Constitution
Utah Bull Moose Party 2021
PREAMBLE
The Utah Bull Moose Party (UBMP) puts America’s interests first, before individual or party interests, with its underlying foundation being the United States Constitution, Oaths of Office, and Health of the United States of America.
ARTICLE I
NAME, PURPOSE AND MEMBERSHIP
A. Name. The name of this organization shall be the Utah Bull Moose Party.
B. General Purposes. The Party shall nominate and support the election of Utah Bull Moose Party candidates in partisan races for public office, promote the principles set forth in the 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 legal resident of the State of Utah who registers to vote and complies with the Utah Bull Moose Party Constitution and Bylaws. Membership may be further set forth in the Utah Bull Moose Party Bylaws.
ARTICLE II
BYLAWS
A. Bylaws. The Central Leadership Board (CLB) may adopt Bylaws to govern subjects not covered by this Constitution. Such enactments shall not be inconsistent with this Constitution.
B. Adoption and Modifications. By the Central Leadership Board. Any Bylaw adopted or modified by the Central Leadership Board shall be binding and in full force and effect when adopted by a majority of Central Leadership Board when voting takes place.
ARTICLE III
OFFICERS
A. Party Officers. The Officers of the UBMP State Party shall be the Chair, Vice Chair, Secretary, and Treasurer.
B. Duties of Officers.
Chair. The Party Chair shall serve, as Chair of the Central Leadership Board, and as Chair of the Executive Council. The Chair may appoint, subject to the approval of the Central Leadership Board, Party personnel and the General Council. The term of office shall be five (5) years.
Vice Chair. The Party Vice Chair shall serve, as Vice Chair of the Central Leadership Board, and as Vice Chair of the Executive Council. 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 five (5) years.
Secretary. The State Party Secretary shall serve as Secretary of the Central Leadership Board, as Secretary of the Executive Council, and as Secretary of the State Convention. The Secretary shall provide required notices, minutes and attendance records of the Central Leadership Board, Executive Council and the State Convention. The term of office shall be five (5) years.
Treasurer. The State Party (UBMP) Treasurer shall serve as Treasurer of the Central Leadership Board, as Treasurer of the Executive Council, and as a member of the Budget and Finance Committee. The Treasurer shall keep and maintain financial records. The term of office shall be five (5) years.
C. Election of Officers. Delegates to the Party organizing convention shall elect the UBMP Party Chair, Vice Chair, Secretary, and Treasurer every five (5) year cycle with the start date of the first five your cycle beginning in 2021.
D. Replacement of Officers.
Vacancies. Officer vacancies occurring out of term cycle shall be filled within three hundred and sixty-five (365) days of the vacancy by the Central Leadership Board with a 51% majority vote.
Removal. Any officer may be removed by a 51% vote of all the voting members of the Central Leadership Board when a special Central Leadership Board meeting is called to convene by the Party Chair.
ARTICLE IV
CENTRAL LEADERSHIP BOARD
A. Powers. The Central Leadership Board shall be the governing and policy making body of the Party.
B. Membership. The voting members of the Central Leadership Board shall consist of the Party Chair, Party Vice-Chair, Party Secretary, Party Treasurer.
C. Meetings. The Central Leadership Board shall meet at least annually. The Chair or 2/3rds of all the voting members of the Central Leadership Board may call a special Central Leadership Board meeting.
D. Quorum. In order to conduct binding business, the Central Leadership Board must have in attendance, in person or virtual, 2/3rds voting members.
E. Notice of Meetings. A regular, annual Central Leadership Board meeting shall be noticed by emailing an agenda before the intended meeting. A special Central Leadership Board meeting notice shall be distributed by emailing an agenda, before the Central Leadership Board intended meeting, to all Central Leadership Board members. Any business may be considered at a Central Leadership Board meeting if a majority of the members in attendance vote to add an item to the agenda.
ARTICLE V
EXECUTIVE COUNCIL
A. Powers. The Executive Council shall be a standing committee of the Central Leadership Board.
B. Membership. The voting members of the Executive Council shall consist of the Party Chair, Party Vice-Chair, Party Secretary, Party Treasurer, Chair of the Constitution and Bylaws Committee, Chair of the Audit Committee, and the Presidents or Chairs of any organization designated as Party Auxiliary by the Central Leadership Board.
C. Quorum. In order to conduct binding business, the Executive Council must have a quorum of Executive Committee leaders / heads in attendance, defined as a majority of voting members of the Executive Council.
ARTICLE VI
PARTY COMMITTEES
A. Party Committees. The following standing committees shall be established:
Budget Committee, to propose a Party budget and monitor financial matters. The Party Chair shall appoint members with the advice and consent of the Central Leadership Board.
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 Central Leadership Board.
Constitution/Bylaws Committee, to propose changes to the Party Constitution and Bylaws. The Party Chair shall appoint members with the advice and consent of the Central Leadership Board.
Audit Committee, to appoint the Auditor and oversee an annual audit of the State UBMP Party. The Audit Committee shall issue an annual written report to the Central Leadership Board. The Party Chair shall appoint members with the advice and consent of the Central Leadership Board.
The Central Leadership Board Party Chair may establish other committees. Committees shall be nonbinding recommending bodies only.
ARTICLE VII
COUNTY PARTIES
A. Constitution and Bylaws. Each subordinate UBMP County Party shall, by its County Central Leadership Board 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.
Each County Party shall file a current copy of its Constitution, Bylaws, and any special or standing rules of continuing application by January 1 of each year indicating changes or identifying “no changes.
ARTICLE VIII
BUDGET
A. Party Budget. The Budget Committee shall submit, and the Central Leadership Board shall consider for approval, the budget for the next fiscal year at the last Central Leadership Board meeting of the current fiscal year.
B. Fiscal Year. The fiscal year for the Party shall run from 1 January through the next December 31.
ARTICLE IX
NATIONAL COMMITTEEMAN AND COMMITTEEWOMAN
A. National Committeeman and National Committeewoman. The National Committeeman and National Committeewoman shall represent the Party at official functions that represent the party and may also be duel-hatted with other titled party positions (elected or appointed).
B. Election of National Committeeman and National Committeewoman. Delegates from the counties to the Party Nominating Convention during the presidential election years shall elect the National Committeeman and National Committeewoman.
C. Term of Office. The National Committeeman and National Committeewoman shall serve for five (5) 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 Bull Moose Party and to report their fundraising activities quarterly to the Central Leadership Board.
ARTICLE X
MODIFICATION
A. Ratification. The UBMP Constitution shall be binding upon a 75% vote of the members at a Central Leadership Board meeting.
B. Amendments. The Constitution may be amended by a 75% vote of the members at a Central Leadership Board meeting.
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 for only those Precincts / Counties that have applied by open letter to the Central Leadership Board and subsequently approved by the Party Chair. The Central Leadership Board shall designate the date thereof at least eight weeks prior to the caucuses. The County Party shall designate the locations. 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 Party, through its Bylaws, may restrict participation and voting in the precinct caucuses based on party affiliation. The caucus shall convene at 7:00 p.m.
B. The voting precinct caucus shall elect:
voting precinct officers; and
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 Party 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 Leadership Board 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. 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 Utah Bull Moose Party Members 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 Utah Bull Moose Party 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 Central Leadership Board Party Chair shall make available to the public, within 14 days of the caucuses, a complete statewide listing of all Utah Bull Moose Party state delegates. Each county party shall make available to the public, within 14 days of the caucuses, a complete countywide listing of the Utah Bull Moose Party 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. The Central Leadership Board reserves the right to approve any such replacements.
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 Central Leadership Board.
C. Delegates shall be apportioned based upon relative Utah Bull Moose Party strength of each county. Relative Utah Bull Moose Party strength shall be calculated by aggregating the total combined Utah Bull Moose Party 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 (which may be electronic www voting).
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 Central Leadership Board shall certify the method of election for the State Convention at least 1 month 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 51% 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 Central Leadership Board 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. This clause understands that the Utah Bull Moose Party has not yet attained national scope as of 2020, and therefore understands presidential related procedures will not be adopted by the Central Leadership Board until the Party is present in sufficient volume, as determined by the Central Leadership Board.
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 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.
B. Nominees for U.S. Senate must be a graduate of one of the U.S. War College Institutions within last 5 (five) years prior to nomination.
Section 5. Primary Election
A. When two candidates are nominated by the state nominating convention for the same office, both candidates shall run in a primary election in accordance with Utah Code.
B. Only voters who are registered Utah Bull Moose Party members may vote in a Utah Bull Moose Party 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 Central Leadership Board.
D. The method of choosing county representatives to the Central Leadership Board shall be determined by the County Central Leadership Board.
E. The total number of county representatives to the Central Leadership Board shall be set by the Central Leadership Board. County representatives shall be apportioned among counties using the method of Article XII, Section 2B.
F. County representatives to the Central Leadership Board shall be seated after the state organizing convention and shall serve for two (2) years.
Section 7. State Organizing Convention
A. On or before January 1st of the expiration year of the five (5) year terms of each Central Leadership Board officers a state organizing convention shall be held at a time and place designated by the Central Leadership Board.
B. Counties shall submit a current, updated and final list of state delegates to the Central Leadership Board Secretary no later than 12:00 a.m. eight days before the state organizing convention.
C. The Party Secretary 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 Party Chair, a Party Vice-Chair, a Party Secretary, and a Party Treasurer. For the purposes of first year registration of the Utah Bull Moose Party (2021), the latter positions require a judgement approval by the Party Chair due to the startup nature of the party.
E. In the event that three or more candidates are nominated for the same single seat office, the convention may use multiple ballots to choose officers. The Central Leadership Board shall certify the method of election at least 1 month 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 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 Leadership Board.
2. A candidate for any statewide, U.S. Senate or U.S. Representative office shall be replaced by the Central Leadership Board.
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 11th edition 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.
___ Jaehee Steele, State Party Secretary
___ Michael J. Seguin, Constitution and Bylaws Committee Chair