20A-8-103 - Petition procedures.
20A-8-103. Petition procedures.
(1) As used in this section, the proposed name or emblem of a registered political party is"distinguishable" if a reasonable person of average intelligence will be able to perceive adifference between the proposed name or emblem and any name or emblem currently being usedby another registered political party.
(2) To become a registered political party, an organization of registered voters that is nota continuing political party shall:
(a) circulate a petition seeking registered political party status beginning no earlier thanthe date of the statewide canvass held after the last regular general election and ending no laterthan the February 15 of the year in which the next regular general election will be held; and
(b) file a petition with the lieutenant governor that is signed by at least 2,000 registeredvoters on or before February 15 of the year in which a regular general election will be held.
(3) The petition shall:
(a) state that the signers are or desire to become members of the designated party orgroup;
(b) state the name, which may not exceed four words, and identify the emblem of theparty or group;
(c) state the process that the organization will follow to organize and adopt a constitutionand bylaws; and
(d) be signed by a filing officer, who agrees to receive communications on behalf of theorganization.
(4) The lieutenant governor shall:
(a) determine whether or not the required number of voters appears on the petition;
(b) review the proposed name and emblem to determine if they are "distinguishable" fromthe names and emblems of other registered political parties; and
(c) certify his findings to the filing officer of the group within 30 days of the filing of thepetition.
(5) (a) If the lieutenant governor determines that the petition meets the requirements ofthis section, and that the proposed name and emblem are distinguishable, he shall authorize thefiling officer to organize the prospective political party.
(b) If the lieutenant governor finds that the name, emblem, or both are not distinguishablefrom the names and emblems of other registered political parties, the lieutenant governor shallnotify the filing officer that he has seven days to submit a new name or emblem to the lieutenantgovernor.
(6) A registered political party may not change its name or emblem during the regulargeneral election cycle.
Amended by Chapter 45, 1999 General Session