BYLAWS: SOUTH DAKOTA LIBERTARIAN PARTY Adopted
1994, Revised 26 August 1996
Bylaws
South Dakota
Libertarian Party
Table of Contents
ARTICLE I: NAME AND PURPOSE 1
ARTICLE II: MEMBERS
1
ARTICLE III: OFFICERS AND EXECUTIVE COMMITTEE 1
ARTICLE IV: CONVENTIONS AND
MEETINGS
2
ARTICLE V: NOMINATIONS AND ELECTIONS 3
ARTICLE VI: FINANCE AND
ACCOUNTING
4
ARTICLE VII: BYLAWS AMENDMENTS 4
ARTICLE VIII: MISCELLANEOUS 4
ARTICLE IX: EFFECTIVE DATE: 5
Bylaws
South Dakota Libertarian Party
ARTICLE I NAME AND PURPOSE
These
by-laws shall govern the South Dakota Libertarian Party, a political
party organized under the laws
of South Dakota.
Throughout these by-laws, the terms “party” and “SDLP” may be used
interchangeably,
although referring
to the same entity. The purpose of the SDLP is to promote libertarian
solutions to
contemporary problems
through the political process.
ARTICLE II MEMBERS
Section 1. Anyone who is registered in South Dakota as a Libertarian or who is a member of the U.S. National Libertarian Party is eligible to become a voting member upon payment of membership fees.
Section 2.
Membership fees for the following year shall be set
by the Executive Committee (“ExCom”)
no less than three (3) months after the annual
meeting, to become effective upon official
notification to the membership. membership
shall run for twelve months following payment of
dues.
Section 3.
Dues will be paid current no less than one (1) hour
before the beginning of the annual party
meeting.
Section 4. Members must be present at meetings to vote. No proxies will be taken.
ARTICLE III OFFICERS AND EXECUTIVE COMMITTEE
Section 1.
Officers.
Members filling the positions of officers must be current paid members
of SDLP and
reside
in South Dakota. The following positions shall be filled by election
during the annual
Party meeting: President, Vice-President
(Secretary), and Treasurer.
Section 2. Duties of Officers.
President. The President shall conduct all
meetings of the SDLP and the ExCom. The President
shall be one of the SDLP delegates to the National Libertarian Party
convention. The President
has
authority to speak on behalf of SDLP for all public relations
activities and other duties
assigned by the ExCom.
Vice-President: The Vice-President (“VP”) shall be the
chief assistant to the President holding
such executive powers as the President shall delegate, and shall
perform such duties as shall
be assigned by the President or the ExCom. The VP shall attend all
meetings of theExCom and
all party conventions, and shall act as secretary thereof, keeping such
records and minutes as
necessary. The VP shall make an annual
report to the ExCom. The VP shall perform or make
provisions for the performance of any legal assistance the Party may
require.
Treasurer: The Treasurer shall receive all money
paid to the SDLP, and shall deposit the
same is
such bank or banks as have been designated by the ExCom, and shall
disburse said
money
upon order of the ExCom. Treasure shall make a complete financial
report to theExCom
and at
least annual reports to the Membership. Treasurer shall perform all
duties required of
his/her
office by applicable federal and state law.
Section 3. Executive
Committee. The Executive Committee (“ExCom”) shall consist
of three (3) duly elected
officers, plus two (2) members at large. Members elected to the ExCom
must be members in good
standing of the SDLP. Newly elected members for the ExCom shall serve ex officio until their
terms
become effective at the beginning of the following calendar year.
Section
4. Standing and Ad Hoc
Committees. The ExCom shall have the power to appoint
committees.
It may
create and dissolve committees at any meeting of the ExCom by a
majority vote.
Section
5. Meetings.
The ExCom shall meet at least quarterly at such times and places as may
be determined
by the action
of the committee, by call of the President, or by the written request
of at least
two (2)
members of the Committee. It may meet more frequently as necessary and
per request of
one-third
(1/3) of the committee members. Either a written or telephonic notice
shall be given at
least
fourteen (14) days before said meeting. The ExCom may transact meetings
and business
by mail,
telephone, or electronic media. The ExCom shall be prohibited
from conducting any
closed-door
meetings and will not disallow any Party member in good standing from
attending
meetings.
Section
6. Quorum.
A quorum is present when two-thirds (2/3) of the membership of a
committee is
present.
Section 7. Voting.
A majority vote of those present at a meeting shall rule. In the event
of a tie, the
proposed
action, business or resolution fails.
Section 8. Term of Office.
Terms of office for the officers and executive committee shall be one
(1) year.
A member may serve
unlimited consecutive terms of office.
ARTICLE IV CONVENTIONS AND MEETINGS
Section 1.
Annual Convention and Party Meeting.
The annual meeting shall be held at a date, time, and
place
determined by the ExCom with the provision that the dates should
normally be during
the period
between 1 June and 30 August.
Section
2.
Notice of Convention.
Notices of the Convention will be mailed to all registered SDLP
members, and
other registered Libertarians in South Dakota (when such names and
addresses are known)
at least fourteen (14) days prior to the convention date. Such notice
shall include the date,
time, place, and any proposed actions to be taken by the membership.
In addition, press
releases of notice of the annual convention will be published in major
newspapers in Aberdeen, Pierre, Rapid City, and Sioux Falls, at a
minimum, least fourteen (14)
days in advance of the annual
convention.
Section 3. Special Membership Meetings. A special meeting of the members may be called as determined by the ExCom following the same procedures as Section 2 above.
ARTICLE V
NOMINATIONS AND ELECTIONS
Section 1.
Eligibility.
To be eligible for any Party
office, a candidate must be a member in
good standing of the
Party and must reside in South Dakota.
Section
2.
Nominations and Elections of
Officers and Executive Committee. Nominations shall
be
made by party members. The
names of all nominees, in order nominated, shall be clearly
posted during the Party
meeting and immediately prior to voting. In the event only one
(1)
nominations is made, the
President shall request a voice acclamation of the nominee
from themembers present to
confirm the acceptance of the nominee. If there are two (2) or
more nominations, a secret ballot
shall be cast by the members. Two members shall be
appointed by the President to
tally the votes. Any member may inspect the ballots cast
and bring discrepancies to the
attention of the convention.
Section 3.
Endorsement
of Political Office Seekers. The members
shall endorse Libertarian
candidates that have obtained the
majority vote from the primary election. In the event
no primary election was required (only one
candidate ran for office on the primary ballot),
the President shall request a voice
acclamation from the members. Primary election voters
shall include any registered Libertarian,
Independent, and other unaffiliated voters.
Section
4. Nomination and Election of
Candidates for Political Office. The
members shall nominated
candidates(s) for Lieutenant-Governor,
as appropriate. Procedures for election shall be the
same as for Party officers and ExCom.
The embers may nominate candidate(s) for the
following state offices:
Attorney-General, Secretary of State, Auditor, Treasurer, Commissioner
of School and Public Lands, Public Utilities
Commissioner, and other state offices as may
be open. The procedures for election
shall be the same as for Party officers and ExCom.
Section
5. Vacancies in Positions of Officers
and Executive Committee. In the event of
a vacancy
in the office of President, the
Vice-President shall serve the remaining term of office. In the
event of a vacancy in the position
of any other Officer or Member of ExCom, ExCom shall,
within sixty (60) days of notification
of said vacancy, choose, by majority vote, a qualified
and consenting member of the SDLP to serve the
remaining term of office in said position.
Section
6. Majority Rule.
In any Party or ExCom election, the members always have the right to
vote
for “NOBODY”. If “NOBODY” wins a majority of
the votes cast, nominations will be reopened.
The office may
be filled by reopening nomination and holding another vote.
Section 7.
National Libertarian Party
Convention Delegates. At the Party
Convention prior to the
National Libertarian Party Convention, the members
shall nominate members to serve as state
co-delegates with the President,. Nomination and election procedures
shall be as for Party
Officers and ExCom. Vacant delegate positions may be
filled by appointment by ExCom.
Delegates to the National Convention shall vote on
the first ballot for the presidential
candidate who received the most votes in the South
Dakota Libertarian primary election.
Delegates shall continue to vote for that candidate
through subsequent ballots, until
released by that candidate, or until delegates agree
that to continue to vote for that
candidate would be counterproductive and/or would
threaten party unity. If no Libertarian
candidate for President of the United States
qualifies for the general election ballot in
South Dakota, delegates to the National Libertarian
Convention may vote their consciences
with respect to nomination of a national candidate.
ARTICLE VI FINANCE AND ACCOUNTING
Section 1.
The budget and membership each
year shall run concurrently and begin with 1 January and
end with 31 December of each year.
Section 2. All disbursements shall be made by check from a checking account authorized by the ExCom.
Section
3.
The SDLP may not borrow funds without 100% concurrence of all members
of the ExCom.
ARTICLE VII BYLAWS AMENDMENTS
Section
1.
The bylaws of the SDLP may be added to, changed, amended, replaced, or
revoked by 75%
of the members present at any membership meeting of the SDLP or
any special membership
meeting of the SDLP.
Section
2. Recommended additions,
changes, amendments, replacements and revocations shall
be inserted in the
notice of the convention or meeting given to each member
(Article IV,
“Meetings”).
ARTICLE
VIII
MISCELLANEOUS
Section 1.
Recordkeeping.
The SDLP shall keep complete books and
records. Minutes of the
ExCom and members’ meetings shall be reduced to writing and preserved.
Section 2.
Annual Report.
The Treasurer shall prepare an
annual financial report for distribution
to the
membership during the annual meeting.
Section
3. Emergency Meetings.
In case of an emergency action, the ExCom may hold a
meeting
with a twenty-four
(24) hour notice by the most feasible means possible to include
telephone, radio, or
other electronic communication.
Section
4. Parliamentary Authority.
Roberts’ Rules of Order, Newly Revised, shall be the
parliamentary
authority for all matters of procedure not specifically covered in the
bylaws or
rules of the Party.
Section
5. Malfeasance: Removal from Office of Officers or
Executive Committee Members.
Only in the event of
an accusation by a SDLP member, of malfeasance, or conviction of the
commission of a felony, on the
part of any Officer or Member of ExCom, the remaining
officers and members of ExCom
shall meeting within fourteen days, by personal or
electronic means, to
hear evidence and to make a decision as to whether to remove
the accused from
office. A majority vote of the non-accused officers and members
of ExCom shall be
necessary to remove any other member of ExCom. The accused
shall have the opportunity
to present witnesses and a defense, and shall have the
right to be present at all
deliberations, and shall have the right to witness a non-secret
vote on the removal
question.
“Malfeasance” shall be defined as
significant dereliction of duty, or significant violation of
the Bylaws of SDLP, or stealing
from SDLP.
Section
6. Local Affiliates.
SDLP members may, within a given jurisdiction (legislative district,
county,
municipality, precinct, or ward), organize a local affiliate, with at
least
three SDLP
members. The affiliate may select an appropriate name and
submit a
proposal (including
bylaws) to the ExCom; and is recognized by the party upon approval
of the proposal by the
ExCom. An affiliate continues to be recognized as long as
they shall annually
report in writing or verbally, to the ExCom or the Annual State
Convention. Jurisdictions with less than three SDLP
members may be recognized
by the
ExCom as a provisional affiliate, upon application.
ARTICLE IX EFFECTIVE DATE
These bylaws become effective immediately upon approval by the membership.
--- END OF BYLAWS ---
Andre Ager completed the following certification upon filing
the original bylaws with the South Dakota Secretary of
State:
“I, Andre Ager, certify that the attached By-Laws are the
official By-Laws of the South Dakota Libertarian
Party and were revised by the membership present during the annual
convention in Oacoma, South Dakota on
the 11th day of June, 2005.
______________________________________________________ ___________________ “
Andre Ager, President, South Dakota Libertarian
Party
Date