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Request by Libertarian Party of Utah oFftgt 8F çE1,lFfål, g9lll{$Ft Utah Libertarian Party 584 Hillside Circole ¡8ü .,til ?rr l!! * }5 Alpine, UT 84004 L2-29-2017 Federal Elections Commission Attn. Office of General Counsel 999 East Northwest Washington, D.C.20463 To whom it may concern, This is an official request for an advisory opinion regarding the state party status of the Utah Libertarian Party. We have submitted our statement of organization and have recently been informed that we must obtain an advisory opinion from the FEC. ln accordance with (52 U.S.C. 530101{15) (formerly 2 U.S.C. S431{L5))) I have anached Urah Liberrarian Party Bylaws as appendix 1 below. These bylaws fulfill essential element (1) for the Utah Libertarian Party to be recognized. ln appendix 2 we provide the final, certified results from the Lt. Governors Office from 2O!2, and 2016 showing that the Libertarian Party of Utah has obtained ballot access for one or more federal candidates. Candidates for President of the United States of America were: 20L2, GaryJohnson and Bill Weld, 20L6, Gary Johnson and Jim Grey. This fulfills essential element (2). Thank you for your advisory opinion. ln Caryn Terres AOR001 Libertarian Party of Utah, Treasurer APPENDIX 1. Bylaws of the Libertarian Party of utah as seen on: http://www.liberta¡'ianutah.org/utlp-bylaws/ Bylaws of the Libeftarian Party of Utah Chapter One: Dues ''1. ,4nnual r)l¡*s fcr dn*s^payirq rn*nrl,c;{s a{æ, pat¡able up*n jcining rnusT be ren*wcd nc laler th*n lhe lasT elay *f th*: rn*¡'¡th rsT tl*. anniv*rsary o1'lhe ¡"nember's first dues pa:¡mentts remain tn ç*rsü standing. Ånnual clues are $2ü Z. Th* ?arT"y ntay wttk?t*kj the dues-payinç classtlicaticn of a marnber until çayrnent is tendered Ic tire Pa*y by the mernbcr *r by stlïìeon* on thc pr*sper"Ii"t* mern ber's Ysel:elT " Chapter Two: LibeÉarian Organizing Committee 1 , lr'¡ thc ev*nt. that lhe t-FUTah rJoes ¡"¡ot r*Iairz ballr:t status after any general eier:fi*n, it-s arTiviti*s, T*s*Llyce:t, prcgraryls, p*liei*s,liai:illties, and assets, and *rganiz"aTirsnal struclr-w* t¡viNl L:e autr:rnatieally c1*e¡necJ to ccntinue as tl-¡e tiberiarlan {Irçantzirtç {*mmlït**. îå:e il*nstituticn, the officers *lerted arttl m*mbershiç altained undnr tT, anü T.tre i:cTivities af the Fãity i,vili ctntinue as iI bell*T statlis haci be*¡r relained, Chapter Three: Convention Procdures Sætion 1. Nominating Conventions 1. îhe Party certifl*s canclidates f*r parli:an cfflees *niry by n*minatlng ccnventicn {-í-lris do*s not exelud* c*nelidaTet fr*rn running in prini;ries, but eertificaiibn *f The ncminaiion car¡ arúy ls* ccnrlrmed by cr:nventicn,) 2. Fveryone who AOR002 f . is a member of LPUtah in good standing 30 days prior the convention, and who attends the convention, andlar 2. is a member of LPUtah in good standing 15 days prior the 2012 convention, and who attends the convention , andf ar 3. is a mernber of tlre national Libertarian Pa¡ty, has been so for at least 3CI days prior the convention, provides proof as such, becomes a member of LFUtah, and wha aTtends the convention, is eligible to vote. 3. At the time and place set for the norninating conventions, the name ¡f each person who has filed a declaration of candidacy with the appropriate state or ccunty political entity may be placeil in nomination far the offiee for which his/her declaration was filed. 4. in order to be certified by the ?arty , all candldates must be membeqg in good , standing, sign the Candidate's Pledge, ancl stand for election at the appropriate nominating convention. A candidate who flles for state or lacal office as a Libertarian with the appropriate polltical entity but whose candidacy is not affirrned in convention is nat a candidate of the ?arty. 5. Candidate's Pledge: "'I promise that if elected I will vote in favor of all matters that lead to a reduction in taxes and gcvernment, and expansion of personal freedoms and against all matters causing higher taxes, bigger government, and restrictions on personal freedoms. if I ever act contrary to this pledge, I will publicly apalaEize and offer tc resign"" 6. Ëligible members will vote immediately followlng the nominatinE and seconding speeches made on behalf of all candidates for office. 7. The Chair {or the Chair's designee) is responsible for credentialing members as convention delegates" Each member present may cast one vote in each ballot for each office to be filled, 8. Proxy votinE is prohibited, L If three or more candidates are norninated for the sa¡ne offlce, the convention will use multiple ballots, In the case of multiple ballots, the first ballat will be used to reduce the number af candidates to four if rnore than four candldates participate ar by one if four or fewer than four participate. [ach following ballot will drop the lowest vote-getter until two candidates remain. The two top candidates will cantinue the ballotlnE until one achieves a twr:-thirds majoriTy" If rio candidate prevails after the third such ballot, the Parlf has no candidate for that office unless at least one candidate chooses to participate in the primary election. 1t. No laler than L2:A0 naon af the fifth calendar day following the convention, the Secretary and Chair will certify in writinE tc the county clerk or the appropriate state political entity, the name{s) of the Party's nominee(s) as required by law. Section 2. Electorc & Candidates 1. ûn or before June 1, mernbers will convene at a time and place designated by the CC in a nerninating convention to nominate candidates for partisan offices AOR003 and adopt a Party':platfarrn. In each,presidentlal election yeâr, the nominating convenTion will also ehoose,presidential electors. 2. The gr:bernatorial candidate norninated by the nominating conventir:n will riomínate a candidate for Lt. Governor who meets the requirements of Utah iaw" trf the convention fails to affirmatively ratify the nominee for lieutenant governor, the gubernat*rial norninee shall nominate other candidates until the convention affirmativ*ly ratifies a nominee. 3. The governor and lieutenant grvernor candidates so nominated by the nominatinç ccnvention will run as a joint ticket in the generai election. Section 3. Nomination of Legislative and County Candidates 1. Candidates, whose races: 1. encÕmpass nrultiple ccunties, cr 2. are conlalnad within a eounty thai did not have a county convention, wiil be chosen at the nominating ccnvention by the rne¡nbers in good standing who reside within lh*se respective dlstricts. 2. In the event that less than 5 members fram a legislative eJistrict are in attendance of the state conventicn, candidates whs have nat alreaeiy been norninated at a ccunty convention will b* chosen by th* general rnembership in good standing. Section 4. County Organizing Conventions 1. ûn cr before May 15 in each odd-numbered year, a ccunty arganiz.inç convention will be held in each county where there is a County Paûy recagnized by the CC. 2. Each County ?ar"ly will mail a notice regarding the county arganizing conventicn to ever¡ mernber in ga*d standinE in that county. Natification via the party newsletter wlll be considered aceeptable notice. 3. Åf the tlrne anel piace ciesiçnated by the C[C, the e*unty organizinq conventicn will elect counly officers. 4. The c*nventior: may alsa pass an whatever business cornes belare it. Section 5. Organizing Conventions 1. On or befcre June 1 of each odd-nunibered year an argani'zinE eonvention r¡¡ill !-"¡e held at a time and place clesignated by the ËC. <bb.< b="n'> The Farty wiil mail a natice of the organizing convention to every member irr çood standinç, Notification via the parfy newsletter will be eonsidered acceptable notice. 2. The organizing convention will elect officers, 3. The ccnvention may alsc pass on whatever buEiness come$ befcre it. Section 6, Candidate Vacancies AOR004 If a Party candidate dies or becomes incapacitated before the election, the candidate may only be replaced by one of the following methods: 1. fandidat*s for ecunty offices or legislative districts totally contained within a ccunly will be replaced by the respective CñC, In the event that the county does not have an active caunfy Çafy, the candlda[e shall be replaced by a special cåucus of the rnembers in ça*d standing eurrently residing ln the ecunty, 2. Candidates fer legislative ciistricts lhat eneo{"npass lwo or mor€ ecunties shaii be ¡,eplaced by a *pectai eaucus ef the membei.s in good standing eur,rently residing in the legislative ¿Jlstriet. 3. Candldates for statewide, state-level offices, U.5" Senater and l-J"5. Representative wil| i:e repi*e*d by the Ce, Section 7. Resolutions All resolutions brought before the convention must be submitted in writing complete with mover and seconder signatures and provided in sufficient quantities to distribute to all convention delegates in attendance. Chapter Four: Delegates to Libertarian Party National Conventions Section 1. Selection 1, The number cf clelegates is deterrnined by the natianal Libertarian Party. 2. Delegates and alternates to l-P T{ntional Conventions (},lat-Con) will be electecl by majorlty vote at the Convsntion preceding the NatCon" 3. If all alk:tled delegate and alternate pcsitions âre nat filled at the Ccnvention, *r if any eleeted del*gate(s) ar al,terrrate(s) islare unable to ættend the NatCan, hislherllheir delegate pcsiticns will be filled by lot from arnong the eleeted *lternates, ar the Chair r*av a?pçint new alternates, 4.
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