These proposed amendments to the By-laws add significantly to the current By-laws.  That is because our current By-laws are woefully inadequate.  In many ways our current By-laws fail to establish a working framework for the operation of Party business and fail to clearly define the duties, powers and limitations of officers and committees.  As a result, our By-laws fail to reach a level of legal sufficiency that would normally be incumbent upon even the most rudimentarily organized non-profit membership corporation.  The amendments proposed below go a long way toward correcting those problems.

 SANPETE COUNTY REPUBLICAN PARTY BY-LAWS

(as proposed to be amended)

 A.  AUTHORITY:  These By-Laws are established under authority granted in the Constitution of the Sanpete County Republican Party and in accordance with the Laws of the State of Utah.

 B.  PURPOSE:  these By-Laws establish specific procedures and rules to be followed by the Sanpete County Republican Party in the performance of its various duties and responsibilities.

 Commentary: Minor changes in the above.  In B. a loophole is tightened that could allow interpretation of the By-laws as being merely “guidelines” rather than the rules of the Party if leadership were to so choose.

 Strike the language of Article I (C) of the current By-laws and substitute language therefore as follows:

C.  METHOD OF APPROVAL OF AMENDMENTS AND RESOLUTIONS:  Any member of the Party in good standing may propose amendments to the Constitution, the By-Laws, or propose resolutions that establish or change Party policy.  Any such that are proposed by a Party Member and submitted in a timely manner as set forth below shall be placed on the agenda of the next regularly held noticed meeting of the CDC and shall there be considered and acted upon.  The procedure for submittal of amendments and resolutions is as follows:

1.  All proposed amendments and resolutions shall be submitted in type-written, double-line spaced form and shall contain the title of the proposed amendment and the name of the Party member or members requesting the proposed action.

2.  Proposed amendments and resolutions must be submitted not less than thirty days in advance of any meeting of the CDC at which the proposed amendment or resolution will be acted upon.  Proposed amendments or resolutions received less than six weeks before a CDC meeting will be held over for action at the next general meeting of the CDC following the current scheduled meeting.  Submittals by persons other than Party officers or Delegates may be made to any Party officer or Delegate.  Delegates, upon motion and second and majority vote at any meeting of the CDC, may waive the six-week time limitation and take action on amendments and resolutions as they see fit, including amendments and resolutions proposed from the floor.

3.  Officers or delegates receiving proposed amendments or resolutions or proposing amendments or resolutions for themselves shall forward the same in a timely manner to the County Secretary/Treasurer.  The Secretary/Treasurer shall log the receipt of the same into the Permanent records of the Party by annotating the title, sponsors’ name, and date of receipt thereof into a record of proposed amendments and resolutions.  The Secretary/Treasurer shall make copies of the proposed amendment or resolution and forward the same to members of the Steering, Executive, and Central Committees.  The Secretary/Treasurer shall enter all proposed amendments and resolutions that are timely submitted onto the agenda of the next scheduled noticed meeting of the CDC and shall include a copy of the proposed amendment or resolution with the mailing of the Notice of Meeting to all members of the CDC.

4.  Prior to any noticed meeting of the CDC, the Executive, Steering and Central Committees shall review any and all proposed amendments and resolutions and, if they so choose, shall provide the CDC with that Committee’s opinion and recommendation in regard to the same.  In the event any committee makes a recommendation upon less than a two-thirds (2/3) majority vote, the dissenting committee members shall have the right to submit a dissenting opinion and recommendation.  All committee recommendations and dissenting recommendations shall be forwarded to the Secretary/Treasurer prior to the meeting at which action is to be taken on the proposed amendment or resolution and copies thereof given to the Delegates before the meeting begins.  Additionally, such committee recommendations shall be read to the CDC by the person conducting the CDC meeting at time the proposed amendment or resolution is called before the CDC for action. 

5.  Any Permanent Committee shall have the right to submit proposed amendments or resolutions to the CDC on the same basis as is set forth in this Article I, C.

6.  The Sponsor(s)s of any amendment or resolution shall have the right to publish, at their own cost, a single statement containing their arguments in favor of an amendment or resolution and to have the published statement included in an information packet which shall be given to all delegates and officers attending any noticed meeting of the CDC.  Opponents, to any amendment or resolution, acting collectively, shall have the same right.  Such statements shall be submitted to the Secretary/Treasurer not less than three business days prior to the date of any noticed meeting of the CDC.

7.  LIMITATION OF DEBATE:  Unless these limitations are suspended by majority vote upon motion at any meeting, upon the calling of any particular amendment or resolution for consideration before the CDC, one (1) appointed spokesperson of the sponsor(s) shall be given five (5) minutes to speak in favor of the proposed amendment or resolution.  Following the proponent spokesperson, one (1) appointed spokesperson in opposition shall be given not more than five (5) minutes to speak in opposition to the proposed amendment or resolution.  Proponent and opponent speakers may only speak one time and may not reserve their time for rebuttal or assign their time to another speaker.  Following the proponent and opposition speeches, in alternating sequence, up to three additional proponents and opponents respectively shall be allowed not more than two (2) minutes each to present supporting and opposing arguments.  Proponent and opponent speakers may only speak one time and may not reserve their time for rebuttal or assign their time to another speaker.  At the end of their arguments, debate shall be deemed closed on the issue and a vote of the CDC taken upon the proposed amendment or resolution.

Commentary: This is a major revision of the By-laws and charts a new course for the overall philosophical tone and mind-set of the Party.  Our party is out-of-step with the State party in this matter.  The State party has Bylaws that provide exactly the same type of proceedure for amendments and resolutions while the Constitution and Bylaws of the county party exclude these rights and require filtering of all such proposals through the Executive and Central Committees before they can be brought before the Delegates for consideration and a vote.  Three years ago a proposal by party leadership to make the State’s Bylaws similar to ours was roundly defeated by State Delegates, who saw leadership’s proposal as a power grab that would take away delegate’s rights.

This amendment, along with the proposed new provisions of the amended Constitution, assures that this Party is and always will be a Party where power is derived from its members, not from its leadership.  This proposed amendment drives the final nail in the coffin of the dangerous “top-down” power structure currently institutionalized in the Party’s Constitution and By-laws.  It provides for not only the right of members of the party to propose amendments and resolutions, a right reserved only to the Central Committee in the current Constitution and reinforced by Article I (C.) of the By-laws, but establishes very specific procedures designed to carry out the intent of the amendment. 

 Strike the language of Article II and substitute language therefore as follows:

 A. All Officers of the Party shall have an ethical duty to support and vote for qualified candidates for statewide office who reside in Sanpete County.  In the case of two or more Sanpete County candidates running against candidates from other counties, executive officers shall impartially support the Sanpete County candidates over candidates from other counties.

 Commentary:  This obligation applies primarily to elections for Statewide office, and specifically to the offices of State Representative and State Senator.  The name of our Party is the Sanpete County Republican Party.  It’s not called the Utah Republican Party located in Sanpete County.  The core purpose of our party is to elect Sanpete County Republicans to party office.  If someone is simply a member of the Republican Party and not an elected officer of the Sanpete County Republican Party, there would be no incumbent obligation to support candidates from our county.  But if one is elected by Sanpete Republicans to represent them as an Officer of the Sanpete County Republican Party, that person has an ethical duty to those who elected him or her to support and vote for Sanpete County candidates over candidates residing in any other county.   

 B.  Officers of the Party shall provide, without discrimination or restriction, open and equal access to party information, membership rolls, mailing lists (including email addresses), and services within the Officer’s responsibility to any Party member standing for election to any local, countywide or statewide political or Party office. 

 C.  COUNTY CHAIRPERSON (Chairperson):  Duties and powers of the Chairperson are as follows:

1.  The Chairperson shall organize, in accordance with the Party Constitution and these by-laws, the Conventions of the party and shall preside at and conduct all Conventions of the party and all noticed regular or special meetings of the CDC unless, on a case by case basis, the CDC, by majority vote, elects to appoint another person to preside at any particular Convention or meeting. 

2.  The Chairperson shall be the Chief Spokesperson for the Party.  In so acting, the Chairperson, in the name of the Party, may communicate to the media, verbally or in writing, the official statements, positions, endorsements or opinions of the party as passed by resolution of the CDC.  In all other instances, the statements of the Chairperson shall be identified as his personal statements or opinions as distinguished from the official statements, endorsements, positions, or opinions of the Party.

3.  The Chairperson shall direct and oversee the fundraising activities of the Party.

4.  The Chairperson, with oversight by the Central Committee, shall administer the funds of the Party in accordance with generally accepted accounting procedures, the provisions of the Party Constitution, and these by-laws, and shall conduct the day-to-day business of the Party.

5.  The Chairperson shall identify and recruit qualified Republican candidates residing in Sanpete County to stand for election to County and State offices. 

6.  The Chairperson shall have a good faith ethical duty to place the best interests of the Sanpete County Republican Party ahead of all other interests in his dealings in the Party’s behalf.

7.  The Chairperson shall have a good faith high fiduciary duty to the Party in administering and dispensing the funds of the Party.

8.  The Chairperson shall have a good faith ethical duty of equality and impartiality in regard to dealing with multiple members of the Party who may be standing for the same elective office.

9.  The Chairperson shall act as the Director of the Steering Committee.

10.  The Chairperson shall Delegate and assign duties to the Vice-Chairperson as necessary and as may be authorized in the Party Constitution and these by-laws.

11. The Chairperson shall serve as a member of the Central Committee.

 Commentary: it is the ordinary and common function of By-laws that they clearly define the duties of organization officers.  Our current By-laws contain no such definition.  These proposed By-laws correct that oversight in regard to the Chairperson and all other officers.

D.     COUNTY VICE-CHAIRPERSON:  The duties and powers of the Vice-Chairperson are as follows:

1.  In the event the Chairperson resigns, is incapacitated, or is removed from office, the Vice-Chairperson shall, without further election, assume the office of Chairperson and shall serve in the Capacity of Chairperson until a new Chairperson can be duly elected by the CDC.

 2.  Upon assumption of the office of Chairperson, the Vice-Chairperson shall have all the duties, powers and obligations of the office of Chairperson.

 3.  While serving as Vice-Chairperson, the Vice-Chairperson shall have the same ethical and fiduciary duties as are defined herein for the office of Chairperson.

 4.  The Vice-Chairperson shall serve and assist the Chairperson in carrying out the business of the Party.

 5.  The Vice-Chairperson shall act as Parliamentarian at all conventions and committee meetings of the party.

 6.  The Vice-Chairperson shall serve as a member of the Steering Committee, the Executive Committee and the Central Committee

E.   SECRETARY/TREASURER:  The duties and powers of the Secretary/Treasuer shall be as follows:

 1.  To receive and collect monies paid to the Party

 2.  To maintain the books, records, and funds of the Party in accordance with Generally Accepted Accounting Procedures.

3.  To prepare accurate annual financial reports and balance sheets to be forwarded the Central Committee for review by them at their regular six month meetings, to the CDC at their annual conventions, and additionally as may be required by the Chairman or the permanent committees of the Party 

 4.  To maintain in a current manner the membership rolls of the party. 

 5.  To take and maintain detailed and accurate minutes of the Party’s Conventions and meetings of its Permanent Committees.

 6.  To record and forward to the appropriate officers and to the CDC any and all proposed amendments and resolutions submitted for consideration by the Party in accordance with the provisions of the Party’s Constitution and these By-laws.

 7.  To create and mail notices of meetings and conventions in accordance with the provisions of the Party’s Constitution and these by-laws.

 8.  To prepare Delegate information packets for Conventions and meetings of the CDC.

 9.  To prepare and distribute agendas of Permanent Committee Meetings to all members entitled to vote thereat.

 10.  To assist the Chairperson in the fulfillment of his or her duties.

 11. To serve as a member of the Steering Committee, as a member of the Executive Committee, and as a member of the Central Committee.

F.   ADMINISTRATIVE AREA CHAIRPERSON:  The duties and powers of the Administrative Area Chairperson shall be as follows:

 1.  Direct the Party’s affairs within their respective Administrative Area.

 2.  Supervise assigned Voting Precinct Chairpersons to assure success of party programs.

 3.  Provide communication between the Permanent Committees and Voting Precinct officers.

 4.  Preside over Administrative Area caucuses.

 5.  Identify and recommend to the Permanent Committees the locations for Mass Meeting Caucuses within their Administrative Area.

 6.  Serve as a member of the Central Committee and as a member of the Executive Committee.

G.  ADMINISTRATIVE AREA VICE-CHAIRPERSON: 

 1.  To support and assist the Administrative Area Chairperson in the fulfillment of his/her duties.

 2.  In the event of the retirement, incapacity, or removal of the Administrative Area Chairperson, to assume the office of Administrative Area Chairperson until such time as the CDC can elect a new Administrative Area Chairperson.

 3.  To serve as a member of the Executive Committee and as a member of the Central Committee.

H.  VOTING PRECINCT CHAIRPERSON:  The duties and powers of the Voting Precinct Chairperson shall be as follows:

 1.  To direct Party affairs within their respective Voting Precinct.

 2.  To preside at their Precinct’s Mass Meeting Caucus.

 3.  To oversee and direct fund-raising in the Precinct.

 4.  To serve as a member of the Central Committee.

I.  VOTING PRECENCT VICE-CHAIRPERSON:  The duties and powers of the Voting Precinct Vice-Chairperson shall be as follows:

1.  To assist the Precinct Chairperson.

2.  In the event of the absence, resignation, incapacity, or removal of the Precinct Chairperson, to fulfill the duties of the Chairperson.

3.  To serve as a member of the Central Committee.

J.   PRECINCT SECRETARY/TREASURER:  The duties and powers of the Precinct Secretary/Treasurer shall be as follows:

1.  To maintain accurate minutes of the Mass Meeting Caucus.  To record attendance, verify Party membership of attendees and record the results of all votes taken thereat.

2.  To assist the Precinct Chairperson.

 K.  PARLIAMENTARIAN:  Unless another person is chosen by majority vote of the members of any Permanent Committee or of the CDC, on a meeting to meeting basis, the County Vice-Chairperson shall act as the Parliamentarian at Permanent Committee meetings and Conventions.  In the event the Vice-Chairperson is acting in behalf of an absent or non-participating Party Chairman, The body holding the meeting shall appoint a Parliamentarian at the beginning of the meeting or convention by majority vote.  In Voting Precinct Mass Meetings, the person elected Vice-Chairman shall be deemed to be the Parliamentarian unless the members present, by majority vote, designate another person to act as Parliamentarian

 Rename Article II of the current By-laws to Article III and amend as follows:

            The allocation of Delegate positions and County Representative(s) to the State Republican Party Central Committee in Sanpete County shall made as follows:

 A.  State Delegates:

1.  The Utah State Republican Party CENTRAL COMMITTEE allocates the number of State Delegate positions to each county.

2.  Allocation of Delegate positions within the county is made as follows:

a.  At-large Delegates shall be set at four.

          1)  Executive Committee, OR NEXT

2)   County elected member(s) of State Central Committee,   OR NEXT

3)   Administrative Area Chairpersons,

4)  Additional delegates based on Republican percent of vote cast according to 20A-5-201 of the Utah State Code (votes cast for Attorney General, State Auditor, State Treasurer and Governor.

 b.  Voting Precinct Delegates:

1)   Each voting precinct shall elect one delegate and one alternate from party members present at their Mass Meeting Caucuses, whom commit to attend both the following State Nominating Convention and State Organizing Convention, to be State Delegates to said conventions.

2)   Remaining delegate positions shall be made among precincts according to 20A-5-201 of the Utah State Code.

3)   When an alternate is needed, and an elected alternate is not available, the responsibility falls to the Administrative Area Officers or a nearby precinct alternate.

B.  County Delegates:  The Sanpete County Republican Party Central Committee, acting under authority of its County Delegate Council, shall allocate the number of County Delegate positions to the county convention(s) as follows:

1.  The State Republican Party Rules allocate the number of County Delegate positions to the County Convention.

2.  The allocation of delegate positions is made as follows:

a.  At-large Delegates shall be set at 20.

1)  Executive Committee, NEXT

2)  Administrative Area Officers, NEXT

3)  Republican State Senators and Representatives residing in Sanpete County, NEXT

4)  Republicans elected to countywide office, NEXT

5)  additional  percent of votes cast according to 20A-5-201 of the Utah State Code (Votes cast for Attorney General, State Auditor, State Treasurer and Governor), NEXT

5)  State Republican elected officials residing in Sanpete County.

b.  Voting Precinct Delegates

1)  Two delegate positions allocated to each VOTING PRECINCT.

2)  The following allocation shall be made among the voting districts according to 20A-5-201 of the Utah State Code (votes cast for Attorney General, State Auditor, State Treasurer and Governor):

 Republican votes cast                                    # of delegates per precinct

            0000 – 0300                                                            2

            0301 – 0400                                                            3

            0401 – 0500                                                            4

            0501 – 0600                                                            5

            0601 – 0700                                                            6

            0701 – 0800                                                            7

            0801 – 0900                                                            8

            0901 – 1000                                                            9

            1001 – 1100                                                            10

An additional delegate for each 100 votes cast or part thereof

C.  State Central Committee Members:

1.   The Utah State Republican Party allocates the number of State Central Committee Members.

2.   The allocation of positions from Sanpete County is made as follows:

a.  At Large:  County Chairman and Vice Chairman,

b.  Elected:  County Representative(s) as shall be elected by the County Delegates in accordance with the Party’s Constitution and these By-laws.

 Amend the Current By-laws by adding a new Article IV as follows:

A.  The Steering Committee shall provide written notice of all conventions, special meetings of the CDC and all Permanent Committee meetings as follows:

1.  CONVENTIONS:  A Thirty (30) day prior written notice of the date, time and location of the convention by the Steering Committee shall be required.  Said notice shall include a copy of the proposed agenda for the convention and all proposed amendments to the Constitution, the Party’s By-Laws, and resolutions scheduled to be acted upon at the convention.  A second notice containing just the Agenda shall be sent two-weeks prior to the date of the Convention.  Notices shall be sent via first-class U.S. mail to all parties entitled to attend and vote thereat.

2.  SPECIAL MEETINGS OF THE CDC:  Ten (10) days prior written notice of the date, time, location and proposed agenda of business to be conducted shall be required.  Notice shall include copies of all proposed amendments to the Constitution, the Party’s By-Laws, and resolutions to be acted upon at the Special Meeting.  Notices shall be sent via first-class U.S. mail to all parties entitled to attend and vote thereat.  In addition to the written notice, a telephonic contact with Delegates entitled to attend and vote thereat shall be made at least two (2) days in advance of any Special Meeting advising Delegates of the location, date, and time, of the meeting.

3.  REGULAR PERMANENT COMMITTEE MEETINGS: Two weeks prior written notice of the date, time, location and proposed agenda of business to be conducted thereat, including copies of proposed amendments to the Constitution, the Party’s By-Laws, and resolutions to be presented before the committee for the committee’s recommendation to the CDC in regard thereto.  Notices shall be sent via first-class U.S. mail to all parties entitled to attend and vote thereat.

4.  SPECIAL PERMANENT COMMITTEE MEETINGS:  Seven days prior written notice of the date, time, location and proposed agenda of business to be conducted at the Special Meeting.  Notice shall include copies of proposed amendments to the Constitution, the Party’s by-laws, and resolutions to be presented before the committee for the committee’s recommendation to the CDC in regard thereto.  Notices shall be sent via first-class U.S. mail to all parties entitled to attend and vote thereat.

B.     The Secretary/Treasurer shall maintain copies of and a record of mailing of all notices called for in this Article IV in the permanent records of the Party.

 Commentary: The current Constitution and By-laws are completely silent on the issues of meeting dates and notice requirements.  This is a serious oversight.  Delegates to the 2005 Organizing Convention were given only a one-week notice of the date and time of that convention.  This was not nearly enough.  As a result, a number of Delegates could not attend.  Delegates and committee members deserve to have adequate notice of meeting times and dates so that they can accommodate Party meetings into their busy schedules.  Additionally, by establishing reasonable notice requirements, it prevents any future leadership from the manipulating attendance for their own purposes by manipulating the timing of meeting notices.

 Amend the Current By-laws by adding a new Article V as follows:

A.  Voting Precinct Mass Meeting Caucuses:  The Voting Precinct Chairperson shall preside.  After calling the meeting to order, the Secretary/Treasurer shall read the minutes of the previous Mass Meeting Caucus.  The Chairperson shall then call for any corrections or amendments and then call for the approval of the minutes as read or as amended.

1.   Election of Officers:  The next order of business of the Caucus shall be the election of Voting Precinct Officers. Only duly registered members of the Republican Party entitled to vote in the next general election shall be entitled to vote.  The Chairperson shall have voter registration cards available at the meeting.  If any person present is not currently a registered Republican residing in the Voting Precinct, but wishes to register in order to vote at the Mass Meeting Caucus, the Chairperson shall furnish the person(s) a voter registration card, and once it has been filled out, signed, and received by the Chairperson, the Chairperson shall permit such persons to vote at the Mass Meeting Caucus.

a.   Election Procedure – Chairperson and Vice-Chairperson:  The Chairperson shall call for nominations to the position of Voting Precinct Chairperson.  All nominations must be seconded by someone other than the nominating party.  Any person nominated may decline to have their name placed in nomination. After all nominations have been received and seconded, the Chairperson shall give each nominee the opportunity to respond to their nomination.  Following the nominees’ speeches, the Chairman shall open the meeting to discussion by all attendees.  After reasonable time has been had for discussion, the Chairman shall call for a vote.  If only one person has been nominated, voting by acclamation shall be permitted.  If two or more persons have been nominated, the vote shall be conducted by secret ballot.  Once ballots have been completed and collected, they shall be counted.  The votes shall be tallied in open meeting by the Voting Precinct Officers.  The person receiving a majority of votes of attendees shall be elected Chairperson.  If a majority of votes is not had by any candidate in the first round of voting, the person receiving the least number of votes in that round shall be dropped and another round of voting conducted.  This process shall continue until one candidate has received a majority of votes of persons in attendance.  Once a Chairperson has been elected, the person receiving the second highest tally of votes will be deemed to have been elected as Vice-Chairperson, unless that person declines, in which case the office shall fall to the person receiving the third highest tally of Votes, etc., until a Vice-Chairperson has been selected and has accepted the election to office.  Immediately following the election, the new Voting Precinct Chairperson shall assume their office and shall thereafter preside at the Caucus meeting.

b.  Election Procedure Precinct – Secretary/Treasurer:  Immediately following election of the Chairperson and Vice-Chairperson, Election to the office of Voting Precinct Secretary Treasurer will be held.  The election shall be conducted in like manner as the election of Chairperson.  The person receiving a majority vote of attendee in any voting round shall be declared the winning candidate.  The winning candidate shall immediately assume their office and perform the duties of Secretary/Treasurer.

c.   Election Procedure – County Delegates:  At or before the Caucus, Candidates shall declare to the Precinct Chairperson their intent to stand for election as a County Delegate.  The Chairperson shall announce the name(s) of all persons standing for election to the office of County Delegate and open nominations for any other candidates wishing to run.  Once all candidates have declared their candidacy or been nominated, each Candidate shall be given time not exceeding five (5) minutes to make a speech regarding their candidacy.  After the candidates’ presentations, voting shall be conducted by secret ballot for each respective County Delegate position available.  Votes shall be tallied in open meeting by the Voting Precinct Officers.  The person receiving a majority of votes of attendees shall be elected to the office of County Delegate.  If a majority of votes is not had by any candidate in the first round of voting, the person receiving the least number of votes in that round shall be dropped and another round of voting conducted.  This process shall continue until one candidate has received a majority of votes of persons in attendance.  Following voting for County Delegates, the Chairperson shall tally the cumulative vote totals of the unsuccessful candidates from both County Delegate elections.  The unsuccessful candidate receiving the highest tally of cumulative votes cast shall be declared the First Alternate Delegate and the unsuccessful candidate receiving the next highest cumulative vote total shall be declared the Second Alternate Delegate.

d.  Election Procedure – State Delegate(s):  At or before the Caucus, Candidates shall declare to the Precinct Chairperson their intent to stand for election as a State Delegate.  The Chairperson shall announce the name(s) of all persons standing for election to the office of State Delegate and open nominations for any other candidates wishing to run.  Once all candidates have declared their candidacy or been nominated, each Candidate shall be given time not exceeding five (5) minutes to make a speech regarding their candidacy.  After the candidates’ presentations, voting shall be conducted by secret ballot for each respective State Delegate position available.  Votes shall be tallied in open meeting by the Voting Precinct Officers.  The person receiving a majority of votes of attendees shall be elected to the office of State Delegate.  If a majority of votes is not had by any candidate in the first round of voting, the person receiving the least number of votes in that round shall be dropped and another round of voting conducted.  This process shall continue until one candidate has received a majority of votes of persons in attendance.  Nothing in these By-laws shall be construed as preventing any person from being elected and serving as both a County and a State Delegate.  If more than one State Delegate is to be elected, Voting and Election shall follow the same procedure for each.  Following voting for State Delegate(s), the Chairperson shall tally the vote totals of the unsuccessful candidates for State Delegate.  The unsuccessful candidate receiving the highest tally of cumulative votes cast shall be declared the Alternate State Delegate and the unsuccessful candidate receiving the next highest cumulative vote total shall be declared the Second Alternate Delegate

2.  Alternate Delegates:  In the event an elected Delegate cannot or does not attend and vote at any Party meeting at which Delegates are entitled to vote, the First Alternative Delegate shall take the place of the non-attending or non-participating Delegate, or alternatively, if the first Alternative Delegate cannot attend and vote, the second Alternative Delegate shall serve in the First Alternative Delegate’s place.  In the event neither elected Delegate can attend or vote at any such meeting, both Alternative Delegates shall take the places of the elected Delegates.

B.  CONVENTIONS:  Party conventions shall be conducted as follows:

1.  Organizing Convention:  The Chairperson shall preside, unless otherwise provided by majority vote of the CDC on a case-by-case basis.  The Chairperson shall call the convention to order.  The Chairperson shall direct or provide for the recitation of the Pledge of Allegiance to the Flag and the Invocation.  The Secretary/Treasurer shall read the minutes of the previous Mass Meeting Caucus.  The Chairperson shall then call for any corrections or amendments and then call for the approval of the minutes as read or as amended.  The Chairperson shall give opening remarks, recognition to appropriate dignitaries and visitors present, and instructions as to how the convention will proceed.  In the event the Chairperson is standing for reelection at the convention, the remarks shall be brief and non-partisan in regard to his reelection campaign so as to not place any candidate standing for the same office at an unfair disadvantage proximately due to the Chairperson’s undue influence as the incumbent.  The Convention shall thereafter proceed as follows:

 a.  Amendments/Resolutions:  The first order of business will be to act on proposed Constitutional and By-law amendments.  The Secretary shall read a descriptive synopsis of the proposed amendment, whereupon the Chairperson shall call for debate thereon.

 i.   Limitation of Debate:  Unless these limitations are suspended by majority vote upon motion at any meeting, upon the calling of any particular amendment or resolution for consideration by Delegates, one (1) appointed spokesperson of the sponsor(s) shall be given five (5) minutes to speak in favor of the proposed amendment or resolution.  Following the proponent spokesperson, one (1) appointed spokesperson in opposition shall be given not more than five (5) minutes to speak in opposition to the proposed amendment or resolution.  Proponent and opponent speakers may only speak one time and may not reserve their time for rebuttal or assign their time to another speaker.  Following the proponent and opposition speeches, in alternating sequence, up to three additional proponents and opponents respectively shall be allowed not more than two (2) minutes each to present supporting and opposing arguments.  Proponent and opponent speakers may only speak one time and may not reserve their time for rebuttal or assign their time to another speaker.  At the end of their arguments, debate shall be deemed closed on the issue and a vote of Delegates taken upon the proposed amendment or resolution.  Voting shall be conducted in accordance with Robert’s Rules of Order with the Constitutionally required majority necessary for passage.  Amendments or resolutions passed shall take immediate effect.

b.  Order of Elections:  The next order of business shall be the election of Party Officers.  The order of election shall be:

i.   Chairperson.

ii.   Vice-Chairperson

iii.   Secretary/Treasurer

iv.  Administrative Area Chairperson(s)

v.   Administrative Area Vice-Chairperson(s)

vi.  County Representative(s) to the Utah Republican Central Committee

c.  Nominations:  Nominations for candidates shall take place at the beginning of the period established by the order of vote for the election to that particular office.  Candidates for the offices of Chairperson, Vice-Chairperson, Secretary Treasurer and County Representative respectively must be nominated and seconded.  Nomination speeches shall be limited to two (2) minutes.  Seconding speeches shall not be allowed.  After allowing a reasonable time for all nominations to take place, the Chairperson shall announce that nominations shall close in thirty (30) seconds, and thereafter shall so close nominations if no other person comes forward.

d.  Administrative Area Nominations:  Nominations for the office of Administrative Area Chairperson shall not require nomination from the floor of the Convention, as they have been previously nominated at their Mass Meeting Caucus.  Their names shall simply be announced at the time of the election to that office.  Nominations from the Convention floor for candidates for this office shall be ruled out-of-order, as the Party’s Constitution requires such nominations take place at the Mass Meeting Caucus rather than a Convention.

Commentary: In the 2005 Nominating convention the Constitutional provision for nominating Administrative Area Officers was completely ignored.  Rather than putting forward just the names of Voting Precinct Nominees, as is the Constitutional requirement, the Chairman opened the convention floor to nomination of anyone who wished to run from the Administrative Area.  If challenged, this fact would render that election invalid since it was conducted outside the authority of the Constitution.  To fulfill the intent of the Constitution, Administrative Area officers must be nominated in the Mass Meeting Caucuses, not at a convention.  If it is the will of the CDC that the provision be ignored, we would be better served by amending the Constitution to allow a different form of election and then follow the constitutional procedure.

e.  Campaign Speeches:  Once nominations have closed, or alternatively, after previously nominated candidates’ names have been announced, each candidate, in an order determined by the drawing of lots, shall be permitted five (5) minutes to present their campaign speech.  No further third-party speeches from supporters will be allowed.

f.    Balloting/Vote Count:  Following the end of campaign speeches by candidates in the respective elections, voting shall take place.  Voting shall be by secret ballot and shall be tallied by five (5) independent judges selected by the Central Committee who are not related by blood or marriage to the third degree to any of the candidates in any election for which they will be counting votes.  The five judges shall vote amongst themselves to elect one of them to be the Supervising Judge.  Each candidate shall have the right to have up to three (3) observers present during any ballot count in which votes for the candidate will be counted.  Winners shall be determined as follows:

i.   Two Candidates:  In the case of only two candidates standing for election to any particular office, election shall be by majority vote.

ii.   Three or More Candidates:  If three or more candidates are standing for election to a particular office, cumulative votes shall determine the outcome of the election.  All candidates will be listed on a ballot prepared by the Steering Committee for the election to that particular office.  Delegates shall vote on said ballot for every candidate standing for election by ranking their votes in the order of their preference, with number 1signifying their first preference, number 2 signifying their second preference, etc., until each candidate has been voted upon by Delegates ranking each candidate in each Delegate’s order of preference.  The Chairperson shall allow a reasonable time for all Delegates to complete their ballots before closing balloting and gathering the ballots for the purpose of counting.  When votes are tallied, if one candidate obtains a majority of Delegate votes as first preference votes,  that candidate will be deemed the winner.  If no candidate obtains a majority, the candidate receiving the fewest first preference votes shall be eliminated, and the remaining votes on the ballots stating a first preference for the eliminated candidate will be ranked one step higher. e.g. on the ballots containing first place votes for the eliminated candidate the first place votes will be crossed out and all remaining votes moved up one step in ranking, making the second preference become first and the third preference second, etc.  Whereupon, the votes will be tallied again in a second round of counting.  This process shall continue until one candidate receives a first preference majority vote.  That candidate shall then be declared the winner.

g.  Announcement:  Upon the conclusion of counting in each respective election, The Supervising Judge shall deliver the voting results to the Chairperson, whereupon the Chairperson shall announce the results to the Convention.

h.  Other Business:  Upon the conclusion of voting for officers, the Chairperson shall conduct such other and further business of the Convention as shall have been designated in the Agenda or as the members of the CDC shall agree by majority vote.

 2.  Nominating Convention:  The Chairperson shall preside, unless otherwise provided by majority vote of the CDC on a case by case basis.  The Chairperson shall call the convention to order.  The Chairperson shall direct or provide for the recitation of the Pledge of Allegiance to the Flag and the Invocation.  The Secretary/Treasurer shall read the minutes of the previous Mass Meeting Caucus.  The Chairperson shall then call for any corrections or amendments and then call for the approval of the minutes as read or as amended.  The Chairperson shall give opening remarks, recognition to appropriate dignitaries and visitors present, and instructions as to how the convention will proceed.  In the event the Chairperson is standing for election to political office at the convention, the remarks shall be brief and non-partisan in regard to his reelection campaign so as to not place any candidate standing for the same office at an unfair disadvantage proximately due to the Chairperson’s undue influence as the incumbent.  The Chairperson shall also exercise great care in contested races to be voted upon at the convention not to appear to show preference for, endorse or campaign for any particular Republican candidate contending against another Republican for countywide elective office.  The Convention shall thereafter proceed as follows:

 a.  Amendments/Resolutions:  The first order of business will be to act on proposed resolutions and Constitutional and By-law amendments.  The Secretary shall read a descriptive synopsis of the proposed resolution or amendment, whereupon the Chairperson shall call for debate thereon.

i.  Limitation of Debate:  Unless these limitations are suspended by majority vote upon motion at any meeting, upon the calling of any particular amendment or resolution for consideration by Delegates, one (1) appointed spokesperson of the sponsor(s) shall be given five (5) minutes to speak in favor of the proposed amendment or resolution.  Following the proponent spokesperson, one (1) appointed spokesperson in opposition shall be given not more than five (5) minutes to speak in opposition to the proposed amendment or resolution.  Proponent and opponent speakers may only speak one time and may not reserve their time for rebuttal or assign their time to another speaker.  Following the proponent and opposition speeches, in alternating sequence, up to three additional proponents and opponents respectively shall be allowed not more than two (2) minutes each to present supporting and opposing arguments.  Proponent and opponent speakers may only speak one time and may not reserve their time for rebuttal or assign their time to another speaker.  At the end of their arguments, debate shall be deemed closed on the issue and a vote of Delegates taken upon the proposed amendment or resolution.  Voting shall be conducted in accordance with Robert’s Rules of Order with the Constitutionally required majority necessary for passage.  Amendments or resolutions passed shall take immediate effect.

b.  Order of Elections:  Elections for the respective countywide offices shall be conducted in the following order:

i.    County Commissioner(s) (Elections to be conducted separately)

ii.   County Sheriff

iii.  County Attorney

iv.  County Recorder

v. County Auditor

 c.  Nominations:  The next order of business shall be to open the Convention to nomination of Candidates for countywide office.  Nominations for candidates shall take place at the beginning of the period established by the order of vote for the election to that particular office.  Nomination speeches shall be limited to two (2) minutes.  Seconding speeches shall not be allowed.  After allowing a reasonable time for all nominations to take place, the Chairperson shall announce that nominations shall close in thirty (30) seconds, and thereafter shall so close nominations if no other person comes forward.

 d.  Campaign Speeches:  Once nominations have closed, or alternatively, after previously nominated candidates’ names have been announced, each candidate, in an order determined by the drawing of lots, shall be permitted five (5) minutes to present their campaign speech.  No further third-party speeches from supporters will be allowed.

 e.  Balloting/Vote Count:  Following the end of campaign speeches by candidates in the respective elections, voting shall take place.  Voting shall be by secret ballot and shall be tallied by five (5) independent judges selected by the Central Committee who are not candidates or related by blood or marriage to the third degree to any of the candidates in any election for which they will be counting votes.  The five judges shall vote amongst themselves to elect one of them to be the Supervising Judge.  Each candidate shall have the right to have up to three (3) observers present during any ballot count in which votes for the candidate will be counted.  Winners shall be determined as follows:

i.   Single Candidate:  If only one candidate is nominated, voting shall be by acclamation by voice vote.

ii.  Two Candidates:  In the case of two candidates standing for election to any particular office, election shall be by majority vote.

iii. Three or More Candidates:  If three or more candidates are standing for election to a particular office, cumulative votes shall determine the outcome of the election.  All candidates will be listed on a ballot prepared by the Steering Committee for the election to that particular office.  Delegates shall vote on said ballot for every candidate standing for election by ranking their votes in the order of their preference, with number 1signifying their first preference, number 2 signifying their second preference, etc., until each candidate has been voted upon by Delegates ranking each candidate in each Delegate’s order of preference.  The Chairperson shall allow a reasonable time for all Delegates to complete their ballots before closing balloting and gathering the ballots for the purpose of counting.  When votes are tallied, if one candidate obtains a majority of seventy (70) percent of Delegate votes as first preference votes,  that candidate will be deemed the winner.  If no candidate obtains a seventy percent majority, the candidate receiving the fewest first preference votes shall be eliminated, and the remaining votes on the ballots stating a first preference for the eliminated candidate will be ranked one step higher. e.g. on the ballots containing first place votes for the eliminated candidate the first place votes will be crossed out and all remaining votes moved up one step in ranking, making the second preference become first and the third preference second, etc.  Whereupon, the votes will be tallied again in a second round of counting.  This process shall continue until either one candidate achieves a seventy (70) percent majority in which case that candidate would be declared the winner and Party’s nominee for the General Election, or until two candidates remain, each having less than a 70% majority, in which case the two remaining candidates would qualify to run in the Party’s Primary election.   

f.   Announcement:  Upon the conclusion of counting in each respective election, The Supervising Judge shall deliver the voting results to the Chairperson, whereupon the Chairperson shall announce the results to the Convention.

g.  Other Business:  Upon the conclusion of voting for officers, the Chairperson shall conduct such other and further business of the Convention as shall have been designated in the Agenda or as the members of the CDC shall agree by majority vote.

 Commentary: With the exception the specific wording of certain motions to be made at the Nominating Convention, the current Constitution and By-laws are virtually silent regarding the details of how conventions and caucuses are to be run.  This silence leaves these matters largely to the discretion of the Chairperson.  This oversight is a gaping, wide-open door inviting abuse by future Chairpersons.  The above amendments offer a dependable, predictable and equitable guide for how future conventions and caucuses will be conducted.