H.B. 168 Enrolled

FILLING MIDTERM VACANCIES IN THE
LEGISLATURE
2003 GENERAL SESSION
STATE OF UTAH
Sponsor: Ralph Becker
This act modifies provisions of the Election Code concerning filling midterm vacancies in
the Legislature.
This act affects sections of Utah Code Annotated 1953 as follows:
AMENDS:
20A-1-503, as last amended by Chapter 377, Laws of Utah 1998
20A-8-401, as last amended by Chapter 78, Laws of Utah 2001
Be it enacted by the Legislature of the state of Utah:
Section 1. Section 20A-1-503 is amended to read:
20A-1-503. Midterm vacancies in the Legislature.
(1) As used in this section, ["central committee" means: (a) the state central
committee, when the legislative district encompasses more than one county; and (b) the county
central committee, when the legislative district is entirely within one county] "party liaison"
means the political party officer designated to serve as a liaison with the lieutenant governor on
all matters relating to the political party's relationship with the state as required by Section
20A-8-401 .
(2) When a vacancy occurs for any reason in the office of representative in the
Legislature, the [governor] speaker of the House of Representatives shall fill the vacancy by:
(a) appointing the person who meets the qualifications for the office whose name was
[submitted by the central committee of the same political party of the prior officeholder]
selected by the same political party as the prior office holder according to the procedure
established in its bylaws and submitted by the party liaison of that political party, if the process
used to nominate the replacement was the standard process used by that political party to select
a candidate without a primary election;
(b) appointing a person who meets the qualifications for the office from two persons

whose names were [submitted by the central committee of the same political party of the prior
officeholder] selected by the same political party as the prior office holder according to the
procedure established in its bylaws and submitted by the party liaison of that political party, if the
process used to nominate those persons was the standard process used by that political party to
select candidates for the primary election ballot; or
(c) appointing a person who meets the qualifications for the office from three persons
[nominated by the central committee of the same political party as the prior officeholder] whose
names were selected by the same political party as the prior office holder according to the
procedure established in its bylaws and submitted by the party liaison of that political party.
(3) (a) When a vacancy occurs for any reason in the office of senator in the Legislature, it
shall be filled for the unexpired term at the next regular general election.
(b) The [governor] president of the Senate shall fill the vacancy until the next regular
general election by:
(i) appointing the person who meets the qualifications for the office whose name was
[submitted by the central committee of the same political party of the prior officeholder] selected
by the same political party as the prior office holder according to the procedure established in its
bylaws and submitted by the party liaison of that political party, if the process used to select that
person was the standard process used by that political party to nominate the replacement without
a primary election;
(ii) appointing a person who meets the qualifications for the office from two persons
whose names were [submitted by the central committee of the same political party of the prior
officeholder] selected by the same political party as the prior office holder according to the
procedure established in its bylaws and submitted by the party liaison of that political party, if the
process used to nominate those persons was the standard process used by that political party to
select candidates for the primary election ballot; or
(iii) appointing a person who meets the qualifications for the office from three persons
[nominated by the central committee of the same political party as the prior officeholder] whose
names were selected by the same political party as the prior office holder according to the

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procedure established in its bylaws and submitted by the party liaison of that 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 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 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

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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 submitting names to the:
(i) speaker of the House of Representatives to fill midterm vacancies in the office of
representative in the Legislature consistent with Subsection 20A-1-503 (2)(c); and
(ii) president of the Senate to fill midterm vacancies in the office of senator in the
Legislature consistent with Subsection 20A-1-503 (3)(b)(iii);
[(e)] (f) a provision requiring the governor and lieutenant governor to run as a joint
ticket;
[(f)] (g) a procedure for replacing party candidates who die, become disabled, or are
disqualified before a primary or regular general election;
[(g)] (h) provisions governing the deposit and expenditure of party funds, and governing
the accounting for, reporting, and audit of party financial transactions;
[(h)] (i) provisions governing access to party records;
[(i)] (j) a procedure for amending the constitution or bylaws that allows active
participation by party members or their representatives; and
[(j)] (k) a process for resolving grievances against the political party.

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