ARTICLE I
ESTABLISHMENT OF RULES
The Independence Party, having attained party status as that
term is defined under the New York Election Law on November 8,
1994 does hereby adopt the following Rules. The symbol appearing
below shall be the official symbol of the party.
ARTICLE II
MEMBERS OF STATE COMMITTEE
1. The unit of representation shall be by Assembly District.
Members will be chosen from Assembly Districts subject to the
following conditions:
(a) Where Assembly Districts are coterminous with or
contained within a county, they shall have two (2) members.
(b) Where an Assembly District is made up of two (2) or
more whole counties, each county shall have two (2) members.
(c) Where an Assembly District is made up of parts of
counties or a combination of a whole county or counties and
part or parts of another county or counties, each county and
part county unit shall have two (2) members.
(d) Each member shall be an enrolled voter of the
Independence Party within the unit from which each member is
elected.
(e) Representation from each unit shall be equal by sex.
(f) In the first election after redistricting of assembly
districts, a candidate for State Committee must only be an
enrolled voter of the Independence Party and have been a
resident of the county in which the unit from which he or
she is running is located for a period of twelve months
immediately preceding the election.
2. The officers of the State Committee shall be a
Chairperson, five (5) Vice Chairpersons, a Secretary, a
Treasurer, and seventeen (17) Members. Such officers shall
constitute the State Executive Committee. Within three (3) days
after election a certificate stating the names and post office
address of such officers shall be filed as provided by law.
3. Members of the State Committee shall be elected at the
fall primary elections in even-numbered years. Such members
shall hold office until the election of their successors.
4. (a) In case of the death, disqualification, resignation,
removal from district, or removal from office of a member of the
State Committee, the vacancy created thereby shall be filled by
majority weighted vote (in person or by proxy) of the remaining
members of the State Committee residing in that county. Said
vote shall occur at a meeting of said remaining members on seven
(7) days notice by regular mail which notice shall be given by
the first remaining State Committee member in the county who
notifies the Secretary of the State Committee and receives
confirmation from said Secretary that he or she is the first
such person whose notice has been received by said Secretary.
Said notice shall be mailed within five (5) days of such
confirmation. A quorum for said meeting shall be the smallest
number greater than fifty (50) percent of the remaining members
present in person or by proxy. Should there be no remaining
members, the vacancy continue until a new member is elected at
the next regular election of the State Committee.
(b) The State Committee shall have the power to fill
only vacancies created by the failure to elect a candidate at
the last election of State Committee members and such vacancies
may be filled by a vote taken in accordance with Article V of
these rules.
ARTICLE III
STATE COMMITTEE MEETINGS
1. (a) The State Committee shall, within fourteen (14) days
after its election, meet and organize by the election of
officers and adoption of rules and for the transaction of such
other business as may properly come before the meeting. Such
meeting shall be held at the time and place set forth in the
notice of meeting which meeting shall be called by the Secretary
of the outgoing Committee.
(b) Notice of the time and place of the organizational
meeting shall be served by mailing a notice of meeting to each
candidate for State Committee membership not less than thirty
(30) nor more than forty-five (45) days before such meeting.
Such notice shall be directed to the address of each candidate
as it appears on the petition filed at the Board of Elections.
2. (a) Meetings of the State Committee other than the
organizational meeting, shall be held upon the call of the
Chairperson, or in the case of vacancy in the office of the
Chairperson, on the call of the Vice Chairperson.
(b) Upon written petition of forty (40) or more members
of the Committee representing not less than twenty (20)
counties, or of a majority of State Executive Committee members,
filed jointly or separately in the office of the Secretary
asking for a meeting of the Committee, it shall be the duty of
the Secretary within ten (10) days after receipt of said
petition to issue a call for the meeting of the Committee to be
held within twenty-five (25) miles of the State Capitol in
Albany, the date of such meeting to be not later than thirty
(30) days, nor earlier than ten (10) days from the issuance of
the call. In the event that the Secretary shall fail to call
such meeting within ten (10) days after the filing of such
petition, the meeting may be called by an alternate convenor who
shall be a member named in the petition. The notice of meeting
shall include any and all agenda items called for by the
petition.
(c) Meeting of the State Executive Committee may be held
by telephone with prior day notice of the Chairperson or any
three (3) members thereof.
3. The foregoing notwithstanding, Regular Meetings of the
State Committee shall be held three (3) times per year: one in
the winter, one in the spring and one in the fall.
(a) Winter Meeting: The Winter Regular Meeting shall
be held not earlier than two (2) days before Martin Luther
King Jr. Day in January and not later than Presidents' Day
in February.
(b) Spring Meeting: The Spring Regular Meeting
shall be held not earlier than twenty (20) days before the
first day to sign designating petitions for the primary
election and not later than two (2) days before the first
day to sign designating petitions for the primary election.
(c) Fall Meeting: The Fall Regular Meeting shall
be held not earlier than four (4) days after the primary
election and not later than fourteen (14) days after the
primary election. In even-numbered years the Fall Regular
Meeting shall be the organizational meeting.
4. Notice of the time and place of every meeting other than
the organizational meeting shall be served by mailing a notice
to each member not less than ten (10) nor more than thirty (30)
days before such a meeting. Such notice shall be directed to the
address of such member as it appears on the records of the State
Committee.
ARTICLE IV
STATE COMMITTEE QUORUM REQUIREMENTS
1. At all meetings of members of the State Committee, or the
Executive committee, elected or appointed on a weighted vote
basis there shall be present in person or represented by proxy,
at least a majority of the members in order to constitute a
quorum, and for the purpose of determining whether a quorum is
present, the officers of the Committee shall be considered as
members of the Committee. If a quorum is not present, a lesser
number may adjourn the meeting to some future time, not more
than ten (10) days later.
2. At meetings of the State Committee, members may vote via
proxy to the same effect as if present and voting in person. The
use of proxies shall be limited as follows:
(a) Proxies shall be in writing, signed and dated, and
expire at the close of the meeting for which issued.
Facsimile and e-mail proxies shall be acceptable.
(b) Proxies shall be revocable at the pleasure of the
person executing the proxy, either in person, by written
notice to the Chairperson or Secretary, or by execution of a
subsequent proxy.
(c) A proxy may direct how the holder shall vote it.
(d) A proxy holder must be a State Committee member, and
shall not vote the proxy if the giver is present and chooses
to vote.
(e) Proxies shall be non-transferable, except that they
may list one or more contingent carriers, with only one of
the carriers registering as the holder at any one time.
(f) In case of dispute as to the validity of any proxy, a
Credentials Committee shall give its opinion as to the
proxy's validity, at which time the whole State Committee,
not including the disputed votes, shall decide the question,
such question taking precedence over any other business.
ARTICLE V
VOTING AT STATE COMMITTEE MEETINGS
1. State Committee Members representing each Unit of
Representation as described in Article II shall cast the whole
number of votes cast for Governor from the district or portion
thereof which they represent on the line or column of the
Independence Party in the last preceding general election.
2. Nominations for statewide office. Each member of the State
Committee shall cast the number of votes cast for Governor from
that portion of the state that he or she represents, on the line
or column of the Independence Party in the last preceding
general election. Voting by proxy at any meeting of members
shall be valid. Proxies shall be in writing and revocable at the
pleasure of the person executing the same. On any question,
motion, nomination or election, a majority weighted whole vote
of the members voting in person or by proxy shall carry such
question, motion, nomination, or election.
ARTICLE VI
CROSS ENDORSEMENTS
NOMINATIONS AND AUTHORIZATIONS FOR ELECTIONS
AND FILLING VACANCIES
1. The nomination of a candidate for election to fill a
vacancy in an elective office required to be filled at the next
general election, occurring after the fifth Tuesday preceding a
primary election, shall be made by the state executive
Committee; provided, however, that if such elective office shall
fall within a county which has elected an Independence Party
county committee pursuant to the Election Law or formed an
interim county organization pursuant to Article X of these
rules, and if the rules of said county committee or interim
county organization make provision for the filling of said
vacancy, the vacancy shall be filled in accordance with that
provision; and provided further that if such elective office
shall fall within more than one county, each of which has
elected an Independence Party county committee pursuant to the
Election Law or formed an interim county organization pursuant
to Article X of these rules, and if the rules of all of those
county committees or interim county organizations include the
same provisions for the filling of said vacancy, the vacancy
shall be filled in accordance with that provision.
2. Nominations for public office to be filled at a special
election shall be made by the state executive committee;
provided, however, that if such elective office shall fall
within a county which has elected an Independence Party county
committee pursuant to the Election Law or formed an interim
county organization pursuant to Article X of these rules, and if
the rules of said county committee or interim county
organization make provision for the filling of said vacancy, the
vacancy shall be filled in accordance with that provision; and
provided further that if such elective office shall fall within
more than one county, each of which has elected an Independence
Party county committee pursuant to the Election Law or formed an
interim county organization pursuant to Article X of these
rules, and if the rules of all of those county committees or
interim county organizations include the same provisions for the
filling of said vacancy, the vacancy shall be filled in
accordance with that provision.
3. Vacancies in nomination made at a judicial district
convention, or by the state committee or by the state executive
committee, shall be filled by a committee appointed by such
convention or state committee or state executive committee to
nominate candidates to fill vacancies in nominations made by
such convention or state committee or state executive committee,
provided however, that in the event that such committee is not
appointed or fails to act, the state executive committee may
fill such vacancies.
4. In all cases where the Election Law allows a vacancy in a
nomination to be filled by such committee as the rules of the
party may provide, or in any other case of a nomination or
designation, said vacancy shall be filled by the state executive
committee; provided, however, that if such elective office shall
fall within a county which has elected an Independence Party
county committee pursuant to the Election Law or formed an
interim county organization pursuant to Article X of these
rules, and if the rules of said county committee or interim
county organization make provision for the filling of said
vacancy, the vacancy shall be filled in accordance with that
provision; and provided further that if such elective office
shall fall within more than one county, each of which has
elected an Independence Party county committee pursuant to the
Election Law or formed an interim county organization pursuant
to Article X of these rules, and if the rules of all of those
county committees or interim county organizations include the
same provisions for the filling of said vacancy, the vacancy
shall be filled in accordance with that provision. In the event
of any vacancy in a nomination or designation not provided for
above, said vacancy shall be filled by the State Executive
Committee.
5. An authorization provided for shall be signified by the
filing of a certificate, signed and acknowledged by the
presiding officer and the secretary of the meeting at which such
authorization was given, authorizing such designation,
nomination or substitution with the officer or board with whom
or with which such designation or substitution is required to be
filed.
6. Upon request of eight or more enrolled members of the
Independence Party residing in a county where no county
committee has been established pursuant to the Election Law and
no interim county organization has been formed pursuant to
Article X of the these rules, the Executive Committee shall have
discretion to issue a certificate of authorizaton to a candidate
seeking election to federal, state legislative or county-wide
office, the district of which does not include any part of any
county where there is a county committee or an interim county
organization.
7. In counties where no county committee has been established
pursuant to the Election Law or no interim county organization
has been formed pursuant to Article X of these rules,
nominations for town office shall be made by petition at the
primary election preceding the general election.
8. In counties where no county committee has been established
pursuant to the Election Law or no interim county organization
has been formed pursuant to Article X of these rules,
nominations for village office may be made by caucus, if an
enrolled voter of the Independence Party residing within the
village has been designated as village election chairperson. A
village election chairperson may be designated by the State
Chairperson of the Independence Party or the State Executive
Committee or such other officer as may be appointed or
designated for this purpose by the State Chairperson or State
Executive Committee.
9. In all primary elections to nominate Independence Party
candidates for the public offices of President and Vice
President of the United States, United States Senator and
Governor, Lt. Governor, Comptroller and Attorney General of the
State of New York, those eligible to vote shall include enrolled
members of the Independence Party and those who are registered
to vote without party enrollment.
10. Districts which cross county lines:
(a) Nominations and authorizations by county committees
and interim county organizations for public offices the
districts of which cover more than one county, shall be
determined in accordance with Articles VI and X of these
rules provided that each such county which has made a
determination regarding such nomination or authorization
shall cast a vote equal to the number of votes cast for
Governor in the portion of the district within that county
on the line of the Independence Party in the last preceding
general election.
(b) It shall not be necessary for there to be a joint
meeting of the counties in question, and the certificate of
authorization shall be issued by the authorized body in the
county with the largest weighted vote which voted for the
candidate to whom a certificate is to be issued under (a)
above.
(c) Notwithstanding the foregoing, in the case of
designation or nomination to an office to be filled by all
the voters of the City of New York, authorizations shall be
made in the following manner:
(i) A joint meeting of the Executive Committees of the
county committees and interim county organizations, if
any, within the City of New York shall be called by the
State Chairperson or by some person designated by the
State Chairperson or, if the State Chairperson should
fail to act by the first day for petitioning or should
fail to set the time of said meeting for before the
tenth day after the first day for petitioning for said
office, by any County Chairperson within the City of
New York.
(ii) A quorum to do business shall be at least two
(2) County Executive Committee members from each county
within the city that has a county committee or interim
county organization, or at least three (3) members each
from three (3) or more counties that in the aggregate
cast a majority of the votes cast for Governor within
the City of New York on the Independence Party line or
column in the last preceding election for Governor.
(iii) The representative or representatives of each
county present at such meeting shall cast votes equal,
in the aggregate, to the votes cast for Governor on the
Independence Party line or column in the last preceding
election for Governor in the respective county, said
votes being divided evenly among all representatives
present from the respective county. A majority of said
vote shall be required to authorize the candidacy of any
person who is not a member of the Independence Party.
(iv) Representation by proxy shall not be permitted
at said meeting.
(v) The certificates of authorization shall be signed
and acknowledged by the presiding officer and secretary
of said meeting.
ARTICLE VII
ADDITIONAL RULES
Robert's Rules of Order Newly Revised shall govern in all
meetings of the State Committee and Executive Committee insofar
as they are applicable and not inconsistent with these rules.
ARTICLE VIII
[RESERVED]
ARTICLE IX
PARTY FUNDS IN PRIMARY ELECTIONS
Notwithstanding the prohibition of section 2-126 of the
Election Law which precludes political party committees from
spending funds for a candidate in a contested primary election
the State Committee declares for itself and each county
committee-and subordinate committee of the Independence Party in
the state that such committees may support candidates in
contested primary elections consistent with the constitutionally
protected rights of the Independence Party in New York to
Freedom of Speech and Freedom of Association.
ARTICLE X
COUNTY ORGANIZATION
1. Definitions:
(a) As used herein and throughout these rules, the term
"interim county organization" shall mean the body
responsible for representing the Independence Party and
carrying out the functions and exercising the authority
delegated to "county committees" under these rules and the
Election Law. An interim county organization shall be
considered a committee of the State Committee under Section
2-110 of the Election Law.
(b) As used herein and throughout these rules, the term
"county committee" shall mean a body constituted and
organized pursuant to Article 2 of the Election Law.
2. Interim county organizations: Until such time as a
county committee is constituted and organized the elected State
Committee members in each county shall be the interim county
organization.
(a) Said interim county organization is hereby delegated and
shall exercise the authority and carry out the functions of
a county committee (including the execution and filing of
documents pursuant to Article 6 of the Election Law) in
accordance with the following.
(b) The elected State Committee members in each county
shall hold an initial organizational meeting and, by
weighted vote consistent with Article V of these rules:
(i) elect a Chairperson, Secretary and Treasurer,
each of whom shall be a separate person and an enrolled
member of the Independence Party residing in that
county, and shall be present at the initial
organizational meeting.
(ii) adopt rules governing future voting (which shall
be by one person-one vote or by weighted vote consistent
with Article V of these rules), the addition of members
to the interim county organization and such other
matters as are necessary to the work of the interim
county organization.
(iii) voting at the initial meeting may be by person
or by proxy carried by an elected member of the State
Committee from that county.
(c) Convening of initial organizational meeting shall be
in accordance with the following:
(i) Any elected State Committee member wishing to
call the initial organizational meeting must provide
written notice of the initial organizational meeting to
the Secretary of the State Committee.
(ii) The right to select the time and place of the
initial organizational meeting shall be with the first
State Committee member residing in the county whose
written notice pursuant to (i) above is received by the
Secretary of the State Committee.
(iii) The Secretary of the State Committee shall fax
or mail confirmation of receipt of the written notice of
the initial organizational meeting within four (4) days
after receiving the notice.
(iv) The notice of the initial organizational meeting
must be mailed by the person receiving the aforesaid
confirmation within seven (7) days of receipt of said
confirmation and must give no less than seven (7) days,
nor more than twenty (20) days, notice of said meeting.
(d) the Secretary elected at the initial meeting shall
within five (5) days thereafter file with the Secretary of
the State Committee an affidavit certifying that the initial
organizational meeting was held pursuant to this Article,
that officers were elected and that rules were adopted and
shall append to said document the names and addresses of the
elected officers and a copy of said rules.
(e) a quorum of the smallest number greater than fifty
(50) percent of the county's State Committee members is
required at the initial meeting in person or by proxy.
(f) the interim county organization shall be dissolved
and the county be governed by section 4 below, if, as a
result of death, disqualification, removal from district, or
removal from office there are no remaining State Committee
members in said county.
(g) The term of an interim county committee shall be
until the next State Committee election, after which the
county may organize a new interim county organization if a
county committee has not been organized in accordance with
(3) below.
(h) In case of dispute as to the validity of any
purported interim county organization, which is a
subcommittee of the State Committee, the matter shall be
decided by the State Executive Committee which decision
shall take effect immediately. It must, however, be
accepted, modified or rejected by majority vote of the State
Committee at its next regular meeting or at a special
meeting called for that purpose.
3. County Committees: The following shall govern the
conduct of the organizational meeting of a county committee
(other than county committees which have already organized and
adopted rules) held pursuant to Sec. 2-112 of the Election Law.
(a) A quorum of the County Committee's organizational
meeting shall be the smallest number greater than 50% of the
elected members of the county committee.
(b) For purposes of establishing a quorum at the
organizational meeting, the votes of the elected members of
the County Committee present or present by proxy held by an
elected member of the County Committee shall be counted.
(c) Voting at a County Committee's organizational meeting
shall be either by:
(i) elected members of the County Committee
personally present, or
(ii) elected members of the County Committee present
by proxy held by an elected member of the County
Committee.
(iii) proxies may not be held or voted at the
organizational meeting by individuals not elected to the
County Committee
4. [Reserved]
5. Miscellaneous:
(a) All powers delegated to or exercised by any person
appointed by the State Executive Committee to the position
of "County Chairperson" pursuant to the previous Article XV
of these rules shall be null and void and any person so
appointed shall no longer occupy said position.
(b) The provisions of this article shall override any
provisions to the contrary in Article VI of these rules.
ARTICLE XI
JUDICIAL DISTRICT CONVENTIONS
1. (a) The judicial district convention for the nomination of
party candidates for the office of Justice of the Supreme Court
in the 3rd, 4th, 5th, 6th, 9th, and 10th Judicial Districts
shall be constituted by the election of one delegate and one
alternate delegate from each assembly district in the judicial
district for each two thousand (2000) votes or major fraction
thereof cast in such assembly district or portion, for the party
candidate for Governor under the party emblem in the last
preceding gubernatorial election. The judicial district
convention for the nomination of party candidates for the office
of Justice of the Supreme Court in the 1st, 2nd, 11th, and 12th
Judicial Districts shall be constituted by the election of one
delegate and one alternate delegate from each assembly district
in the judicial district for each seven hundred fifty (750)
votes or major fraction thereof cast in such assembly district
or portion, for the party candidate for Governor under the party
emblem in the last preceding gubernatorial election. The
judicial district convention for the nomination of party
candidates for the office of Justice of the Supreme Court in the
8th Judicial District shall be constituted by the election of
one delegate and one alternate delegate for each three thousand
(3000) votes or major fraction thereof cast in such assembly
district or portion, for the party candidate for Governor under
the party emblem in the last preceding gubernatorial election.
The judicial district convention for the nomination of party
candidates for the office of Justice of the Supreme Court in the
7th Judicial District shall be constituted by the election of
one delegate and one alternate delegate for each five thousand
(5000) votes or major fraction thereof cast in such assembly
district or portion, for the party candidate for Governor under
the party emblem in the last preceding gubernatorial election.
(b) In no event, however, shall any assembly district in
any judicial district be entitled to less than one delegate and
one alternate.
(c) If, by reason of a change in the boundaries of
assembly districts after an election for governor, the exact
vote at such election in the territory consisting the altered
district is not ascertainable, such vote for purposes of this
section shall be estimated.
2. The state executive committee shall fix the time and the
place of the meeting of the judicial district conventions.
3. The call for any judicial district convention shall be
issued by the state executive committee or the state chairman.
4. The quorum at any judicial district convention of the
Independence Party shall be a majority of the total number of
delegates or respective alternates elected to serve at that
convention pursuant to Section 1 of this Article. All
nominations at any convention shall be made by a majority of the
delegates present and voting and, if a majority of the delegates
present and voting shall vote not to nominate any candidate to
fill a vacancy, then no candidate shall be nominated to fill
that vacancy.
ARTICLE XII
REMOVAL AND RECALL
1. Except as may be otherwise provided by law, a member or
officer of the State Committee may be removed by the Committee
for disloyalty to the party or corruption in office, after
notice and a hearing upon written charges, to be heard by the
committee or a sub-committee appointed for that purpose, which
shall report the findings to the full committee.
2. One or more officers of the State Committee
or members of the State Executive Committee may also be removed
by way of recall as follows:
(a) At any meeting of the State Committee
for which notice of intent to recall has been mailed to each
State Committee member at least ten (10) days prior to the
meeting (such notice to be given by any member of the State
Committee), a recall against specified officers of the State
Committee or members of the State Executive Committee may be
initiated by a vote of one half weighted pursuant to Article
V.
(b) Any officers of the State Committee or
members of the State Executive Committee against whom recall
has been initiated may be removed from office by a vote of
not less than fifty-five (55) percent at the same meeting of
the State Committee weighted pursuant to Article V.
(c) A new election for the officers or
membership positions vacated by recall shall take place
thereafter at the same meeting of the State Committee by the
same voting procedure by which said offices or positions of
membership were previously filled.
(d) Recall may also be initiated by a
petition calling for a State Committee meeting.
These rules shall be the exclusive rules of
the State Committee of the Independence Party of New York. No
other rules shall be effective unless approved in writing by the
State Committee.
If any clause, sentence, paragraph,
subdivision, section or part of these rules or any amendment
thereto shall be adjudged to be invalid or otherwise rendered
inoperative by any court of competent jurisdiction, such
judgment or other judicial action shall not affect, impair,
invalidate or render inoperative the remainder thereof, but
shall be confined in its operation to the clause, sentence,
paragraph, subdivision, section or part thereof directly
involved in the controversy in which such judgment or other
judicial action shall have been rendered or taken.
