BYLAWS for THE LIBERTARIAN PARTY OF CHATHAM COUNTY, GEORGIA As Adopted ________________________, 2004. ARTICLE 1 - NAME The name of this organization shall be the Libertarian Party of Chatham County, hereinafter abbreviated as "LPCC." ARTICLE 2 - MISSION The mission of the LPCC is to move public policy at all levels in a Libertarian direction as it affects Chatham County, Georgia. ARTICLE 3 - PRINCIPLES AND OBJECTIVES We the members of the LPCC adopt the principles and objectives of the Libertarian Party of Georgia (LPGa) as declared in the Bylaws of the LPGa and the Statement of Principles from the national Libertarian Party. ARTICLE 4 - MEMBERSHIP A. The LPCC shall not deny membership or the privileges thereof to anyone on the basis of race, color, gender, national origin, religion, creed, age, or sexual orientation. B. Requirements Membership in the LPCC shall be open to any individual who meets all of the following criteria: (1) subscribes to the principles and objectives of the Libertarian Party; (2) shall affix their signature in affirmation of the following primary Libertarian Party Principle: "I hereby certify that I do not believe in or advocate the initiation of force as a means of achieving political or social goals." (3) pays such dues as may be required in accordance with Section D of this article; AND (4) resides within Chatham County, or if not, is approved by a majority of the Executive Committee of the LPCC. The LPCC recognizes only individual memberships. e.g., joint-, family-, and business-memberships shall not be recognized. C. Honorary Membership By a majority vote of the members present, the membership of the LPCC can direct the LPCC Executive Committee to bestow an honorary membership to any individual for his/her support and promotion of the principles and objectives of the LPCC. Any rights or privileges of a normal membership shall be withheld, unless the individual elects to meet the requirements set forth in Section B of this article. D. Dues Dues for membership in the LPCC shall be set by a majority vote of LPCC members present. E. Expiration of Membership (1) A member's anniversary date shall be defined as the date on which that member first signed the LPCC application and submitted any required dues to the Vice-Chair unless their membership has lapsed for more than 6 months. If such a lapse occurs, a new membership form shall be required and a new anniversary date shall be set. (2) A membership in the LPCC shall expire on the individual's anniversary date with dues for the following year being payable up to the first day of the following month. (3) The procedures for notification of membership expiration shall be set by the Executive Committee of the LPCC. F. Suspension The Executive Committee of the LPCC may, by a majority vote of the members present and upon 10 days written notice, suspend the membership of any member other than a member of the Executive Committee, for a period of up to one year, who publicly uses the LPCC name in support of any policy, position, or objective, which, in the opinion of the Committee, is contrary to the Mission, Principles, or Objectives of the LPCC, most particularly the primary Libertarian Party Principle set out in ARTICLE 4 Section B. Written notice shall set forth in detail the exact nature of the alleged violation as well as those who are making the accusation. The accused shall have the right to confront his accusers before the Executive Committee at the meeting during which the vote on his suspension is taken, and to present any evidence, witnesses, or arguments relevant to his case. During the period of suspension, the suspended member continues to enjoy the rights and privileges of the membership except that he may not publicly use the LPCC name in support of any policy, position, or cause. G. Voting Eligibility of members To vote a member must be at least 18 years of age, must be an active member, and must have been a member of the LPCC for a period of at least 60 days prior to the vote. An active member must be is someone who has attended 2/3 of the meetings or activities deemed as acceptable by the executive committee over the past quarter. ARTICLE 5 - OFFICERS A. Titles The titles of the elected officers of the LPCC shall be: Chair, Vice-Chair, Secretary, and Treasurer. B. Eligibility (1) All candidates for LPCC office must be members of the Libertarian Party of Georgia and of the Libertarian Party of Chatham County and be of at least 18 years of age. (2) No person who is a card-carrying and/or dues-paying member of any political party in the United States other than the Libertarian Party or one of its affiliates is eligible to hold an office in the LPCC. (3) Except in the case of a dual nomination as addressed in CANDIDATES FOR PUBLIC OFFICE, no candidate for LPCC office may be a declared candidate for public office for any political party in the United States other than the Libertarian Party or one of its affiliates. (4) Candidates for LPCC office must reside in Chatham County and must have resided in Chatham County for a period of at least 60 days prior to assumption of the office. (5) No person whose membership has been suspended by the Executive Committee or the LPCC may be elected, continue to hold office, or appointed to LPCC office until and unless the suspension is expired. (6) Any LPCC officer who ceases to meet these requirements during his/her term of office shall be officially notified of this fact in writing by the other members of the Executive Committee within 72 hours of discovery. The subject officer must either resign or correct the deficiency within 72 hours of receipt of such notice. A failure to do so results in the deficient officer's automatic termination. This termination is effective immediately and for the remainder of the term of office and cannot be appealed. The deficient officer may not vote on Executive Committee matters until and unless the deficiency is corrected. C. Duties (1) Chair - The Chair shall be the chief executive officer of the LPCC and shall be responsible for directing the party toward accomplishment of the Mission stated in ARTICLE 2. The Chair shall preside at all meetings of the LPCC and the LPCC Executive Committee, and may direct other officers. The Chair shall, with inputs and assistance from the other LPCC officers, annually prepare a brief written report to the Executive Committee of the Libertarian Party of Georgia. This report should be submitted prior to the Annual Convention of the LPGa, but shall be submitted not later than 4 weeks after the LPCC Annual Convention. The Chair shall either attend all LPGa Executive Committee meetings or shall designate an LPCC representative to attend. If such arrangements can be made with the LPGa Executive Committee, such attendance can be via teleconference or videoconference, but only so long as fully effective communication is maintained. The Chair or designated representative shall, at regularly scheduled meetings, provide oral reports to the LPCC concerning the activities of the LPGa Executive Committee. The Chair shall, with the Secretary, be a required signatory on all contracts into which the LPCC enters. (2)Vice-Chair – The Vice-Chair shall perform duties of the Chair in the event of the Chair's absence or resignation. The Vice-Chair shall be responsible for maintaining a working knowledge of Chatham County election laws and procedures, especially as they apply to ballot access, filing procedures, eligibility requirements, deadlines, etc. The Vice-Chair shall maintain a list of all elective public offices in Chatham County including terms of office and current office holders. The Vice-Chair shall perform other such duties as are delegated by the Chair. The Vice-Chair shall keep a database of the members of the LPCC that includes, at a minimum, each member's mailing address, anniversary date, renewal status, age, birth date, and county voting precinct. The Vice-Chair shall also keep a database of membership "prospects" that contains, at a minimum, some means of contacting each prospect. The Vice-Chair shall provide membership and prospect information to the Executive Committee on request. The Vice-Chair shall proactively inform the Executive Committee of membership expirations that are imminent and of any membership resignations. The Vice-Chair shall receive and collect "prospect" information from any and all reasonable sources and shall ensure that all prospects are recorded. The Vice-Chair shall respect the wishes of any membership prospect who requests removal from LPCC prospect list(s). The Vice-Chair shall provide a written and oral report at the LPCC Annual Convention summarizing membership and prospect activities for the preceding year. The Vice-Chair shall certify the voting credentials of all eligible members in attendance at the LPCC Annual Convention. The Vice-Chair shall be the head of the Membership Drive Committee, if one is established. (3) Secretary - The Secretary shall be the recording officer of the LPCC. At each regular meeting, Executive Committee meeting, and LPCC Annual Convention, the Secretary shall keep written minutes and shall present the minutes of the previous meeting of the same kind for approval. The Secretary shall call the roll of voting members and shall keep an accurate tally of all votes; the Secretary may appoint assistants for this purpose. The Secretary shall also assist the Chair with correspondence as directed. The Secretary shall, with the Chair, be a required signatory on contracts into which the LPCC enters. The Secretary shall be responsible for filing all changes to these Bylaws with the LPGa and/or the County of Chatham, as required. The Secretary shall keep copies of all minutes kept, votes taken, correspondence sent, and Bylaws changed during his/her term of office and shall provide such records to his or her successor. The Chair may appoint another officer or member to be Acting-Secretary for a single meeting if the Secretary is absent. Such appointment doesn't convey voting rights or authority to sign contracts to the Acting-Secretary. (4) Treasurer - The Treasurer shall be the chief financial officer of the LPCC. The Treasurer shall receive, expend, and administer the funds of the LPCC as directed by the Executive Committee. The Treasurer shall keep an accurate accounting of all receipts and expenditures. The Treasurer shall present a written report on the financial status of the LPCC at each LPCC Annual Convention and at any other time as may be required by the Executive Committee. The Chair may appoint another officer or member to be Acting-Treasurer to receive funds for a single meeting if the Treasurer is absent. Such an appointment does not convey the voting rights of the Treasurer or the right to expend funds to the Acting-Treasurer. The Treasurer shall receive and give receipts for all funds paid to the LPCC and shall deposit same in such banks as shall be designated by the LPCC Executive Committee. The Treasurer shall report at each meeting of the LPCC or at any other time as may be required by the Executive Committee. Funds shall be expended only in accordance with regulations and a budget established and approved by the Executive Committee. D. Nominations (1)Nominations of all Officers elected by the LPCC shall be from the floor during a business meeting of the LPCC or of the Executive Committee. (2)Nominations for officers will be accepted at any business meeting, up to and including the meeting at which officers are to be elected. Nominations will be accepted in person from the floor of the meeting, or in writing if received within the above time frame. All nominations are contingent upon the agreement of the nominee, either orally or in writing. (3)Nominations for Officers must be proposed by any two members of the LPCC, either of which may be the nominee. (4)"None of the Above" shall be automatically considered a candidate on any ballot for Officer elections. In the event that “None of the Above" receives the most votes, the election will be declared void and nominations will be re-opened for a new election. (5)Elections Officers shall be elected at a business meeting of the LPCC after January 1 and prior to the Annual Convention of the LPGa. E. Terms of Office All elected officials shall serve for the approximately one year period between successive LPCC Annual Conventions. F. Vacancy and Succession (1) In the event of the temporary inability of the Chair to perform his/her duties, said duties shall devolve upon the Vice-Chair. (2) In the event of a vacancy in the office of Chair, the Chair shall be assumed by the Vice-Chair. The Executive Committee must then appoint an Acting Vice-Chair within 15 days of this vacancy. The Acting Vice-Chair shall serve the remainder of the term of the Vice-Chair. (3) In the event of a vacancy in the office of Secretary, Treasurer, or Vice-Chair, the Executive Committee must, within 15 days of the vacancy, appoint a member to fill the vacancy and perform the duties of the office. All appointed members shall serve the remainder of the term of office to which they are appointed. (4) All members appointed under this Bylaw must meet the eligibility requirements stated in ARTICLE 4 Section B. (5) An appointment made under this Bylaw conveys full Executive Committee voting privileges to the appointee. G. Recall of an Officer (1) Any five LPCC members in good standing may request the recall of an elected Officer of the LPCC by written petition to the Executive Committee. This petition must be based upon and must contain evidence of the subject Officer's willful or persistent dereliction of duty, or violation of these Bylaws, or evidence that the elected Officer publicly used the LPCC name in support of any policy, position, or objective, which, in the opinion of the accusers, is contrary to the Mission, Principles, or Objectives of the LPCC, most particularly the primary Libertarian Party Principle set out in ARTICLE 4 Section B. The petition shall set forth in detail the exact nature of the alleged violation as well as those who are making the accusation. (2) Within 72 hours of receipt of a recall petition, the Executive Committee shall collect from the petitioners a recall petition deposit in the amount of $1.00 for each LPCC member eligible to vote to defer the anticipated cost of mailing a recall election ballot to each member. (3) Within 10 days of receipt of the recall petition deposit, the Executive Committee shall solicit a written response to the charges from the subject Officer via either personal service of process with a witness or via certified mail, return receipt requested. Failure of the subject Officer to respond within 72 hours after service of process shall be tantamount to resignation of the office. The subject Officer may also, within 72 hours after service of process, request a hearing before the assembly which shall occur within 20 days of initial receipt of the petition. (4) The Executive Committee shall prepare a recall election ballot containing both the petitioners' charges and the subject Officer's response. This ballot shall be mailed to all members within 30 days of initial receipt of the petition. On this ballot, each member will be asked to submit within 15 days of the mailing a vote with their signature, either to retain or to remove the subject Officer. Failure by a member to respond by the deadline shall be counted as a vote in favor of retention by that member. (5) The ballot will be returned by mail to the Secretary unless the Secretary is the one being recalled, in which case the ballot will be returned by mail to the Chair. The vote will be counted by the Executive committee as a group. A 2/3 majority vote of the members, with their signature, shall be required to recall any Officer. (6) The vote will be put into the minutes and subject to approval at the next regular meeting. (7) If the recall election results in a recall, the subject Officer shall relinquish his/her office immediately, and the office shall be filled in accordance with the VACANCY AND SUCCESSION article, with the exception that the recalled officer is not eligible for appointment to the same office. ARTICLE 6 - CANDIDATES FOR PUBLIC OFFICE A. Eligibility (1) All candidates for public office seeking nomination by the LPCC must be members of the Libertarian Party of Georgia and of the Libertarian Party of Chatham County for a period of at least 60 days prior to seeking the nomination. (2) No person who is a card-carrying or dues-paying member of any political party in the United States other than the Libertarian Party or one of its affiliates is eligible for nomination for public office by the LPCC. (3) No person whose membership has been suspended by the Libertarian Party of Georgia or the LPCC may be nominated for public office by the LPCC until and unless the suspension is expired. B. Dual Nominations LPCC nominees for public office may seek concurrent nomination by another political party (dual nomination) without forfeiting their LPCC nomination or membership as long as they continue to meet the eligibility requirements of the LPCC. Prior nomination by another party or intention to seek a dual nomination must be disclosed to the LPCC Annual Convention prior to the LPCC nomination vote. Failure to make such disclosure shall result in forfeiture of the LPCC nomination and may result in suspension of membership. ARTICLE 7 - MEETINGS A. LPCC Annual Convention (1) The LPCC shall have a convention no earlier than January 1 and no later than the end of February of each year to elect a county delegate (or delegates) to the LPGa Convention. Delegates shall meet the qualifications as defined by the bylaws of the LPGa. (2) All elections of officers, nomination of candidates for public office, and changes to these Bylaws must take place at this Annual Convention or at Special Conventions defined in Section B of this Article. (3) The Executive Committee shall set the schedule and location of the Annual Convention. (4) The Executive Committee must inform all members of the schedule, location, and known agenda items for the Annual Convention in writing at least 30 days prior to the date of the Convention. (5)For purposes of the Annual Convention, a quorum shall consist of the presence of 3/4 of the Executive Committee with total members present (including Executive Committee members) of not less than 10 percent of the total LPCC resident membership. (6) All LPCC members meeting the requirements set forth in Article 4, and who attend the Annual Convention shall be eligible to vote on all Convention business. No votes by proxy shall be permitted. Only members eligible to vote (at least 18 years of age) shall be permitted to attend the LPCC Annual Convention to avoid confusion of the vote count. B. Special Convention (1) A Special Convention for the purpose of considering urgent business may be called by the Executive Committee on 30 days written notice to all members. (2) The agenda for any Special Convention must accompany such written notice and no items except those on that agenda may be considered. (3) For purposes of the Special Convention, a quorum shall consist of the presence of 3/4 of the Executive Committee with total members present (including Executive Committee members) of not less than 10 percent of the total LPCC resident membership. (4) All LPCC members meeting the requirements set forth in Article 4 who attend a Special Convention shall be eligible to vote on all Special Convention business. No votes by proxy shall be permitted. Only members eligible to vote (at least 18 years of age) shall be permitted to attend the Special Convention to avoid confusion of the vote count. C. Executive Committee Meetings (1) The Executive Committee may meet as necessary to carry out the routine operations of the LPCC. (2) Such meetings shall be open to attendance by any member of the LPCC. (3) Regardless of the number of members of the Executive Committee present at a meeting, the Executive Committee shall not expend funds, set/change meeting dates/times, suspend a member, or set/change dues requirements without agreement of a majority of the full Executive Committee. (4)The Executive Committee shall be responsible for adequately publicizing all meetings so that all members are aware of their dates, times, and locations, and have opportunity to plan to attend. (5)For purposes of the Executive Committee Meetings, a quorum shall consist of the presence of 3/4 of the Executive Committee. D. Other Meetings (1) Other meetings of the LPCC may be held throughout the year. (2) The Executive Committee on consultation with the active members shall determine the time(s), location(s), and agenda(s) of such meetings. (3) Such meetings shall be open to attendance by any member of the LPCC. (4) The Executive Committee shall be responsible for adequately publicizing all meetings so that all members are aware of their dates, times, and locations, and have opportunity to plan to attend. (5)For purposes of the other LPCC meetings, a quorum shall consist of the presence of 3/4 of the Executive Committee with at least 5 resident members present including the Executive Committee. (6)All LPCC members meeting the requirements set forth in Article 4 in attendance and at least 18 years of age shall be eligible to vote on any LPCC business conducted. ARTICLE 8 - VOTING PROCEDURES Article VI -- Voting Procedures A. Simple Majority. At all LPCC meetings, votes by mail, or votes by other means, a motion shall be passed on the affirmative vote of 50% of the voting members, plus one additional affirmative vote unless otherwise directed elsewhere in these bylaws. B. Voting Methods (1) General Consent. Business can be expedited greatly by avoiding the formality of motions and voting in routine business and on questions of little importance, the chair assuming general (unanimous) consent until some one objects. It does not necessarily mean that every member is in favor of the motion, but, that knowing it is useless to oppose it, or even to discuss it, the opposition simply acquiesces in the informality. Thus, in the case of approving the minutes, the chair inquires if there are any corrections, and, if one is suggested, it is made: when no correction [or no further correction] is suggested, the chair says: “There being no corrections [or no further corrections] the minutes stand approved.” While routine and minor matters can be rapidly disposed of in this way, if at any time objection is made with reasonable promptness, the chair ignores what has been done in that case even if he has announced the result, and requires a regular vote. (2) Regular Vote. The regular method of voting by this organization shall be by mixed written ballot, a term defined by these bylaws to mean a written ballot whereby the voter decides to either sign their name to their written vote or not sign their name. When the vote is taken by ballot during a meeting of the assembly, as soon as the chair thinks all have voted who wish to, he inquires if all have voted, and if there is no response he declares the polls closed, and the Executive Committee proceeds to count the vote. The written vote and the name of the person casting the vote, if available, shall be submitted, counted, and recorded on a written list which is recorded in the minutes. All votes are to be counted in full view of the assembly and held up for all to see. (3) Division of the Assembly. A Division of the Assembly may be called for, without obtaining the floor, at any time after the question has been put, even after the vote has been announced and another has the floor, and it is called for before another motion has been made. This call, or motion, is made by saying, “I call for a division,” or “I doubt the vote,” or simply by calling out, “Division.” It does not require a second, and cannot be debated, or amended, or have any other subsidiary motion applied to it. As soon as a division is called for, the chair proceeds again to take the vote, this time by Yeas and Nays, (Roll Call). Any member has the right to insist upon a division. (4) Yeas and Nays, (Roll Call). When a vote has been ordered to be taken by yeas and nays [see 'Division of the Assembly' for the motion] the Chair puts the question in a form similar to this: “As many as are in favor of the adoption of these resolutions will, as their names are called, answer yes [or yea]; those opposed will answer no [or nay].” The Chair then directs the Vice-Chair, (the Secretary, if Vice-Chair is not present or defers this responsibility to the Secretary), to call the roll. The negative being put at the same time as the affirmative, it is too late, after one person has answered to the roll call, to renew the debate. The Vice-Chair calls the roll, and each member, as his name is called, rises and answers “yes” or “no,” or “present” if he does not wish to vote, and the Vice-Chair notes the answers in separate columns. Upon the completion of the roll call the Vice-Chair reads the names of those who answered in the affirmative, and afterwards those in the negative, and then those who answered “present,” that mistakes may be corrected; he then gives the number voting on each side to the Chair, who announces the result. An entry must be made in the minutes of the names of all voting in the affirmative, and also of those in the negative, and those who answered “present.” A convenient method of noting the answers at the roll call is to write the figure 1 on the left of the name of the first member answering in the affirmative, the figure 2 to the left of the second name in the affirmative, and so on. The negative answers are treated similarly, being entered on the right of the names, and those answering “present” should be entered similarly in a third column. In this way the last figures on each side at any time show how the vote stands at that time. The yeas and nays must be ordered by the Executive Committee in full view of the assembly. C. Election of Officers (1) Officers shall be elected on a simple majority vote of the members present at the LPCC Annual Convention. If no candidate receives a simple majority on the first vote, the candidate receiving the fewest votes (other than "None of the Above") shall be struck from subsequent ballots. This procedure shall be repeated until one candidate receives a simple majority. (2) Votes cast for "None of the Above" shall be valid. Should a majority of votes be cast for "None of the Above" the position shall be declared vacant and shall be filled in accordance with Article 4 Section D with the exception that none of the losing candidates shall be considered to fill the vacant position. D. Candidates for Public Office (1) Candidates for Public Office shall be nominated on a simple majority vote of the members present at the LPCC Annual Convention. If no candidate receives a simple majority on the first vote, the candidate receiving the fewest votes (other than "None of the Above") shall be struck from subsequent ballots. This procedure shall be repeated until one candidate receives a simple majority vote of the members present. (2) Votes cast for "None of the Above" shall be valid. Should a majority of votes be cast for "None of the Above" the LPCC shall have no candidate for the Public Office under consideration. E. Other Business All other business of the LPCC not involving amendment or repeal of these Bylaws shall be decided on simple majority votes of the members present. ARTICLE 10 - EXECUTIVE COMMITTEE A. Definition The Executive Committee of the LPCC shall consist of: Chair, Vice-Chair, Secretary, and Treasurer. No offices of the Executive Committee shall be combined. No individual may hold more than one Executive Committee office. B. LPCC Executive Committee When the term "Executive Committee" is used in these bylaws, it shall refer to the Executive Committee of the LPCC unless otherwise stated. C. Each Executive Committee member shall have one vote on the Committee. No voting by proxy shall be allowed. D. The Executive Committee may, at the direction of the LPCC members, perform any duty or assume any responsibility belonging to the LPCC for any period of time within the administration of a given Executive Committee; all such authorization shall expire upon the installation of a new Executive Committee. E. Attendance at meetings of the Executive Committee are mandatory for all Executive Committee members. Failure to attend an Executive Committee meeting may result in a fine as established by the Executive Committee, which if not paid within 30 days results in that officer's immediate removal from office. F. All meetings of the Executive Committee shall be open for observation to all members of the LPCC. G. The Executive Committee shall have at least one business meeting per year. ARTICLE 11 - FINANCE The LPCC shall not borrow money for any purpose. ARTICLE 12 - AMENDMENT & REPEAL PROCEDURE A. Any member may propose any amendment to, or repeal of any section of, these bylaws at any business meeting of the LPCC if such amendment or repeal proposal is presented in writing to the Secretary during the meeting and if such proposal is requested and signed by three resident eligible-to-vote LPCC members. B. Proposed amendments to, or repeal of any section of, any of these bylaws, if approved by simple majority vote of the Executive Committee, shall be entered on the agenda of the next Convention held, either Annual or Special where it shall be presented for a vote. C. The Secretary shall make available the text of said changes, in writing, to each member of the LPCC between 60 and 30 days prior to the next Convention. D. In any amendment or repeal vote, a two-thirds majority vote of the members present shall be necessary for adoption. E. Any amendment to these bylaws shall be filed with the Elections Superintendent of the county. ARTICLE 13 - PARLIAMENTARY AUTHORITY The rules contained in the current edition of Robert's Rules of Order - Summary Version (http://www.robertsrules.org) shall govern the LPCC in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the LPCC may adopt. We, the undersigned, do hereby certify that these bylaws are exactly as amended and adopted by simple majority vote by the Libertarian Party of Chatham County in Convention on December 27, 2004. Affidavit of Formation of The Libertarian Party of Chatham County, Georgia The undersigned, being official members of the Libertarian Party of Georgia, and making their primary residence in Chatham County, GA, do hereby petition the LPGA to form the Libertarian Party of Chatham County, Georgia affiliate. ________________________________________________________________________ CHAIR-name signature ________________________________________________________________________ CHAIR-address date ________________________________________________________________________ VICE-CHAIR-name signature ________________________________________________________________________ VICE-CHAIR-address date ________________________________________________________________________ SECRETARY-name signature ________________________________________________________________________ SECRETARY-address date ________________________________________________________________________ TREASURER-name signature ________________________________________________________________________ TREASURER-address date Approved by: __________________________________ Date:___________________