Allen County Libertarian Party of Ohio Bylaws
We, members of the Allen County Libertarian Party of Ohio (hereinafter referred to as “the Party”), in order to nominate, endorse, support, and elect candidates, educate voters, and to promote issues that represent the ideals set forth in the Statement of Principles of the Libertarian Party of these United States of America, do hereby establish these Bylaws to govern the Allen County Libertarian Party of Ohio in perpetuity.
Bylaw A – Constitution and Laws
Section 1. Nothing herein shall conflict with the Constitution of the United States of America, the laws of the United States of America, the Constitution of the State of Ohio, the laws of the State of Ohio, or the Constitution and Bylaws of the Libertarian Party of Ohio.
Section 2. Any matter which is determined to conflict with Section 1 shall be of no force and effect. All constitutional provisions and laws of the United States of America and of the State of Ohio are hereby incorporated by reference and made a part hereof, particularly those elements of Ohio Revised Code Title 35 that apply to major political parties.
Section 3. Each clause of these Bylaws shall be considered separately and the illegality or enforceability of any one clause shall not affect any other clause.
Section 4. The Party affirms and intends to preserve its status as the official Allen County affiliate of the Libertarian Party of Ohio (hereinafter referred to as “the LPO”). The Party shall abide by the Statement of Principles, Constitution, Bylaws, Standing Rules, and Operational Directives of the LPO. This section shall not be interpreted in such a way as to allow the LPO to dictate spending or operating priorities of the Party.
Bylaw B – Membership
Section 1. Any member of the Libertarian Party of Ohio residing in Allen County shall be considered to be a member of the Party.
Section 2. No membership dues, other than any required by the state party, shall be exacted from Party members.
Bylaw C – Internal officer and delegate qualifications
Section 1. No person may receive endorsement or vote on any motion, resolution, nomination, or internal election at any caucus, convention, meeting, or conference of the Party who does not affirm the Constitution of the United States of America and the Constitution, Bylaws, and Guiding Principles of the Libertarian Party of Ohio.
Section 2. No person may be eligible for elected office within the Party who is an active officer, candidate, or elected official of another political party within the 30 days prior to such an election.
Section 3. No person may be elected to hold the office of Treasurer on both the Central Committee and Executive Committee simultaneously.
Bylaw D – Central Committee
Section 1. In matters of elections to the county Central Committee, to the extent possible, the Party shall follow Title 35 of the Ohio Revised Code as it applies to major political parties.
A. One member shall be elected from each township in the County and each ward in the cities of Lima and Delphos to serve on the Central Committee for a term of two years in accordance with section 3517.03 of the Ohio Revised Code.
B. Only members of the Party may be elected to the Central Committee from the township or ward in which they reside and in accordance with section 3517.03 of the Ohio Revised Code.
C. Members of the Central Committee shall not be required to collect signatures for placement onto the ballot during an election.
Section 2. In the event the Secretary of State denies ballot access as a recognized party, Central Committee elections shall take place at a central location, at a time and place agreed upon by the outgoing Central Committee.
A. Elections shall be held in even-numbered years in the same month as the official state
B. The date of the election shall be set no later than 75 days prior to the official primary election of the State of Ohio. Announcement of the election date, time, and location shall be communicated to the members of the Party by reasonable and common methods no later than 60 days prior to the election.
C. Nominations or declarations of intent to run for office shall be received by the Central Committee Secretary no later than 45 days prior to election. The candidates’ names and addresses shall be communicated to the members of the Party by reasonable and common methods no later than 30 days prior to the election.
D. Only members who live in the township or ward shall be eligible to vote for Central Committee members for that township or ward.
E. Elections for Central Committee shall be conducted by secret ballot. The use of mail-in or absentee ballots shall not be denied, provided any such ballots are postmarked no later than the day of the election.
F. Election results shall be communicated to the Central Committee Secretary no later than three business days after the election and forwarded to the Executive Committee Secretary within five days. Included with the results shall be a list of members who voted in each ward. The Executive Committee Secretary shall certify and communicate the results to the members of the Party by reasonable and common methods within 10 days.
Section 3. Each newly elected Central Committee shall meet no earlier than 6 but no more than 15 days following certification of the elections and organize itself by the election of a Chair, Vice Chair, treasurer, and secretary in accordance with section 3517.04 of the Ohio Revised Code.
Section 4. The Central Committee shall, at its first and each meeting thereafter, elect from the Party membership to the Executive Committee such positions as are vacant and provided for in Bylaw E, Section 2.
A. The Central Committee shall confer upon the Executive Committee all its duties and responsibilities excepting those reserved in this Bylaw. The Executive Committee shall have responsibility for and shall be authorized to act for the Central Committee in all things pertaining to the operation, organization, business, and well-being of the Party.
B. The Executive Committee shall be elected from Party members by each newly elected Central Committee as specified by Party Bylaws and the Ohio Revised Code. This election shall be held by secret ballot.
Section 5. In the event of a vacancy on the Central Committee caused by death, resignation, failure to elect, or removal from the township or ward from which a committee member was chosen, the vacancy may be filled by a majority vote of the remaining members of the Central Committee in accordance with section 3517.05 of the Ohio Revised Code. Such replacement elections may be conducted in a manner determined by the Central Committee Chair with the consent of the Committee and the nominee.
Section 6. The Central Committee shall meet at least twice each year at a time and place determined by the Chair of the Central Committee.
A. Special meetings may be called by the Committee Chair or upon petition of one-third of Central Committee members.
B. Save in an emergency, all members of the Central Committee shall be given not less than two weeks’ notice of each meeting and its agenda of business.
Section 7. The Central Committee shall retain the following powers:
A. Creation of an Audit Committee, with oversight by the Committee treasurer.
B. Selecting delegates to state Conventions with guidance from the Libertarian Party of Ohio.
C. Election of the Executive Committee as defined in Bylaw D, Section 2.
D. Establish all compensation to staff and officers of the Party.
Section 8. Quorum shall consist of a majority of the filled positions of the Central Committee. Special quorums may conduct business not requiring a vote.
Bylaw E – Executive Committee
Section 1. The county Executive Committee will be responsible for the day to day administration of the all party functions including recruitment of candidates, education programs (especially for training of grassroots activists), publicity and coordination of events and functions, press and public relations, fundraising and finances, and any other functions reasonably believed to be “administrative.”
Section 2. Terms of office for the Executive Committee shall all commence upon election by the Central Committee. All terms shall expire with the first meeting of a new Central Committee, unless otherwise noted in this section. The Executive Committee shall consist of no more than the following officers (fewer is allowed if membership is not large enough to fill all positions):
B. Vice Chair
E. Three members of the Central Committee elected as at-large Trustees.
Section 3. The Executive Committee officers shall have such duties as specified in Bylaw F.
Section 4. The Executive Committee shall hold at least one business meeting quarterly, the date, place, and time determined by the Chair. The committee shall be notified no less than one week prior to the scheduled meeting, and an agenda shall be provided with such notification.
Section 5. No member may hold a specific office for more than 12 consecutive years.
Section 6. The Executive Committee shall maintain a balanced budget for the Party.
A. The Party may not incur a debt with a term of longer than 4 years, except with the direction from the Central Committee for capital expenditures and to acquire ownership of real property.
Section 7. The Executive Committee may create Standing Rules of the Party to implement specific policies or procedures as may be required.
Section 8. The Executive Committee may hire paid staff, subject to approval of the Central Committee.
A. The Executive Committee shall set job descriptions and oversee any staff.
B. Officers shall retain their vote on the Executive Committee and be counted towards quorum, regardless of compensation.
Section 9. Quorum shall consist of 60% of the Executive Committee. Special quorum shall not be allowed.
Section 10. As membership size affords, the Executive Committee shall retain the authority to form temporary subcommittees.
A. A subcommittee’s function is to plan and work toward specific tasks or goals such as (but not limited to) organizing parade floats and entries, planning special events, fundraising, and canvassing.
B. When forming a subcommittee, the Executive Committee shall nominate and vote on a subcommittee chair and vice chair – both of whom must be party members. The subcommittees, however, may enlist the aid of volunteers who are not party members.
C. Any subcommittees formed shall be deemed disbanded once its deadline is reached or event has taken-place, and its chair or vice chair have presented their final progress report to the Executive Committee at its next regular meeting. No subcommittee may operate in perpetuity.
Bylaw F – Officers
Section 1. The officers the Executive Committee shall:
A. be, and remain throughout their term of office, members of the Party.
B. be prepared, with reasonable notice, to turn over all equipment and records of the Party to their successor.
C. be able, with reasonable notice, to account for all equipment and records of the Party.
D. be removed from office in the manner as specified in Bylaw H.
E. select such individuals as required for positions with the Libertarian Party of Ohio.
Section 2. The Chair of the Executive Committee shall have the following duties, responsibilities, and restrictions:
A. At the discretion of the Chair, issues not affecting financial transactions may be decided by electronic voting or email. Any such decisions will be discussed and may be overturned at the next meeting.
B. The power to appoint such committees and positions as deemed necessary, at a minimum those required by the Party Bylaws. All appointment terms shall end with the election of a new Executive Committee Chair.
C. Establishing the date, time, location, and agenda of all Executive Committee meetings. The agenda shall be distributed in accordance with Bylaw E, Section 4.
D. Perform all other duties prescribed by statute or usually exercised by the Chair and not inconsistent with the Constitution and Bylaws of the Party.
E. Perform all other duties prescribed by statute or usually exercised by the Chair and not inconsistent with the Bylaws of the Party.
F. Shall, in the event – and only in the event – of a vacancy in the office of Secretary, delegate or assume the duties of that office as needed to ensure normal Party operation.
Section 3. The Vice Chair of the Executive Committee shall have the following duties, responsibilities, and restrictions:
A. Perform the duties of the Chair in the event of Chair’s absence, death, removal from office, resignation, removal from the State of Ohio, or inability to act, until the Chair returns or a new Chair is elected and qualified.
B. Learn the duties of and assist the Chair as designated by the Chair.
C. The Vice Chair may also serve simultaneously as Treasurer in the event Party membership is not large enough to field a member to hold that office.
Section 4. The Secretary of the Executive Committee shall have the following duties, responsibilities, and restrictions:
A. Be in charge of maintaining all official documents of the Party.
B. Prepare all necessary notes, minutes, and other documents.
C. Make available to all members the minutes of all meetings within ten days of the meeting.
D. Keep and be the custodian of the permanent books and records of the Party, except financial records.
E. Keep and maintain the Standing Rules of the Party.
F. File with the Allen County Board of Elections a copy of the Party Bylaws within thirty days of adoption or amendment as required by section 3517.06 of the Ohio Revised Code.
G. File with the Allen County Board of Elections a list of members of the Central Committee and Executive Committee within thirty days of their election or appointment as required by section 3517.06 of the Ohio Revised Code.
H. Perform all other duties prescribed by statute or usually exercised by the Secretary and not inconsistent with the Bylaws of the Party.
I. The Secretary may appoint a deputy Secretary and assistant Secretaries who shall assist with such duties as assigned by the Secretary.
J. The deputy Secretary shall perform the duties of the Secretary, except voting on the Executive Committee, in the event of Secretary’s absence, death, removal from office, resignation, removal from the State of Ohio, or inability to act, until the Secretary returns or a new Secretary is elected and qualified.
Section 5. The Treasurer of the Executive Committee shall have the following duties, responsibilities, and restrictions:
A. Receive all funds belonging to the Party and keep proper books of account on all monies.
B. Expend such funds belonging to the Party as have been approved in accordance with Party Bylaws.
C. Establish such funds as may be necessary to ensure proper accounting and treatment of all monies, based upon the laws of the United States of America and the State of Ohio.
D. Maintain proper financial reporting status and frequency as determined by applicable regulatory agencies at the federal, state, and county level.
E. File the proper forms to all applicable regulatory agencies at the federal, state, and county level within two weeks of succeeding a previous Treasurer to be identified as the new Treasurer.
F. File the proper forms to all applicable regulatory agencies at the federal, state, and county level within two weeks of appointing a Deputy Treasurer to allow the Deputy Treasurer to be identified as an authorized person of account.
G. Expend funds only through check, electronic transfer, or other common methods which allow for a detailed audit trail. Cash is not an acceptable method of expenditure.
H. Provide all financial records to the Audit Committee following each filing period and upon the request of the Audit Committee.
I. Share all campaign finance information with the LPO, particularly contributions of federal funds, by the 20th of each month for the preceding month.
J. Perform all other duties prescribed by statue or usually exercised by the Treasurer and not inconsistent with the Bylaws of the Party.
K. The Treasurer may appoint a deputy Treasurer and assistant Treasurers to assist with such duties as assigned by the Treasurer.
L. The deputy Treasurer shall perform the duties of the Treasurer, except voting on the Executive Committee, in the event of Treasurer’s absence, death, removal from office, resignation, removal from the State of Ohio, or inability to act, until the Treasurer returns or a new Treasurer is elected and qualified.
M. The Treasurer and Deputy Treasurer shall not be permitted to serve on the Audit Committee for at least two years after the completion of their term.
Bylaw G – Election of Candidates
Section 1. For all internal elections, the winning candidate shall be selected from among the several candidates and “None of the Above” using instant runoff voting methods.
A. “None of the Above” may win, triggering a new election with a new slate of candidates.
Section 2. Each member eligible to vote shall be permitted one and only one vote. No voting may be done by proxy, unit rule, or slate selection.
Bylaw H – Removal of Internal Officer
Section 1. An internal officer of the Executive Committee or Central Committee or appointee may be removed from their position by a three-fourths vote of the Central Committee.
A. The member shall be notified in writing or electronic form with at least two weeks notice that the action by the Central Committee is being contemplated, of the reasons for it, and be given a reasonable opportunity to appear and produce evidence and witness in his own favor before any vote on removal may be taken.
B. Three members of the Central Committee must state their reasons and recommend in writing or in electronic form to begin removal proceedings. These recommendations must be received within a reasonable time frame from one another; no complaint older than thirty days shall count towards this number.
C. A special meeting of the Central Committee may be called to deal with a removal issue, provided that all members of the Central Committee are made aware of the meeting no less than two weeks in advance.
D. Once removed, a member may not hold office (including appointments) within the Party for a duration set by the Central Committee at the time of the removal.
Bylaw I – Endorsements
Section 1. No committee, officer, or appointee of the Party shall endorse any candidate running in opposition to a candidate endorsed or nominated by the Party, the LPO, or the Libertarian Party of the United States of America.
Section 2. The Party shall not endorse for any partisan race a member of another Party when there is a member of the Party running for the same office. The Party reserves the right to endorse no candidate for a race.
Bylaw J – Campaign Funding
Section 1. Funding and other assistance provided by the Party to a candidate for office shall not be used to attack any Libertarian candidate in a primary election.
Bylaw K – State Conventions
Section 1. The number of delegates and alternates to a state convention and the procedure for their selection shall be determined by the LPO.
A. The Party Central Committee shall select the Party’s delegates to each state Convention in accordance with the procedure specified by the LPO .
B. The Party Executive Committee shall select from the delegates such appointments to the state Convention as the LPO may request from the Party.
Bylaw L – Miscellaneous
Section 1: These Bylaws shall be maintained online in a manner easily accessible to Members and Officers in a commonly used format. An official copy shall also be maintained by the Secretary.
Section 2. The Party is now, and shall seek to retain its status as, the only officially affiliated party of the Libertarian Party of Ohio operating in Allen County in accordance with the Libertarian Party of Ohio Constitution.
Section 3. All Party meetings shall be open to the public and the press. Any Committee of the Party may go into executive session to consider and vote upon matters of budget, personnel, legal affairs, and any other matter that is not required by law to be discussed and voted upon in an open meeting, upon a majority vote of those members voting.
A. To ensure proper compliance with all applicable “Sunshine” laws governing public disclosure and open access to meetings involving public officials, during all Executive Committee meetings any members of the party’s Central Committee who are present must be introduced to the public in attendance. This portion of the meeting must take place before any formal party business may be conducted from that meeting’s agenda.
Section 4. A member of any Committee may, at the discretion of the chair, fully participate in the proceedings of a meeting via telephone conference call, video conference, or other means of remote participation. A member so participating shall be counted as part of quorum and shall have all the rights, privileges, and responsibilities as if present, with the exception of votes requiring a secret ballot and replacement of statewide candidates after a primary election as required by section 3513.31 of the Ohio Revised Code.
A. For votes requiring a secret ballot, committee members participating remotely may count towards quorum, but their vote should be recorded as an automatic abstention.
Section 5. The Party shall not create any Bylaws or rules which attempt to limit participation by any individual based upon race, gender, national origin, language(s) spoken, sexual preference, gender identification, religious preference(s), military background, physical capabilities or characteristics, mental capabilities or characteristics, age, prior political affiliation or any other individual trait.
Section 6. The Party shall provide easy access and frequent opportunity for qualified residents of Allen County to become members of the Libertarian Party of Ohio and to participate in the elective process and shall support any legislation which so provides.
Section 7. The most recent edition of Robert’s Rules of Order shall govern all proceedings not specifically covered by these Bylaws.
Bylaw M – Amendments & Adoption
Section 1. These Bylaws may be adopted, amended, or repealed by a 60% majority vote of the Party Central Committee.
Section 2. Bylaw changes to be considered for adoption shall be communicated to those eligible to vote upon them by reasonable and common methods no less than two weeks prior to a vote. Failure to follow this procedure will be grounds for invalidation of such a vote.
Section 3: Corrections of numbering and grammar to common usage of English shall be approved by a majority vote of the Executive Committee or the Central Committee and not recorded in these Bylaws as amendments.
Section 4: At adoption of these Bylaws designed to govern the procedures and order of the Libertarian Party of Allen County, the Chair and Secretary of the Party have subscribed their names this 23rd day of January 2011 .
A: Approved and signed for adoption by Donald C. Kissick (American Township), Eugene McCall (Richland Township), & Paul D. Hinds (Shawnee Township)
B: Amended on June 30, 2011; voted & approved by Central Committee Chair Donald C. Kissick, Vice Chair Eugene McCall, & Treasurer Paul D. Hinds
C: Amended on February 11, 2012; voted & approved by Central Committee Chair Donald C. Kissick, Vice Chair Eugene McCall, & Treasurer Paul D. Hinds
D: Amended on April 14, 2012; voted & approved by Central Committee Chair Donald C. Kissick, Vice Chair Paul D. Hinds, & Treasurer Eugene McCall