utah republican party preliminary motion exhibit c (evans declaration)

8/10/2019 Utah Republican Party Preliminary Motion Exhibit C (Evans Declaration)

1/52

EXHIBIT C

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 1 of 52


2/52

Marcus R. Mumford (12737)MUMFORD PC405 South Main Street, Suite 975

Salt Lake City, Utah 84111Telephone: (801) 428-2000Email: [email protected] for Plaintiff Utah Republican Party

IN THE UNITED STATES DISTRICT COURTFOR THE DISTRICT OF UTAH, CENTRAL DIVISION

UTAH REPUBLICAN PARTY,

Plaintiff,

v.

GARY R. HERBERT, in his OfficialCapacity as Governor of Utah, andSPENCER J. COX, in his Official Capacityas Lieutenant Governor of Utah,

Defendants.

DECLARATION OF JAMES

EVANS

Case No. 2:14-cv-00876-DN

Judge David Nuffer

I, James Evans, declare as follows:

1. I am chairman of the Utah Republican Party (the Party), plaintiff to the above-

referenced action. I was elected as chairman in 2013 to a two-year term of office. I submit this

sworn declaration in support of the Partys motion for a preliminary injunction to stay the

enforcement of SB54 during the pendency of the underlying dispute.

Duties and Responsibilities

2. As chairman of the Party, my duties are defined by the Partys foundational

documents, including the Partys Constitution and Bylaws, which are attached hereto as Exhibits

1 and 2.



3/52

2

3. The stated purpose of the Party is to nominate and support the election of

Republican candidates in partisan races for public office, promote the principles set forth in the

State Party Platform, and perform Party functions set forth in the election laws of the State of

Utah and the Constitution and Bylaws of the Party. Ex. 1, Art. I(B).

4. Consistent with the Partys purpose, my duties aredefined to serve the Party in

the following roles: as Chair of the State Central Committee, as Chair of the State Executive

Committee, and as liaison with the Lieutenant Governor of Utah on all matters relating to Utah

state election laws. Ex. 1, Art. III(B)(1).

5. Among other things, my duties under the current version of the Utah election code

include the certification to the Utah Lieutenant Governor the names of the Partys nominees for

elected office selected pursuant to the Partys chosen candidate selection process, who would in

turn provide the names of those candidates to the individual county clerks serving as Utah

election officers in their respective counties. Ex. 1, Art. III(B)(1) & Utah Code Ann. 20A-9-

202(4) & -9-701.

6. I understand that legislation enacted earlier this year by the Utah Legislature and

Governor, who is a defendant to this lawsuit, as Utah Senate Bill 54 (SB54) amended the Utah

election code to, and among other things, take away the Partys rights, and my duties to execute

those rights, regarding the certification of the Partys nominees by mandating, among other

things, that Utahs Lieutenant Governor certify himself the Partys nominees, without awaiting

certification from myself or the Party. Utah Code Ann. 20A-9-701(1)-(2), as amended.

7. This is a significant burden on the Partys rights, as it places exclusively in the

hands of the State of Utah (State) the power to control and designate the Partys nominees and



4/52

3

candidates for elected office.

8. Heretofore, I understand the Utah election code to have respected and recognized

the rights of the Party, the membership is made up of like-minded Utah registered voters, to

organize in political parties in order to select and endorse those candidates for office who best

represent the ideologies and preferences of the Partys members, and to place names of

candidates representing that organization upon the primary and regular election ballots under the

common organization name. Utah Code Ann. 20A-8-102(2).

9.

Utah election code provides that the paper ballots, electronic ballots, and ballot

sheets used in the States general elections shall designate, where appropriate, the Partys

endorsements of political parties nominating candidates, including by way of a political partys

name, title and emblem, in order to communicate its Party endorsements to general election

voters. Utah Code Ann. 20A-6-301(1)(d)-(g) & -301(2)(a), -302(1)(a), -303(1)(g), & -

304(1)(g).

10. Utah code mandates that the State ensure that the paper or electronic general

election ballots or ballot sheets be designed to allow for voting by a straight ticket of any

registered political party. Utah Code Ann. 20A-6-305(4)(d).

11. As chairman, I have seen to my duties to communicate to the State of Utah the

requisite certifications concerning the use and appearance on the ballot of the Partys name, title,

and emblem, with the names of the Partys candidates, in order to communicate the Partys

endorsement to general election voters. This includes the certification and authorization to use

the Partys logo on the Lieutenant Governors certification and general electionballots, which

was provided most recently on or about August 26, 2014, with the logo and emblem appearing



5/52

4

generally as set forth in the Complaint filed in this matter at paragraph 47.

12. The Party has expended significant resources to protect and preserve the exclusive

use of its name, title, marks and other intellectual property, and it is also the licensee of critical

marks and intellectual property belonging to the Republican National Committee pertaining to

the Republican Party name and brand.

The Party

13. The Party is a registered political party under Utah election code, and it is

generally recognized as being the most dominant political party in the State, in terms of the

number of its members and in the success it has had electing its nominees to office at the federal,

state, and local levels.

14. The success that the Party has had in electing nominees to office at the federal,

state, and local levels is due almost entirely to the candidate selection process that the Party has

chosen and designated for itself.

15. These candidates, especially successful, naturally become leaders in the Party and

standard bearers who represent the Partys ideologies and preferences. As set forth below, the

Party has established a candidate selection process for itself to ensure that those nominees and

candidates are responsive to the Party and its members, including a commitment to the Partys

platform as the standard by which their conduct in office should be measured.

16.

Prior to SB54, the Utah election code largely left it up to the Party to determine

for itself the candidate selection process in order to select standard bearers who best represent the

Partys ideologies and preferences.

a. The election code required that the Party designate a candidate selection process at



6/52

5

the federal, state, and county levels that allows active participation by party

members, but otherwise left matters to the Party. Utah Code Ann. 20A-8-

401(2)(c).

b. The election code recognizes, as it must, that the States procedures for a primary

election cannot govern or regulate the internal procedures of a registered political

party. Utah Code Ann. 20A-9-401(2).

17. Utah code currently allows, but does not require, that the Party may choose[] to

use the States primary election process to nominate some or all of its candidates. Utah Code

Ann. 20A-9-403(1)(b).

The Partys Chosen Candidate Nomination Process

18. In addition to a constitution and bylaws, the Party has adopted a platform to

express its common message on the timely political issues of the day. A copy of that Platform is

attached as Exhibit 3.

19. Consistent with current Utah election code, the Party has determined the

candidate selection process that will allow and encourage active participation by Party members

and, in its view, produce nominees who best represent the Partyspolitical platform.

20. That process is established largely by the Partys constitution and bylaws and

involves a combination of a caucus/ convention and primary election, where the members of the

Party, organized by precincts, hold neighborhood caucus meetings at a designated time and,

among other things, elect a member or members of their neighborhood to serve as delegates to

the Partys county and state nominating conventions, where those delegates nominate the Partys

candidates for partisan federal, state and local government elected offices. Ex. 1, Art. XII.1.A-.B



7/52

6

& .2.A-.J. The Partys constitution tightly controls theprocess by which the names of its

nominees are certified by the Party to the respective Utah county clerks or Utah lieutenant

governor. Id.

21. The Partys Constitution and Bylaws establish the procedures for its

neighborhood caucus meetings.

a. The Partys Constitution and Bylaws provide that while the caucus meetings are open

to the public, only registered Republican Party members may participate, and any

officer, delegate, candidate or registered affiliated voter of a rival political party in the

state is not allowed to participate. Ex. 1, Art. XII.1.A; Ex. 2, 9.A.3

b. The Partys Bylaws mandate that participants start all caucus meetings with, among

other things, a prayer, the recitation of the pledge of allegiance, and a reading of the

Partys platform, and only after those agenda items do the members select delegates

to the county and state nominating conventions. Ex. 2, 9.0.B.

22. The Partys Constitution and Bylaws establish the rules and procedures for its

county and state nominating conventions.

a. Similar to the neighborhood caucus meetings, the county and state nominating

conventions are open to the public, but participation is limited to those delegates

selected at the Partys neighborhood caucus meetings to nominate candidates for

partisan elective office and adopt the Party platform. Ex. 1, Art. XII.3.A.

b. The Partys Bylaws provide that only Republican candidates who have properly filed

for elected public office as required by Utah election law and who also meet the

requirements of the Utah Republican Partywill be considered by the convention. Ex.



8/52

7

2, 7.5.I.1.

c. The Partys Bylaws require that any candidate wishing to run for the Partys

nomination to elected office must sign a disclosure statement regarding the Party

Platform, and submit it to the Partys headquarters at least 30 days prior to the

convention, which the Party makes available to all delegates attending the

convention, so that the Partys delegates may consider in advance a candidates

support for and acceptance of the Platform as the standard by which that candidate

will be evaluated as the holder of public office. Ex. 2, 8.0.A.

d. In the Party Platform disclosure statement, the candidate running for the Partys

nomination and endorsement must certify that he or she is not a candidate, officer,

delegate nor position holder in any party other than the Republican party and either:

i. that the candidate has read the Utah Republican Party Platform and

support[s] and accept[s] it as the standard by which my performance as a

candidate and as an officeholder should be evaluated; or

ii. that the candidate has read the Utah Republican Party Platform and, with

exception of provisions from the Platform specifically noted by the candidate,


candidate and as an officeholder should be evaluated. Ex. 2, 8.0.A.

e.

In the event that any candidate fails to submit a disclosure statement as required, the

Party Chairman must announce this failure to the delegates prior to balloting for that

candidates office, so that the Partys delegates may consider the candidates failure

in that respect in their selection of a nominee. Ex. 2, 8.0.B.



9/52

8

f. Except for those situations where a candidate is running unopposed, the Party

Constitution requires that delegates cast votes at the convention to select the Partys

nominee for elected office only after substantive nominating and acceptance speeches

are made to the delegates by the individual candidates or on behalf of the individual

candidates running for the Partys nomination. Ex. 1, Art. XII.2.F.

23. In the event a field of candidates is more than two, for a single elected office, the

Partys constitution provides for the use of multiple ballots until the field is winnowed to the top

two candidates, or until a candidate receives 60% or more of the delegate vote cast for the office

(the Convention Threshold), in which case, that candidate is certified by the Party to the

States election officer to appear on the general election ballot as the Partys endorsed nominee.

Ex. 1, Art. XII.2.H-.J.

24. If no candidate receives 60% or more of the delegates vote at convention as to a

single elected office, the Party nominates both candidates to run in a primary election conducted

in accordance with Utah election code. Ex. 1, Art. XII.2.I & .5.A.

25. The Party mandates that only voters who are registered Republicans may vote in a

Republican primary election. Ex. 1, Art. XII.5.B.

26. By limiting its use of the primary election process provided by the state of Utah to

the top two candidates at convention, where neither received more than 60%, the Party ensures

that the nominee winning any primary election will have received a majority of votes cast.

27. In this manner, and only this manner, has the Party chosen to use the primary

election process provided by the state of Utah to nominate some of its candidates.

28. The Party has established these rules and procedures pursuant to its founding



10/52

9

documents, and they can only be changed as set forth in those founding documents.

29. The purpose of these rules and procedures is to promote the principles set forth

in the State Party Platform in the nomination of Republican candidates for elected office by,

among other things, (1) limiting participation at the Partys caucuses and county and state

nominating conventions to Party members, (2) mandating neighborhood caucuses begin with a

prayer, a pledge, and a review of the Partys platform, (3) requiring that all candidates seeking

the Partys nomination make disclosure statements regarding thePartys platform and

substantive speeches to delegates before the delegates vote, and (4) setting the designated vote

thresholds to require either a supermajority of delegates at convention or a majority of Party

members voting where the Party rules call for the use of Utahs primary election process. Ex. 1,

Art. I.B.

The Impact Of SB54

30. I have expended a significant amount of time and effort in reviewing the

amendments to the Utah election code under SB54, how that law affects and burdens the Partys

rights.

31. In this, I have spent countless hours conferring with Partys members, leaders,

delegates, and others in trying to assess and analyze the impact of SB54, and what the Party

would have to do to bring itself into compliance with the law when SB54 goes into effect.

32.

Given my position with the Party since 2013, I am aware of some of the

circumstances at issue in the States proposing and passing of SB54.

33. I understand that SB54 includes in significant part the entirety of a proposal

circulated beginning in 2013 by a handful of well-known, influential, and self-described



11/52

10

bipartisans that came to be known as Count My Vote.

34. I understand that the stated purpose of the Count My Vote efforts was to change

the Utah election code for the purpose of affecting the message and priorities expressed by the

Utah Republican Party in its chosen candidate selection process, and in particular to decrease the

level of responsiveness that Party nominees who won election would later be required to show to

the Party and its Party Platform.

35. At the time, individuals associated with what came to be known as Count My

Vote began making demands to Party leadership and its State Central Committee that the Party

change the rules and procedures governing its candidate selection process.

36. On or about April 12, 2013, these individuals sent Republican Party leaders, and

the State Central Committee, a letter stating that their group, which was also registered as Utah

Political Issues Committee Alliance for Good Government, would move forward with a ballot

initiative to change Utahs election code in a way that would affect the Partys power and

influence, unless the Partys State Central Committee voted, among other things, to: (1) change

the Partys internal rules and procedures for voting at its nominating conventions to eliminate

multiple ballots and raise the Convention Threshold to between 70-80%; (2) open caucus

participation and allow absentee balloting; and (3) agree to implement other long-term internal

or statutory solutions to provide stability and predictability.

37.

The Partys State Central Committee voted multiple times to reject these demands

that the Party change its rules under threat of a ballot initiative that would impose changes on the

Party through the Utah election code.

a. On or about March 23, 2013, a special session of the State Central Committee met to



12/52

11

discuss the Count My Vote demands that the Party change its internal rules and

policies in the candidate selection process, and rejected most of them.

b. On or about April 13, 2013, the Partys State Central Committee rejected a proposal

to increase the Convention Threshold as Count My Vote had demanded.

c. On or about May 18, 2013, the Partys State Central Committee rejected a similar

proposal made to increase the Convention Threshold from 60% to 2/3rds or 66% of

delegates, as Count My Vote had demanded.

38.

After the State Central Committee rejected Count My Votes demands, on or

about May 18, 2013, the Partys delegates to the state convention also rejected a proposal to

increase the Convention Threshold from 60% to 2/3rds or 66% of delegates, and voted to table

indefinitely a proposal to increase the Convention Threshold from 60% to 70%.

39. I understand that after the Party refused these proposals originating from outside

groups to affect the Partys priorities and messaging through the internal rules and procedures

governing its candidate selection process, some of the same influential Utahns making the

demands, in what was described as a bipartisan group of unaffiliated, Democratic Party

members, and dissatisfied Republicans, moved forward as a Utah Political Issues Committee

called Alliance For Good Government, or Count My Vote, with efforts to organize and fund a

ballot initiative to impose reforms on the Party through the Utah election code that the Party, its

governing body, and its delegates had rejected.

40. I understand that Count My Vote proceeded to raise large sums of money from a

few, wealthy donors who shared its views and desire to change, from the outside, the Partys

priorities and messaging by enacting reforms in the Utah election code that would force the Party



13/52

12

to change the internal rules and procedures governing its candidate selection process.

41. Count My Vote registered its initiative and began its effort to obtain the

signatures required by law to have an initiative submitted to a vote of the people of Utah.

42. I understand that Count My Vote, and its supporters, touted their initiative as a

bipartisan effort to affect the priorities and messaging of the Party, as the dominant political

party in Utah, through reforms in the Utah election code that would force the Party to change the

internal rules and procedures governing its candidate selection process.

43.

I understand that Count My Vote promised as one of the purposes and impacts of

the initiative that it would reduce the power of the Party and its membersin the state of Utah

and cause the Party to nominate candidates with less extreme views,and cause those

candidates to become what they described as less beholden to the Party, Platform, and

members, in how they eventually governed as federal, state and local representatives.1

44. During the 2014 legislative session, I understand that Count My Vote organizers

began working with various Utah lawmakers to enact their initiative by statute, with its intended

effects.

45. I understand that eventually organizers of Count My Vote and Utah lawmakers

struck what was characterized as a compromise to enact the Count My Vote ballot initiative into

law, with other reforms, in what came to be known as SB54, amending the Utah election code.

46.

I understand that SB54 incorporated almost the entire language, verbatim, of

Count My Votes ballot initiative, with additional reform provisions imposed by the State

regarding the manner in which a political party chooses its nominees.

1See, e.g., Count My Vote, Why Change Utahs Election System?, available athttp://www.countmyvoteutah.org/facts (as accessed October 16, 2014).



14/52

13

47. I understand SB54 is scheduled to go into effect as of January 1, 2015

48. In consultation with the Party and legal counsel, I caused this action to be filed on

or about December 1, 2014, and verified the same by sworn declaration, which I incorporate into

this declaration.

49. I understand the affects and purposes of SB54 are consistent with the recitation

set forth in paragraphs 62 through 94 of the Complaint filed in this action, including, among

other things, to try and misappropriate to the State the Partys right to certify and endorse its

nominees, to try and reduce the involvement and influence of the Party and its members in how

Party nominees are selected, and to try and dilute the Partys message and influence in the

election process in Utah by restricting access to the general election ballot to those parties who

comply with SB54s provisions or forcing the Party to open its primaries to unaffiliated voters by

way of a new classification of Utah registered political party called qualified political party, or

QPP. Utah Code Ann. 20A-9-406, as enacted.

How SB54 Burdens The Partys Rights

50. SB54 takes effect January 1, 2015, and it burdens the Partysrights in a number

of ways, including the following:

51. As set forth above, it takes away, and misappropriates to the State, the Partys

right to certify and endorse its nominees for elected office.

a.

Where the election code previously respected the rights of the Party to certif[y]

[its] nominees for offices to be voted upon at the regular general election to the

lieutenant governor, who in turn would provide the names of those candidates to the



15/52

14

individual county clerks,2

b. as amended by SB54, the election code now mandates that Utahs Lieutenant

Governor certify himself the Partys nominees, without awaiting certification from

the Party, and prohibits the Party from being able to communicate its endorsement of

any other nominee on the ballot.3

52. SB54 takes away, and misappropriates to the State, the Partys right to

communicate its endorsement on the general election ballot and to control the use of its name

and emblem on the ballot.

a. Where the election code previously respected the rights of the Party to establish its

own procedure for selecting party candidates at the federal, state, and county

levels as long as it allowsactiveparticipation by party members,4and to place

the names of its candidates under the Partys name and emblem, including with

the Party Mark,5

b. as amended by SB54, the election code now

iii. prohibits the Party from indicating any nominat[ion], affiliat[ion],

endorsement[], or symbols, markings, or other descriptions, on the ballot

unless it nominates its candidates pursuant to the Presidential or CMV

Processes, and

iv.

strips the Party of its right to place the names of its nominees on the ballot under

its name, title or emblem, and

2Id.3Id. 20A-9-701(1)-(2), as amended.4Id. 20A-8-106, 20A-8-401(2)(c).5Id. 20A-6-301(2)(a).



16/52

15

v. if the Party refuses to comply, relegates the Partys nominees on the general

election ballots to a column with the other unaffiliated candidates without a

party circle.6

53. SB54 takes away, and misappropriates to the State, the Partys right to determine

for itself the candidate selection process that will produce a nominee who best represents the

Partys political platform.

a. Where the election code previously allowed the Party to determine for itself the

candidate selection process to produce a nominee who would best represent the

Partys political platform, and allowed the Party to choose[] to use the primary

election process to nominate some or all of its candidates,7

b. as amended by SB54, the election code now dictates that the Party shall comply

with the requirements of this section and shall nominate its candidates for elective

office in the manner prescribed, if it desires to haveits candidates appear on the

general election ballots featured with the Partys affiliation, prohibiting any affiliation

with the Party from appearing on the ballot if the Party does not comply with the

mandates of SB54 in nominating its preferred candidates for elected office.8

54. SB54 burdens the Partys associational rights by mandating changes to the Partys

internal rules and procedures, at the threat of depriving the Party of its rights if it refuses to

comply, that disadvantage the Party, and that the Party has rejected and that conflict with the

rules the Party has determined for itself, as set forth in its Constitution and Bylaws, will produce

6Id. 20A-6-301(1)(d)-(g), -301(2)(a), -302(1)(a), -303(1)(g), & -304(1)(g), as amended.7See id. 20A-8-106, 20A-8-401(2)(c) & 20A-9-403(1)(b).8Id. 20A-9-403(1)(a)-(c) & -403(2)(a), as amended.



17/52

16

a nominee who best represents the Partys political platform.




election process to nominate some or all of its candidates, respecting that it may not

govern or regulate the internal procedures of a registered political party,9

b. as amended by SB54, the election code now dictates that, if the Party wishes to have

its candidates for elective office featured on the ballot, it shall comply with the

requirements of this section and shall nominate its candidates for elective office in the

manner prescribed,10requiring a petition process that is more onerous for candidates

seeking the Partys nomination than candidates seeking the nomination of other

parties, and conflicting with the Partys Constitution and Bylaws that set the timing of

the nomination process to allow meaning time to vet candidates11and require, among

other things:

i. that its nominees be selected at state and county conventions by delegates who

are members of the Party and selected by other members at neighborhood

meetings that start with a prayer, the pledge and a review of the Partys

platform;12

ii.

that its nominees themselves be registered members of the Party and otherwise

9See id. 20A-8-106, -8-401(2)(c), -9-401(2), & -9-403(1)(b).10Id. 20A-9-403(1)(a)-(c) & -403(2)(a), as amended.11See, e.g., Bylaws 7.0.A (mandating a letter of intent to be received by the Party at least 30days before convention).12Party Const. Art. XII.1.A-.B, Art. XII.2.A-.J & Bylaws 9.0.A.3, 9.0.B.



18/52

17

meet the Partys requirements to qualify for the Partys nomination;13

iii. that its nominees make disclosures to the Party that they are not a candidate,

officer, delegate nor position holder in any party other than the Republican

party and that they have read the Utah Republican Party Platform and either

support and accept that Platform as the standard by which my

performance as a candidate and as an officeholder should be evaluated or, with

exception of Platform provisions specifically noted by the candidate,


candidate and as an officeholder should be evaluated;14

iv. that its nominees be selected only after the Party confirms that the candidates

running have made these disclosures regarding the Partys Platform;15

v. that its nominees be selected at conventions only after making substantive

nominating and acceptance speeches to the delegates voting;16and

vi. that its nominees be selected by a supermajority of delegates at state and county

nominating conventions or a majority of Party members voting in primary

elections.17

55. SB54burdens the Partys rights by imposing on the Party a nominee who may not

necessarily be a Party member and without guaranteeing that nominee has been selected by a

majority of Party members participating in the primary election.

13Bylaws 7.5.I.1 & 8.0.A.14Id. 8.0.A.15Id. 8.0.B.16Party Const. Art. XII.2.F.17Id. Art. XII.2.H-.J & Art. XII.5.A-B; Utah Code Ann. 20A-9-403(5)(a).



19/52

18



Partys political platform, and allowed the Partyto choose[] to use the primary

election process to nominate some or all of its candidates, which as set forth above,

ensured that its nominees were Party members and that any nominee selected in a

primary election would be by a majority vote,18

b. as amended by SB54, the election code now dictates that the Party shall nominate its

candidates for elective office in the manner prescribed, by the Presidential and CMV

Processes, which require only that a candidate for the Partys nomination express his

or her preferred party affiliation and has no requirement that a nominee receive a

majority vote in the primary election.19

56. SB54 takes away the Partys right to have its nominees commit themselves to the

Party Platform as the standard by which my performance asa candidate and as an officeholder

should be evaluated, and replaces it with a process that requires only that candidates gather

signatures.



Partys political platform, and the Party required that candidates for its nominations

make a certified disclosure to the Party that they have read the Utah Republican

Party Platform and support and accept that Platform as the standard by which

18See Utah Code Ann. 20A-8-106, 20A-8-401(2)(c) & 20A-9-403(1)(b); Party Const. Art.XII.1.A-.B, Art. XII.2.A-.J & Bylaws 7.5.I.1 & 8.0.A.19Utah Code Ann. 20A-9-403(1)(a)-(c), -403(2)(a) & -403(5)(a), as amended.



20/52

19

my performance as a candidate and as an officeholder should be evaluated, with any

exceptions notated,20

b. as amended by SB54, the election code now dictates that the candidates for the

Partys nomination need only complete and file nomination petitions to qualify for the

primary ballot, and that only the candidate who receives the highest number of votes

in the primary may appear on the ballot with the Partys endorsement.21

57. SB54burdens the Partys rights by mandating that the Party replace its current

system to select nominees with what SB54 requires.




election process to nominate some or all of its candidates, which as set forth above,

the Party utilized only where a candidate was unable to get more than 60% at the

nominating convention,22

b. as amended by SB54, the election code only allows the Party to utilize a convention

for the purpose of designating candidates for the primary election ballot, and only if

the Party adopts a new classification, where it changes its rules and procedures to:

i. allow unaffiliated voters to participate in the Partys primary election;

ii.

allow delegates the right to vote remotely in the Partys convention or a

20See id. 20A-8-106, 20A-8-401(2)(c) & 20A-9-403(1)(b); Party Const. Art. XII.1.A-.B, Art.XII.2.A-.J & Bylaws 7.5.I.1 & 8.0.A.21Utah Code Ann. 20A-9-403(3)(a) & -403(5)(a), as amended.22See Utah Code Ann. 20A-8-106, 20A-8-401(2)(c) & 20A-9-403(1)(b); Party Const. Art.XII.1.A-.B, Art. XII.2.A-.J & Bylaws 7.5.I.1 & 8.0.A.



21/52

20

procedure for designating alternate delegate;

iii. delay its convention until after April; and

iv. allow candidates to circumvent the convention and qualify for the Partys

primary election ballot also through a petition process.23

c. In other words, the election code as amended by SB54 would only allow the Party to

retain its convention system if it agreed to open itself up to a process that allows

unaffiliated persons to vote in the Partys primary and does not require that the

winning candidate be selected by a majority of those participating in the Partys

primary.24

58. SB54burdens the Partys rights by opening the Party up to unknown means of

manipulating the process by which its nominees are selected, as compared to the proven

candidate selection process it selected for itself.

59. SB54 reduces the Partys ability to govern itself and to control its own brand and

message, and its authority over its endorsement, name, and emblem, and threatens to deprive the

Party of its rights and recognition as a registered political party in the State unless it complies

with the States mandates, which limit those rights.

Modifications To The Partys Candidate Selection Process

60. One of the issues I have been forced to consider in my role as chairman of the

Party is how the Party could bring itself into compliance with SB54, even if it wanted to.

61. First, the Party would have to change and amend its current bylaws with those

consistent with SB54.

23Utah Code Ann. 20A-9-101(12), as amended, & -9-409, as enacted.24Id.



22/52

21

62. New Party bylaws may be adopted or modified through two different methods:

either adopted by the State Central Committee or the Delegates to State Convention. Both

methods require a 2/3 vote. Ex. 1, Art. II(B).

63. Second, the Party would have to change and amend its current constitution with

amendments consistent with SB54.

64. The Partys Constitution may be amended by a 2/3 vote of the members at a State

Central Committee meeting if subsequently ratified by a majority vote of the Delegates present at

the State Convention. The Constitution may also be amended by 2/3 vote of Delegates present at

the State Convention. Ex. 1, Art. X(B).

65. To be considered at the state convention, proposed amendments to the

Constitution and proposed changes to the Bylaws and Convention Rules must be received in

writing by 5:00 p.m. 30 days before the Convention at UTGOP Headquarters. The Constitution

and Bylaws committee has the option to forward proposed changes either to the Delegates at the

State Convention or to the State Central Committee. Ex. 2, 7.5(H).

66. In order to be considered at a State Central Committee Meeting, proposed

amendments to the Constitution and proposed changes to the Bylaws must be received in writing

at UTGOP Headquarters one week prior to the mailing of the official meeting notice. (UTGOP

Bylaws, 2.0, Section C) The official notice must be postmarked at least two weeks prior to the

meeting. Ex. 1, Art. IV(E).

67. The Constitution and Bylaws Committee is responsible for vetting proposed

amendments and enabling extensive consideration of possible ramifications related to changes to

the Party's governing documents. Most organizations spend at least six months in preparation of



23/52

22

such a major document revision before they present the final product to the Delegates.

68. As an example, of the time it takes for the Party to amend its constitution, in the

2013 organizing convention, there were minor amendments to the constitution and bylaws

proposed and considered. I am informed that the Partys committees responsible for reviewing

them prior to convention spent the equivalent of several work weeks in man-hours reviewing and

refining the proposals in advance of the convention, putting together a booklet of proposals that

organized the proposals for the delegates to consider. In the consideration of those matters, the

delegates expended approximately two hours, or 20% of the total convention time. And it does

not appear from the records of that convention that very many, if any, amendments were offered

from the floor of the convention. In contrast, the amendments that would be proposed and

considered by the delegates to bring the Party into compliance with SB54 would require

exponentially more time and resources.

69. I understand that the Party must certify by November 2015 its compliance with

SB54, and that the failure to do so would deprive the Party of its ability as a Utah registered

political party to have its nominees appear on the general election ballot with the endorsement of

the Party. Based on my understanding of the modifications to the founding documents of the

Party, I do not believe the Party will be able to bring its governing documents into compliance

with SB54 by November. My conclusion on this is informed by the following considerations,

among others:

70. The Partys Constitution appears to limit the Party to one Nominating Convention

and one Organizing Convention during an election cycle. (Article XII, Sections 2, 3 and 6)

71. In the 2014-15 Cycle, the Party held its nominating convention last spring, and is



24/52

23

scheduled to hold its organizing convention later this year, at a date to be determined.

72. At any organizing convention, everyone one of the approximately 4,000 Party

delegates selected by the Partys members will have the right to propose amendments to any

amendments to the Partys constitution or bylaws, resulting in a time intensive approval process.

73. The Party currently accounts for an organizing convention of one day.

74. The time that it will take to deliberate and/or approve the necessary amendments

and changes to the Partys constitution and bylaws mandated by SB54 will take significantly

longer than one day.

75. My judgment on these matters is further informed by the fact that units of the

Republican Party organized in each county in Utah as county Republican parties will also need

to modify each of their governing documents to bring their candidate selection processes in line

with the requirements of SB54.

76. The Partys Constitution presently delegatesto each County Party the power to

select nominees for local partisan office and mandates that each County Party adopt a

constitution and/or bylaws to govern the selection of nominees running for partisan elected office

in that county or its parts. Ex. 1, Art. VII(A).

77. The Partys Constitution provides that [a]ny provision of those [county

constitution or bylaws] that is contrary to state law or to a specific provision of this Constitution

is null and void. Id.

78. As a result, many County Parties refer to changes made to the State Party's

governing documents. Because County parties hold their conventions prior to the State

Convention, I do not see how they will be able to enact the changes necessary to be in



25/52

24

compliance with SB54.

79. It would be a substantial burden on the Party to make the arrangements for an

organizing convention extending several days.

80. Planning and running a Party convention involves immense costs, including

venue rental costs, audio/visual set-up.

81. The Party raises tens of thousands of dollars every year to fund its convention. As

an example, the 2014 Convention budget included the rental for one day of the South Towne

Expo Center at a cost of $42,582.67, and a contract with Webb Audio for electronics and AV

resources at a cost of $26,112.11.

82. This does not take into account the significant man-hours of volunteers that are

required to organize and run a Party convention.

83. The aforementioned costs pertain to a one-day convention.

84. As the Party would need to make arrangements for a multi-day convention in

order to bring its governing documents into compliance with SB54, it is my judgment that the

financial burden alone attributable to SB54 is untenable.

85. As set forth above, the requirements of SB54 place a heavy and undue burden on

the rights of the Party to associate as like-minded registered voters, select as candidates those

persons who will best represent the Party and its Platform in elected office, and communicate its

endorsement of those candidates to voters on the general election ballot.

86. This burden will begin to be felt as soon as SB54 goes into effect. Accordingly, I

respectfully request that the Court enter a stay of enforcement of SB54 pending the outcome of

this lawsuit.



26/52



27/52

EXHIBIT 1



28/52

Utah Republican Party Constitution2013 Official Version

PREAMBLE

We, as members of the Utah Republican Party, grateful to Almighty God for life andliberty, desiring to perpetuate principles of free government and the blessings of libertyto our posterity, do establish and adopt this Constitution. This Constitution, the PartyBylaws, and Roberts Rules of Order Current Edition are the exclusive governing rules ofthe Utah Republican Party.

ARTICLE INAME, PURPOSE AND MEMBERSHIP

A. Name.The name of this organization shall be the Utah Republican Party, alsoreferred to as the State Party or the Party.

B. General Purposes.The Party shall nominate and support the election ofRepublican candidates in partisan races for public office, promote the principles setforth in the State Party Platform, and perform Party functions set forth in the electionlaws of the State of Utah and the Constitution and Bylaws of the Party.

C. Membership.Party membership is open to any resident of the State of Utah whoregisters to vote as a Republican.

ARTICLE IIBYLAWS

A.Bylaws. The State Central Committee may adopt Bylaws to govern subjects notcovered by the Constitution. Such enactments shall not be inconsistent with thisConstitution.

B.Adoption and Modifications.

1. By the State Central Committee.Any Bylaw adopted or modified by the

State Central Committee shall be binding and in full force and effect whenadopted by a 2/3 vote of a quorum of the State Central Committee.2. By the State Convention.The delegates to the State Convention may adoptor modify a Bylaw by a 2/3 vote.

ARTICLE IIIOFFICERS



29/52

A. State Party Officers. The Officers of the State Party shall be the Chair, Vice-Chair,Secretary, and Treasurer.

B. Duties of Officers.

1. Chair. The State Party Chair shall serve, as Chair of the State CentralCommittee, and as Chair of the State Executive Committee. The Chair mayappoint, subject to the approval of the State Central Committee, Party personneland the General Counsel. The State Party Chair shall serve as liaison with theLieutenant Governor of the State of Utah on all matters relating to state electionlaws. The term of office shall be two years.2.Vice-Chair. The State Party Vice-Chair shall serve, as Vice-Chair of the StateCentral Committee, and as Vice-Chair of the State Executive Committee. TheVice-Chair shall assist the Chair in his or her duties and perform the Chairsduties in the Chairs absence. The term of office shall be two years.3. Secretary. The State Party Secretary shall serve as Secretary of the StateCentral Committee, as Secretary of the State Executive Committee, and asSecretary of the State Convention. The Secretary shall provide required notice,minutes and attendance records of the State Central Committee, State ExecutiveCommittee, and the State Convention. The term of office shall be two years.4. Treasurer. The State Party Treasurer shall serve as Treasurer of the StateParty, as Treasurer of the State Central Committee, as Treasurer of the StateExecutive Committee, and as a member of the Budget and Finance Committee.The Treasurer shall keep and maintain financial records. The term of office shallbe two years.

C. Election of Officers.

1. Delegates to the State Party organizing convention held on odd-number yearsshall elect the State Party Chair, Vice-Chair, Secretary, and Treasurer.

D. Replacement of Officers.

1.Vacancies. Officer vacancies shall be filled within ninety (90) days of thevacancy by the State Central Committee.2. Removal.Any officer may be removed by a 60% vote of all the votingmembers of the State Central Committee.

ARTICLE IV

STATE CENTRAL COMMITTEE

A. Powers. The State Central Committee shall be the governing and policy-makingbody of the Party.

B. Membership. The voting members of the State Central Committee shall consist ofthe State Party Chair, State Party Vice-Chair, State Party Secretary, State Party



30/52

Treasurer, National Committeeman, National Committeewoman, Chair and Vice-Chairof each County Republican Party, County Representatives elected at the countyorganizing conventions, and Presidents or Chairs of any organization designated as aParty Auxiliary by the State Central Committee. The following elected officials, ifRepublicans, shall each be a voting member of the State Central Committee: Governor,

U.S. Senator, U.S. Representative, State Attorney General, State Treasurer,State Auditor, and the Republican leader in both the Utah House and Utah Senate.Republican U.S. Senators and U.S. Representatives may designate a votingrepresentative to attend State Central Committee meetings and vote when the electedofficial is unable to attend. The Lieutenant Governor may attend State CentralCommittee meetings and vote when the Governor is absent.

C. Meetings. The State Central Committee shall meet at least quarterly. The Chair or25% of all the voting members of the State Central Committee may call a special StateCentral Committee meeting.

D. Quorum. In order to conduct binding business, the State Central Committee musthave a quorum in attendance, defined as 40 voting members.

E. Notice of Meetings.A regular, quarterly State Central Committee meeting shall benoticed by postmarking an agenda at least two weeks before the intended meeting. Aspecial State Central Committee meeting shall be noticed by postmarking an agenda atleast one week before the intended meeting. No business may be considered at a StateCentral Committee meeting unless properly noticed by inclusion in the agenda except ifa majority of the members in attendance vote to add an item to the agenda.

ARTICLE V

STATE EXECUTIVE COMMITTEEA. Powers. The State Executive Committee shall be a standing committee of the StateCentral Committee.

B. Membership. The voting members of the State Executive Committee shall consistof the State Party Chair, State Party Vice-Chair, State Party Secretary, State PartyTreasurer, Chair of the Constitution and Bylaws Committee, Chair of the AuditCommittee, National Committeeman, National Committeewoman, and twoCongressional District Representatives from each congressional district who are electedfrom the Central Committee members in each congressional district, and the Presidentsor Chairs of any organization designated as Party Auxiliary by the State CentralCommittee. The Congressional District Representatives shall be elected for two yearterms at the first State Central Committee meeting after the state organizing conventionto serve on the State Executive Committee. The following elected officials, ifRepublicans, shall each be a voting member of the State Executive Committee:Governor, U.S. Senator, U.S. Representative and the Republican leader in both the UtahHouse and Utah Senate. Republican U.S. Senators and U.S. Representatives maydesignate a voting representative to attend State Executive Committee meetings and



31/52

vote when the elected official is unable to attend. The Lieutenant Governor may attendState Executive Committee meetings and vote when the Governor is absent.

C. Quorum. In order to conduct binding business, the State Executive Committee musthave a quorum in attendance, defined as a majority of voting members of the State

Executive Committee.

ARTICLE VIPARTY COMMITTEES

A. Party Committees. The following standing committees shall be established:1. Budget Committee, to propose a Party budget and monitor financial matters.The Party Chair shall appoint members with the advice and consent of the StateCentral Committee. A majority of the members shall be State Central Committeemembers.2. Convention Committee, to raise funds for the Party Convention, to plan and

oversee the annual convention. The Party Chair shall appoint members with theadvice and consent of the State Central Committee. A majority of the membersshall be State Central Committee members.3. Constitution/Bylaws Committee, to propose changes to the Party Constitutionand Bylaws. The State Central Committee shall elect, from among its members,the voting members. State Party Officers may not serve on theConstitution/Bylaws Committees.4. Audit Committee, to appoint the Auditor and oversee an annual audit of theState Party. The Audit Committee shall issue an annual written report to the StateCentral Committee. The State Central Committee shall elect, from among itsmembers, the voting members. State Party Officers may not serve on the Audit

Committee.5. The State Party Chair may establish other committees. These committees shallbe recommending bodies only.

ARTICLE VIICOUNTY PARTIES

A. Constitution and Bylaws. Each County Party shall, by its central committee or itsconvention, adopt a Constitution and/or Bylaws, which shall govern its procedures,including the selection of those party officers, delegates, and representatives whorepresent only that county or its parts. Any provision of those documents that iscontrary to state law or to a specific provision of this Constitution is null and void.

1. Each County Party shall file a current copy of its Constitution, Bylaws, and anyspecial or standing rules of continuing application by February 1, 2004.2. Each County Party shall file revised copies of its Constitution, Bylaws, and anyspecial or standing rules of continuing application within 30 days of theiradoption or amendment.



32/52

3. The governing documents of a County Party applicable to the choosing of statedelegates shall be those on file with the State Party 30 days prior to the votingprecinct caucuses.

B. County Party Officers. Each county organizing convention held during odd-

numbered years shall elect a County Chair, Vice-Chair, Secretary, and/or Treasurer.

C. County Central Committee. Each County shall have a County Central Committee,which shall be its governing body.

D. Function of County Parties. The County Parties and the State Party shallcooperate to elect Republicans and promote the State Party platform.

ARTICLE VIIIBUDGET

A. State Party Budget. The Budget Committee shall submit, and the State CentralCommittee shall consider for approval, the budget for the next fiscal year at the lastState Central Committee meeting of the current fiscal year.

B. Fiscal Year. The fiscal year for the State Party shall run from 1 July through the nextJune 30.

ARTICLE IXNATIONAL COMMITTEEMAN AND COMMITTEEWOMAN

A. National Committeeman and National Committeewoman. The National

Committeeman and National Committeewoman shall represent the State Party on theRepublican National Committee. The National Committeeman and NationalCommitteewoman shall perform all other duties prescribed in the Republican NationalCommittee and Utah Party Bylaws for the National Committeeman and NationalCommitteewoman.

B. Election of National Committeeman and National Committeewoman.Delegates to the State Party Nominating Convention during the presidential electionyears shall elect the National Committeeman and National Committeewoman.

C. Term of Office. The National Committeeman and National Committeewoman shall

serve for four years.

D. In addition to the duties described in Article IX, Section A., the duties of the NationalCommitteeman and the National Committeewoman shall be to assist the Party Chairand Vice Chair in raising funds for the Utah Republican Party and to report theirfundraising activities quarterly to the State Central Committee.

ARTICLE X



33/52

MODIFICATION

A. Ratification. The Constitution shall be binding when approved by a majority vote ofthe delegates present at a State Party Convention.

B.Amendments. The Constitution may be amended by a 2/3 vote of the members at aState Central Committee meeting if subsequently ratified by a majority vote of theDelegates present at the State Convention. This Constitution may also be amended by2/3 vote of Delegates present at the State Convention.

C. Severability. If any portion of this Constitution is ever declared void, all otherportions shall remain binding and effective.

ARTICLE XI

Reserved for future use.

ARTICLE XIICAUCUS AND CONVENTION PROCEDURES

Section 1. Precinct Caucuses

A. Precinct Caucuses shall be held in each even-numbered year. The State CentralCommittee shall designate the date thereof at least eight weeks prior to the caucuses.The County Party shall designate the locations. The County Party shall designate, basedupon the relative Republican strength of each precinct, the number of delegates to beelected in each individual caucus meeting. Relative Republican strength shall becalculated by aggregating the total combined county Republican votes cast at theprevious election for governor/lieutenant governor, attorney general, state auditor, andstate treasurer, excluding the vote for any candidate who had no opposition. Eachprecincts portion of the aggregate vote shall be calculated on a strict percentage basis,without rounding. The County Party shall give notice of each individual caucus meetingby notifying the local news media and requiring three notices to be posted in theprecinct. Each individual caucus shall be open to any Utah citizen who resides in theprecinct, who will be at least 18 by the time of that years general election. The StateParty, through its Bylaws, may restrict participation and voting in the precinctcaucuses based on party affiliation. The caucus shall convene at 7:00 p.m.

B. The voting precinct caucus shall elect: (1) voting precinct officers; and (2) the numberof delegates to the county convention and state convention that the voting precinct hasqualified to elect. Alternate delegates may also be elected if allowed by the respectivecountys bylaws governing documents. In the event that three or more candidates arenominated for the same precinct office or the same delegate position, the caucus mayuse multiple ballots or preference voting to choose precinct officers or delegates.



34/52

C. No subsequent election or ratification shall be required by county conventions forstate delegates elected at the precinct caucuses or at a caucus of delegates at the countyconvention.

D. If any precinct fails to elect sufficient delegates to the county convention or state

convention, the County Central Committee may designate delegates to the countyconvention from qualified members residing in the precinct, and the state delegatepositions may be filled from qualified members by the county convention. These statedelegates shall reside in the same congressional, Utah House, and Utah Senate districtsas the precinct.

E.1. Pursuant to the requirements of Utah State Election Law, the following listingsshall be made available to the public by the state party and each county partywithin the time frames specified:

a. all officers of that party, within 7 days of their election or replacement;b. all persons holding membership on any governing bodies of that party,within 14 days of their selection or replacement;c. any other persons holding elected or appointed positions within thatparty, within 14 days of their election or appointment;d. all persons who have filed as Republicans for partisan public electiveoffice, whose jurisdiction would include or be contained in that partysboundaries, within 7 days of the filing deadline;e. all persons who have been nominated as Republican candidates forpublic office by that party, within 7 days of their nomination orreplacement.

2. All such listings shall include, at a minimum, the name, address, and phonenumber, where available, of each person listed.

3. The state party shall make available to the public, within 14 days of thecaucuses, a complete statewide listing of all Republican state delegates. Eachcounty party shall make available to the public, within 14 days of the caucuses, acomplete countywide listing of the Republican state and county delegatesresiding in that county. Changes in delegate status shall be reflected in thelistings within 14 days of their occurrence.4. All delegate listings shall include, at a minimum, the name, precinct, UtahHouse district, Utah Senate district, Congressional district, address, phonenumber, and basis of eligibility of each delegate (e.g., election in the precinctcaucus, election after the caucuses to fill an unfilled seat, or appointment to fill avacancy occurring after the caucuses).

5. The state party and/or county parties may charge up to, but not more than, thedirect cost of the medium by which a listing is made available to the person(s) sorequesting, provided that any listing made available by electronic mail or on theInternet shall be made available at no charge.

F. If a delegate dies, resigns, or is disqualified prior to a county or state nominating ororganizing convention, the County Party precinct chair shall appoint a replacement fromthe precinct of the deceased, resigned, or disqualified delegate. If precinct elected



35/52

alternate delegates per Section 1.B. are available, the precinct chair shall appoint thealternate delegate.

Section 2. State and County Nominating Conventions

A. The Party shall nominate candidates for partisan offices by a nominating conventionand primary elections.

B. The number of delegates to the state convention shall be set by the State CentralCommittee.

C. Delegates shall be apportioned based upon relative Republican strength of eachcounty. Relative Republican strength shall be calculated by aggregating the totalcombined Republican votes cast at the previous election for governor/lieutenantgovernor, attorney general, state auditor, and state treasurer, excluding the vote for anycandidate who had no opposition. Each county's portion of the aggregate vote shall nextbe calculated on a strict percentage basis, without rounding. Each county whoseallocation of delegates is smaller than the number of precincts in the county shall haveits allocation of delegates increased to equal the number of precincts.

D. At the time and place set for the state and county nominating conventions, the nameof each person who has filed a declaration of candidacy may be placed in nomination forthe office for which the declaration was filed.

E. When the number of candidates filing declarations of candidacy is no greater than thenumber of nominees required for the next general election, those candidates shall bedeclared to be the Partys nominees for those offices and shall not be required to run ateither the nominating convention or the primary election.

F. Following the nominating and acceptance speeches made on behalf of the candidatesfor office, the delegates shall vote. The county and state convention shall provide timeand voting facilities so that all delegates may vote.

G. Each delegate shall cast one vote for each office to be filled.

H. In the event that three or more candidates are nominated for the same office, theconvention may use multiple ballots or preference voting to choose Party nominees. TheState Party Central Committee shall certify the method of election for the StateConvention at least 6 months prior to the convention. In the case of multiple ballots,

more than one candidate may be eliminated in each round, provided that the sum of thevotes received by the candidates to be eliminated does not exceed the number of votesreceived by the next highest candidate, and that at least two candidates remain on theballot. The two top candidates shall participate in the final ballot.

I. A candidate for an office that receives 60% or more of the votes cast at any point in theballoting process at the state nominating conventions shall become the Partys candidatewithout the necessity of running in the primary election, except in multi-county



36/52

legislative district races where the percentage used shall be that of whichever county inthe respective multi-county district requires the lowest percentage for its own races.

J. By 5:00 p.m. on the Monday after the convention, the secretary of each nominatingconvention shall immediately certify to the county clerk or the lieutenant governor, as

appropriate, the names of the Partys nominees.

K. Counties shall submit a current, updated, and final list of state delegates to the StateParty no later than 5:00 p.m., five days before the state nominating convention.

Section 3. State Nominating Convention

A. At least two days prior to the primary candidate certification deadline specified in theUtah State Code, delegates to the state nominating convention shall convene at a timeand place designated by the State Central Committee in a state nominating conventionto nominate candidates for partisan elective office and adopt a State Party platform.

B. In each presidential election year, the state nominating convention shall also choosepresidential electors and the delegates and alternates to the national Party convention.

C. The gubernatorial candidates nominated by the state nominating convention shallnominate a candidate for lieutenant governor who meets the eligibility requirements ofthe statutes and constitution. If the convention fails to affirmatively ratify the nomineefor lieutenant governor, the gubernatorial nominee shall nominate other candidatesuntil the convention affirmatively ratifies a nominee.

D. The governor and lieutenant governor candidates nominated by the state nominatingconvention shall run as a joint ticket in the primary and general elections.

Section 4. Nomination of Legislative Candidates

A. When the boundaries of either the Utah House or Utah Senate districts are identicalor completely within the boundaries of a single county, the candidates shall be chosen atthe county nominating convention by the county delegates from within the legislativedistrict. If a house or senate legislative district encompasses more than one county, thecandidates shall be chosen at the state nominating convention by the state delegatesfrom within the legislative district.

Section 5. Primary Election

A. When two candidates are nominated by the state nominating convention for the sameoffice, both candidates shall run in a primary election in accordance with Utah Code.

B. Only voters who are registered Republicans may vote in a Republican primaryelection.

Section 6. County Organizing Conventions



37/52

A. On or before August 15th in each odd-numbered year, a county organizing conventionshall be held in each county in the state.

B. Each County Party shall mail a notice regarding the county organizing convention to

every properly qualified county delegate.

C. At the time and place designated by the County Central Committee, the countyorganizing convention shall be held to elect a county chair, vice-chair, a secretary and/ortreasurer and county representatives to the State Central Committee.

D. The method of choosing county representatives to the State Central Committee shallbe determined by the County Central Committee.

E. The total number of county representatives to the State Central Committee shall beset by the State Central Committee. County representatives shall be apportioned amongcounties using the method of Article XII, Section 2B.

F. County representatives to the State Central Committee shall be seated after the stateorganizing convention and shall serve for two years.

Section 7. State Organizing Convention

A. On or before September 1st of each odd-numbered year a state organizing conventionshall be held at a time and place designated by the State Central Committee.

B. Counties shall submit a current, updated and final list of state delegates to the StateParty no later than 12:ooa.m., eight days before the state organizing convention.

C. The State Party shall mail a notice regarding the state organizing convention to everyproperly qualified state delegate.

D. The state organizing convention shall be held to elect a State Party Chair, a StateParty Vice-Chair, a State Party Secretary, and a State Party Treasurer.

E. In the event that three or more candidates are nominated for the same single seatoffice, the convention may use multiple ballots or preference voting to choose officers.The State Party Central Committee shall certify the method of election at least 6 monthsprior to the convention.

Section 8. Candidate Vacancies

A. In the event that a Party candidate who is involved in a contested primary resigns,dies or becomes incapacitated before the primary election the remaining candidate shallbe designated as the Party nominee.



38/52

B. In the event that a Party candidate resigns, dies or becomes incapacitated afternomination at the state convention or at the primary election, the candidate shall bereplaced by the following method:

1. A candidate for county or legislative office totally contained within a countyshall be replaced by the respective County Central Committee.

2. A candidate for legislative office that encompasses more than one county shallbe replaced by the state delegates elected from within the respective legislativedistrict at a special legislative caucus.3. A candidate for any statewide, U.S. Senate or U.S. Representative office shallbe replaced by the State Central Committee.

Section 9. Interpretative Principles

A. In the case of ambiguity, Article XII shall be interpreted to be consistent with theprovision of the Utah Code as of January 1, 1994.

ARTICLE XIIIROBERTS RULES OF ORDER

The rules contained in the current edition of Roberts Rules of Order shall govern allmeetings of the Party unless contrary to the Party Constitution and Bylaws and anyspecial rules of order the Party may adopt.

As amended June 9, 2007 by the Utah Republican Party State Convention.

As amended June 18, 2011 by the Utah Republican Party State Convention.

As amended May 18, 2013 by the Utah Republican Party State Convention.

Michelle Mumford State Party Secretary



39/52

EXHIBIT 2



40/52

Utah Republican Party Bylaws2013 Official Version1.0 GENERAL COMMITTEE ORGANIZATION

A. Binding Business. No elected or appointed committee described in Article VI of the Party Constitutionshall conduct binding business unless a quorum is present. A quorum is a majority of the members of the

committee. If a quorum is present, then additional committee members may participate by teleconferenceor videoconference, according to procedures established by that committee.

B. Removal. Members of elected or appointed committees described in Article VI of the Party Constitutionmay be removed by a 60% vote of a quorum of the State Central Committee.

C. The State Party Executive Director and the State Party General Counsel shall be ex-officio, nonvotingmembers of all party committees, except the Audit Committee.

1.1 ELECTED COMMITTEEA. Letter of Intent. Candidates who wish to run for a position on an elected committee must submit aletter of intent to the State Party. The letter of intent must be received at the State Party headquarters atleast 48 hours prior to the election.B. Term. Members of elected committees described in Article VI of the Party Constitution are elected for atwo-year term. The election shall take place at the first Central Committee meeting following the stateorganizing convention.

C. Chair. The individuals who receive the greatest number of votes in each committee election shall beresponsible for organizing the first committee meeting, at which time the committee shall elect a chairfrom among the committee members.

D. Absenteeism.Any member of an elected committee who has two unexcused absences from meetings ofthe elected committees during their current term, shall be automatically removed and the seat declared

vacant. An absence from an elected committee meeting is excused if written or verbal notice is given to theelected committee chair within five (5) days of the elected committee meeting.

E. Vacancies.Vacancies on elected committees shall be filled by an election at the first State CentralCommittee Meeting following the vacancy, provided it occurs before notice is given of that State CentralCommittee Meeting. A person elected to fill a vacancy shall only complete the remainder of the term ofthat person he/she is replacing.

1.2 APPOINTED COMMITTEESA. Chair. The State Party Chair shall select a chair for each appointed committee described in Article VI ofthe Party Constitution.B. Vacancies.Vacancies on appointed committees shall be filled by appointment of the State Party Chair,subject to ratification by the State Central Committee. C. Removal. Members of appointed committees serve at the discretion of the State Party Chair.

1.3 CONSTITUTION AND BYLAWS COMMITTEEA. Number of Members. The Constitution and Bylaws Committee shall have seven (7) members. The Chairof the Constitution and Bylaws Committee shall be a member of the State Executive Committee.B. Purpose. The Constitution and Bylaws Committee is the guardian of the Party Constitution and Bylaws.C. Changes. The Constitution and Bylaws Committee is responsible for reviewing the Party Constitutionand Bylaws and making recommendations to the State Central Committee for changes as the need arises.

1.4 AUDIT COMMITTEEA. Number of Members. The Audit Committee shall have five (5) members. The Chair of the AuditCommittee shall be a member of the State Executive Committee.

B. Purpose. The Audit Committee shall select a qualified CPA firm to audit the Partys financial records forthe past fiscal year. The Audit Committee shall oversee the audit and present the audit report to theExecutive Committee for review and its recommendations for approval or disapproval of the audit report

before submitting the audit report to the State Central Committee for approval.C. Exclusion. No State Party Officer or State Party employee may be a member of the Audit Committee.

1.5 BUDGET COMMITTEEA. Number of Members. The Budget Committee shall have six (6) members. One member shall be theState Party Treasurer and one member shall be an Audit Committee member selected by the AuditCommittee.



41/52

B. Preparation of Budget. Prior to the last State Central Committee meeting of the fiscal year, the StateParty Officers shall prepare a proposed budget for the next fiscal year. The Budget Committee shall reviewthis proposed budget and make any recommendations for change.

C. Review by Executive Committee. The proposed budget shall be submitted to the State ExecutiveCommittee for review and recommendations, for approval or disapproval of the proposed budget, beforesubmitting the proposed budget to the State Central Committee.

D. Approval by the State Central Committee. The Budget Committee shall submit the proposed budget tothe State Central Committee for approval at the last State Central Committee Meeting of the fiscal year.

E. No Approved Budget. In the event the Party must operate without an approved budget, the State PartyOfficers are authorized to raise funds and incur the minimal expenses deemed necessary by the StateParty Officers to keep the Party operating. Such expenses include, but are not limited to rent, utilities,payroll, and postage.F. Retained Deficit. In the event that the monthly financial statements of the Party, prepared inaccordance with generally accepted accounting principles, reflect a retained deficit, the State PartyOfficers shall revise the budget with the help and approval of the Budget Committee. The revised budgetshall take into account any actions necessary, such as fund raising and reductions in expenses, toeliminate the retained deficit within a reasonable period not to exceed six months.

2.0 STATE CENTRAL COMMITTEEA. Meeting Dates. During the month following the state organizing or nominating convention, the StateParty Officers shall determine the dates for the next four (4) regularly scheduled State Central Committee

Meetings and shall notify all State Central Committee members of these dates by mail. At each StateCentral Committee Meeting the dates for the next four meetings shall be announced and notice of thesemeetings shall be sent with the notice of the Central Committee Meeting.B. Quorum. In order to conduct binding business, the State Central Committee must have a quorum inattendance, defined as 40 voting members.C. Agenda. Following the Welcome, Prayer, and Pledge of Allegiance, the Agenda of all State CentralCommittee meetings shall begin with the binding business if a quorum is present. Delegation, committees,and auxiliary reports shall follow binding business. Any binding business requiring written material; e.g.minutes, budgets, resolutions, etc, shall be included in the written notice of the meeting. Names andphone numbers of individuals submitting resolutions and or amendments must be included. Any StateCentral Committee member may submit agenda items if submitted in written form and received at theParty Headquarters one week prior to the official meeting notice being sent to members.D. Disclosure and Accountability. Upon the request of 25% or more members present, a vote on a

question by the State Central Committee shall be by a method (roll call, electronic, or comparable means)that records the vote of individual State Central Committee members. All recorded voting results, statingexactly the question voted on, shall be publicly and permanently disclosed on the Partys website within 14days of the vote as a record of official Party business.

3.0 STATE EXECUTIVE COMMITTEEA. Purpose. The State Executive Committee is an advisory committee to the State Central Committee andthe State Party Officers. Any Party Committee or State Party Officer may submit a proposal to the StateExecutive Committee for review and its recommendation for approval or disapproval of the proposal priorto submitting such proposal to the State Central Committee. B. Auxiliaries. The State Executive Committee shall ensure that groups petitioning for official auxiliarystatus meet the following minimum criteria:1. Have submitted a copy of the groups bylaws to the State Executive Committee for review and;2. The groups stated purpose and bylaws comply with and assist in the Partys purpose of electing

Republicans to office and;

3. The group provides a list of at least 25 active members and their contact information to the StateExecutive Committee and;4. All voting members of the group are registered Republicans.

C. To remain a Party Auxiliary, an Auxiliary shall re-petition prior to the 1st State Central Committeemeeting following each State organizing Convention by providing documents meeting criteria establishedin Section 3B.

D. The State Executive Committee shall also assist and mentor auxiliaries to remain productive in



42/52

helping the State Party achieve its goals. If the State Executive Committee determines that an auxiliary nolonger meets any of the above criteria, it may recommend rescinding the auxiliary status of that group tothe State Central Committee.

E. If a quorum is present, then additional committee members may participate by teleconference orvideoconference, according to procedures established by that committee.

4.0 PARTY OPERATIONS

A. Operations Manual. The State Party Officers shall have a written manual that contains office,administrative, and financial procedures. This manual shall be available to members of the State CentralCommittee during regular business hours at the State Party headquarters.B. Review. The Operations Manual shall be reviewed by the State Executive Committee in the same yearafter each organizing convention.C. Interim Policy. The State Party Officers may adopt new policies and procedures that will be subject toratification at the next State Central Committee Meeting.D. Changes. The State Party Officers shall propose any changes to the Operations Manual for review bythe State Executive Committee and approval by the State Central Committee.E. The State Party Chair shall serve as liaison with the Lieutenant Governor of the State of Utah on allmatters relating to the Partys relationship with the State. F. The Utah Republican Party will not certify, recognize, assist, or support a candidate for an electiveoffice who has filed in the same election as a candidate for more than one political party for said office.

5.0 Reserved for future use.6.0 NOTIFICATION

A. Form and Date Given.Whenever the Constitution of the Utah Republican Party or these Bylaws requirenotice to be given, such notice must be in writing. The written notice may be hand delivered, mailed, orsent by facsimile. Unless otherwise specified, notice shall be deemed to have been given (i) if handdelivered, on the date the notice is actually delivered, (ii) if mailed, first class, postage prepaid, on the datethe notice is postmarked, and (iii) if sent by facsimile, on the date the facsimile transmission is completed.B. Time for Filing.Whenever the Constitution of the Utah Republican Party, these Bylaws, or adoptedrules require a filing or submission to the Utah Republican Party, such filing must be in writing. The

written filing may be hand delivered, delivered via mail or courier, or sent by facsimile or email. Unlessotherwise specified, the filing or submission shall be considered timely (i) if hand delivered, before 5:00p.m. on or before the established deadline, (ii) if delivered via mail or courier, before 5:00 p.m. on or

before the established deadline, and (iii) if sent by facsimile or email, the transmission is completed by5:00 p.m. on or before the established deadline. The burden of confirmation lies with the individual filing

or submitting.

C. Computation of Time. In computing any period of time prescribed or allowed by the Constitution of theUtah Republican Party or these Bylaws, the day of the act or event from which the designated period oftime begins to run shall not be included. The last day of the period so computed shall be included, unlessit is a Saturday, a Sunday, or a legal holiday, in which event the period runs until the end of the next day

which is not one of the aforementioned days. When the period of time prescribed or allowed is less thaneight (8) days, intermediate Saturdays, Sundays, and legal holidays shall be excluded in the computation. D. Legal Holidays. For purposes of the Constitution of the Utah Republican Party and these Byla

utah republican party preliminary motion exhibit c (evans declaration)

Documents