1-4-602. Delegates to party assemblies

Overview of Statute

(1)(a)(I) Except as provided in subsection (1)(a)(III) of this section, county assemblies shall be held no later than twenty-five days after precinct caucuses. If a political party holds its precinct caucuses on the first Tuesday in February in a year in which a presidential election will be held, the county assemblies of the political party shall be held not less than fifteen days nor more than fifty days after the precinct caucuses. The county central committee or executive committee shall fix the number of delegates from each precinct to participate in the county assembly pursuant to the procedure for the selection of delegates contained in the state party central committee’s bylaws or rules. The persons receiving the highest number of votes at the precinct caucus shall be the delegates to the county assembly from the precinct. If two or more candidates receive an equal number of votes for the last available place in the election of delegates to county assemblies at the precinct caucuses, the delegate shall be determined by lot by the candidates. Except as provided in subsections (2) and (6) of this section, delegates to all other party assemblies shall be selected by the respective county assemblies from among the members of the county assemblies pursuant to the state party central committee’s bylaws or rules.

(II) Repealed by Laws 2002, Ch. 51, § 4, eff. July 1, 2002.

(III)(A) Notwithstanding subsection (1)(a)(I) of this section, due to public health concerns, county assemblies in 2020 shall be completed no later than thirty-five days after precinct caucuses. County assemblies held in 2020 may be held over a period of days, not to exceed seven days, to permit remote participation as allowed by the party.

(B) This subsection (1)(a)(III) is repealed, effective December 31, 2020.

(b) In determining the number of delegates from precincts which have been created or split since the previous general election, the county central committee or executive committee may allocate delegates based on the number of registered voters affiliated with the political party, pursuant to the state party central committee’s bylaws or rules.

(2)(a) In each state senatorial and representative district comprised of a portion of one county only, persons elected at precinct caucuses as delegates to the county assemblies shall serve also as delegates to the senatorial and representative district assemblies.

(b) In each state senatorial and representative district comprised of one or more whole counties and a portion of one or more counties or comprised of portions of two or more counties, the number of delegates to the senatorial and representative district assemblies shall be apportioned among the counties by the party’s senatorial or representative central committee according to the vote in the county or portion of a county for that party’s candidate for governor or president in the last general election, pursuant to the state party central committee’s bylaws or rules.

(3) All questions regarding the qualifications of any delegate or the conduct of any precinct caucus at which the delegates were voted on shall be determined by the credentials committees of the respective party county, representative, and senatorial assemblies.

(4)(a) All places established for holding precinct caucuses shall be designated by a sign conspicuously posted no later than twelve days before the precinct caucuses. The sign shall be substantially in the following form: “Precinct caucus place for precinct no. ….” The lettering on the sign and the precinct number shall be black on a white background with all letters and numerals at least four inches in height. Any precinct caucus subsequently removed and held in a place other than the place stated on the sign is null and void.

(b) Repealed by Laws 2002, Ch. 51, § 4, eff. July 1, 2002.

(5) As used in this section, “delegate” means a person who is a registered elector, has been a resident of the precinct for twenty-two days prior to the caucus, and has been affiliated with the political party holding the caucus for at least twenty-two days, as shown in the statewide voter registration system; except that any registered elector who has attained the age of eighteen years during the twenty-two days immediately preceding the caucus or any registered elector who has become a naturalized citizen during the twenty-two days immediately preceding the caucus may be a delegate even though the elector has been affiliated with the political party for less than twenty-two days as shown in the statewide voter registration system.

A delegate who moves from the precinct where registered during the twenty-one days prior to any caucus is ineligible to serve as a delegate from that precinct.

(6) In each state senatorial and representative district comprised of all or parts of more than one county, persons elected at precinct caucuses as delegates to the county assemblies from precincts within the senatorial or representative district shall also serve as delegates to the senatorial and representative district assemblies if the senatorial or representative district central committee, by resolution adopted prior to the holding of the precinct caucuses in the year for which the resolution is to be effective, chooses to have the delegates to its district assembly in that year elected as provided in this subsection (6); except that selection of delegates under this subsection (6) shall be in conformance with the procedure established in the state party central committee’s bylaws or rules. As a part of the resolution, the senatorial or representative central committee may determine the total number of delegate votes to be cast at the senatorial or representative district assembly, apportion them by county among the portions of the district which lie in separate counties upon an equitable basis determined by party bylaws or rules, and, upon the basis of the apportionment, determine the factor necessary to apportion equally among the delegates from the precincts within the district in each county the total votes to be cast by delegates from the portion of the district lying within that county.

Source: L. 80: Entire article R&RE, p. 326, § 1, effective January 1, 1981. L. 82: (5) amended, p. 217, § 2, effective February 19. L. 85: (1) amended, p. 256, § 8, effective May 31; (1)  amended, p. 248, § 5, effective July 1. L. 91: (5) amended, p. 620, § 34, effective May 1. L. 92: Entire part amended, p. 679, § 6, effective January 1, 1993. L. 94: (5) amended, p. 1768, § 24, effective January 1, 1995. L. 95: (5) amended, p. 830, § 28, effective July 1. L. 96: (1), (2)(b), and (6) amended, p. 1738, § 20, effective July 1. L. 98: (1) amended, p. 633, § 5, effective May 6. L. 99: (1)(a), (4), and (5) amended, p. 763, § 21, effective May 20; (1)(a) amended, p. 100, § 2, effective August 4. L. 2002: (1)(a) and (4) amended, p. 133, § 4, effective March 27. L. 2005: (1)(a)(I) amended, p. 1398, § 15, effective June 6; (1)(a)(I) amended, p. 1433, § 15, effective June 6.      L. 2007: (1)(a)(I) amended, p. 1989, § 4, effective August 3. L. 2011: (1)(a)(I) amended, (SB 11- 189), ch. 243, p. 1063, § 8, effective May 27. L. 2016: (5) amended, (SB 16-142), ch. 173, p. 576, § 29, effective May 18. L. 2019: (5) amended, (HB 19-1278), ch. 326, p. 3010, § 17, effective August 2. L. 2020: (1)(a)(I), (1)(a)(III) amended, (HB 20-1359), ch. 23, § 4, effective March 16.

Editor’s note: (1) The provisions of this section are similar to several former provisions of § 1-14-205 as they existed prior to 1980. For a detailed comparison, see the comparative tables located in the back of the index.(2) Amendments to subsection (1) by Senate Bill 85-86 and House Bill 85-1063 were harmonized. (3) Amendments to subsection (1)(a) by Senate Bill 99-025 and Senate Bill 99-027 were harmonized.
(4) Subsection (1)(a)(II)(B) provided for the repeal of subsection (1)(a)(II), effective July 1, 2002. (See L. 2002, p. 133.) (5)  Subsection (4)(b)(II) provided for the repeal of subsection (4)(b), effective July 1, 2002.
(See L. 2002, p. 133.)