BY-LAWS OF THE CONSTITUTION PARTY OF PENNSYLVANIA As amended March 18th, 2017
The name of this organization shall be the “Constitution Party of Pennsylvania”, which in common usage will be referred to solely as “Constitution Party” and may be hereinafter referred to as the “Party”. It shall also be deemed to include the Constitutional Party, the name by which the party was previously known.
The purpose of the Party is to develop an informed, energetic and effective statewide political organization to support the principles, goals and platforms of this Party as may be adopted from time to time by its Convention and to secure the election of all duly nominated candidates and electors thereof.
ARTICLE III--ELECTIONS POLICY
All applicable provisions of the Pennsylvania Election Code shall be part of these by-laws.
Membership of the Party shall consist of all persons who are registered voters under the Laws of the Commonwealth of Pennsylvania who have declared on their registration their affiliation with the Party and have made application with the party and paid such dues as are prescribed by the State Committee. The State Committee or Executive Committee may by resolution impose such other requirements as it may from time to time deem appropriate for membership in the Party.
ARTICLE V--STATE COMMITTEE
Section A: Membership
The membership of the State Committee shall be composed of the following:
1. State Chairman, State Vice Chairman, State Secretary, State Website Manager and the State Treasurer;
2. Regional Chairmen, of the six (6) established Regions
3. The Chairman of each County Committee that is officially organized;
4. Additional members from each county that is officially organized and is permitted to vote for state committee members in the primary as follows:
(a.) First and Second Class counties - 6
(b.) Third Class counties - 4
(c.) Fourth Class counties - 3
(d.) All remaining counties - 2
5. The State Chairman may appoint up to two (2) members from any county that is not organized or does not have a duly elected County Chairman. All members of the State Committee shall be registered voters with a declared affiliation with the Constitution Party of Pennsylvania. Membership in the State Committee may be revoked upon the vote of three-fourths of the members present in person at any duly convened meeting of the State Committee.
Section B. Election and Terms
1. The State Chairman, State Vice Chairman, State Secretary, State Treasurer, State Website Manager, and National Committee members shall be elected by the State Convention for a term of two (2) years or until such time that a successor is elected.
2. The Regional Chairmen shall be elected during an off year election (i.e. odd numbered year) for a term of two (2) years or until such time that a successor is elected.
a. In Regions where three (3) or more County Committees are organized, such County Chairman shall elect their Regional Chairman. If such election fails to take place before the next State Committee Meeting, the election shall be made by the State Committee.
b. In Regions having less than three (3) organized County Committees, the Regional Chairman shall be elected by the State Committee
3. The Chairman and other officers of each officially organized County Committee shall be elected in accordance with the rules and by-laws of the respective County organizations.
Section C: Executive Committee
1. The Executive Committee shall consist of the State Chairman, State Vice Chairman, State Secretary, State Treasurer, Regional Chairmen, State Website Manager, the immediate past State Chairman, any statewide candidates during either of the two (2) immediately preceding general (i.e. even year) elections and up to three (3) at-large members may be appointed by the State Chairman. At-large members shall serve for two (2) years and shall be appointed during the even years.
2. Membership in the Executive Committee may be revoked upon the vote of three-fourths of the members present in person at any duly convened meeting of the Executive Committee.
3. The Executive Committee shall act in place of the State Committee in areas where the State Committee shall specifically authorize, shall have such powers and duties as are otherwise prescribed in these by-laws and shall be available for advice and consent to the State Chairman.
Section D: Vacancies
1. A vacancy in the office of State Chairman shall be filled by the State Vice Chairman, who shall serve until the next State Convention.
2. A vacancy in the office of State Vice Chairman shall be filled by appointment by the State Chairman and shall serve the remaining unexpired term of the vacating State Vice Chairman.
3. If the offices of the State Chairman and State Vice Chairman become vacant, a meeting of the Executive Committee shall be called by the next ranking office to elect successors.
4. A vacancy in the office of State Secretary shall be filled by appointment by the State Chairman and shall serve the unexpired term of the vacating Secretary.
5. A vacancy in the office of State Treasurer shall be filled by appointment by the State Chairman and shall serve the unexpired term of the vacating Treasurer.
6. A vacancy in the office of Regional Chairman shall be filled within thirty (30) days.
a. In Regions where three (3) or more County Committees are organized, such County Chairman shall elect a Regional Chairman to fill the remaining term of the vacating Chairman. If such election fails to take place within thirty (30) days, the State Chairman shall be authorized to appoint the Regional Chairman.
b. In Regions having less than three (3) organized County Committees, the State Chairman shall appoint a person to fill the vacated position until such time as the State Committee shall meet and confirm the appointment or elect another to fill the remaining term of the vacating Regional Chairman.
7. A vacancy in the Office of State Website Manager shall be filled by appointment by the State Chairman and shall serve the unexpired term of the vacating Website Manager.
Section E: Duties
1. State Committee
a. The State Committee shall be responsible for the control and management of all the affairs, properties and funds of the Party consistent with the Articles of Incorporation, the By-Laws and any resolutions which may be adopted in Convention.
b. The State Committee shall formulate and provide for the execution of such policies, plans and measures as it may deem conducive to the best interest of the Party, and in conformity with the State Party By-Laws.
c. It shall call all regular and special State Conventions and make arrangements therefor, including the basis of representation, the time and place.
d. The State Committee shall meet at least two (2) times per year. In years when a State Convention is called, one meeting shall be immediately before or concurrent with the State Convention and the other meeting shall be as may be called by the State Committee at its last meeting or in the absence thereof, by the Executive Committee or the State Chairman. Notice of State Committee meetings shall be deemed sufficient if posted on the Party’s Website, Facebook page and/or other social media sites, by electronic email address of the State Committee member as submitted by the member, or sent by regular mail, postage prepaid at the last address of the State Committee member as submitted by the member, or otherwise on the Party's records, at least thirty (30) days prior to such meeting.
e. The State Committee may promulgate rules, not inconsistent with these by-laws, to regulate any of the functions or activities provided for herein or as may be necessary to comply with State or Federal election laws.
2. Executive Committee
a. The Executive Committee shall, in addition to the duties otherwise prescribed herein, shall meet at least semi-annually to make proposals for submission to the State Committee and/or the State Convention and to fulfill any other duties that may come before it. The meetings may be conducted by telephone conference calls.
b. All appointments of the State Chairman shall be subject to approval of the Executive Committee unless that power is specifically granted to another body in these by-laws.
c. The Executive Committee shall be empowered to meet and act on an emergency basis, do anything that the State Committee is empowered to do provided that any such emergency action by the Executive Committee may be revoked upon the three-fifths majority vote of the State Committee at the next duly convened State Committee meeting.
d. The Executive Committee shall act as a nominating committee and submit candidates for the offices of the Party to the Convention or to the State Committee as may be applicable.
e. The Executive Committee shall set the six (6) Regional Boundaries of the State and may adjust them as needed.
f. The Executive Committee may request an adjustment in the number of State Regions by making such motion in State Committee. The motion shall pass upon the affirmative vote of the State Committee present.
3. State Chairman
a. The State Chairman shall be the chief executive officer of the Party and Chairman of the State Committee.
b. The State Chairman shall issue the call of all general meetings of the Party and the State Committee and shall preside, if present, at all such meetings and at Executive Committee meetings.
c. The State Chairman shall observe and enforce the by-laws and rules of the Party.
d. The State Chairman shall appoint necessary staff members and all standing and special committees.
e. The State Chairman shall appoint a State Website Manager and may change such appointment at his will and the State Website, placed in their control, shall remain the property of the Constitution Party of Pennsylvania.
f. The State Chairman shall be ex officio a member of all committees.
g. The State Chairman shall act as necessary to promote the functions of the Party.
4. State Vice Chairman
a. The State Vice Chairman shall become the State Chairman in the event of a vacancy in that office.
b. The State Vice Chairman shall act as the State Chairman in the event of absence of the State Chairman at any State Party function.
c. The State Vice Chairman shall perform other duties the State Chairman may prescribe.
5. State Secretary
a. The State Secretary shall be the chief clerical officer of the Party.
b. The State Secretary shall record all proceedings of the State Committee and the State Convention, which shall be the property of the committee.
c. The State Secretary shall perform other duties the State Chairman may prescribe.
6. State Treasurer
a. The State Treasurer shall keep the financial records for the party.
b. The State Treasurer shall be responsible for fulfilling federal, state and local financial disclosure requirements, if applicable.
c. The State Treasurer shall, at the direction of the State Chairman, issue all checks in payment of Party obligations.
7. Regional Chairmen
a. The six (6) Regional Chairmen shall serve at the direction of the State Chairman but are subject to recall by majority vote of the organized County Committee Chairmen within the Region, provided such Regional Chairman was originally elected by the County Committee Chairmen.
b. The Regional Chairmen shall be responsible for building County Organizations within their respective Regions and serve as the contact person for unorganized Counties.
8. State Website Manager
a. The State Website Manager shall serve at the direction of the State Chairman and shall keep the State Website functional and up to date.
b. The State Website Manager shall give reports to the Executive Committee and shall discuss with them ways to improve the website.
c. The State Website Manager shall forward emails received through the website to the appropriate County Chairman, Regional Chairman and State Chairman.
d. The State Website Manager shall keep the Website Email List current and shall send event announcements and notices to the Contact List as directed by the State Chairman.
Voting, for election of officers, Party nomination or endorsements and adopting or amending the Platform shall be by secret ballot. Other votes shall be by show of hand unless any member of the Committee shall call for secret ballot. A person holding multiple offices shall not be entitled to more than one vote. Any voting member who wants to vote in absentia shall designate his vote on a written form which shall be dated and signed.
ARTICLE VII--STATE CONVENTION
1. The Party shall hold a biennial Convention in connection with each general (i.e. even year) election to conduct such business as may properly come before it at a time and place to be determined at the preceding Convention or as otherwise herein provided. The Call for the State Convention shall be issued by the State Chairman.
2. Robert's Rules of Order Newly Revised shall govern the proceedings of the State Convention and the rulings of the Chairman of the State Convention shall be the decision on the question before the body. The Chairman shall appoint a Parliamentarian for the Convention for deciding questions of parliamentary procedure.
3. Nominees for office shall be chosen by majority vote of the delegates voting at the State Convention.
4. The affirmative vote of the majority of the delegates present and voting at the State Convention shall be the act of the Convention.
5. The State Chairman shall preside at the State Convention and the newly elected Party Officers shall begin their duties immediately following the State Convention.
6. Every member in good standing of the Party, as of thirty days before the Convention, and remaining in good standing throughout the Convention, shall be entitled to be a delegate at the State Convention by attending in person, provided that the State Committee may prescribe registration fees to be registered as a delegate.
ARTICLE VIII--SELECTION OF DELEGATES TO NATIONAL CONVENTIONS
1. National Committee members shall be elected by the State Convention and shall serve until the next state convention. The number of committee members to be elected shall be in accordance with National Party rules. The State Chairman may fill any committee seats that are vacant, subject to confirmation by state committee, and appoint alternates for any specific meeting.
2. Delegates to national conventions of the Party shall be elected by the State Convention held in the year of the National Convention if held prior thereto or if not, by the State Committee at the meeting last preceding the National Convention, and shall serve at the following National Convention. The number of delegates to be chosen shall be in accordance with the National Party rules. The State Chairman may appoint additional delegates at his discretion, subject to confirmation by State Committee.
3. Electors for candidates in the Presidential election shall be chosen by the State Chairman, subject to confirmation by majority vote of the Executive Committee. If the Chairman or any successive officer shall fail to act, the next ranking officer shall fulfill the responsibility.
ARTICLE IX--NOMINATION OF CANDIDATES FOR OFFICE
1. Nominations - Only the State Committee shall have the power to officially nominate candidates for Federal and State elective offices (which includes all statewide offices, State Senate, and Pennsylvania and U.S. House of Representatives) under the "Constitution Party" label which nominations shall be submitted to the Convention, for its approval by majority vote, to the extent candidates are available at that time. Candidates for county and local office shall be nominated by recognized county committees in good standing. In the absence of a recognized county committee, the State Committee shall have the power to nominate candidates for county and local office. The State Committee shall have the power to nominate candidates for special elections and nominate substitute candidates as provided in the Pennsylvania Election Code.
2. Candidates for November general elections who are nominated by the State Committee shall be approved or confirmed at the State Convention and shall be entitled to be listed as the candidate for the Constitution Party on the Ballot Access Petition (otherwise known as Nomination Paper). Candidates for State offices may also be nominated from the floor at the State Convention. Confirmation of Nomination shall be by majority vote of all duly qualified and registered delegates to the Convention. As to any elective offices for which candidates have not been nominated at the State Convention, candidates may be nominated by the State Committee subsequent to the State Convention by the affirmative vote of three-fourths of the State Committee. The State Committee, acting pursuant to a vote of three-fourths of all of its members, may withdraw the nomination or endorsement given previously to any candidate, and may take all actions which it deems necessary to effectuate such withdrawal, including publicity and legal action. No candidate who has not been nominated by either the State Convention or the State Committee shall be permitted to use the name "Constitution" on the Nomination Paper or otherwise in such a way that would imply affiliation with the Constitution Party, in any election materials.
3. Challenges against any filing of nomination petitions or papers can be filed only by a Constitution Party member who was duly registered and enrolled under the voters' registration rolls as a Constitution Party member for the inclusive period at least one day prior to the filing of any such challenged nomination petitions or paper, through the duration of the challenge and until any order resolving such challenge becomes final, following the lapse of any appeal periods or resolutions of all appeals.
ARTICLE X--RULES FOR COUNTIES
Counties and districts may adopt their own rules and by-laws, subject to approval by the
State Committee. Officially organized County Committees meeting the criteria established by the State Committee shall be formally recognized as the official County Committee of the party, but there shall not be more than one official committee for each county. In the absence of such by-laws, these by-laws shall govern.
ARTICLE XI--USE OF THE PARTY NAME
No person, group of persons, or organization shall use the name, address, or emblem of the Party, or Website, Domain name, Facebook page and any other social media site owned by the Party in any manner, unless the State Chairman grants permission.
ARTICLE XII--PARLIAMENTARY AUTHORITY
The rules contained in the current edition of Robert's Rules of Order shall govern the Party whenever they are applicable and not inconsistent with these by-laws and the Pennsylvania Election Laws.
ARTICLE XIII--ORGANIZATION OF THE PARTY
Due to the necessities of organization, the State Chairman shall have broad powers to appoint members to the State Committee and act in the interest of the Party to comply with the laws of the United States and the Commonwealth of Pennsylvania. At such time as these broad powers are no longer needed, they shall be rescinded by majority vote of the State Committee.
ARTICLE XIV--THE VOTES
The Chairman shall not vote except in the case of votes that end in equal numbers.
ARTICLE XV--AMENDMENT OF BY-LAWS
These By-Laws may be amended at any meeting by a two-thirds vote of the State Committee or by a majority vote of the State Convention, provided that the amendment has been submitted in writing at the previous meeting, provided further that under exigent circumstances as declared by the State Chairman the Executive Committee shall be authorized to make amendments which shall be subject to review and/or revocation by the State Committee at its next meeting.
As last Amended at the State Committee Meeting on March 18th, 2017.