Utah Republican Party Preliminary Motion Exhibit C (Evans Declaration)

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 1 of 52
EXHIBIT C
Marcus R. Mumford (12737)

MUMFORD PC
405 South Main Street, Suite 975
Salt Lake City, Utah 84111
Telephone: (801) 428-2000
Email: mrm@mumfordpc.com
Attorney for Plaintiff Utah Republican Party
IN THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF UTAH, CENTRAL DIVISION
UTAH REPUBLICAN PARTY,
DECLARATION OF JAMES
EVANS
Plaintiff,
v.
Case No. 2:14-cv-00876-DN
GARY R. HERBERT, in his Official

Capacity as Governor of Utah, and
SPENCER J. COX, in his Official Capacity
as Lieutenant Governor of Utah,
Judge David Nuffer
Defendants.
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.
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 are defined 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-9202(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
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 election ballots, which
was provided most recently on or about August 26, 2014, with the logo and emblem appearing
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
the federal, state, and county levels that allows active participation by party
members, but otherwise left matters to the Party. Utah Code Ann. 20A-8401(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 Partys political 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
& .2.A-.J. The Partys constitution tightly controls the process 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 Party will be considered by the convention. Ex.
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.
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
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 the Partys 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
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
10
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
11
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 members in 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.
1
See, e.g., Count My Vote, Why Change Utahs Election System?, available at
http://www.countmyvoteutah.org/facts (as accessed October 16, 2014).
12
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 Partys rights 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
13
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 allows active participation by party members,4 and 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
2
Id.
Id. 20A-9-701(1)-(2), as amended.
4
Id. 20A-8-106, 20A-8-401(2)(c).
5
Id. 20A-6-301(2)(a).
3
14
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 have its 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
Id. 20A-6-301(1)(d)-(g), -301(2)(a), -302(1)(a), -303(1)(g), & -304(1)(g), as amended.

See id. 20A-8-106, 20A-8-401(2)(c) & 20A-9-403(1)(b).
8
Id. 20A-9-403(1)(a)-(c) & -403(2)(a), as amended.
7
15
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,10 requiring 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 candidates11 and 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
See id. 20A-8-106, -8-401(2)(c), -9-401(2), & -9-403(1)(b).

Id. 20A-9-403(1)(a)-(c) & -403(2)(a), as amended.
11
See, e.g., Bylaws 7.0.A (mandating a letter of intent to be received by the Party at least 30
days before convention).
12
Party Const. Art. XII.1.A-.B, Art. XII.2.A-.J & Bylaws 9.0.A.3, 9.0.B.
10
16
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;16 and
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.
SB54 burdens 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.
13
Bylaws 7.5.I.1 & 8.0.A.

Id. 8.0.A.
15
Id. 8.0.B.
16
Party Const. Art. XII.2.F.
17
Id. Art. XII.2.H-.J & Art. XII.5.A-B; Utah Code Ann. 20A-9-403(5)(a).
14
17
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 as a 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
18
See 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.
19
Utah Code Ann. 20A-9-403(1)(a)-(c), -403(2)(a) & -403(5)(a), as amended.
18
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.
SB54 burdens 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
20
See 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.
21
Utah Code Ann. 20A-9-403(3)(a) & -403(5)(a), as amended.
22
See 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.
19
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.
SB54 burdens 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.

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

Id.
20
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
21
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
22
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 delegates to 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
23
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.
24
EXHIBIT 1
Utah Republican Party Constitution

2013 Official Version
PREAMBLE
We, as members of the Utah Republican Party, grateful to Almighty God for life and
liberty, desiring to perpetuate principles of free government and the blessings of liberty
to our posterity, do establish and adopt this Constitution. This Constitution, the Party
Bylaws, and Roberts Rules of Order Current Edition are the exclusive governing rules of
the Utah Republican Party.
ARTICLE I
NAME, PURPOSE AND MEMBERSHIP
A. Name. The name of this organization shall be the Utah Republican Party, also
referred to as the State Party or the Party.
B. General Purposes. The Party shall 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.
C. Membership. Party membership is open to any resident of the State of Utah who
registers to vote as a Republican.
ARTICLE II
BYLAWS
A. Bylaws. The State Central Committee may adopt Bylaws to govern subjects not
covered by the Constitution. Such enactments shall not be inconsistent with this
Constitution.
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 when
adopted 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 adopt
or modify a Bylaw by a 2/3 vote.
ARTICLE III
OFFICERS
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 Central
Committee, and as Chair of the State Executive Committee. The Chair may
appoint, subject to the approval of the State Central Committee, Party personnel
and the General Counsel. The State Party Chair shall serve as liaison with the
Lieutenant Governor of the State of Utah on all matters relating to state election
laws. The term of office shall be two years.
2. Vice-Chair. The State Party Vice-Chair shall serve, as Vice-Chair of the State
Central Committee, and as Vice-Chair of the State Executive Committee. The
Vice-Chair shall assist the Chair in his or her duties and perform the Chairs
duties in the Chairs absence. The term of office shall be two years.
3. Secretary. The State Party Secretary shall serve as Secretary of the State
Central Committee, as Secretary of the State Executive Committee, and as
Secretary of the State Convention. The Secretary shall provide required notice,
minutes and attendance records of the State Central Committee, State Executive
Committee, and the State Convention. The term of office shall be two years.
4. Treasurer. The State Party Treasurer shall serve as Treasurer of the State
Party, as Treasurer of the State Central Committee, as Treasurer of the State
Executive Committee, and as a member of the Budget and Finance Committee.
The Treasurer shall keep and maintain financial records. The term of office shall
be two years.
C. Election of Officers.
1. Delegates to the State Party organizing convention held on odd-number years
shall 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 the
vacancy by the State Central Committee.
2. Removal. Any officer may be removed by a 60% vote of all the voting
members of the State Central Committee.
ARTICLE IV
STATE CENTRAL COMMITTEE
A. Powers. The State Central Committee shall be the governing and policy-making
body of the Party.
B. Membership. The voting members of the State Central Committee shall consist of
the State Party Chair, State Party Vice-Chair, State Party Secretary, State Party
Treasurer, National Committeeman, National Committeewoman, Chair and Vice-Chair

of each County Republican Party, County Representatives elected at the county
organizing conventions, and Presidents or Chairs of any organization designated as a
Party Auxiliary by the State Central Committee. The following elected officials, if
Republicans, 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 voting
representative to attend State Central Committee meetings and vote when the elected
official is unable to attend. The Lieutenant Governor may attend State Central
Committee meetings and vote when the Governor is absent.
C. Meetings. The State Central Committee shall meet at least quarterly. The Chair or
25% of all the voting members of the State Central Committee may call a special State
Central Committee meeting.
D. Quorum. In order to conduct binding business, the State Central Committee must
have a quorum in attendance, defined as 40 voting members.
E. Notice of Meetings. A regular, quarterly State Central Committee meeting shall be
noticed by postmarking an agenda at least two weeks before the intended meeting. A
special State Central Committee meeting shall be noticed by postmarking an agenda at
least one week before the intended meeting. No business may be considered at a State
Central Committee meeting unless properly noticed by inclusion in the agenda except if
a majority of the members in attendance vote to add an item to the agenda.
ARTICLE V
STATE EXECUTIVE COMMITTEE
A. Powers. The State Executive Committee shall be a standing committee of the State
Central Committee.
B. Membership. The voting members of the State Executive Committee shall consist
of the State Party Chair, State Party Vice-Chair, State Party Secretary, State Party
Treasurer, Chair of the Constitution and Bylaws Committee, Chair of the Audit
Committee, National Committeeman, National Committeewoman, and two
Congressional District Representatives from each congressional district who are elected
from the Central Committee members in each congressional district, and the Presidents
or Chairs of any organization designated as Party Auxiliary by the State Central
Committee. The Congressional District Representatives shall be elected for two year
terms at the first State Central Committee meeting after the state organizing convention
to serve on the State Executive Committee. The following elected officials, if
Republicans, 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 Utah
House and Utah Senate. Republican U.S. Senators and U.S. Representatives may
designate a voting representative to attend State Executive Committee meetings and
vote when the elected official is unable to attend. The Lieutenant Governor may attend
State Executive Committee meetings and vote when the Governor is absent.
C. Quorum. In order to conduct binding business, the State Executive Committee must
have a quorum in attendance, defined as a majority of voting members of the State
Executive Committee.
ARTICLE VI
PARTY 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 State
Central Committee. A majority of the members shall be State Central Committee
members.
2. Convention Committee, to raise funds for the Party Convention, to plan and
oversee the annual convention. The Party Chair shall appoint members with the
advice and consent of the State Central Committee. A majority of the members
shall be State Central Committee members.
3. Constitution/Bylaws Committee, to propose changes to the Party Constitution
and Bylaws. The State Central Committee shall elect, from among its members,
the voting members. State Party Officers may not serve on the
Constitution/Bylaws Committees.
4. Audit Committee, to appoint the Auditor and oversee an annual audit of the
State Party. The Audit Committee shall issue an annual written report to the State
Central Committee. The State Central Committee shall elect, from among its
members, the voting members. State Party Officers may not serve on the Audit
Committee.
5. The State Party Chair may establish other committees. These committees shall
be recommending bodies only.
ARTICLE VII
COUNTY PARTIES
A. Constitution and Bylaws. Each County Party shall, by its central committee or its
convention, adopt a Constitution and/or Bylaws, which shall govern its procedures,
including the selection of those party officers, delegates, and representatives who
represent only that county or its parts. Any provision of those documents that is
contrary 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 any
special or standing rules of continuing application by February 1, 2004.
2. Each County Party shall file revised copies of its Constitution, Bylaws, and any
special or standing rules of continuing application within 30 days of their
adoption or amendment.
3. The governing documents of a County Party applicable to the choosing of state

delegates shall be those on file with the State Party 30 days prior to the voting
precinct caucuses.
B. County Party Officers. Each county organizing convention held during oddnumbered 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 shall
cooperate to elect Republicans and promote the State Party platform.
ARTICLE VIII
BUDGET
A. State Party Budget. The Budget Committee shall submit, and the State Central
Committee shall consider for approval, the budget for the next fiscal year at the last
State 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 next
June 30.
ARTICLE IX
NATIONAL COMMITTEEMAN AND COMMITTEEWOMAN
A. National Committeeman and National Committeewoman. The National
Committeeman and National Committeewoman shall represent the State Party on the
Republican National Committee. The National Committeeman and National
Committeewoman shall perform all other duties prescribed in the Republican National
Committee and Utah Party Bylaws for the National Committeeman and National
Committeewoman.
B. Election of National Committeeman and National Committeewoman.
Delegates to the State Party Nominating Convention during the presidential election
years 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 National
Committeeman and the National Committeewoman shall be to assist the Party Chair
and Vice Chair in raising funds for the Utah Republican Party and to report their
fundraising activities quarterly to the State Central Committee.
ARTICLE X
MODIFICATION
A. Ratification. The Constitution shall be binding when approved by a majority vote of
the delegates present at a State Party Convention.
B. Amendments. The 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. This Constitution may also be amended by
2/3 vote of Delegates present at the State Convention.
C. Severability. If any portion of this Constitution is ever declared void, all other
portions shall remain binding and effective.
ARTICLE XI
Reserved for future use.
ARTICLE XII
CAUCUS AND CONVENTION PROCEDURES
Section 1. Precinct Caucuses
A. Precinct Caucuses shall be held in each even-numbered year. The State Central
Committee 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, based
upon the relative Republican strength of each precinct, the number of delegates to be
elected in each individual caucus meeting. Relative Republican strength shall be
calculated by aggregating the total combined county Republican votes cast at the
previous election for governor/lieutenant governor, attorney general, state auditor, and
state treasurer, excluding the vote for any candidate who had no opposition. Each
precincts 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 meeting
by notifying the local news media and requiring three notices to be posted in the
precinct. Each individual caucus shall be open to any Utah citizen who resides in the
precinct, who will be at least 18 by the time of that years general election. The State
Party, through its Bylaws, may restrict participation and voting in the precinct
caucuses 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 number
of delegates to the county convention and state convention that the voting precinct has
qualified to elect. Alternate delegates may also be elected if allowed by the respective
countys bylaws governing documents. In the event that three or more candidates are
nominated for the same precinct office or the same delegate position, the caucus may
use multiple ballots or preference voting to choose precinct officers or delegates.
C. No subsequent election or ratification shall be required by county conventions for

state delegates elected at the precinct caucuses or at a caucus of delegates at the county
convention.
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 county
convention from qualified members residing in the precinct, and the state delegate
positions may be filled from qualified members by the county convention. These state
delegates shall reside in the same congressional, Utah House, and Utah Senate districts
as the precinct.
E.
1. Pursuant to the requirements of Utah State Election Law, the following listings
shall be made available to the public by the state party and each county party
within 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 that
party, within 14 days of their election or appointment;
d. all persons who have filed as Republicans for partisan public elective
office, whose jurisdiction would include or be contained in that partys
boundaries, within 7 days of the filing deadline;
e. all persons who have been nominated as Republican candidates for
public office by that party, within 7 days of their nomination or
replacement.
2. All such listings shall include, at a minimum, the name, address, and phone
number, where available, of each person listed.
3. The state party shall make available to the public, within 14 days of the
caucuses, a complete statewide listing of all Republican state delegates. Each
county party shall make available to the public, within 14 days of the caucuses, a
complete countywide listing of the Republican state and county delegates
residing in that county. Changes in delegate status shall be reflected in the
listings within 14 days of their occurrence.
4. All delegate listings shall include, at a minimum, the name, precinct, Utah
House district, Utah Senate district, Congressional district, address, phone
number, and basis of eligibility of each delegate (e.g., election in the precinct
caucus, election after the caucuses to fill an unfilled seat, or appointment to fill a
vacancy occurring after the caucuses).
5. The state party and/or county parties may charge up to, but not more than, the
direct cost of the medium by which a listing is made available to the person(s) so
requesting, provided that any listing made available by electronic mail or on the
Internet shall be made available at no charge.
F. If a delegate dies, resigns, or is disqualified prior to a county or state nominating or
organizing convention, the County Party precinct chair shall appoint a replacement from
the precinct of the deceased, resigned, or disqualified delegate. If precinct elected
alternate delegates per Section 1.B. are available, the precinct chair shall appoint the
alternate delegate.
Section 2. State and County Nominating Conventions
A. The Party shall nominate candidates for partisan offices by a nominating convention
and primary elections.
B. The number of delegates to the state convention shall be set by the State Central
Committee.
C. Delegates shall be apportioned based upon relative Republican strength of each
county. Relative Republican strength shall be calculated by aggregating the total
combined Republican votes cast at the previous election for governor/lieutenant
governor, attorney general, state auditor, and state treasurer, excluding the vote for any
candidate who had no opposition. Each county's portion of the aggregate vote shall next
be calculated on a strict percentage basis, without rounding. Each county whose
allocation of delegates is smaller than the number of precincts in the county shall have
its 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 name
of each person who has filed a declaration of candidacy may be placed in nomination for
the office for which the declaration was filed.
E. When the number of candidates filing declarations of candidacy is no greater than the
number of nominees required for the next general election, those candidates shall be
declared to be the Partys nominees for those offices and shall not be required to run at
either the nominating convention or the primary election.
F. Following the nominating and acceptance speeches made on behalf of the candidates
for office, the delegates shall vote. The county and state convention shall provide time
and 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, the
convention may use multiple ballots or preference voting to choose Party nominees. The
State Party Central Committee shall certify the method of election for the State
Convention 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 the
votes received by the candidates to be eliminated does not exceed the number of votes
received by the next highest candidate, and that at least two candidates remain on the
ballot. 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 the
balloting process at the state nominating conventions shall become the Partys candidate
without the necessity of running in the primary election, except in multi-county
legislative district races where the percentage used shall be that of whichever county in
the 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 nominating
convention 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 State
Party 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 the
Utah State Code, delegates to the state nominating convention shall convene at a time
and place designated by the State Central Committee in a state nominating convention
to nominate candidates for partisan elective office and adopt a State Party platform.
B. In each presidential election year, the state nominating convention shall also choose
presidential electors and the delegates and alternates to the national Party convention.
C. The gubernatorial candidates nominated by the state nominating convention shall
nominate a candidate for lieutenant governor who meets the eligibility requirements of
the statutes and constitution. If the convention fails to affirmatively ratify the nominee
for lieutenant governor, the gubernatorial nominee shall nominate other candidates
until the convention affirmatively ratifies a nominee.
D. The governor and lieutenant governor candidates nominated by the state nominating
convention 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 identical
or completely within the boundaries of a single county, the candidates shall be chosen at
the county nominating convention by the county delegates from within the legislative
district. If a house or senate legislative district encompasses more than one county, the
candidates shall be chosen at the state nominating convention by the state delegates
from within the legislative district.
Section 5. Primary Election
A. When two candidates are nominated by the state nominating convention for the same
office, 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 primary
election.
Section 6. County Organizing Conventions
A. On or before August 15th in each odd-numbered year, a county organizing convention

shall 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 county
organizing convention shall be held to elect a county chair, vice-chair, a secretary and/or
treasurer and county representatives to the State Central Committee.
D. The method of choosing county representatives to the State Central Committee shall
be determined by the County Central Committee.
E. The total number of county representatives to the State Central Committee shall be
set by the State Central Committee. County representatives shall be apportioned among
counties using the method of Article XII, Section 2B.
F. County representatives to the State Central Committee shall be seated after the state
organizing 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 convention
shall 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 State
Party 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 every
properly qualified state delegate.
D. The state organizing convention shall be held to elect a State Party Chair, a State
Party 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 seat
office, 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 months
prior 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 shall
be designated as the Party nominee.
B. In the event that a Party candidate resigns, dies or becomes incapacitated after
nomination at the state convention or at the primary election, the candidate shall be
replaced by the following method:
1. A candidate for county or legislative office totally contained within a county
shall be replaced by the respective County Central Committee.
2. A candidate for legislative office that encompasses more than one county shall
be replaced by the state delegates elected from within the respective legislative
district at a special legislative caucus.
3. A candidate for any statewide, U.S. Senate or U.S. Representative office shall
be 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 the
provision of the Utah Code as of January 1, 1994.
ARTICLE XIII
ROBERTS RULES OF ORDER
The rules contained in the current edition of Roberts Rules of Order shall govern all
meetings of the Party unless contrary to the Party Constitution and Bylaws and any
special 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
EXHIBIT 2
Utah Republican Party Bylaws

2013 Official Version
1.0 GENERAL COMMITTEE ORGANIZATION
A. Binding Business. No elected or appointed committee described in Article VI of the Party Constitution
shall 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 teleconference
or videoconference, according to procedures established by that committee.
B. Removal. Members of elected or appointed committees described in Article VI of the Party Constitution
may 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, nonvoting
members of all party committees, except the Audit Committee.
1.1 ELECTED COMMITTEE
A. Letter of Intent. Candidates who wish to run for a position on an elected committee must submit a
letter of intent to the State Party. The letter of intent must be received at the State Party headquarters at
least 48 hours prior to the election.
B. Term. Members of elected committees described in Article VI of the Party Constitution are elected for a
two-year term. The election shall take place at the first Central Committee meeting following the state
organizing convention.
C. Chair. The individuals who receive the greatest number of votes in each committee election shall be
responsible for organizing the first committee meeting, at which time the committee shall elect a chair
from among the committee members.
D. Absenteeism. Any member of an elected committee who has two unexcused absences from meetings of
the 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 the
elected 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 Central
Committee Meeting following the vacancy, provided it occurs before notice is given of that State Central
Committee Meeting. A person elected to fill a vacancy shall only complete the remainder of the term of
that person he/she is replacing.
1.2 APPOINTED COMMITTEES
A. Chair. The State Party Chair shall select a chair for each appointed committee described in Article VI of
the 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 COMMITTEE
A. Number of Members. The Constitution and Bylaws Committee shall have seven (7) members. The Chair
of 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 Constitution
and Bylaws and making recommendations to the State Central Committee for changes as the need arises.
1.4 AUDIT COMMITTEE
A. Number of Members. The Audit Committee shall have five (5) members. The Chair of the Audit
Committee 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 for
the past fiscal year. The Audit Committee shall oversee the audit and present the audit report to the
Executive 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 COMMITTEE
A. Number of Members. The Budget Committee shall have six (6) members. One member shall be the
State Party Treasurer and one member shall be an Audit Committee member selected by the Audit
Committee.
B. Preparation of Budget. Prior to the last State Central Committee meeting of the fiscal year, the State
Party Officers shall prepare a proposed budget for the next fiscal year. The Budget Committee shall review
this proposed budget and make any recommendations for change.
C. Review by Executive Committee. The proposed budget shall be submitted to the State Executive
Committee for review and recommendations, for approval or disapproval of the proposed budget, before
submitting the proposed budget to the State Central Committee.
D. Approval by the State Central Committee. The Budget Committee shall submit the proposed budget to
the 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 Party
Officers are authorized to raise funds and incur the minimal expenses deemed necessary by the State
Party 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 in
accordance with generally accepted accounting principles, reflect a retained deficit, the State Party
Officers shall revise the budget with the help and approval of the Budget Committee. The revised budget
shall take into account any actions necessary, such as fund raising and reductions in expenses, to
eliminate the retained deficit within a reasonable period not to exceed six months.
2.0 STATE CENTRAL COMMITTEE
A. Meeting Dates. During the month following the state organizing or nominating convention, the State
Party 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 State
Central Committee Meeting the dates for the next four meetings shall be announced and notice of these
meetings 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 in
attendance, defined as 40 voting members.
C. Agenda. Following the Welcome, Prayer, and Pledge of Allegiance, the Agenda of all State Central
Committee 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 and
phone numbers of individuals submitting resolutions and or amendments must be included. Any State
Central Committee member may submit agenda items if submitted in written form and received at the
Party 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, stating
exactly the question voted on, shall be publicly and permanently disclosed on the Partys website within 14
days of the vote as a record of official Party business.
3.0 STATE EXECUTIVE COMMITTEE
A. Purpose. The State Executive Committee is an advisory committee to the State Central Committee and
the State Party Officers. Any Party Committee or State Party Officer may submit a proposal to the State
Executive Committee for review and its recommendation for approval or disapproval of the proposal prior
to submitting such proposal to the State Central Committee.
B. Auxiliaries. The State Executive Committee shall ensure that groups petitioning for official auxiliary
status 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 State
Executive 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 Committee
meeting following each State organizing Convention by providing documents meeting criteria established
in Section 3B.
D. The State Executive Committee shall also assist and mentor auxiliaries to remain productive in
helping the State Party achieve its goals. If the State Executive Committee determines that an auxiliary no
longer meets any of the above criteria, it may recommend rescinding the auxiliary status of that group to
the State Central Committee.
E. If a quorum is present, then additional committee members may participate by teleconference or
videoconference, 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 Central
Committee 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 year
after each organizing convention.
C. Interim Policy. The State Party Officers may adopt new policies and procedures that will be subject to
ratification at the next State Central Committee Meeting.
D. Changes. The State Party Officers shall propose any changes to the Operations Manual for review by
the 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 all
matters relating to the Partys relationship with the State.
F. The Utah Republican Party will not certify, recognize, assist, or support a candidate for an elective
office 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 require
notice to be given, such notice must be in writing. The written notice may be hand delivered, mailed, or
sent by facsimile. Unless otherwise specified, notice shall be deemed to have been given (i) if hand
delivered, on the date the notice is actually delivered, (ii) if mailed, first class, postage prepaid, on the date
the 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 adopted
rules 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. Unless
otherwise specified, the filing or submission shall be considered timely (i) if hand delivered, before 5:00
p.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 by
5:00 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 the
Utah Republican Party or these Bylaws, the day of the act or event from which the designated period of
time begins to run shall not be included. The last day of the period so computed shall be included, unless
it 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 than
eight (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 Bylaws the
following-named days are legal holidays:
1. January 1, called New Years Day;
2. The third Monday of January, observed as the anniversary of the birth of Dr. Martin Luther King, Jr.,
also known as Human Rights Day;
3. The third Monday of February, observed as the anniversary of the birth of George Washington and
Abraham Lincoln, also known as Presidents Day;
4. The last Monday of May, called Memorial Day;
5. July 4, called Independence Day;
6. July 24, called Pioneer Day;
7. The first Monday of September, called Labor Day;
8. The second Monday of October, called Columbus Day;
9. The fourth Thursday of November, called Thanksgiving Day; and
10. December 25, called Christmas.
If any of the foregoing holidays falls on Saturday, then the preceding Friday shall be the holiday.
If any of the foregoing holidays falls on a Sunday, then the following Monday shall be the holiday.
7.0 CONVENTIONS AND ELECTIONS

A. Letter of Intent. Candidates who wish to run for any office elected at the State Party Convention must
submit a letter of intent to the State Party. The letter of intent must be received at the State Party
Headquarters 30 days prior to the State Party Convention.
B. Allocation and Binding of National Delegation. All National Convention delegates and alternates shall be
allocated to the candidate receiving the most votes of the statewide vote in the Republican Presidential
Primary. On the first ballot, the national delegation shall be bound to vote for the candidate who has
received the most votes in the Republican Presidential Primary, but the delegation shall not be bound on
any subsequent ballots. If the candidate requests in writing that the state party not bind its national
delegates or if the candidate is not a candidate at the national convention according to the rules of that
convention, then the national delegates shall not be allocated or bound on the first ballot.
C. Eligibility for the Republican Presidential Primary. Only voters who are registered Republicans may vote
in the Republican Presidential Primary. The Republican Presidential Primary shall be open to registered
Republicans, and unaffiliated voters requesting a Republican ballot who affiliate at the polls as a
Republican.
D. In the event that three or more candidates are nominated for the same single seat office, the
convention may use multiple ballots or preference voting to choose party nominees or multiple ballots or
preference voting to choose party officers.
1. In the case of preference voting, delegates may indicate a 1st, 2nd, 3rd, etc preference of all qualified
candidates.
a. Delegates shall mark a 1st preference for the ballot to be valid.
b. Delegates may list additional preferences not to exceed the number of qualified candidates.
c. Preference votes for no candidate or for a candidate not officially nominated shall invalidate that
preference position only.
d. Ballots containing only preferences for candidates who have been eliminated will not count as an
official ballot for purposes of vote percentage tabulation.
e. On the first ballot, the candidate receiving the fewest 1st preference votes shall be eliminated
1. Ballots cast for the eliminated candidate shall be reviewed for further preference. The highest
preference for a remaining candidate shall be added to that remaining candidates total vote.
2. The candidate with the fewest votes after step D2e1 shall be eliminated.
3. The process will continue until:
a. A candidate for party office at an organizing convention surpasses a 50% total vote and is declared
elected.
b. A candidate for party nomination at a nominating convention has surpassed a 60% total vote and is
declared the nominee or
c. Two candidates for party nomination at a nominating convention have not been eliminated and neither
candidate for that nomination has surpassed 60%. The two remaining candidates are to be referred to a
Primary Election.
7.1 LEGISLATIVE VACANCIES
When a vacancy occurs for any reason in the office of representative or senator in the state
legislature and if the prior officeholder was a Republican, the State Party Chair shall submit to the
lieutenant governor the name of the replacement selected as follows:
A. Multi-County Districts
1. If the district encompasses more than one county, within 30 days of the vacancy, the State Party Chair
shall call a special caucus of the state delegates residing in the legislative district, who shall elect the
replacement to fill the legislative vacancy. The caucus shall be held in one of the counties in the district.
The first candidate to reach a majority shall be declared a winner.
2. Notice of the caucus shall be mailed to the delegates at least 14 days prior to the caucus. A quorum for
the purpose of conducting business shall consist of any number of delegates attending. Candidates must
file in writing at least 7 days prior to the caucus. The caucus shall elect one person to fill the vacancy using
the same voting method as was used at the prior state nominating convention.
3. If the vacancy occurs during a regular session of the legislature, the State Party Chair may declare the
caucus an emergency. In that case, notice of the caucus may be given by notifying at least 3/4 of the
delegates by telephone at least 24 hours prior to the caucus, a quorum shall consist of 1/2 of the total
number of delegates residing in the district, and nominations shall be accepted from the floor.
B. Single-County Districts
1. In legislative districts that are identical to or completely within the boundaries of one county, the
candidate to fill the vacancy shall be determined according to that county party's governing documents. If
those documents do not contain a specific provision for filling the vacancy, the vacancy shall be filled by a
special caucus of county delegates according to the provisions of section A.
7.2 PARTY OFFICER NEUTRALITY
A. State Party officers, National Committee members, and paid staff shall assist and provide,
without discrimination or restriction, equal access to Party information and services within their
responsibility to all Republican candidates.
B. State Party Officers, National Committee members, and paid staff shall not publicly endorse or oppose
any Republican candidate for partisan public office in Utah while the candidate is opposed by another
Republican candidate for the same office. This neutrality requirement shall not apply to the U.S.
presidential race.
C. A State Party Officer, or National Committee member, or paid staff shall not use State Party resources
or their official title as such in any communication to the State Central Committee or to the State
Convention delegates that supports or opposes a platform amendment, a resolution, or an amendment to
the Constitution or Bylaws unless the issue has been approved by the State Central Committee or unless
the State Party Chair is correcting a misrepresentation of facts regarding an issue that has been
communicated to the State Central Committee or State Convention delegates either in writing or verbally.
D. Any Party Officer who has publicly expressed their personal support or opposition to any platform
amendment, resolution, or amendment to the Constitution or Bylaws may not chair the portion of the
State Central Committee meeting or State Convention in which that measure is contested.
E. Failure to comply with the provisions in this section of the Bylaws may result in disciplinary action by
the State Central Committee, provided that prior notice of the action is given. Disciplinary action may
include: private or public reprimand, suspension, or expulsion from office (expulsion in accordance with
the threshold provision in Article III.D.2 of the Constitution). The extreme penalty that may be imposed is
expulsion from office.

7.5 STANDING CONVENTION RULES
A. Purpose
1. This __________ Convention shall nominate Republican Party candidates for (list candidates).
2. The Nominating Convention shall also select a National Committeeman, a National Committeewoman,
__ National Delegates including 3 from each Congressional District, __ Alternate National Delegates
including 3 from each Congressional District, and __ Presidential Electors. In addition, the
__________ Convention shall conduct party business including amendments to the State Party
Constitution, and State Party Bylaws. The Nominating Convention shall consider amendments to the
standing State Party Platform.
B. Call
1. The Utah Republican Party State __________ Convention shall convene at (time) on date), at the
(location), Utah.
2. Multi-County State Senate District Elections shall be held at (time).
3. Multi-County State House District Elections begin at (time).
C. Rules of Order
1. The State Party Constitution and Bylaws, these Rules and the current edition of Robert's Rules of Order
shall govern this Convention.
2. These rules shall govern any conflict with Robert's Rules.
D. Order of Business
1. The order of business of this convention shall follow the agenda adopted by the delegates.
2. All challenges to the qualifications of an individual delegate to serve must be received in writing by 5:00
p.m. at State Party Headquarters on the Monday prior to the day of Convention. The Credentials
Committee shall attempt to contact challenged delegates to resolve any disputes and make a report for
Convention adoption.
E. Seating and Admission
1. Members of the public and media will be admitted to the convention hall to view the proceedings, as
long as they follow proper conduct and the directions of the Chair and Sergeant of Arms.
2. Only delegates may participate in the business of the Convention; however, the Convention Chair may
invite any individual to address the Convention.
3. In the hall, seating shall be organized by county with a separate area for visitors and media.
4. Each delegate to this convention will be issued a credential card that is nontransferable and must be
displayed at the time of balloting and any voting.
F. Recognition to Speak
1. A delegate must state his or her name and county and be recognized by the chair before speaking on
convention business.
2. No delegate may speak more than once or longer than two (2) minutes upon the same question, unless
allowed by a majority of the convention.
G. PlatformAmendments and Resolutions
1. Only amendments to the Platform and resolutions which have been submitted in writing with seconding
endorsements from at least five state delegates other than the sponsor and received at the Republican
State Party Headquarters by 5:00 p.m., 30 days before the Convention, shall be presented to the
Platform/Resolutions Committee for review. There shall be a limit to no more than two amendments or
resolutions sponsored by any one delegate.
2. The Platform/Resolutions Committee will meet with amendment and resolution proponents to discuss
the amendments and resolutions on (date) preceding the Convention at Republican Party Headquarters.
3. The Platform/Resolutions Committee shall forward non-redundant, significant amendments and
resolutions to the Convention for consideration.
4. Amendments and resolutions may only be made during the time specified in the agenda approved by
the Convention. The Convention may determine, by a majority vote, the order in which resolutions shall
be considered. The debate and summation time for each amendment and resolution shall be determined
by the convention agenda. Equal debate time shall be allowed for proponents and opponents of the
motion.
H. Constitution, Bylaws and Rules Amendments
1. In order to be considered at the convention, amendments to the Party 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 Republican State Party Headquarters.
2. The Constitution/Bylaws Committee shall forward those duly submitted Constitution and Bylaw
amendments either to the Convention or to the State Central Committee for consideration, and shall
forward those duly submitted other Rules amendments to the Convention.
3. The debate and summation time for each amendment and bylaw change shall be determined by the
convention agenda. Equal debate time shall be allowed for proponents and opponents of the motion.
I. Candidate Rules and Requirements
1. Only Republican candidates who have properly filed for elected public office as required by law and
meet the requirements of the Utah Republican Party Bylaws shall be considered by the Convention. In
accordance with Party Bylaws, all candidates including those for the positions of National Committeeman,
National Committeewoman, Presidential Elector, National Delegate, and Alternate National Delegate
shall have filed a letter of intent and disclosure statement at State Party Headquarters at least 30 days
prior to the State Convention.
2. Signage and distribution of literature rules shall be established by the rules committee, convention
officers and the host facility.
3. The Candidate or his/her representative shall sign a document which states they have read and
understand the CANDIDATE RULES AND REQUIREMENTS.
4. All Candidates, special interest groups, and other organized groups shall pay a $____ refundable
cleaning deposit before the convention.
5. Anyone distributing materials at the Convention shall be responsible to remove their materials after the
Convention, from the facility and the parking area. Clean up is required in order to get the $____
refundable cleaning fee returned.
6. Basic rules apply to all who have paid the $____ fee. (The intent is to have fairness, to treat all
equally.)
J. Nominations
1. Opposed candidates shall be allowed ___ minutes for presentation.
2. Opposed candidates in multi-county legislative elections shall be allowed ___ minutes for presentation.
3. Opposed candidates in elections for National Committeeman and Committeewoman shall have ___
minutes for presentation. Candidates for the positions of National and
Congressional Delegate, Alternate National and Congressional Delegate and Presidential Elector will not
have time allotted to address the convention.
4. An individual may not run for both the positions of National Delegate and Alternate National Delegate.
An individual may run for both the positions of Presidential Elector and either National Delegate or
Alternate National Delegate.
5. Candidates are not required to have a nomination or second but may if they so desire. The total time
limit remains the same regardless.
6. The order of presentation shall be decided by random drawing.
7. The intent is to have fairness, to treat all candidates equally.
8. In Multiple Round Balloting, prior to a second or subsequent round of balloting, remaining candidates
shall be allowed one (1) minute each for additional presentation if they desire.
K. Physical Arrangements
1. Candidates and organizations are responsible for observance of these rules by their staff, campaigns,
committees, supporters and delegates. Violations will result in forfeiture of deposits and removal of all
signs of the violating group or individual. Each candidate or organization is responsible for the clean up of
anything produced by, distributed by, or bearing the name of that candidate or organization.
2. Candidates and organizations will have access to the convention hall on _____ preceding the
Convention until ______.
3. Signage:
a. Schedule for setup and take down of signs will be available from the State Republican Headquarters two
weeks prior to the Convention.
b. No helium balloons are allowed.
c. Nothing may be affixed to any surface at the Convention Center.
d. No signs may appear in or around the staging area of the arena.
4. Booth space may be rented from the party.
a. All booth space, including the setting up of any tables inside or outside the Convention Center, must be
obtained from or approved by the Utah Republican Party. Booths shall not be taken down until the
Convention is officially adjourned on Saturday.
b. Booth space will be chosen by lottery.
c. Multi-county district elections will be held in separate rooms. Candidates who wish to have a table
outside of the room prior to district meetings must contact party headquarters at _______. A $____ fee
will be charged.
5. Distribution of food must be approved in advance by the State Republican Headquarters in
coordination with the (Convention host) management.
6. No confetti is allowed in the convention facilities.
7. The Rules Committee may make alterations or amendments to this section of the rules as needed to
meet demands of the host facility and Party.
8. There shall be no restrictions on the distribution of printed material, except that materials may not be
predistributed on the chairs in the convention hall. All printed material shall have a disclaimer identifying
the responsible person or organization and phone number and be clearly printed on the material.
L. Quorum
1. Any number of credentialed state delegates shall constitute a quorum for the purpose of transacting
business except that a majority of those credentialed shall be required for considering Resolutions and
changes to the Party Constitution, Bylaws, and Platform.
M. General Voting Rules
1. Other than the election of candidates or other balloting as noticed in the convention call, voting shall be
by voice or by a show of delegate credentials. A call for division shall be accepted if 50 delegates stand in
support. This division shall be an actual count of the delegates.
2. The Credentials Committee, directly after the opening ceremonies shall report the number of delegates
registered as present with proper credentials and shall make a final report immediately preceding
candidate speeches.
3. Suspension of Convention Rules shall be by a 2/3 majority of delegates present with a quorum present.
4. In contested statewide and federal races, candidate names shall appear on the ballot by random
drawing at least seven (7) days before the Convention. In the races for Presidential Electors, National
Delegates, and Alternate National Delegates, candidate names shall appear on the ballot according to the
following system: Each letter of the alphabet shall be randomly drawn. The order in which the letters are
drawn shall be the order in which they appear on the ballot. The names of the candidates shall be
alphabetized within each individual letter group.
5. Election of Presidential Electors, National Delegates (both at-large and congressional), and Alternate
National Delegates (both at-large and congressional) shall be by single ballot.
6. There will be no absentee or proxy voting.
7. Unopposed candidates shall be declared the partys nominee by the Chair.
8. Voting will be conducted in the convention hall when the chair calls for the vote. It is the prerogative of
the chair to open and close balloting at appropriate times.
9. Each opposed candidate for ____________shall be permitted to have one poll watcher. This observer
may not leave the ballot counting room before the vote tally for that office has been announced to the
Convention. The Elections Committee Chairperson is responsible for the ballot counting room and poll
watchers. The Elections Chairperson is responsible for any complaints and has the authority to take any
concerns to the Convention Chair.
N. Presidential Electors and National Delegates
(Nominating Convention Only)
1. The Convention shall select __ at-large Presidential Electors and __ Presidential Elector per
congressional district, for a total of ___ Electors. When filing for the position of Elector, candidates
should specify for which type of Presidential Elector position (atlarge or congressional district) he/she
wishes to run.
2. The Convention shall select __ at-large national delegates including (3) from each congressional
district and __ at-large alternate national delegates including (3) from each congressional district. When
filing for the position of national delegate, candidates should specify for which type of national delegate
position (at-large national delegate, atlarge alternate national delegate or congressional district national
delegate, alternate congressional district national delegate) he/she wishes to run.
3. All state delegates at the Convention shall vote for the at-large Presidential Electors, but only the
delegates from each congressional district shall vote for their respective congressional district Presidential
Elector.
4. The two at-large Elector candidates with the highest vote totals shall be the at-large Electors. The next
six at-large elector candidates with the highest vote totals shall be ordered as alternates. The elector
candidate from each congressional district with the highest vote total shall be the Elector for that district.
The next three elector candidates in each congressional district with the highest vote totals shall be
ordered as the alternate congressional district Electors.
5. All state delegates at the Convention shall vote for the at-large national delegates and alternates, but
only the delegates from each congressional district shall vote for their respective congressional national
delegates and alternates.
6. The top __ at-large and alternate national delegates with the highest vote totals shall be the at-large
and alternate national delegates. The top __ congressional district national delegates and alternates with
the highest vote total shall be the congressional national delegates and alternates for that district.
7. Presidential Electors per congressional district and national delegates and alternates to the national
convention representing congressional districts shall be residents of and qualified voters in said districts
respectively when elected and when serving.
8.0 CANDIDATE DISCLOSURE
A. Candidates who wish to run for any federal or statewide office shall sign and submit a disclosure
statement to State Party Headquarters at least 30 days prior to the State Party Convention. The disclosure
statement shall specify either: (1) "I have read the Utah Republican Party Platform. I support that
Platform and accept it as the standard by which my performance as a candidate and as an officeholder
should be evaluated. I certify that I am not a candidate, officer, delegate nor position holder in any party
other than the Republican party." Or (2) "I have read the Utah Republican Party Platform. Except for the
provisions specifically noted below, I support that Platform and accept it as the standard by which my
performance as a candidate and as an officeholder should be evaluated. I certify that I am not a candidate,
officer, delegate nor position holder in any party other than the Republican party."
B. The candidate disclosure statements and any exceptions noted therein, shall be compiled on the Utah
Republican Party internet site at least two weeks prior to the state party convention, and shall be made
available to delegates attending the convention. Should any candidate fail to submit the Disclosure
Statement, the Party Chairman will announce this failure immediately prior to balloting for that
candidate's office.
9.0 DELEGATES AND CAUCUS MEETINGS
A. Qualifications and Disqualifications of State and County Delegates. Each individual caucus shall be open
to the public. Each participant shall be:
1. A Utah citizen who resides in the precinct and
2. 18 by that year's general election.
3. A registered Republican party member as referenced in Article I of the Party Constitution or who
registers as Republican at the individual caucus meeting.
Each participant shall not be a simultaneous officer, delegate, candidate or registered affiliated voter of
any other rival political party. (Voter registration materials shall be available at the meeting for those who
wish to affiliate that night as Republicans.) For purposes of this Bylaw, "rival political party" means any
organization of registered voters currently qualified to fully participate in Utah elections as provided by
Utah Code, which is not the Republican Party.
B. Each caucus meeting shall use the following agenda:
Welcome/Introductions
Prayer
Pledge
Reading of the State or County Platform
Review of Rules, Procedures, Duties of Precinct and Delegate Positions
Nominations and Elections (County Parties may change the order) for:
Precinct Chair
Precinct Vice Chair
Precinct Secretary and/or Treasurer
State Delegate
County Delegate
Other Business as directed by State and/or County Parties
Select Election Judges
Adjournment of the Meeting
C. The State Central Committee shall approve any additional Caucus Rules to be used in addition to those
outlined in Bylaws Section 9.0 A and B, prior to each Caucus Meeting.
10.0 CONVENTION CREDENTIAL CHALLENGES
Challenges pertaining to state delegate credentials or eligibility must be received in writing at State Party
Headquarters no later than 5 p.m. three days prior to the State Convention. The Credentials Committee
report shall be the first order of business at the convention. Nothing in this provision shall prohibit any
delegate from moving an amendment to the credentials report at the convention.
11.0 ROBERT'S RULES OF ORDER
The rules contained in the current edition of Robert's Rules of Order shall govern all meetings of
the Party, except to the extent they are inconsistent with the Constitution and Bylaws and any
special rules of order the Party may adopt.
SPECIAL RULE
In any elections conducted by the State Central Committee in which more candidates file than the
positions being filled, the Committee shall use multiple ballots. A majority of votes is necessary to elect.
The candidate with the fewest votes shall be eliminated in each round and more than one candidate shall
be eliminated when the sum of the votes received by the candidates to be eliminated does not exceed the
number of votes received by the next highest candidate, and at least enough candidates remain to fill the
position(s).
Last Amended 9/21/13 by the Utah Republican Party State Central Committee.
Michelle Mumford State Party Secretary
EXHIBIT 3
Utah Republican Party State Party Platform

(as ratified at the 2009 State Convention)
PREAMBLE
We, the Republican Party of the Great State of Utah, affirm our belief in God and declare our
support for government based upon a moral and spiritual foundation. We affirm freedom for
every individual as expressed in the Declaration of Independence and protected by the
Constitution. We believe that citizens' needs are best met through free enterprise, private
initiative, and volunteerism. We support the Rule of Law and believe in upholding the law of the
land.
THE PROPER ROLE OF GOVERNMENT
We believe government properly exists by the consent of the governed and must be restrained
from intruding into the freedoms of its citizens. The function of government is not to grant rights,
but to protect the unalienable, God-given rights of life, liberty, property, and the pursuit of
happiness.
PRIVATE PROPERTY
We recognize the rights of the individual to own property. We resist any effort by government to
take private property without an overwhelming need for public use. We strongly oppose the
forfeiture of private property from innocent owners.
REAFFIRMATION OF STATES' RIGHTS

We oppose congressional, judicial, and executive abrogation of the principle that the powers not
delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved
to the States respectively, or to the people. We oppose unreasonable and intrusive federal
mandates.
ETHICS AND STANDARDS

We demand honesty, integrity, morality, and accountability of our public officials. We will work to
expose and stop corruption.
NATIONAL SECURITY AND PUBLIC PROTECTION

We support a military force of sufficient strength and readiness to deter any threat to our national
sovereignty or to the safety and freedom of our citizens. We support the Constitutional mandate
to protect and secure our national borders. We oppose placement of United States troops under
any foreign command, including the United Nations. We support lawful efforts of local law
enforcement agencies to protect citizens in their homes and in their communities. We urge reform
of the legal system to accomplish a swift and balanced administration of justice, including
consideration of rights of the victim. We support capital punishment when appropriate.
SELF DEFENSE
We support the individual constitutionally-protected right of the people to keep and bear arms for
security and defense of self, family, others, property, or the state, as well as for other lawful
purposes. We encourage personal responsibility for the care and use of these firearms.
FREEDOM OF RELIGION
We claim freedom of religion for every citizen and expect the protection of government in
securing to us this unalienable right. We affirm the right to religious expression, including prayer,
in both private and public.
FAMILY VALUES
We recognize the traditional family as the fundamental unit of society. We affirm that parents
have the fundamental right and primary responsibility to direct the upbringing of their children
and to provide nurturing care, discipline and training in moral values.
RIGHT TO LIFE
We believe in the right to life for both the born and unborn. We strongly oppose abortion, except
to preserve the life of the mother or in cases of rape or incest. We believe the unborn child has a
fundamental right to life which cannot be infringed. We believe all human life is sacred regardless
of age or infirmity, and therefore we oppose abortion, euthanasia, assisted suicide, and the public
funding of any of these abhorrent practices.
HUMAN SERVICES
We believe that the primary responsibility for meeting basic human needs rests with the
individual, the family, and the voluntary charitable organizations. We recognize, however, that
there are special social needs which must be addressed through state human service programs.
We support requiring welfare recipients to work towards self-sufficiency.
HERITAGE
We recognize the contributions made to our quality of life through ethnic diversity.
EQUAL RIGHTS
We believe that no individual is entitled to rights that exceed or supersede the God-given
individual rights guaranteed by the Constitution of the United States and the Constitution of the
State of Utah.
EDUCATION
We believe that all children should have access to quality education. Parents have the primary
right and responsibility to educate their children, and we support their right to choose public,
private, or home education. We support incentives to promote competitive excellence. We
encourage cooperative initiatives to help all Utahans become literate in English. We support the
prudent and profitable use of school trust lands. We support all interest and dividends from the
permanent State School Fund being distributed to each public and charter school to improve
student academic performance.
TAXATION
We accept the necessity for limited taxation in order for government to perform and administer
those services which meet essential public needs. However, we recognize that the power to tax is
also the power to control, and believe that the best way to control government is to strictly control
the amount of taxes imposed on the people. We encourage further simplification of tax systems,
the elimination of the estate tax, and broad-based rate reduction where possible.
REGULATION
We recognize that government regulation can be a major impediment to productivity and to
competition. We must rely more on market forces and less on government. Regulatory power now
exercised by the federal government must be eliminated or returned to state and local
governments.
ECONOMIC DEVELOPMENT
We believe that a strong, diversified economy based on a positive work ethic, a well trained and
well educated work force, a business-friendly environment, and safe work place will help Utah
compete in a world market place. We believe that developing our human resources is essential to
the future of Utah. We support the Utah Right to Work Law.
THE ENVIRONMENT
We appreciate the quality of our environment. Our air, water, and land are at the heart of our
existence and must be protected through balanced management. We support reasonable laws and
volunteer efforts to improve air and water quality. We continue to seek responsible solutions to
controversies surrounding uses of our wilderness. We seek to preserve the environment while
serving the best interests of our Utah citizens.
We oppose as unconstitutional the declaration by any President without approval from Congress
of any large tract of land as a national monument. We call on the Governor of the State of Utah to
use the Constitutional Defense Fund and other resources at his disposal to bring any such
declaration affecting Utah before the United States Supreme Court for reversal.
JURY
The jury is a fundamental institution of liberty, because it is the only anchor yet imagined by man
by which a government can be held to the principles of its constitution. The jury has the right and
the authority to acquit if jurors feel justice will be served.
IMMIGRATION
America is a stronger and better nation because of the hard work and entrepreneurial spirit of
legal immigrants, and the Republican Party honors them. We believe that control of our borders
is an urgent national security interest and our national sovereignty depends on those secure
borders.
We oppose illegal immigration and all forms of amnesty, or legal status, for illegal immigrants.
We support suspending automatic U.S. citizenship to children born to illegal immigrant parents.
We oppose granting government benefits to those illegally present in the US. We oppose any
temporary or "guest" worker program that would offer an automatic path to citizenship. We
believe that current laws against employing illegal immigrants should be vigorously enforced,
particularly to stem the now too common crime of identity theft in obtaining employment.
UTAH STATE SOVEREIGNTY

The 13 original Sovereign States in Constitutional Convention created the Constitution of the
United States of America and subsequently ratified that document creating a Federal Government
and granting to that Government limited and enumerated powers.
The Tenth Amendment to the Constitution of the United States defines Federal powers as those
enumerated in the Constitution and reserves all other powers to the States and to the People.
It remains the sacred responsibility of the States as creators of the Federal Government to keep
the federal powers within the limits set by the Constitution.
We resolve that the Republican Party of the Great State of Utah and elected party members take
any and all steps necessary to ensure that Federal powers exercised within the Great State of Utah
not exceed those granted by the Constitution of the United States, and that those usurpations of
State Sovereign Powers already violated by the Federal Government be corrected by the State
Legislature and enforced by the Governors office thus protecting Utah State Sovereignty
OUR MISSION
The Republican Party is a party by the people and for the people. We appreciate the productivity
of our citizens, affirm the infinite worth of all individuals, and seek the best possible quality of life
for all. We invite all citizens to join us in working together for a better Utah.

Utah Republican Party Preliminary Motion Exhibit C (Evans Declaration)

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

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

Marcus R. Mumford (12737)

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

GARY R. HERBERT, in his Official

Judge David Nuffer

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

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

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

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 4 of 52

candidates for elected office.

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

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 5 of 52

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 6 of 52

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

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 7 of 52

neighborhood caucus meetings.

county and state nominating conventions.

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 8 of 52

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 9 of 52

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

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

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 10 of 52

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

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

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

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 11 of 52

bipartisans that came to be known as Count My Vote.

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

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 12 of 52

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

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

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

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

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

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

of ways, including the following:

right to certify and endorse its nominees for elected office.

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

individual county clerks,2

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 16 of 52

Id. 20A-6-301(1)(d)-(g), -301(2)(a), -302(1)(a), -303(1)(g), & -304(1)(g), as amended.

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 17 of 52

a nominee who best represents the Partys political platform.

See id. 20A-8-106, -8-401(2)(c), -9-401(2), & -9-403(1)(b).

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 18 of 52

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

that its nominees be selected at conventions only after making substantive

Bylaws 7.5.I.1 & 8.0.A.

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 19 of 52

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

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 20 of 52

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

system to select nominees with what SB54 requires.

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 21 of 52

procedure for designating alternate delegate;

consistent with SB54.

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

Case 2:14-cv-00876-DN Document 13-3 Filed 01/05/15 Page 22 of 52

amendments consistent with SB54.

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

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

The Constitution and Bylaws Committee is responsible for vetting proposed