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H.B. 179 Enrolled

                 

POLITICAL PARTY AMENDMENTS

                 
1999 GENERAL SESSION

                 
STATE OF UTAH

                 
Sponsor: Lowell A. Nelson

                  AN ACT RELATING TO POLITICAL PARTIES; MODIFYING DEFINITIONS; EXPANDING
                  CONSTITUTION AND BYLAW REQUIREMENTS FOR REGISTERED POLITICAL
                  PARTIES; REQUIRING COUNTY AFFILIATES OF REGISTERED POLITICAL PARTIES TO
                  PROVIDE CERTAIN INFORMATION; AND MAKING TECHNICAL CORRECTIONS.
                  This act affects sections of Utah Code Annotated 1953 as follows:
                  AMENDS:
                      20A-8-101, as last amended by Chapter 182, Laws of Utah 1997
                      20A-8-401, as last amended by Chapter 213, Laws of Utah 1996
                      20A-8-402, as enacted by Chapter 182, Laws of Utah 1997
                  Be it enacted by the Legislature of the state of Utah:
                      Section 1. Section 20A-8-101 is amended to read:
                       20A-8-101. Definitions.
                      As used in this chapter:
                      (1) "Continuing political party" means an organization of voters that participated in the last
                  regular general election and 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.
                      (2) "County political party" means, for each registered political party, all of the persons
                  within a single county who, under definitions established by the county political party, are
                  members of the registered political party.
                      [(2)] (3) "Newly registered political party" means [an] a statewide organization of voters
                  that has complied with the petition and organizing procedures of this chapter to become a
                  registered political party.
                      [(3)] (4) "Registered political party" means an organization of voters that:
                      (a) participated in the last regular general election and 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; or
                      (b) has complied with the petition and organizing procedures of this chapter.
                      (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.
                      Section 2. Section 20A-8-401 is amended to read:
                       20A-8-401. Registered political parties -- Bylaws.
                      (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 [registered] 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 the lieutenant
                  governor on all matters relating to the political party's relationship with the state;
                      (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 [party officers,] delegates, [and] candidates, and
                  elected party officers available to the public shortly after they are selected;

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                      (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) 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;
                      (e) a provision requiring the governor and lieutenant governor to run as a joint ticket;
                      (f) a procedure for replacing party candidates who die, become disabled, or are disqualified
                  before a primary or regular general election;
                      (g) provisions governing the deposit and expenditure of party funds, and governing the
                  accounting for, reporting, and audit of party financial transactions;
                      (h) provisions governing access to party records; [and]
                      (i) a procedure for amending the constitution or bylaws that allows active participation by
                  party members or their representatives[.]; and
                      (j) a process for resolving grievances against the political party.
                      Section 3. Section 20A-8-402 is amended to read:
                       20A-8-402. Political party officers -- Submission of names of officers to the lieutenant
                  governor.
                      (1) Each [registered] state political party shall:
                      [(1)] (a) designate a [state] party officer to act as liaison with the lieutenant governor's office;
                  and
                      (b) within seven days of any change in the party liaison, submit the name of the new liaison
                  to the lieutenant governor.
                      (2) Each state political party and each county political party shall:
                      (a) submit the names of its [state] officers [and liaison] to the lieutenant governor within
                  seven days after the officers are selected; and
                      [(3)] (b) within seven days of any change in party officers [or liaison], submit the names of
                  the new officers [and liaison] to the lieutenant governor.

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