Second Substitute H.B. 179

Representative Lowell A. Nelson proposes to substitute the following bill:

1 POLITICAL PARTY AMENDMENTS
2 1999 GENERAL SESSION
3 STATE OF UTAH
4 Sponsor: Lowell A. Nelson
5 AN ACT RELATING TO POLITICAL PARTIES; MODIFYING DEFINITIONS; EXPANDING
6 CONSTITUTION AND BYLAW REQUIREMENTS FOR REGISTERED POLITICAL
7 PARTIES; REQUIRING COUNTY AFFILIATES OF REGISTERED POLITICAL PARTIES TO
8 PROVIDE CERTAIN INFORMATION; AND MAKING TECHNICAL CORRECTIONS.
9 This act affects sections of Utah Code Annotated 1953 as follows:
10 AMENDS:
11 20A-8-101, as last amended by Chapter 182, Laws of Utah 1997
12 20A-8-401, as last amended by Chapter 213, Laws of Utah 1996
13 20A-8-402, as enacted by Chapter 182, Laws of Utah 1997
14 Be it enacted by the Legislature of the state of Utah:
15 Section 1. Section 20A-8-101 is amended to read:
16 20A-8-101. Definitions.
17 As used in this chapter:
18 (1) "Continuing political party" means an organization of voters that participated in the last
19 regular general election and polled a total vote for any of its candidates for any office equal to 2%
20 or more of the total votes cast for all candidates for the United States House of Representatives.
21 (2) "County political party" means, for each registered political party, all of the persons
22 within a single county who, under definitions established by the county political party, are
23 members of the registered political party.
24 [(2)] (3) "Newly registered political party" means [an] a statewide organization of voters
25 that has complied with the petition and organizing procedures of this chapter to become a

26 registered political party.
27 [(3)] (4) "Registered political party" means an organization of voters that:
28 (a) participated in the last regular general election and polled a total vote for any of its
29 candidates for any office equal to 2% or more of the total votes cast for all candidates for the
30 United States House of Representatives; or
31 (b) has complied with the petition and organizing procedures of this chapter.
32 (5) "State political party" means, for each registered political party, all of the persons in
33 Utah who, under definitions established by the county political party, are members of the registered
34 political party.
35 Section 2. Section 20A-8-401 is amended to read:
36 20A-8-401. Registered political parties -- Bylaws.
37 (1) (a) Each registered political party shall file a copy of its constitution and bylaws with
38 the lieutenant governor by January 1, 1995.
39 (b) Each new or unregistered political party that seeks to become a registered political
40 party under the authority of this chapter shall file a copy of its proposed constitution and bylaws
41 at the time it files its registration information.
42 (c) Each registered political party shall file revised copies of its constitution or bylaws with
43 the lieutenant governor within 15 days after the constitution or bylaws are adopted or amended.
44 (2) Each [registered] state political party, each new political party seeking registration,
45 [and] each unregistered political party seeking registration shall ensure that its constitution or
46 bylaws contain:
47 (a) provisions establishing party organization, structure, membership, and governance that
48 include:
49 (i) a description of the position, selection process, qualifications, duties, and terms of each
50 party officer;
51 (ii) a provision requiring a designated party officer to serve as liaison with the lieutenant
52 governor on all matters relating to the political party's relationship with the state;
53 (iii) a description of the requirements for participation in party processes;
54 (iv) the dates, times, and quorum of any regularly scheduled party meetings, conventions,
55 or other conclaves; and
56 (v) a mechanism for making the names of [party officers,] delegates, [and] candidates, and

57 elected party officers available to the public shortly after they are selected;
58 (b) a procedure for selecting party officers that allows active participation by party
59 members;
60 (c) a procedure for selecting party candidates at the federal, state, and county levels that
61 allows active participation by party members;
62 (d) a procedure for selecting electors who are pledged to cast their votes in the electoral
63 college for the party's candidates for president and vice president of the United States;
64 (e) a provision requiring the governor and lieutenant governor to run as a joint ticket;
65 (f) a procedure for replacing party candidates who die, become disabled, or are disqualified
66 before a primary or regular general election;
67 (g) provisions governing the deposit and expenditure of party funds, and governing the
68 accounting for, reporting, and audit of party financial transactions;
69 (h) provisions governing access to party records; [and]
70 (i) a procedure for amending the constitution or bylaws that allows active participation by
71 party members or their representatives[.]; and
72 (j) a process for resolving grievances against the political party .
73 Section 3. Section 20A-8-402 is amended to read:
74 20A-8-402. Political party officers -- Submission of names of officers to the
75 lieutenant governor.
76 (1) Each [registered] state political party shall:
77 [(1)] (a) designate a [state] party officer to act as liaison with the lieutenant governor's
78 office; and
79 (b) within seven days of any change in the party liaison, submit the names of the new
80 liaison, to the lieutenant governor.
81 (2) Each state political party and each county political party shall:
82 (a) submit the names of its [state] officers [and liaison] to the lieutenant governor within
83 seven days after the officers are selected; and
84 [(3)] (b) within seven days of any change in party officers [or liaison], submit the names
85 of the new officers [and liaison] to the lieutenant governor.