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The Constitution of the Libertarian Party of Kentucky

PREAMBLE

WE, the Libertarians of Kentucky, in convention, in order to affiliate ourselves with the National Libertarian Party, and to promote the libertarian philosophy in the state of Kentucky, associate together to form a political party and for that purpose adopt the following Constitution:

 

ARTICLE I: NAMES AND DEFINITIONS

Section 1. The National Libertarian Party shall be hereafter referred to as the "National Party".

Section 2. The name of the Party chartered as the official state affiliate by the National Libertarian Party shall be "The Libertarian Party of Kentucky", hereinafter referred to as the "State Party".

Section 3. A Party chartered as the official affiliate by the State Party within a US Congressional District shall be a "District Party".

  1. A Party organized in the state of Kentucky, within a U.S. Congressional District which encompasses two or more counties shall be "The Libertarian Party of Kentucky – " followed by the ordinal number of the Congressional District as determined by the state of Kentucky, followed by the word "District".

  2. The official name of any District Party which is contained within one county shall be one of the following:

    1. "The Libertarian Party of Kentucky – " followed by the ordinal number of the Congressional District, followed by the word "District", as determined by the district numbering determined by the state of Kentucky; or

    2. "The Libertarian Party of Kentucky – " followed by the name of the county, and then immediately followed by the word "County"; or

    3. "The Libertarian Party of " followed by the name of the city, and then immediately followed by the word "Kentucky" when that county is operated as a Consolidated Local Government, Urban County Government, Unified Local Government, or Charter County Government, as defined in Kentucky Revised Statutes.

  3. If entitled to the intended name, the official name of a District Party may only be changed by majority vote by the delegates from the affected District Party, at the annual State Convention, by majority vote occurring no more often than once every 18 months.

Section 4. A Party chartered as the official affiliate by a District Party within a Kentucky county shall be a "County Party".

  1. The official name of any County Party within a county without a Consolidated Local Government, Urban County Government, Unified Local Government, or Charter County Government, as defined in Kentucky Revised Statutes, shall be known as "The Libertarian Party of" followed immediately by the name of the county as recognized by the state of Kentucky, followed by "County, Kentucky".

  2. The official name of any County Party within a county that is operated as a Consolidated Local Government, Urban County Government, Unified Local Government, or Charter County Government, as defined in Kentucky Revised Statutes, shall be:

    1. "The Libertarian Party of" followed immediately by the name of the county, followed by "County, Kentucky"; or

    2. "The Libertarian Party of " followed by the name of the operating name of the city operating as a Consolidated Local Government, Urban County Government, Unified Local Government, or Charter County Government, and then followed by the word "Kentucky".

  3. The official name of a County Party may only be changed by majority vote by the delegates from the affected County Party, at the annual State Convention, by majority vote no more often than once every 18 months.

Section 5. A Party chartered as the official affiliate by a County Party within an incorporated city, legally recognized by the state of Kentucky, shall be a "City Party". The name of the City Party shall be "The Libertarian Party of " followed by the name of the city, and then followed by the word "Kentucky".

Section 6. For the purposes of this Constitution, a "Party" is defined as any Constitutionally-sanctioned organizational unit within the State Party, including the State Party.

Section 7. A Party may employ alternate titles for Constitutionally-defined roles within a Party, so long as those roles have similar meaning and are appropriate.

 

ARTICLE II: PERIOD OF DURATION

Section 1. The duration of the State Party shall be Perpetual, unless disbanded by the National Libertarian Party.

 

ARTICLE III: PURPOSE

Section 1. The State Party shall exist to serve as the officially chartered state party of the National Party in the state of Kentucky.

Section 2. The purpose for which the State Party is organized is to implement and give voice to the principles embodied in the platform of the State Party by:

  1. Nominating candidates for federal, statewide and local elections in Kentucky and supporting candidates for political office;

  2. Promoting membership in the State Party;

  3. Promoting and coordinating affiliate organizations through the state; and

  4. Entering into political information activities.

Section 3. All affiliated Parties exist to assist the State Party in its stated purpose and goals.

 

ARTICLE IV: POWERS

Section 1. A Party shall carry out its purposes by any means seen fit by the Executive Committee of that Party, provided that;

  1. The Party complies with Kentucky and Federal law, and;

  2. The Party acts in good faith within the boundaries of its governing documents and the governing documents of the Party from which it was chartered.

Section 2. Private arbitration

  1. If any Party is unable to internally resolve a question of its rightful powers, duties, leadership, or legal obligations, the chartering party will be solely responsible for resolution, acting as final arbiter.

  2. If the State Party is unable to internally resolve the rightful powers, duties, or leadership of the State Party, the National Party will be solely responsible for resolution, acting as final arbiter.

 

ARTICLE V: MEMBERSHIP

Section 1. Voting members of the State Party shall be those persons whose State Party dues are current or service exemption has been achieved, and who have signed the Statement of Principles, which reads: "I hereby certify that I do not believe in or advocate the initiation of force as a means of achieving social, economic or political goals."

Section 2. Non-voting members shall be those persons who fulfill the annual monetary or service requirements to the State Party, or sign the Statement of Principles, but not both.

Section 3. The amount of financial and service-based support required for State Party membership may be modified by a majority vote of the Executive Committee of the State Party. A change in requirements does not change the current status of existing members for the duration of their current membership.

Section 4. The membership of any member may be revoked by vote of the Executive Committee of the State Party. To successfully revoke membership, not more than one voting member of the State Executive Committee may object or abstain.

 

ARTICLE VI: PARTY ORGANIZATION

Section 1. Party Structure

  1. Except as otherwise provided herein or in the By-laws of the State Party, the affairs of a Party shall be conducted by the Executive Committee of that Party.

  2. A Party may not exist without an Executive Committee.

    1. The District Executive Committee shall be elected at a meeting, made known to the Voting Members in the political division encompassed by the Party at least 30 days in advance, by a majority vote of the Voting Members in the Party who attend the meeting.

    2. An Executive Committee must consist of at least a Chair, Treasurer, and either a Vice-Chair or Secretary. If the Executive Committee of a Party does not fulfill this requirement for a period greater than 45 days, that Party is dissolved.

  3. Chartering Affiliate Parties

    1. A State Party may only charter District Parties within the Congressional Districts legally defined by the state of Kentucky.

    2. A District Party may only charter a County Party within a County in which a majority of the population lives within the Congressional District as legally defined by the state of Kentucky.

    3. A County Party may only charter a City Party within a City in which a majority of the population of the incorporated city exists within the legally-defined borders of the county.

    4. A Chartering Party has the sole ability to affiliate or disaffiliate an Affiliate Party.

    5. A Chartering Party may not charter more than one affiliate Party for the same political subdivision.

 

  1. An Executive Committee consists of the following positions:

    1. The four officers of a Party are defined as:

      1. Executive Committee Chair, who shall be responsible for

        1. Presiding at all Party Conventions and all meetings of the Executive Committee and generally organizing the Party;

        2. Being the chief executive officer of the Party;

        3. Being an ex-officio member of all standing and ad-hoc committees in the Party, and all affiliated Parties chartered by the Executive Committee or its affiliates;

        4. Being the primary contact with the organization which charters the Party;

        5. Being the primary public spokesman for the Party; and

        6. Prepare an agenda for all Executive Committee meetings.

      2. Executive Committee Vice-Chair, who shall be responsible for

        1. Assisting the Executive Committee Chair;

        2. Performing the duties of the Executive Committee Chair, when the Chair is unable to perform those duties;

        3. Acting as the Chair of the Membership Committee, and maintaining the membership roles of the Party.; and

        4. Performing the duties of the Secretary, in the absence of the Secretary.

      3. Executive Committee Secretary, who shall be responsible for

        1. Maintaining all records of the Party, other than membership rolls and financial records;

        2. Providing or making provisions for legal services to the Party;

        3. Acting as the Chair of any media-related Committee of the Party; and

        4. Recording the minutes of all Executive Committee meetings and the minutes of Party conventions.

        5. Performing the duties of the Vice-Chair, in the absence of the Vice-Chair.

      4. Executive Committee Treasurer, who shall be responsible for

        1. Receiving, expending and accounting for all funds or other property of the Party under the supervision and direction of the Executive Committee;

        2. Making commitments and disbursement of Party funds for expenses within the budget established by the Executive Committee and for out-of-budget expenses specifically approved by the Executive Committee;

        3. Being the Chair of the Finance Committee;

        4. Supervising and coordinating fundraising efforts of the Party, and act as coordinator for fundraising events, both with the Party from which it was chartered and all affiliate Parties; and

        5. Preparing a quarterly financial report for the Executive Committee.

    2. At least one member of the Party, elected at-large by the members of the Party, whose title shall be Executive Committee At-Large Representative.

      1. The duties of the Executive Committee At-Large Representative is to represent those in the Party who live in an area without an affiliate Party.

      2. Changes in the number of Executive Committee At-Large Representatives may occur at any Convention, by majority vote of the delegates of the Party.

        1. There shall never be fewer than one (1), nor more than (4), Executive Committee At-Large Representative position(s) on an Executive Committee.

    3. The Executive Committee Chair of each Party organization directly affiliated with the Party.

      1. When that affiliate Party does not exist, the chartering Executive Committee may appoint, by majority vote, a member to the Executive Committee, to assist in the organization of the affiliate Party. The appointed member shall be given the title "Coordinator", and will not be counted as a voting member of the Executive Committee.

    4. Precinct Captains

      1. Precinct Captains shall exist on an Executive Committee for:

        1. A District Party which is contained within one county.

        2. A County Party which includes precincts in which a majority of the population of that precinct does not live in an incorporated city.

        3. A City Party.

      2. When seated on the committee, the Precinct Captain's title shall be "Precinct Captain -" followed by the precinct designation.

      3. The majority vote of all sitting Precinct Captains on an Executive Committee shall count as a single vote on that Committee.

      4. The Precinct Captain shall be a resident of the precinct.

      5. When vacant, the Executive Committee may fill the position by majority vote, and that Precinct Captain shall be granted the rights and privileges of a regularly-elected Precinct Captain.

  2. An Executive Committee is established for the governance of the Party between conventions.

    1. It is responsible for the Party affairs as specified in this Constitution, and the governing document of the Party.

    2. It shall meet not less than annually at the State Convention to review Party matters. The time and place of meetings shall be established by the Chair of the Committee.

    3. It shall adopt an operating budget, approve expenditures not previously budgeted and review the Party’s financial status quarterly.

    4. It is responsible for issuing policy statements on behalf of the Party.

    5. It shall review the campaign strategy and literature of endorsed or nominated candidates running for an office which crosses the boundary of affiliate Parties, or where there is no affiliate Party. The Executive Committee may suggest changes to these items but shall not exercise a veto over the adoption of a particular strategy or particular literature.

    6. It may appoint any person to non-voting positions on the committee, who shall serve at the pleasure of the Executive Committee.

    7. All decisions of the Executive Committee shall be made by a majority vote of those present unless otherwise specified by this Constitution.

    8. The Chair of an affiliated Party may appoint a proxy for the chartering committee. The Chair of the chartering Party must receive verifiable proof that the Chair of the affiliate Party has appointed a proxy. If the Chair of an Affiliate Party does not attend a meeting of the Executive Committee of the Chartering Party, and has not appointed a proxy for that meeting, the highest ranking elected or appointed member of the Executive Committee of the Affiliate Party present may act as proxy. For the approved period, a proxy shall have the same rights and privileges as the regular member of the committee of the Chartering Party.

    9. A quorum must be present for an Executive Committee to conduct official business.

    10. The assignment of specific duties to the At-Large Representatives shall be made by the Executive Committee.

    11. Minutes shall be taken at all Executive Committee meetings with a summary of major actions made transparent and available to Voting Members.

    12. The Executive Committee may act between meetings, provided that all business requiring a vote be conducted as follows:

      1. Unless otherwise required by the governing documents of the Party, a favorable vote by not less than fifty-one percent (51%) of all non-vacant positions on the Executive Committee shall be required for any resolution to pass;

      2. Votes shall be cast by in a form that permits verification of authenticity, and shall be presented to the Secretary, who shall keep them on file with the minutes, and who shall read an account of them at the next Executive Committee meeting;

  3. The ranking of members of an Executive Committee is as follows: Chair, Vice-Chair, Secretary, and Treasurer, followed by At-Large Representatives ranked by seniority.

Section 2. Qualifications to Serve

  1. All members of an Executive Committee must be a voting member of the Party.

  2. All members of any Executive Committee must be a legal resident of the state of Kentucky.

  3. All members of any Executive Committee must be registered with the Kentucky Secretary of State to vote as a Libertarian. Exceptions to voter registration requirements are limited only to when:

    1. State law does not provide for the registration for any Libertarian Party members.

    2. A member of the party registers as a Libertarian, but the legal registering agent fails in their legal obligation to properly register the member.

    3. A member is ineligible to register to vote by law.

  4. No person may be considered for any position on any Executive Committee, who does not meet the eligibility requirements in this section.

  5. No person may serve on more than one Executive Committee within the Party, except as the representative from an affiliate Party on the Executive Committee of the chartering Party, as defined in this document.

Section 3. Leave of Absence

  1. A leave of absence can be obtained by members of an Executive Committee when that member will be known to be unavailable for an extended period of time.

    1. A leave of absence shall be submitted to the highest-ranking remaining member of an Executive Committee.

  2. During a Leave of Absence by the Chair, the Chair shall give notice to the entire committee, and the Vice-Chair shall serve in their place during the leave of absence.

  3. If more than 50% of the Officers and At-Large Representatives of an Executive Committee of any Party are on a Leave of Absence for a period longer than 30 days, the highest ranking and available Executive Committee member may decree all seats vacant, and call a Special Convention with the sole purpose of electing a new Executive Committee for that Party.

Section 4. Resignation and Recall

  1. Any member of an Executive Committee may submit resignation to the highest-ranking remaining officers of an Executive Committee.

    1. Resignation must be in written form, either through mail or by electronic form.

    2. A resignation must include an "effective date".

    3. Any member of an Executive Committee who becomes deceased shall be considered immediately recalled.

  2. A member of an Executive Committee can be recalled from office under the following circumstances:

    1. Any Party officer, At-Large Representative, or Precinct Captain may be recalled from office by written petition of twenty (20) percent of all Voting Members of that Party, and by mailed, electronic, or other certified vote of no less than two-thirds (2/3rds) of all Voting Members of that Party. Voting members eligible shall be limited to those within the particular sub-division of the Party where the Officer or At-Large Representative subject to a recall serves.

    2. Any member of an Executive Committee who does not participate in the activities of the Executive Committee for a period of sixty (60) days or greater, without having first given proper notice of a leave of absence, shall be automatically recalled from office.

    3. Any member of an Executive Committee may be recalled from office by a vote of no less than three-quarters (3/4) of the entire non-vacant Executive Committee of that Party.

    4. Any sitting member of an Executive Committee, who fails to meet the qualifications and requirements to be elected and serve in any capacity at any level in the party, as prescribed by the governing documents of that Party, will be given thirty (30) days, upon documented notification by any Party member, come into compliance with these requirements. Failure to meet these qualifications within the thirty (30) day period shall result in automatic recall from office.

Section 5. Vacancies in office

  1. If for any reason the position of Chair of an Executive Committee shall become vacant, the Vice-Chair shall immediately assume the duties and title of the Chair, creating a vacancy in the office of Vice-Chair.

  2. If for any reason, should the office of any Officer which is not the Chair, or any At-Large seat, on an Executive Committee becomes vacant during a term, the remaining members of that Executive Committee may elect a Party member to complete the term of office vacated.

  3. If the vacancy occurs in a seat held by the Chair of an Affiliate Party:

    1. The Executive Committee of the Affiliate Party shall be responsible to fill the position of Chair, whenever possible.

    2. When the vacancy occurs as a result of dissolution, the Committee of the Chartering Party may appoint a new coordinator.

Section 6. Acting members of the Executive Committee

  1. During a leave of absence in the office of, the Treasurer, Secretary, Vice-Chair, or any At-Large Representative, the remaining members of an Executive Committee may appoint an acting member of the Executive Committee by majority vote.

  2. The acting member of an Executive Committee shall add "Acting" to the beginning of the official title of the office.

  3. An Acting Member of an Executive Committee shall have the full rights, privileges, and duties of an elected member of the Executive Committee, except an Acting Member will not have a vote on that committee.

  4. An Acting Member of an Executive Committee shall serve until the end of the leave of absence, or the next Convention at which the delegates of that Party are assembled, at which time their term shall be considered expired.

Section 7. Elections

  1. Officers of the State Party and established County Parties, as well as At-Large Representatives of established District Parties and established City Parties, shall be elected by majority vote of the voting members of that Party at Annual Conventions held in odd-numbered years.

  2. Officers of established District Parties and established City Parties, as well as At-Large Representatives of the State Party and established County Parties, shall be elected by majority vote of the Voting Members of that Party at Annual Conventions held in even-numbered years.

  3. Precinct Captains shall be elected by majority vote of the Voting Members in attendance from that voting precinct, at Annual Conventions each year.

  4. Vacancies in a Party may be filled at any convention by majority vote of the Voting Members who would normally be eligible to elect the vacant position.

  5. Members of the Executive Committee shall take office immediately upon the close of the Convention at which they were elected, and shall serve until their successors are elected and qualify for office, unless otherwise specified by this Constitution.

Section 8. Other Committees

  1. Standing Committees

    1. Membership Committee

      1. It shall be chaired by the Vice-Chair.

      2. Its membership shall be set by the Executive Committee and is open to any Party member.

      3. It is responsible for maintenance of Party membership lists.

      4. It shall conduct periodic membership drives not less than annually.

      5. It shall meet and recommend to the Executive Committee that the membership of any individual be revoked if that member makes statements or takes actions which are contrary to the Statement of Principles. Such recommendation shall require a three-quarters (3/4) vote of the entire Membership Committee.

    2. Finance Committee

      1. The Finance Committee shall be chaired by the Treasurer of the Party.

      2. The members shall be appointed by the Executive Committee of the Party.

      3. Membership is open to any voting member of the Party.

      4. The Finance Committee shall develop the annual budget and submit it to the Executive Committee of the Party for approval.

      5. The Finance Committee is responsible for dues collection, fund raising and accounting for Party funds.

    3. Platform and Issues Committee

      1. The Chair of the Platform and Issues Committee shall be appointed by the Executive Committee from among the members of the Executive Committee of the Party.

      2. The members of the Platform and Issues Committee shall be appointed by the Executive Committee of the Party. Membership is open to any voting member of the Party.

      3. This committee shall draft policy statements for the Executive Committee of the Party and develop position papers for the Party.

      4. This Committee shall prepare planks for the Party Platform, hold hearings on these planks and submit them to the delegates of the State Party Annual Convention for approval.

    4. Rules Committee

      1. The Secretary is the Chair of the Committee.

      2. The members of this Committee shall be appointed by the Executive Committee. Membership is open to any Party member.

      3. This Committee shall draft Convention Rules for adoption by the Executive Committee of the Party.

      4. This Committee shall draft changes to the Constitution and By-laws. Such changes shall be submitted to the Executive Committee or Convention for approval as specified in the Constitution.

  2. Ad-Hoc Committees

    1. An Executive Committee shall have the power to create or dissolve ad-hoc committees, at-will, by majority vote of that Executive Committee, and documented in either the State Party Constitution or in the By-laws of that Party.

    2. The scope and influence of any ad-hoc committee shall be limited to the Party whose Executive Committee creates the committee.

    3. No other Executive Committee may dissolve an ad-hoc committee other than the the Executive Committee of the Party that created that committee.

    4. If a Party is dissolved for any reason, the ad-hoc committees created by that Party will also be automatically dissolved.

Section 9. Dissolution of a Party

  1. If for any reason a Party is dissolved, the assets of that Party shall be dispersed as follows:

    1. A District Party, County Party, or City Party that has been dissolved shall transfer all Party funds to the State Party.

    2. If State Party is dissolved, its final act shall be to transfer all Party funds to the National Libertarian Party.

  2. All titles and voting rights granted to the members of a Party that has been dissolved, as a function of that Party, shall be revoked.

 

ARTICLE VII: CONVENTIONS

Section 1. State Party Annual Convention

  1. The State Executive Committee Chair must call at least one convention annually, known as the "Annual Convention".

Section 2. Special Convention

  1. A Special Convention may be called when necessary, by any Party, with majority approval by its Executive Committee, or with majority approval from the Executive Committee of the Chartering Party, and with no less than thirty (30) days notice to the Voting Members of that Party.

  2. A Special Convention must be called with a specific purpose, and that purpose made public as part of the notice of the Special Convention. No other activities may occur at a Special Convention other than those previously announced in the notice to the Voting Members.

  3. A Special Convention may not be called by a Party more than twice per year.

Section 3. Rules for calling all types of Conventions

  1. The Chair of the State Executive Committee is responsible for calling any and all conventions, for any Party.

    1. The State Chair shall oversee all conventions, or shall appoint a surrogate to oversee the convention.

    2. Except for Conventions where they are a member of the Party in convention, the State Executive Committee Chair or their surrogate shall have no vote.

  2. Except where otherwise defined in this Constitution, any convention must be called with at least forty-five (45) days notice prior to the convention, with a "best-effort" taken to contact current Voting Members of the affected Party.

    1. The notice must explain the type of convention being called.

    2. The notice must explain for which Party the convention is being held.

    3. Two attempts to contact the Voting Members by any reasonable and affordable means; and

    4. Reasonable public advertisement in any known liberty publications reaching Libertarians in Kentucky.

Section 4. National Party Convention Delegates and Alternate Delegates

  1. Delegates and Alternate Delegates to the National Party Convention shall be nominated at the State Convention preceding the National Party Convention. Any vacancies may be filled by appointment by a majority vote of the State Party Executive Committee.

  2. The delegates to the National Party convention shall:

    1. Attend the National Party convention and vote on questions and elections presented there.

    2. Exercise their vote at the National Party convention on the basis of individual conscience, i.e., they shall not be bound to vote for any particular issues or candidates by the State Convention, Executive Committee or Party officers.

  3. The Alternate Delegates to the National Party convention shall:

    1. Attend the National Party convention.

    2. Replace according to order of election any Delegate who is not able to attend the National Party convention.

  4. The Delegation Chair to the National Party Convention shall be the Chair of the State Executive Committee.

    1. If the State Executive Committee Chair is unable to attend the National Party Convention, the Chair shall appoint a Delegation Chair who is a member of the State Party and who is eligble to participate at the National Convention as a delegate.

    2. The Delegation Chair may fill vacant delegation seats after arriving at the National Party Convention. Priority shall be assigned as follows: Members of the State Party, followed by members of the National Party members who reside in Kentucky, followed by members of the National Party who have donated to the State Party in the past year, and finally to members of the National Party who live outside of Kentucky.

 

ARTICLE VIII: NOMINATION AND ENDORSEMENT OF POLITICAL CANDIDATES

Section 1. Nominations of candidates for Federal, State and local government offices.

  1. A Party nominee for a Federal, State or local government office must be a voting member of the State Party, and be legally qualified to run for and hold the office being sought.

  2. Nominations for all candidates are to be made from the convention floor by the convention delegates gathered at a convention where the nomination of candidates is part of the agenda.

  3. State, District, County and City Parties are authorized to make nominations as follows:

    1. City Party may nominate candidates for City offices or other local offices that are within the geographical limits of the City.

    2. A County Party may nominate candidates for County offices and for the offices of any Cities within the geographical limits of the county that do not have a City Party.

    3. A District Party may nominate candidates for:

      1. the office of the Federal Representative of that District;

      2. the offices of the State representing areas within the geographical limits of the District;

      3. the offices of Counties within the District that do not have a County Party; and

      4. the offices of Cities within the District that are without a City Party and without a County Party.

    4. The State Party may nominate candidates for:

      1. state-wide Federal and State offices;

      2. State offices that do not fall entirely within the geographic limits of a District having a Party;

      3. in a District without a Party, the nomination for offices that a District Party would be authorized to make; and

      4. any State or local offices that do not fall within the nominating jurisdiction of any other Party as set forth in this Section.

Section 2. Eligibility to Vote

  1. Any persons who are registered to vote in Kentucky as a Libertarian shall be permitted to vote for candidates at convention.

  2. Any voting member of the State Party, or any other registered Libertarian, may challenge the right of any potential voter to cast a ballot, prior to that ballot being cast. If a challenge has been made in good faith, then:

    1. Proof of residency must be provided by the person being challenged. This proof of residency must be a photo ID that includes the full legal name, address, and date of birth of the person being challenged.

    2. It is the responsibility of the State Party to verify that a person who has been challenged is legally registered to vote in Kentucky as a Libertarian.

  3. This section shall be considered null and void if the State of Kentucky terminates the practice of tracking Libertarian registrations.

Section 3. Candidate Election

  1. Form of Ballots

    1. All balloting shall be done by written vote of the delegates present and voting. All cast ballots shall be preserved by the Secretary for a period of 30 days after the close of the convention.

    2. All nomination ballots shall employ preferential choice voting.

    3. All ballots shall contain None Of The Above (NOTA) as an option.

  2. Deciding the winner

    1. The Secretary of the Party is responsible for counting the ballots, under the supervision of the Executive Committee.

    2. The Secretary may opt to enlist other volunteers, and make use of technology as approved by the State Party, to assist in the counting of ballots.

    3. Any candidate whose name was listed on the ballot and received fewer votes than NOTA may not seek nomination for that office again during the same election cycle, and no Executive Committee may place that candidate into that vacancy during that election cycle. If NOTA wins against all other candidates seeking nomination for an office, then the Party has nominated no one for the position.

  3. After the Annual Convention, the Executive Committee may nominate candidates, for offices for which the convention did not choose a nominee, for offices where the candidate nominated at convention has submitted a formal resignation from the political race, or for offices where the selected candidate has been deemed ineligible, following the rules outlined by this Constitution.

Section 4. Certification and Challenges

  1. Any challenge to the nomination of a candidate must be made, in good faith, within two (2) business days of the nomination of that candidate, and must be made in writing to the Chair and one other officer of the Executive Committee of the State Party.

    1. The State Party shall recognize any good faith challenge to the results for any candidate.

    2. A challenge made in good faith will include:

      1. The name of the person who is making the challenge;

      2. A copy of photo identification for the person making the challenge which included name, address, and date of birth; and

      3. The grounds on which the results are being challenged

    3. The State Party shall review the challenge, and is empowered to resolve any challenge in any way they deem necessary. A ruling on any challenge must be made within thirty (30) days of the original nomination.

  2. The results of the nomination will be considered certified after the expiration of the period alloted for challenges to candidate nominations, if no challenge has been submitted for that candidate. The results of all challenged nominations will be certified after the State Party issues a ruling on the challenge.

  3. If an Executive Committee fills a vacancy for political office, that Party must follow the rules outlined by this Constitution, but may not be otherwise challenged.

Section 5. No Party shall endorse:

  1. The candidacy of any candidate for office running against a Libertarian candidate;

  2. The candidacy of any candidate for President or Vice-President other than the candidate selected at National Party convention; or

  3. Any non-Libertarian Party candidates for office in any partisan race.

 

ARTICLE IX: PLATFORM

Section 1. Adoption of a Platform.

  1. A Party may adopt a Platform.

  2. No Party may adopt a platform that conflicts with the platform of the Party from which it is chartered.

Section 2. The Platform may not be inconsistent with the Statement of Principles adopted by the State Party or the National Party.

Section 3. Amending the Platform.

  1. The Platform may be amended at any Party Convention by deletion, substitution, or addition of any plank.

  2. A plank may be deleted by a simple majority vote of the Convention delegates.

  3. The substitution of a new plank for an old plank, or the addition of a new plank, shall require approval by a vote of two-thirds (2/3) of the delegates present and voting.

 

ARTICLE X: GOVERNING DOCUMENTS

Section 1. This Article of this Constitution may not be amended outside of the State Party Annual Convention.

Section 2. Constitution

  1. This Constitution supersedes all previous Constitutions, By-laws or other governing documents of the State Party and any of its affiliates.

  2. Amendments to this Constitution may be made by no less than a vote of three-fifths (3/5) of the Voting Members of the State Party at any State Party Annual Convention or State Party Special Convention when declared in order to amend the governing documents of the State Party; or by a vote of not less than three-quarters (3/4) of the sitting State Executive Committee.

  3. Any amendments made to this constitution by the State Executive Committee between conventions shall take effect immediately, but shall be immediately repealed at the close of the next convention unless ratified by a majority vote of the voting membership in attendance.

Section 3. Bylaws

  1. Any Executive Committee may create, amend or repeal By-laws for the Party by a majority vote of the Executive Committee.

  2. Any adopted Bylaws may not conflict with this Constitution. Any Bylaw in conflict is automatically repealed.

Section 4. No document governing any Party shall be in conflict with this Constitution. Any conflicts shall be automatically repealed.

  1. If an affiliate Party chooses to adopt governing documents, it shall not conflict with a chartering Party's governing documents, be considered at a scheduled business meeting of that party, be made known to the Voting Members in the Party at least 30 days in advance, and be passed only by a majority vote of the Voting Members in the Party who attend the meeting.

  2. If a governing document of an affiliate Party, in part or in sum, is found to be in conflict with a chartering Party's governing documents, the conflicting portion of the document must be remedied so as to not be in conflict within 45 days, or that entire governing document for that affiliate Party shall be considered repealed.

  3. If an affiliate Party does not choose to adopt its own governing documents, that Party shall accept the governing documents of its chartering Party as its own.

 

ARTICLE XI: PREFERENTIAL VOTING

Section 1. In any case where a question has been called to a vote and there are more than two (2) options, preferential voting, also known as instant runoff voting, shall be used in written form to determine the winning choice.

Section 2. Whenever preferential voting is used, the Secretary of the Party shall be responsible for tallying each round of voting, and recording the tally of votes for each round of voting.

 

ARTICLE XII: ALL OTHER CIRCUMSTANCES

Section 1. All situations not covered in this document shall be governed by the latest available edition of "Robert's Rules of Order, Newly Revised".

 

Adopted at convention on February 27th, 2010
Last revised at annual convention on March 1st, 2014