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1 CONSTITUTION OF THE
2 UTAH STATE DEMOCRATIC PARTY
3
4 PREAMBLE
5
6 We, the Democrats of the Great State of Utah, united in common purpose, acknowledge that we
7 are a party of enduring strength, and that we must lead, guided by those we lead. These
8 principles are essential to the democracy our country's forefathers set forth.
9
10 We dedicate ourselves to seek individual freedom in the framework of a just society, and
11 political freedom through meaningful participation by all citizens.
12
13 Bound by the Constitution of the United States of America and the Constitution of the State of
14 Utah, aware that a political party must be responsive to be worthy of responsibility, and
15 recognizing that a party which asks for the people's trust must prove that it trusts the people, we
16 pledge ourselves to open, honest ideals in the workings of this party, and to that end elect those
17 Democrats to local, state and national office who will best represent and carry out those
18 principles set forth herein.
19
20 And further, we pledge ourselves to enhance the understanding of the political process and of the
21 Democratic Party among our members, and to sustain the human and constitutional rights of all
22 persons. A party which hopes to call for the best the Nation can achieve must embody the best of
23 our common heritage and traditions. We therefore, establish this constitution by which these
24 goals can be achieved.
25
26 ARTICLE I –THE UTAH STATE DEMOCRATIC PARTY
27
28 Section 1. The Utah State Democratic Party shall:
29 (i) Nominate and assist in the election of Democratic Party candidates for public
30 elected office;
31 (ii) Adopt and promote statements of policy;
32 (iii) Assist local Democratic Party organizations in the election of their candidates and the
33 education of their voters;
34 (iv) Establish standards and rules of procedure to afford all members of the Democratic
35 Party full, timely and equal opportunities to participate in decisions concerning the
36 selection of candidates, the formulation of policy, and the conduct of other
37 Democratic Party affairs, and, further, to promote fair campaign practices and the fair
38 adjudication of disputes;
39 (v) Raise and disburse monies needed for the successful operation of the Democratic
40 Party;
41 (vi) Work with Democratic public officials at all levels to achieve the objectives of the
42 Democratic Party; and,
43 (vii) Encourage and support codes of political ethics for public officials in federal, state
44 and local governments, to assure that public officials shall at all times conduct
45 themselves in a manner that reflects credibly upon the offices they serve, and shall
46 not use their offices to gain special privileges and benefits, and shall refrain from
47 acting in their official capacities when their independence of judgment would be
48 adversely affected by personal interests.
49
50 Section 2. The Utah State Democratic Party shall consist of:
51 (i) the members of the State Executive Committee, the State Central Committee and the
52 Standing and Select Committees;
53 (ii) the members of the County Executive and Central Committees of the twenty-nine
54 recognized County Democratic Parties and such other committees as their rules may
55 provide for;
56 (iii) the Senatorial, Legislative and Precinct officers that the Utah State and County
57 Democratic Parties provide for;
58 (iv) the current and previous public officials who have won election on the Democratic
59 Party ticket;
60 (v) the Democratic Party candidates for public elected office who have been qualified
61 under the rules of the Utah State Democratic Party;
62 (vi) the officers of the Utah State Democratic Party Regions;
63 (vii) the delegates to the Utah State and County Democratic Party Conventions; and,
64 (viii) all persons who are registered to vote in Utah and have designated themselves as
65 affiliated with the Democratic Party, or who otherwise wish to associate with the
66 Democratic Party.
67
68 Section 3. The Bylaws shall provide for regional organizations of the Utah State Democratic
69 Party which reflect common interest, accessible travel, contiguousness, and clear delineation of
70 boundaries to provide geographical representation on Standing and Select Committees.
71
72 ARTICLE II -STATE PRIMARY CONVENTION
73
74 Section 1. In even numbered years, the State Chair, in the name of the State Executive
75 Committee, shall cause to be held a State Primary Convention. The State Chair shall be the
76 Convention Chair, unless other provisions have been made for a Convention Chair pro tempore.
77
78 Section 2. The State Executive Committee shall cause to be issued the Official Convention Call
79 to State Delegates not less than fourteen working days before the Convention is to convene. This
80 shall be issued either by mail or electronic mail or both, if the State Delegates have been made
81 known to the Utah State Democratic Party Headquarters, or by the County Democratic Party
82 Officers, if not.
83
84 Section 3. The term “candidate for public office” shall mean any person who has established
85 substantial support for his or her nomination as the Democratic candidate for the public office—
86 either through substantial support of the delegates at the primary Convention or through a
87 nomination petition or candidate declaration as provided by applicable state law, is a bona fide
88 Democrat whose record of public service, political service, accomplishment, public writings
89 and/or public statements affirmatively demonstrates that he or she has the interests, welfare and
90 success of the Utah State Democratic Party at heart, and will participate in the Convention in
91 good faith. The State Central Committee or respective County Central Committee shall have the
92 authority to deny a person who has filed for office with the State of Utah or County Clerk the
93 status of candidate on the grounds of this section by a 90% vote of the members present at a
94 regular or special meeting.
95
96 Section 4. The Convention may nominate at least one candidate for the offices of United States
97 Senator, each district to which the State of Utah is entitled to a seat in the United States House of
98 Representatives, Governor of the State of Utah, Lieutenant Governor of the State of Utah, Utah
99 State Attorney General, Utah State Auditor, Utah State Treasurer; provided the office is open to
100 election. In Presidential election years, the Convention shall elect at least one person for each
101 position available for National Committee member and National Delegate. The Convention shall
102 also make provision for nominating candidates in multi-County districts. The Bylaws shall
103 provide for the method of election of the Utah State Democratic Party's nominees to appear on
104 the Democratic Party's ticket for the Utah State Primary and General Elections, consistent with
105 applicable state law, and may set minimum thresholds of support that a candidate must receive in
106 order to become the Democratic Party's nominee. The Bylaws provisions for the method of
107 election of the Utah State Democratic Party's nominees shall be binding on the County Party's
108 nomination of all public officials, except local County officials, within the jurisdiction of the
109 County Party, or as otherwise provided by state law.
110
111 Section 5. Proposed Rules of Order and Proceeding shall be drafted by the Rules Committee and
112 published on the State Party website not later than 14 days prior to the Convention. The proposed
113 Rules of Order and Proceeding shall be presented to the delegates at the Convention who shall
114 have the sole power to adopt the rules by majority vote of the State Delegates present;
115 amendments to the rules shall not be considered prior to their adoption; suspension of the rules
116 shall be by a voice vote of the State Delegates present; or, by two thirds of the State Delegates
117 present by a roll call vote if the will of the delegates cannot be discerned by the voice vote. In the
118 absence of other provisions, Robert's Rules of Order, as most recently revised, shall govern the
119 conduct of the Convention.
120
121 Section 6. The Rules Standing Committee shall convene no sooner than 72 hours prior to the
122 first day of the Convention to determine which persons shall receive official credentials as State
123 Delegates, and shall be the sole and final authority in resolving all matters regarding credentials.
124
125 Section 7. The Rules Committee, with the assistance of Staff and the State Executive
126 Committee, shall arrange the site, time and amenities of the Convention. The Committee rules
127 governing posting and/or distribution of campaign materials shall be published on the State’s
128 website not later than 14 days prior to the Convention and shall be final unless the Convention
129 finds otherwise by a majority vote of the State Delegates present. The Committee shall govern
130 vendors, room assignments and other such matters as may be necessary and proper.
131
132 Section 8. Each County Democratic Party shall be entitled to a number of State Delegates by
133 rule of the State Central Committee.
134
135 Section 9. The following are entitled to be full delegates of the Convention in addition to those
136 apportioned to the County Democratic Parties:
137 (i) the members of the State Executive Committee;
138 (ii) the County Chairs and Vice Chairs;
139 (iii) Caucus Chairs and Vice Chairs;
140 (iv) Members of the Standing Committees;
141 (v) residents of the State of Utah who won election on the Democratic Party ticket who
142 are the President of the United States, the Vice President of the United States, United
143 States Senator, United States Representative, Governor, Lieutenant Governor,
144 Attorney General, State Auditor, State Treasurer, Speaker of the Utah State House of
145 Representatives, President of the Utah State Senate, and/or member of the Utah State
146 Legislature; and
147 (vi) All full-time staff of the Utah State Democratic Party.
148
149 Section 10. County Democratic Parties shall adopt, with the advice and consent of the Rules
150 Standing Committee, rules which contain explicit procedures governing all aspects of the State
151 Delegate selection process at least one month prior to the precinct caucuses. These rules shall
152 include:
153 (i) method of selection of State Delegates and replacements;
154 (ii) all filing deadlines for State Delegate and replacement candidates; and,
155 (iii) procedures for challenges of the State Delegate selection processes.
156
157 Section 11. The Rules Standing Committee shall verify that the following items as defined by
158 the National Delegate Selection Rules, are to be routinely included at an appropriate place in
159 each plan:
160 (i) the eligibility requirements for participation in the delegate selection process;
161 (ii) a prohibition of cost and fees;
162 (iii) a prohibition of participation by those participating in another party's process;
163 (iv) the "Six Basic Elements" of an open party;
164 (v) the principles of non-discrimination;
165 (vi) a protection against a coerced vote;
166 (vii) a prohibition against Unit Rules;
167 (viii) a provision for limitations on slate making; and,
168 (ix) the succession of replacements to delegate status and filing of vacancies in delegate
169 positions.
170
171 Section 12. Each County’s slate of delegates will be finalized and submitted to the State Rules
172 Committee not later than fourteen days prior to the State Primary Convention, unless the County
173 Party has provided a delegate selection plan to the State Party, approved by the Rules Standing
174 Committee. To the extent possible, replacements for delegates who die, resign, are disqualified,
175 or are not present at State Convention, shall be made from persons of the same political
176 subdivisions within the County as the delegate as set forth in the Bylaws.
177
178 Section 13. Challenges to the State Delegate selection process, as defined by the rules of each
179 County Democratic Party that the Rules Standing Committee have approved, shall be made to
180 the Judicial Standing Committee. Challenges to a specific State Delegate or group of State
181 Delegates, due to failure to follow approved rules, shall be made to the Rules Standing
182 Committee
183
184 Section 14. Persons wishing to resign their position of State Delegate must do so in writing to
185 the County Chair. Persons are disqualified as a State Delegate for the full two year term if they:
186 (i) participate in the Precinct Caucus or County Convention of another Party;
187 (ii) will be under eighteen years of age by, or have not registered to vote on, the day of
188 the next General Election;
189 (iii) move out of the County in which they were elected, but shall only be disqualified
190 from casting a vote in a multi-County State House or State Senate caucuses if they
191 move within the County in which they were elected, but out of the political sub-
192 division for which the caucus is held; and,
193 (iv) have not met County Democratic Party requirements that are compatible with fair
194 elections.
195
196 Section 15. The Rules Standing Committee shall provide for counting official ballots, assisting
197 the Convention Chair in the conduct of elections, and communicating the elections report to the
198 Convention.
199
200 Section 16. A draft Party Platform shall be presented at the State Primary Convention; however,
201 the Convention delegates shall have the sole power to adopt and/or amend the Party Platform by
202 majority vote of the State Delegates present.
203
204 ARTICLE III -STATE ORGANIZING CONVENTION
205
206 Section 1. In odd numbered years, the State Chair, in the name of the State Executive
207 Committee, shall cause to be held an Organizing Convention. The State Chair shall be the
208 Convention Chair, unless other provisions have been made for a Convention Chair pro tempore.
209
210 Section 2. The State Executive Committee shall cause to be issued the Official Convention Call
211 to State Delegates by mail or electronic mail not less than fourteen working days before the
212 Convention is to convene.
213
214 Section 3. The Convention shall elect at least one person for each of the following offices: a
215 State Chair; a State Vice Chair; a State Secretary; and a State Treasurer. Any member of the
216 Utah State Democratic Party may file for these offices with the State Secretary prior to the Call
217 to Order of the first County Democratic Party Organizing Convention of that calendar year
218 which can be scheduled no earlier than April 1st and no later than the State Organizing
219 Convention. The Bylaws shall provide for the method of the election and for filling candidate
220 vacancies should no person file as a candidate, or should a candidate die, resign, be disqualified,
221 or incapable of serving. The Convention may also vote on motions put before it by the State
222 Executive Committee, State Central Committee, Platform and Policy Standing Committee, or
223 Rules Standing Committee.
224
225 Section 4. Rules of Order and Proceedings shall operate under the provisions set forth under
226 Article II.
227
228 Section 5. The delegates to the State Organizing Convention shall be the same persons who were
229 State Delegates to the State Primary Convention held in the year before unless they have been
230 replaced in accordance with Article II, the County Democratic Party rules on State Delegate
231 Selection or have resigned, died, or been disqualified for other cause.
232
233 ARTICLE IV -STATE CENTRAL COMMITTEE
234
235 Section 1. The State Central Committee shall have the responsibility to legislate the affairs of the
236 Utah State Democratic Party subject to the articles herein, the Bylaws, and the State Convention.
237 This responsibility shall include, but not be limited to:
238 (i) designating the date and time of precinct caucuses for the Utah State Democratic
239 Party;
240 (ii) designating the place and time for all State Conventions;
241 (iii) approving amendments to this Constitution and to the Bylaws;
242 (iv) filling vacancies of Utah State Democratic Party Candidates for State and Federal
243 public elected office arising from death, resignation, or other cause;
244 (v) nominating candidates to fill vacancies of Democratic Statewide and Federal public
245 elected officials in the State of Utah arising from death, resignation, or other cause;
246 (vi) filling vacancies of the State Central Committee, State Executive Committee, or State
247 Executive Officers arising from death, resignation or other cause;
248 (vii) formulating statements of policy;
249 (viii) establishing the number of delegates to the State Convention, to be apportioned as
250 provided herein and by the Bylaws, provided that each County Democratic Party may
251 elect at least ten delegates;
252 (ix) approving programs, initiatives, and committees submitted by the State Executive
253 Committee;
254 (x) taking all other actions necessary or appropriate in order to carry out the provisions
255 herein enumerated and the objectives of the Utah State Democratic Party; and,
256 establishing sub-committees as may be provided for in the Bylaws; and
257 (xi) approving the annual budget of the Utah State Democratic Party and quarterly
258 financial reports including budget comparison.
259
260 Section 2. The State Central Committee of the Utah State Democratic Party shall consist of the
261 following individuals when applicable:
262 (i) any current Democratic Federal elected officials from the State of Utah, or their
263 designate;
264 (ii) any current Governor, Lieutenant Governor, Attorney General, State Auditor, or State
265 Treasurer, who won election on the Utah State Democratic Party ticket, or their
266 designate;
267 (iii) the immediate past State Executive Officers.
268 (iv) One Democratic elected official from each county, appointed by that county’s
269 Democratic elected officials;
270 (v) Each Utah State House Legislative District Chair, or his or her designee
271 (vi) Each statewide Issue and Identity Caucus Chair and Vice-Chair, or their respective
272 designees;
273 (vii) Three additional members from each county, consisting of the County Party Chair, or
274 his or her designee, and two additional members appointed by each County Party,
275 according to that County Party’s rules;
276 (viii) Each member of the State Executive Committee;
277 (ix) The Chair and Vice Chair of the Rules Standing Committee and the Judicial Standing
278 Committee, if not otherwise a member;
279 (x) Up to eight additional at-large members appointed by the State Party Chair at his or
280 her discretion intended to encourage inclusion and diversity; and
281 (xi) Four appointed Regional Members as provided for in the Bylaws.
282
283 Section 3. Members of the State Central Committee who are members by virtue of holding
284 public elected office shall serve on the State Central Committee only during their terms in such
285 office. All other members shall serve for terms commencing on the adjournment of the State
286 Organizing Convention and terminating on adjournment of the next State Organizing
287 Convention.
288
289 Section 4. The Bylaws shall provide for removal of members or refusal to seat newly elected
290 members of the State Central Committee by a two-thirds vote of those present at a meeting of the
291 State Central Committee. The Bylaws shall also require continued residence in the jurisdiction,
292 or affiliation with and approval by the caucus represented by the member, and affirmative
293 support for Democratic Party nominees as a condition of continued membership thereon. The
294 Bylaws shall provide that any vacancy in the State Central Committee shall be filled by the
295 remaining members of the State Central Committee provided that the vacancy is filled by a
296 person representing the constituency where the vacancy occurred as per Article IV, Section 2.
297
298 Section 5. The State Central Committee shall meet at least once in each calendar quarter, except
299 during the quarter in which the State Convention convenes. Meetings shall be called by the State
300 Chair, by the State Executive Committee, by no fewer than three County Chairs, or by the
301 written request of no fewer than one-twelfth of the members of the State Central Committee.
302
303 Section 6. Notice for meetings shall be mailed not less than ten calendar days prior to the
304 meeting, unless the State Chair or State Executive Committee deem the meeting an emergency,
305 when notice of not less than twenty-four hours must be attempted by telephone.
306
307 Section 7. A quorum of the State Central Committee shall be at least one-twelfth of entitled
308 members.
309
310 ARTICLE V - STATE EXECUTIVE COMMITTEE
311
312 Section 1. The State Executive Committee shall have the responsibility to administer the affairs
313 of the Utah State Democratic Party, subject to articles herein, the Bylaws, the State Convention,
314 and the State Central Committee. This responsibility shall include, but not be limited to:
315 (i) implementing decisions of the State Conventions and State Central Committee;
316 (ii) proposing the instigation of new programs, committees, or initiatives;
317 (iii) organizing fund raising and campaign activities;
318 (iv) scheduling meetings of the State Central Committee;
319 (v) issuing the Call to State Convention;
320 (vi) approving hiring and/or termination of the Executive Director and other necessary
321 office personnel to carry out the programs of the Utah State Democratic Party and to
322 pay the necessary salaries;
323 (vii) approving termination of a member on any Standing or Select Committees;
324 (viii) adopting a Code of Fair Campaign Practices;
325 (ix) adopting a recommended annual budget for submission to the State Central
326 Committee within the first quarter of each year; and,
327 (x) taking all other actions necessary or appropriate in order to carry out the provisions
328 herein enumerated and the objectives of the Utah State Democratic Party not
329 specifically reserved to themselves by the State Central Committee or State
330 Convention, as long as these duties shall conform to the articles herein and the
331 Bylaws.
332
333 Section 2. The State Executive Committee shall be composed of:
334 (i) The State Executive Officers; subject to the Bylaws.
335 (ii) One additional member to be nominated by the County Chairs and Vice Chairs;
336 (iii) One additional member to be nominated by the Democratic Party Caucus of the Utah
337 State Senate;
338 (iv) One additional member to be nominated by the Democratic Party Caucus of the Utah
339 State House of Representatives;
340 (v) Two additional members to be nominated by the State Chair; and,
341 (vi) One additional member to be nominated by the Issue and Identity Caucus Chairs and
342 Vice Chairs.
343
344 Section 3. No member of the Executive Committee may receive any form of compensation for
345 services rendered to the Utah Democratic Party unless approved in advance by the Central
346 Committee. An Executive Committee Member may receive reimbursement for expenses paid
347 with the personal funds of that member.
348
349 Section 4. The members of the State Executive Committee shall serve for terms commencing on
350 the adjournment of the State Organizing Convention and terminating on adjournment of the next
351 State Organizing Convention.
352
353 Section 5. The Bylaws shall provide for removal of members of the State Executive Committee
354 by a two-thirds vote of those present at a meeting of the State Central Committee. The Bylaws
355 shall also require continued residence in the jurisdiction, or affiliation with and approval by the
356 caucus represented by the member, and affirmative support for Democratic Party nominees as a
357 condition of continued membership thereon. The Bylaws shall provide that any vacancy in the
358 State Executive Committee shall be filled by the State Central Committee provided that the
359 vacancy is filled by a person representing the constituency where the vacancy occurred as per
360 Article V, Section 2.
361
362 Section 6. The State Executive Committee shall meet at least nine times each year. Meetings
363 shall be called by the State Chair or by written request of no fewer than one-fourth of its
364 members. The State Executive Committee shall keep a record of actions taken and make such
365 record available on request to members of the State Central Committee.
366
367 Section 7. A quorum of the State Executive Committee shall be at least one-half of the State
368 Executive Officers or two-fifths of the entire State Executive Committee.
369
370 ARTICLE VI -STATE EXECUTIVE OFFICERS
371
372 Section 1. The State Executive Officers of the Utah State Democratic Party shall be the Chair,
373 Vice Chair, Secretary, Treasurer, and the National Committee members. The State Executive
374 Officers shall have general responsibility for the affairs of the Utah State Democratic Party
375 subject to the articles herein, the Bylaws, the State Convention, the State Central Committee and
376 the State Executive Committee. This responsibility shall include, but not be limited to:
377 (i) The Chair of the Utah State Democratic Party shall be the chief executive officer and
378 have the following authority:
379 a. to carry out the programs and policies of the State Conventions, the State
380 Central Committee, and the State Executive Committee;
381 b. to possess all powers of the Utah State Democratic Party between meetings, as
382 provided herein and by the Bylaws, except for those delegated to the State
383 Convention, State Central Committee, the State Executive Committee, or other
384 State Executive Officers;
385 c. to determine the agenda and preside over all meetings of the State Executive
386 Committee, State Central Committee, and State Convention, if not a candidate;
387 d. to appoint Sergeants-at-Arms and Parliamentarians for Conventions and other
388 meetings when appropriate;
389 e. to appoint, subject to the approval of the State Executive Committee, a State
390 Executive Director and other necessary office personnel to carry out the
391 programs of the Utah State Democratic Party and to pay the necessary salaries;
392 f. to appoint the membership of Select Committees assigned to them, with the
393 advice and consent of the State Executive Committee;
394 g. to appoint the membership of Standing Committees, and the Select Committees
395 assigned to them, with the advice and consent of the State Central Committee;
396 h. to serve as a member of the Democratic National Committee;
397 i. to serve as a member of the Association of State Democratic Chairs;
398 j. to serve as an ex officio member of all committees as described herein, by the
399 Bylaws, or approved by the State Central Committee; and,
400 k. to select, with the approval of the State Executive Committee, a person or
401 persons to act as legal counsel for the Utah State Democratic Party, and to work
402 in conjunction with such counsel on behalf of the Utah State Democratic Party.
403 (ii) The Vice Chair of the Utah State Democratic Party shall have the following authority:
404 a. to assist in the performance of the duties of the State Chair;
405 b. to preside in the absence of the State Chair over meetings of the State Executive
406 Committee, State Central Committee, and State Convention, if not a candidate;
407 and,
408 c. to serve as an ex officio member of all committees as described herein, by the
409 Bylaws, or approved by the State Central Committee.
410 (iii) The Secretary of the Utah State Democratic Party shall have the following authority:
411 a. to keep the minutes of all meetings of the State Convention, State Central
412 Committee and State Executive Committee;
413 b. to establish the filing system and ensure the maintenance of the files necessary
414 for the proper functioning of the Utah State Democratic Party;
415 c. to receive personally, or in care of the Utah State Democratic Party at its
416 Headquarters, and acknowledge filing of candidacy for State Executive Office
417 and National Delegate;
418 d. to authorize the registration and election procedures at meetings of the State
419 Executive Committee, State Central Committee, and State Conventions, if not a
420 candidate;
421 e. to serve as a liaison to the Lieutenant Governor of the State of Utah on all
422 matters relating to the Utah State Democratic Party's relationship with the State
423 of Utah, which duties may be assigned by the Secretary to the the State
424 Executive Director;
425 f. to file reports including, but not limited to, those required by the Democratic
426 National Committee, Democratic Presidential Campaigns, other Democratic
427 candidate committees, State, County and Local authorities, as appropriate, on
428 any subject and in any manner required; and,
429 g. to maintain lists of the officers of County Democratic Parties and to require
430 them to file their list of precinct caucus attenders and current governing
431 documents with the Utah State Democratic Party, and to report the County
432 Democratic Parties that are not in compliance with these reporting requirements
433 to the State Central Committee.
434 (iv) The Treasurer of the Utah State Democratic Party shall have the following authority:
435 a. to receive and disburse all funds of the Utah State Democratic Party;
436 b. to prepare and present an annual budget for the Utah State Democratic Party on
437 or before the first of February of each year for submission to the State Executive
438 Committee who may amend it prior to submission to the State Central
439 Committee which must approve the budget by the fifteenth day in April of each
440 year;
441 c. to prepare and present all necessary financial reports, as required herein, by
442 Utah State statutes, and the Federal Election Commission;
443 d. to submit a recommendation of a person to review the accounts of the Utah
444 State Democratic Party to be selected by the State Executive Committee, and to
445 obtain any professional assistance necessary in performance of the financial
446 duties of the office; and,
447 e. to authorize the State Chair and State Executive Director as his or her agents for
448 disbursement of funds and for submission of financial reports.
449 (v) The National Committee members of the Utah State Democratic Party shall have the
450 following authority:
451 a. to serve as members of the Democratic National Committee;
452 b. to be the representatives of the Utah State Democratic Party in national
453 campaigns;
454 c. to work in coordination with the Utah State Democratic Party Chair, Vice Chair,
455 and office personnel in carrying out the programs the Democratic National
456 Committee and other national Democratic committees desire to have
457 implemented within the State of Utah;
458 d. to assist in state and local party matters as requested or assigned by the State
459 Executive Committee or State Central Committee;
460 e. to plan appearances and speeches of national Democratic Party officials and
461 Federal Democratic Party elected officials within the State of Utah; and,
462 f. to have an item in the State Executive Committee budget proposal to the State
463 Central Committee for travel expenses to meetings of the Democratic National
464 Committee by the National Committee members, Chair, Vice Chair, and
465 necessary office personnel.
466
467 Section 2. The Bylaws shall provide for a leave of absence by the State Executive Officers who
468 are candidates for public or party elected office while they are campaigning. The Bylaws shall
469 provide for removal of State Executive Officers by a two-thirds vote of those present at a
470 meeting of the State Central Committee. The Bylaws shall also require continued residence in
471 the State of Utah. Vacancies in these offices arising from death, resignation or other cause shall
472 be filled by the State Central Committee.
473
474 Section 3. The State Executive Officers shall serve for terms commencing on the adjournment of
475 the biennial State Primary or Organizing Convention and terminating on the adjournment of the
476 next State Primary or Organizing Convention, except for National Committee members who
477 shall serve for terms commencing on the adjournment of the first National Convention after their
478 election at a State Primary Convention and terminating on adjournment of the next National
479 Convention.
480
481 ARTICLE VII -STANDING AND SELECT COMMITTEES
482
483 Section 1. The Bylaws shall make provision for the following Standing Committees:
484 (i) Rules; and
485 (ii) Judicial
486
487 Section 2. The Bylaws shall also make provision for the establishment of Select Committees.
488
489 ARTICLE VIII – ISSUE AND IDENTITY CAUCUSES
490
491 Section 1. The Bylaws shall make provisions for issue and identity caucuses of the Utah State
492 Democratic Party.
493
494 ARTICLE IX -FULL PARTICIPATION
495
496 Section 1. Any person who will be eligible to vote in Utah in the next general election, resides in
497 the political subdivision for which the political activity is conducted, and participates in good
498 faith, may be eligible to participate except as otherwise provided herein and in the Bylaws, in
499 precinct caucuses, state and County Conventions, Democratic Party primary elections, State and
500 County central and Executive Committees, and State and County party office.
501
502 Section 2. Discrimination in the conduct of party affairs on the basis of race, gender, age (if of
503 voting age), color, creed, national origin, religion, ethnic identity, sexual orientation, economic
504 status, or disability is prohibited, to the end that the party at all levels be open.
505
506 Section 3. To encourage full participation by all Democrats, including women and minority
507 groups such as African Americans, Native Americans, Asian/Pacific Islanders, Hispanics, and
508 youth in party affairs, the State Central Committee shall adopt and implement and the Rules
509 Standing Committee shall monitor an affirmative action plan which provides for representation
510 as nearly as practicable of such groups as indicated by their presence in the Democratic Party
511 electorate. This plan shall include specific goals and timetables to achieve this purpose.
512
513 Section 4. This plan shall not be accomplished either directly or indirectly by the Democratic
514 Party's imposition of quotas in party affairs. Representation as nearly as practicable of the
515 aforementioned groups as indicated by their presence in the Democratic Party electorate shall not
516 be deemed a quota.
517
518 Section 5. Equal division of party positions between men and women shall not constitute a
519 violation of any provision of this Article.
520
521 ARTICLE X -GENERAL PROVISIONS
522
523 Section 1. The Utah State Democratic Party means all organizations which use the Democratic
524 Party name in the State of Utah including, but not limited to, recognized County Democratic
525 Parties, Democratic Party precinct caucuses, local Democratic Party clubs, issue and identity
526 caucuses at Democratic Party Conventions, and Democratic Party caucuses of groups of elected
527 officials.
528
529 Section 2. The Utah State Democratic Party means the officers, committees, and office personnel
530 responsible for the operations of the Democratic Party for the entire State of Utah, but not its
531 subdivisions.
532
533 Section 3. In the absence of other provisions, Robert's Rules of Order, as most recently revised,
534 shall govern the conduct of all meetings of the Utah State Democratic Party.
535
536 Section 4. There shall only be one vote counted for each person at all meetings of the Utah State
537 Democratic Party regardless of the number of positions that they hold.
538
539 Section 5. Remote participation and voting shall be permitted at all meetings of the Utah State
540 Democratic Party as provided in the Bylaws or by rules of the subdivisions of the Utah State
541 Democratic Party. Voting by proxy shall not be permitted in any meeting of the Utah State
542 Democratic Party. Remote participation shall not be permitted at State Conventions, except as
543 expressly provided for in the Bylaws.
544
545 Section 6. All meetings of the State Central Committee and State Conventions shall be open to
546 the public, and votes shall not be taken by secret ballot; however, the State Central Committee
547 may call itself into a closed meeting at any time by a vote of the majority of those present.
548
549 Section 7. No delegate shall be mandated to vote contrary to their choice as expressed at the time
550 elected. Delegates who did pledge to a candidate or issue should in all good conscience reflect
551 the sentiments of those who elected them.
552
553 Section 8. The State Executive Committee shall officially recognize one County Democratic
554 Party for each County in the State of Utah. For a County Democratic Party to be officially
555 recognized, it shall be responsible to meet the following criteria:
556 (i) hold an annual Convention for nominating candidates for local elected office and for
557 the Utah State Legislature if the district is entirely with the County, or County
558 Democratic Party organization and election of Democratic Party Officers, as is
559 appropriate;
560 (ii) organize and hold biannual Democratic Party precinct caucuses for the election of
561 County Delegates and members of the County Central Committee;
562 (iii) submit to the State Secretary lists of precinct caucus attenders, County Democratic
563 Party Officers, members of the County Executive Committee, members from that
564 County Democratic Party selected for the State Central Committee, State Delegates
565 from that County, current State and Local public elected officials that won election on
566 the Democratic Party ticket, and County Democratic Party rules, including as
567 appropriate a Constitution, Bylaws, Rules and Procedures, State Delegate Selection
568 Plan; and,
569 (iv) conform to such other rules as are adopted by the Rules Standing Committee.
570
571 Section 9. The Bylaws shall provide rules for the conduct of organizing caucuses for the purpose
572 of selecting delegates and Central Committee members to the County Parties.
573
574 Section 10. County Democratic Parties may challenge the rules for official recognition before
575 the Judicial Standing Committee of the Utah State Democratic Party, and/or the State Central
576 Committee. The County Democratic Parties may base the challenge on grounds that a given rule
577 should not apply to their County Democratic Party specifically, that a given rule should be
578 invalid for all County Democratic Parties as infringing on their rights for responsible local
579 governance, or that the County Democratic Party has complied with a rule where the State
580 Secretary or Rules Standing Committee has determined that the County Democratic Party is not
581 in compliance.
582
583 Section 11. Should any part of the Constitution and Bylaws be found to be in violation of the
584 laws of the United States or the State of Utah by judicial authority or to be in violation of the
585 rules of the Democratic National Committee, such part alone shall cease to have effect and all
586 other parts shall be considered wholly severable and remain in complete force. In such case, the
587 State Chair shall be empowered to remedy the situation until the earliest possible convocation of
588 the State Executive Committee or the State Central Committee, whichever is appropriate.
589
590 Section 12. The power for removal of members of the State Central Committee, State Executive
591 Committee, or State Executive Officers lies with the State Central Committee. Charges may be
592 brought against any of the above by any member of the State Central Committee. Removal from
593 Party office requires a two-thirds vote of a quorum of the State Central Committee.
594
595 Section 13. No person shall be elected to any Party office or as a delegate unless they are present
596 or provide their express written consent.
597
598 Section 14. In the event that two or more persons receive the same number of votes in an
599 election held by the Utah State Democratic Party, the outcome shall be determined by lot, unless
600 the Bylaws or other rules adopted by an entity of the Utah State Democratic Party specifically
601 state otherwise.
602
603 Section 15. The Bylaws of the Utah State Democratic Party shall make provisions for Utah State
604 House Legislative District elections.
605
606 ARTICLE XI -AMENDMENTS, BYLAWS, AND RULES
607
608 Section 1. This Constitution may be amended in the following manner: A Constitution
609 Amendment must originate as a majority report to the State Central Committee from the Rules
610 Standing Committee or State Executive Committee. The State Central Committee may adopt
611 and/or amend the Constitution Amendment Report by a vote of two-thirds of the members
612 present at a meeting of the State Central Committee, provided that the notice includes the
613 amendment. The Constitution Amendment Report shall then be submitted as adopted by the
614 State Central Committee to the State Convention for ratification of the entire amendment by a
615 vote of a majority of the delegates registered. The amendment shall be included with the Call to
616 Convention with an indication that the entire amendment will be voted on as approved or
617 rejected.
618
619 Section 2. Bylaws of the Utah State Democratic Party shall be adopted to provide for the
620 governance of the affairs of the Utah State Democratic Party in matters not provided for herein.
621 Bylaws may be adopted or amended by a majority vote of those present at a meeting of the State
622 Convention or State Central Committee. Unless adopted in forms of an amendment to this
623 Constitution or otherwise designated, any resolution adopted by the State Convention relating to
624 the governance of the Party shall be considered a Bylaw.
625
626 Section 3. Each official body of the Utah State Democratic Party created under the authority of
627 this Constitution shall adopt and conduct its affairs in accordance with written rules which shall
628 be consistent with this Constitution, the Bylaws and other provisions adopted pursuant to
629 authority of the Constitution, including resolutions or other actions of the State Convention. The
630 State Secretary shall maintain copies of all such rules at the Utah State Democratic Party
631 Headquarters.
632
633 Section 4. Each recognized County Democratic Party shall adopt and conduct its affairs in
634 accordance with written rules. Copies of such rules and any changes or amendments thereto shall
635 be filed with the State Secretary within thirty days following adoption.
636
637 RESOLUTION OF ADOPTION
638
639 The Utah State Democratic Party, assembled in a State Organizing Convention on June 17, 2017,
640 does hereby repeal the previous Charter and Constitution as governing documents for the Utah
641 State Democratic Party and does hereby adopt this Constitution for the governance of the Party.
642 Amended: October 1, 2019
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