Constitution and Bylaws

The Libertarian Party of Kentucky Constitution

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: The Libertarian Party of Kentucky Constitution

ARTICLE I: NAMES AND DEFINITIONS

Section 1. The National Libertarian Party, known as the Libertarian National Committee, Inc. 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.” District parties that comprise only one county may, at their option, be known as the District Party of ___ County, or, if the county is operated as a Consolidated Local Government, Urban County Government, Unified Local Government, or Charter County Government, “The Libertarian Party of ” followed by the name of the City and immediately followed by the word “Kentucky.”
  2. 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 District 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. 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 6.
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.

ARTICLE V: MEMBERSHIP

Section 1. Voting Members of the State Party shall be those persons who:

  1. 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.“;
  2. Are legal residents of the state of Kentucky as of January 1 of the year their votes are cast;
  3. Are 16 years of age as of January 1 of the year their votes are cast;
  4. Meet one of the following requirements related to party registration:
    1. Registered with the Kentucky Secretary of State to vote as a Libertarian as of January 1 of the year their votes are cast; or
    2. Be permitted to vote in the primary elections for candidates for office as authorized by the State Party Elections Committee; or
    3. A member of the party registers as a Libertarian on or before January 1 of the year their votes are cast, but the legal registering agent fails in their legal obligation to properly register the member.
  5. Are current on State Dues, or have fulfilled an approved service exemption.
  6. Notwithstanding any other provision, the requirements contained in Paragraph D, above, shall not take effect until December 31, 2017.

Section 2. Non-voting members shall be those persons who fulfill some, but not all, of the requirements of Section 1.

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 third of the voting members 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, other than the State Party, is dissolved.
  3. Affiliate Parties
    1. Chartering Affiliate Parties
      1. A State Party may only charter District Parties within the Congressional Districts legally defined by the Commonwealth 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; provided, however, that if no such Congressional District qualifies under this provision, the State Party may authorize one of involved District Parties to charter a County Party.
      3. A Chartering Party has the sole ability to affiliate or disaffiliate an Affiliate Party.
      4. A Chartering Party may not charter more than one affiliate Party for the same political subdivision.
      5. In the initial chartering of an affiliate party, a Chartering Party, through its Executive Committee, may appoint the Executive Committee composed of a Chair, Vice Chair, Secretary, Treasurer, and at-large Member of the affiliate party, provided the area in question has at least five (5) Voting Members in its area. In the event these appointments are made, they: (i) shall not be effective for a period that is greater than nine months, or until the next convention of the affiliate party, whichever is less; (ii) the affiliate party at issue shall hold a convention within a period of nine months from the appointment and chartering under the rules for holding a convention and at that convention elect its officers and Executive Committee for the remainder of their terms of office; (iii) if the affiliate is a District Party, it shall not be authorized to charter a county party until it has held the initial convention and elected its officers at that convention; (iv) the Chair of the affiliate shall be permitted to participate, but not to vote, on the Executive Committee of the Chartering Party, until the affiliate party has held the initial convention and elected its officers at the initial convention. In no event shall the authority in this section be utilized by a Chartering Party more than once every two calendar years for any particular county or District1. Nothing in this section shall prevent the historical practice of chartering of an affiliate through an organizing convention.
    2. Dissolution of Affiliate Parties
      1. If a Party is dissolved, the assets of that Party shall be dispersed as follows:
        1. A District Party or County 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 Libertarian National Committee, Inc.
      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.
  4. 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, except as otherwise set forth herein;
        2. Being the chief executive officer of the Party, subject to oversight by the entire Executive Committee;
        3. The Chair and Vice-Chair shall be the sole Party officials authorized to sign any contracts on behalf of the Party, but only upon the approval of the contract by the Executive Committee.
        4. Being an ex-officio member of all standing and ad-hoc committees in the Party, except as set forth herein;
        5. Being the primary contact with the organization which charters the Party;
        6. Being the primary public spokesman for the Party; and
        7. Prepare an agenda, for approval by the Executive Committee, 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. The Chair and Vice-Chair shall be the sole Party officials authorized to sign any contracts on behalf of the Party, but only upon the approval of the contract by the Executive Committee.
        4. Acting as the Chair of the Membership Committee, and maintaining the membership roles of the Party; and
        5. Performing the duties of the Secretary, in the absence of the Secretary, or in the event the Secretary is unable to perform those duties.
      3. Executive Committee Secretary, who shall be responsible for
        1. Maintaining all records of the Party, other than membership rolls and financial records;
        2. For the State party, providing or making provisions for legal services to the Party or any affiliate;
        3. Acting as the Chair of any media-related Committee of the Party;
        4. Recording the minutes of all Executive Committee meetings and the minutes of Party conventions;
        5. Act as a member of the Membership Committee; and
        6. Performing the duties of the Vice-Chair, in the absence of the Vice-Chair or in the event the Vice-Chair is unable to perform those duties.
      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. The Treasurer shall be the official authorized to sign checks and distribute funds on behalf of the Party in accordance with the budget and authorizations from the Executive Committee; an Assistant Treasurer may be authorized for the State Party, appointed by the Treasurer, who shall be one of the Treasurers of one of the District Parties. In no event shall the Chair or Vice-Chair be an authorized person to sign checks on behalf of the party. In no event shall any expenditure be authorized that has not been specifically approved by the Executive Committee.
        4. Being the Chair of the Finance Committee; and
        5. Preparing a quarterly financial report for the Executive Committee, which shall outline all expenditures and revenues. Once approved by the Executive Committee, these records shall be made available to any Voting Member, upon written or e-mailed request.
    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 affiliate Party chartered by the Executive Committee in question.
      1. When an affiliate Party does not exist, the chartering Executive Committee may appoint, by majority vote, a non-voting member to the Executive Committee to assist in the organization of the affiliate Party. The appointed member shall be given the title “Coordinator”. A Coordinator shall serve at the leisure of the appointing Executive Committee, and the term of that appointment shall automatically expire at the next annual convention of the Party served by that 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.
      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.
  5. 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. The decisions of any officer, including the Chair, Vice-Chair, Secretary, and Treasurer, may be reviewed and overturned by the Executive Committee by three-fifths (3/5) vote taken within ninety (90) days of the actions complained of, or the notice of such action is made to the Executive Committee, whichever is later; the functions and authority of any officer, except the review or overturning of an action already completed, may be performed or conducted by the Executive Committee acting as a body, by majority vote.
    3. It shall meet not less than quarterly. The time and place of meetings shall be established by the Chair of the Committee, subject to the review of the Committee. Meetings may be conducted telephonically or by video conference so long as such meetings are either recorded and made available to the membership or Voting Members have the ability to dial in and observe live, provided that at least one in-person meeting shall be held per calendar year and may be held following the annual convention. The regular meeting schedule for the year shall be established upon the suggestion of the Chair and approval of the Executive Committee not later than January 30 of the year. Special meetings shall be called at the call of the chair, or the majority of the Executive Committee, with at least seven days’ advance notice, and shall be limited to the subjects contained in the call and agenda. The seven days’ advance notice requirement can be waived, in an emergency, by a 2/3 vote of the Committee.
    4. It shall adopt an operating budget, may amend that budget, approve expenditures not previously budgeted and review the Party’s financial status quarterly. It shall approve all in-kind donations and set the value therefore. The State Party Executive Committee shall be solely responsible for determining and approving any in-kind donation to any affiliate that exceeds, in any calendar year, over $250 in the aggregate.
    5. It is responsible for issuing policy statements on behalf of the Party.
    6. It may 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.
    7. It may appoint any person to non-voting positions on the committee, who shall serve at the pleasure of the Executive Committee.
    8. All decisions of the Executive Committee shall be made by a majority vote of those present unless otherwise specified by this Constitution.
    9. 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.
    10. A quorum, which shall consist of at least 50.1% of the membership of the Executive Committee, must be present for an Executive Committee to conduct official business.
    11. The assignment of specific duties to the At-Large Representatives shall be made by the Executive Committee.
    12. Minutes shall be taken at all Executive Committee meetings with a summary of major actions made transparent and available to Voting Members.
    13. 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 (e-mail is permitted), 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;
  6. 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. No person may be considered for any position on any Executive Committee, who does not meet the eligibility requirements in this section.
  3. No person may serve on more than two Executive Committees within the Party, except as the representative from an affiliate Party on the Executive Committee of the chartering Party, as defined in this document. Starting at the close of the State Party Annual Convention held in 2018, 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 (including by electronic mail) of fifteen (15) percent of all Voting Members of that Party, and by mailed, electronic, or other certified vote of no less than three-fifths (3/5ths) 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. Notwithstanding any other provision, in the event that a recall petition fails, a subsequent recall petition may not be lodged within one year following the failure of the recall petition absent: (i) conviction of a felony that brings discredit upon the party following the failed petition; or (ii) theft or misappropriation of party funds that occurs following the failed petition; or (iii) other serious misconduct, which occurs or is made known after the failed vote.
    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 two-thirds (2/3) of the entire non-vacant Executive Committee of that Party excluding the member in question who must vote affirmatively in favor of recall, and only for cause or neglect of duties. In the event of a recall under this section, the member in question shall be informed of the basis of the recall at least seven days in advance, and shall be permitted to be heard in his or her defense, and to offer any excuse or defense to the entire non-vacant Executive Committee.
    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. Executive Committees must be active and accountable to the membership.

  1. A Party must conduct a business meeting, with adequate notice and open to the public, at least once every 90 days.  Any Executive Committee Chair, or Vice-Chair if the Chair is on a declared leave of absence, who fails to call a business meeting within the specified time shall be immediately recalled from office.
  2. Notwithstanding any other provision, the majority of the members of an Executive Committee (not counting any vacancies or leaves of absence), may call a meeting of the Executive Committee by agreement in writing (including e-mail), prepare an agenda for that meeting, amend the agenda of any other meeting called by the Chair, and otherwise take action as a whole.

Section 6. 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. In the event that the Chair and Vice-Chair shall be recalled or shall otherwise be vacant, the Secretary shall act in the place of the Chair and Vice-Chair.
  3. If for any reason, should the office of any Officer which is not the Chair, on an Executive Committee becomes vacant during a term, the remaining members of that Executive Committee may elect a Party member to fill the vacant position until the next annual convention of the party, at which an election will be held for the office to complete the term of office vacated.
  4. 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, within forty-five (45) days. If they shall fail to do so, the Chartering Party’s Executive Committee shall fill the position, or, at its option, dissolve the affiliate by majority vote. This appointment shall be valid until the next annual convention of the party, at which an election will be held to complete the term of the office vacated.
    2. When the vacancy occurs as a result of dissolution, the Committee of the Chartering Party may appoint a new coordinator.

Section 7. 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 8. Elections

  1. Officers of the State Party and established County Parties, as well as At-Large Representatives of established District Parties, shall be elected by majority vote of the voting members of that Party at Annual Conventions, called in conformance with the requirements of conventions, held in odd-numbered years.
  2. Officers of established District 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 9. Other Committees

  1. Standing Committees
    1. Membership Committee
      1. It shall be chaired by the Vice-Chair.
      2. The Chair shall not serve as an ex-officio member of this Committee or otherwise be appointed to this Committee, but shall be permitted to be present at any of its meetings.
      3. Its membership shall be set by the Executive Committee and is open to any Party member except the Chair, and comprise at least three members.
      4. It is responsible for maintenance of Party membership lists.
      5. It shall conduct periodic membership drives not less than annually.
      6. 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-fifths (3/5) vote of the entire Membership Committee.
    2. Finance Committee
      1. The Finance Committee shall be chaired by the Treasurer of the Party.
      2. The Chair shall not serve as an ex-officio member of this Committee or otherwise be appointed to this Committee, but shall be permitted to be present at any of its meetings.
      3. The members shall be appointed by the Executive Committee of the Party.
      4. Membership is open to any voting member of the Party, except the Chair, and comprise at least three members.
      5. The Finance Committee shall develop the annual budget and submit it to the Executive Committee of the Party for approval.
      6. The Finance Committee is responsible for dues collection 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 no later than 60 days after the annual convention.
      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 Chair shall not serve as an ex-officio member of this Committee or otherwise be appointed to this Committee, but shall be permitted to be present at any of its meetings.
      3. The members of this Committee shall be appointed by the Executive Committee. Membership is open to any Party member, except for the Chair.
      4. This Committee shall draft Convention Rules for adoption by the Executive Committee of the Party. The Convention Rules may: (i) establish deadlines for registration for the convention; (ii) establish or alter Robert’s Rules of Order; (iii) provide for the establishment of a Credentials Committee for the Convention; (iv) establish other general rules to govern the Convention. No convention rules may be adopted that: (i) deprive any Voting Member of a reasonable opportunity to register and participate in the Convention; (ii) deprive the convention body of the ability to ultimately decide matters that come before it, but such rules may govern, generally, procedure and practice; or (iii) otherwise violate specific provisions of this Constitution.
      5. This Committee shall draft proposed 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.
    5. State Party Elections Committee or “Elections Committee”
      1. There shall be only one Elections Committee, the State Party Elections Committee. This committee exists only when the Party is not a qualified “Political Party” entitled to a state funded primary election process under Kentucky law.
      2. The State Elections Committee shall be comprised of five or seven members, at the discretion of the Chair of the State Party Elections Committee.
      3. The Chair of the State Party Elections Committee shall be the State Party Executive Committee Secretary. The chair of this committee may break any tie vote within the committee.
      4. The Vice-Chair of the State Party Elections Committee shall be the State Party Executive Committee Vice-Chair. The Vice-Chair shall be responsible for engaging all Libertarians in Kentucky.
      5. If at least three District Parties have secretaries in good standing, two of the members of the State Party Elections Committee shall be District Party Secretaries, selected by the State Party Executive Committee Secretary from among the District Secretaries; otherwise, these appointees shall be made by the State Party Executive Committee Secretary by giving notice of the appointment to the State Party Executive Committee, subject to the disapproval of the State Party Executive Committee, who may disapprove the appointment by the required three-fifths (3/5) vote within thirty days of the notice. These members may be removed and replaced by the State Party Executive Committee Secretary for cause, neglect of duties, if they cease to hold office as a Secretary of a District Party, if they no longer are Voting Members, or absenteeism.
      6. The State Party Executive Committee Secretary shall also be entitled to appoint one or three additional members (depending on the size of the Committee), by giving notice of the appointment to the State Party Executive Committee, who may disapprove the appointment by the required three-fifths (3/5) vote within thirty days of the notice. These members may be removed and replaced by the State Party Executive Committee Secretary for cause, neglect of duties, if they no longer are Voting Members, or absenteeism. In no event shall the Chair of the State Party Executive Committee be appointed to this Committee.
      7. A Secretary for the Committee shall be elected from among the remaining committee members. The secretary shall document and publish all votes.
      8. A Treasurer shall be elected from those voting members of the committee who do not already hold another position on the committee. They shall be responsible for preparing and presenting a budget to conduct the election, and for accounting for any cash bonds posted by candidates. Any such budget or expenses shall be presented to the State Party Executive Committee for approval or amendment.
      9. The committee may employ outside consultants to facilitate their duties, but those consultants are not voting members of the committee.
      10. The State Party Elections Committee shall be responsible for developing inclusive and fair rules and regulations for the conduct of primary elections for candidates seeking political office as Libertarians.
      11. In no event shall a member of the State Party Elections Committee be permitted to stand for office or be a candidate for office in a primary election run by the State Party Elections Committee.
      12. The proposed rules, except for Emergency Rules, shall be enacted not later than January 15 of a given year to govern elections for that year. Once passed, rules shall be transmitted to the State Party Executive Committee, which shall have the ability, within thirty days of the transmission of the rules, to disapprove any particular rule or part of a rule that constitutes one subject matter, by a three-fifths (3/5) vote. Any enacted rule is subject to review and recall by the Voting Members of the Party at the State Convention by a three-fifths (3/5) vote, and, if recalled, may not in substance be re-enacted for a period of one year. The Voting Members of the Party at the State Convention, by a three-fifths (3/5) vote may also propose and enact any rule. Emergency Rules may be adopted by the State Party Elections Committee by a four-fifths (4/5) vote, and shall take effect upon the rules passage and transmission to the State Party Executive Committee. The State Party Executive Committee shall have the ability within fourteen (14) days to disapprove any Emergency Rule, by majority vote. Rules shall be in force and effect until and unless disapproved.
      13. The rules for elections shall contain mechanisms for permitting poll watchers and shall conform to the requirements on how to elect candidates in this constitution and the requirements of state law.
      14. The committee shall identify and bring forth any Party rules that conflict with state law, and propose amendments to those rules to rectify those conflicts.
      15. Rules for governing a primary election for the Party and its affiliates shall be codified as and modified within the Libertarian Party of Kentucky Primary Election Manual, which shall be prepared by the Committee. This manual will serve as the master document for all primary elections operated by the Party and its affiliates.
      16. The State Party Elections Committee shall be responsible for overseeing the electoral process and ensuring its integrity.
      17. The State Party Elections Committee may appoint surrogates to operate any part of the primary process, who will report to, and serve at the leisure of, the State Party Elections Committee.
      18. Meetings shall be held at the call of the Chair of this Committee (the State Party Secretary), with at least seven days advance notice, unless waived by a 2/3 vote in the event of an emergency. All actions taken by this committee shall be open to all Voting Members, and meetings shall be advertised, except in an emergency, to encourage electoral transparency; provided, however, that the Committee may close its meetings to the public, for an executive session to discuss, but not act upon: (i) any adjudicatory matter; (ii) pending or proposed litigation; or (iii) to receive privileged legal advice.
      19. Rules may include, without limitations, (1) requirements to post a cash bond in the amount of the filing fee required by the Commonwealth of Kentucky and deadlines for the posting of such bonds, (2) the requirement to file a statement of intent to run in advance of any convention, and may impose deadlines for such filings; (3) limitations on the number of offices a candidate may seek the nomination for; (4) absentee balloting; (5) electronic voting; (6) voter credentialing; (7) creation of standard nominating forms; (8) and any other matter deemed pertinent, germane, or prudent, to the running of fair and inclusive primary elections for candidates seeking political office as Libertarians the Libertarian Party of Kentucky primary process.
  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 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.
  3. Term of Committees
    1. Except as otherwise expressly provided, Members appointed to a Standing Committee shall serve until the next Annual Convention. At that time, the Committee shall give its report as part of regular business, and the Committee shall be vacated of all positions to then be filled as outlined by this Constitution.
    2. All Ad-hoc Committees shall terminate no later than the end of the following Annual Convention. These committees may be re-created by the Executive Committee at any time after the close of the Annual Convention, at the leisure of that Executive Committee, as outlined by this Constitution.

Section 10. Binding Arbitration of Disputes

  1. If any Affiliate Party is unable to internally resolve a question of its rightful powers, duties, leadership, any and all questions under this Constitution or compliance with this Constitution, or legal obligations, the matter shall be submitted to binding arbitration, with the chartering party to be responsible for resolution acting as final arbiter. The decision of the Chartering Party shall be final. This Section shall not govern disputes related to any primary election process for candidates for public office, which is governed under Paragraph B.
  2. Notwithstanding other provision, any disputes or questions arising under this Constitution related to the Libertarian Party of Kentucky primary election process for candidates for office including, without limitation, eligibility or office or voter regulations and eligibility, regardless of whether such nominations are made by a County, District, or the State Party or any part thereof, shall be heard and resolved by the State Party Elections Committee as the binding and final arbitrator for all such disputes.
  3. If the State Party is unable to internally resolve the rightful powers, duties, leadership of the State Party, legal obligations, or any and all questions under this Constitution or compliance with this Constitution by the State Party, or any dispute that arises under this Constitution between the State Party and its members, the matter shall either: (i) be submitted to binding arbitration to an attorney licensed in the Commonwealth of Kentucky, if the Executive Committee of the State Party, by a three-fifths (3/5) vote has a standing agreement, entered into in advance of the dispute in question to so submit such matters, who shall act as final arbiter; or (ii) in the event such an agreement in (i) does not exist, or the attorney determines a conflict of interest exists, then such matters will be submitted to the governing body of the National Party (referred to commonly as the Libertarian National Committee) will be solely responsible for resolution, acting as final arbiter. This Section shall not govern disputes related to any primary election process for candidates for public office, which is governed under Paragraph B.
  4. Except as set forth herein, no matter governing any rightful powers, duties, leadership of the State Party, County Party, District Party, or questions arising relating to the primary elections process for public office, legal obligations, or any and all questions under this Constitution or compliance with this Constitution, or any dispute that arises under this Constitution between the State Party, District Party, County Party, and its members shall be reviewable in any Court, or subject to collateral attack by any third party.

ARTICLE VII: CONVENTIONS

Section 1. Annual Convention

  1. A Party must call at least one convention of all members of that Party annually, known as the “Annual Convention”.
    1. Annual Conventions shall be held, starting in 2018, as follows:
      1. The business of the Annual Convention for the State Party shall be conducted not earlier than the first Saturday in March, and not later than the second Saturday in April, and may optionally include the Sunday immediately following. The Default Date for the Annual Convention for the State Party shall be the second Saturday in March.
      2. The business of the Annual Convention for any chartered District Party shall be conducted not earlier than the first Saturday in February, and not later than the second Saturday in March, and may optionally include the Sunday immediately following. The Default Date for the Annual Convention for the District Party shall be the fourth Saturday in February.
      3. Further, the State Party Elections Committee may call a District Convention for the sole purpose of holding elections for candidates for political office within a District which has no chartered District Party. Such a convention shall be held not earlier than the first Saturday in February, and not later than the second Saturday in March, and may optionally include the Sunday immediately following. The Default Date for the Annual Convention for the District Party shall be the fourth Saturday in February. Alternatively, the State Party Elections Committee may organize such voting at the State Convention, or by absentee or electronic ballot, or by other means, in accordance with its rules.
      4. The business of the Annual Convention for any chartered County Party shall be conducted not earlier than the first Saturday in January, and not later than the third Saturday in February, and may optionally include the Sunday immediately following. The Default Date for the Annual Convention for the County Party shall be the second Saturday in February.
      5. Further, the State Party Elections Committee may call a County Convention for the sole purpose of holding elections for candidates for political office within a County which has no chartered County Party. Such a convention shall be held not earlier than the first Saturday in January, and not later than the third Saturday in February, and may optionally include the Sunday immediately following. The Default Date for the Annual Convention for the County Party shall be the second Saturday in February. Alternatively, the State Party Elections Committee may organize such voting at the District or State Convention, or by absentee or electronic ballot, or by other means, in accordance with its rules.
      6. In the event of inclement weather, in which any competent governmental authority has declared a “snow emergency,” or other weather emergency or Act of God occurrence, any convention set forth herein shall be rescheduled one week, to the following Saturday and optionally the following Sunday at the same location. The notice requirements shall be waived in such instance.
    2. The proposed agenda of an Annual Convention shall include voting for any and all candidates running for political office provided it is an election year within the Commonwealth of Kentucky, within the jurisdiction of the Party and not otherwise in the jurisdiction of an Affiliate Party, during the hours of 4PM – 5PM local time, or as otherwise specified or established in advance by the State Party Elections Committee. The nomination of President and Vice President of the United States shall be reserved, however, to the Libertarian National Committee, Inc., and its bylaws. This portion of the agenda may not be amended except by 5/6ths of the convention body, and only in the event of an emergency rendering voting unable to occur. Any such vote shall be immediately reported to the Elections Committee, which is empowered to take such action as it deems necessary, including scheduling and calling a new election. A suspension of the rules may not be used to circumvent this paragraph’s requirement, and this requirement may not be amended for succeeding Annual Conventions unless by a vote of 5/6ths of the convention body at the State Party Annual Convention.
    3. A business meeting of an Executive Committee shall occur immediately following the close of the Annual Convention for that Party. This meeting shall be listed on the published Annual Convention agenda.
  2. Convention Plan
    1. A Convention Plan is used to document and announce the Annual Convention of a Party. The Convention Plan shall outline the date(s), time(s), location, agenda, convention attendance fees, and the expected income and expenditures related to the convention.
    2. Unless 3/5ths of an Executive Committee of a Party vote otherwise, the Annual Convention of that Party shall be held within the legal boundaries of that Party.
      1. The notice required for announcing a convention to be held out of the political boundaries shall be as follows: in addition to the required minimum time to provide notice outlined in this constitution, add one additional day for every ten miles, or fraction thereof, between the site of the convention and the point closest to the boundary line of that Party.
    3. The Chair of an Executive Committee shall present a Convention Plan for the regular annual convention for the Party to the Executive Committee of that Party (a) no sooner than October 1 and no later than November 1 for a County Party; (b) no sooner than October 15 and no later than November 15 for a District Party; and (c) no sooner than November 1st and no later than the first Saturday in December for the State Party; all in the year preceding the Annual Convention of that Party. Nothing in this section, however, shall prevent the Chair from delegating planning functions to any committee or other person, provided that responsibility for the preparation of the final Convention Plan remains with the Chair. Further, nothing in this section shall prevent the Executive Committee as a whole from preparing and enacting a Convention plan under its collective powers set forth elsewhere in this Constitution.
    4. An Executive Committee may veto any part of the Convention Plan by a vote of 3/5ths of that Executive Committee. In the case of a veto, the Chair shall present a new Convention Plan within 6 days, which does not include any item or detail previously vetoed.
    5. If the Chair of an Executive Committee fails to bring forward a Convention Plan, that is not vetoed in whole or in part, by: (a) the first Saturday in November of the year preceding the convention for a County Party; (b) the third Saturday in November of the year preceding the convention for a District Party; and (c) the first Saturday in December of the year preceding the convention; then: the Executive Committee of that Party shall hold an emergency Executive Committee meeting at 7PM local time on the following Saturday. The agenda of that meeting shall be limited to the creation of a Convention Plan for the Annual Convention of that Party. Each detail shall be decided by Instant Runoff Voting, and such decision must comply with the other requirements listed in this Constitution.
    6. All convention plans by any affiliate party shall be transmitted, upon approval and within three days of that approval, to the Chartering Party Executive Committee, and the State Party Executive Committee Secretary.
    7. In no event shall a Chartering Party be entitled to enact a convention plan that holds a convention on the same date or time as one of its affiliate parties’ conventions, or on a date prior to its affiliate parties’ conventions, provided the Chartering Party had notice of the affiliate party’s convention plan prior to the setting of the Chartering Party’s convention; in no event shall an affiliate party be entitled to enact a convention plan that holds a convention on the same date as its Chartering Party’s convention, or on a date after its Chartering Party’s convention, provided the Chartering Party’s convention was set prior to the affiliate party’s convention.
  3. Conventions must be held annually by the State Party and all Affiliate Parties.
    1. Any Affiliate Party failing to call a convention in accordance with this constitution shall be considered disbanded, or at the option of the State Executive Committee, that its offices are deemed vacant and subject to temporary appointment by the State Executive Committee for the purpose of organizing and calling a convention on the Default Date set forth above. The State Executive Committee, at its discretion, may provide notice of the Affiliate Party of its failure to hold a proper convention, and give the Affiliate Party not more than sixty (60) days to call and hold a proper convention, even if those dates are outside of the limits contained herein; in the event the issue is not corrected within the sixty (60) day period, the State Party Executive Committee shall disband the affiliate party.
    2. If the State Party fails to call its annual convention in accordance with this constitution, the State Party Annual Convention will be held at the Paul Sawyier Public Library in Frankfort, Kentucky, on the second Saturday of March at 10 A.M. Eastern Time.  At such a convention:
      1. All Voting Members of the State Party and all members of the National Party, who are residents of Kentucky, in attendance shall be considered delegates.
      2. The National Party may send a representative to act as the Acting Convention Chair, who may also be responsible for validating eligibility for delegate status, until such time that the convention body elects a Convention Chair from among the delegates.
      3. A convention chair will be elected from among those delegates. The burden of proving eligibility to be a delegate is on the individual seeking to be a delegate.
      4. All Executive Committee and At-Large positions in the State Party shall be declared vacant, and the convention body shall elect a new State Party Executive Committee and at least one At-Large Representative. No person who was a member of the State Party Executive Committee on January 1st of that year will be eligible to be elected to any position within the Party unless it is demonstrated that the member in question took action to bring to a vote an appropriate convention plan, and that vote was defeated by others.
      5. This constitution will not be eligible for amendment without the approval of three-quarters of the delegates at such a convention.

Section 2. Special Convention

  1. Except as otherwise expressly set forth, 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. Alternatively, forty percent (40%) or 10 members of a Party, whichever is greater, may call a Special Convention in writing signed by those members, with notice given to the Chair (if there is one), any chartering party Chair, and the Voting Members of that Party, and with no less than thirty (30) days’ notice to the Voting Members of that Party. No Voting Member shall be permitted to sign more than one such Special Convention for any Party more than once per year; provided that this limitation shall not apply if the convention is not successfully called. A Member called Special Convention shall not be subject to the limitations in Paragraph D.
  3. A Special Convention must be called with a specific purpose or agenda, 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.
  4. Except as otherwise expressly set forth, a Special Convention called by an Executive Committee may not be called more than twice per year.

Section 3. Rules for calling all types of Conventions

  1. Each Party Executive Committee Chair is primarily responsible for calling any and all conventions, for that Party. But nothing in this section shall prevent an Executive Committee as a whole from calling a convention under its collective powers set forth elsewhere in this Constitution, or the Voting Members from calling a Special Convention under the provisions of this Constitution. Notice of a Convention being called shall be provided to the State Party Executive Committee, in writing, at least forty-five days before the convention.
    1. The Party Executive Committee Chair, or the Chair’s designee, shall serve as Chair of that convention unless or until the convention elects another chair.
    2. Except for Conventions where they are a member of the Party in convention, the Party Executive Committee Chair or their surrogate shall have no vote.
  2. Calling a convention
    1. Except where otherwise defined in this Constitution, any convention must be called with at least forty-five (45) days’ notice prior to the convention.
    2. The notice of convention must explain for which Party the convention is being called, and must include the date, time, location, and purpose of the convention being called.
    3. Notice of a convention shall distributed to those within the political boundaries of a Party calling a convention in the following manner:
      1. If practical, a press release shall be sent by any Party holding any type of convention to all media outlets within the relevant area. The press release shall explain the date, time, location, and purpose of the convention being called.
      2. If practical, a convention shall be advertised in any known liberty publications reaching Libertarians in Kentucky, as long as the cost for that advertisement is reasonable and affordable.
      3. In an electronic mailing to members of the Party, and to residents of Kentucky registered to vote as a Libertarian within the political boundaries of the Party, for whom the Party has a valid email address. If technically feasible, posting of such convention on the Party’s website (or the State Party’s website) and any social media page.
      4. Affiliate Parties shall send notice to the Chartering Party, and the State Party shall send notice to the National Party, for publication in any form they see fit.
      5. Any other reasonable means of reaching Libertarians with pertinent information, as determined by the State Party Executive Committee Chair.
      6. The failure or infeasibility of notice, due to technical difficulties not within the control of the Party, shall not invalidate the notice, provided reasonable efforts are made to provide adequate notice.
    4. A Party Executive Committee Chair may additionally employ any reasonable mechanism to inform the public.

Section 4. Participation and Quorum

  1. If State Party Voting Membership is less than 250 Voting Members as of January 1 for the year in question:
    1. All Voting Members of the State Party who live within the political jurisdiction of a Party holding a convention shall be eligible to participate in that convention as a delegate, provided the Party, through its Rules Committee, may establish rules setting deadlines for registration and other reasonable restrictions that do not unduly burden the opportunity to register and participate by Voting Members; provided further, that the State Party Executive Committee by bylaws, may impose a requirement that any such Voting Member be a Voting Member (including that dues be paid and other requirements met) not earlier than fourteen days prior to the convention; any such bylaw to be valid must be imposed not later than January 15 of the year of the convention.
  2. If State Party Membership greater than or equal to 250 Voting Members as of January 1 for the year in question:
    1. All Voting Members of the State Party who live within the political jurisdiction of a Party holding a convention shall be eligible to participate in any District or County convention, provided the Party, through its Rules Committee, may establish rules setting deadlines for registration and other reasonable restrictions that do not unduly burden the opportunity to register and participate by Voting Members; provided that the State Party Executive Committee by bylaws, may impose a requirement that any such Voting Member be a Voting Member (including that dues be paid and other requirements met) not earlier than fourteen days prior to the convention; any such bylaw to be valid must be imposed not later than January 15 of the year of the convention.
    2. Each District Convention shall be responsible for choosing delegates to the State Convention; delegates shall meet the eligibility requirements set forth in the preceding paragraph; the number of delegates that each District Convention shall be entitled to choose will be according to the following formula:
      1. Number of Delegates = PV + VM + RL; where: PV = number of votes cast in the District in last general election for Governor or President in which a Libertarian candidate appeared on the ballot2, divided by the total number of votes cast statewide for that Libertarian candidate, and multiplied by 40; where VM = number of Voting Members in that District as of January 1 of that year, divided by the total number of Voting Members statewide, and multiplied by 40; and where RL = number of registered Libertarian voters in that district, as of January 1 of that year, divided by number of registered Libertarian voters statewide, and multiplied by 40. Any fractions that are below 0.50 shall be rounded down to the nearest whole number, and any fractions that are at or above 0.50 shall be rounded up to the nearest whole number.
      2. In addition, each District may select an equal number of alternate delegates as delegates, who shall be seated at the opening of the state convention in the event that any primary delegate is absent.
      3. In the event that there is no District Executive Committee and State Party Membership is greater than 250 Voting Members, the State Executive Committee shall be responsible for calling an appropriate special District Convention for the selection of delegates to the State Convention and for the nomination of candidates, under the requirements of this Constitution. This shall not count against any limitations for Special Conventions in this Constitution.
  3. Quorum for any convention shall be 45% of the number of delegates who have checked in to the convention.

Section 5. Conduct of Convention

  1. Robert’s Rules of Order, shall govern the conduct of all conventions, except as set forth in this section;
  2. The first order of business shall be the credentialing of all Voting Members to the Convention, which shall be determined in accordance with the rules established for the convention (which may include, by way of example, use of the Membership Committee or a Credentials Committee), and the Elections Committee, insofar as voting for nominations for candidates to public office are concerned;
  3. The second order of business shall be the election of a Convention Chair and Secretary; the Secretary shall keep minutes reflecting actions taken at the convention. The Chair shall be the Executive Committee Chair unless not present, or removed by a three-fifths (3/5) vote of the convention body. The Secretary of the Executive Committee shall be the Secretary of the Convention, unless not present, or removed by a three-fifths (3/5) vote of the convention body, The Chair shall be entitled to employ or utilize a parliamentarian to assist on matters of procedure.
  4. The Party, in Convention, shall have the ability to waive, by three-fifths (3/5) vote, any and all formalities, notice requirements, and legalities related to any question arising under this Constitution, except for questions arising under rules enacted by the Elections Committee for nominations for candidates to public office, which questions are reserved to the Elections Committee, and is encouraged to do so provided such requirements are determined by the Party, in Convention, to be substantially complied with.
  5. Any nomination of candidates shall be as set forth in Article VIII, below, and shall be complied with.

Section 6. National Party Convention Primary Delegates and Alternate Delegates

  1. Delegation Chair
    1. The Delegation Chair shall be the State Party Executive Committee Chair. If the State Party Executive Committee Chair cannot attend the National Party Convention or does not desire to be Delegation Chair, the State Party Executive Committee Vice-Chair shall serve as Delegation Chair; if the State Party Committee Chair and Vice-Chair cannot attend the National Party Convention or do not desire to be Delegation Chair, the State Party Executive Committee Secretary shall serve as Delegation Chair; if the State Party Committee Chair, Vice-Chair, and Secretary cannot attend the National Party Convention or do not desire to be Delegation Chair, the State Party Executive Committee Treasurer shall serve as Delegation Chair.
    2. The Delegation Chair is a Primary Delegate, and shall receive the first Primary Delegate position for the State Party.
    3. If the Delegation Chair does not check-in at the National Party Convention prior to the opening of business (i.e. votes being taken), resigns from the role of Delegation Chair, or leaves the National Party Convention for more than two hours during business, prior to the end of business, the State Party Executive Committee Vice-Chair, and then Secretary, and then the Treasurer, respectively, shall serve as Delegation Chair; if the State Party Executive Committee Vice-Chair, Secretary, and Treasurer are not present, the remaining seated Primary Delegates present shall elect a Delegation Chair from among the Primary Delegates. If no Primary Delegates are seated, then the Alternate Delegates who are members of the State Party may elect new Primary Delegates from amongst themselves, and then follow this procedure to elect a new Delegation Chair.
    4. The Delegation Chair may fill vacant Alternate Delegate positions not earlier than one hour prior to the opening of the National Party Convention. Priority shall be assigned as follows: Voting 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, then members of the National Party who live within the same region and are participants in a regional agreement with Kentucky and provide a similar preference for Kentucky delegates, and finally to members of the National Party who live outside of Kentucky.
    5. The Delegation Chair shall be responsible for filling vacant Primary Delegate positions after the opening of the National Party Convention, with the agreement of either the State Party Executive Committee Vice-Chair, if present or the State Party Executive Committee Secretary, if present. In the event such agreement cannot be had, then it shall be submitted to a majority vote of the Primary Delegates. Priority shall be assigned in order of the list of Alternate Delegates elected at convention, except as otherwise outlined by this constitution.
    6. When applicable, the Delegation Chair shall be responsible for ensuring all paperwork necessary for filing Libertarian Party candidates for President and Vice-President is completed while on-site at the National Party Convention, and shall promptly deliver that paperwork to the State Party Executive Committee Secretary.
  2. Primary Delegates, other than the Delegation Chair, and Alternate Delegates to the National Party Convention shall be nominated from the floor and elected at the State Party Annual Convention preceding the National Party Convention. As a result of these elections, a list of Primary Delegates and a list of Alternate Delegates shall be created in order of election. Any vacancies in the list of Primary Delegates or Alternate Delegates which exist after the State Party Annual Convention up to seventy-two hours prior to the opening of the National Party Convention may be filled by appointment by a majority vote of the State Party Executive Committee. Primary and Alternate Delegates may be required to check in with either the credentials committee for the convention, or the Delegation Chair at least two hours prior to the opening of business at the National Party Convention, or have their seats vacated; if this requirement is imposed, it shall be communicated at least seven days in advance of the convention to each delegate.
  3. The Primary Delegates:
    1. The maximum number of Primary Delegates is determined by the National Party.
    2. Primary Delegates shall attend the National Party convention and vote on questions and elections presented there.
    3. Primary Delegates shall 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.
    4. If any Primary Delegate does not check-in as a delegate prior to the opening of the first business session (i.e. where a vote is taken) of the National Party Convention, or is absent from the National Party Convention outside of a recess for a period greater than three hours, then the position held by that Primary Delegate shall be considered vacant. The removed Primary Delegate shall be made into an Alternate Delegate and placed as the first Alternate Delegate on the list of Alternate Delegates after all vacant Primary Delegate seats have been filled.
    5. Any Primary Delegate who resigns their position during the National Party Convention shall be moved to the end of the list of Alternate Delegates.
  4. The Alternate Delegates to the National Party Convention:
    1. The maximum number of Alternate Delegates shall be twice the maximum number of Primary Delegates, or 50 Alternate Delegates; whichever is fewer.
    2. Alternate Delegates shall attend the National Party convention and remain in regular contact with the Delegation Chair.
    3. Alternate Delegates shall, according to order of election unless otherwise specified by this document, fill any vacancy in the position of Primary Delegate who is not able to attend the National Party convention.
    4. Any Alternate Delegate called upon to become a Primary Delegate during the National Party Convention, who is unavailable within thirty minutes of the time at which they are called upon for such purpose, shall be moved to the end of the list of Alternate Delegates.
    5. Any Alternate Delegate who resigns their position before or during the National Party Convention shall be removed from the list of Alternate Delegates.

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. Such qualifications include the filing by the candidate of the statement of candidacy form where required by law (for all offices other than federal offices candidates for mayor or city council or commission), required by K.R.S. 118.367 not later than April 1 of the year in which the candidate seeks office, with the applicable authority (i.e. Kentucky Secretary of State for statewide office, or for any office that represents more than one county, or the County Clerk for any office whose district or area represented constitutes only one county). Such qualifications shall also include filing the statements of candidacy required by K.R.S. 118.325(3) and K.R.S. 118.365(3), with the same authority, within the timeframe required in K.R.S. 118.365(3). In the event that nominating conventions occur prior to the deadlines set forth above, the Elections Committee has the option to require the candidate to comply with the requirements prior to the nominating convention, or a reasonable time after it; similarly, in the event that state law changes, the Elections Committee shall be entitled to conform its rules to the requirements of state law.
  2. The State Elections Committee may impose such other rules and requirements for candidates, their eligibility, voter eligibility and anti-fraud measures, and to the voting process, as it deems appropriate or necessary.
  3. Anyone entitled to vote for a candidate for a particular office shall be permitted to challenge the bona fides of the candidate being legally qualified to run for and hold the office being sought, in accordance with the procedures established by the Elections Committee.
  4. State, District, and County Parties are authorized to make nominations as follows:
    1. A County Party may nominate candidates for County offices and for the offices of any Cities within the geographical limits of the county, provided that only those Voting Members living within the geographical limits of the city shall be permitted to vote in city nominating races.
      1. Valid votes cast by absentee ballot, if permitted by, and in conformance by the rules set forth by the State Elections Committee, shall be certified to the County Chair and Secretary, by the State Elections Committee, prior to or during the convention but prior to final vote tallying at the Convention, and shall be added to the results and counted as if cast at the convention.
      2. In the event a city’s boundaries occur in more than one county, the county in which the majority of the city’s population lies shall hold elections for those city offices and in that event, any qualified libertarian voter living within that city may participate in that election, regardless of which county they live in.
    2. A District Party may nominate candidates for:
      1. the office of the Representative to the U.S. House of Representatives, for that District;
      2. the offices of the State, including State Representative and State Senator, representing areas within the geographical limits of the District;
      3. the offices of Counties within the District that do not have a County Party, provided that only those Voting Members living within the geographical limits of the County shall be permitted to vote in the nominating races for that particular County; and
      4. the offices of Cities within the District that are without a County Party, provided that only those Voting Members living within the geographical limits of the city shall be permitted to vote in city nominating races.
      5. In the event that State Party Voting Membership is greater than or equal to 250 members as of January 1 in the year in which voting is to occur:
        1. Voting but not nomination, shall occur at the District Convention for any State-wide federal or state offices, or Presidential preference voting; and shall likewise occur for offices that do not fall entirely within the geographic limits of a District having a Party, provided that only those Voting Members living within the geographical limits that the office represents shall be permitted to vote in the nominating races for that particular County. The results of these races shall be certified in writing (e-mail is acceptable) by the Convention Chair, to the State Elections Committee.
      6. Valid votes cast by absentee ballot, if permitted by, and in conformance by the rules set forth by the State Elections Committee, shall be certified to the District Chair and Secretary, by the State Elections Committee, prior to or during the convention but prior to final vote tallying at the Convention, and shall be added to the results and counted as if cast at the convention.
      7. In the event that there is no chartered District Party, the State Party Elections Committee may call a District Convention for the purpose of conducting nominations under this section, and this shall not count against any limitations for Special Conventions.
    3. 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, provided that only those Voting Members living within the geographical limits that the office represents shall be permitted to vote in the nominating races for that particular office;
      3. in a District without a Party, the nomination for offices that a District Party would be authorized to make;
      4. any State or local offices that do not fall within the nominating jurisdiction of any other Party as set forth in this Section;
      5. may make nomination to any other office, which has not been nominated by a County, or District Party at its convention, provided a majority of the delegates in attendance desire to make such a nomination; and
      6. may also make any other nomination for an office, upon the request of the State Party Elections Committee to make such nomination in advance of, or at, the convention.
      7. Valid votes cast by absentee ballot, if permitted by, and in conformance by the rules set forth by the State Elections Committee, shall be certified to the State Executive Committee Chair and State Executive Committee Secretary, by the State Elections Committee, prior to or during the convention but prior to final vote tallying at the Convention, and shall be added to the results and counted as if cast at the convention.

Section 2. Eligibility to Vote – Nomination of Candidates

  1. Any persons who are registered to vote in Kentucky and: (i) are Voting Members of the State Party allowed to vote under rules set forth by the Elections Committee, which shall not be made more stringent after January 1 of the year in question; or (2) are registered to vote as a Libertarian as of January 1 of that calendar year, shall be permitted to vote for candidates that will represent them if elected.
  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 Elections Committee to verify that a person who has been challenged is legally registered to vote in Kentucky and/or is a Voting Member of the State Party meeting the rules established by the Elections Committee.

Section 3. Candidate Election

  1. Form of Ballots
    1. All balloting shall be done by the authorized voters present and voting, provided, however, that the State Elections Committee, shall also be entitled to institute an absentee or electronic ballot system through its rules whereby ballots are also counted at convention that are cast in accordance with the system and rules established by the State Elections Committee. All cast ballots shall be preserved by the Secretary for a period of 30 days after the close of the convention. All in person balloting shall be by secret ballot, and, to the extent reasonably practical, absentee balloting as well.
    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 Elections Committee and in accordance with its rules.
    2. The Secretary may opt to enlist other volunteers in accordance with the rules of the Elections Committee, and make use of technology as approved by the Elections Committee, 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, and candidates losing to NOTA may not be re-nominated at that convention.
    4. The results of all elections shall be transmitted to the State Elections Committee within twenty-four hours of the close of the convention, for certification as provided herein. The Convention Chair and Secretary shall ensure that the following information is transmitted for each candidate nominated at convention: (1) the name of the person nominated (as it will appear on the ballot); (2) his or her residence; (3) the office to which he or she is nominated; and (4) the name of the party (Libertarian Party).
  3. After the Annual Convention, one or more Executive Committee conventions (and an Executive Committee may hold as many such conventions as it deems appropriate, notwithstanding any other limitations in this Constitution) may be called by the State Elections Committee, with such convention and the persons entitled to vote to be comprised of the Executive Committee in question, for the purpose of nominating 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. These conventions need not comply with the requirements of Article VII, but a majority of the Executive Committee at issue shall constitute a quorum, and a majority vote of those attending shall be sufficient to nominate any candidate. Any such nominations shall be transmitted to the State Elections Committee within twenty-four hours of the nomination, for certification as provided herein. The Executive Committee Convention Chair and Convention Secretary shall ensure that the following information is transmitted for each candidate nominated to the State Executive Committee Chair and Secretary: (1) the name of the person nominated (as it will appear on the ballot); (2) his or her residence; (3) the office to which he or she is nominated; and (4) the name of the party (Libertarian Party).

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 (Monday to Friday excluding federal holidays) of the nomination of that candidate, and must be made in writing by a voter entitled to vote under Section 2 of this Article, who was otherwise entitled to vote for that office, to the State Elections Committee. The State Elections Committee may impose, by rule, a reasonable fee for lodging such challenge. Further, any two members of the Executive Committee of the State Party shall further be entitled to raise a challenge under this section, and any such challenge from a member of the State Party Executive Committee, may occur until the first Monday in August.
    1. The Elections Committee shall make a determination on 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 Elections Committee shall review the challenge, and is empowered to resolve any challenge in any way they deem appropriate. A ruling on any challenge must be made within seven (7) days of the date the challenge was transmitted to the Elections Committee. Any such challenge may be sustained by a three-fifths (3/5) vote of the State Elections Committee, and, if so sustained, shall be treated as if no nomination occurred.
  2. The results of the nomination will be considered certified after the expiration of the period allotted 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 Elections Committee issues a ruling on the challenge.
  3. If an Executive Committee convention fills a vacancy for political office, that Party must follow the rules outlined by this Constitution, but such nomination may not be otherwise challenged except as set forth above. Any such nominations shall be transmitted to the State Elections Committee within twenty-four hours of the nomination, for certification as provided herein.
  4. Once authorized by the Secretary of the Executive Committee of the State party, the Secretary of the Convention shall prepare the certificate of nomination, which shall be in writing, and shall contain (1) the name of the person nominated (as it will appear on the ballot); (2) his or her residence; (3) the office to which he or she is nominated; (4) the name of the party (Libertarian Party); and (5) the simple figure or device for the party to be designated on voting machines for the party. The certificate of nomination shall be acknowledged, under oath, by an officer duly authorized to administer oaths, by the Secretary of the Convention and the Chair of the convention, along with the place of residence of the Secretary of the Convention and the Chair of the convention. The certificate of nomination shall be prepared, acknowledged under oath and otherwise completed as required in this section, and delivered, to the candidate who was nominated within seven days of the authorization by the Secretary of the Executive Committee of the State party to the Secretary of the Convention, and a copy sent to the Secretary of the Executive Committee of the State Party. It is the responsibility of the candidate to arrange filing and the payment of filing fees, with the responsible authority (i.e. the Secretary of State, or County Clerk, as applicable).
  5. Notwithstanding any other provision, it remains the province of the State Elections Committee to waive any formalities or technicalities of this Constitution or the rules of the State Elections Committee that do not, in its judgment, have a material effect on the outcome of any given election. Further, notwithstanding any other provision, any sections of this Constitution, that do not adhere to state law, and otherwise prevent the nomination of candidates and their placement on the ballot, may be waived by the State Elections Committee, upon the advice of counsel of such conflict, by a four-fifths (4/5) vote and immediate notification to the State Party Executive Committee at least twenty-four hours’ notice before taking such vote, and immediate notification after such vote, which is subject to review by the State Party Executive Committee within thirty (30) days of such action, which may be rescinded by majority vote of the State Party Executive Committee.

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: (1) by no less than a vote of three-fifths (3/5) of the Voting Members of the State Party who are present and voting 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 (2) by a vote of: (i) not less than three-quarters (3/4) of the members of the sitting State Party Executive Committee; and (ii) no amendment to this Constitution may be made by the State Party Executive Committee, except upon the vote of four-fifths (4/5) of its members, within the period of sixty days prior to, or sixty days after the State Party Annual Convention or any State Party Special Convention; (iii) the State Party Executive Committee shall not be entitled to enact any amendment that was rejected by the Voting Members of the State Party at the preceding State Party Annual Convention or State Party Special Convention, within one year of that rejection.
  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.
  3. Rules of the Elections Committee, duly enacted, and until reversed or repealed, shall supersede any bylaws, and shall be binding upon the State Party and all affiliates insofar as the primary election process and nomination of candidates to office are concerned.

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, 11th Edition.”

Adopted at convention on February 27th, 2010.
Last revised at annual convention on June 24, 2017.

1For instance, the Libertarian Party of Kentucky, Second District would not be authorized to utilize this provision to affiliate the Warren County Party, appoint officers, and then disaffiliate the Warren County Party at the end of nine months and then re-appoint and re-charter the Warren County Party, avoiding the requirement to hold a convention and have that convention elect officers. It would, however, be permitted to use this section to charter and appoint officers to the Warren County Libertarian Party, and then use it again to charter and appoint officers to the Butler County Libertarian Party.

2By way of explanation, the last General Election is counted. For instance, if, in 2019, no Libertarian Candidate runs for Governor, then, in 2020, the 2016 Presidential race shall be counted; however, if the party fields a Gubernatorial candidate in 2019, then, in 2020, the 2019 Governor’s race shall count. The “District” for purposes of this section and equation for counties that fall in more than one District, shall be counted and calculated solely in the District in which the county participates in its elections and is organized.

BYLAWS OF THE LIBERTARIAN PARTY OF KENTUCKY

Adopted by the State Executive Committee: September 14th, 2017

TABLE OF CONTENTS:

 

050 – Applicability of these Bylaws        4

100 – Membership Levels and Benefits        4

100.1 – Lifetime Membership        4

100.2 – Haym Salomon Membership        5

100.3 – 1798 Resolution Club        5

100.4 – Thomas Jefferson Membership        5

100.5 – Patrick Henry Membership        5

100.6 –Dues Paying Member        5

100.7 – Qualified or specific purpose donations        6

100.8        Requirement to be Member 14 days prior to a Convention (Art. VII Const)        6

100.9        In-Kind Donations and Valuations, approvals in advance        6

100.10        – Withdrawal of Membership        6

100.11        – Allocation of Membership dues and financial contributions as between the State Party, District Parties, and County Parties        6

100.12        – Membership disputes        7

100.13        – Lapsed Memberships        7

200 – Ethics, Nepotism, and Conflicts of Interest        8

200.1 – General Ethics        9

200.2 – Voting as an Officer of the Party        10

200.3 – Conduct as a Delegate        10

200.4 – Additional Nepotism provisions        11

200.5 – Additional Conflict of Interest provisions        11

300 – Party Records and meetings to be open to Members        12

300.1 – Open records provisions regarding members; exceptions        12

300.2 – Party to conduct its meetings transparently; exceptions        14

400 – Financial Controls, Approvals, and Party Assets        15

400.1 – Budget process and procedure; expenditures in accordance with budget        15

400.2 – Expenses to be approved in advance; exceptions        16

400.3 – Dual control requirements        17

400.4 – In-kind donations        17

400.5 – Party Assets        17

500 – Endorsement of candidates, political contributions to candidates, and issues campaigns, press releases        18

500.1        No endorsements in Partisan Primary Elections; exceptions        18

500.2   Political contributions to candidates        19

500.3        Issues campaigns        19

500.4   Press Releases        19

600 – Recall procedure        19

600.1        Petitions for recall, initiated by members        19

600.2        Recall by Executive Committee        20

700 – National Committee Regional Representation        21

700.1        Regional Agreements        21

800 – Party Meetings, Electronic Voting, Minutes, and Affiliation Matters        21

800.1  Meetings and Electronic Voting        21

800.2  Failure to have meetings        22

800.3  Minutes        23

800.4  Affiliation matters        23

900 – Default standing convention rules        25

900.1        – General Provision        25

900.2        Delegates and Credentialing        25

900.3        Registration for the Convention        25

900.4   Verification of Delegates        26

900.5        Opening of the Convention, Presentation of the Report of the Credentials Committee and amendments thereto, and Adoption of Rules        27

900.6 – General Convention Rules        28

1000 – Information Technology Policies        31

1000.1        Official E-mail usage        31

1000.2        Social Media        33

1000.3         Website        34

1000.4         Telephony services        34

1000.5        Customer Relationship Management (CRM)        34

1000.6        Policy Compliance        34

1100 – Committee Referrals and Recommendations, Bylaws and Constitutional  Amendments        35

1100.1        – General Provision        35

1100.2        Recommended changes to bylaws        35

1100.3        Recommended Constitutional changes        36

1100.4        Other Committee referrals        37

1200 – Miscellaneous        38

1200.1        Waiver of bylaw requirements.        38

 

 

 

2050 – Applicability of these Bylaws

 

        These bylaws shall be applicable to the Libertarian Party of Kentucky, all of its District affiliates, and all of its County affiliates, unless a particular bylaw specifically indicates otherwise.  These bylaws shall be effective upon their adoption by the State Executive Committee.  Any and all disputes, rights, or privileges regarding these bylaws shall be determined by the State Party Executive Committee, whose decisions are final.  These bylaws are subject to change and revision, by the State Party Executive Committee.  Any and all bylaws, policies, or procedures of the Libertarian Party of Kentucky adopted prior to the date of these bylaws, are hereby rescinded.

3100 – Membership Levels and Benefits

 

        Membership, or voting membership, in the Libertarian Party of Kentucky shall only be conferred as provided in these bylaws.  No membership shall be conferred, waived, or granted, by any affiliate or officer, except as specifically set forth in these bylaws.  Any memberships that were purported to be granted in the past, except as set for explicitly herein, are invalid and of no force and effect.

In an effort to standardize memberships and to make tracking and accounting for membership easier (and to assist the Membership Committee in providing notices), membership shall run and be calculated on a calendar month basis, and shall expire at the end of the month following the one-year anniversary of the last payment.  Thus, an annual membership that is paid for on March 10, 2017 shall expire March 31, 2018.  

These bylaws address the levels of membership and dues required therefore, but for membership to be conferred, the requirements to make the pledge and other requirements of Article V of the Constitution of the Libertarian Party of Kentucky must also be satisfied.

3.1        100.1 – Lifetime Membership

 

        Lifetime Members shall consist of those persons who make annual (or one time) donations to the Libertarian Party of Kentucky that equal or exceed $2,500.  Lifetime Members shall also be granted 1798 Resolutions Club status for the first ten years following their Lifetime Membership donation.  Any such members shall be recognized in any credentials package for any state convention.  Lifetime membership shall only be granted following a cash (not in-kind) donation in the amounts stated herein.  Once granted, Lifetime Members shall not be required to donate any further amounts to remain voting members of the party for the remainder of their lives.  Life Membership is non-transferrable.  Any increases in the lifetime membership amount in question by the Executive Committee, shall not affect the membership status once granted.

 

3.2100.2 – Haym Salomon Membership

 

        Haym Salomon Membership shall consist of those persons who have donated at least $500 to the Libertarian Party of Kentucky in the past 12 months.  Haym Salomon Members shall also be granted 1798 Resolutions Club status for two years following their attainment of Haym Salomon membership.  Any such members shall be recognized in any credentials package for any state convention, and receive free admission to the state convention.

3.3100.3 – 1798 Resolution Club

 

        The 1798 Resolution Club shall consist of those members who pledge and commit to donate at least $17.98 per month ($215.76 per year) to the Libertarian Party of Kentucky.  The yearly amount may be donated yearly, quarterly, or monthly.  Membership in the 1798 Resolutions Club shall be effective only after the sixth month of donation, or the donation of $107.98.  Any such members shall be recognized in any credentials package for any state convention and shall be invited to the 1798 Dinner, held prior to the state convention, each year.  Further, provided they have had a full year of dues in the club, they shall receive free admission to the state convention.  Status as a member of the 1798 Resolutions Club shall terminate upon cancellation of payments, but a member shall remain a Dues Paying Member for up to 12 months following their last payment of $17.98 or more, if they have donated an amount equal to or more than the amount required to be a Dues Paying Member.

3.4100.4 – Thomas Jefferson Membership

 

        Thomas Jefferson Membership shall consist of those persons who donate at least $150 to the Libertarian Party of Kentucky.  Thomas Jefferson Membership shall be conferred after the donation of $150.  Any such members shall be recognized in any credentials package for any state convention and receive free admission to the state convention.

3.5100.5 – Patrick Henry Membership

 

        Patrick Henry membership shall consist of those members who have donated at least $100 per year to the Libertarian Party of Kentucky.  Patrick Henry Membership shall be conferred after the donation of $100.  Any such members shall be recognized in any credentials package for any state convention and receive a 25% discount on their state convention fee, rounded to the next highest dollar.

3.6100.6 –Dues Paying Member

 

        A dues paying, or Voting Member, is a person who, within the past 12 months, has contributed $30 per year, or more, to the Libertarian Party of Kentucky.

 

3.7100.7 – Qualified or specific purpose donations

 

          If a donation is made to participate in any convention, or earmarked by the donor for a particular project, the donor shall not be recognized as having fulfilled any form of annual dues for such donation.  This shall not be construed as limiting the ability of the Executive Committee of the State Party to grant membership for an in-kind or other kind of donation.

    1. 100.8Requirement to be Member 14 days prior to a Convention (Art. VII Const) 

 

 In accordance with Article VII, Section 4 of the Constitution, the requirement is adopted that a voting member must be in good standing (including that dues be paid and other requirements of Article V of the Constitution be met) at least 14 days in advance of any state convention to participate as a voting member in that convention.  District and county parties are hereby authorized to adopt a similar bylaw for their parties if they choose, by adopting the bylaw and giving notice to the State Secretary that the bylaw has been adopted.

    1.  

    1. 100.9In-Kind Donations and Valuations, approvals in advance 

 

In-kind donations, to count for purposes of Membership, must be approved by the State Executive Committee in advance of the expense, or service rendered.  In-Kind donations, in lieu of dues, may only be approved by the State Executive Committee, and shall only be recognized for basic, or normal dues paying member status.  In no event shall after-the-fact in-kind donations, or services, be permitted to count for purposes of membership that has not been approved in advance.  In no event shall such memberships be approved for anyone who is a member of the State Executive Committee, or to a member of a District Executive Committee.

    1. 100.10 Withdrawal of Membership 

 

Any Voting Member may withdraw their membership in the Libertarian Party of Kentucky by transmitting to any officer of the Executive Committee of the state party, in any medium, a written statement of resignation or withdrawal.  Notice of the resignation shall be forwarded to the entire Executive Committee and be included in the next Membership Committee report.

    1. 100.11Allocation of Membership dues and financial contributions as between the State Party, District Parties, and County Parties 

 

100.11.1 – Default Allocations

Donations, for dues, up to the first $75, shall be allocated as follows, unless otherwise directed by the donor:

  1. i.For a donation given by a donor who lives in an area without an affiliated District Party, or for a donor who lives outside the state, the entirety of the donation shall remain with the State Party. 

 

  1. ii.For a donation given by a donor who lives in an area with an affiliated District Party, but with no affiliated County Party: 

    1. a.50% to the State Party, and 50% to the District Party, provided either: (1) the District Party consists of one county or has no additional counties that can be chartered; or (2) the District Party has chartered at least one county party, and has net growth of at least one additional county party in the prior calendar year; or 

    2. b.Otherwise, 66.67% to the State Party, and 33.33% to the District Party. 

 

  1. iii.For a donation given by a donor who lives in an area with an affiliated District Party and an affiliated County Party, 33.3% to the State Party, 40% to the District Party, and 26.67% to the County Party. 

 

  1. iv.Any amounts in excess of $75 shall be retained by the State Party. 

100.11.2 – Donor Requested Allocations

A donor may request a different disbursement formula, however, if in the use of that formula a donor deprives the State Party, a District Party, or a County Party the amount to which they would otherwise be entitled from the donation of annual dues at the level of a Dues Paying Member, then the donation shall not be considered toward annual dues for any party.

 

Nevertheless, for enhanced membership levels, the following minimum donation amounts to the State Party must be met in the applicable period of time, in order to be recognized and receive the benefits accorded with those membership levels: (1) Life Membership: $1,500; (2) 1798 Resolutions: $125 annually; Haym Solomon: $250; (3) Thomas Jefferson: $85; (4) Patrick Henry: $50.

 

100.11.3 – Distribution to Affiliate Parties

 

Distribution shall be made to affiliates in good standing with the Kentucky Registry of Election Finance on a quarterly basis, within 30 days after the close of each quarter.  In the event a party is not in good standing with the Kentucky Registry of Election Finance, the State Party Treasurer shall notify the party in question of this fact as being the reason they are not receiving their distribution.  Any such funds shall be held aside by the State Party Treasurer, and if the affiliate comes into compliance within 30 days of the notification, they shall be distributed to the affiliate.  Otherwise, the funds shall be retained by the State Party.

 

    1. 100.12Membership disputes 

 

Any and all disputes over the validity of a particular member’s membership shall be determined by the State Executive Committee, following a recommendation of the State Party Membership Committee by a 3/5 vote as provided in the State Party Constitution.

 

    1. 100.13Lapsed Memberships 

 

100.13.1        The State Party Membership Committee shall provide notification of expiration to all Voting Members at least 28 days, and not more than 93 days, prior to their memberships lapsing or expiring; they shall also notify via electronic mail, the District Vice Chair (if one exists) for any such member, if one exists, so that the local affiliates can also attempt to rectify the issue.  Records shall be kept of that notification for a period of one year.  This notification shall be made via electronic mail (if one is available) and may also be made via letter or postcard.

100.13.2        Following the expiration of membership of any officer (including at-large members) of the state party, or the officer any affiliate, the State Party Membership committee will notify that person that their membership has lapsed, and that they must renew, within 30 days of the notice, or be automatically recalled from office.  This notification shall be made via electronic mail (if one is available) and may also be made via letter or postcard.

100.13.3        Fourteen days after the notice is sent as provided in 100.13.2, if the issue is not corrected, the State Party Membership committee will notify: (i) the Executive Committee Chair on which the officer in question serves, by electronic mail; and (ii) the State Party Secretary, of the officer’s lapsed membership, the failure to correct the issue despite notice, and the impending automatic recall.  Following the expiration of the 30-day period from the notice set forth in 100.13.2, the State Party Vice Chair shall transmit notification of the automatic recall to the member in question, to the State Party Secretary, and to the Executive Committee on which the officer in question serves, by electronic mail, at which point the person shall be recalled from office.

100.13.4        Any member shall be entitled to contest the determination of the State Party Membership Committee regarding membership at the next meeting of the State Party Executive Committee by providing notification to the State Party Secretary of their intent to contest the determination in writing (including by e-mail), who shall promptly transmit the request (and any details provided) to the remainder of the Executive Committee.  A special meeting may be called if necessary for this purpose.

4200 – Ethics, Nepotism, and Conflicts of Interest

 

        All officers will conduct themselves in an ethical manner.  These Ethics provisions are adopted to ensure appropriate behavior as well as the appearance of appropriate behavior.  Violation of this Code of Ethics, particularly intentional violations, shall be cause for recall of any officer, or other appropriate discipline.  The following definitions apply to this section:

        “Anything of value” includes the following: 1. A pecuniary item, including money, or a bank bill or note; 2. A promissory note, bill of exchange, order, draft, warrant, check, or bond given for the payment of money; 3. A contract, agreement, promise, or other obligation for an advance, conveyance, forgiveness of indebtedness, deposit, distribution, loan, payment, gift, pledge, or transfer of money; 4. A stock, bond, note, or other investment interest in an entity; 5. A receipt given for the payment of money or other property; 6. A right in action; 7. A gift, tangible good, chattel, or an interest in a gift, tangible good, or chattel; 8. A loan or forgiveness of indebtedness; 9. A work of art, antique, or collectible; 10. An automobile or other means of personal transportation; 11. Real property or an interest in real property, including title to realty; a fee simple or partial interest, present or future, contingent or vested, within realty; a leasehold interest; or other beneficial interest in realty; 12. A rebate or discount in the price of anything of value unless the rebate or discount is made in the ordinary course of business to a member of the public without regard to that person’s status; or 13. A promise or offer of employment.

        “Family Member” shall include the person, his or her spouse, child, father, mother, sister, brother, sister-in-law, brother-in-law, father-in-law, mother-in-law, uncle, aunt, niece, nephew, child, step-child, grandparent, grandchild, first cousin, and persons in any form of cohabitation arrangement or sexual relationship.

        “Officer” shall include any member of an Executive Committee of the Libertarian Party of Kentucky (including at-large members), any member of any Executive Committee of any affiliate (including District and County affiliates), and any member or appointee of any committee of the Libertarian Party of Kentucky or any member or appointee of any committee of any affiliate of the Libertarian Party of Kentucky (including District and County affiliates).

4.1200.1 – General Ethics

 

        An Officer, by himself or herself or through others, shall not intentionally or recklessly:

 

200.1.1   Use or attempt to use his or her influence as an Officer in any matter which involves a substantial conflict between his or her personal interest and his or her duties in the discharge of his office.

 

200.1.2   Use his or her official position or office to obtain financial gain for himself or herself, any Family Member, or a business associate of the Officer; nothing in this section shall prevent arm’s length providing of services to the party if the Officer in question recuses himself or herself from any deliberation or vote on the matter on behalf of the party or approval of expenses or compensation approved by an Executive Committee.

 

200.1.3    Use or attempt to use his or her official position as an Officer to secure or create privileges, exemptions, advantages, or treatment for himself or herself or others in direct contravention of the interest of the party.

 

200.1.4    Use party funds, time, or personnel for his or her private gain or that of a Family Member; this provision shall not prohibit arm’s length providing of services to the party if the Officer in question recuses himself or herself from any deliberation or vote on the matter on behalf of the party;

 

200.1.5   A party Officer shall not knowingly accept compensation, other than that explicitly authorized by an executive committee (and in which the officer recuses himself or herself from any discussion or vote), for performance of his or her duties.

200.1.6 A party Officer shall not solicit, accept, or agree to accept anything of value in exchange for the performance of any party duties by that officer, except from the party itself, as authorized by the appropriate executive committee.

4.2200.2 – Voting as an Officer of the Party

 

200.2.1        No Officer shall cast any vote regarding, or advocate for in any discussion, the employment, or appointment of a Family Member of the Officer, or the Officer himself or herself to any office that provides any financial benefit or compensation.  This section shall not prohibit providing factual background information prior to any motion being made or formal voting on the matter.

 

200.2.2        No Officer shall cast any vote or participate in any discussion regarding the Membership status of himself or herself, or any Family Member of the Officer.  This section shall not prohibit providing factual background information prior to any motion being made or formal voting on the matter.

 

200.2.3        No Officer shall cast any vote regarding authorization of funds (including for reimbursement) that will be paid to the Officer, or any Family Member of the Officer.  This section shall not prohibit providing factual background information prior to any motion being made or formal voting on the matter.

 

 200.2.4        An Officer shall not participate in any action relating to the disciplining of a Family Member, and shall not vote in the Officer’s discipline by the Party.

 

200.2.5        An Officer shall not intentionally participate in the discussion of a question in committee or on the floor, vote, or make a decision in his official capacity on any matter in which he or she, or any Family Member, or the officer’s business associate will derive a direct monetary gain or suffer a direct monetary loss as a result of his or her vote or decision.

The provisions of this subsection notwithstanding, an Officer may vote on general items or policies that affecting his or her expenses or allowances, which are not specific to the Officer in question or any Family Member of the Officer (i.e. a general expense reimbursement policy or bylaw).

4.3200.3 – Conduct as a Delegate

 

        200.3.1        No Delegate to any County, District, or State Convention shall accept Anything of Value in exchange for his or her vote or participation on any manner or specific business coming before the body.  Any such promise or exchange need not be explicit, but can be implicit from all of the facts and circumstances surrounding the matter.

 

        200.3.2        No person shall offer Anything of Value to any Delegate at any County, District, or State Convention in exchange for his or her vote or participation on any manner or specific business coming before the body.  Any such promise or exchange need not be explicit, but can be implicit from all of the facts and circumstances surrounding the matter.

 

        200.3.3        Nothing in this section shall prohibit or prevent: (a) the paying of convention fees by any third party so that the Delegate can attend, provided it is not conditioned or given in a manner that solicits or conditions the Delegate to cast votes in any particular way; (b) cost sharing of expenses or ride sharing to any convention, provided it is not conditioned or given in a manner that solicits or conditions the Delegate to cast votes in any particular way; (c) advancing or assisting with the provision of costs for transportation or lodging at any convention, provided it is not conditioned or given in a manner that solicits or conditions the Delegate to cast votes in any particular way; or (d) the paying of membership dues by any third party in advance of the convention so that the Delegate can attend, provided it is not conditioned or given in a manner that solicits or conditions the Delegate to cast votes in any particular way.  Nevertheless, Convention Rules may require the disclosure, by the Delegate, of any convention fees, costs, or dues advanced by any third party and any statements or conditions made in connection with those matters.  Any such fees, dues, or expenses paid or advanced by any third party to any Delegate, in connection with the State Convention, shall be disclosed by the Delegate to the Credentials Committee by the end of registration, and available for review by any other Delegate.

 

        200.3.4        Any Delegate, or other Member, that violates this section shall immediately be ejected from the convention by the Credentials Committee or Chair of the convention, be subject to having any delegate status revoked from any other conventions, be subject to having their Membership revoked, and be banned from the party for a period to be determined by the Executive Committee of the State Party.  The State Party Executive Committee is empowered to impose such of these sanctions it deems appropriate upon finding a violation of this section.  Hearings and matters arising under this section shall be conducted using the procedures for “Recall” in Section 600, regarding recall by the Executive Committee.

4.4200.4 – Additional Nepotism provisions

 

        In addition to those Nepotism provisions set forth in 200.2:

        (1) No two Family Members shall be permitted to occupy any of the following offices within any one Executive Committee:

 

(a)(i) Chair, and (ii) Vice Chair; or

(b)(i) Chair, and (ii) Treasurer.

 

 (2) No person shall be permitted to write a check, even if otherwise authorized, to any Family Member or themselves.  If any funds transfer is authorized, or any check is written to any party officer (i.e. the Chair, Vice Chair, Secretary or Treasurer), the Treasurer, or other person writing the check or authorizing the fund transfer shall transmit that fact via email, including who the check was written out to, and for what purpose, to the Executive Committee in question, within 48 hours of the transaction.

 

4.5200.5 – Additional Conflict of Interest provisions

 

        In the event that any matter comes before the body, or any Executive Committee, in which a particular Officer has a personal financial interest, or in which a Family Member has a financial interest, in addition to recusal, the Officer shall fully disclose the conflict of interest in addition to recusing himself or herself from the discussion and/or vote.

 

5300 – Party Records and meetings to be open to Members

 

        It is the general policy of the Libertarian Party of Kentucky that its records and meetings are not the property of its officers, or executive committees, but rather that such meetings and records are accountable to its Voting Members.  Furthermore, it is the general policy of the Libertarian Party of Kentucky that any exceptions to the notion that meetings and records be open should be constrained and confined only where it is essential to do so acting in the best interest of the party and its members.

 

        The following definitions shall govern this section:

“Open record” means all meeting minutes for any committee or convention, quarterly or monthly financial summaries, officer reports presented at any meeting, photographs of any meeting or event, meeting or event audio recordings or meeting or event video.  Open record shall also include any and all reports that are physically filed with any public agency, including the Kentucky Registry of Election Finance.  Open record shall also include the list of Voting Members of the party, or any affiliate, with the name, mailing address, district, and county provided, but shall not include any electronic mail, facsimile, or telephone number, or other personal information other than name and address for such members.

5.1        300.1 – Open records provisions regarding members; exceptions

 

300.1.1 Any Voting Member of the State Party, or any affiliate, who has been a Voting Member for the preceding ninety (90) days (“Requestor”), may request to inspect any Open record of the party by placing the request in writing (e-mail is acceptable) to the Party Secretary, or the affiliate secretary, where applicable, provided the person so-requesting certifies that they are not seeking the records for a commercial purpose.  In no event shall any record be released to anyone other than a valid Requestor.

 

300.1.2 If the person to whom the application is directed does not have custody or control of the Open record requested, that person shall notify the Requestor that they do not have custody, and, if they know who does, shall so inform the Requestor.

 

300.1.3 Upon inspection, the Requestor shall have the right to make abstracts of the Open records and memoranda thereof, and to obtain copies of all Open records not exempted.  Wherever possible and whenever electronic records exist, such records shall be provided electronically over electronic mail at no cost to the Requestor.  For physical copies, the secretary may charge $0.15 per page copied, plus reasonable postage fees, and may require advance payment of the prescribed fee, including postage where appropriate.  In person inspection may occur at the time and location convenient to the secretary.  Inspection shall occur within thirty (30) days of the request.  In lieu of the foregoing, such materials may be made available on a public website.

 

300.1.3 If the application places an unreasonable burden in producing Open records or if the custodian has reason to believe that repeated requests are intended to disrupt other essential functions of the party, the official custodian may refuse to permit inspection of the Open records or mail copies thereof.

 

300.1.4 The following shall be exempt from disclosure and the Open records provisions:

 

(A) Software licensed or used by the Party;

(B) Specific addresses of files, passwords, access codes, user identifications, or any other mechanism for controlling the security or restricting access to records in the party’s computer system;

(C) Membership list information other than name, address, congressional district and county;

(D) Donor lists and data, other than such information as is filed publicly;

(E) Specific personal identifying information of any member, including social security number, banking information, or similar personal identifying information.

(F) Records containing information of a personal nature where the public disclosure thereof would constitute a clearly unwarranted invasion of personal privacy, but this shall not include any meeting minutes or public meeting audio or video;

(G) Any legal advice, memorandum, or matters protected by the attorney-client or other applicable legal privilege recognized by state or federal courts;

(H) The contents of real estate appraisals, engineering or feasibility estimates and evaluations relative to acquisition of property, until such time as all of the property has been acquired;

(I) Records of the Party involved in adjudication that were compiled in the process of regulating elections, determining compliance with party requirements, or investigatory matters if the disclosure of the information would harm the party by premature release of information to be used in a prospective adjudication;

(J) Preliminary drafts, notes, correspondence with private individuals, other than correspondence which is intended to give notice of final action of the Party;

(K) Preliminary recommendations, and preliminary memoranda in which opinions are expressed or policies formulated or recommended;

(L) All Open records or information the disclosure of which is prohibited by federal or state law or regulation;

(M) Any other record of a proprietary or confidential nature, the release of which to the general public has a substantial likelihood of seriously damaging the party or its interests in the judgment of the Chair and Secretary, who shall both agree that the exception applies; this exception shall not be used to prevent the release of the minutes of any meeting or general financial reports; and

(N) Materials that relate solely to internal party operations with sensitive data of a political or operational interest.

 

300.1.5 The State Party Executive Committee may require a non-disclosure agreement for any officer, committee member, or other person, who handles or will handle the information described in 300.1.4(A), (B), (C), (D), (E), (F), (G), (H), (I), (L), (M), and/or (N).  It may also impose a blanket requirement for non-disclosure agreements.  Any such agreement may be perpetual for so long as the information is not public.  Any such agreement shall be limited to only that information listed in 300.1.4(A), (B), (C), (D), (E), (F), (G), (H), (I), (L), (M), and/or (N), and shall not include information that is an Open Record.

 

5.2300.2 – Party to conduct its meetings transparently; exceptions

 

        300.2.1  Except for executive sessions, as provided in 300.2.2 and 300.2.3, all party meetings, including committee meetings, shall be conducted transparently, and all Voting Members of the party shall be permitted to attend and observe the meeting, or the meeting shall be recorded for their review after it occurs within seven days after the meeting concludes.  All actions of any committee or executive committee shall occur in open session.

 

        300.2.2  Minutes shall be kept for each and every committee meeting, which, at a minimum, shall reflect the time the meeting began and the time it ended, the location it was held in (or identifying teleconference), the attendees on the committee present and absent, and a record of all motions made and votes taken.

        300.2.3  Executive sessions are permitted only for the following purposes:

(a) Deliberations on the future acquisition or sale of real property by the party, but only when publicity would be likely to affect the value of a specific piece of property to be acquired for public use or sold by the party;

(b) Discussions of proposed or pending litigation against or on behalf of the party, or to otherwise receive confidential legal advice;

(c) Discussions or hearings which might lead to the appointment, discipline, or dismissal of an particular individual employee, officer, or member without restricting that employee’s, member’s, or officer’s right to a public hearing if requested. This exception shall not be interpreted to permit discussion of general personnel matters in secret;

(d) Deliberations of judicial or quasi-judicial bodies regarding individual adjudications or appointments, at which neither the person involved, his representatives, nor any other individual not a member of the respective governing body or staff is present;

(e) Meetings which federal or state law specifically require to be conducted in privacy; and/or

(f) Discussion of internal infrastructure which would compromise the security of party operations.

300.2.4   Requirements for conducting executive sessions:

(1) The following requirements shall be met as a condition for conducting executive sessions:

(a) Notice shall be given in regular open meeting of the general nature of the business to be discussed in executive session and the reason for the closed session;

(b) Executive sessions may be held only after a motion is made and carried by a majority vote in open, public session;

(c) No final action may be taken at an executive session; and

(d) No matters may be discussed at an executive session other than those publicly announced prior to convening the closed session.

6400 – Financial Controls, Approvals, and Party Assets

6.1400.1 – Budget process and procedure; expenditures in accordance with budget

 

        400.1.1        The fiscal year of the Libertarian Party of Kentucky shall begin January 1 of any calendar year, and run through the last day of the following December.

 

        400.1.2        Not later than the last day of November, the Treasurer, in conjunction with any finance committee, shall present a draft budget to the Executive Committee for the following year.  That budget shall outline expected receipts for the following year.  It shall also outline expected expenses in detail.  Any budget, draft or final, shall not permit greater expenses than receipts and balance carry-forward combined.  A sample budget follows:

 

        FY 2017-2018 Budget, LPKY – District 1  (July 1, 2017 through June 30, 2018)

        Fund balance from FY 16-17:                                        $200

Revenues:

                Dues passed through from State:                        $300

                Direct Contributions:                                        $500

                Convention attendance fees ($15 x 15):                $225

                Total:                                                        $1025

        Total available for appropriation:                                $1225

        Expenses:

                Convention costs:

                        Venue:                                                $100

                        Food ($5 x 15):                                $75

                        Credentials costs ($4 x 15):                        $60

                        Total:                                                $235

                Outreach costs:

                        Marshall county fair:                                $100

                        Graves county fair:                                $100

                        Brochure costs:                                $50

                        LP Gear costs:                                        $100

                        Total:                                                $350

                Administrative Costs:

                        Postage:                                        $14.70

                        Banking fees:                                        $15

                        P.O. Box fees:                                        $60

                        Total:                                                $89.70

                Total Expenses:                                        $674.70

        Balance Carry Forward to FY 18-19:                                $550.30

       

        400.1.3        Following presentation of the draft budget to the Executive Committee, it may adopt the draft budget, or amend the draft budget.  Any expenses set forth in the budget are explicitly approved, and no further authorization need be made.  Further, the Executive Committee may require additional approval for any expense line item that it wishes to exercise more oversight over by so noting that desire in any approval motion.  Any budget or amended budget that has been passed shall be transmitted to the State Treasurer for archiving in the records of the party within 30 days of passage.

 

        400.1.4        The Executive Committee may amend the budget at any time within or before the fiscal year, or within 30 days following the fiscal year.               

6.2400.2 – Expenses to be approved in advance; exceptions

 

400.2.1        All expenses, except Emergency Expenses, shall be approved in advance, by the Executive Committee, either as an explicit approval for the particular expense, or as part of a budget approval.

 

400.2.2        Emergency Expenses

 

400.2.2.1        Emergency Expenses are defined as those expenses that are: (i) unanticipated; (ii) not within the control of the Party or its officers; (iii) require immediate payment prior to the next meeting of the Executive Committee, to prevent serious consequences, including, but not limited to, the imposition of fines or penalties upon the party, the loss of the party’s ballot access, criminal penalties, civil penalties, or other serious legal consequences; and (iv) it is not reasonably practical to obtain approval for the emergency expenses by the Executive Committee in advance.

 

400.2.2.2        Emergency Expenses may be paid with the approval of both the Chair and Treasurer and their determination that an expense is an Emergency Expense.  The Vice Chair and Secretary, if any, shall also be telephoned for their approval of Emergency Expenses (though if they cannot be reached, the Chair and Treasurer may proceed).

 

400.2.2.3        Following the payment of an Emergency Expense, the Chair shall immediately (within three hours) transmit to the Executive Committee via electronic mail the fact that an Emergency Expense was paid, indicate the amount, indicate why the expense met the definition of Emergency Expense, and open an electronic vote for the approval of the Emergency Expense, to be opened for 48 hours.  In the event the Emergency Expense is not approved by the Executive Committee, those who made the decision to make the emergency expenditure shall each equally reimburse the party of the cost of the Emergency Expense.

 

400.2.3        All expenses shall be documented with appropriate receipts, which shall be retained by the respective treasurers for a period of two years.  Reimbursements that do not have receipts (i.e. mileage, etc), shall require a expense reimbursement request and certification by the person seeking reimbursement that the expense was actually incurred, was for party business, and was pre-approved; that request and certification shall also be retained for a period of two years.

        400.2.3.1        Any approved mileage expense, if previously authorized, shall be reimbursed at the rate of 45% of the current IRS business mileage reimbursement rate, rounded up to the nearest penny.  Nothing in this section should be construed as generally authorizing, or encouraging, the reimbursement of mileage.  Such approvals should be made, if at all, carefully and rarely.

6.3400.3 – Dual control requirements

 

        No Treasurer shall disburse or cause any check or funds transfer to occur without the express approval of the Executive Committee.  All Treasurers shall transmit to the Executive Committee a list of receipts and expenses, in line item detail, at least quarterly.

 

        There shall be a backup signer on each account established by the party, which shall not be the Chair or Vice Chair and not a Family Member of any other member of the Executive Committee in question.  A backup signer can include the Treasurer from the State Party or any District party, the Secretary of the party, or an at-large member of the executive committee.

 

        In the event any backup signer signs any checks or authorizes any fund transfer, he or she shall transmit that fact via email, including who the check was written out to, and for what purpose, to the Executive Committee in question, and why the primary signer could not sign the check or authorize the fund transfer.

6.4400.4 – In-kind donations

 

        400.4.1        All in-kind donations shall be approved in advance by the Executive Committee for whom the in-kind service is rendered, or in-kind goods is accepted.

 

        400.4.2        In-kind donations, in lieu of dues, shall only be approved by the State Executive Committee.

 

        400.4.3        In-kind donations exceeding $250 to the State Party, and affiliates combined, shall only be approved by the State Executive Committee.

 

        400.4.4        In-kind donations shall be valued at the reasonable market value for the goods or service in question.

6.5400.5 – Party Assets

 

400.5.1        Assets donated to, or purchased by, a party remain the property of that party.

 

400.5.2        “Materiality” or “material” within the meaning of this section shall be determined in light of the typical balance carried by the party in its bank account, comprise approximately 3% or more of the average balance of the party’s bank account over the past year.  Assets that have over a $50 value are always material; assets that have a value of under $1 are never material.  The materiality threshold for each party should be determined not less than annually by a party’s treasurer, and shall never be greater than $50, nor less than $1.  In the event that the materiality threshold cannot be determined, the sum of $25 shall be used as the materiality threshold.  Assets should be valued at their cost to the party, and items over $50 should be depreciated according to the IRS depreciation schedule for the asset involved.

 

400.5.3        It shall be the duty of the treasurer, with the assistance of the secretary, of a party to maintain the list of material party assets for their party.  The Executive Committee of a party has the right to determine the proper location (or “home”) of assets for that party.

 

400.5.4        Assets used by members of the party at events (such as election night parties, outreach booths, etc) are to be signed out by the organizer of the event, and signed in when the property is returned.

 

400.5.5        If an asset is damaged or obsolete, a picture of the asset should be sent to the treasurer and secretary.  If the treasurer and secretary both agree that the asset is no longer of value, it may be disposed of appropriately.

 

400.5.6        If a party asset is given away as a gift or novelty:

 

400.5.6.1          If the item is of a value less than or equal to 10% of the materiality threshold, then no reporting is necessary.

 

400.5.6.2          If the item is of a value greater than 10% of the materiality threshold but less than 50% of the materiality threshold, then the number of items given shall be reported to the treasurer.

 

400.5.6.3          If the item is of a value greater than 50% of the materiality threshold, then each item shall be reported to the treasurer, along with the date, location, event title, and the name of the recipient.

 

400.5.7          At each Annual Convention for a party, all assets of that party not in a storage facility shall be brought to the convention for transfer to new leadership to the extent reasonably practicable.  If assets are stored in a storage facility, then the key, combination, or other security mechanism shall be transferred to the new leadership. If paperwork is necessary to transfer control of a storage facility, that paperwork shall be brought to the convention and completed by the appropriate parties if it is possible to do so.  In any event, any such transfer shall occur within seven days of the convention and arrangements shall be made at the convention for such transfer.

 

 

 

 

 

7500 – Endorsement of candidates, political contributions to candidates, and issues campaigns, press releases

 

7.1500.1        No endorsements in Partisan Primary Elections; exceptions

 

        500.1.1        No Executive Committee shall make any endorsements in any Libertarian Primary election, but may make statements or take actions opposing candidates running in other parties’ primary election cycle.

 

        500.1.2        No District or County Party Convention shall make endorsements for any office to be nominated at the Libertarian state or national convention until after such nominations have occurred; this section shall not prevent voting or preference voting to occur, in conjunction with the rules of the State Party Elections Committee.

 

7.2500.2   Political contributions to candidates

 

        Any Executive Committee may make contributions to candidates nominated by the Libertarian Party, in accordance and compliance with federal and state law.  No contributions may be made to any candidate until or unless they have been nominated by the appropriate Libertarian Party.

 

7.3        500.3        Issues campaigns

 

        Executive Committees may only make campaign donations exceeding $100 to Issues campaigns with the approval of the State Executive Committee.

 

7.4500.4   Press Releases

 

        All State Party Press Releases and external communications including mass mailings, except Facebook and twitter, shall be approved, in advance of their release to media sources, by the State Chair and State Secretary.  In the absence of the Chair, the Vice Chair may act on his behalf; in the absence of the Secretary, the Treasurer may act on his behalf.

 

8600 – Recall procedure

 

8.1600.1                Petitions for recall, initiated by members

 

        600.1.1        Any member initiated recall shall be initiated by delivery of a petition, signed in writing or delivered by electronic mail sufficient to ensure authentication that the email is from a voting member, by fifteen percent (15%) of the voting members of the party, who are voting members of the party on the day the petition is initiated.  The petition shall indicate that it is a petition for the recall of the officer by name and include the title held.  Each person signing shall print their name, address, and sign and date the petition.  Sending an electronic mail shall, if authenticity is established, count as a signature.  The petition may be delivered in parts.  The petition may, but is not required to, list any grounds for recall.  If delivered in parts, a sufficient number of petitions (15% of the voting members of the party) shall all be delivered within a 30-day window.

 

        600.1.2        The petition(s) shall be delivered to the Secretary of the executive committee on which the officer serves, unless the petition calls for the recall of the Secretary, in which case it shall be delivered to the Vice Chair of the executive committee on which the officer serves.

 

        600.1.3        Once a sufficient number of petitions are received, provided the petition is not a subsequent petition that is barred by Article VI, Section IV, (B)(i) of the Party Constitution, the Secretary (or Vice Chair in the event the recall petition involves the Secretary) shall then obtain a current list of Voting Members for that party, and immediately notify the State Party Secretary of the delivery of a valid number of petitions.

 

        600.1.4        The officer who is the subject of a petition for recall shall be immediately notified of the petition after it is delivered in part of in full, and be permitted to provide a statement in his or her defense, within three days after a petition is deemed valid, which shall likewise be transmitted to the Voting Members for their consideration.

 

600.1.5        After the three-day period in 600.1.4 passes, the Secretary (or Vice Chair in the event the recall petition involves the Secretary) shall then inform the Voting Members of the Party of the opening of a vote to recall the officer in question, by electronic mail and/or by ordinary U.S. mail.

 

600.1.6        The voting shall be opened for a period of 21 days following the opening of the voting period, which shall commence on the notification being provided to Voting Members as provided in 600.1.3.  The question shall be: “Shall _______ be recalled from the office of _______?”  or, if a reason is provided with the petition(s), it shall be: “Shall _________ be recalled from the office of _____, for the following reason: _________”  The question put to members shall also include the response from the subject of the recall, if they have filed a timely statement in his or her defense, as outlined in 600.1.4.  A vote of 3/5 of all of the Voting Members of the party in question must vote in the affirmative for the recall to be successful (abstains, or failures to vote are counted towards the denominator).  Votes shall be returned to the Secretary and the Vice Chair (unless the Secretary or Vice Chair are the subject of the recall, in which case votes shall be returned to the Chair and either the Secretary or Vice Chair (whichever is not the subject of the vote)), who shall serve as Tellers.  Votes shall be made by email, if authenticity can be established.  Votes may also be made by ordinary U.S. mail to the Secretary (or Vice Chair if the Secretary is the subject of the recall petition), and all such votes shall be copied to all the other Tellers in that event.  All votes shall be retained for a period of 30 days to permit any challenge to be lodged.  The votes of individual members shall be kept secret, to the extent possible.  No person subject to a recall shall retaliate or threaten to retaliate in any way due to the recall effort.

 

8.2600.2                Recall by Executive Committee

 

 600.2.1 Any recall by Executive Committee shall be initiated by a motion to approve charges supporting recall by the Executive Committee.  Such charges shall be in writing, and provide sufficient factual detail to adequately put the officer on notice of the actions or omissions that constitute cause or neglect, and support the request to recall the officer.  Any motion to approve charges must be sustained by a vote of no less than two-thirds (2/3) of the entire non-vacant Executive Committee of that Party must vote affirmatively in favor of the charges, excluding the member in question.  A time and date for the hearing of the charges shall also be set with the approval of the charges, which shall be at least eight days after the approval of the charges.  The time and date of the hearing shall be set, to the extent possible, at a time that is reasonably calculated so that the charged member can attend.  The officer in question shall be immediately provided a copy of the charges, in writing, and informed of the time and date of the hearing.

 

        600.2.2        Any hearing of charges shall be recorded.  At a hearing on the charges, any evidence supporting the charges shall be presented first.  The charged officer shall have the ability to question any person offering such evidence.  The charged officer shall then be permitted to offer any evidence or explanation to the Executive Committee and shall be subject to questioning by the Committee.

 

        600.2.3        At the conclusion of the hearing, two-thirds (2/3) of the entire non-vacant Executive Committee of that Party must vote affirmatively in favor of recall, excluding the member in question (i.e. abstains and non-voting members shall count towards the denominator).

9700 – National Committee Regional Representation

 

9.1700.1        Regional Agreements

 

        The Libertarian National Committee permits affiliates to band together to form representative regions.  In years of a national convention, it shall be incumbent on the Chair of the State Party Executive Committee, starting in January of that year, to solicit interest from other surrounding state affiliates for the purpose of forming a region.  To the extent possible, a regional agreement should be worked out, negotiated, and approved by the State Executive Committee, prior to the start of the National Convention.

 

        In the event that such an Agreement is not formalized prior to two days before the start of the National Convention, the State Party Executive Committee Officers, consisting of the Chair, Vice-Chair, Secretary, and Treasurer, who are in attendance at the National Convention, shall be empowered to negotiate and approve, by majority vote, a regional agreement.  The highest-ranking Officer in attendance shall be empowered to sign any negotiated agreement.  In the event no State Party Executive Committee Officer is in attendance, the Delegation Chair shall be empowered to negotiate and sign an appropriate regional agreement after the start of the National Convention.

        Any signed regional agreement shall be provided to the national Secretary immediately after signing, and to the State Party Secretary within seven days following the national convention.

10800 – Party Meetings, Electronic Voting, Minutes, and Affiliation Matters

 

10.1800.1  Meetings and Electronic Voting

 

        800.1.1        Meetings shall be held not less than quarterly.  (Party Const. Art. VI, Section 1, E, iii).  Parties are encouraged to meet monthly.

 800.1.2 The time and place of meetings shall be established by the Chair of the Committee by adoption of a meeting schedule for the year, to be presented in a meeting in January of each year.  The Executive Committee may amend the schedule. (Party Const. Art. VI, Section 1, E, iii).

 

 800.1.3 Special meetings shall be called at the call of the chair, or the majority of the Executive Committee, with at least seven days’ advance notice, and shall be limited to the subjects contained in the call and agenda. The seven days’ advance notice requirement can be waived, in an emergency, by a 2/3 vote of the Committee.  (Party Const. Art. VI, Section 1, E, iii).

 

800.1.4        Meetings may be conducted telephonically or by video conference so long as such meetings are either recorded and made available to the membership or Voting Members have the ability to dial in and observe live, provided that at least one in-person meeting shall be held per calendar year and may be held following the annual convention.  (Party Const. Art. VI, Section 1, E, iii).

    1.  

        800.1.5        Electronic or email voting may be called between meetings providing that there is a vote in favor of the action by not less than fifty-one percent (51%) of all non-vacant positions on the Executive Committee (abstains or failures to vote are counted in the denominator for such a determination). Votes shall be cast in a form that permits verification of authenticity (e-mail is permitted), 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.  (Party Const. Art. VI, Section 1, E, xiii).

10.2800.2  Failure to have meetings

 

        800.2.1        It is necessary that each Executive Committee hold a business meeting at least quarterly.  (Party Const. Art. VI, Section 1, E, iii).  It is not necessary, however, that quorum be obtained for a particular meeting to count for this section, provided the meeting is called and noticed in good faith.  Individual officers that fail to attend meetings within a 60-day period, are subject to removal under Article VI, Section 4, (B)(ii).

        800.2.2        Any Voting Member of the State Party can file, with a District Executive Committee Secretary or Chairman for County parties, or with the State Chair or Secretary for District Parties, a complaint that a meeting has not been conducted within the preceding 90 days.  The District (for County parties) or State (for District parties) Secretary, or Chair, shall then confirm whether or not a County or District affiliate has held the required meeting by reviewing relevant records, if any, and by sending an e-mail to the County or District Chair and Secretary.  Failure by the affiliate Chair or Secretary to respond satisfactorily demonstrating that a meeting was held, within 72 hours of a request, and the absence of any records indicating a meeting was held, shall serve as confirmation that a meeting has not been held.

                800.2.2.1        Any Voting Member of the State Party can file with the entire State Party Executive Committee a complaint regarding the failure by the State Party to hold a meeting as required.   The Chair in question shall respond to the complaining party within 72 hours (unless he is on an authorized leave of absence, in which case the Vice Chair shall so respond).  Upon a failure to so respond as requested or to respond satisfactorily within the 72 hour period, the complaining member and/or State Secretary shall refer the matter to arbitration or to the national party, for action, including removal of the Chair, under Article VI, Section 10(C).

        800.2.3        Upon confirmation that no such meeting was held, the affiliate will be in violation of the State Party Constitution, and its Chair shall be automatically recalled from office (unless the Chair is on an authorized leave of absence, in which case the Vice Chair shall be recalled from office).  The Chartering Party Chair, or Secretary, shall transmit this fact to the Chair in question who has been recalled, the rest of the executive committee in question, and to the Chartering Party Executive Committee, and the recall shall be effective upon transmission.

        800.2.4        In the event that the affected Chair believes that the decision to recall is in error, the Chair may appeal the decision to the State Party Executive Committee, by giving notice to the State Secretary within seven (7) days of the notification of recall.  The State Party Executive Committee shall determine the matter at their next scheduled meeting.

10.3800.3  Minutes

 

 800.3.1 Minutes shall be taken at all Executive Committee meetings, and conventions, with a summary of actions (i.e. motions) made transparent and available to Voting Members. It is acceptable, but not favored, to include discussion items in the minutes.

 

        800.3.2        County and District Secretaries shall send copies of their meeting and convention minutes to the State Secretary within 30 days following the minutes approval, to ensure the party has records, including historical records, of all such meetings, and to allow for publication to the Voting Members of the Party.

 

        800.3.3        Upon the filling of any vacancy on any executive committee, the Secretary concerned shall transmit such fact to the State Party Secretary.  The State Party Secretary shall also be entitled to request from any District or County Chair the current membership of their executive committees, for purposes of compiling a roster of officers.  The roster shall be available to any member of the State Party Executive Committee for review.

10.4800.4  Affiliation matters

 

 800.4.1 An affiliate is formed when there is sufficient interest by the Voting Members within a District or County to form the affiliate.   The State Party charters District parties.  District parties charter county parties.  Typically, three to five Voting Members are able to pursue affiliation.  

 

There are several potential paths to affiliation: (i) if there are five members who desire to affiliate, and have determined who will fill what role in the affiliate, they may approach the Chartering party may appoint the executive committee under Article VI, Section I,C,i(e) of the LPKY Constitution, and then immediately work to schedule the initial convention in accordance with the LPKY Constitution; (ii) alternatively, they may approach the Executive Committee of the chartering  party, who may call a special convention for that purpose under Article VII, Section 2(A), and, in that event, the Executive Committee of the chartering party would pre-approve the chartering of the affiliate following the convention, send a chair and secretary to that convention to assist with its chartering, and provide required notice; (iii) alternatively, forty percent (40%) or 10 members of a Party, whichever is greater, can call a special convention for chartering the affiliate under Article VII, Section 2(B), and, if they do so, are responsible for providing required notice and other requirements; or (iv) alternatively, the procedure in 8.3.2 may be utilized.

 

800.4.2        Chartering convention by Voting Members under 8.3.1.(iv)

 

First, the time, date (the date should generally be 60 days out to accomplish the required tasks), and location of the convention must be determined.  

 

Second, the names and addresses of all voting members in the affected area must be ascertained for the purpose of providing notice by the State Membership Committee.  If there are less than three such members, affiliation cannot occur.  The date for the convention must be at least 45 days in advance to provide the 45-day notice to the State Party Executive Committee under Article VII, Section 3(A).

 

Third, notice must be provided to the State Executive Committee at least 45 days in advance.

 

Fourth, Voting Members in the area, must be given notice at least 30 days in advance.  Further, the Chartering Party must be given notice at least 30 days in advance.  The notice of convention must explain for which Party the convention is being called, and must include the date, time, location, and purpose of the convention being called.

 

 Fifth, the Chartering Party will generally send a temporary convention chair and secretary to act until the convention elects a Chair and Secretary.

 

 Sixth, the Chartering Party will handle credentialing.

 

 Seventh, the Convention will elect officers for the Executive Committee of the affiliate.  Chair, Treasurer, and either Vice Chair or Secretary must be elected.  The Convention must approve a resolution seeking affiliation from the Chartering party.

 

 Eighth, following the Convention, the newly elected Executive Committee must petition the Chartering Party for affiliation, and, if it is a county party, a copy shall be sent to the State Party Executive Committee Secretary for record keeping purposes.  The petition shall include evidence of compliance with this section and it shall be in writing.  The Chartering Party’s Executive Committee shall act on any petition for affiliation within 30 days of the petition, and, if it shall fail to do so, the petition shall be considered approved.

 

11900 – Default standing convention rules

 

11.1        900.1        – General Provision

 

These shall be the default standing convention rules for any annual, or special convention.  The applicable executive committee, however, directly or on the recommendation of a rules committee established for that purpose, shall be permitted to alter these rules in any way that they see fit, provided any such amendments or deviations are adopted and approved by the applicable executive committee at least thirty (30) days in advance of the respective convention.

 

    1. 900.2  Delegates and Credentialing 

 

900.2.1        Delegates to all County, all District, and State Conventions (for the State Conventions, this definition applies if Voting Members are less than 250 as of January 1 of the Calendar year):

    1. a.All “Voting Members” as defined in the current Constitution of the Libertarian Party of Kentucky, who are Voting Members as of 14 days prior to the Convention (if such a bylaw has been adopted by the executive committee in question), who have registered for the Convention as set forth in these rules, and checked into the Convention, as set forth in these rules;  

    2. b.A “Putative Delegate” are those persons who are Voting Members, set forth above, who are Voting Members by the deadlines set forth above, but have either: (i) not checked in to the Convention; or (ii) have not registered for the Convention. 

 

900.2.2        Delegates to State Conventions (if Voting Members are 250 Delegates or more as of January 1 of the Calendar year):

        a.    All Delegates who have been elected Delegates to the State Convention by their respective District Conventions, who are Voting Members as of 14 days prior to the Convention, who have registered for the Convention as set forth in these rules, and checked into the Convention, as set forth in these rules;

        b.  A “Putative Delegate” are those persons who are otherwise a Delegate, set forth above, who are Voting Members by the deadlines set forth above, but have either: (i) not checked in to the Convention; or (ii) have not registered for the Convention.

 

 

 

11.2900.3        Registration for the Convention

 

Registration shall be opened, onsite, starting one hour prior to the start of convention business, at the convention location.  Any person who is a convention delegate shall then be permitted to register, provided he or she is in line to register by the time set for the start of convention business; registration shall be handled by the Credentials Committee.

 

11.3900.4   Verification of Delegates

 

900.4.1        There is hereby created a Credentials Committee, which shall consist of three persons to be appointed by the Executive Committee, one of whom shall be the Secretary of the committee calling the convention; the committee shall be appointed not later than twenty-one days prior to the start of the convention.  The duties of the committee shall be as set forth in these Rules, and shall include verification of the credentials of delegates.  In the absence of an Executive Committee appointment by twenty-one days prior to the start of the convention, the Secretary of the committee calling the convention shall appoint the other members of the Credentials Committee and provide notice of those appointments to the Executive Committee.

 

900.4.2        Not earlier than thirty days prior to the convention, and not later than twenty-one days prior to the convention, the Membership Committee shall transmit a draft list of Putative Delegates to the Executive Committee with a copy to the Secretary of the Executive Committee. The Executive Committee may hold a meeting to make additions or modifications to the list in question, or to address discrepancies not earlier than twenty-one days prior to the convention, and not later than fourteen days prior to the convention.  The list, as transmitted by the Membership Committee, with any additions or modifications by the Executive Committee within the time allotted, shall be deemed Putative Delegates.  The draft list, as approved or amended by the Executive Committee, shall then be transmitted to the Credentials Committee, which is not empowered to remove anyone from this list of Putative Delegates.

 

900.4.3        The Membership Committee shall likewise transmit, to the Credentials Committee, a list of persons that have become a “Voting Member” as defined in the current Constitution of the Libertarian Party of Kentucky, between the period of thirty days to fourteen days prior to the convention.  The Credentials Committee may determine and decide any claims of error or discrepancy, from this list, prior to the presentation of its report.  Absent some evidence of error or mistake, these persons shall also be deemed Putative Delegates, along with any additions found appropriate by the Credentials Committee due to error or mistake.  Any such additions shall be transmitted to the Executive Committee Chair and Secretary by the Credentials Committee not later than three days prior to the convention.

 

900.4.4        The Credentials Committee shall handle the check-in procedure for the Convention, and shall conduct check-ins during the one hour preceding the start of the convention, at the convention site.  Any person who is on the list of Putative Delegates, shall be permitted to check in, provided he or she is in line to register by the time set for the start of business for the convention.  In the event that a Putative Delegate checks-in who has not registered for the convention (and registration is not still open), they shall be informed of that fact, and be permitted to register onsite.

 

900.4.5        The Credentials Committee shall cross-reference registrations for the convention, with the Putative Delegate Voting Member lists describe above, and those persons who have checked in, to determine who is permitted to vote as a Delegate to the convention.

 

900.4.6        Authorized Delegates, who are the only parties authorized to vote, shall be maintained in list format by the Credentials Committee, which shall also issue some form of identification for credentialed Delegates making it apparent who is permitted to vote in the convention.

 

11.4900.5        Opening of the Convention, Presentation of the Report of the Credentials Committee and amendments thereto, and Adoption of Rules

 

900.5.1        The Chair shall not call the convention to order until the check in procedure above has concluded.  The Chair of the Convention at the start of the convention shall be the Executive Committee Chairman, unless he shall not be present or resign, in which case the Vice Chair of the party shall serve as Chair.  The Secretary of the Convention at the start of the convention shall be the Executive Committee Secretary.  In the event the Executive Committee Secretary shall not be present, or shall resign, the Chair shall appoint the Secretary of the Convention.

900.5.2        Immediately after the Chair calls the convention to order, the first order of business shall be the Presentation of the Report of the Credentials Committee, which shall report those delegates authorized to vote.  The Report may be, by the body of those delegates authorized to vote in the Report, debated, adopted or amended, by a simple majority vote.  Putative Delegates shall be entitled, however, to be recognized on the floor, for a period of two minutes each, for the purposes of debating the Report of the Credentials Committee, but shall not be entitled to vote on the adoption or amendment of the Report.

900.5.3        No one can vote whose name is not on the list of delegates reported by the Credentials Committee, until it has been amended to add that person to the Report. Upon the motion to substitute one delegation for another, neither one can vote. Upon a motion to strike out the names of a delegation whose seats are contested any such person in that delegation cannot vote. But upon the main motion to accept the report, all persons whose names are on the list of members as reported by the committee and amended by the convention are entitled to vote, and they alone.

900.5.4        If there is a case of contest between two sets of delegates and there is serious doubt as to which is entitled to recognition, the Credentials Committee should omit both from the list and report the fact of the contest.

900.5.5        The Credentials Committee shall also permit check-in to occur at a period of two hours following the opening of the convention for 10 minutes, and at a period of two hours following that check-in for 10 minutes.  Further, if the convention lasts multiple days, check-in shall be opened for 10 minutes preceding the opening of business on each subsequent day.  Anyone in line during those time periods shall be permitted to register.  Following check-ins, the credentials committee reports shall be revised, by a majority vote.  The Reports of the Credentials Committee shall act automatically to suspend any pending business until the completion of that report, upon recognition by the Chair, without the need to suspend the rules.  Once a member has been admitted to the convention and has checked in, that member shall be determined to be part of the body and may not be removed by virtue of an amendment to the Credentials Committee Report, for purposes of quorum.  However, an amendment to the Credentials Committee Report may add members to the convention after it is initially adopted.

900.5.6        The second order of business shall be the election of a Convention Chair and Secretary; the Secretary shall keep minutes reflecting actions taken at the convention. The Chair shall be the Executive Committee Chair unless not present, or removed by a three-fifths (3/5) vote of the convention body. The Secretary of the Executive Committee shall be the Secretary of the Convention, unless not present, or removed by a three-fifths (3/5) vote of the convention body, The Chair shall be entitled to employ or utilize a parliamentarian to assist on matters of procedure.

900.5.7        The third order of business by the Chair shall be the presentation of these Rules by the Rules Committee, as approved by the State Party Executive Committee, to the convention body, which may debate, adopt or amend these rules, by a simple majority vote.  Once approved, these rules may not be further amended, but may be suspended by a two-thirds (2/3) vote.

900.5.8        The fourth order of business by the Chair shall be presentation of the agenda for additional business.  The agenda shall be the agenda that was provided in the notice for the Convention that was given by the Chair of the Executive Committee of the State Party.  The convention body may debate, adopt or amend such agenda, by a simple majority vote.  Once adopted, the agenda may not be modified, or its order of business deviated from, except by a motion to suspend the orders of the day, which must pass by a 2/3 vote.

11.5900.6 – General Convention Rules

 

900.6.1        Rules governing the election and nomination of candidates for the Libertarian Party primary shall be as established by the State Elections Committee; these rules govern matters other than the voting of candidates for public office in the Libertarian Party primary.

900.6.2        Voting by proxy will not be permitted at this Convention.

900.6.3        Each individual nominated to any party position shall be nominated and voted on as an individual, not as part of a slate. Names of all nominees shall be listed in alphabetical order on the ballot.

900.6.4        Any delegate to this convention may place in nomination for any officer or other position to be elected at this convention, the name of any other delegate, or the name of any other eligible member. Nominations shall be accepted by the presiding officer of the convention until the Chair calls for any further nominations three times, and a period of 15 seconds elapses with no further nominations.  No person may be nominated who is not a Voting Member of the party, as of the start of business for this convention.  No nomination shall be official until it is accepted by the person so nominated.  In the event that seconding speeches are to be given, they shall be determined by random drawing of lots.

 

900.6.5        Any vote for officer or office must be taken by secret ballot, implementing instant runoff or preferential voting, and “None of the Above” (or NOTA) also listed as an option.  Tellers shall be appointed, as set forth in Paragraph 5 below, for any vote for any officer or office.  The Secretary of the Convention shall serve as the chief teller and coordinate their activities.  If NOTA prevails, there shall be no one elected to the position in question and it shall be counted as a vacancy at the close of the convention.  The persons elected shall not take office until the adjournment of the convention.

 

    1. a.Upon the conclusion of the voting and reports from the tellers, if any, for any office or officer to be elected at this Convention, the results of the voting shall be reported by the tellers to the Chair, who shall then report it to the Convention body.  The Chair shall also report whether or not the results from the tellers is unanimous to the Convention body. 

    2. b.If the tellers results are unanimous, the vote shall not be subject to any challenge from the floor except upon a vote of two-thirds (2/3) of the convention body to reconsider.  If tellers are not unanimous, the convention body shall resolve the discrepancy by majority vote, or by declaring the election void and holding it again. 

    3. c.It shall be out of order for any member to seek reconsideration of any vote for any office or officer to be elected at this Convention: (i) except on the date the vote is held for the office or officer to be elected; and (ii) within two hours of the initial announcement of the results.  Any such motion to reconsider shall be considered a privileged motion the first time that it is made.  Not more than one motion to reconsider shall be considered. 

900.6.6        The Chair of the convention shall appoint three or five tellers to count the members who are entitled to vote and also to count the actual balloting, one of whom shall be the Secretary of the Convention. In the event that any teller is running for any office, a substitute teller shall be appointed for the vote for that office.

 

900.6.7        It shall be the duty of the Chair of the convention to assure that the right to challenge any committee recommendation is more than perfunctory, and places no undue burden on the challengers. All such committee reports shall be subject to approval and to amendment, in whole or in part, from the floor of the convention, and shall be subject to the final vote of the Convention.

 

900.6.8        Any amendments proposed or passed at convention, to the Constitution of the Libertarian Party of Kentucky, shall not take effect until the moment the Convention adjourns.

900.6.9        Quorum to do business shall constitute 45% of the members authorized to vote, as established in the Credentials Committee report, or any amendments thereto.  The Credentials Committee shall be responsible for tracking and calculating the quorum number.

900.6.10        Simple resolutions, to be considered or adopted by the convention, shall be in writing, and presented to the Secretary of the Convention not later than three hours after the start of the convention.

900.6.11        On questions of the adoption of changes to the Constitution of the Libertarian Party of Kentucky (state party convention only), or changes to the platform:

  1. a.Changes to the Constitution of the Libertarian Party of Kentucky: 

      1. i.The Rules Committee shall present a report recommending changes to the Constitution of the Libertarian Party of Kentucky, as outlined in the convention agenda.  In the event the committee is not unanimous; any minority reports shall also be presented to the convention body.  Any Articles or sections that are the subject of a minority report shall be automatically divided for consideration by the body. 

      2. ii.To permit the adequate discussion and debate of any contentious changes, the Chair shall then permit, and call for, any motions to divide consideration of any particular Article or Section, either proposed in the report, or generally; no motion to divide shall be permitted except to divide particular articles or sections (i.e. it shall not be in order to divide particular paragraphs of sections, rather, the  entire section shall be divided).  Any such motion shall be made and seconded and require a majority vote.   

      3. iii.Upon a motion to divide the question, any such Article or Section shall be debated and voted on separately, with the remainder of the undivided Constitution with the proposed amendments submitted by the Rules Committee, to be considered and voted upon first, and then the questions of division debated in the order they were divided.  

      4. iv.In accordance with the Constitution of the Libertarian Party of Kentucky, amendments to the Constitution may be made by no less than a vote of three-fifths (3/5) of the Voting Members present. 

      5. v.Any proposed amendments to the Constitution or the Report of the Rules Committee shall be made in writing, and shall conform to Section 1100 in terms of submission to the Rules Committee in advance of the Convention.   

      6. vi.The Rules Committee shall publish its Report on the Constitution revisions, and any minority reports, not later than thirty days prior to the convention to the State Party Executive Committee, and shall further provide access to it to members of the party for advance consideration not later than thirty days prior to the convention (i.e. Google Docs with a link to it on the party’s website), as provided in the bylaws of the State Party. 

  1. b.Changes to the Platform of the Libertarian Party of Kentucky 

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

      2. viii.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.  Any such substitution or addition, shall be made in writing and delivered to the Secretary of the Convention prior to consideration of the proposed amendment, substitution, or addition. 

  1. c.Each proposal for deletion, substitution, or amendment shall be made in separate votes.         

121000 – Information Technology Policies

 

131000.1                Official E-mail usage

 

1000.1.1        Scope: This policy covers appropriate use of any email sent from an LPKY email address (@lpky.org) and applies to all employees, members, volunteers, vendors, and agents operating on behalf of LPKY.  All email sent to or from an LPKY email address is the property of the State Party.

 

1000.1.2        All use of email must be consistent with the LPKY constitution and bylaws, as well as compliance with applicable laws.  LPKY email accounts should be used primarily for party business-related purposes; personal communication is permitted on a limited basis, but non-party related commercial uses are prohibited. The LPKY email system shall not to be used for the creation or distribution of pornography, or offensive comments about race, gender, disabilities, age, sexual orientation, or national origin. Sending chain letters or inappropriate joke emails from a LPKY email account is prohibited. Nothing in this section shall prevent good faith political discussions about the foregoing issues that are pertinent to party business. LPKY members who receive any emails with this content from any LPKY member should report the matter to any member of the State Party Executive Committee immediately.

 

1000.1.3        All members of any affiliated executive committee (State, District, County) and members of any sub-committee therein, upon official notification of election or appointment being sent to the IT Committee, will be assigned a lpky.org email address within five business days, and provided with account credentials and directions on how to access the account.

 

1000.1.4        Provided (a) the email system is functional and (b) an lpky.org email account is assigned and provided to an executive committee member or other committee member (including a username and password), then email that is sent and delivered to a member’s lpky.org email system shall be deemed valid for all party notice purposes.  A member may opt-out of lpky.org email usage and this section, by providing notice to the State Secretary with an alternate e-mail address, who will promptly transmit that request to the officer’s executive committee, and any information technology related committee.  Party members are strongly encouraged, but not required, to use official e-mail addresses (@lpky.org) for all party business.  Nevertheless, understanding that email systems may be temporarily unavailable, or a party official may not have an email account assigned, there has been historical compatibility issues with iphones, and for other technical or personal reasons, if a party official uses non-party e-mail for business, any such email should be professional and should identify the official by name to assist in authentication for official purposes.

 

1000.1.5        Provided an official mailing list is established for a particular committee, and provided that mailing list is functional, all business conducted via electronic mail shall be conducted on that mailing list.  Mailing list discussions, chains, or e-mails shall be made publicly available to the membership, unless they are excepted from release under Bylaw 300.2.3 or 300.1.4.  Such exempt materials shall not be sent to official mailing lists, but rather be submitted electronically, outside of the mailing list, to all members of the committee in question and only those persons for discussion.

 

1000.1.6         Users shall not use the LPKY email server as a mechanism to send unsolicited mailings, newsletters, or any form of bulk mailings to multiple external email addresses.  External email services, such as MailChimp, should be used for sending newsletters.

 

1000.1.7         Email should be retained if it qualifies as a LPKY business record. Email is a LPKY business record if there exists a legitimate and ongoing business reason to preserve the information contained in the email. Email that is identified as a LPKY business record shall be retained as follows: As a general matter, record retention should be two years for records that do not include financial statements, checks, drafts, and authorization to spend funds, and four years for records that contain financial statements, checks, drafts, and authorization to spend funds.

 

        1000.1.8        Unless permitted by the State Party Executive Committee Chairman, Vice-Chairman, Secretary, or Treasurer, individual messages which are forwarded by the user from the LPKY email system must not contain LPKY confidential information.

1000.1.9        LPKY may monitor messages without prior notice. LPKY is not obliged to monitor email messages. Monitoring of LPKY e-mails shall only occur in the event that there is probable cause to believe that there has been a misuse of party e-mail; probable cause can be established through a report that inappropriate emails that violate the State Party Constitution, these bylaws, or law, have been sent by the member’s account, complaints from third parties, an abnormal amount of space being utilized by a particular email account, or other credible evidence of misuse.

 

1000.1.9.1         Any message monitoring shall have the express approval of at least three of the four officers in writing or by e-mail (i.e. the Chairman, Vice-Chairman, Secretary, or Treasurer) of the State Party Executive Committee; if more than one of the foregoing officers is accused or suspected of misuse, the approval must be obtained by all officers not accused or suspected of misuse, and at least two District Chairs or at-large members.

1000.1.9.2         The results of any monitoring shall be shared with the officers who have approved the monitoring.

1000.1.9.3         Any member whose e-mail has been monitored shall be notified of such monitoring within 30 days of the conclusion of the monitoring, or within 120 days of the start of the monitoring, whichever comes first; included in such notice shall be the date and time the monitoring began, the persons requesting or complaining about the person, and the justification and probable cause basis of the monitoring.

 

        1000.1.10.        No person shall access the email account of another user without the permission of the user whose account is being accessed, except as authorized under 1000.1.9.

 

141000.2                Social Media

 

1000.2.1        All Social Media pages or groups created for the State Party, or any affiliate party, shall remain the property of the State Party, though administered as provided herein.  The Officers of the State Party (i.e. Chair, Vice Chair, Secretary, and Treasurer) executive committee shall have administrative privileges on all social media assets for the State Party, or for any non-chartered affiliate.  For chartered affiliate parties or their committees, the State Party Chairman and Secretary shall have administrative privileges solely for the purposes stated in 1000.2.5, or to affect a disaffiliation, and for the purpose of posting official notices of convention, unless their privileges have been revoked as provided in this section.  The State Party Executive Committee shall have the ability to revoke privileges of any person from any party asset.  In no case shall a social media asset have fewer than two members with administrative privileges.

 

1000.2.2        All official posts on behalf of any party shall be consistent with the Platform of the Party and shall not violate these bylaws or the State Party Constitution, or state or federal law.

 

1000.2.3        By default, administration of a page is to be executed by the officers of the executive committee for which the page is the topic and those persons shall be given sufficient privileges on those pages, unless such privileges are revoked.  District chairs shall be given administrative privileges on their own pages including the right to assign privileges not inconsistent with any other bylaw provision, and those of any county affiliate within their district, unless such privileges have been revoked.  Further, District officers shall be authorized to post on behalf of those parties, unless posting privileges are revoked as provided herein. An executive committee shall take official action to add any additional posters to the account, or may establish a committee to handle such accounts.

 

1000.2.4        As a general matter, the party account should be used only to make the original post.  Exceptions to this general matter are limited to providing specific factual information for a planned party event (i.e. the time, date, location, etc. of an event) or to provide a link to the party’s platform or website for further information.  Otherwise, responses to a comment or thread are to be made with personal accounts and not with a party account.  In no event shall argument be made via the party’s account in the comments.  Persons making posts that are not a sharing of another post are strongly encouraged to place their initials in parenthesis at the end of the post.

 

1000.2.5        Posts may be deleted that: (i) are clearly inconsistent with the platform; (ii) are in clear violation of these bylaws or the party’s constitution; (iii) are clearly unnecessarily vulgar, profane, or obscene, without a corresponding and sufficiently offsetting benefit to the party in terms of advancing its mission; (iv) violate state or federal law; or (v) contain a link that is broken or missing.  In the event any post is deleted, the officer deleting the post shall inform the relevant party chair of the action, and shall inform the original poster of the action if that poster is a member of the relevant party’s executive committee, along the reason for the post’s deletion within 8 hours of the deletion.  In the event that the poster, or relevant party chair, believes that the post conformed to policy, they may appeal the deletion decision to the State Executive Committee, and, in the event of three successful appeals, the administrative privileges of the person deleting the posts shall be revoked by the State Party Executive Committee for a period not less than 90 days.  Further, failing to comply with the requirements of this provision, regarding deletion, shall result in the loss of administrative privileges for a period of not less than 90 days and may the basis for further disciplinary action.  Persons who make such posts on more than one occasion are subject to having their posting privileges revoked, temporarily or permanently.

 

151000.3         Website

 

1000.3.1          The LPKY website and any other associated websites using the LPKY.org domain name are the property of State Party. Websites are to be maintained by the State Party Executive Committee, or any committee to whom it delegates that responsibility.

 

1000.3.2         The State Party Secretary will be given access to the primary LPKY website in order to post events, press releases, meeting minutes, and other articles.

 

1000.3.3        Duties to maintain the website, wiki, or other web-based technologies may be delegated to others, but the same requirements, rules, and restrictions shall apply to those to whom duties are delegated.

 

161000.4         Telephony services

 

1000.4.1          Individuals may have individual office numbers, but no party shall advertise, as an official phone number of the party any telephone number that is not owned and controlled by the party (i.e. Contact Libertarian Party of Graves County at 1-502-555-5555 must be an asset owned by the party).  It shall be acceptable, however, to advertise a point of contact number on website and other media that are changeable in nature, as a point of contact for a particular party officer, by so denoting it (i.e. Contact the Libertarian Party of Graves County, through its Chair, Joe Libertarian, at 1-502-555-5555).  Reimbursement for personal, as opposed to party, telephone accounts shall not be made by any party.

 

1000.4.2        The login credentials for any account owned by any party shall be shared with the State Party Secretary.  In no instance shall the credentials for any account be known to fewer than two party leaders.

 

171000.5                Customer Relationship Management (CRM)

 

1000.5.1        This section is reserved for CRM policies.

181000.6                Policy Compliance

 

1000.6.1         All LPKY IT assets are, and remain, the property of the LPKY State Party, unless the State Party provides specific exception.

1000.6.2        All users of LPKY IT assets may be required to sign Acceptable Use and/or Non-Disclosure Agreements as a requirement for using an LPKY IT asset.

1000.6.3        Exceptions: Any exception to the policies outlined in section 1000 must be approved by vote of the State Party Executive Committee in advance.

1000.6.4        Any person who is found to have violated the policies outlined in section 1000 may be subject to disciplinary action by the State Executive Committee, up to and including: (i) revocation of access to party assets; (ii) recall from office; or (iii) removal from any committee appointment.

 

191100 – Committee Referrals and Recommendations, Bylaws and Constitutional  Amendments

 

19.11100.1        – General Provision

 

 Any executive committee may refer any matter to a standing or ad-hoc committee for a recommendation.  Certain matters are relegated automatically to a committee for a recommendation, including, without limitation, bylaws amendments and constitutional amendments.  Other matters are relegated to a particular committee based on the action of the executive committee.

 

19.21100.2                Recommended changes to bylaws

 

1100.2.1 The State Party Executive Committee Rules Committee is tasked with drafting proposed changes to the Constitution, and bylaws of the party.  Not less than once a year, nor more than three times a year, the State Party Rules Committee (“SPRC”) shall announce to the State Party Executive Committee that it is opening the bylaws comment process by sending an electronic mail to the State Party Executive Committee that the comment period is open.  Once opened, the comment process shall remain open for a period of fourteen (14) days, to receive any comments or suggested revisions to the bylaws (“First Comment Period”).  In the event that the SPRC shall fail to open the comment period within a year of the last review or set of revisions, it shall be automatically be opened, and the Chair of the State Party shall declare it to be opened, on the one-year anniversary of the last time the comment period was opened for revision.

 

1100.2.2 Once the First Comment Period has closed, the SPRC shall meet within twenty-one (21) days, and consider each and every comment or revision submitted, and consider any bylaw modifications or amendments it deems prudent and appropriate.  If appropriate, the comment or proposed revision may be adopted, modified, or rejected, and incorporated into proposed bylaw changes.  The SPRC may hold more than one meeting for these purposes during the period in question.  The SPRC shall respond and indicate why any proposed rule or comment was rejected or modified.  The SPRC shall, within the same period, send draft changes, and all comments received, out for an additional comment period of fourteen (14) days (“Second Comment Period”), by transmitting these changes to the State Party Executive Committee.

 

1100.2.3 Following the close of the Second Comment Period, the SPRC shall hold a final meeting or series of meetings, within fourteen (14) days of the close of the Second Comment Period, to consider any and all comments or suggested revisions received during the Second Comment Period, and may make such modifications to the proposed bylaw revisions as it deems prudent in response to the comments or suggested revisions received during the Second Comment Period. The SPRC shall, within the same period, send the final proposed changes, and all comments or revisions received in the Second Comment Period, to the State Party Executive Committee for action.

 

1100.2.4 The State Party Executive Committee shall meet to consider the final proposed changes, along with all comments or revisions received by the SPRC in the Second Comment Period, within thirty (30) days of transmittal to the State Party Executive Committee.  The State Party Executive Committee may: (i) adopt some or all of the proposed changes transmitted by the SPRC; (ii) reject some or all of the proposed changes transmitted by the SPRC; (iii) it may adopt any alternative proposal contained within any comment received by the SPRC during the Second Comment Period; (iv) it may amend, provided the scope of the amendment is either extraordinarily minor, or it lessens the scope of the proposal of the SPRC in terms of the burden upon party members or to increase their rights (i.e., if the proposal is to increase dues by $5, it would be in order to change this to a $2 increase); or (v) it may recommit certain of the proposed changes or bylaws for consideration and revision by the SPRC, with such changes or proposals the Executive Committee deems appropriate.  Other than recommitment with proposed changes, or amendments that comport with (iv) of this section, any other revisions, or amendments, from the floor, shall be out of order.

 

1100.2.5 On a recommitment by the Executive Committee, the SPRC shall meet within eight (8) days of a recommitment, to consider any recommitted item.  In that event, the SPRC shall consider the item and make a recommendation, and may propose alternates to the proposals at hand for consideration by the executive committee.  Within that same eight (8) day period, the SPRC shall send its recommendation back to the Executive Committee for action.  The procedures in 1100.2.4 shall then govern, with the Executive Committee proposal treated as a comment or revision that has been submitted.  Matters may be recommitted by the Executive Committee more than once.

 

1100.2.6 In the event that the SPRC shall fail to materially fulfill its obligations set forth in 1100.2.2 through 1100.2.5, without reasonable cause, the Chair shall so find at the next business meeting of the Executive Committee, those members of the SPRC other than those Constitutionally required shall be deemed to be removed from that committee, and amendments to the bylaws shall then be considered provided they were (i) submitted to the SPRC; and (ii) sent to the Executive Committee in writing at least seven (7) days prior to the meeting at which they are going to be considered.

 

19.3    1100.3        Recommended Constitutional changes

 

 1100.3.1 The SPRC shall have one or more meetings to consider, and propose, changes to the State Party Constitution, in advance of convention as provided herein.

 

 1100.3.2 Any Voting Member shall be entitled to submit to the SPRC proposed changes to the State Party Constitution, starting one hundred twenty (120) days prior to the state convention, and ending ninety (90) days prior to the state convention (“First Comment Period”).  The SPRC shall send notification of the opening of the comment period to the State Party Executive Committee, in advance of the First Comment Period.

 

 1100.3.3 Upon the close of the First Comment Period, the SPRC shall hold one more meetings to review and respond to all comments.  The SPRC shall consider any revisions to the Party’s Constitution it deems appropriate.  Not less than sixty (60) days prior to the state convention, the SPRC shall publish to the State Party Executive Committee, and to the Party’s website, proposed changes, as well as all comments received during the First Comment Period, and the SPRC’s response to those proposals.  Furthermore, the SPRC shall re-open the comment period, for a period of 14 days, for any Voting Member to respond to proposed changes or offer alternative proposals to any section of the Constitution, in which comments were received, or proposed modifications were made (“Second Comment Period”).

 

 1100.3.4 The SPRC shall hold one or meetings between the close of the Second Comment Period and the period thirty (30) days prior to the state convention, to consider comments made or received in the Second Comment Period.  The SPRC shall respond to all such comments, and may make proposed revisions in response to those comments.  At the conclusion of the process, the SPRC shall publish, not later than thirty (30) days prior to the state convention, (i) all comments received during the Second Comment Period; (ii) all responses to those comments by the SPRC; and (iii) a Rules Committee Report outlining all recommended changes following the Second Comment Period.

 

 1100.3.5 In the event that the SPRC shall fail to materially fulfill its obligations set forth in 1100.3.1 through 1100.3.4, the State Chair shall so find prior to the start of convention, or during the 30-day period preceding the convention and shall transmit that fact to the State Party Executive Committee.  Those members of the SPRC other than those Constitutionally required shall be deemed to be removed from that committee, and amendments to the Constitution shall then be considered at convention, provided they were (i) submitted to the SPRC; and (ii) sent to the Executive Committee in writing at least fourteen (14) days prior to the start of the state convention.

 

 1100.3.5 The Convention body may consider any and all proposals (i) contained in any comment received by the SPRC during the Second Comment Period (regardless of whether they were recommended or not), (ii) are the subject of any SPRC Report or minority report; (iii) the provisions of 1000.3.4 were triggered and are complied with; or (iv) the change or proposal either extraordinarily minor, or it lessens the scope of the proposal of the SPRC in terms of the burden upon party members or to increase their rights (i.e., if the proposal is to increase dues by $5, it would be in order to change this to a $2 increase).

19.41100.4                Other Committee referrals

 

For any proposal that involves significant action or changes to the party, including, without limitation, any policy or practice enactment, the committee shall first publish changes to the Executive Committee, and inform them of the ability to provide comments.  Any comment period shall be open at least seven days.  The committee shall then meet and make recommendations and fully consider, and respond to, the comments.

 

The State Party Executive Committee may: (i) adopt some or all of the proposed policy; (ii) reject some or all of the proposed policy; (iii) it may adopt any alternative proposal contained within any comment received by the committee during the comment period; (iv) it may amend, provided the scope of the amendment is to lessen the scope of the proposal in terms of the burden upon party members or to increase their rights; or (v) it may recommit certain of the proposed policy changes for consideration and revision by the committee, with such changes or proposals the Executive Committee deems appropriate.  Other than recommitment with proposed changes, or amendments that comport with (iv) of this section, any other revisions, or amendments, from the floor, shall be out of order.

 

201200 – Miscellaneous

 

20.11200.1                Waiver of bylaw requirements.  

 

Case by case waivers of any of the requirements of these bylaws may be granted by the State Party Executive Committee, by a 3/5 vote of the entire membership of the State Party Executive Committee.

Pin It on Pinterest