State Party Bylaws (suspended)

 
 
ARTICLE I

PRECEDENCE OF CONSTITUTION

The Constitution of the Constitution the Party of Maryland establishes the name, purpose and general membership requirements of this organization. The Constitution takes precedence over these Bylaws where there may be any conflict. The Constitution the Party of Maryland may hereinafter be referred to as the "Party."
 
 
ARTICLE II

POLICY

All applicable provisions of the Election Laws of Maryland shall be part of these Bylaws.
 
 
ARTICLE III

STATE CENTRAL COMMITTEE

Section 1: Membership
 
All members of the State Central Committee shall be members of the Party in accordance with the provisions of Article III of the Party’s Constitution. Membership of the State Central Committee shall be composed of five distinct bodies:
A. Executive Committee
1) State Chairman
2) State Vice Chairman
3) State Secretary
4) State Treasurer
 
B. Local Committee
1) The chairman of each organized County/Baltimore City Central Committees
C. National Committee
1) Members of the Constitution Party National Committee from Maryland
D. Elected Officials
1) Party members elected as Constitution Party candidates to partisan offices at the local, state or federal level  
E. Ex-Officio Member
1) The immediate past chairman of the Party
 
Section 2: Terms
 
A. Executive Committee shall be elected under the terms set forth in Article IV of these Bylaws.
 
B. Local Committee shall be elected by their respective committees in accordance with their respective rules and bylaws.
 
C. National Committee members may, from time to time, be appointed by the Chairman. Any appointment made, unless otherwise noted, shall expire upon the conclusion of the State Convention.
 
D. Elected officials shall be members while they hold the office to which they were elected. Membership shall cease should an elected official vacate his/her seat prior to the expiration of the term.
 
E. Ex-officio membership shall continue as long as the individual remains the immediate past chairman. Individuals who have been disqualified or removed as State Chairman are prohibited from serving in this capacity.
 
Section 3: Notice of Meetings
 
A. Meetings shall be at the call of the Chairman, or a majority of the State Central Committee.
 
B. Notice should be published to the Party’s official web site at least two weeks prior to the meeting. Written notice shall be given no less than fourteen (14) days from the scheduled meeting date.
 
C. The notice requirements may be fulfilled by U.S. Mail, e-mail, or as a meeting announcement from the floor of a previous State Central Committee meeting. Notice shall be considered given when delivered by U.S. mail, postage prepaid, to the address of record last on file with the State Central Committee, sent by electronic mail to the e-mail address last on file with the State Central Committee, or published and announced in a previous meeting’s agenda.
 
Section 4: Meeting Quorum
 
Fifty percent (50%) of the committee members then in office shall constitute a quorum.
 
Section 5: Vacancies
 
A. Executive Committee: A vacancy in the Executive Committee shall be filled in accordance with the provisions of Article IV, Section 5 of these Bylaws.
 
B. Local Committee: A vacancy in the Local Committee of an organized County or Baltimore City Central Committee shall be filled in accordance with according to the rules and bylaws of their respective committee.
 
1) One representative may be appointed by the State Chairman from each County that is not organized and officially recognized, or does not have a duly elected Chairman.
 
C. National Committee: A vacancy in the National Committee shall be filled by appointment by the State Chairman.
 
D. Elected officials: Vacancies of elected officials shall not be filled.
 
E. Ex-officio member: A vacancy in this position shall not be filled.
 
Section 6: Duties
 
A. Formulate and provide for the execution of such policies, plans, and measures as it may deem conducive to the best interest of the Party, and in conformity with the Party Constitution and Bylaws.
 
B. It shall call all regular and special State Conventions and make arrangements therefore, and make such rules as may be necessary, including the basis of representation, fees, and the time and place of the Convention.
 
C. Provide for the nomination of all candidates to the general election ballot by simple majority vote, authorizing the State Chairman and State Secretary to affix their respective signatures to the ‘Certificate of Nomination’ for each candidate’s affirmative committee vote.
 
Section 7: Removal from Office
 
A change in Party membership as set forth in Article III of the Party’s Constitution constitutes immediate disqualification from serving on the State Central Committee.
 
A. Executive Committee: Removal shall be in accordance with the provisions of Article IV, Section 7 of these Bylaws.
 
B. Local Committee: Removal shall be in accordance with the provisions of Article XII of these Bylaws. Members of this committee under Section 5(B)(1) of this serve at the pleasure of the Chairman, and may be removed, with or without cause, at any time.
 
C. National Committee: Members serve at the pleasure of the Chairman, and may be removed, with or without cause, at any time.
 
D. Elected Officials: A member is disqualified from serving should the official vacate the elected seat prior to the expiration of the elected term.
 
E. Ex-officio Member: Except as otherwise indicated, there is no addition provision for removal.
 
 
ARTICLE IV

EXECUTIVE COMMITTEE

Section 1: Membership

The Executive Committee shall consist of a State Chairman, a State Vice Chairman, a State Secretary and a State Treasurer.

Section 2: Election and Terms

The officers of the Executive Committee shall each be elected at a meeting of the State Central Committee held in conjunction with the State Convention, and shall serve a term beginning immediately following the conclusion of the State Convention, and the State Central Committee meeting held in conjunction with it, which term extends to the conclusion of the next following State Convention.

Section 3: Notice of Meetings

A. Meetings shall be at the call of the Chairman, or a majority of the Executive Committee.

B. Written notice of in-person meetings shall not be less than fourteen (14) days; no less than seven (7) days for conference call meetings. The notice requirements may be waived only by unanimous consent of the Executive Committee.

C. Notice shall be considered given when delivered by U.S. mail, postage prepaid, to the address of record last on file with the State Central Committee.

Section 4: Meeting Quorum

Seventy-five percent (75%) of the committee members then shall constitute a quorum. Revised: 05/13/2010

Section 5: Vacancies

Section 5: Vacancies

At its discretion, a seat may be declared vacant by the State Central Committee if an officer fails to attend three (3) consecutive Party meetings, or if an officer has failed to maintain active communication with the other members of the Executive Committee for three (3) consecutive months. A seat may also be declared vacant by resignation, removal, mental or physical incapacitation or death of the officer.

A. A vacancy in the office of State Chairman shall be filled by the Vice-Chairman who shall serve the remaining unexpired term of the vacating State Chairman.

A. A vacancy in the office of the State Vice-Chairman shall be filled by appointment of the State Chairman. The nominee shall serve the remaining unexpired term of the vacating Vice Chairman.

B. A vacancy in the office of State Secretary shall be filled by appointment of the State Chairman. The nominee shall serve the remaining unexpired term of the vacating State Secretary.

C. A vacancy in the office of State Treasurer shall be filled by appointment of the State Chairman. The nominee shall serve the remaining unexpired term of the vacating State Treasurer.

D. If the offices of State Chairman and Vice Chairman become vacant concurrently, a meeting of the State Central Committee shall be called by the State Secretary to choose successors. In that event, five (5) days notice will be sufficient to call a meeting of the State Central Committee of the Party.

Section 6: Duties

A. State Chairman

1) The State Chairman shall be the chief executive officer of the Party and the Chairman of the State Central Committee.

2) The State Chairman shall issue the call and preside at all meetings of the State Party.

3) The State Chairman shall observe and enforce the bylaws and policies of the Party.

4) The State Chairman shall appoint necessary staff members and all standing and special committees.

5) The State Chairman shall be an ex-officio member of all committees.

6) The State Chairman shall act as necessary to promote the functions of the Party.

7) The State Chairman shall be responsible for submitting to the state the names of all Presidential and Vice Presidential candidates selected by the National Convention of the Constitution Party.

8) The State Chairman shall appoint members of the Constitution Party of Maryland to represent the Party on the National Committee of the Constitution Party.

A. State Vice Chairman

1) The State Vice Chairman shall serve as the chairman pro tempore of the State Central Committee.

B. State Secretary

1) The State Secretary shall be the chief clerical officer of the Party.

2) The State Secretary shall record all the proceedings of the State Central Committee and the State Convention, which shall be the property of the committee.

3) The State Secretary shall perform other duties the State Chairman may prescribe.

C. State Treasurer

1) The State Treasurer shall keep the financial records of the party.

2) The State Treasurer shall be responsible for fulfilling federal, state and local financial disclosure requirements if applicable.

3) The State Treasurer shall perform other duties the State Chairman may prescribe.

Section 7: Removal from Office

A. The State Central Committee may remove any presiding officer from the Executive Board by a three-fourths (3/4) majority vote of the Party’s State Central Committee in place at that time, or by a two-thirds majority vote of the authorized delegates present at a specially-called State Convention.

B. Written notice of the intent to seek removal shall be submitted to the State Chairman or State Secretary at least forty-five (45) days in advance of any such meeting or Convention, and a report of such proposal to be included in any such meeting notice or call to convention.
 
 
ARTICLE V

VOTING

Voting, except for the election of officers, shall be by voice. A person holding multiple offices shall not be entitled to more than one vote, excluding proxies. Any voting member who wants to vote by proxy shall designate his proxy on a written form which shall be dated and signed.
 
 
ARTICLE VI

DELEGATES TO THE CONSTITUTION PARTY OF MARYLAND STATE CONVENTION

Delegates to the Constitution Party of Maryland State Convention shall be apportioned as follows:

A. One delegate vote for each member of the State Central Committee

B. One delegate vote for each Maryland Senate District

1) To be appointed by the State Chairman

C. One additional delegate vote for each Maryland county and/or Baltimore City local affiliate that is organized and officially recognized as a local Central Committee by the State Board of Elections.

1) To be assigned in accordance with the provisions of Article XII of these Bylaws.
 
 
ARTICLE VII

CONSTITUTION PARTY OF MARYLAND STATE CONVENTION

The State Convention shall be the meeting necessary for the proper conduct of Party affairs.

A. The State Convention shall be held in the quadrennial Maryland Gubernatorial election year, and shall be convened no earlier than the conclusion of the general election.

B. The call for the Convention shall be issued by the Chairman of the State Central Committee.

C. Notice of the State Convention shall be mailed to all State Central Committee members at least forty-five (45) days prior to the date of the Convention. Such notice shall specify the date, time and place for holding the Convention. Such notice shall be given by U.S mail, postage pre-paid.

D. Robert’s Rules of Order, Newly Revised shall govern the proceedings of the State Convention, and the rulings of the Chairman of the State Convention shall be the decision on the question before the body.

E. The purpose of the Convention shall be to elect the Executive Committee of the State Central Committee, to adopt a state party platform and to transact any other appropriate business.

F. The affirmative vote of a simple majority of the delegates present and voting at the State Convention shall be the act of the Convention.

G. The Chairman-pro tempore of the State Central Committee shall preside at the opening of the State Convention until a State Chairman is elected.
 
 
ARTICLE VIII

DELEGATES TO THE CONSTITUTION PARTY NATIONAL CONVENTION

A. Delegates to the Constitution Party National Convention are nominated by the State Chairman, subject to confirmation by a simple majority of the State Central Committee.

B. The State Chairman and State Secretary shall certify the names of the duly elected delegates and alternate delegates from Maryland to the National Convention of the Constitution Party and promptly forward said names to the appropriate person of the national party.
 
 
ARTICLE IX

NOMINATION OF PRESIDENT AND VICE PRESIDENT OF THE UNITED STATES TO THE GENERAL ELECTION BALLOT

A. The State Central Committee shall receive from the State Chairman, or appointed representative, the names of those nominated for President and Vice President by National Convention of the Constitution Party.

1) For the nomination of president and vice president to the Maryland general election ballot, the sole consideration shall be that of the Constitution Party National.

2) Said nomination shall be subject to confirmation by a simple majority of the State Central Committee.

3) The State Chairman and State Secretary shall be authorized to affix their respective signatures to the candidates’ ‘Certificate of Nomination.’
 
 
ARTICLE X

SELECTION OF PRESIDENTIAL ELECTORS

A. The State of Maryland’s ten (10) Presidential Electors shall be nominated by the State Chairman, subject to confirmation by a simple majority vote of the State Central Committee.

1) The State Chairman and State Secretary shall certify this nomination to the State Board of Elections in accordance with Maryland’s Election Law Article.
 
 
ARTICLE XI

NOMINATION OF CANDIDATES, OTHER THAN PRESIDENT AND VICE PRESIDENT, TO THE GENERAL ELECTION BALLOT

The consideration and execution of candidate nominations for all federal and state offices, other than President and Vice President of the United States, shall be brought before the State Central Committee by the coordinator, or authorized representative, of the Candidate Recruitment Committee. Such considerations shall be taken up as part of the agenda of a regularly scheduled meeting of the State Central Committee. The nomination process shall not commence prior to the deadline to file a ‘Declaration of Intent to Seek Political Party Nomination’ as prescribed by Maryland’s Election Law Article.

Section 1: Requirements of the Candidate Seeking Nomination

The candidate seeking party nomination shall provide to the Candidate Recruitment Coordinator, or an authorized representative no later than three (3) days prior to the nomination meeting:

A. A copy of his/her current valid Voter Notification Card issued by the appropriate local election board reflecting affiliation with the Constitution Party proper:

B. Evidence of having filed:

1) A ‘Declaration of Intent to Seek Party Nomination’.

2) A ‘Statement of Organization’ - establishing the candidate’s campaign finance entity.

3) A financial disclosure statement with the applicable local or state Ethics Commission.

4) With payment of the applicable filing fee for the office sought.

Section 2: Requirements of the State Central Committee

A. Nomination shall be by simple majority vote of the State Central Committee. An affirmative vote of the Committee shall authorize the State Chairman and Secretary to affix their respective signatures to the candidate’s ‘Certificate of Nomination.’

1) Upon a successful nomination, the State Secretary shall provide to the nominee a properly executed ‘Certificate of Nomination’.

Section 3: Requirements of the Nominee

Each nominated candidate bears the sole responsibility of receiving an executed ‘Certificate of Nomination’ from the State Secretary and delivering it to the appropriate Board of Elections location by the deadline prescribed by Maryland’s Election Law Article. It is only the filing of an executed ‘Certificate of Nomination’ that qualifies an individual for the ballot. This, in conjunction with the submission of those required filings as detailed in Section 1 of this Article, will create for the candidate a ‘Certificate of Candidacy,’ which makes the candidate eligible to be placed on the General Election ballot.

Section 4: Filling a Party Nomination Vacancy

To fill a vacancy in the Party nominations for such offices, a simple majority vote of the State Central Committee will be necessary and sufficient.

Section 5: Nomination of Municipal and County/Baltimore City Candidates

A. Nominations of candidates seeking elected office in a municipality or county/Baltimore City partisan election in where that county/Baltimore City has both an organized and officially recognized Central Committee shall be filled in accordance with the rules and bylaws of that respective committee.

B. In the absence of an organized and officially recognized County/Baltimore City Central Committee, nominations of candidates seeking elected office in municipality or county/Baltimore City partisan elections shall be filled in accordance with the provisions of Sections 1-4 of this Article.
 
 
ARTICLE XII

RULES FOR THE COUNTIES AND BALTIMORE CITY

A. The counties and Baltimore City may adopt their own rules and bylaws, subject to approval by the State Central Committee. In the absence of such bylaws, this Constitution and Bylaws shall govern.

1) The officers of these County and Baltimore City Central Committees shall be selected by their respective Central Committees, also in accordance with the Election Laws of the State of Maryland.

B. The membership of the Central Committees of the counties and of Baltimore City shall be limited to the residents of the jurisdictions being represented by these Central Committees in accordance with the Election Laws of the State of Maryland.
 
 
ARTICLE XIII

PARLIAMENTARY AUTHORITY

The current edition of Robert’s Rules of Order, Newly Revised shall govern the Party whenever they are applicable and not inconsistent with this Constitution and Bylaws and the Election Laws of Maryland.
 
 
ARTICLE XIV

TIE VOTES

Votes that end in equal numbers shall be decided by vote of the State Chairman.
 
 
ARTICLE XV 

FISCAL YEAR

The Fiscal Year of the Party shall follow the calendar year: commencing January 1 and concluding December 31 of that same year.
 
 
ARTICLE XVI

USE OF PARTY NAME

A. No individual, group of individuals or organization may use the name, address or emblem of the Party in any manner, without the expressed written consent of the State Chairman.

B. No individual, group of individuals or organization may use any internet domain name, web address or redirect for the purpose of misrepresentation or deception.
 
 
ARTICLE XVII

METHODS AND PROCEDURES

The Executive Committee may, from time to time, adopt certain methods and procedures for the purpose of facilitating the formation and execution of the provisions set forth in the Constitution and these Bylaws.
 
 
ARTICLE XVIII

AMENDMENT OF BYLAWS

A. These Bylaws may be amended at any meeting by a three-fourths (3/4) majority vote of the Party’s State Central Committee in attendance at that meeting, or by a two-thirds majority vote of the authorized delegates present at the State Convention.

1) Written notice of the proposed amendment(s) shall be submitted to the State Chairman at least thirty (30) days in advance of any such meeting or Convention, and a report of such proposal to be included in any such meeting notice or call to convention.

B. Any revisions to these Bylaws shall become in full force and effect thirty (30) days following the passage of any such amendments.