Date: Mon, 18 Jun 2001 02:50:20 EDT From: RegistrLBT@aol.com Subject: Draft Bylaw Revisions To: pgammill@home.com, RegistrLBT@aol.com, quixote@goodnet.com, mhorning@netcom.com, snail@aztec.asu.edu, guildmaster@att.net, randerson22@home.com, cartero@nguworld.com, mikeh@cybertrails.com, tlglenn@azstarnet.com, apfanning@earthlink.net, ernesthancock@home.com, jwalsh@potbellystudios.com, auvenj@mailcity.com, pls@bctv.com, isher@sprynet.com, quixote@netzone.com, wildcat@oldwest.net, levelbst@flagstaff.comDear Governing Committee Member/Convention attendee:
Here are the draft bylaw revisions as approved by the convention. The y will be forwarded to the County Chairs after your comment.
Tim McDermott Secretary
Dear County Chair:
Pursuant to the constitution of the Arizona Libertarian Party, the party bylaws, as revised and approved by the state convention are hereby presented to your Steering Committee for approval. Proposed deletion Proposed addition [##] Numbered item change, to be voted on by the county Steering Committee. Note: Passages involving no significant changes are not included.
The Bylaws of the Arizona Libertarian Party
As approved in Convention, June 2nd, 2001 and forwarded to County affiliates for ratification.
SECTION I. MEMBERSHIP 1. Any qualified Libertarian elector residing within Arizona shall be [01]deemed a member of the Party. 2. [02]Additionally, any person who has been denied their rights, or who is a resident alien and signs the membership pledge as specified in paragraph 2 and registers with the Secretary shall be a member. 3. Any [03] qualified Libertarian elector person residing within Arizon a shall be [04]deemed a Member of Record of the party if he or she [05]does al l or the following: a) Signs a membership pledge stating =E2=80=9CI certify that I do not advo cate the initiation of force or fraud for personal, political or social gain=E2=80 =9D, and either: a) attended the previous regular State Convention, or pays yearly membership dues set by the convention. 3. [06] Any person who has been denied their right to vote by virtue of a criminal conviction for a nonviolent, victimless crime, or who is a resident
alien, but otherwise meets the qualification of this section,shall be deeme d a member of record. [07] An individual maybe removed from membership or membership of record for cause by the convention.
SECTION II. [08]AFFILIATED COUNTY PARTIES 1) Any five or more Members-of-Record residing within a single county with no [08 all] recognized affiliated County Party may file with the Governing Committee a written application for formal affiliation. Such application shall bear the signatures of the members filing, the date of signing, the name of the county and a copy of the approved County Bylaws. 2) The Governing Committee shall duly affiliate the County Party, provided the proposed County Bylaws comply with this section. 3) To continue as an affiliated County Party [09] for the purposes of these bylaws,the County Party must; [10]Communicate with the Governing Committee in some form at least once every quarter. [11] Provide the State Party Secretary with a quarterly report describing status, acivities, and finances within 30 days after the end of each calendar quarter. a) [12] Keep a current copy of the County bylaws on file with the Governing Committee. [13] Provide the State Party Secretary with a complete , correct and up to date copy of Bylaws. Provide updates within 30 days after the County Party ratifying a change. b) [14] Provide the State Party Secretary with the names, addresses, telephone numbers and email addresses of the County Party Chairman, Treasurer, and Secretary of the equivalent of these offices and update these
within 30 days after any change. c) [15] Provide the State Party Secretary with the names, addresses, and
other recorded information on the County Party Members of Record or the equivalent members once a year. Provide the above reports and Bylaws in an electronic form approved by the State Chair and suitable for posting on the Official Internet Website. d) Remain in substantial compliance with the constitutional lawsof the State of Arizona, [16] the bylaws Article V of the State Party Constitution,
this section of the State Party Bylaws, the County bylaws and the State Part y Platform. 4) The Governing Committee may withdraw affiliation of any County Party
that has not complied with the requirements of [17] Section II, 3 this section at the next meeting of the Governing Committee provided, the Secretary has notified and warned the County Chair (or other designated member) and upon notificatio of the meeting of the impending withdrawal of recognition. 5) [18] The primary duty of an affiliated County Party shall be to conduct these activities within their county: a) To achieve and maintain ballot qualification. b) To recruit candidates and assist their campaigns for office. c) To perform education, outreach and public relations campaigns. d) To assist the State Party with campaigns for state office. e) To assist the State Party with campaigns for state ofice.
SECTION III. ORGANIZATION of the PARTY 1) THE PRIMARY COMMITTEE The Primary Committee of the Party shall consist of a Chair, Vice-chair, Treasurer, Secretary, the Chair of the State
Committee and the Immediate Past Chair of the Party (if in good standing). The Primary Committee shall have day-to-day supervision of the operations of
the Party. (a) THE CHAIR The powers and duties of the Chair shall be 1) To chair the Governing Committee and the Party. 2) To preside at all Primary Committee meetings, Governing Committe e meetings and all conventions of the State Party, have sole authority to determine the date, time and place of any and all Governing Committee and State Committee meetings and to attend, call to order and dismiss all gatherings of the State Committee; 3) [19] To cause defense of the Party from legal action and other affronts; 4) To have overall supervision of the activities of the Party, the Party officers in their functions, and the State Committee and to see that all activities comply with applicable statutes, [20] the Party constitution,
the Party bylaws and the Party Platform; 5) To act as general spokesperson for the Party; 6) To have overall responsibility for implementing resolutions adopted by the Convention and the Governing Committee, authorize all disbursements; 7) To act as (or have direct control of) the Executive Director.
(b) THE VICE-CHAIR The powers and duties of the Vice-chair shall be 1) To be the Vice-chair of the Governing Committee and of the Party; 2) To perform the duties of the Chair of the State Party wheneve r the Chair is unable to do so, and to become Chair upon the resignation or removal of the Chair. 3) [21] To be an ex-officio member of all committees.
(c) THE SECRETARY The powers and duties of the Secretary shall be 1) To be Secretary of the Primary Committee and the recording officer of the Governing Committee and of the Party; 2) To attend all conventions and all meetings of the Governing Committee, keeping or making provision for keeping of such minutes and records as may be necessary; 3) To maintain a roll of the Members of Record; 4) [22] To maintain a roll of the Members of the Governing Committee and to ensure that the members of the Governing Committee Internet
electronic mail reflector are correct; 5) To file such documents as required by constitutional law, with the advice and direction of the Chair; 6) To notify all members of the Governing Committee of the date,time, place and agenda of a Governing Committee meeting [23] at least seven days prior to such meetings called for in these bylaws. 7) [24] To cause and ensure that a true and correct copy of al l County Party reports, Governing Committee meeting and Convention minutes, th e Party Constitution and these bylaws and all other official records and reports of the Party are posted on the Party Internet web site.
(d) THE TREASURER The powers and duties of the Treasurer shall be 1) To be the Treasurer of the Governing Committee and of the Party; 2) To receive all monies paid to the Party in accordance with the law and to deposit them in such [25] bank or banks accounts as the Governing Committee may designate; 3) To disburse said monies upon order of the Chair or the Governing Committee; 4) To report the financial condition of the Party to each general convention, and to the Governing Committee when called upon to do so ; 5) To file such financial reports as required by law, with the advice and direction of the Chair.
(e) THE CHAIR of the STATE COMMITTEE The powers and duties of the Treasurer shall be 1) To represent the Party before the State and perform the functions required of the office by law; 2) To be the Statutory Agent of the Party; 3) [26] To cause defense of the Party's interests from legal action and other affronts; 4) To be an ex-officio member of the Primary Committee and of the Governing
Committee.
(f) THE IMMEDIATE PAST CHAIR The Immediate Past Chair of the Primary Committee (if in good standing) shal l be as ex-officio member of the Primary Committee and of the Governing Committee.
2) THE GOVERNING COMMITTEE (a) The Governing Committee shall consist the officers of the Primary Committee as well as the Chair [27] (or other designated member) of each affiliated County Party and no more than 15 at-large members. Upon taking office, all Governing Committee members must be qualified Members of-Record, and shall remain so throughout their term. (b) The primary function and responsibility of the Governing Committee shal l be the attainment and retention by the Party, in every Arizona County, of al l rights and privileges of an affiliated political party under Arizona law. I n addition, the Governing Committee shall; 1) Exchange information among, and coordinate activities of the County Parties; 2) [28] determine a method for filling vacant delegate positions a the national convention and notify the National Committee of such method and may , As it deems necessary, employ and compensate an Executive Director or other persons to assist the Committee in any statewide activities of the Party; 3) Give resolutions of direction to the Primary Committee. (c) No Governing Committee resolution affecting the operation of the Party
shall remain in effect past the next regular convention. (d) A quorum of the Governing Committee shall be determined by a majority o f the number of primary officers and affiliated county parties, plus one-thir d of the at-large membership [29] positions filled. (e) Proxies shall be allowed at any Governing Committee meeting provided: 1) The proxy is presented to the Secretary prior to the commencement of the meeting; 2) The proxy specifies that meeting for which it is valid and it shall b e valid only at the meeting for which it is given; and 3) A notary public or two witnesses shall attest every proxy. 4) [30] Proxies may not be counted toward establishing a quorum. 5) [31] A person may hold and vote only one proxy.
3) THE STATE COMMITTEE (a) The State Committee (=E2=80=9Cthe statutory officers=E2=80=9D) shall b e determined in accordance with state law. (b) The statutory officers and members of subsidiary committees shall perform only the functions expressly required of their offices by law; may take delivery of any and all correspondence, property and other items due th e Party under law, from the State of Arizona and the various counties, and shall immediately forward them to the Chair of the Primary Committee unopene d and unused.
4) TERMS in OFFICE (a) The Vice Chair and Treasurer shall be elected by the general convention held in odd numbered years for a term of two years. The Chair and Secretary shall be elected by the general convention held in even numbered years for a
term of two years. (b) Members at-large members shall be elected at every convention for a ter m of three years. Their elections shall be arranged so that one third of the terms will expire in any given years. (c) All officers, except statutory officers, shall take office upon the close of the convention at which they are elected, and remain in office unti l the close of the next convention at which their position is elected. (d) [32] All members of the Governing Committee and of the State Committee hold office on the condition of certain limitations as described below. When
the Chair becomes aware that a member has violated on os these limitations, the Chair shall cause the member to be notified of his violation. Notification shall be by certified mail with delivery receipt sentto the members last known address. If the member fails to remedy the violations and
to notify the Chair of the remedy, the position shall become vacant without further action ten days after the notice is sent. 1) No member shall hold more than one post on the Governing Committee at
any one time. 2) No member shall be permitted to be an officer or member of any other organized political party during his or her term of office [33] and any such
membership shall be grounds for termination from the post. 3) No member shall perform any function or act that properly belongs to another officer under these Bylaws [34] and such usurpation shall be grounds
for termination from the post. 4) [35] No member of the Governing Committee shall be permitted to be an
officer of any organization currently involved in litigation against the Par ty . 5) [36] A member must be a Member of Record. 6) [37] A member must have a working telephone number or a working Internet electronic mail address, and a working postal address on file with the Secretary.
5) [38] MEETINGS OF THE GOVERNING COMMITTEE and PRIMARY COMMITTEE The secretary shall send notifications for all meetings seven days in advanc e as per contact information.
SECTION IV. STANDING COMMITTEES 1) The Governing Committee may appoint Standing Committees for the purposes of legislative review, raising funds, recruitment of candidates, an d other purposes as necessary. 2) Unless the Governing Committee shall designate a separate committee,
the Primary Committee shall comprise the Candidate Review Committee to evaluate the party qualifications of all Libertarian candidates for federal or state level public office. a) Libertarian candidates for federal or state level public office [39] should shall=E2=80=A6 i) Have been a Member of Record for one year prior to the election; and must ii) Affirm in writing, within two weeks of filing nominating papers, a substantial commitment to the party platform (noting any exceptions they may
take).
a) Upon recommendation of the Candidate Review Committee, the Governing Committee may initiate the removal of any candidate from the election ballot
who has not met the requirements of this section or has reneged on that commitment. [40] No party funds or resources may be used in support of such candidate. 3) [41] Parliamentary and procedural issues shall be the responsibility of the Governing Committee. 4) [42] Communications & Operations Committee a) The Communications and Operations Committee shall have primary responsibility for the publications, signs, mailings, Internet, registration s drives, publicity, campaign coordination and other political activities of the party. b) The Governing Committee shall appoint members and the Chair of the Committee for a term of two years. c) The Committee shall function under the general supervision of the Governing Committee and the Chair shall make quarterly reports on its activities to the Governing Committee.
SECTION V. SPECIAL COMMITTEES (a) The Governing Committee shall appoint a committee for the purpose of proposing adoption of a Party Platform and changes in the Constitution and Bylaws by the general convention, and other special committees as necessary. (b) All resolutions affecting the operation of the Party, adopted by the Governing Committee in the preceding year, shall be referred to the Platform
and Bylaws Special Committee for consideration as permanent changes.
SECTION VI. CONVENTIONS 1) The Governing Committee shall call a general convention in the first half
of each year for the purpose of: a) Electing members to the Governing Committee; b) Nominating presidential electors, if necessary; c) Focus on amending the party constitution and bylaws in even numbered years (specific amendments to the party platform may be considered if time permits); d) Focus on amending the party platform in odd number years(specific amendments to the party constitution and bylaws may be considered if time permits); e) Adopting resolutions of direction to the Governing Committee; f) Endorsing candidates for political office; g) Conducting other proper business.
2) The Governing Committee may call not more than one general convention during each calendar year. 3) The Governing Committee may, by a two-thirds resolution, call a special convention for the purpose of conducting business reserved to the convention which the Committee deems will not admit delay. 4) Members of Record may, by filing with the Secretary of the Governing Committee a petition bearing the signatures of not less than fifteen percent of the Members of Record, call a special convention for the purpose of conducting any business which the petitioners deem necessary. Th e Secretary shall make available to the petitioners the current list of the Members of Record for this purpose. It shall be the responsibility solely o f the petitioners to secure suitable accommodations for the convention and notify the Membership of Record and the Governing Committee, in writing, not
less than twenty-one days prior. In the event petitioners are successful at
the special convention, they may petition the Governing Committee for reimbursement of the convention expenses. 5) A special convention petition or resolution shall state the time and place of the convention, the business to be conducted in convention, and
no business shall be conducted other than that which the petition or resolution specifies. A special convention may exercise all powers of the general convention, affiliate or disaffiliate a County Party, reverse Governing Committee action, remove officers and, upon two-thirds vote, bar a
County Representative from participation in the Governing Committee. 6) The Governing Committee shall have supervision and management of all conventions and shall fix the official program and order of business of general conventions. 7) Voting on convention business shall be limited to Members of Recor d registered with the Clerk of the Convention. The Secretary shall close the membership roster two weeks prior to any convention until the close of the convention. 8) A quorum shall consist of a majority of Members of Record registered with the clerk of the convention. 9) Proxies shall not be allowed at any convention. SECTION VII. VACANCIES 1) The Governing Committee may, by a three-fourths vote, declare vacant any office in the Committee, except County Representative, upon the absence of the officer from two consecutive meetings of the Committee, or upon the officer=E2=80=99s failure to perform the duties described in Section III. 2) A vacancy occurring in the office of Vice Chair, Secretary, Treasurer
or at-large members of the Governing Committee shall be filled be selection from among Members of Record at the next meeting [43] of the Governing Committee.
SECTIONVIII. [44] PARLIAMENTARYPRECEDENCE of AUTHORITIES [45] The special convention rules adopted by the previous convention, or the
rules contained in the latest extant edition of Robert=E2=80=99s Rules of Or der, Newly Revised shall govern in all cases to which they are applicable, and in
which they are not inconsistent with the State Party Constitution or these bylaws. [46] Theorder of precedence of the various authorities shall be, with lower numbers having higher precedence: 1) [47] The Party Constitution; 2) [48] These Bylaws; 3) [49] Special convention rules adopted by the previous convention; 4) [50] Motions adopted by the Governing Committee; 5) [51] Robert's Rules of Order, Newly Revised shall govern in all cases to which they are applicable, and in which they are not inconsistent with the State Party Constitution, or these Bylaws.
[52] No law, rule or policy of the state of Arizona in conflict with the Constitution and Bylaws of the Arizona Libertarian Party shall ever hold precedence.
SECTION IX. NONE OF THE ABOVE 1)) None-of-the-Above shall always be a valid choice in all Governing Committee elections. 2) If None-of-the-Above wins a plurality of the votes, that office shal l be vacant and unfounded [53] until the provisions of Section III, Subsection
4 have been complied with [54] the next regular election for that office.
SECTION X. LEGAL NOTES 1) [54] Invalidity or unenforceablity of one or more provisions of these bylaws shall not affect any other provisions of this agreement. 2) [55] Neither failure or delay on the part of any party to exercise
any right, remedy, power or privilege hereunder shall operate as a waiver thereof, or of the exercise of any other right, remedy or privilege.
ACKNOWLEDGEMENT I, ElizabethBrandenburg-Andreasen, Chair of the Arizona Libertarian Party, d o hereby affirm that the governing documents of the Arizona Libertarian Party,
namely, theConstitution, the Convention Rules and the Bylaws, as set forth above., were properly approved in convention in Flagstaff, Arizona on June 2nd,2001, and approved by a majority county affiliate parties, that I was witness to said adoption, and I further certify that I have read the above documents and that they represent true and correct copies of the Constitution, Convention Rules and Bylaws of the Arizona Libertarian Party.
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