H.B. 40 Enrolled

FILLING MIDTERM VACANCIES IN THE
LEGISLATURE
2004 GENERAL SESSION
STATE OF UTAH
Sponsor: Craig A. Frank
Ralph BeckerRebecca D. Lockhart
LONG TITLE
General Description:
This bill modifies provisions of the Election Code that govern the process for filling
midterm vacancies in the Legislature.
Highlighted Provisions:
This bill:
. requires each registered political party to establish procedures in its bylaws to fill a
legislative vacancy; and
. makes other technical corrections.
Monies Appropriated in this Bill:
None
Other Special Clauses:
None
Utah Code Sections Affected:
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 shall fill the vacancy by[:] immediately appointing the person whose
name was submitted by the party liaison of the same political party as the prior representative.
[(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 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 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.]
(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 shall fill the vacancy until the next regular general election by[:]
immediately appointing the person whose name was submitted by the party liaison of the same
political party as the prior senator.
[(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 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

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officeholder 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.]
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

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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 because of
death, resignation, or ineligibility;
[(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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