Second Substitute H.B. 40

Senator James M. Evans proposes the following substitute bill:

1 FILLING MIDTERM VACANCIES IN THE
2 LEGISLATURE
3 2004 GENERAL SESSION
4 STATE OF UTAH
5 Sponsor: Craig A. Frank
6
7 LONG TITLE
8 General Description:
9 This bill modifies provisions of the Election Code that govern the process for filling
10 midterm vacancies in the Legislature.
11 Highlighted Provisions:
12 This bill:
13 . requires each registered political party to establish procedures in its bylaws to
14 submit a single name to the governor to fill a legislative vacancy; and
15 . makes other technical corrections.
16 Monies Appropriated in this Bill:
17 None
18 Other Special Clauses:
19 None
20 Utah Code Sections Affected:
21 AMENDS:
22 20A-1-503, as last amended by Chapter 377, Laws of Utah 1998
23 20A-8-401, as last amended by Chapter 78, Laws of Utah 2001
24
25 Be it enacted by the Legislature of the state of Utah:

26 Section 1. Section 20A-1-503 is amended to read:
27 20A-1-503. Midterm vacancies in the Legislature.
28 (1) As used in this section, ["central committee" means: (a) the state central
29 committee, when the legislative district encompasses more than one county; and (b) the county
30 central committee, when the legislative district is entirely within one county] "party liaison"
31 means the political party officer designated to serve as a liaison with the lieutenant governor on
32 all matters relating to the political party's relationship with the state as required by Section
33 20A-8-401 .
34 (2) When a vacancy occurs for any reason in the office of representative in the
35 Legislature, the governor shall fill the vacancy by[:] immediately appointing the person whose
36 name was submitted by the party liaison of the same political party as the prior representative.
37 [(a) appointing the person who meets the qualifications for the office whose name was
38 submitted by the central committee of the same political party of the prior officeholder if the
39 process used to nominate the replacement was the standard process used by that political party
40 to select a candidate without a primary election;]
41 [(b) appointing a person who meets the qualifications for the office from two persons
42 whose names were submitted by the central committee of the same political party of the prior
43 officeholder if the process used to nominate those persons was the standard process used by
44 that political party to select candidates for the primary election ballot; or]
45 [(c) appointing a person who meets the qualifications for the office from three persons
46 nominated by the central committee of the same political party as the prior officeholder.]
47 (3) (a) When a vacancy occurs for any reason in the office of senator in the Legislature,
48 it shall be filled for the unexpired term at the next regular general election.
49 (b) The governor shall fill the vacancy until the next regular general election by[:]
50 immediately appointing the person whose name was submitted by the party liaison of the same
51 political party as the prior senator.
52 [(i) appointing the person who meets the qualifications for the office whose name was
53 submitted by the central committee of the same political party of the prior officeholder if the
54 process used to select that person was the standard process used by that political party to
55 nominate the replacement without a primary election;]
56 [(ii) appointing a person who meets the qualifications for the office from two persons

57 whose names were submitted by the central committee of the same political party of the prior
58 officeholder if the process used to nominate those persons was the standard process used by
59 that political party to select candidates for the primary election ballot; or]
60 [(iii) appointing a person who meets the qualifications for the office from three persons
61 nominated by the central committee of the same political party as the prior officeholder.]
62 Section 2. Section 20A-8-401 is amended to read:
63 20A-8-401. Registered political parties -- Bylaws.
64 (1) (a) Each registered state political party shall file a copy of its constitution and
65 bylaws with the lieutenant governor by January 1, 1995.
66 (b) Each new or unregistered state political party that seeks to become a registered
67 political party under the authority of this chapter shall file a copy of its proposed constitution
68 and bylaws at the time it files its registration information.
69 (c) Each registered state political party shall file revised copies of its constitution or
70 bylaws with the lieutenant governor within 15 days after the constitution or bylaws are adopted
71 or amended.
72 (2) Each state political party, each new political party seeking registration, and each
73 unregistered political party seeking registration shall ensure that its constitution or bylaws
74 contain:
75 (a) provisions establishing party organization, structure, membership, and governance
76 that include:
77 (i) a description of the position, selection process, qualifications, duties, and terms of
78 each party officer and committees defined by constitution and bylaws;
79 (ii) a provision requiring a designated party officer to serve as liaison with the
80 lieutenant governor on all matters relating to the political party's relationship with the state;
81 (iii) a description of the requirements for participation in party processes;
82 (iv) the dates, times, and quorum of any regularly scheduled party meetings,
83 conventions, or other conclaves; and
84 (v) a mechanism for making the names of delegates, candidates, and elected party
85 officers available to the public shortly after they are selected;
86 (b) a procedure for selecting party officers that allows active participation by party
87 members;

88 (c) a procedure for selecting party candidates at the federal, state, and county levels that
89 allows active participation by party members;
90 (d) (i) a procedure for selecting electors who are pledged to cast their votes in the
91 electoral college for the party's candidates for president and vice president of the United States;
92 and
93 (ii) a procedure for filling vacancies in the office of presidential elector because of
94 death, refusal to act, failure to attend, ineligibility, or any other cause;
95 (e) a procedure for filling vacancies in the office of representative or senator because of
96 death, resignation, or ineligibility;
97 [(e)] (f) a provision requiring the governor and lieutenant governor to run as a joint
98 ticket;
99 [(f)] (g) a procedure for replacing party candidates who die, become disabled, or are
100 disqualified before a primary or regular general election;
101 [(g)] (h) provisions governing the deposit and expenditure of party funds, and
102 governing the accounting for, reporting, and audit of party financial transactions;
103 [(h)] (i) provisions governing access to party records;
104 [(i)] (j) a procedure for amending the constitution or bylaws that allows active
105 participation by party members or their representatives; and
106 [(j)] (k) a process for resolving grievances against the political party.