RE-ESTABLISHING REPUBLICAN PARTY AUTONOMY
UTAH REPUBLICAN PARTY CANDIDATE INTEGRITY & PARTY PROTECTION PLAN
(Proposed)
PURPOSE:
To protect the Utah Republican Party from infiltration by non-Republicans by establishing clear candidate eligibility standards, a 1-year Republican registration requirement, a candidate commitment pledge, and a Party-controlled certification process...supported by First Amendment authority and codified in UTGOP Bylaws.
EXECUTIVE SUMMARY
The Utah Republican Party currently allows anyone who registers as a Republican...even for a single day...to run for office as a Republican. This exposes the Party to infiltration by non-Republicans, Democrats, political opportunists, and candidates who do not support Republican principles. This Utah Republican Party Candidate Integrity & Party Protection Plan proposes a unified system of reforms to protect the Republican label, strengthen Party integrity, and ensure that Republican nominees are genuine Republicans.
INTRODUCTION
For ten years, Utah Republicans have lived under the assumption that SB54 forces the Party to accept signature-gathering candidates and forces the Party to participate in primaries even after the Party overwhelmingly chooses a nominee at convention. That belief is widespread, deeply rooted, and completely wrong.
SB54 survives as “constitutional” only because federal courts interpreted it narrowly...so narrowly that the Party still retains all of its core First Amendment rights. The state may run elections, print ballots, and verify signatures, but it may not define who is a Republican, who may run as a Republican, or who is the Republican nominee. Those powers belong exclusively to the Party.
This is not speculation. The U.S. Supreme Court has repeatedly and unanimously protected the right of political parties to determine their own membership, standards, and nominees. In case after case...Tashjian, Jones, Eu, Cousins, Ray v. Blair...the Court held that a state cannot require a party to accept unwanted candidates or participants, nor can it dictate a party’s membership rules or internal nomination standards. The Utah GOP’s own litigation...Utah Republican Party v. Cox...did not remove these rights; the 10th Circuit upheld SB54 only because it concluded that the Party retained the ability to control its own nominations.
This leads to a reality that most Utah Republicans have never been told: Signature gathering does not and cannot make someone a Republican nominee. It only guarantees access to a spot on the state’s primary ballot...nothing more. Whether that candidate is recognized as a Republican is a question reserved to the Party alone.
That means the Party can, at any time, adopt membership standards stating that a person who bypasses the Party’s nomination process has voluntarily withdrawn from Party membership. Under longstanding First Amendment doctrine, a private political association cannot be forced to keep members who choose to act in opposition to the association’s procedures and identity. If the Party sets its rules so that attempting to secure nomination through the signature path forfeits Party membership, then a signature-gathering candidate simply ceases to be a Republican. They would still appear on the ballot if they met the state’s requirements, but they would not appear as a Republican.
And here is the critical point:
If the Party refuses to certify such a candidate as a Republican, that candidate cannot trigger a Republican primary. The only remaining Republican candidate...typically the convention winner...becomes the Party’s nominee without any primary at all. In effect, the Party would restore its traditional nominating power without violating SB54 or requiring legislative repeal. The state could still administer its elections, but the Party would exercise its constitutional right to determine who represents it.
The power to fix SB54 has been in the Party’s hands all along. The state can regulate ballots, but it cannot regulate belonging. It can administer elections, but it cannot override the identity of the Republican Party. And it cannot force Republicans to associate with candidates who reject the Party’s own process.
If the Party chooses to exercise its First Amendment rights, the convention will once again matter. Membership will matter. Republican identity will matter. SB54 will continue to exist on paper, but it will lose its ability to override the will of Republican delegates...and the Party will finally reclaim its constitutional authority to choose its own nominees.
To protect the Utah Republican Party from infiltration by non-Republicans by establishing clear candidate eligibility standards, a 1-year Republican registration requirement, a candidate commitment pledge, and a Party-controlled certification process...supported by First Amendment authority and codified in UTGOP Bylaws.
EXECUTIVE SUMMARY
The Utah Republican Party currently allows anyone who registers as a Republican...even for a single day...to run for office as a Republican. This exposes the Party to infiltration by non-Republicans, Democrats, political opportunists, and candidates who do not support Republican principles. This Utah Republican Party Candidate Integrity & Party Protection Plan proposes a unified system of reforms to protect the Republican label, strengthen Party integrity, and ensure that Republican nominees are genuine Republicans.
INTRODUCTION
For ten years, Utah Republicans have lived under the assumption that SB54 forces the Party to accept signature-gathering candidates and forces the Party to participate in primaries even after the Party overwhelmingly chooses a nominee at convention. That belief is widespread, deeply rooted, and completely wrong.
SB54 survives as “constitutional” only because federal courts interpreted it narrowly...so narrowly that the Party still retains all of its core First Amendment rights. The state may run elections, print ballots, and verify signatures, but it may not define who is a Republican, who may run as a Republican, or who is the Republican nominee. Those powers belong exclusively to the Party.
This is not speculation. The U.S. Supreme Court has repeatedly and unanimously protected the right of political parties to determine their own membership, standards, and nominees. In case after case...Tashjian, Jones, Eu, Cousins, Ray v. Blair...the Court held that a state cannot require a party to accept unwanted candidates or participants, nor can it dictate a party’s membership rules or internal nomination standards. The Utah GOP’s own litigation...Utah Republican Party v. Cox...did not remove these rights; the 10th Circuit upheld SB54 only because it concluded that the Party retained the ability to control its own nominations.
This leads to a reality that most Utah Republicans have never been told: Signature gathering does not and cannot make someone a Republican nominee. It only guarantees access to a spot on the state’s primary ballot...nothing more. Whether that candidate is recognized as a Republican is a question reserved to the Party alone.
That means the Party can, at any time, adopt membership standards stating that a person who bypasses the Party’s nomination process has voluntarily withdrawn from Party membership. Under longstanding First Amendment doctrine, a private political association cannot be forced to keep members who choose to act in opposition to the association’s procedures and identity. If the Party sets its rules so that attempting to secure nomination through the signature path forfeits Party membership, then a signature-gathering candidate simply ceases to be a Republican. They would still appear on the ballot if they met the state’s requirements, but they would not appear as a Republican.
And here is the critical point:
If the Party refuses to certify such a candidate as a Republican, that candidate cannot trigger a Republican primary. The only remaining Republican candidate...typically the convention winner...becomes the Party’s nominee without any primary at all. In effect, the Party would restore its traditional nominating power without violating SB54 or requiring legislative repeal. The state could still administer its elections, but the Party would exercise its constitutional right to determine who represents it.
The power to fix SB54 has been in the Party’s hands all along. The state can regulate ballots, but it cannot regulate belonging. It can administer elections, but it cannot override the identity of the Republican Party. And it cannot force Republicans to associate with candidates who reject the Party’s own process.
If the Party chooses to exercise its First Amendment rights, the convention will once again matter. Membership will matter. Republican identity will matter. SB54 will continue to exist on paper, but it will lose its ability to override the will of Republican delegates...and the Party will finally reclaim its constitutional authority to choose its own nominees.
UTAH REPUBLICAN PARTY MEMBERSHIP RULE
Signature Path Incompatibility & Membership Forfeiture Rule
(Proposed)
SECTION 1. PURPOSE
The Utah Republican Party (“the Party”) adopts this rule pursuant to its First Amendment freedom of association and its statutory authority under Utah Code §20A-8-401(2) to determine Party membership qualifications. This rule is necessary to preserve the integrity of Party membership, protect the Party’s constitutionally protected nomination process, and prevent the dilution of the Party’s internal governance through non-Republican or non-participatory nomination routes.
SECTION 2. MEMBERSHIP DEFINED
A Republican Party member is any Utah voter who:
Membership is a voluntary association, and continued membership requires adherence to Party rules and procedures.
SECTION 3. PROHIBITED ACTIONS INCONSISTENT WITH MEMBERSHIP
Because the Utah Republican Party utilizes a constitutionally protected internal nomination process, any action designed to bypass, circumvent, or undermine that process is fundamentally incompatible with Party membership.
Accordingly, the following conduct is incompatible with membership in the Utah Republican Party:
These actions constitute rejection of the Utah Republican Party’s nomination procedures and breach the obligations of Republican membership.
SECTION 4. AUTOMATIC MEMBERSHIP TERMINATION
Any individual who engages in conduct listed in Section 3:
This termination is automatic, immediate, and self-executing, requiring no separate vote by the Party.
SECTION 5. EFFECT OF MEMBERSHIP TERMINATION
SECTION 6. EXCEPTIONS FOR NEW RESIDENTS
The Party may grant a narrowly tailored exception if:
This exception shall not apply to individuals who previously lived in Utah, left the Party, or engaged in signature gathering while residing in the state.
SECTION 7. FIRST AMENDMENT FOUNDATION
This rule is explicitly grounded in the Party’s constitutional freedom of association, as affirmed in:
These decisions establish that political parties...not the state...control their membership and nominee selection. No state statute, including SB54, may compel the Party to accept unwanted candidates or members.
SECTION 8. EFFECTIVE DATE
This rule takes effect immediately upon adoption and applies to all current and prospective candidates seeking to appear on the ballot as Republicans in any upcoming election cycle.
SUMMARY
This rule gives the Party total control over:
And because it is based on First Amendment doctrine, SB54 cannot override it.
The Utah Republican Party (“the Party”) adopts this rule pursuant to its First Amendment freedom of association and its statutory authority under Utah Code §20A-8-401(2) to determine Party membership qualifications. This rule is necessary to preserve the integrity of Party membership, protect the Party’s constitutionally protected nomination process, and prevent the dilution of the Party’s internal governance through non-Republican or non-participatory nomination routes.
SECTION 2. MEMBERSHIP DEFINED
A Republican Party member is any Utah voter who:
- Is registered as a Republican;
- Affirms general support for the principles of the Utah Republican Party Platform; and
- Participates in Party processes in good faith, including the Party’s established nominating procedures.
Membership is a voluntary association, and continued membership requires adherence to Party rules and procedures.
SECTION 3. PROHIBITED ACTIONS INCONSISTENT WITH MEMBERSHIP
Because the Utah Republican Party utilizes a constitutionally protected internal nomination process, any action designed to bypass, circumvent, or undermine that process is fundamentally incompatible with Party membership.
Accordingly, the following conduct is incompatible with membership in the Utah Republican Party:
- Filing as a Republican candidate using the state-created signature-gathering path under Utah Code §20A-9-408 instead of the Utah Republican Party’s nominating convention;
- Collecting signatures, employing paid signature-gathering firms, or authorizing others to collect signatures on one’s behalf for the purpose of securing access to the Republican primary ballot;
- Submitting a declaration of candidacy or candidate filing that relies on signatures rather than the Party’s nominating convention as the basis for ballot access.
These actions constitute rejection of the Utah Republican Party’s nomination procedures and breach the obligations of Republican membership.
SECTION 4. AUTOMATIC MEMBERSHIP TERMINATION
Any individual who engages in conduct listed in Section 3:
- automatically forfeits membership in the Utah Republican Party;
- ceases to be a Republican for all Party purposes; and
- may not seek, claim, or appear as a Republican candidate in any election.
This termination is automatic, immediate, and self-executing, requiring no separate vote by the Party.
SECTION 5. EFFECT OF MEMBERSHIP TERMINATION
- The individual is not eligible for certification as a Republican candidate under Party rules;
- The Party shall formally notify the Lieutenant Governor or county clerk that the individual is not a Republican candidate and may not be listed on the ballot using the Republican designation;
- The individual may still appear on the ballot through state law mechanisms, but only as:
- Unaffiliated,
- Independent, or
- Candidate of another political party;
SECTION 6. EXCEPTIONS FOR NEW RESIDENTS
The Party may grant a narrowly tailored exception if:
- The individual has moved into Utah within the past 365 days, AND
- The individual demonstrates continuous Republican affiliation in their previous state, AND
- The Party Credentials Committee approves the exception by a two-thirds vote.
This exception shall not apply to individuals who previously lived in Utah, left the Party, or engaged in signature gathering while residing in the state.
SECTION 7. FIRST AMENDMENT FOUNDATION
This rule is explicitly grounded in the Party’s constitutional freedom of association, as affirmed in:
- Tashjian v. Republican Party of Connecticut
- California Democratic Party v. Jones
- Eu v. San Francisco Democratic Committee
- Cousins v. Wigoda
- Ray v. Blair
- Utah Republican Party v. Cox
These decisions establish that political parties...not the state...control their membership and nominee selection. No state statute, including SB54, may compel the Party to accept unwanted candidates or members.
SECTION 8. EFFECTIVE DATE
This rule takes effect immediately upon adoption and applies to all current and prospective candidates seeking to appear on the ballot as Republicans in any upcoming election cycle.
SUMMARY
This rule gives the Party total control over:
- Who is a member
- Who may run as a Republican
- Who the Party recognizes as a Republican
- Whether multiple candidates qualify as Republicans
- Whether a Republican primary is required
And because it is based on First Amendment doctrine, SB54 cannot override it.
UTAH REPUBLICAN PARTY CANDIDATE CERTIFICATION RULE
Designed to Pair with the Membership Rule
(Proposed)
SECTION 1. PURPOSE
This rule is adopted pursuant to the Utah Republican Party’s First Amendment freedom of association and its statutory authority under Utah Code §20A-8-401(2) and §20A-9-403 to determine qualifications for membership and certification of Party candidates.
The purpose of this rule is to ensure that only individuals who meet the Party’s membership standards and internal nomination requirements may appear on the ballot as Republican candidates.
SECTION 2. CERTIFICATION REQUIRED TO APPEAR ON THE BALLOT AS A REPUBLICAN
No individual may appear on the ballot with the “Republican” designation unless they are formally certified as a Republican candidate by the Utah Republican Party pursuant to this rule.
Certification is a prerequisite to Party recognition, nomination, and ballot designation.
SECTION 3. CERTIFICATION STANDARD
To be certified as a Republican candidate, an individual must:
SECTION 4. AUTOMATIC NON-CERTIFICATION FOR SIGNATURE-PATH CANDIDATES
The following individuals shall not be certified as Republican candidates:
Such individuals have forfeited Party membership and are ineligible for certification.
This disqualification is self-executing and does not require a separate Party vote.
SECTION 5. RESPONSIBILITY OF THE CREDENTIALS COMMITTEE
The State Credentials Committee shall:
Local Credentials Committees shall apply the same process for county and legislative district offices.
SECTION 6. EFFECT OF NON-CERTIFICATION
If the Party determines that a candidate is not certified, then:
The Party will not endorse, recognize, seat, or support such individuals;
Such individuals are not eligible to participate in Party nomination processes.
SECTION 7. APPEALS
A candidate may appeal non-certification ONLY on procedural grounds, not substantive grounds.
The appeal must be:
The SCC’s decision is final.
SECTION 8. FIRST AMENDMENT FOUNDATION
This rule is supported by:
These cases affirm that: Political parties—NOT the state—determine their nominees and membership.
The state may administer elections but may not dictate who is a Republican.
SECTION 9. EFFECTIVE DATE
This rule is effective immediately and applies to all current, prospective, and future candidates seeking to appear on the ballot as Republicans.
THIS IS THE RULE THAT RESTORES PARTY POWER
With this rule in place:
This is our functional repeal of SB54.
This rule is adopted pursuant to the Utah Republican Party’s First Amendment freedom of association and its statutory authority under Utah Code §20A-8-401(2) and §20A-9-403 to determine qualifications for membership and certification of Party candidates.
The purpose of this rule is to ensure that only individuals who meet the Party’s membership standards and internal nomination requirements may appear on the ballot as Republican candidates.
SECTION 2. CERTIFICATION REQUIRED TO APPEAR ON THE BALLOT AS A REPUBLICAN
No individual may appear on the ballot with the “Republican” designation unless they are formally certified as a Republican candidate by the Utah Republican Party pursuant to this rule.
Certification is a prerequisite to Party recognition, nomination, and ballot designation.
SECTION 3. CERTIFICATION STANDARD
To be certified as a Republican candidate, an individual must:
- Be a current member of the Utah Republican Party as defined by Party rules;
- Not have forfeited membership under the Signature Path Incompatibility Rule;
- Meet all Party eligibility requirements, including:
- One-Year Republican Registration Requirement
- Candidate Commitment Requirement
- Any additional requirements adopted by Party rule, constitution, or bylaw
- Have obtained ballot access exclusively through the Party’s nominating convention, unless granted a new-resident exception by the Party under the Membership Rule;
- Submit all required disclosures, forms, and affirmations to the Credentials Committee.
SECTION 4. AUTOMATIC NON-CERTIFICATION FOR SIGNATURE-PATH CANDIDATES
The following individuals shall not be certified as Republican candidates:
- Any individual who seeks ballot access via signature gathering under Utah Code §20A-9-408;
- Any individual who authorizes, employs, or directs others to gather signatures on their behalf;
- Any individual who submits a declaration of candidacy relying on signatures as the basis for primary ballot placement.
Such individuals have forfeited Party membership and are ineligible for certification.
This disqualification is self-executing and does not require a separate Party vote.
SECTION 5. RESPONSIBILITY OF THE CREDENTIALS COMMITTEE
The State Credentials Committee shall:
- Review all candidates seeking to appear as Republicans;
- Determine compliance with Party rules and membership standards;
- Issue one of the following determinations:
- “CERTIFIED REPUBLICAN CANDIDATE”
- “NOT CERTIFIED – NOT A REPUBLICAN CANDIDATE”
- Deliver certification decisions to:
- The candidate;
- The Party Chair;
- The Lieutenant Governor (for statewide/multicounty races);
- County clerks (for local races).
Local Credentials Committees shall apply the same process for county and legislative district offices.
SECTION 6. EFFECT OF NON-CERTIFICATION
If the Party determines that a candidate is not certified, then:
- The individual may not appear on the ballot using the Republican designation;
- The Party shall notify the Lieutenant Governor that the individual is not a Republican candidate under Party rules;
- The candidate may still appear on the ballot, but only as:
- Unaffiliated,
- Independent, or
- Candidate of another political party;
The Party will not endorse, recognize, seat, or support such individuals;
Such individuals are not eligible to participate in Party nomination processes.
SECTION 7. APPEALS
A candidate may appeal non-certification ONLY on procedural grounds, not substantive grounds.
The appeal must be:
- Filed within 5 days of notice;
- Limited to procedural irregularities;
- Decided by the State Central Committee.
The SCC’s decision is final.
SECTION 8. FIRST AMENDMENT FOUNDATION
This rule is supported by:
- Tashjian v. Republican Party of Connecticut
- California Democratic Party v. Jones
- Eu v. San Francisco County Democratic Committee
- Cousins v. Wigoda
- Ray v. Blair
- Utah Republican Party v. Cox (10th Cir.)
These cases affirm that: Political parties—NOT the state—determine their nominees and membership.
The state may administer elections but may not dictate who is a Republican.
SECTION 9. EFFECTIVE DATE
This rule is effective immediately and applies to all current, prospective, and future candidates seeking to appear on the ballot as Republicans.
THIS IS THE RULE THAT RESTORES PARTY POWER
With this rule in place:
- Signature-gathering no longer produces a “Republican candidate.”
- Only the convention route produces a Republican candidate.
- Only certified candidates appear on the ballot as Republicans.
- If there is only ONE certified Republican candidate, NO REPUBLICAN PRIMARY OCCURS.
- SB54 becomes irrelevant without violating the statute.
This is our functional repeal of SB54.
CANDIDATE INTEGRITY & PARTY PROTECTION LEGAL PPOSITION PAPER
I. Introduction
This position paper outlines the Utah Republican Party’s constitutional and statutory authority to define its membership, set candidate eligibility requirements, and determine who may appear on the ballot as a Republican...regardless of Utah’s SB54 signature-gathering process.
These reforms are necessary to prevent infiltration by non-Republicans and protect the integrity of the Republican label.
II. Constitutional Foundation: First Amendment Associational Rights
The U.S. Supreme Court has repeatedly affirmed that political parties are private associations with First Amendment rights that supersede conflicting election laws.
Political parties have the constitutional right to:
III. Utah Law Supporting Party Autonomy
Utah statutes explicitly recognize party autonomy:
IV. How SB54 Survived Constitutionality
The 10th Circuit upheld SB54 only because:
The court explicitly held that the Party retains sufficient associational rights, meaning: A candidate may access the ballot through signatures...but not automatically as a REPUBLICAN.
The Party still decides who carries its label.
V. Enforcement Through Candidate Certification
Because of these constitutional protections, the Utah Republican Party may:
Certification is the enforcement mechanism that makes all Party standards legally binding.
A candidate who is not certified must be listed by the Lt. Governor as:
...but not as “Republican.”
This is required by the First Amendment and multiple U.S. Supreme Court decisions.
VI. Legality of the Party’s Proposed Reforms
VII. Conclusion
SB54 is constitutional only because courts interpret it in a way that preserves the Party’s First Amendment rights. The state may run elections, but it may not decide who is a Republican candidate. That authority belongs solely to the Utah Republican Party.
Therefore, the Party has full legal authority to adopt and enforce:
These reforms are airtight, enforceable, and essential for protecting the Party from infiltration.
This position paper outlines the Utah Republican Party’s constitutional and statutory authority to define its membership, set candidate eligibility requirements, and determine who may appear on the ballot as a Republican...regardless of Utah’s SB54 signature-gathering process.
These reforms are necessary to prevent infiltration by non-Republicans and protect the integrity of the Republican label.
II. Constitutional Foundation: First Amendment Associational Rights
The U.S. Supreme Court has repeatedly affirmed that political parties are private associations with First Amendment rights that supersede conflicting election laws.
Political parties have the constitutional right to:
- define their own membership
- set internal eligibility rules
- select their own nominees
- exclude unwanted candidates
- control who uses the party’s name on the ballot
III. Utah Law Supporting Party Autonomy
Utah statutes explicitly recognize party autonomy:
- Utah Code §20A-8-401(2) - A registered political party may determine membership qualifications.
- Utah Code §20A-8-402 - Parties may adopt internal rules for governance, procedure, and candidate selection.
- Utah Code §20A-9-403 - Parties certify, refuse to certify, or withdraw certification of their candidates.
- Utah Code §20A-9-408 (SB54) - Creates an alternative route to the ballot through signatures...but does not define who is a Republican or require the Party to accept the signature-gathering candidate as the Party’s nominee.
IV. How SB54 Survived Constitutionality
The 10th Circuit upheld SB54 only because:
- It does not force the Party to accept unwanted candidates;
- It does not remove the Party’s control over who is a Republican;
- It does not replace Party nomination authority with state authority.
The court explicitly held that the Party retains sufficient associational rights, meaning: A candidate may access the ballot through signatures...but not automatically as a REPUBLICAN.
The Party still decides who carries its label.
V. Enforcement Through Candidate Certification
Because of these constitutional protections, the Utah Republican Party may:
- require 1-year continuous Republican registration
- require a candidate commitment pledge
- impose internal standards
- refuse to certify any candidate who does not comply
Certification is the enforcement mechanism that makes all Party standards legally binding.
A candidate who is not certified must be listed by the Lt. Governor as:
- unaffiliated
- independent
- candidate of another party
...but not as “Republican.”
This is required by the First Amendment and multiple U.S. Supreme Court decisions.
VI. Legality of the Party’s Proposed Reforms
- One-Year Republican Registration Requirement Supported by Rosario v. Rockefeller and Clingman v. Beaver (both uphold affiliation timing rules).
- Candidate Commitment Pledge Supported by Ray v. Blair (parties may require loyalty pledges from would-be representatives of the party).
- Candidate Certification Supported by Tashjian, Jones, Eu, and Cousins—all hold that the state cannot force a party to accept candidates it does not choose.
- Membership Clarification Explicitly supported by Utah Code §20A-8-401(2).
VII. Conclusion
SB54 is constitutional only because courts interpret it in a way that preserves the Party’s First Amendment rights. The state may run elections, but it may not decide who is a Republican candidate. That authority belongs solely to the Utah Republican Party.
Therefore, the Party has full legal authority to adopt and enforce:
- a 1-year registration rule
- a candidate commitment pledge
- a certification rule
- clarified membership standards
These reforms are airtight, enforceable, and essential for protecting the Party from infiltration.
AUTHORITIES APPENDIX
(For attorneys, SCC packets, or official filings)
I. U.S. Supreme Court Decisions
II. Utah Statutory Authority
III. 10th Circuit — Utah Republican Party v. Cox
(2018 major decision upholding SB54 only because it does not compel the party to accept unwanted candidates or surrender associational rights.) Kept the convention path open.
Parenthetical summary: (Party retains constitutional rights; SB54 constitutional solely because it leaves intact the ability to define membership, choose nominees, and decline unwanted candidates.)
- Tashjian v. Republican Party of Connecticut, 479 U.S. 208 (1986).
- California Democratic Party v. Jones, 530 U.S. 567 (2000).
- Eu v. San Francisco County Democratic Central Committee, 489 U.S. 214 (1989).
- Cousins v. Wigoda, 419 U.S. 477 (1975).
- Ray v. Blair, 343 U.S. 214 (1952).
- Rosario v. Rockefeller, 410 U.S. 752 (1973).
- Clingman v. Beaver, 544 U.S. 581 (2005).
II. Utah Statutory Authority
- Utah Code §20A-8-401(2)
- Utah Code §20A-8-402
- Utah Code §20A-9-403
- Utah Code §20A-9-408
III. 10th Circuit — Utah Republican Party v. Cox
(2018 major decision upholding SB54 only because it does not compel the party to accept unwanted candidates or surrender associational rights.) Kept the convention path open.
Parenthetical summary: (Party retains constitutional rights; SB54 constitutional solely because it leaves intact the ability to define membership, choose nominees, and decline unwanted candidates.)
DRAFT LETTER TO THE LIEUTENANT GOVERNOR
Below is a professionally drafted, legally grounded, and strategically precise letter to the Utah Lieutenant Governor.
This version:
This is the kind of letter a Party General Counsel should send.
Utah Republican Party Letterhead
[Date]
The Honorable [Lieutenant Governor’s Name]
Office of the Lieutenant Governor
Utah State Capitol
Salt Lake City, Utah
Re: Formal Notice of Utah Republican Party Candidate Certification and Membership Rules
Lieutenant Governor [Name]:
This letter serves as formal notice of newly adopted Utah Republican Party rules governing Party membership, candidate eligibility, and candidate certification for any individual seeking to appear on Utah election ballots as a Republican.
These rules are adopted pursuant to:
These rules take immediate effect.
I. Party Membership Rule
The Utah Republican Party has adopted a rule establishing that: Any individual who seeks ballot access under the signature-gathering path of Utah Code §20A-9-408 automatically forfeits Republican Party membership and is not eligible to be recognized as a Republican candidate.
This rule is grounded in the Party’s First Amendment right to define its own membership (Tashjian v. Republican Party, 479 U.S. 208 (1986)) and its constitutional right not to associate with unwanted candidates (California Democratic Party v. Jones, 530 U.S. 567 (2000)).
II. Candidate Certification Rule
The Party has separately adopted a Candidate Certification Rule which provides: No individual may appear on any ballot as a Republican unless certified by the Utah Republican Party.
Signature-gathering candidates are automatically “Not Certified,” as they are no longer members of the Utah Republican Party.
This rule is supported by Utah Code §20A-9-403(2) requiring political parties to certify their nominees, and by longstanding constitutional doctrine affirming party control over the identity of its nominees.
III. Effect of Non-Certification
Under these rules, individuals who seek the signature path:
The Party will provide your office with a list of Certified Republican Candidates prior to each statutory deadline and will also notify you of any individual who is not certified.
We respectfully request that your office:
IV. Constitutional Basis
The Utah Republican Party’s rights to:
These cases affirm that:The State may administer elections, but it may not determine or override who a political party recognizes as its members or its nominees.
Under these principles, the State of Utah must rely on the Party’s certification to determine which individuals appear on the ballot as Republicans.
V. Request for Confirmation
Please confirm:
We value our cooperative working relationship and look forward to ensuring that Utah elections remain consistent with both state law and constitutional requirements.
Respectfully,
[Name]
Chair, Utah Republican Party
[Name]
General Counsel, Utah Republican Party
Cc:
State Central Committee
State Party Executive Committee
Office of Legislative Research and General Counsel
This version:
- Formally notifies the State of the Party’s new Membership & Certification Rules
- Asserts First Amendment protections
- Clearly states the Party will no longer certify signature-path candidates
- Instructs the Lt. Governor how to treat non-certified candidates on the ballot
- Locks the State into a constitutionally compliant position
This is the kind of letter a Party General Counsel should send.
Utah Republican Party Letterhead
[Date]
The Honorable [Lieutenant Governor’s Name]
Office of the Lieutenant Governor
Utah State Capitol
Salt Lake City, Utah
Re: Formal Notice of Utah Republican Party Candidate Certification and Membership Rules
Lieutenant Governor [Name]:
This letter serves as formal notice of newly adopted Utah Republican Party rules governing Party membership, candidate eligibility, and candidate certification for any individual seeking to appear on Utah election ballots as a Republican.
These rules are adopted pursuant to:
- The Utah Republican Party’s First Amendment freedom of association;
- Utah Code §20A-8-401(2) (membership qualifications);
- Utah Code §20A-8-402 (party governance authority);
- Utah Code §20A-9-403 (candidate certification authority); and
- U.S. Supreme Court precedent affirming party autonomy in nomination and membership decisions.
These rules take immediate effect.
I. Party Membership Rule
The Utah Republican Party has adopted a rule establishing that: Any individual who seeks ballot access under the signature-gathering path of Utah Code §20A-9-408 automatically forfeits Republican Party membership and is not eligible to be recognized as a Republican candidate.
This rule is grounded in the Party’s First Amendment right to define its own membership (Tashjian v. Republican Party, 479 U.S. 208 (1986)) and its constitutional right not to associate with unwanted candidates (California Democratic Party v. Jones, 530 U.S. 567 (2000)).
II. Candidate Certification Rule
The Party has separately adopted a Candidate Certification Rule which provides: No individual may appear on any ballot as a Republican unless certified by the Utah Republican Party.
Signature-gathering candidates are automatically “Not Certified,” as they are no longer members of the Utah Republican Party.
This rule is supported by Utah Code §20A-9-403(2) requiring political parties to certify their nominees, and by longstanding constitutional doctrine affirming party control over the identity of its nominees.
III. Effect of Non-Certification
Under these rules, individuals who seek the signature path:
- Are not members of the Republican Party;
- Are not eligible for Republican certification;
- May not be listed on the ballot with the Republican designation;
- May still appear on the ballot only as:
- Unaffiliated;
- Independent; or
- A candidate of another political party.
The Party will provide your office with a list of Certified Republican Candidates prior to each statutory deadline and will also notify you of any individual who is not certified.
We respectfully request that your office:
- List only certified individuals as Republican candidates,
- List all non-certified individuals without the Republican designation, and
- Confirm administrative procedures for processing certification status.
IV. Constitutional Basis
The Utah Republican Party’s rights to:
- determine its membership,
- define candidate eligibility, and
- select its own nominees
- Tashjian v. Republican Party (1986)
- California Democratic Party v. Jones (2000)
- Eu v. San Francisco Democratic Committee (1989)
- Cousins v. Wigoda (1975)
- Ray v. Blair (1952)
- Utah Republican Party v. Cox (10th Cir. 2018)
These cases affirm that:The State may administer elections, but it may not determine or override who a political party recognizes as its members or its nominees.
Under these principles, the State of Utah must rely on the Party’s certification to determine which individuals appear on the ballot as Republicans.
V. Request for Confirmation
Please confirm:
- Receipt of this notice, and
- That your office will comply with the Party’s candidate certification under Utah Code §20A-9-403.
We value our cooperative working relationship and look forward to ensuring that Utah elections remain consistent with both state law and constitutional requirements.
Respectfully,
[Name]
Chair, Utah Republican Party
[Name]
General Counsel, Utah Republican Party
Cc:
State Central Committee
State Party Executive Committee
Office of Legislative Research and General Counsel
