2015 State Convention – Constitution/Bylaw Language

May 4, 2015

One of the duties of the State Convention is to undertake Bylaws and Constitution changes. The convention call, which has been mailed, contains some Bylaw/Constitution language that will be up for consideration.  Additionally, we are posing language here for delegates to see in advance of the June 6 Convention.

 

ITEMS TO BE RATIFIED BY CONVENTION

These items were passed at the April 18, 2015 State Central Committee Meeting by the required minimum of 2/3rds vote.  As per our Constitution they are in effect in an interim basis until the State Convention ratifies them by majority vote.  Note that in some instances related language in the Bylaws has also been changed.  That language stands and does not need to be ratified. See HERE for a “current/clean” set of Constitution/Bylaws as well as a MARKED UP set HERE.

Item: Congressional Districts designated as Base Party Operating Unit which includes setting Central Committee Delegate and State Delegate numbers.

  • Article 4. State Convention.
  • Sec. 1. Sub6:  Redundant/Strike all text.
  • Sec. 2, Sub 1, and 2:  A written call to each such session shall be mailed to each state delegate and each local delegate at least thirty days before the opening of such session.
  • Sec. 3:
    • Subdivision 1:  [replace all language with the following] Each Congressional District shall allocate delegates per the rules and procedures of the Congressional District but no more than 10 delegates per Legislative District.
    • Subdivision 2:  [replace all language with the following] State Delegates from each IP CD shall be elected by majority vote of the IP members at the regular session of each IP MN Congressional District Convention.  Such delegates shall be reported to the State Party Secretary no more than 14 days following the delegate’s election.
    • Subdivision 3:  STRIKE all text
    • Subdivision 4: [RENUMBER as new Subdivision 3]
      • Paragraph A:  [change Legislative District to Congressional District]
    • Subdivision 5: [RENUMBER as new Subdivision 4 and replace all language with the following]  Vacancy:  Each State Delegate vacancy shall be filled per the rules and procedures of the Congressional District.
    • Article 5. State Central Committee
    • Section 1. Sub. 6.  -  For each Independence Party of Minnesota Legislative Congressional District, there shall be one no more than 10 Independence Party of Minnesota State Central Committee persons and one nor more than 10 alternate Independence Party of Minnesota State Central Committee person. The election, term, removal, and vacancy provisions for each such committee person shall be the same as such provision for Independence Party of Minnesota Legislative Congressional District committee officers, and shall be such as may be provided in the BylawsEach Congressional District shall elect alternates per the rules and procedures of the Congressional District
  • Article 9, Congressional District Committees
  • Sec. 1, Sub2:  The members of each Independence Party of Minnesota Congressional District committee shall be the Congressional District Party officers and any other members per the rules and procedures of the Congressional district. the chairpersons of the Independence Party of Minnesota Congressional District’s resident Independence Party of Minnesota Legislative District committees. No person shall be a member of more than one Independence Party of Minnesota Congressional District committee. The Independence Party of Minnesota Congressional District Party officers shall be the officers of their respective Independence Party of Minnesota Congressional District committees
  • Sec. 3 Sub 5:  Paragraph B [STRIKE all language]
  • Article 10. Legislative District Conventions and Committees
  • Section 1 – [STRIKE all language]
  • Article 11, Constituency Conventions and Committee
  • Sec 1. Paragraph A.  There shall be constituency conventions and constituency committees. Where they cross Congressional District borders the designation and territorial limits of each such convention and committee shall be the same as the designation and territorial limits of the Minnesota territorial division, political subdivision, or administrative unit for which such convention assembles or such committee is formed.
  • Paragraph B.  [Replace all language with the following] Where constituencies are wholly within a Congressional District, such constituency conventions and constituency committees shall be governed per the rules and procedures of the Congressional District.
  • Section 2:  The members of each constituency convention shall be the State delegates and local delegates who are eligible to vote within the territorial limits of the convention. [Keep rest of language]
  • Section 3:  Paragraph A. [STRIKE all language]
  • Paragraph B.  [RENUMBERED as new paragraph A]  Resolution of the Congressional District Convention or Congressional District committee, the territorial limits of which wholly contain the territorial limits of the committee so formed, (c) resolution of the Legislative District Convention or committee, the territorial limits of which wholly contain the territorial limits of the committee so formed, or
  • Paragraph C [RENUMBERED as new paragraph B] Joint resolution of the State Executive Committee and Congressional District Conventions or Congressional District committees; or the Legislative District Conventions or Legislative District committees; the combined territorial limits of which wholly contain the territorial limits of the committee so formed. The properties of each committee so formed shall be such as are stated in the resolution to form the committee.
  • Article 13 Bylaws
  • Sec 1 [STRIKE "Legislative District Party Bylaws"]:
  • Paragraph A:  [Replace language with the following] Where any provision of any bylaws, rules or procedures conflicts with the provisions of any higher level bylaws and/or constitution the provisions of the higher level bylaws and/or constitution shall prevail and the provision of the conflicting language shall be null and void.
  • Paragraph B and C. [STRIKE all language]
  • Paragraph D [RENUMBER as new paragraph B and replace with the following] Current copies of all bylaws, rules and procedures at any level shall be filed with the State Party Secretary
  • Article 15 General Provisions
    • Subdivision 2:  [STRIKE “Legislative District Committee” and “Legislative District Convention”]
  • Sec 2, Subdivision 7:  [STRIKE “and the office of local delegate”]
  • Sec 3, [Add New] Subdivision 1:  Congressional District rules and procedures – Congressional Districts shall have bylaws, rules, and procedures.  In the absence of said bylaws, rules, and procedures that are applicable to stated provisions within the State Party Constitution or Bylaws, the State Executive Committee may implement temporary bylaws, rules, and procedures until such time as the Congressional District adopts their own bylaws, rules and procedures. [RENUMBER the subsequent Subdivisions]
  • Sec 5:  A State, or Congressional District, or Legislative District Officer shall be required to meet the following eligibility requirements for election to office.
    • Paragraph B:  Reside within of the respective Independence Party of Minnesota State, or Congressional District, or Legislative District organizational territorial boundaries for the position elected.

 

Item:  Term Limits-removing all term limits within the party

  • Article 15: General Provisions
  • Section 2, Sub. 7 [STRIKE all language]

 

Item:  Congressional District Chairs able to designate voting member to attend State Executive Committee in Chair’s absence.

  • Article 15 General Provisions
  • Section 2, Sub 4. Proxy Voting Prohibited: Except as expressly provided for in the Independence Party State Party Constitution and Bylaws Tthere shall be no proxy votes or voting by proxy.

 

NEW ITEMS

Title:  Reciprocal Revenue Sharing

Object:  Allows for the State Executive Committee to, by resolution, determine how monies raised by one entity (State or Congressional District) shall be reciprocally shared with the provision that the entity raising the funds shall keep, at a minimum, 75% of the funds raised.  This means that monies raised by the State may be shared/split with the Congressional District of the donor’s residence and vice versa.

Language:

Bylaw 05.00. Distribution of Party Funds: 

Bylaw 05.10. State Income Tax Check off Proceeds: All state income tax check-off proceeds received by the party from the Minnesota Department of Revenue shall may be disbursed by the State Executive Committee as the State Executive Committee deems appropriate, subject to the provisions of the State Party Constitution and Bylaws.

Bylaw 05.20. PCR Proceeds: Each Party unit that accepts PCR contributions is required to register said unit with the Campaign Finance & Public Disclosure Board before accepting any cash contributions. Each Party unit that is registered and recognized by the Campaign Finance & Public Disclosure Board is entirely responsible for complying with all rules, regulations and required filings as mandated by the Campaign Finance & Public Disclosure Board.

Each cash contribution received by the State Party (IP of MN) under the Minnesota Political Campaign Refund (PCR) Program shall be distributed entirely to the  State Party may be disbursed by the State Executive Committee as the State Executive Committee deems appropriate, subject to the provisions of the State Party Constitution and Bylaws. The State Party will provide a PCR receipt from the State Party to the contributor in a timely manner, as prescribed by law, for the refund application.

Each cash contribution received by a Congressional District Party unit under the Minnesota Political Campaign Refund (PCR) Program shall be distributed entirely to  may be disbursed by that Congressional District Party unit as that Congressional District Executive Committee deems appropriate, subject to the provisions of the State Party Constitution and Bylaws; provided that the Congressional District Party unit has a duly elected Chair and Treasurer, and a bank account for deposit of contributions. That Party unit will provide a PCR receipt from that unit to the contributor in a Timely manner, as prescribed by law, for the refund application.

The State Executive Committee, on behalf of the State Party, may enter into an agreement with a Legislative District Committee or Constituency Committee regarding distribution of funds collected  through the PCR program by that local Party unit. The State Party Chair and the highest officer in the  local unit shall negotiate an agreement for approval by the local Party unit and the State Executive  Committee.

The State Executive Committee may institute reciprocal revenue sharing arrangements with all Party Units, subject to the restrictions that (1) the receiving Party unit retains a minimum of 75% of the contributions received by the respective Party unit and (2) the revenue sharing percentage is equal and reciprocal between the State Party and the other Party Units.

Bylaw 05.30. Other Proceeds: Each cash contribution that is not a state income tax check off contribution and not a PCR contribution shall be distributed 100% to the receiving Party unit and  disbursed as the receiving Party unit deems appropriate, subject to the provisions of the State Party  Constitution and Bylaws subject to the same rules as PCR Proceeds contained in Bylaw 05.20.

 

Item:  Deputy Officers. Allow for deputy officers at the discretion of the officer. The State Executive Committee must ratify the selection.  Two versions are offered-one allowing for deputies for all four party officers and one allowing for deputies only for State Treasurer and State Secretary.

Language:

    • Article 6, Sec. 3, Sub. 2. Paragraph A.  The Independence Party of Minnesota State Party Secretary and Independence Party of Minnesota State Party Treasurer shall may each may have a deputy, known as the Independence Party of Minnesota Deputy State Party Secretary and Independence Party of Minnesota Deputy State Party Treasurer respectively. [rest of paragraph unchanged]

[OR, the alternative]

  • Paragraph A.  The Independence Party of Minnesota State Party Officers Secretary and Independence Party of Minnesota State Party Treasurer shall may each may have a deputy, known as the Independence Party of Minnesota Deputy State Party Chair, Independence Party of Minnesota Deputy State Party Director, Independence Party of Minnesota Deputy State Party Secretary and Independence Party of Minnesota Deputy State Party Treasurer respectively. [rest of paragraph unchanged]
  • [For either version] Paragraph B.  Independence Party of Minnesota Deputy State Party officers shall be elected in the same manner as Independence Party of Minnesota State Party officers, except that e Each Independence Party of Minnesota Deputy State Party officer shall be nominated solely by his or her respective candidate for Independence Party of Minnesota State Party officer. and listed on the ballot together with his or her respective candidate for Independence Party of Minnesota State Party officer. In elections for Independence Party of Minnesota State Party Secretary and Independence Party of Minnesota State Party Treasurer, delegates shall vote for Independence Party of Minnesota State Party officers and their designated nominees for Independence Party of Minnesota Deputy State Party officer together as an identified ticket. Where an Independence Party of Minnesota Deputy State Party officer vacancy occurs, and where the appropriate State Party officer makes no nomination in an election to fill such a vacancy, a candidate for Independence Party of Minnesota Deputy State Party officer may be nominated by any delegate The Independence State Party Executive Committee shall approve or deny such nominated deputies.

 

Item:  Promissary Note Co-Responsibility.  Resolution noting that CD 1 will provide the State Party full access to the marketing research study titled “Path to Victory” upon the State Party assuming co-responsibility for the remaining $20,000 to be paid for the study.

Language as agreed upon by the EC:

  • CD 1 offers the full Path to Victory Report as soon as the State Party assumes co-responsibility for the debt [$20,000 loan], effective upon a resolution of support from the Executive Committee.

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