20A-8-401.  Registered political parties — Bylaws — Report name of midterm vacancy candidate.

(1) 

Terms Used In Utah Code 20A-8-401

  • County legislative body: means :Utah Code 68-3-12.5
  • Election: means a regular general election, a municipal general election, a statewide special election, a local special election, a regular primary election, a municipal primary election, and a special district election. See Utah Code 20A-1-102
  • Person: means :Utah Code 68-3-12.5
  • Political party: means an organization of registered voters that has qualified to participate in an election by meeting the requirements of Chapter 8, Political Party Formation and Procedures. See Utah Code 20A-1-102
  • Position: means a square, circle, rectangle, or other geometric shape on a ballot in which the voter marks the voter's choice. See Utah Code 20A-1-102
  • Process: means a writ or summons issued in the course of a judicial proceeding. See Utah Code 68-3-12.5
  • Quorum: The number of legislators that must be present to do business.
  • Registered political party: means an organization of voters that:
(a) 
(i) participated in the last regular general election; and
(ii) in at least one of the last two regular general elections, polled a total vote for any of its candidates for any office equal to 2% or more of the total votes cast for all candidates for the United States House of Representatives in the same regular general election; or
(b) has complied with the petition and organizing procedures of this chapter. See Utah Code 20A-8-101
  • State: when applied to the different parts of the United States, includes a state, district, or territory of the United States. See Utah Code 68-3-12.5
  • State political party: means , for each registered political party, all of the persons in Utah who, under definitions established by the state political party, are members of the registered political party. See Utah Code 20A-8-101
  • Ticket: means a list of:
    (a) political parties;
    (b) candidates for an office; or
    (c) ballot propositions. See Utah Code 20A-1-102
  • United States: includes each state, district, and territory of the United States of America. See Utah Code 68-3-12.5
  • Vacancy: means :
    (a) except as provided in Subsection (75)(b), the absence of an individual to serve in a position created by state constitution or state statute, whether that absence occurs because of death, disability, disqualification, resignation, or other cause ; or
    (b) in relation to a candidate for a position created by state constitution or state statute, the removal of a candidate due to the candidate's death, resignation, or disqualification. See Utah Code 20A-1-102
    (a)  Each new or unregistered state political party that seeks to become a registered political party under the authority of this chapter shall file a copy of the party’s proposed constitution and bylaws at the time the party files the party’s registration information.

    (b)  Each registered state political party shall file revised copies of the party’s constitution or bylaws with the lieutenant governor before 5 p.m. within 15 days after the day on which the constitution or bylaws are adopted or amended.
  • (2)  Each state political party, each new political party seeking registration, and each unregistered political party seeking registration shall ensure that the party’s constitution or bylaws contain:

    (a)  provisions establishing party organization, structure, membership, and governance that include:

    (i)  a description of the position, selection process, qualifications, duties, and terms of each party officer and committees defined by constitution and bylaws;

    (ii)  a provision requiring a designated party officer to serve as liaison with:

    (A)  the lieutenant governor on all matters relating to the political party’s relationship with the state; and

    (B)  each county legislative body on matters relating to the political party’s relationship with a county;

    (iii)  a description of the requirements for participation in party processes;

    (iv)  the dates, times, and quorum of any regularly scheduled party meetings, conventions, or other conclaves; and

    (v)  a mechanism for making the names of delegates, candidates, and elected party officers available to the public shortly after they are selected;

    (b)  a procedure for selecting party officers that allows active participation by party members;

    (c)  a procedure for selecting party candidates at the federal, state, and county levels that allows active participation by party members;

    (d) 

    (i)  a procedure for selecting electors who are pledged to cast their votes in the electoral college for the party’s candidates for president and vice president of the United States; and

    (ii)  a procedure for filling vacancies in the office of presidential elector because of death, refusal to act, failure to attend, ineligibility, or any other cause;

    (e)  a procedure for filling vacancies in the office of representative or senator or a county office, as described in Section 20A-1-508, because of death, resignation, or ineligibility;

    (f)  a provision requiring the governor and lieutenant governor to run as a joint ticket;

    (g)  a procedure for replacing party candidates who die, acquire a disability that prevents the candidate from continuing the candidacy, or are disqualified before a primary or regular general election;

    (h)  provisions governing the deposit and expenditure of party funds, and governing the accounting for, reporting, and audit of party financial transactions;

    (i)  provisions governing access to party records;

    (j)  a procedure for amending the constitution or bylaws that allows active participation by party members or their representatives;

    (k)  a process for resolving grievances against the political party; and

    (l)  if desired by the political party, a process for consulting with, and obtaining the opinion of, the political party’s Utah Senate and Utah House members about:

    (i)  the performance of the two United States Senators from Utah, including specifically:

    (A)  their views and actions regarding the defense of state’s rights and federalism; and

    (B)  their performance in representing Utah’s interests;

    (ii)  the members’ opinion about, or rating of, and support or opposition to the policy positions of any candidates for United States Senate from Utah, including incumbents, including specifically:

    (A)  their views and actions regarding the defense of state’s rights and federalism; and

    (B)  their performance in representing Utah’s interests; and

    (iii)  the members’ collective or individual endorsement or rating of a particular candidate for United States Senate from Utah.

    (3)  If, in accordance with a political party’s constitution or bylaws, a person files a declaration or otherwise notifies the party of the person’s candidacy as a legislative office candidate or state office candidate, as defined in Section 20A-11-101, to be appointed and fill a midterm vacancy in the office of representative or senator in the Legislature, as described in Section 20A-1-503, or in a state office as described in Section 20A-1-504, the party shall forward a copy of that declaration or notification to the lieutenant governor before 5 p.m. no later than the day following the day on which the party receives the declaration or notification.

    Amended by Chapter 255, 2019 General Session