Phil Lyman

Petitioner Pro se
333 South Main Street
Blanding, Utah 84511
435-459-2800
phlyman@gmail.com

SUPREME COURT OF UTAH

450 S. State St.
Salt Lake City, UT 84111

Phil Lyman,

Petitioner,
PETITION FOR EXTRAORDINARY
v. WRIT OF DECLARATORY AND
INJUNCTIVE RELIEF
SPENCER COX, as the individual who is
allegedly nominated as the Utah
Republican Party nominee, Case No.
DEIDRE HENDERSON, Lieutenant
Governor of the State of Utah, in her
official capacity as chief election officer
and authorized agent for the State of Utah
and as the individual who is allegedly
nominated,

ROBERT AXSON, Utah Republican

Party State Party Officer and Chair, in his
official capacity as party liaison with the
Lieutenant Governor,

UTAH REPUBLICAN PARTY, Political

Party qualified to participate in a Utah
election,

Respondent(s.)
 INTRODUCTION

1. Before Utah passed legislation known as Senate Bill 54 (hereinafter, SB54)

in 2014, Utah election law gave political parties freedom to choose how they would

nominate candidates for the general election. Parties could choose whether to use the state’s

primary election mechanism. With that freedom, the Utah Republican Party (the, “URP”)

chose not to use the primary as its principal means of selecting candidates. Instead, URP

had, and continues to employ, a carefully crafted convention process; however,

requirements of Senate Bill 54 continue to undermine the party convention system —

fueling intra-party strife and endangering the associations’ very existence.

2. Pursuant to UCA 20A-4-403(2), this petition is contesting the results of the

primary election held on June 25, 2024, the petitions nominating independent candidates

for the primary election — and challenges the election officer, URP State Chair, and

political party convention for failing to nominate any individuals the political party

nominated through their convention process held on April 27, 2024, as receiving 60% or

more of the delegate votes cast in accordance with party’s constitutions and bylaws.

3. Petitioner Phil Lyman respectfully petitions this Court for an Extraordinary

Writ of declaratory relief specifying the rights, obligations, or existence of facts of the

provisions in claims for relief. Further seeking injunctive relief to set aside and annul the

2024 Primary elections for the URP candidates who received 60% or more votes at the

URP nominating conventions held on April 27, 2024, qualifying them as the party

nominees through the party’s convention process. See UCA § 20A-9-701 — ordering
judicial removal for malfeasance in office. Additionally, Petitioner seeks injunctive relief

for the production of documents, records, or any other evidence necessary to determine the

legality or illegality of any petition nominating candidates, and votes cast or counted.

PARTIES
4. Petitioner, Phil Lyman, (hereinafter, “Petitioner Lyman”) is a registered Utah

voter contesting the right to nomination of Spencer J. Cox and Phil Lyman to the public

office of Governor and Deidre M. Henderson and Natalie Clawson to the public office of

Lieutenant Governor. Petitioner Lyman is a registered voter in the jurisdiction in which the

election was held, the jurisdiction in which the June 25, 2024, Utah Primary was held and

a declared candidate who was nominated by the Republican Party for the Utah Governor’s

office without having to appear on the primary election ballot.

5. Respondent, Spencer J. Cox, (hereinafter, “Respondent Cox”, collectively

“Respondents”) is the incumbent Governor of Utah, a resident of Utah, and a member of

the Republican Party, and the individual who was allegedly nominated as the Utah

Republican Party nominee to be placed on the November 5, 2024, general election ballot

for the public office of Governor.

6. Respondent, Deidre M. Henderson, (hereinafter, “Respondent Henderson”)

is the Lieutenant Governor of the State of Utah and her official capacity is the chief election

officer of the State of Utah who is entrusted to enforce all of the provisions at issue. See

Utah Code § 20A-1-105(1). She is responsible to oversee, and generally supervise, all

elections and functions related to elections in the state; and obligated to “enforce

compliance by election officers with all legal requirements relating to elections… see Code
§ 20A-1-105(1)(c)(iii). She is a resident of Utah, and a member of the Republican Party,

and a member of the Republican Party, and the individual who was allegedly nominated as

the Utah Republican Party nominee to be placed on the November 5, 2024, general election

ballot for the public office of Lieutenant Governor.

7. Respondent, Robert Axson, (hereinafter, “Respondent Axson”) is the Utah

Republican Party Officer serving as the State Party Chair and his official capacity is to

serve as liaison with the Lieutenant Governor of the State of Utah on all matters relating to

state election laws.

8. Respondent, Utah Republican Party, (hereinafter, “URP”) is the organization

of registered voters that has qualified to participate in an election by meeting the

requirements of Chapter 8, Political Party Formation and Procedures.

JURISDICTION & VENUE

9. The Utah Supreme Court is vested with original jurisdiction and venue to

answer questions of state law certified by a court of the United States. In this instance, the

10th Circuit Court of Appeals has certified a question of SB54, thereby invoking the

Supreme Court original jurisdiction. Additionally, the Supreme Court possess appellate

jurisdiction over all other matters as provided by state, where there have already been two

district court decisions regarding this issue, the Supreme Court is empowered to review

this petition and issue all necessary writs and orders. Petitioner Lyman is contesting the

results of a primary election for the nomination of governor and lieutenant governor, a

nomination made by voters in more than one county.

 DISTRICT COURT – IMPRACTICAL AND INAPPROPRIATE

10. Article VII, Section 3 of the Utah Constitution provides “[t]he Supreme

Court ha[s] original jurisdiction to issue all extraordinary writs and to answer question of

state law certified by a court of the United States.” The Legislature can neither increase nor

decrease this court’s constitutionally derived powers. The court noted "[i]t must . . . be

conceded that whatever power was conferred upon the courts by the Constitution cannot

be enlarged or abridged by the Legislature." State ex rel. Robinson v. Durand, 104 P. 760,

763 (Utah 1908); see also Petersen v. Utah Bd. of Pardons, 907 P.2d

1148, 1152 (Utah 1995) ("Because this Court's writ powers are derived from the

constitution, the Legislature cannot diminish them. As early as 1908, it was established that

the Legislature had no power to restrict the writ [*1044] powers."). Although UCA § 20A-

4-403(2)(a)(ii) has been stricken as unconstitutional and still remains in the Utah code, it

would be impractical or inappropriate to file the petition in the district court because SB54

— the crux of the petition — has been an issue since it was signed into law on March 10,

2014. There have been two lawsuits filed in district court and a challenge to the second

lawsuit to the Tenth Circuit in 2018 – with an issuing of opinion.

11. Issues of fact and record have already been generated by these other official

proceedings. Between the first lawsuit, Utah Republican Party v. Herbert, 133 F. Supp. 3d

1337 (D. Utah 2015) ("URP I"), the second lawsuit, See Utah Republican Party v. Cox, 177

F. Supp. 3d 1343 , 1354 (D. Utah 2016) ("URP III") (noting similarities), and the Utah

Republican Party v. Cox, 885 F.3d 1219 (10th Cir. 2018), Court Opinion, it would be
inappropriate to file the petition in the district court where an issue has already been

preserved at trial and argued on appeal.

No other plain, speedy, or adequate remedy exists.

12. The petition is tied to a very specific election deadline and demands

immediate resolution that prevents the district court from providing a “plain, speedy, or

adequate remedy.” Moreover, the egregiousness of the error from the office of the

Lieutenant Governor is reason enough alone to grant the petition. The lieutenant governor

erroneously denied Petitioner Lyman’s candidacy and all citizens of Utah their right to vote

— violating URP’s Constitution and Bylaws — ultimately violating the First and

Fourteenth Amendments of the Party. This error may result in several candidates’ primary

elections being set aside.

13. The significance of the legal issue presented by this petition, the severity of

the consequences occasioned by the error — ultimate judicial removal from office for

malfeasance and nullification of an election — should give rise to grant the petition for

extraordinary writ. However, the petition is presented on facts and official proceedings and

already has records from two district courts and the 10th Circuit Court of appeals related to

the very issue that this petition presents, SB54.

FACTUAL BACKGROUND

Political Party Formation and Procedures

14. The URP was established in 1854 and its general purpose is to nominate and

support the election of Republican candidates and its membership is open to any resident
of the state of Utah who wishes to register as a Republican and comply with the Utah

Republican Constitution and Bylaws.

15. In accordance with the Republican Party's Constitution and Bylaws, each

caucus meeting is open to the public and begins with a prayer, a recitation of the Pledge of

Allegiance, and a reading of the Party's platform. During these meetings, attendees select

community representatives to serve as delegates to the Party's convention, where party

nominees are vetted and subsequently considered and selected.

16. In accordance with UCA § 20A-8-401, the Party ensured that the party’s

constitution included its internal procedures for selecting party candidates at the federal,

state, and county levels that allows active participation by party members. “The URP's

Constitution and Bylaws dictate the voting procedure for the nominating conventions,

mandating multiple ballots for each elected office until the field is winnowed to the top

two candidates, or until a candidate receives 60% or more of the delegate's vote.” Utah

Republican Party v. Cox, 177 F. Supp. 3d 1343, 1356 (D. Utah 2016)

17. Article XII - Section 2 of the URP Constitution, the URP nominates

candidates for partisan offices by a nominating convention and primary elections. A

candidate for an office that receives 60% or more of the votes cast at any point in the

balloting process at the state nominating conventions completes the party convention

process making the candidate the party nominee and proceeding to the general election.

See Exhibit A

18. Article XII - Section 5 of the URP Constitution, when no candidate reaches

60% at any point in the balloting process at the state nominating convention, the Party
nominating convention continues on and the two candidates who received the most votes

run in a primary election in accordance with Utah Code. See Exhibit A

Candidate Qualifications and Declarations of Candidacy

19. On January 2, 2024, Petitioner Lyman filed a Declaration of Candidacy for

the Office of Governor, stating his affiliation with the Republican Party and his intention

to seek the nomination through both the convention process and the signature-gathering

process. Additionally, he voluntarily filed a Pledge of Fair Campaign Practices, endorsing,

subscribing to, and solemnly pledging to conduct his campaign in accordance with the

principles outlined in UCA §20A-9-206, which includes running his campaign openly and

publicly.

20. On January 3, 2024, Respondent Cox filed a Declaration of Candidacy for

the Office of Governor, declaring his affiliation with the Republican Party and his intention

to seek the nomination through both the convention process and the signature-gathering

process. Additionally, he voluntarily filed a Pledge of Fair Campaign Practices, endorsing,

subscribing to, and solemnly pledging to conduct his campaign in accordance with the

principles outlined in UCA §20A-9-206, which includes running his campaign openly and

publicly.

21. On January 3, 2024, Respondent Cox completed the 2024 Method of

Signature Gathering Form, indicating his intention to gather signatures using the manual

process outlined in UCA §20A-9-408. Respondent Cox may seek the nomination of the

qualified political party by collecting 28,000 signatures from Republican registered voters
in the state who are eligible to vote for the Republican Party’s candidates in a primary

election, as specified in UCA §20A-9-408(8)(b)(i).

22. On March 26, 2024, Respondent Henderson filed a Declaration of Candidacy

for the Office of Lieutenant Governor, declaring her affiliation with the Republican Party

and her intention to seek the nomination through both the convention process and the

signature-gathering process. On the same day, Respondent Henderson also filed a Pledge

of Fair Campaign Practices, voluntarily endorsing, subscribing to, and solemnly pledging

to conduct her campaign in accordance with the principles described in UCA §20A-9-206,

including running her campaign openly and publicly.

23. On May 6, 2024, Natalie Clawson (hereinafter, “Candidate Clawson”) filed

a Declaration of Candidacy for the Office of Lieutenant Governor, declaring her affiliation

with the Republican Party and her intention to seek the nomination through both the

convention process and the signature-gathering process. On the same day, Candidate

Clawson also filed a Pledge of Fair Campaign Practices, voluntarily endorsing, subscribing

to, and solemnly pledging to conduct her campaign in accordance with the principles

described in UCA § 20A-9-206, including running her campaign openly and publicly.

Convention Process to seek the nomination of qualified political party.

24. In accordance with UCA 20A-9-407, the URP held its state convention on

April 27, 2024, for candidates seeking the nomination through the convention process. At

the nominating convention, Respondent Cox received 32.46% of the Republican delegate

votes, while Petitioner Lyman received 67.54% of the Republican delegate votes
completing the convention process and qualifying Petitioner Lyman as the party nominee

and proceeding straight to the general election.

25. According to UCA § 20A-9-407(6), the URP nominated a candidate through

its convention process. The party must certify the candidate’s name to the lieutenant

governor before the deadline described in Subsection 20A-9-202(1)(b) for the declarations

of candidacy for regular general elections. The ballot must indicate that the candidate was

nominated by a qualified political party through the convention process, as described in

Subsection 20A-9-407(7).

Signature-gathering process to seek the nomination of a qualified political party.

26. Respondent Cox declared he was seeking nomination of the URP using both

the convention process and the signature-gathering process, as per UCA § 20A-9-406. A

member of a qualified political party may seek the nomination by collecting 28,000

signatures from registered voters in the state who are permitted by the qualified political

party to vote for its candidates in a primary election. See UCA § 20A-9-408.

27. Petitioner Lyman also declared he was seeking nomination of the URP using

both the convention process and the signature-gathering process. However, all signature

gathering efforts ceased on May 6, 2024. Throughout this process, Petitioner Lyman

discovered that without substantial funds to pay signature gatherers, the effort was overly

burdensome.

28. Davis County Clerk, Brian McKenzie, reviewed all signatures of statewide

candidates, including Respondent Cox’s nominating petition, and confirmed that 28,006
valid signatures were submitted. Respondent Henderson, certified Respondent Cox as a

candidate for the primary election on May 1, 2024. See Exhibit B

Primary elections

29. An individual may only seek the nomination of the qualified political party

by using a method described in Section 20A-9-407, Section 20A-9-408, or both. See § 20A-

94-406(3)

30. April 27, 2024, Petitioner Lyman was nominated through the party

convention process described in Section § 20A-9-407. In accordance with URP

Constitution, after the state convention was held, any candidate who had reached 60% or

more of the votes cast at any point in the balloting process filled the party’s nominee

position and proceeded to the general election. Only those elective offices where candidates

did not reach 60% would proceed to the primary election.

31. For the office of the Governor, the Party did not nominate “one or more”

candidates for the Primary election under Section 20A-9-407, it nominated one by reaching

60% or more of the votes automatically advancing Petitioner Lyman to the general election

and for his name to be certified to the lieutenant governor — UCA§ 20A-9-407(6);

therefore, UCA § 20A-9-409(2)(c) does not apply and the URP was not required to

participate in the Primary.

32. The aspects of SB54 required parties to allow candidates to qualify for the

primary ballot through either the nominating convention or by gathering signatures, or

both. Although SB54 created two paths to the Primary election, it did not change the
internal procedures of the party that if a single candidate achieves over 60% of the caucus

vote, that candidate is certified to the state for placement on the general election ballot, and

no primary is held for that office. If no candidate receives 60% of the convention vote, the

top two candidates proceed to a state-administered primary election involving only URP

members, including those who access the primary ballot by collecting signatures. The

winner of that primary election is then certified to the state for placement on the general

election ballot. See UCA § 20A-9-407.

33. The Supreme Court’s jurisprudence has consistently reflected this difference

between the party’s internal mechanisms and its external manifestations. “A political party

has a First Amendment right to limit its membership as it wishes, and to choose a candidate-

selection process that will in its view produce the nominee who best represents its political

platform.” Utah Republican Party v. Cox, 885 F.3d 1219, 1230, 2018 BL 94102, at *7 (10th

Cir. 2018) These rights were not circumscribed when Petitioner Lyman was nominated by

67.54% of the delegate votes at the nominating convention advancing him to the general

election.

34. Nor did SB54 provide for the URP Constitution and Bylaws to be disregarded

and nullified when it came to the rules of the candidate selection process. URP may still

certify the winners of the convention — if one advances on to the general or two or more

emerge from the convention to the Primary. “If a party chooses to register as a QPP,

however, it may still hold a caucus, and may certify the winners of the caucus to the primary

ballot as before. See generally Utah Code § 20A-9-406 et seq. But unlike under the

previous system, a party may not restrict access to the primary ballot just to candidates
who emerge from the party convention. Under SB54, a candidate who is unwilling or

unable to gain placement on the primary ballot through the caucus and convention may still

qualify for the primary by gathering a set number of signatures by petition from eligible

primary voters. Specifically, SB54 provides that in order to qualify as a QPP the party must

allow its members "to seek the registered political party's nomination for any elective office

by the member choosing to seek the nomination by either or both of the following methods:

(i) seeking the nomination through the registered political party's convention process . . .

or (ii) seeking the nomination by collecting signatures[.]" Utah Code § 20A-9-101(12)(c)

[sic] “-101(13)(c)” ("the Either or Both Provision") (emphasis added).” Utah Republican

Party v. Cox, 885 F.3d 1219, 1225, 2018 BL 94102, at *2 (10th Cir. 2018)

Government Records Access and Management Act

35. The legislative intent behind enacting the Government Records Access and

Management Act (GRAMA) was to uphold two constitutional rights: the public’s right of

access to information concerning the conduct of public business and the right to privacy

regarding personal data gathered. Unfortunately, those in positions of authority often

misinterpret and misapply the law, whether intentionally or out of willful ignorance.

36. Petitioner Lyman and other members of the public have requested to receive

a list of names of those individuals that signed the political nomination petitions for the

members of the URP that gathered signatures to seek the nomination of the qualified

political party, which is a form approved by the lieutenant governor that complies with

Subsection 20A-9-405(3).
 37. When a records custodian receives a request to view or obtain a list of

signatures, the lieutenant governor is required to provide a list of the names of the

individuals who signed the petition or request and permit an individual to view, but not

take a copy of the image of the signatures. See UCA § 63G-2-305.5(1) The signature is

classified as protected under UCA § 63G-2-305(74) — “except as provided in Subsection

63G-2-305.5(1), the signature of an individual on a political petition, or on a request to

withdraw a signature from a political petition, including a petition or request described in

the following…Title 20A, Election Code[.]”

38. The list of names and other identifying information provided by the

individuals that sign political petitions are not classified as private or withheld records

because the information collected by the candidate is not part of the voter registration under

Title 20A, Chapter 2.

39. The Lieutenant Governor’s office is denying or partially fulfilling the

GRAMA requests because the Lieutenant Governor’s office claims that UCA § 63G-2-

305.5(1) allows them to redact information of those individuals that are classified private

records under UCA § 63G-2-302, providing only 40% of the names and information of

those who signed the political nominating petitions for the candidates.

40. On the bottom of each Petition to Nominate sheets are part of the certificate

of nomination and the following words are written on the bottom of each certificate of

nomination signature sheet: "WARNING: It is a class A misdemeanor for anyone to

knowingly sign a certificate of nomination signature sheet with any name other than the

person's own name or more than once for the same candidate or if the person is not
registered to vote in this state and does not intend to become registered to vote in this state

before signatures are certified by a filing officer.”

41. Pursuant to UCA § 20A-2-201(2) “A record is public unless otherwise

expressly provided by statute.” Only records not public are specified in Sections 63G-2-

302, 63G-2-303, 63G-2-304, 63G-2-305. The Cast Vote Records (CVR) and all its

accompanying tabulator information, ballot images, envelopes, tabulator tapes, and the

backup project database for the 2024 Primary election is not specified as within those

sections and should be made available to the public.

CLAIMS FOR RELIEF

COUNT I

1. Petitioner Lyman achieved over 60% of the caucus vote and should be

certified to the state for placement on the general election ballot to be held on November

5, 2024, in accordance with UCA §20A-9-401, respectively.

COUNT II

2. The primary election held for the office of the Governor on June 25, 2024,

was improperly conducted for the office of Governor and Lieutenant Governor and should

be set aside because the improper conduct will change the result for that office in

accordance with UCA § 20A-9-401, respectively.

COUNT III

3. The “signature” on political petitions is the only record that is protected by

UCA § 63G-2-305(74) and petition sheets of nomination petitions are the certificate of
nominations for those candidates’ seeking nomination through signature gathering. “It is

unlawful for any person to suppress any certificate of nomination, or letter of declination or

resignation, or any part of a certificate of nomination or letter of declination or resignation

that has been legally filed,” respectively. See UCA § 20A-1-605(1)(c)

COUNT IV

4. A record is public unless otherwise expressly provided by statute. The Cast

Vote Records (CVR) and all its accompanying tabulator information, tabulator tapes, ballot

images, envelopes, and the backup project database for the 2024 Primary election is not

specified as within those sections and should be made available to the public in accordance

with UCA § 63G-2, respectively.

PRAYER FOR RELIEF

Wherefore, Petitioner respectfully request that this Court:

1. Grant declaratory relief specifying the rights, obligations, or existence of facts

of the provisions in Counts I – IV.

2. Grant injunctive relief, ordering that:

a. Petitioner Lyman is the URP nominee for the office of Governor,

certifying his name for the November 5, 2024, general election ballot, and

to set aside and annul the June 25, 2024, primary election for that office

and any other office for a URP candidate receiving 60% of the vote at the
 nominating convention held on April 27, 2024, advancing them to the

general election.

b. The Utah Republican Party Chair, Rob Axson, to certify Petitioner Lyman

and any other candidates who were nominated through the URP state

convention with 60% of the caucus vote, as the party's nominees, in

accordance with UCA § 20A-9-407.

c. The Utah Republican Party to provide all state and county delegate

information lists for all 29 counties, including precinct and legislative

chair information to Petitioner Lyman and any other candidate impacted

by this error. Additionally, the party should communicate (via mailers,

emails, phone calls, etc.) to all party members, delegates, and party

leadership regarding the error. Naming the candidates who received 60%

of the caucus vote as the party nominees for the November 5, 2024,

general election.

d. Certifying to each county clerk the name of Petitioner Lyman and any

other candidates that were nominated through the URP state convention

receiving 60% of the caucus vote, to be placed on the November 5, 2024,

general election ballot designating them the party nominees.

e. Lieutenant Governor Henderson to issue a statement to the entire state of

Utah explaining the mistake related to the URP primary election. This

statement should list the names of those party nominees who received

60% of the caucus vote and who will be listed on the November 5, 2024,
 general election. The announcement should be made using all available

media sources.

f. Lieutenant Governor Henderson to provide the full list of names of the

individuals who signed the candidate nominating petitions for those

candidates that sought access as a member of the URP to the 2024

Primary ballot, to Petitioner Lyman and any individuals who have

requested them pursuant to the Government Records Access and

Management Act.

g. Lieutenant Governor Henderson and all custodians of records to provide

the records requested by Petitioner Lyman and any other individual

regarding the 2024 Primary election results.

h. A judgment of removal from office for Lieutenant Governor Deidre

Henderson for malfeasance in office in accordance with UCA § 78B-6-

606.

i. A judgment of removal from office for Governor Spencer Cox for

malfeasance under UCA § 78B-6-606. As he was the Lieutenant

Governor during the district court cases related to SB54, he should have

had knowledge of how to apply it properly.

j. Appointing the President of the Senate to serve as Governor until the first

Monday in January of the year following the November 5, 2024, general

election. Utah Constitution Article VII, Section 11.

 k. That the President of the Senate is required, with consent of the

legislature, to appoint an individual to replace the vacancy of Lieutenant

Governor Henderson, who meets the qualifications for the office from

three persons nominated by the state central committee of the same

political party as the Lieutenant Governor. UCA § 20A-1-504(2).

l. Grant such other and further relief as the Court deems just and

appropriate.

I, Phil Lyman, Petitioner, certify that the petition is presented in good faith and not for

delay.

Dated: AUGUST 1, 2024

By: /s/ Phil Lyman

Pro Se
 CERTIFICATE OF SERVICE

I hereby certify that on the 1st day of August 2024, I filed the foregoing

PETITION FOR EXTRAORDINARY WRIT OF DECLARATORY AND INJUNCTIVE

RELIEF with the Clerk of Court by email.

I further certify that, pursuant to Utah Rule of Appellate Procedure 21, all other

Respondents were served a copy of this petition email.

/s/ Phil Lyman

 CERTIFICATE OF COMPLIANCE

I hereby certify that the foregoing PETITION FOR EXTRAORDINARY WRIT

OF DECLARATORY AND INJUNCTIVE RELIEF is less than 7,000 words and is 19

pages, excluding certificates, and exhibit attachments. Furthermore, this filing does not

include non-public information governed by Utah Rule of Appellate Procedure 21.

Dated: 08/01/2024

/s/ Phil Lyman

EXHIBIT A
 Utah Republican Party Constitution
Official Version
PREAMBLE
We, as members of the Utah Republican Party, grateful to Almighty God for life and liberty,
desiring to perpetuate principles of free government and the blessings of liberty to our
posterity, do establish and adopt this Constitution. This Constitution, the Party Bylaws, and
Robert’s Rules of Order Current Edition are the exclusive governing rules of the Utah
Republican Party.

ARTICLE I
NAME, PURPOSE AND MEMBERSHIP

A. Name. The name of this organization shall be the Utah Republican Party, also referred
to as the State Party or the Party

B. General Purposes. The Party shall nominate and support the election of Republican
candidates in partisan races for public office, promote the principles set forth in the
State Party Platform, and perform Party functions set forth in the election laws of the
State of Utah and the Constitution and Bylaws of the Party.

C. Membership. Party membership is open to any resident of the State of Utah who
registers to vote as a Republican and complies with the Utah Republican Party
Constitution and Bylaws, and membership may be further set forth in the Utah
Republican Party Bylaws.

ARTICLE II
BYLAWS

A. Bylaws. The State Central Committee may adopt Bylaws to govern subjects not
covered by the Constitution. Such enactments shall not be inconsistent with this
Constitution.

B. Adoption and Modifications.

1. By the State Central Committee. Any Bylaw adopted or modified by the State
Central Committee shall be binding and in full force and effect when adopted by a 2/3
vote of a quorum of the State Central Committee.

2. By the State Convention. The delegates to the State Convention may adopt or
modify a Bylaw by a 2/3 vote.

Utah Republican Constitution (as amended on 05-01-2021)

 ARTICLE III
OFFICERS

A. State Party Officers. The Officers of the State Party shall be the Chair, Vice-Chair,
Secretary, and Treasurer.

B. Duties of Officers.

1. Chair. The State Party Chair shall serve, as Chair of the State Central Committee,
and as Chair of the State Executive Committee. The Chair may appoint, subject to the
approval of the State Central Committee, Party personnel and the General Counsel. The
State Party Chair shall serve as liaison with the Lieutenant Governor of the State of Utah
on all matters relating to state election laws. The term of office shall be two years.

2. Vice-Chair. The State Party Vice-Chair shall serve, as Vice-Chair of the State
Central Committee, and as Vice-Chair of the State Executive Committee. The Vice- Chair
shall assist the Chair in his or her duties and perform the Chair’s duties in the Chair’s
absence. The term of office shall be two years.

3. Secretary. The State Party Secretary shall serve as Secretary of the State Central
Committee, as Secretary of the State Executive Committee, and as Secretary of the State
Convention. The Secretary shall provide required notice, minutes and attendance records
of the State Central Committee, State Executive Committee, and the State Convention.
The term of office shall be two years.

4. Treasurer. The State Party Treasurer shall serve as Treasurer of the State Party,
as Treasurer of the State Central Committee, as Treasurer of the State Executive
Committee, and as a member of the Budget and Finance Committee. The Treasurer
shall keep and maintain financial records. The term of office shall be two years.

C. Election of Officers.

1. Delegates to the State Party organizing convention held on odd-number years

shall elect the State Party Chair, Vice-Chair, Secretary, and Treasurer.

D. Replacement of Officers.

1. Vacancies. Officer vacancies shall be filled within ninety (90) days of the
vacancy by the State Central Committee.

2. Removal. Any officer may be removed by a 60% vote of all the voting members
of the State Central Committee.

ARTICLE IV
STATE CENTRAL COMMITTEE
Utah Republican Constitution (as amended on 05-01-2021)
 A. Powers. The State Central Committee shall be the governing and policy-making body of
the Party.

B. Membership. The voting members of the State Central Committee shall consist of the
State Party Chair, State Party Vice-Chair, State Party Secretary, State Party Treasurer,
National Committeeman, National Committeewoman, Chair and Vice-Chair of each
County Republican Party, County Representatives elected at the county organizing
conventions, and Presidents or Chairs of any organization designated as a Party Auxiliary
by the State Central Committee. The following elected officials, if Republicans, shall
each be a voting member of the State Central Committee: Governor, U.S. Senator, U.S.
Representative, State Attorney General, State Treasurer, State Auditor, and the
Republican leader in both the Utah House and Utah Senate. Republican U.S. Senators
and U.S. Representatives may designate a voting representative to attend State Central
Committee meetings and vote when the elected official is unable to attend. The
Lieutenant Governor may attend State Central Committee meetings and vote when the
Governor is absent.

C. Meetings. The State Central Committee shall meet at least quarterly. The Chair or 25% of
all the voting members of the State Central Committee may call a special State Central
Committee meeting.

D. Quorum. The State Central Committee must have a quorum in attendance to conduct
business. A quorum is defined as a majority of voting members of the SCC.

E. Notice of Meetings. A regular, quarterly State Central Committee meeting shall be

noticed by postmarking an agenda at least two weeks before the intended meeting. A
special State Central Committee meeting shall be noticed by postmarking an agenda at
least one week before the intended meeting. No business may be considered at a State
Central Committee meeting unless properly noticed by inclusion in the agenda except if
a majority of the members in attendance vote to add an item to the agenda.

ARTICLE V
STATE EXECUTIVE COMMITTEE

A. Powers. The State Executive Committee shall be a standing committee of the State Central
Committee.

B. Membership. The voting members of the State Executive Committee shall consist of the
State Party Chair, State Party Vice-Chair, State Party Secretary, State Party Treasurer, Chair of
the Constitution and Bylaws Committee, Chair of the Audit Committee, National
Committeeman, National Committeewoman, and two Congressional District Representatives
from each congressional district who are elected from the Central Committee members in each
congressional district. The Presidents or Chairs of any organization designated as Party
Auxiliary by the State Central Committee shall be non-voting members that do not count
toward the quorum threshold. The Congressional District Representatives shall be elected for
two-year terms at the first State Central Committee meeting after the state organizing
convention to serve on the State Executive Committee. The following elected officials, if
Republicans, shall each be a voting member of the State Executive Committee: Governor, U.S.
Utah Republican Constitution (as amended on 05-01-2021)
Senator, U.S. Representative and the Republican leader in both the Utah House and Utah
Senate. Republican U.S. Senators and U.S. Representatives may designate a voting
representative to attend State Executive Committee meetings and vote when the elected official
is unable to attend. The Lieutenant Governor may attend State Executive Committee meetings
and vote when the Governor is absent.

C. Quorum. In order to conduct binding business, the State Executive Committee must have a
quorum in attendance, defined as a majority of voting members of the State Executive
Committee.

ARTICLE VI
PARTY COMMITTEES

A. Party Committees. The following standing committees shall be established:

1. Budget Committee, to propose a Party budget and monitor financial matters.

The Party Chair shall appoint members with the advice and consent of the State Central
Committee. A majority of the members shall be State Central Committee members.

2. Convention Committee, to raise funds for the Party Convention, to plan and
oversee the annual convention. The Party Chair shall appoint members with the advice and
consent of the State Central Committee. A majority of the members shall be State Central
Committee members.

3. Constitution/Bylaws Committee, to propose changes to the Party

Constitution and Bylaws. The State Central Committee shall elect, from among its
members, the voting members. State Party Officers may not serve on the
Constitution/Bylaws Committees.

4. Audit Committee, to appoint the Auditor and oversee an annual audit of the State
Party. The Audit Committee shall issue an annual written report to the State Central
Committee. The State Central Committee shall elect, from among its members, the voting
members. State Party Officers may not serve on the Audit Committee.

5. The State Party Chair may establish other committees. These committees shall be
recommending bodies only.

ARTICLE VII
COUNTY
PARTIES

A. Constitution and Bylaws. Each County Party shall, by its central committee or its
convention, adopt a Constitution and/or Bylaws, which shall govern its procedures, including
the selection of those party officers, delegates, and representatives who represent only that
county or its parts. Any provision of those documents that is contrary to state law or to a
specific provision of this Constitution is null and void.

1. Each County Party shall file a current copy of its Constitution, Bylaws, and any
special or standing rules of continuing application by February 1, 2004.

Utah Republican Constitution (as amended on 05-01-2021)

 2. Each County Party shall file revised copies of its Constitution, Bylaws, and any
special or standing rules of continuing application within 30 days of their adoption or
amendment.

3. The governing documents of a County Party applicable to the choosing of state

delegates shall be those on file with the State Party 30 days prior to the voting precinct
caucuses.

4. If a county party does not adopt bylaws to govern its nominating process for
partisan public offices in accordance with Utah Code, then the provisions of the State
Party Constitution, Bylaws, and rules applicable to the State Convention nominating
process shall apply to that county convention and nominating process to the extent
necessary to comply with Utah Code. The convention nominating threshold percentages
adopted by the county party shall remain in effect.

B. County Party Officers. Each county organizing convention held during odd-
numbered years shall elect a County Chair, Vice-Chair, Secretary, and/or Treasurer.

C. County Central Committee. Each County shall have a County Central Committee,
which shall be its governing body.

D. Function of County Parties. The County Parties and the State Party shall cooperate
to elect Republicans and promote the State Party platform.

ARTICLE VIII
BUDGET

A. State Party Budget. The Budget Committee shall submit, and the State Central
Committee shall consider for approval, the budget for the next fiscal year at the last State
Central Committee meeting of the current fiscal year.

B. Fiscal Year. The fiscal year for the State Party shall run from 1 July through the
next June 30.

ARTICLE IX
NATIONAL COMMITTEEMAN AND COMMITTEEWOMAN

A. National Committeeman and National Committeewoman. The National

Committeeman and National Committeewoman shall represent the State Party on the
Republican National Committee. The National Committeeman and National
Committeewoman shall perform all other duties prescribed in the Republican National
Committee and Utah Party Bylaws for the National Committeeman and National
Committeewoman.

B. Election of National Committeeman and National Committeewoman. Delegates to

the State Party Nominating Convention during the presidential election years shall elect the
National Committeeman and National Committeewoman.
Utah Republican Constitution (as amended on 05-01-2021)
 C. Term of Office. The National Committeeman and National Committeewoman shall serve
for four years.

D. In addition to the duties described in Article IX, Section A., the duties of the
National Committeeman and the National Committeewoman shall be to assist the Party
Chair and Vice Chair in raising funds for the Utah Republican Party and to report their
fundraising activities quarterly to the State Central Committee.

ARTICLE X
MODIFICATION

A. Ratification. The Constitution shall be binding when approved by a majority vote

of the delegates present at a State Party Convention.

B. Amendments. The Constitution may be amended by a 2/3 vote of the members at a

State Central Committee meeting if subsequently ratified by a majority vote of the Delegates
present at the State Convention. This Constitution may also be amended by 2/3 vote of
Delegates present at the State Convention.

C. Severability. If any portion of this Constitution is ever declared void, all other
portions shall remain binding and effective.

ARTICLE XI
Reserved for future use.

ARTICLE XII
CAUCUS AND CONVENTION PROCEDURES

Section 1. Precinct Caucuses

A. Precinct Caucuses shall be held in each even-numbered year. The State Central
Committee shall designate the date thereof at least eight weeks prior to the caucuses. The
County Party shall designate the locations. The County Party shall designate, based upon the
relative Republican strength of each precinct, the number of delegates to be elected in each
individual caucus meeting. Relative Republican strength shall be calculated by aggregating
the total combined county Republican votes cast at the previous election for
Governor/Lieutenant Governor, Attorney General, State Auditor, and State Treasurer,
excluding the vote for any candidate who had no opposition. Each precinct’s portion of the
aggregate vote shall be calculated on a strict percentage basis, without rounding. The County
Party shall give notice of each individual caucus meeting by notifying the local news media
and requiring three notices to be posted in the precinct. Each individual caucus shall be open
to any Utah citizen who resides in the precinct, who will be at least 18 by the time of that
year’s general election. The State Party, through its Bylaws, may restrict participation and
voting in the precinct caucuses based on party affiliation. The caucus shall convene at 7:00
Utah Republican Constitution (as amended on 05-01-2021)
 p.m.

B. The voting precinct caucus shall elect: 1) voting precinct officers; and 2) the number
of delegates to the county convention and state convention that the voting precinct has
qualified to elect, plus alternate delegates. Alternate delegates may also be elected if allowed
by the respective county’s governing documents. In the event that three or more candidates
are nominated for the same precinct office or the same delegate position, the caucus may use
multiple ballots or preference voting to choose precinct officers or delegates.

C. No subsequent election or ratification shall be required by county conventions for

state delegates elected at the precinct caucuses or at a caucus of delegates at the county
convention.

D. If any precinct fails to elect sufficient delegates to the county convention or state
convention, the County Central Committee may designate delegates to the county convention
from qualified members residing in the precinct, and the state delegate positions may be filled
from qualified members by the county convention. These state delegates shall reside in the
same districts as the precinct for each district for which candidates are nominated at the state
convention.

E.
1. Pursuant to the requirements of Utah State Election Law, the following listings
shall be made available to the public by the State Party and each County Party within the
time frames specified:

a. All officers of that party, within 7 days of their election or replacement;

b. All persons holding membership on any governing bodies of that Party, within
14 days of their selection or replacement;

c. Any other persons holding elected or appointed positions within that party,
within 14 days of their election or appointment;

d. All persons who have filed as Republicans for partisan public elective office,
whose jurisdiction would include or be contained in that party’s boundaries, within 7
days of the filing deadline;

e. All persons who have been nominated as Republican candidates for public
office by that Party, within 7 days of their nomination or replacement.

2. All such listings shall include, at a minimum, the name, address, and phone
number, where available, of each person listed.

3. The State Party shall make available to the public, within 14 days of the
caucuses, a complete statewide listing of all Republican state delegates. Each county
Utah Republican Constitution (as amended on 05-01-2021)
 party shall make available to the public, within 14 days of the caucuses, a complete
countywide listing of the Republican state and county delegates residing in that county.
Changes in delegate status shall be reflected in the listings within 14 days of their
occurrence.

4. All delegate listings shall include, at a minimum, the name, precinct, Utah House
district, Utah Senate district, Congressional district, address, phone number, and basis of
eligibility of each delegate (e.g., election in the precinct caucus, election after the caucuses
to fill an unfilled seat, or appointment to fill a vacancy occurring after the caucuses).

5. The State Party and/or county parties may charge up to, but not more than, the direct
cost of the medium by which a listing is made available to the person(s) so requesting,
provided that any listing made available by electronic mail or on the Internet shall be
made available at no charge.

F. If a delegate dies, resigns, or is disqualified prior to a county or state nominating or

organizing convention, the County Party precinct chair shall appoint a replacement from the
precinct of the deceased, resigned, or disqualified delegate. If precinct elected alternate
delegates per Section
1.B. are available, the precinct chair shall appoint the alternate delegate.

Section 2. State and County Nominating Conventions

A. The Party shall nominate candidates for partisan offices by a nominating
convention and primary elections.

B. The number of delegates to the state convention shall be set by the State Central
Committee.

C. Delegates shall be apportioned based upon relative Republican strength of each

county. Relative Republican strength shall be calculated by aggregating the total combined
Republican votes cast at the previous election for governor/lieutenant governor, attorney
general, state auditor, and state treasurer, excluding the vote for any candidate who had no
opposition. Each county's portion of the aggregate vote shall next be calculated on a strict
percentage basis, without rounding. Each county whose allocation of delegates is smaller
than the number of precincts in the county shall have its allocation of delegates increased to
equal the number of precincts.

D. At the time and place set for the state and county nominating conventions, the name
of each person who has filed a declaration of candidacy may be placed in nomination for the
office for which the declaration was filed.

E. When the number of candidates filing declarations of candidacy is no greater than the
number of nominees required for the next general election, those candidates shall be declared
to be the Party’s nominees for those offices and shall not be required to run at either the
nominating convention or the primary election.

F. Following the nominating and acceptance speeches made on behalf of the

candidates for office, the delegates shall vote. The county and state convention shall
provide time and voting facilities so that all delegates may vote.
Utah Republican Constitution (as amended on 05-01-2021)
 G. Each delegate shall cast one vote for each office to be filled.

H. In the event that three or more candidates are nominated for the same office, the
convention may use multiple ballots or preference voting to choose Party nominees. The State
Party Central Committee shall certify the method of election for the State Convention at least
6 months prior to the convention. In the case of multiple ballots, more than one candidate may
be eliminated in each round, provided that the sum of the votes received by the candidates to
be eliminated does not exceed the number of votes received by the next highest candidate, and
that at least two candidates remain on the ballot. The two top candidates shall participate in
the final ballot.
I. A candidate for an office that receives 60% or more of the votes cast at any point in the
balloting process at the state nominating conventions shall proceed to the general election.

J. By 5:00 p.m. on the Monday after the convention, the secretary of each nominating
convention shall immediately certify to the county clerk or the lieutenant governor, as
appropriate, the names of the Party’s nominees.

K. Counties shall submit a current, updated, and final list of state delegates to the State
Party no later than 5:00 p.m., five days before the state nominating convention.

Section 3. State Nominating Convention

A. At least two days prior to the primary candidate certification deadline specified in
the Utah State Code, delegates to the state nominating convention shall convene at a time
and place designated by the State Central Committee in a state nominating convention to
nominate candidates for partisan elective office and adopt a State Party platform.

B. In each presidential election year, the state nominating convention shall also
choose presidential electors and the delegates and alternates to the national Party
convention.

C. The gubernatorial candidates nominated by the state nominating convention shall

nominate a candidate for lieutenant governor who meets the eligibility requirements of the
statutes and constitution. If the convention fails to affirmatively ratify the nominee for
lieutenant governor, the gubernatorial nominee shall nominate other candidates until the
convention affirmatively ratifies a nominee.

D. The governor and lieutenant governor candidates nominated by the state

nominating convention shall run as a joint ticket in the primary and general elections.

Section 4. Nomination of Legislative and State School Board Candidates

A. When any partisan publicly elected office districts are identical or completely within
the boundaries of a single county, the candidates shall be chosen at the County Nominating
Convention by the county delegates from within the respective district. If any partisan
publicly elected office district encompasses more than one county, the candidates shall be
chosen at the State Nominating Convention by the state delegates from within the
respective district.

Section 5. Primary Election

A. When two candidates are nominated by the state nominating convention for the same
Utah Republican Constitution (as amended on 05-01-2021)
 office, both candidates shall run in a primary election in accordance with Utah Code.

B. Only voters who are registered Republicans may vote in a Republican primary election.

Section 6. County Organizing Conventions

A. On or before August 15th in each odd-numbered year, a county organizing
convention shall be held in each county in the state.

B. Each County Party shall mail a notice regarding the county organizing convention to
every properly qualified county delegate.

C. At the time and place designated by the County Central Committee, the county
organizing convention shall be held to elect a County Chair, Vice-Chair, a Secretary and/or
Treasurer and county representatives to the State Central Committee.

D. The method of choosing county representatives to the State Central Committee

shall be determined by the County Central Committee.

E. The total number of county representatives to the State Central Committee shall be set
by the State Central Committee. County representatives shall be apportioned among counties
using the method of Article XII, Section 2B.

F. County representatives to the State Central Committee shall be seated after

the state organizing convention and shall serve for two years.

Section 7. State Organizing Convention

A. On or before September 1st of each odd-numbered year a state organizing
convention shall be held at a time and place designated by the State Central Committee.

B. Counties shall submit a current, updated and final list of state delegates to the State
Party no later than 12:00 a.m. eight days before the state organizing convention.

C. The State Party shall mail a notice regarding the state organizing convention to
every properly qualified state delegate.

D. The State Organizing Convention shall be held to elect a State Party Chair, a State
Party Vice-Chair, a State Party Secretary, and a State Party Treasurer.

E. In the event that three or more candidates are nominated for the same single seat
office, the convention may use multiple ballots or preference voting to choose officers. The
State Party Central Committee shall certify the method of election at least 6 months prior to
the convention.

Section 8. Candidate Vacancies

A. In the event that a Party candidate who is involved in a contested primary resigns, dies
or becomes incapacitated before the primary election the remaining candidate shall be
designated as the Party nominee.

B. In the event that a Party candidate resigns, dies or becomes incapacitated after
Utah Republican Constitution (as amended on 05-01-2021)
 nomination at the state convention or at the primary election, the candidate shall be replaced
by the following method:

1. A candidate for any partisan publicly elected office district totally contained
within a county shall be replaced by the respective County Central Committee.

2. A candidate for any statewide, U.S. Senate or U.S. Representative office shall be
replaced by the State Central Committee.
3. A candidate for any other partisan elected office shall be replaced by the state
delegates elected from within the respective legislative district at a special legislative
caucus.

Section 9. Interpretative Principles

A. In the case of ambiguity, Article XII shall be interpreted to be consistent with the
provision of the Utah Code as of January 1, 1994.

ARTICLE XIII
ROBERT’S RULES OF ORDER

The rules contained in the current edition of Robert’s Rules of Order shall govern all meetings
of the Party unless contrary to the Party Constitution and Bylaws and any special rules of order
the Party may adopt.

As amended June 9, 2007 by the Utah Republican Party State Convention.

As amended June 18, 2011 by the Utah Republican Party State Convention.
As amended May 18, 2013 by the Utah Republican Party State Convention.
As amended August 15, 2015 by the Utah Republican Party State Convention.
As amended May 20, 2017 by the Utah Republican Party State Convention.
As amended May 1, 2021 by the Utah Republican Party State Convention.

Utah Republican Constitution (as amended on 05-01-2021)

EXHIBIT B