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Constitution and Bylaws
of the Democratic Party of Anderson County, Tennessee
(Revised April 2, 2011)
Amended 2/14/1974, 11/29/1979, 5/20/1980, 8/25/1983, 9/21/1985,
7/10/1997, 9/2/1999, 3/31/2007
Substituted and adopted 9/21/1993, 10/25/1997, 10/16/1999, 4/7/2001,
4/2/2011
Article I. Name and Purpose
Section 1. The name of this organization shall be
the Anderson County Democratic Party.
Section 2. The purpose of this organization shall
be to promote the ideals and principles of the Democratic Party and
to aid in the election of Democrats and Democratic nominees for
public office.
Article II. Membership
Section 1. Eligibility. Membership is open to all
residents of Anderson County, Tennessee, who are registered to vote.
Section 2. Nondiscrimination. Membership in the
Anderson County Democratic Party shall not be denied because of
race, color, sex, religion, age, disability, or ethnic origin.
Article
III. Powers and Responsibilities
Section 1. Governance. The governance and direction
of the affairs of the Anderson County Democratic Party shall be
vested in the Anderson County Executive Committee (the ‘Executive
Committee’) and in officers of the Anderson County Democratic Party,
as hereinafter set forth in these bylaws, subject to the laws of the
State of Tennessee and such rules as may be established by the
Tennessee State Democratic Executive Committee.
Section 2. Party Responsibilities. The Anderson
County Democratic Party shall have the following responsibilities:
a. Planning and conducting all county meetings, conventions, and
fund-raising activities
b. Keeping and maintaining records of all Democratic Party meetings
and business.
c. Supporting the duly selected nominees of the Democratic Party.
Article IV. Executive Committee
Section 1. Membership. The Executive Committee
shall be composed as nearly as possible of equal numbers of men and
women elected at the sub-convention (precinct caucuses) of a
biennial county convention described in Article VI, plus those who
become members pursuant to Article VIII, Section, 1, Officers.
Additionally, all Anderson County Democrats holding public office or
state party office, elected by popular vote at a municipal, county,
state, or national level shall be entitled to become members of the
Executive committee, as at-large members, during the tenure of their
office, provided that no person elected on an Independent ticket
shall be considered in this category. Elective offices such as, but
not limited to, City Councils, Boards of Education, County
Commissioners, and Constables, although not subject to the
Democratic Primary, shall not be considered as Independents for the
purpose of this section.
Section 2. Manner of Election. The Executive
Committee members shall be elected at the sub-convention (precinct
caucuses) called for that purpose. The election shall be held in
odd-numbered years on a date recommended by the officers within the
timeframe specified by the Tennessee Democratic Party Executive
Committee.
Section 3. Resignations. The resignation of any
member of the Executive Committee shall be made in writing and shall
take effect at the time specified therein, or if no time is
specified, upon receipt of such resignation by the chair.
Section 4. Vacancies. A vacancy shall be filled by
nomination from the membership. Any vacancies occurring in the
Executive Committee may be filled by the affirmative vote of a
majority of the Executive Committee present at any regular meeting,
even though less than a quorum of the Executive Committee is
present. In the event of a vacancy, whether resulting from a
resignation, failure to meet an attendance requirement, or failure
of any precinct to elect its Executive Committee members, the
remaining Executive Committee members in attendance at any
subsequent meeting may fill those positions from members of the
Anderson County Democratic Party who reside in that precinct and who
meet the requirements of a duly elected member. Any person nominated
to fill a vacancy on the Executive Committee must be present at the
time of their election.
Section 5. Attendance. An officer or precinct chair
who does not attend a regular meeting for six (6) months shall have
his or her office declared vacant by the Executive Committee chair.
The individual in question may remain a member of the Executive
Committee. After the officer or precinct chair in question has been
absent for four (4) months, he or she shall be notified at least
fourteen (14) days before the next meeting and by certified mail
that such action is imminent. If the officer or precinct chair still
fails to meet the attendance requirement, the position will be
declared vacant without additional notice. The vacancy shall be
filled in accordance with Article IV, Section 4, Vacancies.
If an officer or precinct chair has not met the attendance
requirements, he or she shall not be eligible for election as an
officer or precinct chair until the next County Convention.
Additionally, if an officer does not attend 50% of the regular
meetings during his or her two- (2-) year term, he or she shall not
be eligible for election as an officer at the next County
Convention.
Section 6. Manner of Acting. The act of a majority
of the Executive Committee members present shall be the act of the
Executive Committee, unless a greater number be required by law or
by these bylaws.
Section 7. Removal of Voting Status.
a. Notice and Opportunity To Be Heard. The Executive
Committee may vote to remove the voting
Rights of an Executive Committee member, but only if all Executive
Committee members, including the member in question, are given a
letter, enclosed in an envelope for confidentiality, that specifies
the reason for such action at least fourteen (14) days prior to the
meeting in which such action is to be voted. The member in question
must be given fourteen (14) days written notice and an opportunity
to be heard.
b. Reasons for Removal of Voting Rights. Reasons for
removal may include, but are not limited to, the
following: (i) qualifying for political office as an Independent or
representing any political party other than the Democratic Party and
opposing a duly qualified Democratic nominee; or (ii) demonstrating
disloyalty to the Democratic Party, either in the form of a public
announcement of support of a candidate of another party in a pending
election, or by working for or giving financial support to any such
candidate running against a duly nominated candidate of the
Democratic Party.
c. Majority Required for Removal of Voting Rights. An
Executive Committee member shall not be
denied voting rights unless and until such a member is given an
opportunity to be heard and a three-fourths (3/4) majority of the
Executive Committee members present at the meeting vote for removal
of his or her voting rights.
Article V. Meetings
Section 1. General. All meetings of the Anderson
County Democratic Party or of the Executive Committee shall be well
publicized through e-mail, postcard, or newsletter notification sent
to members at least fourteen (14) days prior to the date of the
meeting, and through notification to the public in county-wide news
media. All meetings shall be held at convenient times and locations
and shall be open to the general public and media representatives
(except where legal counsel otherwise indicates need for a closed
meeting).
Section 2. Regular Meetings. Regular meetings of
the Executive Committee shall be held monthly in an election year,
bimonthly in a nonelection year, or when called by the chair or
one-third (1/3) of the Executive Committee members.
Section 3. Quorum. Fifteen percent (15%) of the
members of the Executive Committee shall constitute a quorum for the
transaction of business at meetings of the Executive Committee. If
less than a quorum is present at a meeting, a majority of the
members present may adjourn the meeting.
Section 4. Convention Meeting. A regular meeting of
the Executive Committee shall be held without other notice than
these bylaws immediately after the convention, at the same meeting
place.
Article VI. Conduct of Convention
Section 1. Convention. The election of Executive
Committee members and chairs of the individual precincts will be
conducted at the biennial county convention of Anderson County
Democrats. The provisions for the holding of the county convention
shall be as follows:
a. The convention shall be well publicized in the local news media.
At least fourteen (14) days
prior notice must be given.
b. All members of the Anderson County Democratic Party who are
registered voters are invited to attend the convention and are
eligible to vote and to be candidates for the Executive Committee
after attesting they are bona fide Democrats by execution of
affidavits or affirmations to that effect.
c. The convention shall be called to order by the incumbent chair of
the Anderson County
Democratic Executive Committee. Attendees from each precinct will
caucus separately as sub-conventions. In each sub-convention, a
chair shall be duly elected and the chair shall then call for
nominations for each Executive Committee position. Separate
elections shall be held for each Executive Committee position. Each
precinct may elect one alternate for each Executive Committee
position. A nominee must be present at the County Convention to be
elected at the convention as an Executive Committee member or
alternate. If there are vacancies in any precinct after the County
Convention, those who were unable to attend may be elected at a
subsequent Executive Committee in accordance with Article IV,
Section 4, Vacancies and Article VI, Section 1(b). Each precinct
shall be entitled to elect one Executive Committee member for each
twenty-five votes, or major fraction thereof, cast in that precinct
for the Democratic candidate in the last gubernatorial election.
These positions shall be divided as evenly as possible between males
and females. A plurality shall prevail for each election.
d. After nominations cease, the ballot is closed and the elections
shall commence. Upon the
Completion of the election of the appropriate number of Executive
Committee members and alternates who have been elected from that
precinct, the convention shall reassemble and each precinct shall
report the Executive Committee members who have been elected from
that precinct. The convention shall then adjourn, and a meeting of
the newly elected Executive Committee shall begin.
Article VII. Proxies
Section 1. No Proxies Allowed. No proxy shall be
allowed at any meeting of the Executive Committee.
Section 2. Unit Rule. No voting by the unit rule
shall be allowed at any meeting of the Executive Committee.
Article VIII. Officers
Section 1. Officers. The officers of the Anderson
County Democratic Party shall be chair, immediate past-chair, 1st
vice-chair, 2nd vice-chair, secretary, newsletter editor, and
treasurer, all of whom shall be elected by the Anderson County
Executive Committee for a two- (2-) year term, or until their
successors are duly elected and qualified. No officer may be elected
to more than two consecutive two-year terms.
Section 2. Election of Officers. The officers shall
be elected by a simple majority of the members of the Anderson
County Democratic Executive Committee present at the meeting held
immediately following the convention. In the even a majority is not
achieved, a runoff election shall be held until a majority prevails
with the person receiving the lowest vote being dropped from the
next ballot. A complete list of all officers and Executive Committee
members shall be forwarded to the Chair of the Tennessee Democratic
Party within ten (10) days after their election and such list shall
be available to any Executive Committee member.
Section 3. Vacancies. Vacancies in any office for
any reason may be filled, in accordance with Article IV, Section 4,
Vacancies, by the Executive Committee for the unexpired portion of
the term.
Section 4. Chair. The chair shall preside over any
convention which may be called and over the meetings of the
Executive Committee. He or she shall perform all duties incident to
the office of chair and such other duties as may be prescribed by
the Executive Committee members from time to time. The chair shall
be an ex-officio member of all committees.
Section 5. Immediate Past Chair. The past chair
shall perform ad hoc assignments and assist the chair as needed to
ensure a smooth transition in leadership and continuity of purpose.
Section 6. 1st Vice-Chair. In the absence of the
chair or in the even of his or her death or inability or refusal to
act, the 1st vice-chair shall perform the duties of the chair and,
in so acting, shall have all the powers of, and be subject to all
the restrictions on, the chair. He or she shall perform all duties
incident to the office of vice-chair and such other duties as may be
assigned to him or her by the chair or by the Executive Committee.
Section 7. 2nd Vice-Chair. The 2nd vice-chair shall
assume the duties of the chair in the absence of both the chair and
the 1st vice-chair.
Section 8. Secretary. The secretary shall:
a. keep the minutes of the Executive Committee, including attendance
records for the officers and precinct chairs;
b. keep the minutes of any conventions which may be held;
c. be custodian of the records of the Executive Committee;
d. keep membership records and have general charge of membership
books of the Executive Committee;
e. perform all duties incident to the office of secretary and such
other duties as from time to time may be assigned to him or her by
the chair or by the Executive Committee, or which may be required by
law.
f. see that all notices are duly given in accordance with the
provision of law and these
bylaws;
g. maintain copies of all correspondence received or sent; and
h. prepare correspondence for signature of the appropriate officer
or Executive Committee member as directed by the chair.
Section 9. Newsletter Editor. The newsletter
editor shall prepare and send the newsletter, ensuring that it is
mailed in time to give adequate notice, in accordance with these
bylaws, or regular meetings or other meetings, as directed by the
chair. Announcements will be sent via e-mail.
Section 10. Treasurer. The treasurer shall:
a. have charge and custody of, and be responsible for, all funds and
securities of the Party from any source whatsoever and deposit all
such monies in the name of the Anderson county Democratic Executive
Committee in such bank or other depositories as shall be selected in
accordance with the provisions of these bylaws;
b. keep and maintain, open to inspection by any member of the
Executive Committee, at all reasonable times, adequate or current
accounts of the funds and transactions of the Executive Committee,
which shall include all matters required by law;
c. disburse the funds of the executive Committee as ordered by the
Executive
Committee;
d. present an itemized written statement of income and expenditures
and the current financial condition of the Executive Committee to
members at each regularly scheduled meeting or any other meeting as
requested by the Chair or the Executive Committee;
e. perform all of the duties incident to the office of treasurer;
and
f. if required by the Executive Committee, give a bond, to be paid
for by the Executive Committee, for the faithful discharge of his or
her duties, in such sum and with such corporate surety or sureties
as the Executive Committee shall determine.
Section 11. Officers Must Support Nominees of the Democratic
Party. No person shall be an officer or member of the
Executive Committee who does not support nominees of the Democratic
Party. Failure to support the nominees of the Democratic Party shall
be cause for removal from office. Any removal shall be in
accordance with Article IV, Section 7. However, no officer, or
member of the Executive Committee, or member of the Democratic Party
is obligated to support a candidate who was affiliated with another
party, or ran as an Independent, or refuses to execute an affidavit
in accordance with Article VI, Section 1(b).
Section 13. Resignations. The resignation of any
officer of the Executive Committee shall be made in writing and
shall take effect at the time specified therein, or if no time is
specified, then it shall take effect upon receipt of such
resignation by the chair.
Article IX. Committees and Duties
Section 1. Committees Appointed by Chair. The
chair may establish committees, to be composed solely of Executive
Committee members. Each committee shall provide a written report to
the officers and to the Executive Committee as a whole. The
permanent committees of the Executive Committee shall be as follows:
a. Resolutions,
b. Political,
c. Budget,
d. Publicity,
e. Rules,
f. Social,
g. Ways and Means, and
h. Audit.
Section 2. Duties of Committees.
a. The Resolutions Committee will consist of five (5) Executive
Committee members appointed by the party chair. The Resolutions
Committee will serve at the pleasure of the chair and officers and
at the direction of the Executive Committee. The purpose of
the Resolutions Committee is to receive proposed resolutions
referred to it by the Executive Committee and to develop a final
draft resolution to be resubmitted to the Executive Committee for
final approval. Upon final approval by the Executive
Committee, the Resolutions Committee shall forward the resolution in
its final form to the appropriate officials as directed by the
resolution.
b. The Political Committee is charged with formulating and
implementing strategy for the
election to office of Executive Committee nominees for public
office. It shall maintain a comprehensive file of Democratic voters
of Anderson County. It shall take no action in primary elections.
c. The Publicity Committee under the direction of the officers and
the Executive Committee shall be responsible for obtaining
newspaper, radio, and television publicity for the Democratic Party
and its candidates.
d. The Rules Committee shall study the bylaws and at the direction
of the Executive Committee or upon the request of five (5) or more
Executive Committee members or of twenty-five or more voting
Anderson County Democrats shall consider proposals for their
amendment. The Rules Committee chair, or a member of the
committee designated by the committee chair, with the approval of
the chair of the Executive Committee, shall act as parliamentarian
of the Executive Committee in accordance with Robert’s Rules of
Order, Newly Revised.
e. The Social Committee shall plan and arrange for Party functions
with approval of the
Executive Committee.
f. The Ways and Means Committee shall work with the treasurer and
plan such fundraising
activities deemed necessary.
g. The Budget Committee shall prepare a budget of anticipated
expenditures for the upcoming year and submit it at the January
meeting for approval of the Executive Committee.
h. The Audit Committee shall audit the books of the Party no later
than January 31st of each year and report to the Executive Committee
at the next regular meeting. Additional special audits may be
required by the chair. The Audit Committee shall establish a set of
financial procedures to be reviewed and approved by the Executive
Committee.
Article X. Conduct of Business at Meetings
Section 1. The regular order of business at Executive
Committee meetings shall be as follows:
a. Call to Order
b. Pledge to the Flag,
c. Roll Call,
d. Minutes of Previous Meeting,
e. Treasurer’s Report,
f. Resolutions,
g. Announcements,
h. Old Business,
i. New Business,
j. Elections,
k. Adjournment.
Article XI. Resolutions
Section 1.
a. All proposed resolutions shall be submitted to the party chair in
writing at least thirty Days prior to a scheduled Executive
Committee meeting in order to be placed on the meeting agenda.
b. Upon receipt, the chair shall present the proposed resolution
to the officers of the Executive Committee for review and
consideration. The officers shall then submit the proposed
resolution to the Executive Committee with their recommendation to
approve or not approve. The recommendation from the officers must be
in the form of a motion to either approve or not approve, and such a
motion shall follow the standard rules of procedure as set forth in
Robert’s Rules of Order.
c. Upon approval by a simple majority vote, the draft of the
resolution shall be
forwarded to the Resolutions Committee as set forth in Article IX,
Section 2, subsection (a). The final draft of the resolution shall
be presented by the Resolutions Committee to the Executive Committee
at the next scheduled Executive Committee meeting for final
approval.
d. All proposed resolutions shall state the purpose of the
resolution and give instruction as to where the resolution shall be
forwarded.
e. Resolutions which are not presented to the party chair at least
thirty (30) days prior to a scheduled Executive Committee meeting
may be presented to the Executive Committee for consideration but
shall require a 2/3 majority vote of those members Present to be
placed on the meeting agenda.
Article XII. Parliamentary Procedures
Section1. The current edition of Robert’s Rules of
Order, Newly Revised shall govern meetings of the Executive
Committee in all cases to which they are applicable and in which
they are not inconsistent with these bylaws and any special rules of
order which may be adopted.
Article XIII. Amendments
Section 1. These bylaws may be amended or
substituted by a two-thirds (2/3) vote of the members of the
Executive Committee in session at any meeting of the Executive
Committee called for that purpose, or any regular meeting of the
Executive Committee for which a rules change has been published
fourteen (14) days in advance and announced as an item on the agenda
of the meeting so advertised.
Article XIV. Contracts and Expenditures
Section 1. Contracts, Expenditures, Bill Retention.
No expenditures or bills shall be made or contracts entered into
which obligate the Executive Committee unless such expenditures or
contracts are authorized by a majority vote of those present at a
duly called meeting at which a quorum is present, except those
expenditures for not more than two-hundred fifty dollars ($250.00)
obligating the Executive Committee may be authorized by the chair of
the Executive Committee. Expenditures for not more than five-hundred
dollars ($500.00) may be made by the chair with the simple majority
approval of the Executive Committee officers between Executive
Committee meetings when it is not practical to delay until the next
Executive Committee meeting. The chair shall report the reason for
the expenditure at the next Executive Committee meeting. All paid
bills shall be retained by the treasurer for a period of six (6)
years. All expense items or bills incurred on behalf of the
Executive Committee shall be reported, together with verification,
to the treasurer within thirty (30) days from the date on which said
expense or bill is incurred. The treasurer shall pay said expense or
bill as soon as practicable. The time set out herein may be waived
for good cause shown.
Section 2. Audits. Auditors shall be designated by
the Executive Committee, who shall audit and examine the books of
account of the Anderson County Democratic Party and shall certify to
the Executive Committee the annual balances of the books which shall
be prepared at the close of the fiscal year, by, or under the
direction of, the treasurer.
Article XV. Rules
Section 1. The Anderson County Democratic Party is
a constituent part of the Tennessee Democratic Party. State Party
rules take precedence over the bylaws of the Anderson County
Democratic Party.
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