STATE oF UTAH Spencer J, Cox LIEUTENANT GOVERNOR November 20, 2015 Senator Todd Weiler 1248 West 1900 South Wood Cross, Utah 84087 Senator Weiler, ‘On November 20, 2015, you sent our office a letter asking questions related to the interpretation of certain provisions in the Utah Election Code. Specifically, you asked for clarification related to your candidacy after the recent federal court hearing and publicly-reported statements made by the Utah Republican Party chairman. You indicated that you have publicly declared your intent to seek re-election next year for Utah Senate 23 and that it is your understanding the Utah Republican Party is a Qualified Political Party (QPP). Given that, you plan to file for re-election and seek access to the primary election ballot through both methods allowed under Utah Code 20A-9-406(3), the caucus/convention system and gathering signatures. Please find our office’s response to your questions below. 4. Under the current law, do | have the choice to collect signature, go to convention —- or do both? ANSWER: Yes. On August 17, 2015, the Utah Republican Party filed a certification with our office stating their intent to nominate its 2016 candidates as a QPP, in accordance with its internal rules and procedures and Utah Code Section 20-9-408, Utah Code Section 20A-9-406(3), states that “an individual,” meaning the candidate, "may only seek the nomination of the qualified political party by using a method described in Section 20A-9-407 [the convention system], Section 20A-9-408 [signature gathering] or both." This, provision very clearly states that it is the individual who has the right to choose their path to the ballot and the individual may seek a nomination by the use of both methods. ‘Urs Stave Garvie, Suire 220 + P.O, Box 142526 Sar Lane Cirv, Uran 84714-2526 Tet: (B01) 698-1041 » Fax: (201) 698-1192Furthermore, under Utah Code Section 20A-9-101(12)(d) states: (12) "Quaified political party" means a registered political party that: (4) permits a member of the registered political party to seek the registered political party's nomination for any elective office by the member choosing to seek the nomination by either or both of the following methods [convention system or signature gathering]. Under both of these provisions, the individual or member has the ability to choose which method they will seek the nomination under. a. If yes, what if my party says I can't collect signatures? ur office will allow QPP candidates the opportunity to choose between the convention system, gathering signatures or both. Any objection by a QPP to reject candidates who gather signatures will be not be sustained by our office. b. If no, what has changed? Not applicable. 2. Under the current law, does a qualified political party have the right to prohibit its candidates (with the threat of expulsion) from collecting signatures? ANSWER: The state does not determine political party membership. While the political party can define its own membership, a QPP must allow individual candidates to seek the nomination through the caucus/convention system, a signature gathering process or both. 3. If I collect a sufficient number of signatures from fellow Republicans who are registered to vote in Senate District 23, will your office certify me as a Republican candidate for the June 2016 primary? ANSWER: Similar to our response to Question #1, a member of a QPP may choose whether to be nominated through the caucus/convention system, through a signature gathering process, or both, ‘Assuming the party has satisfied the requirements to be a QPP, if you submitted a sufficient number of signatures from qualified signers within your district and you met all other statutory ‘and constitutional requirements, our office will certify you as a Republican candidate for the June 2016 primary.4, _ If the Utah Republican Party revokes my party membership because | collected signatures, will it still qualify as a Qualified Political Party under the current election law? ANSWER: No. Under Utah Code Section 20A-9-406(4), a QPP must allow candidates to collect signatures. The Utah Republican Party will not be in compliance with the provisions of 20A-9-406 if it does not allow a candidate to collect signatures, a, Ifyes, will my name still appear on the ballot as a Republican? Not applicable. b. If no, will my name still appear on the ballot as a Republican? No. 5. Ifthe Utah Republican Party is disqual default to a RPP under the current statute? d as a qualified pol al party, will it ANSWER: Our office continues to work with the Attorney General's office to determine exactly what would happen under these circumstances. There are different possible outcomes, depending on the specific circumstances. The Attorney General's office has indicated that defaulting to a RPP is one possible outcome if the Utah Republican Party is disqualified from being a QPP. a. Ifyes, will my name still appear on the ballot as a Republican? See above. b. Ifo, will my name still appear on the ballot as a Republican? See above. 6. What impact, if any, does Judge Nuffer’s ruling have on my ability to collect signatures as a Republican with my party participating as a qualified political party? ANSWER: The only adjustment Judge Nuffer's ruling had on the ability to collect signatures is that you may no longer collect signatures from unaffiliated voters. You are stil allowed to collect signatures from voters registered with the Utah Republican Party and any other voter permitted to vote in the Utah Republican Party's primary.7. Would any of your answers to the above questions be different if a Republican candidate chose only to collect signatures, without going to convention? ANSWER: Under the law, a member of a QPP may to seek a party's nomination by the member choosing to collect signatures, participate in a caucus/convention system, or by doing both. Therefore, from the state's perspective, a candidate is treated no differently if they choose to collect signatures without going to the convention, Please let me know if you have any further questions. Sincerely, Mark Thomas | Chief Deputy/Director of Elections Lt. Governor's Office