RULES AND BYLAWS of the
CONSTITUTION PARTY of TEXAS
~ Texas Affiliate of the national Constitution Party ~
ARTICLE I - NAME
The name of this organization will be the "Constitution Party of Texas," hereinafter referred to as the "Party." For purposes of acting as a state committee under Federal Election Laws and the rules and regulations of the Federal Election Commission, the committee will be known as the "Constitution Party of Texas - State Committee."
ARTICLE II - PURPOSE
The purpose of the Party is to develop an informed, energetic, and effective statewide political organization in order to support the principles, goals, and platform of this Party as adopted by its Convention and of the National Convention of the Constitution Party and to secure the election of all duly nominated candidates thereof.
ARTICLE III - POLICY
All applicable provisions of the Texas Election Code will be part of these bylaws.
ARTICLE IV - MEMBERSHIP
Membership of the Party will consist of all persons who are registered voters under the laws of the State of Texas who have declared their affiliation with the Party and who have paid their annual dues as set forth by the State Executive Committee. All non-dues paying members will be known as Associate Members.
ARTICLE V - STATE EXECUTIVE COMMITTEE
SECTION A: Membership
The membership of the State Executive Committee will be composed of the State Chairman, State Vice Chairman, State Secretary, State Treasurer, State Development Director, the Chairman of each of the seven Regions of the state (if organized), and the members of the Constitution Party National Committee from Texas. All members of the State Executive Committee will be registered voters affiliated with the Constitution Party of Texas.
SECTION B: Election and Terms
1. The State Chairman, State Vice Chairman, State Secretary, State Treasurer, and National Committee members will each be elected by the State Convention for a term of four years or until a successor is elected.
2. The Chairman, Vice Chairman, and Secretary of each organized Region Executive Committee will be elected in accordance with the rules and bylaws of their respective organizations.
3. The Chairman, Vice Chairman, and Secretary of each organized County Executive Committee will be elected in accordance with the rules and bylaws of their respective organizations.
SECTION C: Vacancies
1. A vacancy in the office of State Chairman will be filled by the Vice Chairman who will serve the remaining unexpired term of the vacating State Chairman.
2. A vacancy in the office of any member of the State Executive Committee will be filled by appointment of the State Chairman, subject to confirmation by the State Executive Committee. The nominee will serve the remaining unexpired term of the vacating State Executive Committee member.
SECTION D: Duties
1. State Executive Committee
a. The State Executive Committee will 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 state Party Bylaws.
2. State Chairman
b. It will call all regular and special State Conventions and make arrangements therefor, including the basis of representation, the time and place.
c. It will adopt all rules and Bylaws or amendments to rules and Bylaws for the Party except as provided for in Article XIV.
a. The State Chairman will be the chief executive officer of the Party and Chairman of the State Executive Committee.
3. State Vice Chairman
b. The State Chairman will issue the call and preside at all meetings of the Party.
c. The State Chairman will observe and enforce the rules and Bylaws of the Party.
d. The State Chairman will appoint necessary staff members and all standing and special committees.
e. The State Chairman will be ex officio a member of all committees.
f. The State Chairman will act as necessary to promote the functions of the Party.
a. The State Vice Chairman will become the State Chairman in the event of a vacancy in that office.
4. State Secretary
b. The State Vice Chairman will perform other duties the State Chairman may prescribe.
a. The State Secretary will be the chief clerical officer of the Party.
5. State Treasurer
b. The State Secretary will record all proceedings of the State Executive Committee and the State Convention, which will be the property of the Committee.
c. The State Secretary will perform other duties the State Chairman may prescribe.
a. The State Treasurer will keep the financial records of the Party.
SECTION E: State Executive Committee Meetings
b. The State Treasurer will be responsible for fulfilling federal, state, and local financial disclosure requirements, if applicable.
c. The State Treasurer will, at the direction of the State Chairman, issue all checks in payment of Party obligations.
1. The State Executive Committee will hold three regularly scheduled meetings each year, normally on the first Saturday in the months of February, June and October. The State Chairman will call the meetings by written notice which must be mailed to all State Executive Committee members and postmarked no less than fourteen days prior to the meeting. The call for the meeting must include an agenda and any amendments to the Bylaws that will be considered during the meeting. The fourteen day pre-notification requirement for calling a State Executive Committee meeting may be waived if all members of the State Executive Committee agree to waive the requirement.
2. Special meetings can be called by the State Chairman or by action of a majority of the members of the State Executive Committee with the same pre-notification requirements as previously stated in part one above.
3. A quorum is needed to conduct any business. A majority of the Committee will constitute a quorum. A majority vote of those present is needed to enact any business discussed at the meeting.
4. The State Executive Committee may, without meeting together, transact business by telephone conference call, by voting on questions or issues submitted to them by the Chair or with the approval of the Chair or by a majority of the members of the State Executive Committee. Notice of the time of all conference calls shall be given to all members of the State Executive Committee not less than 24 hours prior to each conference call.
ARTICLE VI - VOTING
Voting, except for the election of officers, will be by voice. A person holding multiple offices will not be entitled to more than one vote, excluding proxies. Any voting member who wants to vote by proxy will designate his proxy on a written form which will be dated and signed. A quorum for any precinct, county, or region committee or the State Executive Committee will consist of a majority of the members of said committee.
ARTICLE VII - FINANCES
1. The State Executive Committee is authorized to approve fund raising activities in support of its programs and operations.
2. The Constitution Party of Texas will not incur financial obligations until monies are collected sufficient to cover such obligations. Any financial commitments more than $2000 will be in written form and approved by the State Executive Committee.
3. Expenditures up to $200 may be authorized by the State Treasurer. Expenditures in excess of $200 but less than $2000 must be in written form and authorized by the State Chairman or Vice-Chairman.
ARTICLE VIII - CANDIDATES
1. Members of the Party desiring to run for elective office in the State of Texas must apply for Approval of Candidacy to the State Executive Committee for all offices not within one particular county. For offices within one particular county, application for Approval of Candidacy must be made to the Regional Chairman. In the absence of a Regional Chairman the application will be made to the State Executive Committee.
2. The application for Approval of Candidacy must include:
a. A letter of agreement to the candidacy from the spouse of the applicant.
b. A letter of recommendation for the candidacy from a current or former authority over the applicant (ie. parent, pastor, or employer.)
c. A signed commitment of support from a minimum of fifteen individuals not of the applicant's immediate family.
d. A signed agreement by the applicant to conduct the campaign by the following principles and any others the State Executive Committee may deem prudent: i) The Candidate, The Candidate's campaign organization, or any persons associated with the Candidate's campaign may not incur any debt for the purpose of gaining the Candidate's election. ii) The Candidate must be in support of the Platform, goals and principles of the Constitution Party of Texas.
e. All applicants not approved for candidacy may not associate their campaigns with the Constitution Party of Texas nor the national Constitution Party and are not eligible for financial assistance from the Party.
3. If a candidate who has made an application to be nominated withdraws, dies, or is declared ineligible, the filing deadline for applications for nomination for that office is reopened and extended until 11:59 pm of the day before the date of the convention at which the nominee for that office is chosen. A candidate desiring to withdraw must do so in writing to the same authority that the application was filed with.
ARTICLE IX - STATE CONVENTION
1. The Call for the State Convention will be issued by the State Chairman of the Party.
2. Notice of the State Convention will be published by the State Chairman in the newspapers of general circulation for the cities of Houston, Dallas, Austin, and San Antonio at least fourteen days prior to the Convention. Such notice will specify the time, date and place for holding the Convention. Notice will be mailed to all members of the State Executive Committee.
3. Robert's Rules of Order Newly Revised will govern the proceedings of the State Convention, and the rulings of the Chairman of the State Convention will be the decision on the question before the body.
4. Nominees for state office will be chosen by majority vote of the delegates voting at the State Convention.
5. The affirmative vote of the majority of the delegates present and voting at the State Convention will be the act of the Convention.
6. The Chairman pro tem of the State Executive Committee will preside at the opening of the State Convention until a State Chairman is elected.
7. The State Chairman or the State Secretary will certify the names of the duly elected delegates and alternate delegates from Texas to the National Convention of the national Constitution Party and promptly forward said names to the Executive Director of the national Constitution Party.
ARTICLE X - SELECTION OF DELEGATES TO PRECINCT, COUNTY,
REGION, STATE, AND NATIONAL CONVENTIONS
1. Precinct Conventions: All registered voters in the State of Texas who declare their affiliation with the Party may participate in the precinct conventions. Delegates and alternate delegates to the county convention will be elected by each precinct convention.
2. County Conventions: Candidates for county office who have filed an application for nomination by the Party will be chosen by majority vote of the delegates at the county convention. The delegates at each county convention will elect delegates and alternate delegates to the state convention and any appropriate district conventions.
3. District Conventions: For any district that has at least one candidate file an application for nomination by the Party, a district convention will be held. In the case of a district that is completely within one county, the district convention will be held in conjunction with the county convention but only those delegates within that district may vote on the candidates seeking the Party nomination of that district. Candidates for district office will be chosen by a majority vote of the delegates at the district convention.
4. Delegates to the national conventions of the Party, and also the convention officers of said conventions, will be appointed by the State Chairman, subject to confirmation by majority vote of the State Executive Committee.
5. Electors for Presidential and Vice Presidential nominees will be chosen by the State Chairman. If the Chairman will fail to act, the next ranking officer will fulfill the responsibility.
6. The representative apportionment of the aforesaid delegates, alternate delegates, convention officers and electors will be decided by the State Executive Committee on the basis of Party strength in the respective precincts, counties, and regions of the state.
7. The locations selected for the aforesaid conventions do not have to meet the same requirements as a polling place.
ARTICLE XI - RULES FOR PRECINCTS, COUNTIES, AND REGIONS
Precincts, Counties, and Regions may adopt their own rules and bylaws, subject to approval by the State Executive Committee, in the absence of such bylaws, these bylaws will govern.
ARTICLE XII - USE OF THE PARTY NAME
No person, group of persons, or organization will use the name, address, or emblem of the Party in any manner, unless the State Chairman grants permission.
ARTICLE XIII - PARLIAMENTARY AUTHORITY
The then current edition of Robert's Rules of Order will govern the Party and all meetings and conventions of the Party from the precinct level to the state level whenever they are applicable and not conflicting with the Party Bylaws and the Texas Election Laws.
ARTICLE XIV - AMENDMENT OF BYLAWS
These Bylaws may be amended by a two-thirds vote of the active membership of the State Executive Committee or by a two-thirds vote of the State Convention, provided that the amendment is stated in the call for the meeting.
ARTICLE XV - SEVERABILITY CLAUSE
If a court of competent jurisdiction does adjudge to be invalid or unconstitutional any portion of these Bylaws, such judgment or decree will not affect, impair, invalidate or nullify the remainder of these Bylaws. The effect of such judgment will be confined to the portion of these Bylaws so adjudged to be invalid or unconstitutional. If any portion of these Bylaws is in conflict with any laws of the State of Texas or of the United States of America, now or as a result of future enactments, then these Bylaws will be considered to be automatically amended to conform with the law.
ARTICLE XVI - FILING OF PARTY RULES AND BYLAWS
Filing of the rules and bylaws of the Constitution Party of Texas with the Secretary of State will be accomplished at the direction of the State Executive Committee within thirty days of the adoption of said rules and bylaws by the State Secretary of the Constitution Party of Texas.