Governing Documents

Special Bylaw Convention:  Saturday June 26, 2021 - 1 pm

2021 Bylaws Committee Report

Original Bylaws

Original Constitution

Proposed Combining of Governing Documents (Traditional)

Differentiator Report by Zack C. (Differentiator)


Constitution


ARTICLE I: NAME


The name of the corporation shall be the Libertarian Party of Idaho, hereinafter referred to as the “Party.”

ARTICLE II: PERIOD OF DURATION


The duration of the Party shall be perpetual.

ARTICLE III: PURPOSES


The purpose for which the Party is organized is to implement and give voice to the Statement of Principles of the National Libertarian Party by:

  1. Nominating candidates for political offices.
  2. Promoting Libertarian Party activities and party membership.
  3. Entering into political information activities.

ARTICLE IV: OFFICERS

SECTION 1.

The officers of the Party shall be a Chairperson, a Vice-Chairperson, Secretary and Treasurer. Only Party members in good standing shall be eligible to fill these offices. All of these officers shall be elected at a Regular Convention of the Party by attending Party delegates and shall take office immediately upon the close of such convention and serve thereafter until the final adjournment of the next Regular Convention. If, for any reason, a Regular Convention is not held during an appropriate year, all officers of the party shall be elected at the next available Convention, including, but not limited to, a Delegate Selection Convention.

SECTION 2.

No offices shall be combined.

SECTION 3.

The current officers pro-tem shall perform all prescribed duties until the elected officers take office.

SECTION 4.

The officers shall be full voting members of the Executive Committee, unless under notification of suspension.

SECTION 5.

The Chairperson shall preside at all conventions and at all meetings of the Executive Committee. The Chairperson shall be the chief executive officer of the Party.

SECTION 6.

The Vice-Chairperson shall act as assistant to the Chairperson, and shall perform the duties of the Chair in the event the Chairperson is, for any reason, unable to perform the duties of that office.

SECTION 7.

The Secretary shall be the recording officer of the Party, and shall provide or make provision for all legal services to the Party, under the direction of the Executive Committee. The Secretary shall also have the power to appoint any other qualified member as an assistant in carrying out the functions of this office.

SECTION 8.

The Treasurer shall receive, expend, and account for the funds of the Party under the supervision and direction of the Chairperson and the Executive Committee. The records for such funds shall be maintained in accordance with generally accepted accounting principles and the Treasurer shall make available to the Executive Committee quarterly financial reports, such reports to include a Statement of Operations and a Balance Sheet.

SECTION 9.

Except as otherwise provided herein, the officers of the Party shall have such power and perform such duties as shall be prescribed in the By-Laws of the Party.

SECTION 10.

Upon being suspended or vacating an office, an officer must render to the Executive Committee within three days all materials concerning the Party he has in his possession.

ARTICLE V: EXECUTIVE COMMITTEE

 

SECTION 1.

The Executive Committee of the Party shall be composed of the following:

The four elected officers of the Party.

  1. Three Regional Chairs elected at the Regular Convention. Each Regional Chair shall represent a specific region of the state, and shall be responsible for organizing a Regional Committee to organize and carry forward the goals of the state party within that region. Regional Chairs must reside in the region they represent, and must be elected by the delegates residing in that region.
  2. Region One shall consist of the following counties: Benewah, Bonner, Boundary, Clearwater, Idaho, Kootenai, Latah, Lewis, Nez Perce, and Shoshone.
  3. Region Two shall consist of the following counties: Ada, Adams, Boise, Canyon, Elmore, Gem, Owyhee, Payette, Valley, and Washington.
  4. Region Three shall consist of the following counties: Bannock, Bear Lake, Bingham, Blaine, Bonneville, Butte, Camas, Caribou, Cassia, Clark, Custer, Franklin, Fremont, Gooding, Jefferson, Jerome, Lemhi, Lincoln, Madison, Minidoka, Oneida, Power, Teton, and Twin Falls.
  5. If for any reason a Regional Chair is not elected at a Regular Convention, a Regional Chair may be appointed by the Executive Committee, to serve until the next Regular Convention. Such person must be a Party Member in good standing and a resident of the region.

SECTION 2.

The Executive Committee shall take office immediately upon the close of the Regular Convention and serve thereafter until the adjournment of the next Regular Convention.

SECTION 3.

The current Executive Committee pro tem shall perform all prescribed duties until the elected officers take office.

SECTION 4.

The Executive Committee shall have the control and management of all the affairs, properties, and funds of the Party consistent with this Constitution.

SECTION 5.

The Executive Committee shall meet in the manner, time, and places as prescribed by the by-laws of the Party.

SECTION 6.

All meetings of the Executive Committee shall be open to all members of the Party. Discussion from non-committee members shall be entertained only by majority vote of the Executive Committee.

SECTION 7.

An officer may be suspended, that is, denied the authority to perform his specific functions, by a two-thirds majority vote of the State Central committee. The office of a suspended officer shall be declared vacant unless the suspended officer appeals his suspension. The State Central Committee shall appoint new officers if vacancies or suspensions occur, such officers to complete the term of the office vacated, or the time during which the suspension is in effect, as applicable. In the absence of a functioning State Central Committee, the Executive Committee shall appoint the new officer(s).

ARTICLE VI: CONVENTIONS

 

SECTION 1.

Regular Conventions shall be held in each even-numbered year, in the final two weeks of the month of June, or in accordance with the Election Laws of the State of Idaho. All Party business and affairs required herein shall be transacted. Such conventions shall be held at the time and place selected by the Executive Committee.

SECTION 2.

In the event that a national party Regular Convention shall be held within 45 days following the state party Regular Convention, the Executive Committee shall solicit the membership for nominees for delegates to the national convention, and shall submit a preliminary delegate list to the national party no less than 45 days prior to the national convention. Final delegates shall then be selected at the state party Regular Convention.

SECTION 3.

All Party Conventions may be attended by all members of the Party.

SECTION 4.

Convention attendees may not vote unless they were a member in good standing of the Libertarian Party of Idaho as of the end of January prior to the convention.

ARTICLE VII: COMMITTEES

 

All committees shall be appointed as needed until the Party membership increases to 70 members, at which time the following committees will become committees for each Regular Convention and a Judicial Committee shall be a standing committee.

SECTION 1.

There shall be a Platform Committee, the duties of which shall be:

  1. To formulate a state platform dealing with issues of importance in the State of Idaho.
  2. Shall consist of 7 party members selected as follows: 4 appointed by the Executive Committee; one from each region to be selected in caucus by the County Central Committee Chairmen of that region.

SECTION 2.

There shall be a Constitution, By-Laws and Rules Committee consisting of seven party members appointed by the Executive Committee.

SECTION 3.

There shall be a Judicial Committee appointed by and exclusive of the Executive Committee for the same term as the Executive Committee and shall be composed of nine members: any five will constitute a quorum.

 

ARTICLE VIII: PLATFORM

 

SECTION 1.

The Party shall adopt the platform at its Regular Convention in 1976. The platform shall not be inconsistent with the Statement of Principles adopted by the national party. The platform shall include a Statement of Principles and proposal in the form of planks.

SECTION 2.

The statement of Principles of the Platform affirms the philosophy upon which the Libertarian Party is founded, by which it shall be sustained, and through which Liberty shall prevail.

SECTION 3.

The platform, exclusive of the Statement of Principles, shall be adopted on a plank-by-plank basis by the delegates in attendance at the 1976 Regular Convention. Each plank must receive approval by a vote of two-thirds of the voting delegates for inclusion in the Platform.

SECTION 4.

The platform may be amended at each succeeding Regular Convention after 1976 by deletion, substitution, or addition of any plank. A plank may be deleted by a simple majority of the Convention delegates. The substitution

of a new plank for an old plank, or the addition of a new plank, shall require approval by a vote of two-thirds of the delegates present and voting.

 

ARTICLE IX: SELECTION AND NOMINATION OF PARTY OFFICERS; ENDORSEMENTS OF POLITICAL

CANDIDATES

 

SECTION 1.

Endorsements of candidates for political offices may be made at a Convention of the Party.

SECTION 2.

No candidate may be endorsed who is ineligible by law to serve in the office which he is seeking.

SECTION 3.

Endorsements or nominations shall be made from the Convention floor by delegates at a convention. All balloting shall be done by county roll-call vote of delegates.

SECTION 4.

Nominations and elections, in addition to the list of candidates nominated, there shall be an automatic nomination for NONE OF THE ABOVE. When any candidate, including NONE OF THE ABOVE, receives less than 10% of the total vote, that candidate shall be stricken from subsequent ballots.

SECTION 5.

When NONE OF THE ABOVE receives a majority vote, all candidates on that ballot shall become ineligible for re-nomination for the same office at the same convention. The next order of business shall be the re-opening of nominations from the floor for the office, and election shall proceed according to Article IX of this constitution until such time as the vacancy has been filled or the conventions elects by a two-thirds vote not to select a candidate.

SECTION 6.

The Libertarian Party of Idaho shall not support the candidacy of any candidate for office opposing a Libertarian candidate endorsed by a convention; nor shall it endorse any candidate for President or Vice-President other than the candidate selected by the delegates at the national party convention.

 

ARTICLE X: MEMBERSHIP

 

All dues-paying members of the Libertarian Party of Idaho shall enjoy full rights as stated in this Constitution. The classes of membership and dues shall be initially determined by the Executive Committee. Subsequent changes in classes and dues are subject to a majority vote of all delegates present and voting at Regular Conventions.

 

ARTICLE XI: JUDICIAL COMMITTEE

 

SECTION 1.

At such time that the Judicial Committee becomes established according to the requirements of this Constitution, it shall function as follows:

  1. Take disciplinary actions against any other party member in accordance with Robert’s Rules of Order Newly Revised, except as otherwise provided herein by the Party Constitution and by-laws.
  2. Challenges of adopted Party planks believed by a delegate to be in conflict with the Statement of Principles shall be referred in writing, during the Regular Convention, to the Judicial Committee by the delegate requesting action for consideration. The challenge shall specify in what manner the plank is believed to be in conflict, The Judicial committee shall consider the challenge, decide whether the plank in question conforms to the Statement of Principles, and make a report stating the justification of their decision to the floor of the convention. If the plank is found to be in conflict by the Judicial Committee, it shall be declared null and void, but can be reinstated in the platform by a three-fourths vote of the Regular Convention delegates.

 

ARTICLE XII: BY-LAWS

 

SECTION 1.

The By-Laws of the Party shall be initially approved by a majority vote of the membership obtained by mail ballot. Upon such approval, the Executive Committee shall officially adopt and promulgate the By-Laws in accordance with applicable law.

SECTION 2.

The By-Laws of the Party may be amended by a majority vote of the delegates at any Regular Convention of the Party, or by a vote of three-fourths of the State Central Committee at any other time.

 

ARTICLE XIII: CONVENTION GOVERNMENT

 

The convention of the Party shall be governed by the applicable Convention Rules of the National Party unless otherwise amended by the convention. Matters not specifically addressed by convention rules will be governed by Robert’s Rules of Order Newly Revised.

 

ARTICLE XIV: CONSTITUTION

 

SECTION 1.

This constitution shall be initially adopted by a three-fourths vote of the membership obtained by a mail ballot.

SECTION 2.

This Constitution may be amended by a vote of a majority of members in attendance at the first Regular Convention and, thereafter, by a two-thirds vote of the delegates at any subsequent Convention.

 

ARTICLE XV: SELECTION OF DELEGATES TO THE NATIONAL CONVENTION

 

SECTION 1.

The number of delegates shall be those allowed by the national Party and at least an equal number of delegate alternates.

SECTION 2.

Delegates and alternates to the national Party Regular convention shall be nominated from the floor of the state Delegate Selection Convention. The delegate nominees receiving the highest vote shall go to the national Party convention as delegates. Any Idaho Party member in good standing shall be eligible to be an alternate to the national Party Regular Convention.

SECTION 3.

Any party member may attend any Regular National Convention as an observer.

SECTION 4.

Prior to each duly called national Regular Convention, the Secretary shall certify the delegates and alternates to the national convention at least twenty days prior to the Convention to the national Party Secretary, and offer such proof as the national Executive Committee shall require that the selection of said delegates and alternate delegates was made in compliance with the Constitution of the Libertarian Party of Idaho.

 

ARTICLE XVI: CENTRAL COMMITTEES

 

SECTION 1.

The Constitution and By-Laws of the Libertarian Party of Idaho are also the governing documents of the State Central Committee. The four officers of the Party (Chairperson, Vice-Chairperson, Secretary and Treasurer) are the officers of the State Central Committee.

SECTION 2.

The County Central Committee in each county shall consist of the precinct committeemen representing the precincts within the county and the county chairman elected by the precinct committeemen. The precinct committeemen within each county shall meet at the county seat within ten (10) days after the primary election and at the time and date designated by the incumbent county chairman, and shall organize by electing a chairman, vice chairman, a secretary, a state committeeman, a state committeewoman, and such other officers as they may desire who shall hold office at the pleasure of the county central committee or until their successors are elected.

When a vacancy exists in the office of county central committee chairman, it shall be the duty of the state central committee chairman to call a meeting of the precinct committeemen of the county, and the precinct committeemen shall proceed to elect a chairman of the county central committee for the balance of the unexpired term.

The county central committee shall fill by appointment all vacancies that occur or exist in the office of precinct committeeman who shall be a qualified elector of the precinct.

If a county central committee does not exist, the precinct committeemen within that county shall form one based on state law to the maximum extent practical.

In the event there are no duly elected precinct committeemen within that county, the dues paying members of the Party residing within that county shall select precinct committeemen for the purpose of this and the following section. The selection process of precinct committeemen shall mimic the election process provided for in state law to the maximum extent practical.

SECTION 3.

The Legislative District Central Committee in each legislative district shall consist of the precinct committeemen representing the precincts within the legislative district, and the legislative district chairman elected by the precinct committeemen. The precinct committeemen within each legislative district shall meet within the legislative district within eleven (11) days after the primary election, the meeting time and place to be designated by the incumbent legislative district chairman. At this meeting the precinct committeemen shall organize by electing a chairman, vice chairman, a secretary and such other officers as they may desire, who shall hold office at the pleasure of the legislative district central committee or until their successors are elected.

When a vacancy exists in the office of legislative district central committee chairman, it shall be the duty of the state central committee chairman to call a meeting of the precinct committeemen of the legislative district, and the precinct committeemen shall proceed to elect a chairman of the legislative district central committee for the balance of the unexpired term.

If a legislative district central committee does not exist, the precinct committeemen within that legislative district shall form one based on state law to the maximum extent practical.

SECTION 4.

The State Central Committee shall consist of the four officers of the party, all legislative district chairmen, all county central committee chairmen, and all state committeepersons selected by the county central committees. Each of the above members of the state central committee shall be entitled to vote at all meetings of the state central committee and the State Conventions as delegates.

SECTION 5.

The filling of vacancies in the slate of candidates shall be by the County Central Committees, Legislative District Central Committees, and State Central Committee as provided by Idaho law.

 

Bylaws

 

ARTICLE I: DUTIES OF OFFICERS

 

SECTION 1.

The Chairperson shall preside at all meetings of the Party and shall perform such duties as usually pertain to the office of Chair and perform such other duties as are assigned by the Executive Committee.

SECTION 2.

The Vice-Chairperson shall act as assistant to the Chair and shall perform the duties of the Chair in the Chairperson’s absence and shall also perform such other duties as are assigned by the Executive Committee.

SECTION 3.

The Secretary shall keep an accurate and complete record of the proceedings of all meetings of the Party and the Executive Committee and shall keep these records up-to-date and in order in the master book containing the official minutes of the Party. At each meeting the Secretary shall present the minutes of the previous meeting for approval. In all elections and roll call votes, the Secretary shall call the roll of the registered members and shall keep an accurate tally of such votes. The Secretary may appoint assistants for this purpose and, in contested elections, with the consent of a majority of the members of the Party one representative for each contestant in question plus one additional member, if needed, so that the Board shall consist of an odd number of persons.

SECTION 4.

The Treasurer, or the Treasurer’s designated agent, shall receive and give receipts for all moneys paid to the Party and shall deposit same in such bank or banks as have been designated by the Executive Committee. The Treasurer shall present a written report in accordance with the Constitution or at any other time when requested to do so by the Executive Committee. The Treasurer shall file reports required by any government agency in the format and on the timetable specified by the agency. The Treasurer shall, at the direction of the Executive Committee, present the financial records of the Party for audit by such auditors as the Executive Committee shall specify. Expenditures of funds shall be made only in accordance with regulations established by the Executive Committee. Not later than January 5th of each year the Treasurer shall send a dues notice to each member of the Party (if applicable).

 

ARTICLE II: EXECUTIVE COMMITTEE

 

SECTION 1.

The Executive Committee shall have such powers and duties as prescribed in the Constitution.

SECTION 2.

The Executive Committee shall meet at such times and places as may be determined by action of the Committee, by call of the Chair, or by written request of one-third or more of the members of the Executive Committee.

SECTION 3.

The Executive Committee may without meeting together, transact business by mail and/or e-mail, voting a question submitted to them by or with the approval of the Chair. Ten days shall be allowed for the return of votes thereon by mail to the Party Secretary during the period between a Regular Convention and the next general election, and twenty days at all other times. If at the expiration of the applicable period, the majority of the Executive Committee have not returned their votes, the measure being voted on shall be deemed to have failed; in all other cases, a vote is required by the Constitution. The Secretary must preserve all such votes until the next meeting of the Executive Committee, at which meeting the Executive Committee shall order the disposition of the votes.

SECTION 4.

More than one-half of the membership thereof shall constitute a quorum at all meetings of the Executive Committee for the transaction of all business, except where a larger vote is required by the Constitution.

SECTION 5.

Except as otherwise provided in the Constitution, a majority vote of those present at, or in live communication with, a meeting shall rule.

SECTION 6.

To afford all Committee members the ability to participate in meetings, meetings shall be conducted at a location with technological services available. A “speakerphone” and a telephone connection capable of conference calling shall be the minimum facility requirement. Alternative methods, such as those using the internet, must receive unanimous approval of those committee members that are responsible for providing equipment at the primary and remote locations. The committee and general members attending an Executive meeting shall be individually and severally responsible for any facilities, equipment, transportation, internet, telephone company, and/or other charges required for their participation at or from a particular meeting location.

SECTION 7.

The Chairman, or his designate, shall specify the primary meeting location and shall accommodate the committee members desiring to participate in the meeting from a remote location via technological methods.

SECTION 8.

Provisions shall be made for observation of the meeting by the general membership at the primary and at any, and all, remote locations.

 

ARTICLE III: OTHER COMMITTEES

 

SECTION 1.

The Finance Chairperson shall have the responsibility of increasing the treasury of the Party, and for such other duties as may be assigned by the Executive Committee. With the help and cooperation of the Executive Committee, the Finance Chairperson shall select a working finance committee to assist in the fulfillment of such Chairperson’s duties.

SECTION 2.

The Membership Chairperson shall have the responsibility of increasing the membership of the Party, and for such other duties as may be assigned by the Executive Committee. With the help and cooperation of the Executive Committee, the Membership Chairperson shall select a working membership committee to assist in the fulfillment of such Chairperson’s duties.

SECTION 3.

The Publicity Chairperson shall have the responsibility for publicizing the Party and its activities and for such other duties as may be assigned by the Executive Committee. With the help and cooperation of the Executive Committee, the Publicity Chairperson shall select a working publicity committee to assist in the fulfillment of such Chairperson’s duties.

SECTION 4.

The Finance Chairperson, Membership Chairperson, and Publicity Chairperson, and all other offices shall be appointed at the first meeting of the Executive Committee after their election.

SECTION 5.

The Chair shall have the power to form other committees by choice, or by the direction of the Executive Committee, and appoint committee directors.

 

ARTICLE IV: CONVENTION COMMITTEES

 

SECTION 1.

The Chairperson of the Constitution, By-Laws, Rules, and the Platform Committee shall be the presiding officers.

SECTION 2.

A majority vote of those of the committee members present, or in live communication with the committee at the time of the vote, is necessary for a “do-pass” recommendation, and in the case of the Platform Committee, a majority must approve each specific plank separately.

SECTION 3.

The Committees shall report their recommendations to the floor of the Convention in accordance with the Party Rules.

SECTION 4.

Two or more members of the Platform Committee may join together to insure a minority report regarding any plank to the floor of the Convention. Two or more members of the Constitution, By-Laws, and Rules committee may join together to issue a minority report regarding the Constitution, by-laws, or Rules.

SECTION 5.

A member must be present in committee, or in live communication with the committee at the time of the vote, to vote.

SECTION 6.

More than one-half of the membership of each committee shall constitute a quorum.

 

ARTICLE V: FINANCES AND ACCOUNTING

 

SECTION 1.

The fiscal term of the Party shall begin the first day of July 1 and end the 30th day of June.

SECTION 2.

The Executive Committee shall cause an efficient double entry system of accounts to be installed and maintained.

SECTION 3.

All disbursements exceeding $25.00 shall be made solely by check.

SECTION 4.

The Executive Committee shall have the power to designate the depository of all funds of the Party, and shall appoint such officers and employees as its judgment may deem advisable to deposit and withdraw funds from said depository.

 

ARTICLE VI: PARLIAMENTARY AUTHORITY

 

Robert’s Rules of Order Newly Revised shall be the parliamentary authority for all matters of procedure not specifically covered by the Constitution, By-Laws or Rules of the Party.

 

ARTICLE VII: AMENDMENT TO THE BY-LAWS

 

Amendments to the By-Laws shall be in accordance with the Constitution.

 

ARTICLE VIII: REGULAR CONVENTION RULES

 

The regular Convention Rules shall be in accordance with the Constitution.