James Evans informed the Lieutenant Governor’s office today that under Utah Code 20A-9-406(1) political parties have until 5:00 pm on March 1, 2016 to submit the identity of one or more registered political parties whose members may vote for its candidates. James Evans received a letter from GOP legal counsel (see attached) informing me that until the Utah Republican Party sends its certification letter to the LG’s office, elections officers may not process petition signatures for Republicans.
James Evans informed the Lieutenant Governor’s office today that under Utah Code 20A-9-406(1) political parties have until 5:00 pm on March 1, 2016 to submit the identity of one or more registered political parties whose members may vote for its candidates. James Evans received a letter from GOP legal counsel (see attached) informing me that until the Utah Republican Party sends its certification letter to the LG’s office, elections officers may not process petition signatures for Republicans.
James Evans informed the Lieutenant Governor’s office today that under Utah Code 20A-9-406(1) political parties have until 5:00 pm on March 1, 2016 to submit the identity of one or more registered political parties whose members may vote for its candidates. James Evans received a letter from GOP legal counsel (see attached) informing me that until the Utah Republican Party sends its certification letter to the LG’s office, elections officers may not process petition signatures for Republicans.
Troupis Law Orrice, P.A.
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Carona, AND Haines
January 4, 2016
James Evans, Chairman
Utah Republican Party
117 E. South Temple
Salt Lake City, Utah 84111
Dear Chairman Evans:
You asked me to review the Utah Election law and advise you regarding the interplay of
the laws governing the lieutenant governor's certification of the signatures of Petition signers and
the Party's certification of the registered political parties whose members may vote for the party's
candidates. The cited portions of the following three statutes are relevant to this inquiry
Under §20A-9-406(1), on or before March 1, 2016, the UTGOP must certify to the
licutenant governor the identity of one or more registered political parties whose members may
vote for its candidates.
Under §20A-9-408(8)(b), a member of the UTGOP may seek its nomination for elective
office by collecting signatures of registered voters "who are permitted by the qualified political
party to vote for the qualified political party's candidates in a primary election.”
Under §20A-9-408(9)(d), upon receipt of the signatures collected by eandidates, the
election officer determines whether each signer is a registered voter who is qualified to sign the
petition; and thereafter notifies the UTGOP and licutenant governor of the names of qualified
nominees of the Party.
‘The UTGOP's duty under the law is to certify by 5 P.M. on March 1, 2016, which party
or parties may vote in its primary. The Party has no duty to submit this certification prior to that
date. In addition, since the Party's membership rules have been amended, until the UTGOP
completes its membership verification, and thereafter submits its certification, it will not be
possible for County Clerks to validate signatures, or for the lieutenant governor or County Clerks
to certify any UTGOP candidate as having met the required signature threshold. Because the
Party now requires members to comply with its Constitution and Bylaws as a condition of
membership, the Clerks cannot rely solely on voter registration records as a determinant of Party
membership. As a result, until the Party completes its membership verification and files its
certification, election officers cannot determine which signatures gathered by a candidate are
valid.
Respectfully,
LO 4)
Christ T. Troupis