse herself from election-related duties in the gubernatorial race.

Henderson has also resisted efforts from the GOP-led legislature to instill doubt in the integrity of elections. In 2024, she declined to hand over Utah’s voter databases to the Trump administration, citing a lack of lawful purpose for the request.

Political and Historical Context

The current legislative push for reform follows a series of attempts by some GOP lawmakers to overhaul Utah’s election system since the 2020 presidential election. These efforts gained momentum after then-President Donald Trump spread false claims about the election results, which have since been widely debunked.

Utah House Speaker Mike Schultz, R-Hooper, was among a group of lawmakers who signed a letter calling for a 50-state audit of the 2020 election results. A 2023 law required biennial legislative audits of Utah’s election systems, and the 2024 audit found no ‘significant fraud,’ though it did identify a few irregularities, including two deceased voters who cast ballots and three individuals who voted twice.

Another Republican lawmaker, Rep. Ryan Wilcox, R-Ogden, had introduced a bill to create an independent elections office during the 2024 gubernatorial primary race, but it was later shelved after pushback from Gov. Spencer Cox’s office.

If successful, Shepherd’s proposal would appear on the November ballot alongside two other potential constitutional amendments. One would require 60% voter support for any citizen-initiated tax increases, and another would eliminate the requirement that constitutional amendments be printed in newspapers two months before an election.

The proposal reflects a broader trend across the U.S. in response to the 2020 election results, with some states considering structural changes to election oversight to address concerns about election integrity and reduce political tensions.