CONSTITUTION PARTY OF UTAH CONSTITUTION AND BYLAWS

As Amended in Convention on July 11, 2015

PREAMBLE

We, the members of the Constitution Party of Utah, gratefully acknowledge the blessings of the Lord God as Creator, Preserver and Ruler of the Universe and of this State Republic. We hereby appeal to Him for said aid, comfort, guidance and the protection of His Divine Providence.

ARTICLE I: NAME & STATE DESIGNATION

The name of this political party shall be the Constitution Party of Utah, and herein after may be referred to as the State Party. The State Party is affiliated with the National Constitution Party. The State Party is a Qualified Political Party under current State law.

 

ARTICLE II PURPOSE

The purpose of the Constitution Party of Utah shall be to:

  1. Provide a state vehicle through which the member county affiliates may fully participate in the local, state and national election process; including the nomination of local, state and national candidates and the adoption of state and national platforms.
  2. Provide services to county affiliates, at their request, including assistance in ballot qualification, voter education, organization, and communications.
  3. Promote by all lawful and truthful means the election of local, state and national candidates nominated by the Constitution Party and to conduct and coordinate campaigns on their behalf.
  4. Promote allegiance to God’s laws and the Principles and Objectives of the Declaration of Independence and the Constitution of the United States of America and the Bill of Rights as conceived and set forth by our Founding Fathers in their establishment of our Republic; affirm that the Declaration of Independence occupies a primary and defining relationship to and equality with the Constitution of the United States of America, and further affirm that the latter document was never intended to supplant nor replace the former document, but only to perfect it and the Union of States which it brought into existence.

 

ARTICLE III: COUNTY AFFILIATION

County affiliation with the Constitution Party shall be limited to one political party or organization from each county, each of which shall herein be referred to as a County Affiliate.

  1. The State Executive Committee shall have the power to grant and revoke county affiliation.
  2. A County Affiliate must, at a convention held at least biennially on odd numbered years, elect a chairman to serve for a term of approximately two years. Other officers may also be elected in accordance with bylaws or customary practice of the county if there are people available to serve in these offices. Said county must hold a convention at least every other year to remain active. In the absence of either of these requirements, by majority vote of the State Executive Committee, a new Chairman who lives in the said county may be appointed to reactivate the County Affiliate.
  3. Nothing in these Constitution and Bylaws of the Constitution Party of Utah shall confer upon the State Party any authority to direct the internal affairs of any active county affiliate; in as much as the County Affiliate affairs do not conflict with the State Bylaws.

 

ARTICLE IV: MEMBERSHIP

A member of the Constitution Party of Utah (CP Utah) in good standing is a person who:

  1. Is a resident of the State of Utah who declares affiliation with the Constitution Party when registering to vote, and:
  2. Affirms general acceptance in a manner to be prescribed by the SEC of the principles and provisions set forth in the current platform and Constitution and Bylaws of the Constitution Party of Utah.
  3. Membership dues shall not be required for membership in the Constitution Party of Utah. However, an annual contribution of $25.00 per person or couple is requested.

 

ARTICLE V: OFFICERS

The Officers of the Constitution Party of Utah shall be a State Chairman, State 1st Vice Chairman, State 2nd Vice Chairman, State Secretary, State Treasurer, and up to six Directors. This body shall herein after be referred to as members of the State Executive Committee or SEC.

  1. Terms of the State Chairman, State 1st Vice Chairman, State 2nd Vice Chairman, State Secretary, State Treasurer, and Directors shall be two years. Any officer may be re-elected any number of terms.
  2. The offices of State Secretary and State Treasurer may be held simultaneously, by the same person, as a combined State Secretary/Treasurer. The office of Director may also be concurrently or simultaneously held by any other state or county officer, other than State Chairman.
  3. A Parliamentarian will be appointed by the State Chairman and will serve at the pleasure of the Chairman until such time as they cannot perform their duties or a new Chairman is elected.
  4. While serving on the SEC, members who were merely appointed by the Chairman shall be non-voting members. Members, who were appointed by the Chairman and approved by a majority vote of a regular quorum of the SEC, shall have voting privileges.

Elections

  1. Election of State Party Officers, excluding Directors, is to be held at the State Convention on odd numbered years, with installation taking place immediately after the adjournment of the Convention at which they were elected.
  2. Director positions may be filled by either election at convention or appointment by the Chairman with or without a majority approval of the Executive Committee, as needed, to perform their various duties within the Party.
  3. Officers are to be elected by majority vote of the State Convention.

Vacancies

  1. A vacancy of the State Chairman’s position is to be taken by the State 1st Vice Chairman. In the event of his inability, unwillingness, or refusal to serve in that position, then the vacancy is to be filled by the State 2nd Vice Chairman.
  2. Other State Officer vacancies are to be filled through appointment by the State Chairman, if that position is non-voting, and by the State Chairman with approval by a majority of the Executive Committee present at any regular meeting of that body if that position is a voting position.
  3. If any vacancy cannot be filled by A or B above, the Executive Committee will carry out the duties of the vacant officer’s position.

Removal

  1. If any appointed State Officer is performing his or her duties at an unsatisfactory level, he or she may be recalled from that position by the same method with which he or she was appointed. If any elected State Officer is performing his or her duties at an unsatisfactory level, he or she may be recalled from that position by a motion of the State Chairman and a confirming vote of two thirds of the State Executive Committee.

Duties

  1. State Chairman shall:
    1. Act as liaison between County, State, and National Constitution Parties.
    2. Be official spokesperson of the State Party.
    3. Issue Convention and Meeting calls.
    4. Promulgate the philosophy, platform and candidates of the State and National Parties.
    5. Ensure compliance with the philosophy and platform of the Constitution Party of Utah, by all candidates and local party organizations in Utah claiming affiliation with the State Party.
    6. Appoint necessary staff members and all special or standing committees
    7. Be an Ex-Officio member of all committees, and such other duties applicable to the office.
  2. State 1st Vice Chairman shall:
    1. Assist the State Chairman in performing those duties as requested by the Chairman.
    2. Act as a liaison between the State Party and the State Lieutenant Governor’s office, when needed, at the request of the State Chairman.
    3. Carry out the duties of the Chairman when the Chairman is unable to perform, and such other duties applicable to the office.
  3. State 2nd Vice Chairman shall:
    1. Assist the State Chairman in performing those duties as requested by the Chairman.
    2. Serve as 1st Vice Chairman in the absence or vacancy of said position.
  4. State Secretary shall
    1. Keep the official records of the State Party, including, but not limited to recording minutes of all meetings, maintaining membership and attendance lists, and overseeing Meeting and Convention registration.
    2. Provide appropriate access to records, to any member in good standing, at the discretion of the Secretary. Other access to Party records may be obtained by written request to the State Executive Committee who may approve or disapprove such request.
  5. State Treasurer shall
    1. Keep the financial records of the Party.
    2. Be responsible for the fulfilling federal and state financial reporting requirements.
    3. Prepare quarterly statements of income and expenditures for the Executive Committee and prepare an annual financial report.
    4. Manage receipts and disbursements of the State Party.
    5. Prepare an annual budget to be approved by the Executive Committee.
  6. State Directors shall
    1. Assist the State Chairman in performing duties as requested by the Chairman.
    2. Oversee standing and temporary committees as requested by the Chairman.
    3. Serve as a liaison between the State Executive Committee and the people of the counties in particular geographical regions of the state.

 

ARTICLE VI MEETINGS AND CONVENTIONS

Meetings

  1. Meetings of the State Executive Committee (SEC) shall be held at least quarterly at a time and place established by the State Chairman. All party members are invited to attend, but only members of the SEC may vote.
  2. Decisions of the SEC shall be by majority vote unless specified elsewhere in the Bylaws.
  3. The State Chairman shall decide tie votes.
  4. A quorum for the SEC meetings, except those requiring a two-thirds or three-fourths, the majority vote consists of five or more of the current listed members.

Conventions

  1. The State Chairman shall call a Convention at least once a year for the purpose of conducting Party business.
  2. In even numbered years the Convention will normally be held in the spring and the business shall consist of:
    1. Endorsing candidates for statewide office
    2. Electing National Convention delegates, when needed
    3. Approving an annual financial report
    4. Approving or amending the State Party Constitution or Bylaws
    5. Adopting or revising the State Party Platform, and
    6. Addressing other appropriate issues.
  3. In odd numbered years the business shall consist of:
    1. Electing State Party Officers.
    2. Approving annual financial report.
    3. Approving or amending the State Party Constitution or Bylaws,
    4. Addressing other appropriate issues.
  4. At a State Convention, a majority of all authorized delegates attending constitute a quorum.
  5. The State Executive Committee shall adopt rules pertaining to the call and organization of the State Convention.
  6. The State Convention is recognized as the highest authority in the State Party. Only a State Convention may amend a platform adopted by a State Convention.

Voting

  1. Voting for the election of Officers and endorsements shall be by secret ballot, except in circumstances of a candidate without another nominee for the same office, a voiced acclamation by the voting body.
  2. Decisions shall be by majority vote, unless otherwise specified in the Bylaws, with tie votes decided by the State Chairman’s vote.
  3. Delegates at Conventions are entitled to vote if they are:
    1. An eligible Utah voter.
    2. Members in good standing, as specified in the Bylaws, for at least ten days.
    3. Present at the time of voting, or is in attendance by electronic means from such
      remote location and in such manner as may be prescribed by the SEC at its option, or is represented by a duly credentialed alternate delegate selected or designated in accordance with procedures to be established by the SEC, and modified from time-to-time as necessary to maintain compliance with current State laws and regulations and to adapt to other changing conditions as circumstances require.
    4. Duly appointed by the Party of the county which they represent in a manner consistent with customary practice or established bylaws of said county.

National Convention Delegates

  1. Delegates to the National Convention are selected by a vote of the State Convention Delegates.
  2. The SEC may recommend a slate of National Convention Delegates. Other nominations may be made from the floor.
  3. State Convention Delegates vote for the number of allotted National Delegates. National Delegate positions will be assigned starting with the highest number of votes obtained until all positions are filled.
  4. Delegates with lower vote counts will fill alternate positions equal to the number of delegate positions.
  5. When the number of National Delegate positions exceeds the number of available Convention Delegates, all available Convention Delegates may be assigned as National Delegates.

National Committee Members

  1. National Committee Members are to be appointed by the State Chairman and approved by the SEC.

 

ARTICLE VII EXECUTIVE COMMITTEE

Membership in the State Executive Committee may consist of

  1. State Party Officers
  2. All County Chairmen.
  3. A Parliamentarian appointed by the State Chairman, to serve at the pleasure of the Chairman, to assure adherence to Roberts Rules of Order current edition, and the State Party Bylaws.
  4. Any candidate who represented the Party, in a statewide office race or national race in the most recent election, may serve on the SEC after notifying the Secretary of his or her desire, and being appointed by the Chairman.
  5. Other members may be appointed during the regular course of business by a majority vote of a quorum of the elected SEC members to fill key positions and committees. These appointed members may be changed or removed by majority vote of a quorum of the elected members as the need arises.
  6. Elected membership in the SEC may be subject to revocation by a three-fourths vote of current listed members at any duly convened SEC Committee meeting.

The purpose is to manage the State Party between State Conventions. The SEC shall:

  1. Oversee the finances of the State Party, including a financial report of the previous year, approval of an annual budget, and all expenses not included in the budget.
  2. Nominate candidates for State Party Office.
  3. Approve or Disapprove all appointments made by the State Chairman.
  4. Approve or Disapprove and recognize affiliate organizations that meet at least these criteria:
    1. All officers are members in good standing of the Constitution Party of Utah.
    2. The principles of the organization are consistent with those of the Constitution Party of Utah.
    3. Ensure compliance with the philosophy and platform of the Constitution Party of Utah by all candidates and local party organizations in Utah claiming affiliation with the State and National organizations.
  5. The State Secretary will maintain a current list of SEC members.

 

ARTICLE VIII JUDICIAL COMMITTEE

The purpose of the Judicial Committee is to arbitrate and decide on all disputes regarding the CP Utah arising between members and the Party, and is the final body of appeal in all matters regarding interpretation of the Constitution and Bylaws.

  1. The Committee will be selected as needed by the State Chairman and composed of from three to seven members who are not currently serving in any State Party office, and approved by the majority vote of a quorum of the SEC. They in turn will elect one of their members to be Chairman who will be responsible for reporting all Committee decisions to the SEC after they are rendered and to the next state convention.
  2. Judicial Committee members will serve until the matter for which they were selected is resolved. Vacancies will be filled by appointment of the State Chairman.
  3. The Committee is not required to be selected or meet except when called upon to decide a matter by at least three CP Utah members in good standing or by request of the State Chairman.
  4. Judicial Committee decisions require a majority vote. Committee decisions may only be overruled at a state convention by two-thirds vote of attending delegates.

 

ARTICLE IX CANDIDATES

Endorsements

  1. No candidate shall appear on the state ballot under the CP Utah banner without the endorsement of the CP Utah. This endorsement must be by a majority yea or nay vote of the delegates at the Party’s Nominating Conventions. Any candidate representing the Party must ultimately receive a majority of the votes. In cases where none of the candidates receive the convention’s endorsement, the Party will not field a candidate in that election district for that particular election.
  2. In all cases the nominating convention delegates will be encouraged to base their endorsement and choice of candidate upon the following criteria:
    1. The candidate’s understanding of correct constitutional principles.
    2. The candidate’s ability to articulate these principles.
    3. The ability to dress and act in a manner that will give credit to the Party when appearing as the Party’s representative in public.
    4. The desire to run for the designated office on the basis of principles rather than
      Personal interests.
  3. Endorsed candidates of the Constitution Party of Utah shall:
    1. Be members of the CP Utah in good standing, as defined in this Constitution and
      Bylaws.
    2. Sign a pledge to abide by the state and national party platforms, except in which
      case they differ, the State Party Platform prevails.
    3. Be evaluated and endorsed by the candidate’s closest locally approved and recognized party affiliate, corresponding to that political race. If no affiliate exists
      The SEC will evaluate and vote on the endorsement.
    4. In election districts where fewer than half of the precincts in that district send delegates to the nominating convention, the endorsement will be made by all the delegates in the entire county or state convention.
    5. For State wide office, endorsement shall be by the state convention. In cases where a vacancy occurs after a state convention, endorsement is to come from the SEC.
    6. Endorsement and support may be withdrawn by a three-fourths vote of the SEC, when in their judgment, the candidate criteria in this Constitution and Bylaws have not been met. Such a candidate shall not use the Constitution Party name and shall be subject to legal action for failure to comply. For this vote the SEC will consist of all County Chairman.
    7. Candidates for Governor and Lieutenant Governor shall run as a joint ticket.
  4. State Chairman shall appoint a candidate to fill the vacancy, which shall be subject to the approval of the SEC, unless such an appointment shall occur at such a time as to not allow sufficient time for the SEC to approve said appointment, in which case the appointment by the State Chairman shall be sufficient without SEC approval.

 

ARTICLE X PRESIDENTIAL ELECTORS

  1. Presidential Electors shall be appointed by the State Chairman and are subject to
approval by the SEC.
  2. Presidential Electors are pledged to cast their votes in the Electoral College for the
Constitution Party’s candidates for President and Vice President of the United
States.
  3. Should a vacancy in the office of Presidential Elector occur by reason of death, refusal to act, failure to attend, ineligibility, or any other cause, the State Chairman shall appoint an elector to fill the vacancy, which shall be subject to the approval of the SEC, unless such an appointment shall occur at such a time as to not allow sufficient time for the SEC to approve said appointment, in which case the appointment by the State Chairman shall be
sufficient without SEC approval.

 

ARTICLE XI PARTY WEBSITE

The State Chairman shall establish procedures to safeguard website programming access

 

ARTICLE XII NEWSLETTER

The newsletter of the Constitution Party of Utah shall be published on a periodic basis

  1. The names of delegates, candidates, and elected party officers shall be printed in the first edition of the newsletter published after the convention.
  2. The content of the articles and information contained in the newsletter shall be subject to the oversight of the SEC.

 

ARTICLE XIII AMENDMENTS

Amendments to the State Party Constitution and Bylaws shall be made by a two-thirds vote of attending State Convention Delegates.

  1. The Constitution and Bylaws, including any proposed changes, shall be provided to the convention delegates at least 10 days prior to the Convention.
  2. The State Party Platform, including any proposed changes, shall be sent to convention delegates 10 days prior to the Convention.
  3. Adoption of changes to the Constitution Party of Utah Platform will be by a two-thirds vote of attending State Convention Delegates.