§ 7-3-108 - Subversive parties -- New parties -- Affidavit required -- Penalty.
7-3-108. Subversive parties -- New parties -- Affidavit required -- Penalty.
(a) No political party shall be recognized, qualified to participate, or permitted to have the names of its candidates printed on the ballot in any election in this state that:
(1) Either directly or indirectly advocates, teaches, justifies, aids, or abets the overthrow by force or violence, or by any unlawful means, of the government of the United States or this state, or an act of terrorism as defined by 5-54-205; or
(2) Directly or indirectly carries on, advocates, teaches, justifies, aids, or abets a program of sabotage, force and violence, sedition, or treason against the government of the United States or this state.
(b) (1) No newly organized political party shall be recognized, qualified to participate, or permitted to have the names of its candidates printed on the ballot in any election in this state until it has filed an affidavit, by the officers of the party in this state under oath, that:
(A) It does not either directly or indirectly advocate, teach, justify, aid, or abet the overthrow by force or violence or by any unlawful means of the government of the United States or this state, or an act of terrorism as defined by 5-54-205; or
(B) It does not directly or indirectly carry on, advocate, teach, justify, aid, or abet a program of sabotage, force and violence, sedition, or treason against the government of the United States or this state.
(2) The affidavit shall be filed with the Secretary of State.
(c) Any person who violates any provision of this section shall be guilty of a Class A misdemeanor.