*** Unofficial - as drafted by Dave Ketchum - I plan to update this to reflect Rules Committee activity ***
Revised 010125 09:00 - catch up on Jan. 20 committee meeting activity.
Now, updates proceed from start thru end since the Jan. 20 meeting.
Last three I worked on, in order, were Articles IX, VII and VIII..
Click here for 010119 version - what I brought for committee review Jan. 20.
*** based on Independence Party Rules as of September 23, 2000 ***
Click here for Proposals NOT acted on on Sept. 23.

This version is composite, including:

While agreeing that changes should be flagged in bold type, this version will not attempt to complete that task.

Each change in destination will be flagged with a line in bold text indicating destination of the following text (with article headings always belonging to the majority report and included as needed in the other reports):
                     MAJORITY REPORT  MINOR REPORT  DEFER REPORT.

DEFER REPORT

Rules need a more extensive rewrite, with much more detailed contents than follow.

MAJORITY REPORT

Following are proposed as a complete replacement for current Independence Party rules.  These rules are rearranged and in many cases reworded for easier understanding without change in meaning.  Meaning changes are also proposed in many areas where problems have been recognized:

Comments in italics, such as this text, are ABOUT the proposal, not to be included in rules as approved.

Where text is a revision of previous text, changes will be flagged as bold text, with THESE markings not to be included in rules as approved.

CONTENTS

   I.  Establishment of Rules.
  II.  State Committee Districting and Membership.
 III.  State Committee Meetings.
  IV.  State CommitteeQuorum Requirements.
   V.  Voting at State Committee Meetings.
  VI.  State Executive Committee.
 VII.  County Organization.
VIII.  Judicial District Conventions.
  IX.  Cross Endorsements, etc..
   X.  Recall.
  XI.  Party Funds.
 XII.  Clubs and Affiliated Organizations.
XIII.  National Party Affiliation.
 XIV.  Additional Rules.
  XV.  Exclusivity.
 XVI.  Severability
 

 RULES OF THE NEW YORK STATE COMMITTEE
OF THE INDEPENDENCE PARTY

ARTICLE I
ESTABLISHMENT OF RULES

Just cleaner words here

The Independence Party, having attained party status as that term is defined under the New York Election Law on November 8, 1994, does hereby adopt the following Rules. The symbol appearing below shall be the official symbol of the party.

party symbol HERE

ARTICLE II
STATE COMMITTEE DISTRICTING AND MEMBERSHIP

Articles II and III repackaged for clarity.

Section 1. STATE COMMITTEE DISTRICTS (SCDS). The unit of representation shall be by Assembly District. Members will be chosen from Assembly Districts subject to the following conditions:

SECTION 2. ELECTION. Members of the State Committee shall be elected at the fall primary elections in even-numbered years. Such members shall hold office until the election of their successors.

SECTION 3. REMOVAL. Except as may be otherwise provided by law, a member or officer of the State Committee may be removed by the Committee for disloyalty to the party or corruption in office, after notice and a hearing upon written charges, to be heard by the Committee or a sub-committee appointed for that purpose, which shall report the findings to the full committee.

SECTION 4. VACANCIES.

(a) In case of the death, disqualification, resignation, removal from district, or removal from office of a member of the State Committee, the vacancy created thereby shall be filled by majority weighted vote (in person or by proxy) of the remaining members of the State Committee residing in that county. Said vote shall occur at a meeting of said remaining members on seven days notice by regular mail which notice shall be given by the first remaining State Committee member in the county who notifies the Secretary of the State Committee and receives confirmation from said Secretary that he or she is the first such person whose notice has been received by said Secretary. Said notice shall be mailed within five days of such confirmation. A quorum for said meeting shall be the smallest number greater than fifty percent of the remaining members present in person or by proxy. Should there be no remaining members, the vacancy continues until a new member is elected at the next regular election of the State Committee.

(b) The State Committee shall have the power to fill only vacancies created by the failure to elect a candidate at the last election of State Committee members and such vacancies may be filled by a vote taken in accordance with Article V of these rules.

MINOR REPORT

Seems like 4(a) could better be said in two paragraphs, with a bit of change.  Our attention came here because the original detailed list missed an item.  Seems there are two responses:

In case a person ceases to be a member of the State Committee, due to causes other than election of a successor, the remaining members of the State Committee residing in that county, if any, shall constitute a committee to fill such vacancy.  Filling the vacancy shall require agreement by members holding a majority of the total weighted vote of all remaining committee members.

The committee may meet and vote for this purpose in any manner it finds agreeable.  If it finds such decisions impractical, then said vote shall occur at a meeting of said remaining members on seven days notice by regular mail which notice shall be given by the first remaining State Committee member in the county who notifies the Secretary of the State Committee and receives confirmation from said Secretary that he or she is the first such person whose notice has been received by said Secretary. Said notice shall be mailed within five days of such confirmation.

DEFER REPORT

Section 1(b) proposes rearranging SCDs in 2002 to better attend to fractional ADs (when the new census will move everything around anyway) (based on the 1990 census the 43 least populated counties would get 1 SCD per county).

001229: Explanation added here: The 147th AD and the 6 counties that contain parts of it are the most extreme example of need. I use weighted votes and SC vacancies as of May 2000 in what follows (PA - members authorized now; HV - positions filled now; NA - new rule would authorize; WT - authorized total weighted vote):

PA HV NA WT
12 _1 __ 12570 - 147th AD - its one SC member's vote was 462.
_2 _0 _2 _3568 - Wyoming county - all in 147th so no change.
_6 _0 _2 _2600 - Allegheny - 136/147/149.
_4 _1 _2 _3362 - Cattaraugus - 147/149 - above 462.
_4 _0 _2 _7206 - Genesee - 137/147.
_6 _2 _2 10830 - Livingston - 129/136/147 - its SC members had 3512 votes each.
18 16 16 69080 - Erie - 140-148 - one pair of members gain 410 votes each from the 147th.

In summary, while this proposes no change for Wyoming and only a trivial change for Erie, the other four counties, while they get their authorized members reduced from 20 to 8, would likely elect  more than the present 3 members and have more voting power.

 The words below for 1(a) have been objected to because Dutchess County contains two parts of the 96th AD.  DWK response:

Section 1. STATE COMMITTEE DISTRICTS (SCDs). These shall be the unit of representation for electing State Committee members, as follows:

(a)For elections prior to the 2002 fall primary:

(b)For 2002 fall primary and future elections SCD assignment shall be based on population as of the last official census: Section 2. STATE COMMITTEE MEMBERSHIP: Each SCD shall have two members, with representation equal by sex. At time of election, and continuosly thereafter, each member shall be an enrolled member of the Independence Party and a resident of the SCD from which elected (except, for the first election after readjustment or alteration of SCD boundaries, residence for the twelve months immediately preceding the election in the county containing the SCD shall satisfy the residence requirement).

010119 - suggested motion for State Committee:  Moved that  ", with representation equal by sex"  be deleted in above paragraph.

Section 3. ELECTION.

  1. Members of the State Committee shall be elected at the fall primary election in each even-numbered year. Once elected,  members shall hold office until the election of their successors.
  2. In case an election results in a tie vote, which is not resolved by law or by agreement among the tied candidates, the remaining members of the State Committee shall determine which tied candidate shall be elected at the organization meeting.

  3. 010117: Should we drop next par - I reworded it?

  4. In case a vacancy exists because no candidate was elected, qualified candidates may apply to the State Committee for election.  For each such candidate the State Committee shall first vote as to whether it accepts the candidate as a nominee.  If only one is accepted at any State Committee meeting, that candidate is elected; if more than one, then the State Committee shall elect one of the nominees.

  5. 010117: Optimized the wording a bit - this was expanded from original Independence Party rules.

  6. In case a person ceases to be a member of the State Committee, due to resignation or other causes, the remaining members of the State Committee residing in that county, if any, shall constitute a committee to fill such vacancy.  Filling the vacancy shall require agreement by members holding a majority of the total weighted vote of all remaining committee members.

  7. The committee may meet and vote for this purpose in any manner it finds agreeable.  If it finds such decisions impractical, then said vote shall occur at a meeting of said remaining members on seven days notice by regular mail which notice shall be given by the first remaining State Committee member in the county who notifies the Secretary of the State Committee and receives confirmation from said Secretary that he or she is the first such person whose notice has been received by said Secretary. Said notice shall be mailed within five days of such confirmation.

    ARTICLE III
    STATE COMMITTEE MEETINGS

This combines old IV-VII with some cleanup - partly because sf the new words about regular meetings.

Rules for members calling a meeting REWRITTEN - we got in trouble here.

Section 1. Meetings of the State Committee shall be held upon the call of the Chairperson or of the Vice Chairperson in the case of vacancy in the office of the Chairperson, of the Secretary of the outgoing Committee in the case of the organization meeting, or as specified in Section 3.

Meeting calls shall specify the time and place of the meeting and shall be served by mailing the call to each member, and to each Executive Committee member, before such meeting. Such notice shall be directed to the address of each member as it appears on the records of the State Committee.  The call shall be mailed not less than thirty (30), nor more than forty-five (45) days, before organization meetings; not less than ten (10) days, nor more than twenty (20) days, before other meetings.

For meetings other than the Regular Meetings specified in Section 2, the call shall specify the business to be transacted.

For organization meetings, the Secretary shall attempt to know the addresses of all nominated candidates and mail the call to each.

010122 - per committee, all fall meetings get the 14 day limit that is required in leap years.

Section 2. Regular Meetings of the State Committee shall be held three (3) times a year: one in the Winter, one in the Spring and one in the Fall.

  1. Winter Meeting: The Winter Regular Meeting shall be held not earlier than two (2) days before Martin Luther King Jr. Day in January and not later than President's Day in February.
  2. Spring Meeting: The Spring Regular Meeting shall be held not earlier than twenty (20) days before the first day to sign designating petitions for the primary election and not later than two (2) days before the first day to sign designating petitions for the primary election.
  3. Fall Meeting: The Fall Regular Meeting shall be held not earlier than four (4) days after the primary election and not later than fourteen (14) days after the primary election.
010122:  My notes say we agreed to drop the par. that says organization meetings shall elect officers and do rules - I would gladly believe that was an error.

010122:  Following is the Dave Ketchum take on what we agreed to on 0120:

Section 3. Any member of the State Committee may draft text for calling a meeting, and seek approval of the text via petition.  Having collected signatures from forty (40) or more members of the Committee, representing not less than twenty (20) counties, with no signature more than forty (40) days old and the list of petitioning members being added to the call, the call shall be filed in the office of the Secretary for issuance. In the event that the Secretary shall fail to call such meeting within ten days after the filing of such petition, the meeting shall be called by the Alternate Convener specified in the petition for this purpose. The meeting shall be held within 25 miles of the State Capitol Building in Albany and on a weekend to provide for maximum attendance.

Any member of the State Executive Committee may proceed as above, requiring signatures of a majority of the Executive Committee for this purpose.

010122:  Following is Kipp Pells' take - note that it is not consistent with the text that precedes Section 3 (not a complaint - just that there will have to be some matching if this is used):

Section 3  Special Meetings.  Special Meetings of the State Committee may be called by the Chairperson or by the Secretary upon petition of members.  The Secretary may call a Special Meeting of the State Committee under two (2) types of petitions:  upon written petition of a majority of the State Executive Committee members or of forty (40) or more of the elected State Committee members, representing not less than twenty (20) counties, either type of petition being filed jointly or separately in the office of the Secretary demanding a Special Meeting of the State Committee.
          a.  If called by the Chairperson:  Such call must include an agenda for such Special Meeting.  Notice of Meeting and timing of same shall be the same as for a Regular Meeting.  The Notice of Meeting must also include the agenda as listed in the Chairperson's call.
          b.  If called by the Secretary upon Petition:  Such petition must include the name of an Alternate Convener and an agenda for such Special Meeting.  It shall be the duty of the Secretary within ten (10) days after receipt of said petition to issue a Notice of Meeting of the State Committee to be held not earlier than ten (10) days or later than twenty (20) days from the issuance of the Notice of Meeting.  In the event that the Secretary shall fail to issue such Notice of Meeting within ten (10) days after the filing of such petition, the Alternate Convener named in the petition may do so immediately.  In either case the meeting shall be held at a location within twenty-five (25) miles of the State Capitol Building in Albany and on a weekend to provide for maximum attendance.  The Notice of Meeting must also include the agenda as listed in the petition.

DEFER REPORT

Section 4. Order of Business:

A proposal was offered at the SC meeting as Article 6.4, but not considered.

To be defined.

ARTICLE IV
STATE COMMITTEE QUORUM REQUIREMENTS

Section 1. Each State Committee member shall be entitled to cast the number of votes cast for Governor from the SCD represented, on the line or column of the Independence Party, in the last preceding election for governor.

At meetings of members of the State Committee, there shall be present at least a majority of the voting power of all members of the State Committee, or of the appropriate subcommittee, in order to constitute a Quorum. If a Quorum is not present, a lesser number may adjourn the meeting to some future time, not more than 10 days later. Any State Executive Committee members who are not State Committee members may participate in debate, but shall have zero (0) weighted vote at State Committee meetings.

Section 2. At meetings of members of the State Committee, members may be present and vote, via proxy, to the same effect as if present and voting in person. The use of proxies shall be limited as follows.

  1. Proxies shall be in writing, signed and dated, and expire at the end of the meeting for which issued.
  2. Proxies shall be revocable at the pleasure of the person executing the proxy, either in person, by written notice to the Chairperson or Secretary, or by execution of a subsequent proxy.
  3. A proxy may direct how the holder shall vote it.
  4. A proxy holder must be a State Committee member, and shall not vote the proxy if the giver is present and chooses to vote.
  5. Proxies shall be non-transferable,  except that they may list two or more carriers, with only one of the carriers registering as the holder at any one time.
MINOR REPORT

Some alternate proxy rules to consider. As to 12 months - that could be amended:
 

  • Proxies shall be in writing, signed and dated, and expire after 12 months unless an earlier expiration is specified in the proxy.
  • No individual may hold proxies whose aggregate weighted vote is greater than twice the highest voting power assigned to members from any SCD.

  •  

     

    DEFER REPORT

    Something needs to be said about documenting thecredentials committee.
     

    ARTICLE V
    VOTING AT STATE COMMITTEE MEETINGS

    In determining the total number of votes on any issue, abstentions shall not be considered to be votes.

    010122: I lost track of whether the committee directed deletion of the following paragraph and 3 bullets:

    010119:  While what follows takes many more words than what precedes, it should permit speeding up meetings while giving all members normal control.  Note that I have heard complaints about "senses" - yet this is a judgement call for the chair:

    Except as specified for specific types of voting, the following shall be the normal sequence: 010119: In the above - perhaps objections require a second  to demand a roll call vote- but they are NOT omething to vote on.

    010122:  Again I lost track, but doubt the committee reviewed thr following paragraph carefully:

    010117:  Steve attached the following par. to "Additional Rules".  If it should live, it belongs here as part of voting.

    Where time constraints do not permit unlimited discussion, the Chairperson, with consent or direction of the majority, may limit discussion to not less than two minutes for each member with not less than one minute each for rebuttal. Discussion may be further limited if the meeting room must be vacated in thirty minutes or less. Discussion shall not otherwise be limited.

    DEFER REPORT

    The following sections apply to the special cases of designations for statewide office, nomination of presidential candidates and electors, and election of State Executive Committee members.

    STATEWIDE DESIGNATION. (a) In the case of designations for statewide public office, if more than two candidates are presented for designation and no candidate receives a majority of the weighted vote on the first ballot, additional ballots shall be held, in each case eliminating the candidate receiving the least number of votes on the preceding ballot, until one candidate receives a majority of the weighted votes. Voting shall be by roll call if there are two or more candidates for an office. At the end of the roll call for each ballot the Chairperson shall ask if any members wish to change their votes before declaring the ballot closed. It shall be in order to nominate "none" or "no candidate" in order to indicate a preference for a blank line for the office in question.

    (b) Any candidate who receives twenty-five percent of the vote on any ballot shall be entitled to demand that his or her name appear on the primary ballot in accordance with the Election Law; Any such candidate who is not a member of the Independence Party shall be deemed to have received the authorization of the party to run in a primary election as required by election law, as shall any candidate designated by the party, without need for any further vote, and the Chairperson and Secretary shall issue any required Certificate of Authorization or other documentation to which such candidate or candidates are entitled.

    (c) If a candidate who is not a member of the Independence Party has not received twenty-five percent of the vote on any ballot, immediately following the last such ballot for the office in question, it shall be in order for any member to move that such candidate be authorized to petition to run in an Independence Party primary election. A vote shall then be taken on such motion and, if passed, the Chairperson and Secretary shall issue a Certificate of Authorization as required by election law. Such motion shall not be in order at any other time.

    010117:  Still seems like all the offices should be listed in order - else people start playing games.

    (d) In the case of designations to the offices of Governor and Lieutenant Governor, designations shall be made for each office separately, the designation for Governor being decided first.

    (e) In all cases regarding the designation of statewide candidates, the committee on vacancies required or allowed by election law shall be the State Executive Committee unless the State Committee shall appoint some other committee, ad hoc or otherwise, to be the committee on vacancies for one or more specific offices.

    PRESIDENTIAL NOMINATION. In the case of nominations to the offices of President and Vice President of the United States, nominations shall be made to the two offices together as a slate, followed by the nomination of presidential electors. A roll call need not be taken to nominate presidential electors except on demand of two or more members. Presidential electors shall be nominated as slates consisting of not more than the number of electors to which the State of New York is entitled. If the State Committee should adjourn after nominating candidates for President and Vice President of the United States, but before nominating presidential electors, the State Executive Committee is empowered to nominate presidential electors.

    EXECUTIVE COMMITTEE ELECTION. Officers of the State Committee shall be elected in the following manner:

    (i) The Chairperson, Vice Chairperson, Secretary, Treasurer, and Second Vice Chairperson shall each be elected individually in the order just listed. Where more than one person is nominated to any of these offices, a roll call vote may be demanded by any two or more members; otherwise a voice vote shall be sufficient. When more than two persons are nominated to any of these offices, voting shall take place in the same manner as provided in paragraph (a) of statewide designation.

    (ii) After those five offices are filled, ten at-large Members of the State Executive Committee shall be elected in the following manner: Candidates shall be nominated to all ten positions simultaneously. If more than ten candidates are nominated, each candidate's name shall be read aloud in turn, or listed on a paper ballot at the option of the Chairperson, in the order nominated, and members shall vote "yea" or "nay" on each candidate. The ten candidates receiving the most affirmative votes shall be elected, provided each has received a majority of "yea" votes. If two or more candidates are tied for the tenth position, the winner shall be decided by lot. If less than ten candidates each receive a majority of "yea" votes, the remaining seats shall be vacant until the next meeting of the State Committee, at which time the State Committee may at its option fill the remaining seats. If a paper ballot is used, other business may take place while the ballots are prepared.

    010117:  The above still needs something - par (a) talks of "none", the yeas and nays could be clearer.

    No person shall be nominated as an officer of the State Committee without that person's permission, but such person need not be present at the meeting in order to be nominated. Officers of the State Committee must be duly enrolled members of the Independence Party but need not be members of the State Committee. In the case of a person elected as an officer of the State Committee who is not a member of the State Committee, such person shall have a vote on the State Executive Committee and may participate in debates of the State Committee but shall have no vote on the State Committee.

    ARTICLE VI
    STATE EXECUTIVE COMMITTEE

    Section 1. The officers of the State Committee shall be a Chairperson, a Vice Chairperson, a Second Vice-Chairperson, a Secretary, a Treasurer, and ten Members. Such officers shall constitute the State Executive Committee, and shall serve for two years or until their succssors ore elected. At State Executive Committee meetings the quorum shall be a majority of members, proxies shall not be permitted, and each member shall have one vote.

    Section 2. Meetings of the State Executive Committee may be held on call by the Chairperson or any three members thereof. The call may be transmitted by any available means provided the indicated notice is given.  The required notice may be abbreviated, but only when all members agree to this:

    1. For in person meetings, seven days.
    2. For other meetings not involving special urgency, three days.
    3. For other meetings restricted to items of special urgency, one day.
    Section 3. These meetings may be held in person, by teleconference, video conference, internet meeting, or other means that provide real-time direct interaction by the participants, for which:
    1. Official minutes are taken that document meeting attendance and all actions taken.
    2. All eligible meeting members have equal access to the technology and devices that will be used to conduct the meeting.
    DEFER REPORT

    Section 4. Duties of Officers:

    A set of proposed duties was offered at the SC meeting as Article 2.3, but not considered. Perhaps the Executive Committee can try these as standing rules and offer comments.

    To be defined.

    ARTICLE VII
    COUNTY ORGANIZATION

    010117:  This is Steve's draft, with article numbers adjusted but no editing (but a couple comments thrown in).

    This is a big one. There is general agreement that it needs continuing but NEEDS amending.

    BTW - ICOs need to have a home in the law, and the law provides a home for "committees", but not for_"sub-committees" - be careful.

    1. Definitions

    010117:  Tell me how an ICO handles 6-108, which offers NO suggestion that the SC has any business doing caucuses.

    010119:  In 2(f), optimize resignation.

    Also, SCs are organized pursuant to Article 2.:

    2. Until such time as a county committee is constituted and organized the elected State Committee members in each county may organize an interim county organization. 010117:  The following needs thought - how does the State Chair get involved in all this if we manage a couple dozen new committees the same year?

    010117:  I still claim there is room for proxies in here.  We can debate whether the default quorum is a majority, but we might get away with a permissive rule:  If they accept our belief that the quorum shuld be a majority, then we say we are agreeable to their using proxies to get there.

    3. (a) When a County Committee is elected for the first time and no prior rules are in effect, the State Chairperson, or the first elected County Committee member who so requests, if designated by the State Chairperson, shall secure a convenient site for the organizational meeting of the new County Committee and mail notices according to election law to all members of the County Committee setting forth the time and place of the initial organizational meeting. Such person shall call the meeting to order and preside over the election of a temporary chairperson for the meeting, but shall have no further role without the consent of the County Committee.

    (b) Failure of the State Chairperson or the Chairperson's designee to act shall not invalidate any organizational meeting of a County Committee otherwise properly held.

    MINOR REPORT

    Definitions, for use throughout these rules:

    The State Committee hereby authorizes those of its members, in each county that has not elected an IPCC, to organize themselves as a committee of the State Committee, to be known as an IPICO.  So far as may be permitted by Election Law, except as restricted by Article IX of these rules, the State Committee delegates to each IPICO the same authority and responsibility as an IPCC would have.
    ARTICLE VIII
    JUDICIAL DISTRICT CONVENTIONS

    Per Harry Kresky

    This is a proposal for a new Article to bring our rules into compliance with Sections 6-124 and 126 of the Election Law. These provisions defer to party rules on election of delegates, but require that they reflect gubernatorial vote in each assembly district. They also require a committee to set time and place of the conventions. Here's a shot at a proposal:

    1. Each Assembly District within a judicial district shall elect to the judicial convention a number of delegates such that the assembly district in which the Independence Party's candidate for governor received the greatest number of votes in the preceding general election shall have 5 delegates and the other assembly districts shall have a number of delegates equal to the number derived by multiplying the number five by a fraction with the votes in the aforesaid assembly district as the denominator and the votes in the particular assembly district as the numerator with the result rounded to the next greater whole number.
    2. The Chairperson of the Independence Party State Committee shall appoint a committee of five persons, each of whom shall be an enrolled member of the Independence Party, to a committee charged with carrying out the responsibilities accorded to it under Section 6-126 of the Election Law. The membership of said Committee may be changed only by majority vote of the State Executive Committee or by action of a successor State Committee Chairperson.

    Per Steve

    010117:  Per Steve's draft:

    1. Judicial District Conventions for the purpose of nominating candidates to the office of Justice of the Supreme Court shall be constituted by the election of delegates and alternate delegates in the following manner: Each Assembly District or part of an Assembly District contained within each Judicial District shall be entitled to elect two delegates and two alternates, except that if the number of votes cast for Governor on the Independence Party line in the last preceding election for Governor in such Assembly District or partial Assembly District was less than fifty percent of the average vote for Governor on the Independence Party line among all such districts and partial districts contained within the Judicial District then such district or partial district shall be entitled to one delegate and one alternate, and except that if the number of votes cast for Governor on the Independence Party line in the last preceding election for Governor in such Assembly District or partial Assembly District was greater than one hundred fifty percent of the average vote for Governor on the Independence Party line among all such districts and partial districts contained within the Judicial District then such district or partial district shall be entitled to three delegates and three alternates plus one additional delegate and alternate for each additional fifty percent of the average vote for Governor by which the vote of such district or partial district exceeded such average. If, due to changes in boundaries in Assembly Districts occuring after the last preceding election for Governor, it becomes impossible to determine the vote cast for Governor within such newly defined districts, each such new Assembly District within the Judicial District shall be entitled to two delegates and two alternates, and each such new partial Assembly District shall be entitled to one delegate and one alternate.

    2. A quorum to do business for any Judicial District Convention shall be twenty-five percent of the total number of possible delegates to be elected, or fifty percent of the number of delegates actually elected, whichever is fewer.

    3. (a) Each delegate shall have one vote for each position to be filled. All nominations to the office of Justice of the Supreme Court shall be by a majority of all delegates present and voting, not counting abstentions. In the event that there is more than one position to be filled, voting shall be by individual candidate, with the candidate receiving the highest vote being nominated, provided such vote is a majority of all delegates present and voting, not counting abstentions; and the person receiving the next highest vote also being nominated, provided such vote is greater than a majority of all delegates present and voting, not counting abstentions; and so on, until all positions are filled or until no further candidate receives the vote of a majority of all delegates present and voting, not counting abstentions. No delegate shall combine his votes in such a way as to vote for any one individual more than once.

    010119 - just grammar in above and next par.

    (b) It shall be in order to nominate "no candidate" to indicate a preference for a blank line for the office of Justice of the Supreme Court. Votes for "no candidate" are not abstentions and shall be counted in the same manner as votes for a person. If "no candidate" receives a majority of votes of all delegates present and voting, no person receiving fewer votes shall be nominated.

    4. The time and place of meeting of each Judicial District Convention shall be fixed by the State Executive Committee or by one or more committees appointed by the State Executive Committee solely for that purpose. The Chairperson of the committee fixing the time and place of meeting of a Judicial District Convention shall call to order the respective Judicial District Convention or shall designate in writing a person to call such meeting to order as provided for in state election law; if such person does not call the convention to order and has not designated a person to do so, then the delegate from the lowest numbered Assembly District or partial Assembly District within the Judicial District whose surname comes first alphabetically shall call the meeting to order.

    5. Within the City of New York, the call for election of Judicial District Convention delegates and alternate delegates may be issued by the County Chair of any county contained within the Judicial District for which the call is issued; or, if the County Chair shall fail to act or the office be vacant, by the State Chair. Outside of the City of New York, the call for election of Judicial Convention delegates and alternate delegates shall be issued by the State Chair, or, if the State Chair shall fail to act, by the State Secretary or by any person authorized by the State Executive Committee.

    MINOR REPORT

    010126:  As usual, I see good and bad in the versions offered by Harry, Steve, and Tom Connolly at the meeting. I see:

    Preparation for conventions:
    1. Each complete or partial Assembly District within a judicial district shall be a unit of representation and elect delegates and alternate delegates to the district's judicial convention.  The number of delegates authorized for each unit of representation shall be based on the number of votes the Independence Party's candidate for governor received in the preceding general election.
    2. If, due to changes in Assembly District boundaries after an election for governor, the exact vote count for a unit is not ascertainable, an estimate shall be used in the following calculations.
    3. The unit with the most votes shall have five (5) delegates, or such other number as the State Committee shall specify for the Judicial District.  The base vote count shall be the average of two numbers, rounded to an integer.  The numbers shall be the above most votes divided by the number of delegates to be authorized for that unit, and the same dividend divided by that divisor minus one.  Each unit's authorized number of delegates, and authorized number of alternate delegates shall be its vote count divided by the base vote count, with all fractions rounded up.  The State Executive Committee shall see to including these authorizations in the party call specified in Section 2-120.
    4. The Chairperson of the Independence Party State Committee shall appoint five persons, each of whom shall be an enrolled member of the Independence Party, to be a committee charged with carrying out the responsibilities accorded to it under Section 6-126 of the Election Law. The membership of said Committee may be changed only by majority vote of the State Executive Committee or by action of a successor State Committee Chairperson.
    I buy the first paragraph below.  The second one bothers me.  First, I note that the democrats have been around a LONG time, yet have no details in their rules as to this voting.  It also seems to not fit with the law.  Then I look at the law and see something that works if you vote on a single nomination at a time and vote by plurality vote.

    Convention details:

    1. It shall be in order to nominate "no candidate" to indicate a preference for a blank line for the office of Justice of the Supreme Court. Votes for "no candidate" are not abstentions and shall be counted in the same manner as votes for a person. No person receiving fewer votes than "no candidate" shall be nominated.
    2. Each delegate shall have one vote for each position to be filled. All nominations to the office of Justice of the Supreme Court shall be by a majority of all delegates present and voting, not counting abstentions. In the event that there is more than one position to be filled, voting shall be by individual candidate, with the candidate receiving the highest vote being nominated, provided such vote is a majority of all delegates present and voting, not counting abstentions; and the person receiving the next highest vote also being nominated, provided such vote is greater than a majority of all delegates present and voting, not counting abstentions; and so on, until all positions are filled or until no further candidate receives the vote of a majority of all delegates present and voting, not counting abstentions. No delegate shall combine his votes in such a way as to vote for any one individual more than once.

    ARTICLE IX
    CROSS ENDORSEMENTS
    NOMINATIONS AND AUTHORIZATIONS FOR ELECTIONS
    AND FILLING VACANCIES

    1. The nomination of a candidate for election to fill a vacancy in an elective office required to be filled at the next general election, occurring after the fifth Tuesday preceding a primary election, shall be made by the State Executive Committee; provided, however, that if such elective office shall fall within a county which has elected an Independence Party County Committee pursuant to the Election Law or formed an Interim County Organization pursuant to Article VII of these rules, and if the rules of said County Committee or Organization make provision for the filling of said vacancy, the vacancy shall be filled in accordance with that provision; and provided further that if such elective office shall fall within more than one county, each of which has elected a Independence Party County Committee pursuant to the Election Law or formed an Interim County Organization pursuant to Article VII of these rules, and if the rules of all of those County Committees and Organizations include the same provisions for the filling of said vacancy, the vacancy shall be filled in accordance with that provision.
    2. Nominations for public office to be filled at a special election shall be made by the State Executive Committee; provided, however, that if such elective office shall fall within a county which has elected an Independence Party County Committee pursuant to the Election Law or formed an Interim County Organization pursuant to Article VII of these rules, and if the rules of said County Committee or Organization make provision for the filling of said vacancy, the vacancy shall be filled in accordance with that provision; and provided further that if such elective office shall fall within more than one county, each of which has elected an Independence Party County Committee pursuant to the Election Law or formed an Interim County Organization pursuant to Article VII of these rules, and if the rules of all of those County Committees and Organizations include the same provisions for the filling of said vacancy, the vacancy shall be filled in accordance with that provision.
    3. Vacancies in nomination made at a judicial district convention, or by the State Committee or by the State Executive Committee, shall be filled by a committee appointed by such convention or State Committee or State Executive Committee to nominate candidates to fill vacancies in nominations made by such convention or State Committee or State Executive Committee, provided however, that in the event that such committee is not appointed or fails to act, the State Executive Committee may fill such vacancies.
    4. In all cases where the Election Law allows a vacancy in a nomination to be filled by such committee as the rules of the party may provide, or in any other case of a nomination or designation, said vacancy shall be filled by the State Executive Committee; provided, however, that if such elective office shall fall within a county which has elected an Independence Party County Committee pursuant to the Election Law or formed an Interim County Organization pursuant to Article VII of these rules, and if the rules of said County Committee or Organization make provision for the filling of said vacancy, the vacancy shall be filled in accordance with that provision - and provided further that if such elective office shall fall within more than one county, each of which has elected an Independence Party County Committee pursuant to the Election Law or formed an Interim County Organization pursuant to Article VII of these rules, and if the rules of all of those County Committees and Organizations include the same provisions for the filling of said vacancy, the vacancy shall be filled in accordance with that provision. In the event of any vacancy in a nomination or designation not provided for above, said vacancy shall be filled by the State Executive Committee.
    5. An authorization provided for shall be signified by the filing of a certificate, signed and acknowledged by the presiding officer and the secretary of the meeting at which such authorization was given, authorizing such designation, nomination or substitution with the officer or board with whom or with which such designation or substitution is required to be filed.

    6. 010119_ Steve offers this - needs thought:

    7. Not less than seven days prior to filing any certificate of authorization for a candidate authorized by an interim county organization, the person filing such authorization shall notify the State Executive Committee of the interim county organization's intention. The State Executive Committee shall then have five days to disallow such authorization, provided that three quarters of the total number of State Executive Committee members agree and set forth their reasons in writing. The State Committee may overrule the Executive Committee, but shall have no special duty to meet solely due to actions taken in accordance with this paragraph, except by petition as provided for in Article IV of these rules.
    8. In counties where no County Committee has been established pursuant to the Election Law and no Interim County Organization has been formed pursuant to Article VII of these rules, nominations for town office shall be made by petition at the primary election preceding the general election.
    9. In counties where no County Committee has been established pursuant to the Election Law and no Interim County Organization has been formed pursuant to Article VII of these rules, nominations for village office may be made by caucus, if an enrolled voter of the Independence Party residing within the village has been designated as village election chairperson. A village election chairperson may be designated by the State Chairperson of the Independence Party or the State Executive Committee or such other officer as may be appointed or designated for this purpose by the State Chairperson or State Executive Committee.

    10. Cross endorsements - these need thought.

    11. Limit on Cross Endorsements. A committee or officer which is empowered under these Rules or other Independence Party rules to issue an authorization of the Independence Party for candidates not enrolled in the Independence Party pursuant to section 6-120 of the election Law, may not authorize as candidates of the Independence Party a number of candidates who are enrolled in the same political party, which is greater than one-half of the total number of Independence Party candidates which will appear on the general election ballot for all ofices up for election within any one county, inclusive of elections within the county of smaller political subdivisions such as towns and cities. This rule may be waived by the State Executive Committee upon application of the County Chairperson.
    12. Districts which cross county lines:

    13. Harry Kresky offers this version:

      Nominations and authorizations by County Committees and Interim County Organizations for public offices the districts of which cover more than one county, shall be determined as follows:

    010119:  Steve's version of cross-county:
    10. (a) In cases of designation or nomination of candidates who are not members of the Independence Party to offices the districts of which include all or parts of two or more counties, each county committee or interim county organization whose county includes part of such district may authorize the designation or nomination of such candidates in accordance with section 6-120 of the Election Law, and may execute certificates of authorization.

    (b) In the event that more than one county committee or interim county organization should issue certificates of authorization for the same office, in accordance with the preceding paragraph (a), each such certificate shall be equally valid.

    (c) In cases where a district covers all or parts of two or more counties, none of which has a county committee or interim county organization, the State Executive Committee may authorize the designation or nomination of candidates who are not members of the Independence Party, but only upon application of an enrolled Independence Party member who is a resident of such district.

    (d) (i) Notwithstanding the foregoing, in the case of designation or nomination to an office to be filled by all the voters of the City of New York, authorizations shall be made in the following manner: A joint meeting of the Executive Committees of the county committees and interim county organizations, if any, within the City of New York shall be called by the State Chairperson or by some person designated by the State Chairperson or, if the State Chairperson should fail to act by the first day for petitioning, by any County Chairperson within the City of New York.

           (ii) A quorum to do business shall be at least one County Executive Committee member from each county within the city which has a county committee or interim county organization, or a majority of all Executive Committee members from counties within the city which have a county committee or interim county organization, but in no case less than ten persons.

           (iii) The representative or representatives of each county present at such meeting shall cast votes equal, in the aggregate, to the votes cast for Governor on the Independence Party line or column in the last preceding election for Governor in the respective county, said votes being divided evenly among all representatives present from the respective county. A majority shall be required to authorize the candidacy of any person who is not a member of the Independence Party. Proxies shall not be permitted.

           (iv) Solely for the purpose of complying with section 6-120 of the Election Law, in case not all counties within the City of New York shall have county committees the State Executive Committee shall ratify the choice made at the meeting described, if any, and cause one or more certificates of authorization to be executed. In no case shall the State Executive Committee authorize a candidate not authorized at a meeting as described in this section.

    MINOR REPORT

    010122:  This article has a LOT of words - so many that I had never deciphered all of it, and suspect others had the same trouble - and thus we let it say things we really should not want.  For example:

    Definitions for this article: Rules for activity:
    1. Vacancy committees may perform all activity authorized by law to be performed by them.
    2. Else for all activity authorized by law to be performed by County Committees:
    3. Else for all activity related to statewide offices, by the State Committee or State Executive Committee, as the State Committee shall specify.
    4. Else for other activity related to authorizing Independence Party designation or nomination of candidates who are not enrolled members of the Independence Party:
    5. Else for other activity related to designating or nominating candidates, if the rules of all of the IPCCs and IPICOs whose counties include parts of such district include compatible provisions for the filling of a vacancy, the vacancy shall be filled in accordance with those provision.  Requirements specified in these rules for such provisions are:
    6. Any activity not addressed above shall be handled by the State Executive Committee, or by a committee authorized to perform such activity by the State Committee or State Executive Committee.
    7. Where a vacancy or other event occurs prior to a primary election at which party committees are elected, the outgoing committee shall be responsible for completing any related activity for which the deadline is earlier than twenty (20) days after the primary election.
    8. Limit on Cross Endorsements. A committee or officer which is empowered under these Rules or other Independence Party rules to issue an authorization of the Independence Party for candidates not enrolled in the Independence Party pursuant to section 6-120 of the election Law, may not authorize as candidates of the Independence Party a number of candidates who are enrolled in the same political party, which is greater than one-half of the total number of Independence Party candidates which will appear on the general election ballot for all ofices up for election within any one county, inclusive of elections within the county of smaller political subdivisions such as towns and cities. This rule may be waived by the State Executive Committee upon application of the County Chairperson.

    ARTICLE X
    RECALL

    One or more officers of the State Committee or members of the State Executive Committee may also be removed by way of recall as follows:

    ARTICLE XI
    PARTY FUNDS

    To be defined.

    MINOR REPORT

    010117 - Steve's words without editing - I am just prodding to hear more say they have given these words SERIOUS consideration.

    1. The party may solicit and accept unrestricted contributions, except from candidates for public office. The party may not accept restricted contributions except by vote of the State Committee.

    2. The Treasurer shall not expend funds exceeding one hundred dollars to any single payee in any calendar year without authorization of the State Executive Committee. The Treasurer shall not expend funds exceeding one thousand dollars to any single payee in any calendar year without authorization of the State Committee, except in case of emergency declared by not less than three quarters of the State Executive Committee and agreed to by the Treasurer, and except for funds necessary to rent space in which to hold State Committee meetings.

    3. The Treasurer shall not expend funds in support of any law suit or other court action in which the party is plaintiff or complainant unless such law suit or court action has been authorized by the State Committee.

    4. The party may not borrow funds.

    5. The Treasurer shall keep all acccounts and file all reports required by law, make such reports available to the public for no more than cost, and report on the status of the party's funds at each regular State Committee meeting, as well as at the request of the State Executive Committee at any time.
     

    ARTICLE XII
    CLUBS AND AFFILIATED ORGANIZATIONS

    1. The State Committee shall have the power to approve, recognize, organize, form or charter affiliated or supporting organizations or clubs, such as in Assembly Districts, villages, neighborhoods, colleges, schools or workplaces, or consisting of youth groups, cultural groups, professional groups or similar groups of common interest, subject to such rules, regulations, procedures or decisions as it shall deem proper. The State Executive Committee may grant provisional recognition until the next meeting of the State Committee.

    2. The State Committee may delegate supervision of such affiliated clubs or organizations to a county committee or interim county organization or to the State Executive Committee.

    3. The State Committee shall have the power to rescind any approval, recognition or charter granted to any such affiliated club or organization on sixty days notice. The State Executive Committee shall have the power to suspend recognition of any such affiliated club or organization until the next meeting of the State Committee.

    4. Except for county committees established acording to election law, interim county organizations established according to these rules, or other committees or subcommittees established by resolution of the State Committee, no organization shall have the right to use the words "Independence Party" as its name or part of its name without the written consent of the State Committee or provisional written consent of the Executive Committee and unless it agrees to the supervision, jurisdiction, rules, regulations and procedures of the State Committee.
     

    ARTICLE XIII
    NATIONAL PARTY AFFILIATION

    To be defined.

    DEFER REPORT

    010122:  Seems like there is no real rush on this one.

    1. The Independence Party of New York may affiliate with a national political party. The Independence Party of New York may disaffiliate from a national party at any time, notwithstanding any rule or regulation of such national party.

    2. Any affiliation or disaffiliation with a national party shall occur only by vote of the State Committee. Such vote may take place at a biennial organizational meeting, or at any other meeting when notice that the issue is to be on the agenda is mailed with the meeting notice. Any committee member may demand such notice be included with a meeting notice, if such demand is made at least thirty days before the meeting, but the State Secretary may optionally include such notice even if requested less than thirty days before the meeting.

    3. (a) Should the Independence Party be entitled to elect delegates or alternate delegates to any national political party convention, the State Committee may provide rules to comply with any requirements of election law and national party rules necessary to effect the election of such delegates or alternate delegates, which rules shall be appended hereto and shall be considered for all intents and purposes as part of this article but which shall automatically expire on the last day of the presidential election year.

    (b) If it is not possible for the State Committee to meet by any deadline that may be established by election law to do any act necessary to ensure the ability to elect convention delegates at a presidential primary election, the State Executive Committee shall act in its place.

    (c) The term of office of delegates or alternate delegates to national party conventions shall be as established by national party rule, but if no such rule exists the term of office shall be at the pleasure of the State Committee but not less than one year nor more than four years. Vacancies shall be filled in accordance with national party rules, but if no such rule exists vacancies may be filled by the State Committee.

    4. Any national party offices, such as on a National Committee, to which the Independence Party should be entitled to appoint incumbents, shall be filled in accordance with national party rules, but if no such rule exists, they shall be elected by the State Committee in the same manner as officers of the State Committee, and shall serve at the pleasure of the State Committee.

    ARTICLE XIV
    ADDITIONAL RULES

    Robert's Rules of Order Newly Revised shall govern in all meetings of the State Committee and State Executive Committee in all cases to which they are applicable and in which they are not inconsistent with applicable law, these rules, or any special rules of order these bodies may adopt.
     

    ARTICLE XV
    EXCLUSIVITY

    These rules shall be the exclusive rules of the State Committee of the Independence Party. No other rules shall be effective unless approved in writing by the State Committee.
     

    ARTICLE XVI
    SEVERABILITY

    If any clause, sentence, paragraph, subdivision, section, article, or part of these rules or any amendment thereto shall be adjudged to be invalid or otherwise rendered inoperative by any court of competent jurisdiction, such judgment or other judicial action shall not affect, impair, invalidate or render inoperative the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment or other judicial action shall have been rendered or taken.

    Notes: