Adopted October 15, 1997 and amended November 19, 1997, December 17,
1997, and December 16, 1998
Secretary's Certifying PGP Signature
Article I Purpose
The purpose of the Party is to conduct the following activities consistent with the Statement of Principles:
Article II Elected Officers
Section 1. Qualifications
Only a person who is a member of the central committee and who has expressed a willingness to serve shall be eligible for election to any elected position of the Party.
Section 2. Suspension
An officer may be suspended from office by a two-thirds vote of the Executive Committee. The office of a suspended officer shall be declared vacant unless the suspended officer appeals his or her suspension to the Judicial Committee within 3 days of notification of suspension.
Section 3. Appeal
Upon appeal by the suspended officer, the Judicial Committee shall set the date of a hearing. Following the hearing, the Judicial Committee shall rule either to uphold the suspension, thereby vacating the office, or to restore the officer to full authority. A failure to rule shall be deemed as restoring the officer to full authority.
Section 4. Chair
The Chair shall preside at all central committee meetings and at all meetings of the Executive Committee. If absent from such a meeting, the Vice-Chair will chair, and if both Vice-Chair and Chair are absent they shall assure that an officer is designated to chair the meeting in his or her absence. The Chair shall endeavor to assure that all officers positions are filled. The Chair shall be responsible to assure that an agenda is created prior to each central committee and Executive Committee meeting, and that such agenda is made known in advance to those who will attend the meeting. The Chair will utilize the agenda to preside over the meeting.
Section 5. Vice-Chair
The Vice-Chair shall act as assistant to the Chair, and shall perform the duties of the Chair in the event the Chair is, for any reason, unable to.
Section 6. Secretary
The Secretary shall be the recording officer of the Party. The Secretary shall record the result of votes by the central committee and the Executive Committee.
Section 7. Treasurer
The Treasurer shall receive, expend, and account for the funds of the Party under the supervision and direction of the Executive Committee. The Treasurer shall prepare the annual budget. The Treasurer shall make monthly Treasurer's reports to the Executive Committee detailing the revenues and expenditures of the party. The Treasurer shall keep financial records, including documentation of expenses and revenues, for reference by any member of the central committee.
Section 8. Membership Chair
The Membership Chair shall be responsible for activities to maintain and increase Party and central committee membership.
Section 9. Public Relations Chair
The Public Relations Chair shall be responsible for the dissemination of information about the Party to the media and to the public.
Section 10. Newsletter Chair
The Newsletter Chair shall be responsible for publication of a newsletter for dissemination of information about the Party to the members. The newsletter shall be published monthly. The newsletter shall carry the agendas of upcoming meetings (when provided by the Chair), the results of votes by the central committee and the Executive Committee, and any reports by Executive Committee members deemed appropriate by the Executive Committee.
Section 11. Campaigns Chair
The Campaigns Chair shall be responsible for coordinating candidate recruitment, training and support. The Campaigns Chair shall endeavor to recruit and train candidates for all elected positions within San Mateo County.
Section 12. Fundraising Chair
The Fundraising Chair shall be responsible for coordinating fundraising activities for the Party. The Fundraising Chair shall also assist in recruiting and training people who will raise funds for the campaigns of candidates of the Party.
Section 13. Activities Chair
The Activities Chair shall be responsible for coordinating activities intended to involve, motivate and inspire members.
Section 14. Database Chair
The Database Chair shall be responsible for maintaining the database of members, prospects, and newsletter subscribers. He shall make records available to the Newsletter Chair or his designee and to any designee of the Executive Committee.
Article III Executive Committee
Section 1. Meeting Notification
The Executive Committee shall meet at such time and place as may be determined by action of the Committee, by call of the Chair, or by the written request of one-third or more of the members of the Executive Committee. A written or verbal notice of the time and place of all meetings shall be given to each member of the Executive Committee no fewer than 3 days prior to said meeting. A majority of the members of the Executive Committee shall constitute a quorum for any meeting.
Section 2. Transaction of Business between Meetings
The Executive Committee may, without meeting together, transact business by email, fax, or telephone. Any proposal so moved shall be submitted to all Executive Committee members by email, fax, or telephone. The votes of a majority of the entire Executive Committee shall be required to carry a measure (except that a higher vote may be required by other provisions of the Constitution or Bylaws). Members without email may relay their votes via another member. The Secretary must preserve and report all such votes in the same manner as those taken at scheduled meetings.
Section 3. Number of Votes
Each member of the Executive Committee shall have only one vote, regardless of the number of offices he or she holds.
Section 4. Quorum
A quorum shall be a majority of the members of the Executive Committee.
Section 5. Measures Requiring Two-Thirds Vote
Article IV Judicial Committee
The Judicial Committee shall elect a chair who shall receive all appeals and petitions, and schedule hearings so as to obtain a quorum of the Committee. When a hearing is requested, the chair shall be allowed 2 days to set the date of the hearing. If the chair is absent, the chair will appoint an acting chair.
The Judicial committee must provide at least 2 days notice to each of the interested parties to a hearing.
Hearings must be held within 14 days from the time the request is received by the Judicial Committee, unless otherwise specified by those requesting a hearing.
Each party to a hearing shall have the right to represent his or her interests in the manner of his or her own choosing.
The Judicial Committee must provide a ruling within 2 days of the conclusion of a hearing, unless otherwise specified by those requesting a hearing.
A majority of the members of the Judicial committee shall constitute a quorum for any meeting.
Article V Committees
Section 1. Operations Committees
There shall be the following Operations Committees:
Section 2. Working Committees
The Executive Committee shall establish such Working Committees as it deems appropriate and shall appoint a chair for each committee. Working Committees shall exist at the pleasure of the Executive Committee.
Article VI State Party Representation
The Executive Committee may appoint central committee members to fill those positions in the Libertarian Party of California which are to be selected by the Regional Organization. Such appointments shall be subject to ratification at the next central committee meeting. A meeting may fail to ratify an appointment only by electing a new member to fill the position for which the appointment was made.
Article VII Central Committee Meetings
At most 3 months shall be allowed to elapse between meetings of the central committee.
A quorum for a central committee meeting shall be made of those who chose to attend upon notification of the meeting. Meetings at which amendments to the Constitution, Bylaws, or Meeting rules are to be voted on require a majority of the Executive Committee to be present.
The Executive committee shall be responsible for setting the time and place of all meetings. A minimum of 1 week's notice shall be provided to the central committee membership concerning any meeting.
The Annual Meeting of the Central Committee shall be held in January each year.
Article VIII Finances and Accounting
The fiscal term of the Party shall be the interval between Annual Meetings.
The Executive Committee shall cause an efficient system of accounts to be installed and maintained. Periodically, and not less than annually, the Executive Committee shall appoint an auditor from among the central committee members (not including the Treasurer) to review the reports and records of the Treasurer and report to the Executive Committee.
All disbursements shall be made solely by check. No disbursements shall be made without supporting documentation.
The Executive Committee shall cause an annual budget to be projected at its final meeting for the fiscal year for ratification the following year.
The Treasurer may authorize expenditures for any item incorporated in the proposed budget until the Executive Committee has ratified the budget for the current year.
Should the budget need to be revised during the year, it shall be revised by the same process that the annual budget is established.
The Party shall not enter into any contract, incur any expense in a non-budgeted category, or incur any expense in a budgeted category for a budgeted item greater than the amount budgeted by more than 10% without a two-thirds vote of the entire Executive Committee. Anyone who incurs such financial liability without such approval shall be personally liable.
Article IX Endorsements
Except as provided in Sections 2 and 3 below, the Party shall make endorsements, make recommendations, or otherwise take positions with respect to elections, nominations, measures, or other matters appearing on a public ballot only by a two-thirds vote of the central committee at a meeting the notice for which included a statement that such action would be considered. "Public ballot" includes any general, special, primary or other election conducted by any level of government.
If, within 60 days of an election, (1) a new matter is added to the ballot, (2) a new candidate or other option is added to a matter already on the ballot, or (3) a candidate or option upon which the central committee has previously taken a position is removed from the ballot, the Executive Committee may, by a three-fourths vote, take a position on behalf of the Party with respect to the matter affected by the change.
If a measure, other than a statewide measure, is placed on the ballot within 45 days of the deadline for submission of ballot arguments, the Executive Committee may, by a three-fourths vote, take a position on that measure on behalf of the Party in order to allow an argument to be submitted by the Party or by one or more Party officers using their Party titles. this position shall be effective only upon actual submission of such an argument to the appropriate election official prior to the deadline.
No Party officer shall use his office or allow Party funds or other Party resources to be used to support or oppose any candidate or other option in any matter appearing on a public ballot, except in accordance with a position taken by the Party as provided in Sections 1, 2, or 3 of this Article.
Nothing in this Article shall be construed to prohibit publication in the Party newsletter of factual material relating to matters appearing on a public ballot, or of signed opinion articles stating the personal opinions of their authors, as long as such opinions are clearly identified as not being official positions of the Party.
Nothing in this Article shall be construed to prohibit use of Party resources for the recruitment or training as candidates or Party members who have not yet received an endorsement, as long as no position specifically opposing their candidacy has been taken by the Party.
Article X Campaign Financing
The Executive Committee may choose to establish a Libertarian Party campaign fund from which funds may be allocated to local, county, state-wide or national candidates of the Libertarian Party. Such allocations among the various candidates will be determined at the discretion of the Executive Committee by majority vote. The campaign fund may also be used to support Libertarian Party campaign publicity not specifically promoting an individual candidacy.
Article XI Executive Appeal
Any action taken by a Party Officer or the Executive Committee may be appealed to the Judicial Committee by the petition of 4 central committee members. A central committee member may only sign one such petition in any 3 month period.
The Judicial Committee will hold a hearing to determine whether or not the action in question was within the scope of the Constitution and Bylaws of the Party. Should the committee rule that the action was not proper, then the Judicial Committee shall direct such corrective measures as it deems appropriate.
Article XII Amendments
These Bylaws may be amended by a majority vote at any meeting of the central committee provided that the amendment was proposed at the previous meeting, notification of the proposed amendment accompanied the notice for the meeting at which the amendment will be considered and a majority of the Executive Committee is present.
Article XIII Parliamentary Authority
Robert's Rules of Order as newly revised shall be the parliamentary authority for all matters of procedure not specifically covered by the Constitution or Bylaws of the Party.