Senate President Pro-Tem Brent Hill, R-Rexburg, is presenting the primary election bill, SB 1198, to the Senate State Affairs Committee. Under the recent federal court decision, he said, the state can't mandate which way a party must go as far as who it allows to vote in its primaries. "We have a major role, but it's not just up to us," he said. So the bill sets out options for parties. "It's not a closed-primary bill, as some would call it," Hill told the committee. "I call it more of a constitutional primary bill, as required by Judge Winmill."

Under the bill, by 180 days before each primary election, each party would choose one of three options: The default option, which would let only its registered party members vote; Option B, which would let registered party members plus unaffiliated voters participate; or Option C, which would let all those plus members of other parties - which the party could specify - participate as well.

"It's incumbent on us, the Legislature, to structure the primary election process without mandating the proocess by which the parties choose their candidates," Hill said.