IT IS TIME FOR THE UTAH REPUBLICAN PARTY TO ACT LIKE THE PRIVATE CONSTITUTIONAL INDEPENDENT ORGANIZATION IT IS!

Much has been said about how SB 54 and the signature gathering path has disrupted our Party’s ability to nominate candidates at our convention. What hasn’t been said is under these new election laws the Party is still in control of holding our convention and setting the parameters necessary to send a convention winner to the States Primary election. The Party makes that determination, constitutionally.
 
There is nothing in current election law that prohibits how a qualified political party determines its convention winner. And because the signature candidate is already in the Primary with an R behind their name, there is nothing that prohibits the Party from directing their delegates to consider a vote for a signature candidate as a wasted vote to determine the Party’s convention winner. The state runs elections, but we, the Republican Party of Utah, as a private constitutionally independent organization, run our political party and we alone determine how we qualify a convention winner for the state-run Primary.
 
As it is now, I doubt we will ever have another Primary election in Utah without a signature candidate with an R behind their name on the ballot. For this reason, our Party must determine how we can remain relevant in delivering a convention only candidate to the Primary vetted by our elected delegates. Among all the unfair practices within our current election law, nothing prohibits us from exercising our constitutional rights of assembly and association in determining our Party’s approved candidate. We must rewrite our bylaws to protect our caucus/convention process. Or dissolve the Party because nothing matters except declaring yourself a Republican, buying signatures, and spending big money to get elected.

Let’s review the election law.
 
20A-9-407 Convention process to seek the nomination of a qualified political party.

1. This section describes the requirements for a member of a qualified political party who is seeking the nomination of a qualified political party for an elective office through the qualified political party's convention process.

 
20A-9-408 Signature-gathering process to seek the nomination of a qualified political party.

1. This section describes the requirements for a member of a qualified political party who is seeking the nomination of the qualified political party for an elective office through the signature-gathering process described in this section.

 
20A-9-409 Primary election provisions relating to qualified political party.

1. A qualified political party that nominates one or more candidates for an elective office under Section 20A-9-407 (convention) and does not have a candidate qualify as a candidate for that office under Section 20A-9-408, (signatures) may, but is not required to, participate in the primary election for that office. (if we have one convention winner and no signature candidates we do not have to participate in the Primary election). The Party sets the parameters in our Bylaws.

 

1. A qualified political party that has only one candidate qualify as a candidate for an elective office under Section 20A-9-408 (signatures) and does not nominate a candidate for that office under Section 20A-9-407, (convention) may, but is not required to, participate in the primary election for that office. (if we have one signature winner and no convention candidates we do not have to participate in the Primary election). The Party sets the parameters in our Bylaws.

 

1. A qualified political party that nominates one or more candidates for an elective office under Section 20A-9-407 (convention) and has one or more candidates qualify as a candidate for that office under Section 20A-9-408 (signatures) shall participate in the primary election for that office. (if we have more than one convention winner and one or more signature candidates we shall participate in the Primary election). The Party sets the parameters in our Bylaws.

 

1. A qualified political party that has two or more candidates qualify as candidates for an elective office under Section 20A-9-408 (signatures) and does not nominate a candidate for that office under Section 20A-9-407 (convention) shall participate in the primary election for that office. (if we have two or more signature candidates and no convention candidates we shall participate in the Primary election). The Party sets the parameters.

 
According to the “law” why have a convention if you can’t determine a convention only winner?
 
What’s not in the election law is if the Party has only one convention winner at 51%, they go to the Primary as the convention winner with full party endorsement and support. It is irrelevant as to how many candidates are on the Primary ballot as signature candidates because we have no obligation under the law to whittle them down. Let the state run a Primary with 5 signature (R’s) and one convention only candidate vetted by our elected delegates. Let the voters decide... at the very least the Party remains relevant choosing a convention only candidate in the face of the states insistence that candidates choose their path to the Primary...not the Party.
 
If I read this correctly, signature candidates are already on the Primary ballot regardless of the Party’s convention process as if our qualified political party is nothing more than a registered political party who send folks to the Primary without a convention. The Party runs our convention and our governing documents determine under what conditions a convention only candidate makes the ballot. So, if we as a Party re-write our bylaws to deliver a convention only candidate with at least 51% of the delegate vote, they will be the only convention candidate on the ballot and the Party can endorse and finance that candidate only.
 
It may be as simple as counting delegate votes for convention only candidates to determine a majority because a delegate vote for a signature candidate is not counted because it was wasted on a signature candidate already in the Primary. If the delegates support that candidate, they can vote for them in the Primary without Party support and need not waste their convention vote. I cannot emphasize enough, we run our Party...not the Governor...not the Lt. Governor...and not big money. Delegates elected at our neighborhood caucuses determine the candidate the Party will support.
 
I am sure there will be arguments and disagreements over this, but I ask you, do you want the Republican Party to have a say in who represents its values and principles on the ballot, or big money who buys politicians to represent our values and principles on the ballot? There is already a clear path for signature gatherers. It is up to us to find a clear path for a convention winner to make the Primary with at least 51% of the delegate vote.