BYLAWS of the
CONSTITUTION PARTY
ARTICLE I – CONSTITUTION
The Constitution of the Constitution Party establishes the name, purpose and general membership requirements of this organization. The Constitution takes precedence over the Bylaws where there may be any conflict. The Constitution Party may hereinafter be referred to as the national party.
ARTICLE II – NATIONAL COMMITTEE
Section 2.1 – Object
The National Committee shall be the principal governing body of the Constitution Party in all respects not explicitly the domain of the National Convention, and the National Committee may delegate or assign authority and responsibility to the Executive Committee.
The National Committee is authorized to conduct fund-raising activities in support of its program and operations.
Section 2.2 – State Affiliation
State Affiliation with the Constitution Party is limited to one political party or organization from each state and the District of Columbia, hereinafter referred to as the “state affiliate.” The National Committee shall have the power to grant state affiliate status by majority vote and to revoke state affiliate status by no less than two-thirds (2/3) vote of the entire committee registered at the meeting.
A state affiliate shall place the presidential candidate and vice-presidential candidate who were selected in the National Convention on the ballot in their state.
Application for state 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 state party or organization has:
a. Pledged an adherence to the Constitution Party platform.
b. Adopted official organization documents, which provide democratic procedures.
c. Selected its officers, including National Committee members, in accord with the state election laws and articles and bylaws.
d. Demonstrated evidence of a depository bank account.
The favorable determination of the chairman of the Credentials Committee shall qualify the applying organization as a state affiliate subject to review by the Credentials Committee at or prior to a meeting of the National Committee or the National Convention.
(Revised November 12, 2022)
Section 2.3 – Membership
A. Membership from State Affiliates
The National Committee shall consist of members from each state affiliate as follows:
a. Two (2) members.
b. Three (3) additional members if it has achieved ballot qualification for a Constitution Party Presidential nominee in the current presidential election,
i. or in the two most recent presidential elections,
ii. or for a Constitution Party affiliated nominee for statewide office in the most recent general election for statewide office.
c. One (1) additional member for every ten (10) votes or fraction thereof which the state is assigned in the Electoral College; and
d. One (1) additional member when the state affiliate has paid its annual assessment to the National Committee during the immediately preceding calendar year.
Upon payment of the annual National Committee member dues, each member of the National Committee, shall have one (1) vote of equal value with all other members of the committee. All votes on the National Committee must be cast in person by an authorized member or duly chosen authorized alternate member.
The annual state assessment and annual National Committee member dues shall be determined by the National Committee.
The method used by a state affiliate in selecting its National Committee members shall be that prescribed by the applicable election laws of the state, and by the constitution or bylaws of the state affiliate.
Each state affiliate shall file with the National Secretary a list of its National Committee members and alternates, whenever a change occurs, signed by the chairman of the state affiliate. The most recent list so filed shall be presumed to express the intent of the state affiliate. The Credentials Committee of the National Committee shall include one (1) representative from each state as designated by the state affiliate.
B. Ex-Officio Members
- All current and former Constitution Party nominees for President and Vice-President and all past Chairmen of the National Committee shall be ex-officio members of the National Committee with all the rights and responsibilities of other members of that body.
- Individuals holding an elected office of the National Committee, via election or appointment, shall also be deemed ex-officio members of the National Committee for the duration of their term of office. This ex-officio status does not convey voting privileges on the National Committee.
(Revised November 12, 2022)
Section 2.4 – Officers
The officers of the National Committee shall be elected at a meeting of the committee held in conjunction with the National Convention and shall serve for a term beginning at the start of the following National Committee Meeting and ending when the newly elected officers are seated.
A. Elected Officers
The elected officers shall be:
a. National Chairman
b. National Vice-Chairman
c. Secretary
d. Treasurer
Four Area Chairmen and four Area Co-Chairmen representing the geographic areas of the nation, elected by the national committee members from their respective areas, such that each combination of area chairman and co-chairman must be members from different states, as follows
1. An Area Chairman and Co-Chairman for the Western States of Alaska, Arizona, California, Colorado, Hawaii, Idaho, Montana, Nevada, New Mexico, Oregon, Utah, Washington, and Wyoming.
2. An Area Chairman and Co-Chairman for the Midwestern States of Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota, Ohio, South Dakota, and Wisconsin.
3. An Area Chairman and Co-Chairman of the Southern States of Alabama, Arkansas, Florida, Georgia, Kentucky, Louisiana, Mississippi, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, and Virginia.
4. An Area Chairman and Co-Chairman for the Eastern States of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, West Virginia, and the District of Columbia.
To be eligible for an Elected Office, an individual must be a voting member of the National Committee for their state affiliate.
Election of officers shall be by paper ballot for all positions with more than one nominee.
Any officer who declares affiliation with any political party not affiliated with the national party, or any officer who fails to renounce affiliation with any state affiliate which elects to disaffiliate from the national party shall be deemed to have resigned from their office and that office shall be considered vacant.
In the event that a vacancy occurs in the office of National Chairman, the National Vice Chairman shall succeed to that office for the remainder of the term.
In the event that a vacancy occurs in any other elected office, the chairman may appoint an eligible person to fill the vacancy for the remainder of the term, but all such appointments must
be confirmed by vote of the National Committee.
Removal of an Area Chairman or Co-Chairman shall require the majority vote of the National Committee members from the respective area, meeting in conjunction with a National Committee meeting, with previous notice in the National Committee meeting call.
Removal of any other elected officer shall be considered upon presentation of a petition setting forth in detail the reasons for seeking such removal and signed by a sixth of the full membership of the National Committee. The petition may be presented at any regular or special meeting of the National Committee provided that notice is provided fourteen (14) days in advance of the meeting. Removal shall be by majority of those representatives present and voting at any meeting at which a quorum is present.
(Revised November 12, 2022)
B. Appointed Officers
The appointed officers shall be:
a. Parliamentarian
The Parliamentarian shall be appointed by and serve at the discretion of the National Chairman.
The office of Parliamentarian shall neither require, convey, nor proscribe membership or voting rights on either the National or Executive Committees.
Section 2.5 – Officers
A. Elected Officers
The duties of elected officers shall be:
a. Chairman – The National Chairman shall be the chief executive officer of the National Committee and shall administer the affairs of the National Committee between meetings of the National Committee or its Executive Committee; establish an office and communications for the National Committee; appoint the members of all committees;
preside at all meetings of the National Committee and the executive committee; employ such personnel as may be authorized by the National Committee or Executive Committee;
designate persons to carry out activities provided for in the budget; serve as ex-officio member of all appointed committees and serve as temporary chairman of the National Convention;
shall appoint, with the advice and consent of the Executive Committee, a Parliamentarian to serve at the discretion of the National Chairman.
b. National Vice-Chairman – The National Vice Chairman shall preside at meetings in the absence of the chairman and shall perform the other duties of the chairman in his absence or incapacity.
c. Area Chairman and Co-Chairman – The Western, Midwestern, Southern, and Eastern Area Chairmen and Co-Chairmen shall represent the National Committee in their respective areas and represent their respective areas at the Executive Committee. Each Area Chairman shall have authority to call official meetings within his jurisdiction to further the effectiveness and purposes of the party.
d. Secretary – The Secretary shall keep the minutes of all meetings of the National Committee and the Executive Committee, maintain a current list of National Committee
members, receive and distribute proposed resolutions and motions to amend the Bylaws or Standing Rules, and send calls for National Committee meetings and the Nominating
Convention.
e. Treasurer – The Treasurer shall account for all funds received and expended by the National Committee. Pursuant to action of the National Committee or the executive committee, the Treasurer shall make available to the National Chairman or his designated operatives such funds as may be required for the operating expenses of the National Committee and provided the funds are available in the national committee treasury.
B. Appointed Officers
The duties of elected officers shall be:
a. shall appoint, with the advice and consent of the Executive Committee, a Parliamentarian to serve at the discretion of the National Chairman.
(Revised November 12, 2022)
Section 2.6 – National Committee Meetings
The National Committee shall hold at least two regular meetings each year, and such special meetings as may be required.
At least one meeting of the National Committee per year shall be held with the members of the Committee physically gathering together in one place. The National Committee under extraordinary circumstances may vote to hold one or both meetings via electronic means or
conference call. Other meetings may be held via electronic means or conference call.
Locations of regular physical meetings shall rotate among the areas designated under Section 2.4 of these bylaws such that in each four-year period, there shall be one meeting in each area.
The Executive Committee shall solicit input from the Area Chairman and Co-Chairman of the area in which the meeting is planned.
Special meetings may be called by the chairman, or by action of the majority of the members of the executive committee, or by a petition signed by a majority of the National Committee members on record of a majority of the member state political parties and organizations.
Notice of all meetings shall be given in writing to all members at least fourteen (14) days prior to such meetings. The order of business shall be stated in the call. Proposed motions to alter the party Bylaws, adopt or alter Standing rules, or adopt issues resolutions shall be submitted to the National Secretary thirty days (30) prior to the committee meeting date.
A quorum shall be at least one representative, or proxy from a majority of the member state affiliates.
Each representative of a state affiliate shall be entitled to one vote in all National Committee meetings, and a state affiliate may appoint an alternate to cast his vote, but no person may cast more than one vote, and no votes shall be cast by proxy. Proxies may be used for quorum.
purposes only.
The National Committee may hold executive sessions when the interest of the party so requires.
Minutes of national committee meetings will be available to each member and will be sent to those who request a copy. Additionally, copies of the most recent meeting’s minutes will be provided to all members attending the subsequent meeting.
(Revised November 12, 2022)
ARTICLE III – EXECUTIVE COMMITTEE
The Executive Committee of the National Committee shall consist of the Elected Officers, Appointed Officers, and Ex-Officio Members of the National Committee pursuant to these bylaws. All members of the Executive Committee shall be conferred with all the rights and responsibilities associated with membership on the Executive Committee and their respective offices.
Officers-elect, unless serving on the Executive Committee in another voting capacity, shall serve as non-voting members-in-training of the Executive Committee until their term begins at the next regular National Committee meeting following their election and the Executive Committee meeting held in conjunction therewith.
In addition, the Chairman may appoint up to five (5) additional National Committee members to the Executive Committee, subject to approval by the National Committee. These appointees shall serve at the pleasure of the Chairman.
Any member of the Executive Committee who is absent from three consecutive Executive Committee meetings without having given notice of a good and sufficient reason for such absence to the National Chairman shall be subject to removal by rule of the Executive
Committee. Removal from office under this paragraph shall be exempt from the removal requirements specified in Section 2.4.A of these Bylaws.
The Executive Committee shall be subordinate to and may transact the business of the National Committee between meetings of the National Committee, and may authorize expenditure and contract for services in the name of the National Committee, but its actions shall be subject to
review by the National Committee, except that those actions incurring contractual liability shall not be revocable solely by reason of this right of review.
Meetings shall be at the call of the Chairman with fourteen (14) days notice for in person meetings and seven (7) days for meetings by conference call.
A quorum shall consist of a majority of the Executive Committee.
(Revised November 12, 2022)
ARTICLE IV – NATIONAL CONVENTION
The National Committee shall, for each presidential election year, call a National Convention of the state affiliates for the purpose of nominating presidential and vice-presidential candidates, adopting a national platform, and transacting any other appropriate business. The
National Committee or the Executive Committee shall by resolution establish the fees required for participation in the National Convention.
Number of votes allowed per state:
a. Each state affiliate will be allowed two (2) votes, representing the number of 10 Senators each state is allowed under the U.S. Constitution.
b. Any state that has achieved ballot qualification for the Constitution Party Presidential ticket in the current election, or the two most recent presidential elections, shall be allowed additional votes equal to the number of congressional districts in the state.
c. An additional vote shall be allowed a state for each year, subsequent to the previous presidential election year, in which that state has paid its annual assessment to the Constitution Party National Committee.
d. An additional vote shall be allowed for each National Committee meeting held, subsequent to the previous Presidential Nominating Convention, at which the state
had at least one National Committee voting member in attendance.
e. Delegations representing non-affiliated State organizations that are seeking affiliation with the national Constitution Party, or have agreed to provide ballot access for the party’s presidential candidate in the current election cycle, shall be allowed two (2) votes representing the number of Senators each state is allowed under the U.S. Constitution, plus an additional (third) vote if that ballot access has been secured.
f. A state affiliate that had ballot access but chose not to place the Presidential and Vice-Presidential candidates who were selected at the previous National Convention on the ballot in their state will have the number of votes reduced by one half of what they would qualify for otherwise.
g. Once a state’s vote total has been fixed, the chairman of the state delegation shall determine the manner in which its votes are apportioned.
h. The Chairman of the state’s delegation may cast all the votes the state is allowed regardless of the number of delegates present on the floor of the convention at the time the vote is taken.
The National Chairman shall appoint the chairmen of all National Convention Committees.
Each state affiliate shall have one (1) representative on the Credentials Committee, one (1) representative on the Rules Committee, and three (3) representatives on the Platform Committee. Each State Chairman shall transmit the names, addresses, emails and phone numbers of all committee representatives to the chairman of the Credentials Committee.
In order for the name of any candidate for President or Vice President to be placed in nomination it shall be necessary that such nomination shall have been approved by a majority of the delegates from two (2) states.
In the event of an extreme emergency such as war, insurrection, natural disaster, epidemic, pandemic, martial law, or other like condition or event such that a National Convention cannot physically be held with delegates gathering in one place, the Executive Committee may call for
a convention to be held via any two-way electronic means available.
The Executive Committee shall prescribe the means, rules, and methods for such a Convention in accordance with the conditions prevailing, and these rules shall be as much in harmony as possible with the rules for National Conventions as set forth in these Bylaws and the most recently approved Standing Rules.
(Revised November 12, 2022)
ARTICLE V – PARLAMENTARY AUTHORITY
The rules contained in the current edition of Roberts Rules of Order, Newly Revised shall govern the Constitution Party in all cases to which they are applicable and in which they are not inconsistent with the Constitution and these Bylaws and any special rules of order the National Committee may adopt.
ARTICLE V – AMENDMENTS
Motions to amend these Bylaws or to adopt or alter Standing Rules must be submitted in writing to the National Secretary thirty (30) days prior to the National Committee meeting date, signed by a majority of the dues paying National Committee members from a state that has paid its annual assessment for the current year and seconded by a majority of the dues paying National Committee members from a different state that has paid its annual assessment for the current year. Payment of the annual assessment must be received on or before the date of the submission of the motion. For the first National Committee meeting of the year this requirement may be satisfied by payment of one-half of the annual assessment.
Motions to amend these Bylaws or to adopt or alter Standing Rules must be submitted in writing to the National Secretary thirty (30) days prior to the National Committee meeting date, signed by a majority of the dues paying National Committee members from a state that has paid its annual assessment for the current year and seconded by a majority of the dues paying National Committee members from a different state that has paid its annual assessment for the current year. Payment of the annual assessment must be received on or before the date of the submission of the motion. For the first National Committee meeting of the year this requirement may be satisfied by payment of one-half of the annual assessment.
Amendments to these Bylaws may be adopted by a majority vote of the delegates at a National Convention or by a two-thirds (2/3) vote at any meeting of the National Committee provided that the amendment be stated in the call for the meeting.
In addition to all other defined voting requirements in these bylaws, a National Committee Member shall only be eligible to vote on bylaw changes if they are physically present at the primary meeting location at which the vote is being held.