Title 20A Chapter 8 Section 401

Election Code
Political Party Formation and Procedures
Section 401
Registered political parties -- Bylaws -- Report name of midterm vacancy candidate.

            

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

            (1) (a) Each registered state political party shall file a copy of its constitution and bylaws with the lieutenant governor by January 1, 1995.

            (b) 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 its proposed constitution and bylaws at the time it files its registration information.

            (c) Each registered state political party shall file revised copies of its constitution or bylaws with the lieutenant governor within 15 days after 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 its 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 no later than 5 p.m. of the day following the day on which the party receives the declaration or notification.


Amended by Chapter 170, 2013 General Session