By-Laws of the (CPNY) Constitution Party New York


 Article I

Name


The name of this organization shall be the “(CPNY) Constitution Party New York”, which in common usage will be referred to as the “Constitution Party” and may be here hereinafter referred to as the “Party”.

Article II

Purpose

The purpose of the “Party” is to develop an informed, energetic and effective statewide political organization to support the principles, goals, platforms, and candidates of this “Party”, as may be adopted from time to time by means of convention, to secure election of candidates, electors, and referenda in the State of New York.

To give advice to and support the candidates and platforms of the National Constitution Party.

Article III

Policy


All applicable provisions of the New York State Election Law and the Federal Election Code shall be part of these By-Laws.

Article IV
Membership

Membership of the “Party” shall consist of all persons who are registered Voters under the Laws of New York State who have declared on their registration their affiliation with the “Party”. A annual dues payment of $20.00 will also be required. The State Committee or Executive Committee may by resolution impose other requirements, as they may from time to time deem appropriate for membership in the “Party”.


Article V

The State Committee

Section (A): Membership

The membership of the State Committee shall be composed of the following:
             
State Chairman, Vice Chairmen, Executive Director, State Secretary, State Treasurer, Regional Vice Chairmen, County Chairmen from officially recognized and organized counties.

Additional members from each Congressional District in the State shall be limited to 10 members from each district.

The State Chairman may appoint 2 members from any county that is not organized or where the County Chair’s position is vacant.

All Members of the State Committee shall be registered voters with a declared Party affiliation with the Constitution Party.

Membership in the State Committee may be revoked upon the vote of three-fourths of the members present in person (no proxy votes) at any duly convened meeting of the State Committee with a quorum present.

Section (B): Elections and Terms

The State Chairman, State Vice Chairmen, State Secretary, State Treasurer, Executive Director, Regional Vice Chairmen 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. Elected terms start immediately following the State Convention
The Chairman and other officers of each officially organized and recognized county shall be elected in accordance with the rules and by-laws of the respective County organizations.

Section (C): Executive Committee

The Executive Committee shall consist of the State Chairman, Vice-Chairmen, Secretary, Treasurer, Executive Director, the past State Chairman up to 7 (seven) other At-Large members, elected by the State Committee. Also, Employees or consultants as deemed appropriate by the State Chairman with the advice and consent of the Executive Committee.

Membership in the Executive Committee may be revoked upon the vote of three fourths of the members of the Executive Committee present in person at any duly convened meeting of the Executive Committee.
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 the advice and consent to the State Chairman.
Section (D): Vacancies
A vacancy in the office of the State Chairman shall be filled by the Senior Vice-Chairman, who shall serve until the next State Convention.
A vacancy in the office of Senior Vice-Chairman, Vice-Chairmen, Secretary or Treasurer shall be filled by appointment by the State Chairman with the advice and consent of the Executive Committee and shall serve until the next State Convention.
Section (E): Duties
I    The State Committee

The State committee shall be responsible for the control and management of all the affairs, properties and funds of the Party consistent with these by-laws, resolutions of the State Committee adopted in convention, and the New York State Election Code.

The State Committee shall formulate and provide 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 Bylaws and all applicable Federal and State laws.  
                                                                                                                             
The State Committee shall meet at least once, (1 time per year). In years when a State Convention is called the State Committee shall meet immediately before or concurrent with the State Convention.

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 maybe necessary to comply with Federal or State Election Codes.

II    The Executive Committee

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 State Convention. There shall be no votes by proxy at Executive committee meetings.

All appointments of the State Chair shall be subject to the approval of the Executive committee.

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 such emergency action taken by the Executive Committee may be revoked upon the three-fourths majority vote of the State Committee at the next duly convened State Committee meeting.

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.

III    State Chairman

The State Chairman shall be the Chief Executive Officer of the Party and Chairman of the State Committee.

The State Chairman shall issue the call of all general meetings of the Party and the State Committee and preside, if present, over all such meetings and at Executive Committee meetings.

The State Chair shall enforce all By-Laws of the Party.

The State Chairman shall appoint necessary members to all duly created committees with the advice and consent of the Executive Committee.

The State Chairman shall be a non-voting ex officio member of all committees

The State Chairman shall act as necessary to promote the functions of Party.

IV    The Senior Vice-Chairman/ Then Vice-Chairmen

The Senior Vice-Chairman/ Then Vice-Chairmen. Shall become State Chairman in the event of a vacancy in the office of State Chairman.

The Senior Vice-Chairman/ Then Vice-Chairmen Shall act as State Chairman in the event of the State Chairman’s absence at any Party Function.

The Senior Vice-Chairman/ Then Vice-Chairmen shall perform all other duties that the State Chairman prescribes

V Executive Director

The Executive Director is responsible for overseeing the administration, programs and strategic plan of the organization.

The Executive Director will also oversee fundraising, marketing, and community outreach.

The Executive Director reports directly to the State Committee.

VI    The State Secretary

The State Secretary shall be the chief clerical officer of the Party.

The State Secretary shall record all proceedings of the State Convention, State Committee, and the Executive Committee.

The State Secretary shall perform any and all other duties that the State Chairman prescribes.

VII    The State Treasurer

The State Treasurer shall be the chief financial officer of the Party.

The State Treasurer shall be responsible for fulfilling Federal, State and Local financial disclosure requirements.

The State Treasurer shall at the direction of the State Chairman issue checks in payment of Party obligations.

Article VI

Voting

Voting, for election of officers, Party nomination and adopting or amending the Platform shall be by show of hands, unless a delegate in good standing calls for a secret ballot.

A person holding multiple offices shall not be entitled to more than one vote.

A person wishing to vote in absentia shall designate their vote on a written proxy signed and dated by the delegate. A delegate submitting multiple proxies shall have only the last one signed and dated count.

All proxies shall be deemed valid by a credentials committee picked by the State Chairman with the advice and consent of the Executive Committee.

All Proxies must be submitted no later then 24 hours prior to the commencement of the State Convention.

Article VII

State Convention

The Party Shall hold a biennial Convention in connection with each general Election, in New York during even years to conduct such business as may properly come before it at a time and place to be determined at the previous State Committee Meeting. The call for the State Convention shall be issued by the State Chairman.

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.

Nominees for office shall be chosen by a majority of delegates voting at the State Convention.

The affirmative vote of the majority of the delegates voting at the State Convention shall be the act of the Convention.

The Chairman shall preside at the State Convention and the newly elected Party officers shall begin their duties immediately after the State convention closes.

Every member of the Party in good standing as of thirty days before the State Convention and remaining in good standing throughout the State Convention shall be entitled to attend and be heard at the State Convention in person, provided that the State Committee may prescribe registration fees to attend the State Convention.

Article VIII

Selection of Delegates to National Conventions

Delegates to National Conventions 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. The State Chairman may appoint additional delegates following such State Convention or State Committee Meeting, with the advice and consent of the Executive Committee.

Electors for candidates in the Presidential election shall be chosen by the State Chairman with the advice and consent of the Executive Committee.

Article IX

Nomination of Candidates for Office

Only the State Committee shall have the power to officially Nominate candidates for statewide office (Governor, Lieutenant Governor, Comptroller, and Attorney General) and Statewide Federal office (Senator)

Nominations for Federal and State district offices: (Congress, New York State Senate and New York State Assembly) shall be left to the County Organizations.  If a district encompasses more than one County the County
Organizations of all affected Counties shall meet to nominate candidates. All Local office nominations shall be the responsibility of the County Organizations where the office is located. In New York City the Five County Organizations shall meet every four years to Nominate candidates for Mayor, Comptroller and Public Advocate.

All candidates wishing to be considered for nomination must become members of the CPNY Committee.

If a candidate from another party is seeking a cross-endorsement, said candidate must receive a unanimous vote at the governing committee meeting. (See above)

See State Election Law regarding nominating petitions.

Article X

Rules for County Affiliation


County affiliation is limited to one political party or organization from each county in NYS, hereinafter referred to as the “county affiliate”.

The state executive committee shall have power to grant county affiliate status by majority vote and to revoke county affiliate status by no less than two-thirds (2/3) vote of the entire committee registered at the meeting.

Application for county affiliate status shall be submitted to the Credentials Committee Chairman.

The Chairman shall review the application and within sixty (60) days of receipt make a determination of preliminary qualification upon finding that the county party or organization has:

Submitted annual $125.00 affiliation fee

Pledged adherence to the Constitution Party of New York platform

Selected its officers, consisting (at the time of submission) of a County Chairman & County Treasurer, both of whom must be members in good standing with the state party.

Demonstrated evidence of a depository bank account

Counties may adopt their own By-Laws, subject to the approval of the State Committee. Organized County Committees meeting the criteria established by the State Committee shall be recognized as the official County Committee of the Party. In the absence of such By-Laws these By-Laws, Federal and State Election Code 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 in any manner unless the State Chairman grants permission.

Article XII

Parliamentary Authority

The current edition of Robert’s Rules of Order shall govern the Party whenever they are applicable and not inconsistent with these By-Laws, Federal, State or Local Election Law.


Article XIII

Organization of the Party

Due to the necessities of organization the State Chairman shall have broad powers to appoint members of the State Committee and act in the interest of the Party to comply with the Laws of the United States and the State of New York. At such time as these powers are no longer needed they shall be rescinded by a majority vote of the State Committee.

Article XIV
Votes

Votes that end in equal numbers shall be decided by vote of the State Chairman.


Article XV

Amendment of By-Laws

These By-Laws may be amended at any meeting by a three-fourths vote of the State Committee or by three-fifths vote of the State convention.

Approved by vote of those attending state convention June 23, 2012

Revised and Proofread 11/12/2017