*** 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:
-
What is intended to be the majority report.
-
What is intended to be separated , and issued as the minority
report. This will be items that were rejected at the committee meeting,
or not even presented, that a minority claims NEEDS consideration at the
Feb. meeting.
-
What is intended to be separated , and issued as a deferred report.
This will be items such as statewide designation that have no need for
action at the Feb. meeting.
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:
-
(a) Where Assembly Districts are coterminous with or contained
within
a county, they shall have two members.
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(b) Where an Assembly District is made up of two or more whole counties,
each county shall have two members.
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(c) Where an Assembly District is made up of parts of counties or
a combination of a whole county or counties and part or parts of another
county or counties, each county and part county unit shall have two members.
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(d) Each member shall be an enrolled voter of the Independence Party
within the unit from which each member is elected.
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(e) Representation from each unit shall be equal by sex.
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:
-
Add the noticed missing item, HOPING that was all that was missed.
-
Restate the list as a summary, since we want all the items that might
go in the list.
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:
-
Seems to me those two parts are PROPERLY described as a single"partial
Assembly District".
-
Seems to me those two parts are EACH a "part county unit" as specified
in original par. 3.
-
BUT, my understanding was that the complaint was that my words would
split an SCD, rather than combining a couple.
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:
-
Within each county each complete or partial Assembly District (AD) shall
be an SCD.
(b)For 2002 fall primary and future elections SCD assignment shall be
based on population as of the last official census:
-
For counties with a total population of 1 percent or less of the total
population of New York State, the county shall be an SCD.
-
For remaining counties, each partial Assembly District (AD) containing
0.333 percent or less of the total population of New York State shall be
combined with adjacent full or partial ADs within the county. The result
shall be SCDs which are full or partial ADs, or results of the required
combining, such that every SCD contains more than 0.333 percent of state
population, but not more than 1 percent of state population.
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.
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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.
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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.
010117: Should we drop next par - I reworded it?
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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.
010117: Optimized the wording a bit - this was expanded from
original Independence Party rules.
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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.
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.
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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.
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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.
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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.
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Proxies shall be in writing, signed and dated, and expire at the end
of the meeting for which issued.
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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.
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A proxy may direct how the holder shall vote it.
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A proxy holder must be a State Committee member, and shall not vote
the proxy if the giver is present and chooses to vote.
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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:
-
If the body is showing willingness to settle for consensus, then more
of this makes sense.
-
If the body consistently demands roll call votes, there is little sense
in trying for anything else.
Except as specified for specific types of voting, the following shall be
the normal sequence:
-
If the chair senses that the meeting has reached consensus (general agreement
- that while some may feel reluctance, they realize the body's decision
is obvious and that there is no value in prolonging debate), the
chair may assume this with statements such as "If there is no objection,
..." or "Without objection, ...", pause a moment, assume unanimous consent,
and proceed. If any member objects with "reasonable promptness" (even
after the chair proceeds), then the consent does not exist and the chair
must proceed as if it had never been assumed.
-
If the chair senses that they may correctly indicate the will of the body,
voice, rising, or show of hands voting may be used. Again, any member
may object.
-
If the chair senses that the above would not successfully indicate the
will of the body, and/or they get objected to, then voting shall be done
by weighted roll call vote of the members present in person or by proxy.
Here abstain counts as not voting and Robert's Rules determines whether
a majority or other measure of the votes cast is required for approval.
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.
-
First, I see no need for it here - this could be done with a special
rule if and when desired, and the rule could be tailored to exact desires.
-
Second, the last sentence scares me - that implies that "Call the Question"
would normally not be available when someone starts debatting how many
angels fit on a pin.
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:
-
For in person meetings, seven days.
-
For other meetings not involving special urgency, three days.
-
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:
-
Official minutes are taken that document meeting attendance and all actions
taken.
-
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.:
-
(a) As used herein and throughout these rules, the term "interim county
organization" shall mean the body responsible for representing the Independence
Party and carrying out the functions and exercising the authority delegated
to "county committees" under these rules and the Election Law. An interim
county organization shall be considered a committee of the State Committee
under Section 2-110 of the Election Law.
-
(b) As used herein and throughout these rules, the term "county committee"
shall mean a body constituted and organized pursuant to Article 2 of the
Election Law.
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.
-
(a) Said interim county organization is hereby delegated and shall exercise
the authority and carry out the functions of a county committee (including
the execution and filing of documents pursuant to Article 6 of the Election
Law) in accordance with the following.
-
(b) The elected State Committee members in each county shall hold an initial
organizational meeting and, by weighted vote consistent with Article V
of these rules:
-
(i) elect a Chairperson, Secretary and Treasurer, each of whom shall be
a separate person and an enrolled member of the Independence Party residing
in that county, and shall be present at the initial organizational meeting.
-
(ii) adopt rules governing future voting (which shall be by one person-one
vote or by weighted vote consistent with Article V of these rules), the
addition of members to the interim county organization and such other matters
as are necessary to the work of the interim county organization.
-
(iii) allow voting at the initial meeting in person or by proxy carried
by an elected member of the State Committee from that county.
-
(c) Convening of initial organizational meeting shall be in accordance
with the following:
-
(i) Any elected State Committee member wishing to call the initial organizational
meeting must provide written notice of the initial organizational meeting
to the Secretary of the State Committee.
-
(ii) The right to select the time and place of the initial organizational
meeting shall be with the first State Committee member residing in the
county whose written notice pursuant to (i) above is received by the Secretary
of the State Committee.
-
(iii) The Secretary of the State Committee shall fax or mail confirmation
of receipt of the written notice of the initial organizational meeting
within four days after receiving the notice.
-
(iv) The notice of the initial organizational meeting must be mailed by
the person receiving the aforesaid confirmation within seven days of receipt
of said confirmation and must give no less than seven days, nor more than
twenty days, notice of said meeting.
-
(d) The Secretary elected at the initial meeting shall within five days
thereafter file with the Secretary of the State Committee an affidavit
certifying that the initial organizational meeting was held pursuant to
this Article, that officers were elected and that rules were adopted and
shall append to said document the names and addresses of the elected officers
and a copy of said rules.
-
(e) A quorum of the smallest number greater than fifty percent of the county's
State Committee members is required at the initial meeting in person or
by proxy.
-
(f) The interim county organization shall be dissolved if, due to resignations
or other causes, there are no remaining State Committee members in said
county.
-
(g) The term of an interim county committee shall be until the next biennial
State Committee organizational meeting, after which the county may reorganize
the interim county organization if a county committee has not been elected
and organized in accordance with election law.
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:
-
"IPCC" shall mean an Independence Party County Committee, legally constituted
pursuant to the Election Law.
-
"IPICO" shall mean an Independence Party Interim County Organization,
formed by its county pursuant to Article VII of 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.
-
(a) Convening of an initial organizational meeting shall
be in accordance with the following:
-
(i) Any elected State Committee member wishing to call the initial organizational
meeting shall submit a request, in writing, for authority to convene
such meeting to the Secretary of the State Committee.
-
(ii) The Secretary of the State Committee shall fax or mail confirmation
of receipt of such requests within four (4) days after receipt,
giving authority to convene such meeting to the first requester from each
county.
-
(iii) Having received such authority, each first requestor shall,
within the next seven days, select the time and place of the initial
organizational meeting and give notice of such meeting to, at least,
all State Committee members representing the county, giving no less
than seven (7) days, nor more than twenty (20) days, notice
of said meeting. Such notice may be given by mail, or by other
equally adequate means.
-
(b) Holding of an initial organizational meeting shall be in accordance
with the following, consistent with Articles IV and V of these rules.:
-
(i) Attendance and voting may be in person or by proxy carried by
an elected member of the State Committee from that county.
-
(ii) The quorum shall be a majority of the weighted vote of the
county's State Committee members.
-
(iii) Each State Committee member shall vote by weighted vote.
-
(c) Duties of an initial organizational meeting shall include:
-
(i) elect a Chairperson, Secretary and Treasurer, each of whom shall be
a separate person and an enrolled member of the Independence Party residing
in that county, and shall be present at the initial organizational meeting.
-
(ii) adopt rules governing future voting (which shall be by one person-one
vote or by weighted vote consistent with Articles IV and V of these
rules), the addition of members to the IPICO and such other matters
as are necessary to the work of the IPICO.
-
(iii) Include in such rules provision for supporting organization of
the IPCC or IPICO that will succeed this IPICO after the next election
of party committees. A succeeding IPICO may not organize until after
the State Committee organizes.
-
(d) Duties of an IPICO Secretary shall include:
-
(i) Within five (5) days after the initial meeting, file
with the Secretary of the State Committee an affidavit certifying that
the initial organizational meeting was held pursuant to this Article, that
officers were elected and that rules were adopted and shall append to said
document the names and addresses of the elected officers and a copy of
said rules.
-
(ii) Within three (3) days after officers are elected, file a certificate
listing such officers with the state board of elections and the county
board of elections, as would be required for an IPCC.
-
(iii) Within ten (10) days after rules are adopted or amended, file
such rules with the state board of elections and their county board of
elections, and village boards of elections when appropriate, as would be
required for an IPCC.
-
(iv) File documents for other activity, as would be required for an
IPCC.
-
(v) Mail the call for the organizational meeting of the succeeding IPCC
or IPICO as appropriate.
-
(e) The IPICO shall be dissolved if, due to resignations or other
causes, there are no remaining State Committee members in said county.
In
such case any succeeding IPICO will require an initial organization meeting.
-
(f) The term of an IPICO shall be until the succeeding IPCC or
IPICO is organized but, if neither can organize, end at the next
biennial State Committee organizational meeting.
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:
-
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.
-
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:
-
Harry's is a reasonable length for what it covers, but could use a bit
of editing.
-
Steve picks the average votes per district as a base. From half
that much to 1.5 times that much (a range of 1.0 times the base) districts
get 2 delegates; for less, 1 delegate; for 1.5 to 2 times (a range of 0.5
times the base) districts get 3 delegates, and one more for each additional
0.5.
-
The third proposal requires MUCH more math than seems reasonable to
me, and has the smell of needing redoing after each gubernatorial election
and after each census.
Preparation for conventions:
-
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.
-
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.
-
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.
-
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:
-
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.
-
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
-
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.
-
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.
-
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.
-
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.
-
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.
010119_ Steve offers this - needs thought:
-
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.
-
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.
-
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.
Cross endorsements - these need thought.
-
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.
-
Districts which cross county lines:
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:
-
(i) For public offices, the districts of which cover two counties, in
accordance with Articles VII and IX of these rules provided that each such
county which has made a determination regarding such nomination or authorization
shall cast a vote equal to the number of votes cast for Governor in the
portion of the district within that county on the line of the Independence
Party in the last preceding general election. The certificate shall be
issued and filed by said county.
-
(ii) For public offices, the districts of which cover more than two
counties, in accordance with Articles VII and IX of these rules provided
that each such county shall send a representative to a meeting at which
the determination regarding such nomination or authorization shall be made
by weighted vote based on the number of votes cast for Governor in the
portion of the district within that county on the line of the Independence
Party in the last preceding general election. The certificate shall be
issued by the presiding officer and secretary of said meeting or such other
persons as may be designated thereat. Said meeting may be convened by the
chair of the interim county organization or county committee of any affected
county (upon consultation with the other chairpersons) and shall be held
on not less than seven days written notice at a convenient time and place
within one of the affected counties. There must be present at any such
meeting a person or persons empowered to cast a majority of the weighted
vote of the affected counties.
-
(iii) Notwithstanding the aforesaid, in the case of an office to be
filled by all the voters of the City of New York, an authorization shall
be made by majority vote of those present at a joint meeting of the executive
committees of each of the county committees or interim county organizations
within said city, provided a quorum is present at such meeting. The certificate
of authorizations shall be signed and acknowledged by the presiding officer
and secretary of said meeting. The representatives of each county at said
meeting shall, in the aggregate, cast a vote equal to the number of votes
for Governor in that county on the line or column of the Independence Party
in the last preceding general election. Said meeting shall be deemed to
have a quorum provided that at least one person representing each county
which has organized a county committee or an interim county organization
is present.
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:
-
The first paragraph seems to be inspired by 6-116, 6-158.6, and 6-158.14
- but is a bit short:
-
Its term starts 5 weeks before primary, but 6-116 says the need starts
before the end of petition period.
-
For early vacancies,one could want to wait til after the primary to
decide who to pick, and 6-158.6 permits this, but WHO should file the certificate
for vacancies occuring before primary day? The old committee, which
has at least had some time before primary day to start its search?
The new committee, which could face a deadline a week after primary day
and perhaps having not yet gotten organized?
-
For late vacancies the deadline for nominating is 14 days after vacancy
occurs. Perhaps the old committee should attend to all vacancies
for which the certificate must be filed before the new committee organizes.
-
This proposal avoids this date problem, and also thinks about vacancies
that need attending to at the time new committees are being elected.
-
We are properly nervous about renegade ICOs - and can get tempted into
impossible restrictions:
-
For designating petitions there is time, for the proper time for
the ICO to ask permission is when the petition gathering starts to get
serious, not at petition filing time.
-
For nominating and other designating there can be as little as
4 days to decide on a candidate and file - and the committee can need ALL
of that to pick a candidate. Then the deadline for a Wilson-Pakula
is only 4 days after that.
-
This proposal, as written, leaves ICOs on their own inside counties
andgives them authority to join other counties in multi-county nomination
and related authorization, but does not let ICOs do multi-county authorizations
of designating petitions.
-
I do not claim the following is perfect - partly because some of the
decisions are value decisions - but I claim it is close enough to adopt
now and clean up in May.
-
The definitions probably belong with Article VII, but I wanted to use
them here first.
Definitions for this article:
-
IPCC shall mean an Independence Party County Committee, legally constituted
pursuant to the Election Law.
-
IPICO shall mean an Independence Party Interim County Organization,
formed by its county pursuant to Article VII of these rules.
Rules for activity:
-
Vacancy committees may perform all activity authorized by law to be
performed by them.
-
Else for all activity authorized by law to be performed by County Committees:
-
If the county has elected an IPCC and such committee provides for such
activity, then it shall be handled as provided for by the IPCC.
-
Else, for all activity which the State Committee controls in the absence
of an IPCC:
-
If the county has an IPICO, and such IPICO provides for such activity,
then it shall be handled as provided by the IPICO.
-
Else the activity shall be handled by the State Executive Committee.
-
Else for all activity related to statewide offices, by the State Committee
or State Executive Committee, as the State Committee shall specify.
-
Else for other activity related to authorizing Independence Party designation
or nomination of candidates who are not enrolled members of the Independence
Party:
-
For authorization of candidates for New York City citywide offices,
proceed as specified below for multicounty nomination, with majority approval
required for authorization. Attendees must represent the Executive
Committee of their IPCC or IPICO and neither the State Committee nor the
State Executive Committee can issue the authorization if this committee
fails to act.
-
Each IPCC whose county includes part of such district may issue such
authorizations.
-
Each IPICO whose county includes part of such district may issue such
authorizations for nominations, but not for designations.
-
If there are no IPCCs or IPICOs with such authority, but an IPICO whose
county includes part of such district, or an enrolled Independence Party
member who is a resident of such district, apply for such authorization,
then the State Executive Committee may issue such an authorization.
For this purpose the application shall provide as near to a week for the
State Executive Committee to review the application as is possible.
-
Else the authorization may be handled by the State Executive Committee.
-
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:
-
Each of such IPCCs and IPICOs shall be notified of such meeting, with
as much advance notice as practical, but not more than twenty (20) days.
-
Attendees representing each county shall, together, cast a vote equal
to the number of votes cast for Governor in the portion of the district
within that county on the line or column of the Independence Party in the
last preceding general election.
-
The quorum for such a committee meeting shall be a majority of the total
such votes in the district, whether or not every county has an IPCC or
IPICO.
-
Designation or nomination shall require agreement by a majority vote
at such meeting.
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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.
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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.
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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:
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(1) At any meeting of the State Committee for which notice of intent to
recall has been mailed to each State Committee member at least ten days
prior to the meeting (such notice to be given by any member of the State
Committee), a recall against specified officers of the State Committee
or members of the State Executive Committee may be initiated by a vote
of one half weighted pursuant to Article IV.
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(2) Any officers of the State Committee or members of the State Executive
Committee against whom recall has been initiated may be removed from office
by a vote of not less than fifty-five percent at the same meeting of the
State Committee weighted pursuant to Article IV.
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(3) A new election for the officers or membership positions vacated by
recall shall take place thereafter at the same meeting of the State Committee
by the same voting procedure by which said offices or positions of membership
were previously filled.
(4) Recall may also be initiated by a petition calling for a State
Committee meeting.
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:
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The official rules shall be filed with the State Board of Elections. .
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Bullets do not appear in original.