LEGISLATIVE GENERAL COUNSEL H.C.R. 5
6 Approved for Filing: M. Cipriano 6
6 02-02-23 4:15 PM 6
1 CONCURRENT RESOLUTION OPPOSING FEDERAL
2 LEGISLATIVE EFFORTS TO STRIP STATES OF
3 AUTHORITY TO REGULATE CONGRESSIONAL ELECTIONS
4 2023 GENERAL SESSION
5 STATE OF UTAH
6 Chief Sponsor: Mark A. Strong
7 Senate Sponsor: David P. Hinkins
8
9 LONG TITLE
10 General Description:
11 This concurrent resolution calls upon the members of the United States Congress to
12 oppose legislative efforts to transfer control of elections from the states to the federal
13 government.
14 Highlighted Provisions:
15 This resolution:
16 < highlights recent legislative efforts to nationalize control of elections to federal
17 offices;
18 < reviews the history and adoption of the United States Constitution;
19 < explains the purpose of the United States Constitution's Elections Clause;
20 < explains that each state retains the authority to regulate congressional elections
21 under the Elections Clause; and
22 < urges the members of the United States Congress to oppose legislative efforts that
23 would transfer control of congressional elections from the states to the federal
24 government.
H.C.R. 5
25 Special Clauses:
26 None
27
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 H.C.R. 5 02-02-23 4:15 PM
28 Be it resolved by the Legislature of the state of Utah:
29 WHEREAS, in recent years, a series of bills have been introduced in the United States
30 Congress claiming to support fair elections across the United States;
31 WHEREAS, while these bills purport to enhance the voting rights of American citizens,
32 they would, if enacted, hand state and local control of elections to congressional offices over to
33 the federal government;
34 WHEREAS, the framers of the United States Constitution, in creating a divided system
35 of government, intended the federal government to exercise only those powers delegated to it
36 by the states;
37 WHEREAS, this principle is embodied in the 10th Amendment to the United States
38 Constitution, to wit: "The powers not delegated to the United States by the Constitution, nor
39 prohibited by it to the States, are reserved to the States respectively, or to the people.";
40 WHEREAS, the United States Constitution's Elections Clause, Article 1, Section 4,
41 Clause 1, states in part: "The Times, Places and Manner of holding Elections for Senators and
42 Representatives, shall be prescribed in each State by the Legislature thereof.";
43 WHEREAS, James Madison, in explaining the purpose of the Elections Clause at the
44 Virginia Ratifying Convention in 1788, stated that it was "necessary to leave the regulation" of
45 congressional elections "to the state governments," as they are "best acquainted with the
46 situation of the people.";
47 WHEREAS, the thirteen original states, in choosing to ratify the United States
48 Constitution, retained for themselves the power to regulate elections for congressional offices
49 under the Elections Clause;
50 WHEREAS, after ratification, states were admitted to the Union on an equal footing
51 with those states already in existence, and therefore became entitled to exercise those same
52 powers retained by the ratifying states, including the power to regulate congressional elections;
53 WHEREAS, the Elections Clause of the United States Constitution commands that
54 each state has the inherent authority to regulate elections for congressional offices:
55 NOW, THEREFORE, BE IT RESOLVED that the Legislature of the state of Utah and
56 the governor concurring therein, calls upon the members of the United States Congress to
57 oppose all legislative efforts to transfer state and local control of congressional elections to the
58 federal government.
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59 BE IT FURTHER RESOLVED that a copy of this resolution be sent to Utah's
60 congressional delegation, the speaker of the United States House of Representatives, and the
61 president pro tempore of the United States Senate.
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