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Bylaws of the Libertarian Party of Delaware

Article I: Name

This organization shall be known as the Libertarian Party of Delaware, hereinafter referred to as the LPD.

Article II: Purpose

The Republican and Democratic parties dominate the exercise of electoral politics in the United States. The purpose of the LPD is to provide the voters of Delaware with an alternative political party. That alternative shall be based upon the principles of smaller government and greater personal freedom.

The goals of the LPD include, but are not limited to:

  1. Building LPD voter registration and maintaining ballot access
  2. Nominating candidates for political office
  3. Public education and outreach

Article III: Leadership and Organization

Composition of the State Board

The leadership of the LPD shall consist of a State Board to include an Executive Committee composed of a Chair, Vice Chair, Secretary, and Treasurer; and two further members from each of the three counties. The county representatives may be selected based on rules and procedures established by the individual counties, and their election may take place either at a county meeting or at a caucus of the members from the individual counties at the State Convention. All members shall be elected in odd numbered years for a two year term. Any vacancies may be filled by the county affiliate to complete the existing term.

Meetings

Meetings of the State Board shall be held quarterly and broadcast electronically to allow remote attendance. In addition, ad hoc meetings may be convened upon the motion and second of any main motion by two members of the Board and the successful completion of a quorum call. Said ad hoc meetings shall take place on a publicly viewable internet forum established by the State Board for that purpose, and all motions and votes for said ad hoc meetings must be reported on a publicly shared email thread showing how each member voted if a physical meeting is not practical.

Quorum

A quorum shall consist of a simple majority of Board members or their proxies. Unless stated otherwise a simple majority of members voting will be required to pass measures before the State Board. All votes conducted at regular meetings shall be by roll call and a report shall be published to a public email list.

Proxies

Any member of the State Board who is unable to attend a meeting of the Board may appoint a proxy. Proxies for a county representative must be chosen from among other members of that county. Under no circumstances may any one member of the State Board be allowed to cast more than one vote. The proxy shall possess all powers, rights, duties, and responsibilities held by the appointing member of the State Board. The proxy and all powers, rights, duties, and responsibilities inherent therein shall expire at the termination of the State Board meeting for which the proxy was appointed.

Article IV: County Affiliates

Each of the three counties shall organize local chapters of the LPD. These county chapters may develop, if they choose, their own Articles of Association, By-Laws, and Political Platforms as long as they meet the following criteria:

  1. They do not conflict with any State LPD operating documents,
  2. They provide an equitable method for selecting members of the State Board, and
  3. Separate individuals must be Chair and Secretary.
  4. All county Articles of Association and By-Laws shall be recorded and linked to the state LPD website for ease of access.
  5. County affiliate membership shall be determined by membership in the LPD and residence in that county. No other membership criteria may expand or limit membership.
  6. All county affiliates must hold monthly meetings open to all members with notice provided as to the time and location at least one week in advance. No business may be conducted by any county affiliate that does not provide transparency to the public and the opportunity to provide input to all members.

The State Board reserves the right to adjudicate any issues in the county affiliates in order to ensure that all county affiliates reflect the highest ideals of the Libertarian Party. The State Board may take action including but not limited to:

  1. Removal/Reappointment of County Officers
  2. Veto of County Motions
  3. Amending of County AoA or Bylaws
  4. Reassignment of Responsibility for County Assets
  5. Disaffiliation of the County

Such actions may be taken by a 2/3 vote of the State Board. If a county is disaffiliated, the State Board shall establish a process for reconstituting the county affiliate by majority vote and all county assets shall be held in trust by the State Board to benefit the new affiliate.

Article V: Duties of the State Board

  1. Conduct fundraising, secure LPD resources, and make spending decisions.
  2. Complete required campaign finance filings with the Commissioner of Elections.
  3. Update Commissioner of Elections on current Officers of the Executive Committee.
  4. Recruit potential political candidates and submit nominating documents to the State.
  5. Coordinate activities with the National LP.
  6. Conduct an annual Statewide Convention to:
    1. Select National LP Convention delegates (even years),
    2. Nominate candidates,
    3. Select LPD officers and board members (odd years), and
    4. Conduct other business.
  7. Establish rules for the convention including credentialing of attendees.
  8. Propose an agenda.
  9. Administer web pages and social media pages.
  10. Other day to day operations of the LPD.
  11. Establish temporary standing or special committees for no more than two years except by an amendment to these Articles and to codify their duties, composition, and reporting requirements.
  12. Maintain Policy Manual
    The Chair, Secretary, and IT Director of the LPD shall coordinate as needed to maintain an LPD Policy Manual to retain any motions passed affecting the operations of the LPD. This Policy Manual shall be accessible to the public and linked from the LPD Website to ensure transparency and accountability. Motions included in the Policy Manual shall be considered binding on all LPD officers, board members, staff, and volunteers as well as those of its county affiliates when designated as such and passed with the requisite 2/3rds majority restricting State Board oversight of county affiliates.

    Once adopted by a majority vote, motions added to the Policy Manual shall be considered Special Rules of Order for the State Board of the LPD and shall require a 2/3rds majority vote to amend or repeal. Any topics not covered by the Policy Manual shall be governed by the governing documents of the LPD and any previous policies governing the LPD shall be vacated within 90 days of adopting this motion unless they are explicitly affirmed as amendments to the Policy Manual.

    This initial motion shall be included in the Policy Manual and shall appear at the top of any listing of adopted policies. Additional policies shall be organized by the Chair, Secretary, and IT Director subject to oversight by the State Board. A majority vote shall be sufficient to reorganize policies, when necessary, without otherwise editing or removing them from the Policy Manual.

Article VI: Standing Committees

  1. Financial Oversight Committee:
    The Libertarian Party of Delaware (“LPD”) shall maintain a Financial Oversight Committee (“FOC”) consisting of three members of the LPD. The elected Treasurer of the LPD shall serve as the chair of the FOC ex officio. Two additional members shall be added or removed by a majority vote of the State Board of the LPD. The Treasurer shall provide copies of all bank statements for all accounts holding LPD funds, and an accounting of any other funds held on behalf of the LPD for which statements are not provided on a monthly basis. The Treasurer shall also provide the FOC with copies of all campaign finance reports delivered to the Delaware Commissioner of Elections (“COE”) within one week of their due date.

    Any member of the FOC shall make a report to at least the Chair of the LPD and if possible the Secretary and other members of the LPD State Board immediately in the event any discrepancies are discovered between the authorized expenses of the LPD and the transactions accounted for by the Treasurer, if there is any discontinuity between the statements and accounting of other funds provided by the Treasurer, or if any campaign finance reports are not accurately delivered to the COE.

    Upon receipt of any such reports, the State Board shall begin its own investigation in cooperation with the FOC and within 30 days consider a motion to determine whether or not the Treasurer has acted properly or should be removed from the position.

Article VII:Membership

Any person who agrees to abide by the terms of these articles is a member of the LPD provided they have met at least one of the following criteria for at least 60 days:

  1. Is a registered Libertarian according to the Commissioner of Elections.
  2. Is a sustaining member of the National LP residing in Delaware.

Members must also be approved by a majority of the State Board, and may be approved on a temporary or permanent basis. Membership may be revoked by a 2/3 vote of the State Board.

Members may also be approved on a temporary or permanent basis by a 2/3rds vote of credentialed delegates in Convention, or the credentialed delegates may elect to waive the approval requirement for the duration of the convention by a 2/3rds vote.

Article VIII: Credentialing

  1. The credentials committee for the LPD Annual State Convention shall be comprised of the county chairs of all three counties. They shall be responsible for certifying that all voting members of the convention meet the criteria outlined in the Bylaws for membership in the Libertarian Party of Delaware and reporting the names and numbers to the convention members for approval by a quorum of the State Board.
  2. The report shall also include the names and numbers for qualified individuals who have not been approved for membership. Members may also name and serve as proxies for other members as needed provided written authorization is presented to the credentials committee and verified as authentic. Members serving as proxies shall also be specifically enumerated in the credentials report. The State Board shall establish a process for credentialing remote delegates subject to the technical ability to support remote attendance at the convention venue. No voting member may serve as proxy for more than one other voting member.
  3. Non credentialed individuals may attend the convention as guests, but will be required to be seated in a segregated area so as to insure the integrity of voting eligibility.

Article IX: Voting Procedures

Election of party officers, delegates to the national convention, and nominations of candidates for public office shall require a majority of those voting. "None of the Above" shall always be a candidate. If there is not a majority, the candidate (excluding None of the Above) with the least number of votes shall be dropped and a new vote shall be taken. If there is a tie vote for the last two candidates, there shall be a ten-minute recess and the vote shall be repeated. This procedure shall continue until the tie is broken. If "None of the Above" wins, the party office shall be vacated for the next year or no one shall be nominated for public office.

Delegates to the national convention shall be elected by each member writing their slate of desired delegates on a secret ballot and with the individual delegates receiving the most votes being selected. Uncontested delegate elections need not be conducted by secret ballot.

Article X: Notice

Many actions described in these Bylaws require notice of that pending action be provided to members. Any one of the following methods shall constitute proper notice:

  1. Posting on the LPD Facebook page
  2. Posting to the LPD Facebook group
  3. Posting on the LPD webpage

Article XI: Amendment

  1. The State Board shall appoint and remove members of a Bylaws Committee by majority vote.
  2. Members of the Bylaws Committee shall review all amendment proposals submitted by any member and release a report containing:
    1. the originally submitted amendment,
    2. any revised version which may receive a majority vote of committee members,
    3. any recommendations regarding the proposal written by committee members.
  3. Any five members of the LPD may petition the Bylaws Committee between 90 and 60 days prior to an annual convention to review a proposed amendment, in which case a report shall be released no less than 30 days prior to the convention.
  4. The State Board may also pass a motion with a majority vote to generate its own report.
  5. This report shall be published to the State website and distributed through social media.
  6. These Bylaws may be amended 30 days after publication of the report in either of two ways:
    1. A 2/3 vote of the entire State Board as long as notice of proposed changes was made at least 30 days in advance.
    2. A 2/3 vote of members present at a State Convention as long as notice of proposed changes was made at least 30 days in advance.
  7. Pending notifications shall expire following a failed vote to adopt the noticed amendment.

Article XII: Other Rules and Procedures

  1. Executive Committee Succession

    The Chair shall have the power to fill vacancies on the Executive Committee by appointment with the consent of a majority of the State Board. Such appointments shall last until the next election of party officers.

  2. Chair Succession

    If the Office of Chair is vacated, it shall pass to the Vice Chair. If there is no Vice Chair, the Chair shall next pass to the Chair of the County with the greatest number of members according to Delaware Commissioner of Elections lists.

  3. Convention and State Board Meeting Rules

    1. A Convention of the LPD will be held annually as per the Bylaws.
    2. Conventions and State Board Meetings shall be conducted in accordance with Roberts Rules of Order except where superseded by these Articles and Bylaws.
    3. The Chair of the State Board or his designee will serve as Chair of the Convention.
    4. Voting for candidates, delegates, and officers of the executive committee will be by secret ballot. Uncontested elections may be conducted by voice vote with “nay” votes indicating a vote for None of the Above.
    5. Further rules for conducting the convention may be designated by the Convention Chair
  4. Disciplinary Action

    Members of the State Board may be removed from office in one of two ways:

    1. By a majority vote of all current State Board members on a motion to remove, or
    2. At Convention by a motion to sanction and a vote of 2/3 of members present.
  5. Online State Board Meetings

    Any votes conducted online shall remain open for 48 hours unless a sufficient number of votes has been recorded to determine the result of the vote as if the entire State Board had responded, in which case the Chair may direct the Secretary to record remaining votes at their discretion. After 48 hours, votes shall be ruled on based on the quorum of members who have responded.

This version of the Bylaws is current as of February 19th, 2022.


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