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H.B. 169

             1     

MIDTERM VACANCIES IN THE

             2     
LEGISLATURE

             3     
2002 GENERAL SESSION

             4     
STATE OF UTAH

             5     
Sponsor: Ralph Becker

             6      This act modifies provisions of the Election Code concerning filling midterm vacancies in the
             7      Legislature.
             8      This act affects sections of Utah Code Annotated 1953 as follows:
             9      AMENDS:
             10          20A-1-503, as last amended by Chapter 377, Laws of Utah 1998
             11          20A-8-401, as last amended by Chapter 78, Laws of Utah 2001
             12      Be it enacted by the Legislature of the state of Utah:
             13          Section 1. Section 20A-1-503 is amended to read:
             14           20A-1-503. Midterm vacancies in the Legislature.
             15          (1) As used in this section, ["central committee" means: (a) the state central committee,
             16      when the legislative district encompasses more than one county; and (b) the county central
             17      committee, when the legislative district is entirely within one county] "party liaison" means the
             18      political party officer designated to serve as a liaison with the lieutenant governor on all matters
             19      relating to the political party's relationship with the state as required by Section 20A-8-401 .
             20          (2) When a vacancy occurs for any reason in the office of representative in the Legislature,
             21      the governor shall fill the vacancy by:
             22          (a) appointing the person who meets the qualifications for the office whose name was
             23      submitted by the [central committee] party liaison of the same political party of the prior
             24      officeholder if the process used to nominate the replacement was the standard process used by that
             25      political party to select a candidate without a primary election;
             26          (b) appointing a person who meets the qualifications for the office from two persons
             27      whose names were submitted by the [central committee] party liaison of the same political party


             28      of the prior officeholder if the process used to nominate those persons was the standard process
             29      used by that political party to select candidates for the primary election ballot; or
             30          (c) appointing a person who meets the qualifications for the office from three persons
             31      [nominated] whose names were submitted by the [central committee] party liaison of the same
             32      political party as the prior officeholder.
             33          (3) (a) When a vacancy occurs for any reason in the office of senator in the Legislature,
             34      it shall be filled for the unexpired term at the next regular general election.
             35          (b) The governor shall fill the vacancy until the next regular general election by:
             36          (i) appointing the person who meets the qualifications for the office whose name was
             37      submitted by the [central committee] party liaison of the same political party of the prior
             38      officeholder if the process used to select that person was the standard process used by that political
             39      party to nominate the replacement without a primary election;
             40          (ii) appointing a person who meets the qualifications for the office from two persons
             41      whose names were submitted by the [central committee] party liaison of the same political party
             42      of the prior officeholder if the process used to nominate those persons was the standard process
             43      used by that political party to select candidates for the primary election ballot; or
             44          (iii) appointing a person who meets the qualifications for the office from three persons
             45      [nominated] whose names were submitted by the [central committee] party liaison of the same
             46      political party as the prior officeholder.
             47          Section 2. Section 20A-8-401 is amended to read:
             48           20A-8-401. Registered political parties -- Bylaws.
             49          (1) (a) Each registered state political party shall file a copy of its constitution and bylaws
             50      with the lieutenant governor by January 1, 1995.
             51          (b) Each new or unregistered state political party that seeks to become a registered political
             52      party under the authority of this chapter shall file a copy of its proposed constitution and bylaws
             53      at the time it files its registration information.
             54          (c) Each registered state political party shall file revised copies of its constitution or bylaws
             55      with the lieutenant governor within 15 days after the constitution or bylaws are adopted or
             56      amended.
             57          (2) Each state political party, each new political party seeking registration, and each
             58      unregistered political party seeking registration shall ensure that its constitution or bylaws contain:


             59          (a) provisions establishing party organization, structure, membership, and governance that
             60      include:
             61          (i) a description of the position, selection process, qualifications, duties, and terms of each
             62      party officer and committees defined by constitution and bylaws;
             63          (ii) a provision requiring a designated party officer to serve as liaison with the lieutenant
             64      governor on all matters relating to the political party's relationship with the state;
             65          (iii) a description of the requirements for participation in party processes;
             66          (iv) the dates, times, and quorum of any regularly scheduled party meetings, conventions,
             67      or other conclaves; and
             68          (v) a mechanism for making the names of delegates, candidates, and elected party officers
             69      available to the public shortly after they are selected;
             70          (b) a procedure for selecting party officers that allows active participation by party
             71      members;
             72          (c) a procedure for selecting party candidates at the federal, state, and county levels that
             73      allows active participation by party members;
             74          (d) (i) a procedure for selecting electors who are pledged to cast their votes in the electoral
             75      college for the party's candidates for president and vice president of the United States; and
             76          (ii) a procedure for filling vacancies in the office of presidential elector because of death,
             77      refusal to act, failure to attend, ineligibility, or any other cause;
             78          (e) a procedure for submitting names to the governor to fill midterm vacancies in the office
             79      of:
             80          (i) representative in the Legislature consistent with Subsection 20A-1-503 (2)(c); and
             81          (ii) senator in the Legislature consistent with Subsection 20A-1-503(3)(b)(iii);
             82          [(e)] (f) a provision requiring the governor and lieutenant governor to run as a joint ticket;
             83          [(f)] (g) a procedure for replacing party candidates who die, become disabled, or are
             84      disqualified before a primary or regular general election;
             85          [(g)] (h) provisions governing the deposit and expenditure of party funds, and governing
             86      the accounting for, reporting, and audit of party financial transactions;
             87          [(h)] (i) provisions governing access to party records;
             88          [(i)] (j) a procedure for amending the constitution or bylaws that allows active participation
             89      by party members or their representatives; and


             90          [(j)] (k) a process for resolving grievances against the political party.




Legislative Review Note
    as of 1-31-02 11:56 AM


A limited legal review of this legislation raises no obvious constitutional or statutory concerns.

Office of Legislative Research and General Counsel


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