Bylaw 5 revisions

For presentation to the Central Committee February 21, 2009.

Proposed Amendment Precluding Candidate Public Support of Party Nominee Opponents

Proposed additions are indicated in bold underlined text, and proposed deletions are indicated in strikethrough text.

The intent of this amendment is to clarify and revise the accountability required of higher level Party officers (those who are members of the Party Central Committee), standing committee members, and candidates.

Article I ­ General

B. Purpose   These Bylaws are designed to establish specific procedures and rules which will be followed by the Utah County Republican Party (“Party”) in performance of its responsibilities. The Bylaws will provide either specific instructions or general guidelines to be followed, as may be most appropriate.

Article II Bylaw 5 ­ Republican Party Accountability

1. Definitions. For purposes of this Bylaw, the following terms shall have the meanings set forth below.

1. “Delegates” shall mean all delegates to the State or County Party Conventions, regardless of how they became delegates.

2. “Party Officers” for the purposes of this Bylaw shall mean only those Party officers who are members of the Party Central Committee (Voting Precinct Chairs and Vice-chairs; Legislative District Chairs, Vice-chairs, and Education Officers; and the nine County-wide Party officers who compose the Steering Committee).

3. “Publicly supports” and “publicly supporting” includes, but is not limited to, such things as giving written or oral public endorsements, posting signs, allowing the use of the person’s name in campaign literature, writing letters to the editor, providing money or in-kind contributions.

4. “Standing Committee Members” shall mean the members of those standing committees established by the Party constitution.

B. Acceptance of Requirements. Elected and Appointed All Party Officers, Delegates, and Standing Committee Members--by assuming such office, delegate position, or committee membership-- - All elected and appointed Party officers, including County Party Chair, Vice-Chair, Treasurer, Secretary, and appointed Officers and Committee Members; all Legislative District Chairs, Vice-Chairs, Education Officers and Committee members; all Voting Precinct Chairs, Vice-Chairs, Secretaries, Treasurers, and Committee Members; and members of any other standing and/or ad hoc committees shall, upon assuming office, agree to:

1. Fulfill their respective obligations and responsibilities specified in the Utah County Republican Party Constitution and Bylaws.;

2. Refrain (a) from running as a non-Republican in a partisan race; (b) from pPublicly supporting the opponent of any Party nominee; and (c) prior to selection of the Party’s nominee, from publicly supporting any opposition party candidate for any office for which the Party may select a nominee and for which one or more persons has filed to run as a Republican. only Republican candidates for partisan public office. Any Party officer, Delegate, or Standing Committee Member who publicly supports or runs as a non-Republican Party candidate in a partisan race does not so refrain is will be subject to removal for cause from the position that person holds. his/her elected or appointed office. (“Publicly supports” includes such things as, but is not limited to, giving written or oral public endorsements, posting signs, allowing the use of the officer’s name in campaign literature, writing letters to the editor, providing money or in-kind contributions.)

C. Party Officers Running for Partisan Public Office. Any Party Officer who files for any partisan public office shall give the Executive Committee written notification of the filing 3. Submit in writing to the Executive Committee, upon filing for any partisan public office, notification of said filing and to and take a lLeave of aAbsence until no longer a candidate for partisan public office. During the lLeave of aAbsence, the Elected or Appointed Officer will retain all Convention voting privileges associated with the delegate status of the office. However, all obligations and responsibilities specified for the office shall revert to the remaining officer holders for the organization, precinct, or district, but the Party Officer, if a delegate by virtue of the office held, remains a delegate.

D. Party Officers Elected to Partisan Public Office. Party Officers, upon assuming any partisan public office, automatically relinquish 4. Resign from their Utah County Republican Party office position. upon being elected to a partisan public office.

2. E. Candidates for Public Office. –

1. All Republican candidates who have declared their intention to seek a partisan elected office, county office or legislative office within Utah County, shall do the following: be requested

1. to m Meet with the Steering Committee, or its designee, prior to the nominating convention to discuss written instructions, approved in advance by the Executive Committee, regarding be briefed concerning the Party’s procedures, platform, and standards of and candidates willingness to adhere to: 1. F fitness for public office, and actions that may be taken against the candidate for failure to abide by the standards of fitness for public office. The Party’s standards of fitness for public office including but not limited to consist of maintaining the highest degree of honesty, morality, and integrity and refraining from any conduct which would cause embarrassment to the Party; and 2. Publicly support only Republican candidates for partisan public office; and

2. Agree to adhere to the Party’s standards of fitness for public office; and

c. Agree, for the current election cycle, to refrain (i) from publicly supporting the opponent of any Party nominee, and, (ii) prior to selection of the Party’s nominee, from publicly supporting any opposition party candidate for any office for which the Party may select a nominee and for which one or more persons has filed to run as a Republican.

2. Failure to Meet Requirements. In the event a candidate refuses to meet with the Steering Committee or its designee as required, refuses to agree to abide by the standards of fitness for public office, materially deviates from those standards during the campaign or while in office, or refuses to agree to refrain for that election cycle from publicly supporting the opponent of any Party nominee, the Party may withdraw its support and communicate the same to all voting delegates prior to the convention, and may take any other action consistent with this Bylaw.

3. After the Utah County Republican Party has a nominee, any elected office holder or candidate who supports (i.e. money or in kind contributions, posting signs, public endorsements, etc.) or runs as a non Republican Party candidate will be ineligible to run as a Republican during the next election cycle for any Utah County Republican Party office or partisan elected office nominated by the Utah County Republican Party.

4. Each candidate shall be briefed concerning Party procedures, platform, and actions for any candidate's failure to abide by these standards. In the event a candidate refuses to meet with the Steering Committee, refuses to agree to abide by these standards, or materially deviates from these standards during the campaign, the Party may withdraw its support and communicate the same to all voting delegates prior to the convention, or take any other action consistent with this Bylaw.

F. Disqualification from Running in the Next Two-year Election Cycle. The following will be ineligible during the next two-year election cycle to run for, or be appointed to fill a vacancy in, (i) any Party office, (ii) any delegate position in the Party, (iii) any Standing Committee, and (iv) any partisan elected office nominated by the Party:

1. Any person who runs for partisan elected office as a non Republican Party candidate;

2. Any candidate, Party Officer, or Standing Committee Member who, after the Party has a nominee, publicly supports the opponent of any Party nominee, or who, prior to selection of the Party’s nominee, publicly supports any opposition party candidate for any office for which the Party may select a nominee and for which one or more persons has filed to run as a Republican; and

3. Any Party Officer, Delegate, or Standing Committee Member who is removed for cause.

C. G. Neutrality Requirement. County Party Officers   All county level Party officers including t The County Chair, Vice Chair, Treasurer, Secretary; , and the five Appointed Officers; must show pre convention and primary neutrality toward Republican candidates for public office where Republican opposition exists. Such things as, but not limited to, written endorsements, the use of officers' names in campaign literature, and letters to the editor favoring one Republican candidate over another are prohibited for these officers until the Party has chosen a nominee for the office in question. All other Party Officers at the Legislative District and Precinct levels are not subject to the neutrality requirement, but may not use their party office titles either verbally or in writing in any campaign endorsement materials or public statements for any Republican candidates for public office where Republican opposition exists. in pre primary elections.

D. H. Procedure for Disciplinary Action Against Party Officers, and Delegates, and Standing Committee Members. Accountability   

1. Any member of the County Central Committee may file with the Executive Committee a written and signed complaint containing specific allegations that a Party oOfficer, or a dDelegate, or a Standing Committee Member has violated these standards. The Executive Committee must act upon any such complaint in a timely manner, including the possibility of removal for cause, as specified in Article III.G.2.d. of the Constitution.

2. The Central Committee may discipline any Party oOfficer or dDelegate, or Standing Committee Member without prior action by the Executive Committee, by a two-thirds majority vote as specified in Article III.G.1.i. of the Constitution.

3. Any officer or delegate removed for cause shall be ineligible to hold Party office or delegate position in the next election cycle.