The Constitution of the American Reform
Party
of the United States of America
As Adopted at Schaumburg, Illinois on October 5, 1997
Preamble
When in the life of a democracy its people recognize a deterioration in the
functioning of their government and the fabric of their society which threatens
the future of that democracy and the freedoms of its sovereign citizens,
they are obligated by their duty as citizens to join together and undertake
to restore the foundations of their nation and its promise for their
posterity. We are facing such a time in America today.
We reaffirm that all Americans of whatever origin share equally with their
fellow citizens the profound rights to life, liberty, individual pursuits,
and justice granted by our Creator, ratified by the world's oldest Constitution,
and preserved by the sacrifices of patriots throughout our Nation's
history. We must never forget that the rights and opportunities we
enjoy carry with them in equal measure responsibilities and obligations.
Our purpose in joining together to form this party is to initiate a process
of American renewal under the Constitution of the United States of America,
and to attract to this cause others who share our concerns. We intend
to engage in the public debate in a manner that emphasizes the contrast between
the promise of the future and the politics of the past. We shall contribute
to the intellectual foundation of a new American political force which will
build community, create sustainable economic growth, preserve our natural
resources, remove the barriers of discrimination, unify our society, and
restore integrity and decency to public life and governance.
To this purpose, we pledge our lives, our liberty, and our sacred honor;
and we ordain and establish this constitution for the American Reform
Party.
The name of this organization shall be the American Reform Party of the United
States of America, herein known as the "national party."
The object of the national party shall be to establish and function as a
national political party in accordance with Federal Election Commission
regulations.
Section 1. Existence. There shall be a national
convention.
Section 2. Responsibilities, Duties, and Powers.
The national convention shall be responsible for providing the governance
of the national party, and providing for the fulfillment of the national
party's object. The national convention shall: a) adopt a national
party platform by a two-thirds vote of the national convention; b) in appropriate
years, nominate and/or endorse a candidate for the office of President of
the United States, and nominate and/or endorse a candidate for the office
of Vice President of the United States, and c) take other actions as appropriate
and necessary for the successful operation of the national party. The
national convention shall be the supreme governing body of the national party,
having all power and authority over the affairs of the national party, subject
only to the provisions of this constitution and the bylaws.
Section 3. Composition. The national convention
shall be composed of delegates, and of convention officers elected by the
delegates in accordance with the standing rules of the convention and the
parliamentary authority.
Subdivision 1. Delegates. There shall be two delegates
and two alternate delegates for each affiliated state. Those selected
as delegates or alternate delegates are to be determined by the affiliated
state party organization rules.
Subdivision 2. Delegate Eligibility. For a person
to be eligible to be a state delegate or alternate state delegate, the person
shall be a member of his or her affiliated state party organization, as
determined by the rules of his or her state party organization, and shall
be a legal resident of the U.S. state for which he or she is a delegate or
alternate delegate.
Subdivision 3. Delegate Vacancies. Except as provided
in Article III, Section 5, the filling of state delegate vacancies and alternate
state delegate vacancies shall be the sole responsibility of the state party
organization in which such vacancies exist, subject to the provisions of
this constitution and the bylaws.
Section 4. National Convention Sessions, Quorum, and
Notice.
Subdivision 1. Regular Sessions. There shall be
regular sessions of the national convention. A regular session of the
national convention shall be called once in each calendar year. The
date(s) and location of each regular session shall be set by a majority vote
of the national committee.
Subdivision 2. Special Sessions. In addition to
regular sessions, there may be special sessions of the national
convention. A special session of the national convention may be called
by a majority vote of the national committee. The date(s), and location,
of each special session shall be set by the national committee.
Subdivision 3. Quorum. The quorum for each regular
or special session of the national convention shall be one-half of the delegates
in attendance, exclusive of non-seated alternate delegates. Seated
alternate delegates, as provided in Article III, Section 5, shall be counted
for purposes of quorum.
Subdivision 4. Notice. Previous notice of each
regular and special session shall be given in writing, by means of a convention
call. The call to a regular session of the national convention shall:
a) be mailed by the national party secretary to each affiliated state party
organization chairperson, each delegate of record, and each alternate delegate
of record, not less than twenty days before the day the convention will be
called to order; b) specify the date, hour, place, and proposed agenda of
the session, and c) may contain other information and/or enclosures as may
be provided by this constitution, the bylaws, and/or the directives of the
national committee or executive committee.
Section 5. Delegate Votes. Only delegates that
are properly registered, credentialed, and seated at a session of the national
convention shall be eligible to vote at that session. There shall be
no assigning of proxy votes or voting by proxy. No person shall hold
more than one delegate seat. Each delegate shall have one and only
one vote. No alternate delegate shall have a vote, except that in the
absence of a state delegate, that delegate's alternate may be seated as a
voting delegate in place of the absent delegate.
Section 6. Record of Convention Proceedings. Each
session of the national convention shall provide for the keeping of session
minutes. The minutes and resolutions of each session of the national
convention shall be recorded in writing, filed with national party secretary,
and distributed to the chairperson of each affiliated state party
organization. The minutes shall also be made available to each delegate
upon request, and to members of the general public. The national party
secretary may impose fees upon requesting individuals for the minutes, but
such fees shall not exceed the actual cost of publishing and distributing
the minutes. Such fees shall be payable to the national party and submitted
to the national party treasurer.
Section 7. Nomination and/or Endorsement Of
Candidates. In presidential election years, the national convention
shall nominate and/or endorse one candidate for President of the United States
and one candidate for Vice President of the United States. The nominating
and/or endorsing procedures shall be such as are provided in this constitution,
and such as may be further provided in the bylaws and in the standing rules
of the national convention. In a case where a nomination and/or endorsement
is granted and the candidate relinquishes his or her nomination and/or
endorsement, or the candidate withdraws from the race, dies, or becomes
incapacitated, the national committee may grant national party nomination/and
or endorsement to another candidate.
Subdivision 1. Nomination of president and vice
president.
The names(s) of candidate(s) may be submitted to the National Committee's
chairperson through the Presidential Search Committee 30 days prior to the
National Convention. The National Committee's secretary shall submit the
name(s) to the American Reform Party and affiliated party's respective state
chairpersons with recommendations, if any.
Convention delegates may make nominations from the floor of the convention
as per rules adopted at the convention. To place a candidate's name in nomination
from the floor it shall require a ten percent favorable vote of the seated
delegates for the prospective candidate's name to placed in nomination.
Convention delegates shall vote on candidates from the floor of the convention
as per rules adopted at the convention. It shall require a majority favorable
vote to win nomination. The vote shall be by open ballot and runoff(s) shall
be held the same day.
The name of the vice presidential candidate shall be announced by the
presidential nominee no later than __ hours after the presidential nominee
has been chosen. The vote shall be by open ballot and require a majority
favorable vote.
Section 8. Party Leadership Eligibility Affected By Candidate
Relationships. No person who is a presidential or vice-presidential
candidate, presidential or vice-presidential candidate campaign staff member
(paid or unpaid), or an employee or family relative of any presidential or
vice-presidential candidate, shall be eligible to serve on any national party
committee, or in any national party office, except the office of state delegate
or alternate state. Where a person is currently seated on any national
party committee or in a national party office, and such a relationship develops
with that person and a presidential or vice presidential candidate, that
person's committee seat or party office shall be automatically deemed vacant
on the day such a relationship develops.
Section 1. Existence. There shall be a national
committee.
Section 2. Responsibilities, Duties, and Powers.
The national committee shall be responsible for conducting the business and
affairs of the national party between sessions of the national convention.
The national committee shall: a) by two-thirds vote, adopt and amend the
national party bylaws as it deems appropriate, and b) take other actions
that are appropriate and necessary to carry on the successful operation of
the national party, subject to the provisions of this constitution and the
bylaws. The national committee shall be the second-highest governing
body of the national party, subordinate to the national convention.
Section 3. Composition. The national committee
shall be composed of: a) each member of the executive committee, and b) two
representatives of each affiliated state party organization, who are selected
in accordance with the rules of their state party organizations, and are
so registered with the national party secretary. The national party
officers shall serve as the officers of the national committee.
Section 4. Meetings. The national committee shall
meet at least once in each calendar year, and may meet more often.
A national committee meeting may be called by the national party chairperson,
or by a petition signed by one-third of all national committee members.
Such a petition shall be submitted to the national party secretary and shall
specify the date(s), location, and proposed agenda of the meeting being
called. Written notice of each national committee meeting shall be
mailed to each national committee member by the national party secretary
at least twenty days before the day the meeting will come to order.
The proposed agenda of each national committee meeting shall be included
with the meeting notice. The quorum for each meeting of the national
committee shall be the majority of all national committee members.
Section 1. Existence. There shall be an executive
committee.
Section 2. Responsibilities, Duties, and Powers.
The executive committee shall be responsible for conducting the day-to-day
business of the national party between meetings of the national committee.
The executive committee shall: a) coordinate the activities of the standing
committees and special committees so as to maximize the efficiency, resources,
and effect of those committees; b) provide the resources and administrative
support the national convention and national committee require for their
operation; c) provide for the safety and maintenance of all national party
lists, books, and records if the office of national party secretary or national
party treasurer is vacant; and d) take other actions that are appropriate
and necessary to carry on the successful operation of the national party,
subject to the provisions of this constitution and the bylaws. The
executive committee shall be the third-highest ranking governing body of
the national party, subordinate to the national committee and the national
convention.
Section 3. Composition. The executive committee
shall be composed of the national party officers and the chairperson of each
standing committee. The national party officers shall serve as the
officers of the executive committee.
Section 4. Meetings. The executive committee shall
meet as often as is necessary to conduct its business. Executive committee
meetings may be called by the national party chairperson, by a majority of
the national party officers, or by petition of one-third of the executive
committee members. Such a petition shall be submitted to the national
party secretary and shall specify the date(s) and location of the meeting
being called. Previous notice of each executive committee meeting shall
be mailed to each executive committee member at least ten days before the
day the meeting will be called to order. The proposed agenda of each
executive committee meeting shall be included with the meeting notice.
The proposed agenda for each executive committee meeting shall be prepared
by the chairperson, officers, or executive committee members calling the
meeting. The quorum for each meeting of the executive committee shall
be the majority of all executive committee members.
Section 1. Existence. There shall be standing
committees. The number, name, and purposes of the standing committees
shall be such as may be provided in the bylaws.
Section 2. Responsibilities, Duties, and Powers.
The responsibilities, duties, and powers of each standing committee shall
be such as may be provided in the bylaws. Each standing committee shall
report to and be subordinate to the executive committee, national committee
and national convention. No standing committee shall be deemed to be
of higher rank than any other standing committee. Each standing committee
shall have certain advisory and/or administrative responsibilities, but no
standing committee shall have national party rule-making or policy-making
powers that extend beyond the standing committee itself. Where a standing
committee determines that certain party rules, party policies, public policies,
and/or party actions are in the best interests of the national party, that
committee shall recommend those rules, policies, and/or actions to the executive
committee, national committee, and/or the national convention as
appropriate.
Section 3. Composition. Each standing committee
shall have a chairperson, vice chairperson, and secretary. Each standing
committee chairperson shall be elected to an indefinite term of office by
a majority vote of the national committee. A standing committee chairperson
may be removed without notice, and with or without cause, by majority vote
of the national committee. Each standing committee member, including
the standing committee vice chair and standing committee secretary, shall
be appointed by and shall serve at the pleasure of his or her standing committee
chairperson. No more than one-fourth of the members of a standing committee
shall be members of the same state party organization.
Section 4. Standing Committee Chairs Seated On Executive
Committee. Each standing committee chairperson shall be a member
of the executive committee by virtue of his or her standing committee
office. Where a standing committee chairperson is unavailable, the
standing committee officers shall serve on the executive committee in their
standing committee chairperson's place according to their order of
succession.
There shall be special committees. The existence, purpose, structure,
duration, duties, responsibilities, and powers of each special committee
shall be such as may be provided in the bylaws, or as may be provided by
resolution of the executive committee, subject to the bylaws. No special
committee shall be deemed to be of higher rank than any standing
committee. Each special committee shall be deemed to be of equal rank
to all other special committees. No special committee shall exist for
more than six consecutive months without being specifically re-established
by proper action of an entity that is empowered to establish a special
committee. A special committee may also be known as a research committee,
task force, investigating committee, or other such name that describes the
special committee's purpose.
Section 1. Existence. There shall be six national
party officers. The national party officers shall be the chairperson,
vice chairperson, secretary, deputy secretary, treasurer and deputy
treasurer.
Section 2. Responsibilities, Duties, and Powers.
The responsibilities, duties, and powers of the national party officers shall
be such as are provided in this constitution, the bylaws, and the parliamentary
authority. Each national party officer shall report to the executive
committee, national committee, and national convention. Each national
party officer shall be subject to the proper actions and directives of those
entities, and to the provisions of this constitution and the bylaws.
No national party officer shall have any duties, responsibilities, or powers
that are not explicitly and specifically stated in this constitution, the
bylaws, or the parliamentary authority, or in any standing rules, special
rules, resolutions or directives that may be properly adopted or issued by
a national party entity.
Section 3. Election and Term of Office. Each national
party officer shall be elected by majority vote of the national
convention. National officer elections shall be held at each
odd-numbered-calendar-year regular session of the national convention.
The national party officer term of office shall begin thirty days after the
adjournment of the odd-numbered-calendar-year regular convention, and shall
continue through the twenty-ninth day following the adjournment of the subsequent
odd-numbered-calendar-year regular convention. No person shall serve
in the same national party officer seat for more than for more than six
consecutive terms.
Section 4. Removal of National Officers. A national
party officer may be removed from office, without notice, and with or without
cause, by a two-thirds roll call vote of the national committee, or by a
majority vote of the national convention.
Section 5. Vacancies. National party officer vacancies
shall be filled by majority vote of the national convention. National
officer vacancies may be temporarily filled by majority vote of the national
committee. Each person elected as a temporary national party officer
shall be so seated until the office in question is filled by majority vote
the national convention, at which time the temporary officer shall immediately
and automatically yield the office to his or her successor.
Section 6. Ex-Officio Status of the National Party
Chairperson. The national party chairperson shall be an ex-officio
member, as defined by the parliamentary authority, of all national party
committees, except any nominations committee(s), special or standing, that
may be established.
Section 1. Existence and Recognition. There shall
be affiliated state party organizations. Each affiliated state party
organization shall be known as an affiliated state party organization by
virtue of being formally recognized as such by a two-thirds vote of the national
committee. No more than one affiliated state party organization shall
be recognized in each state. Requests for such recognition shall be
made by the appropriate state party organization official and addressed to
the national party chairperson. Recognition as a state party organization
may be revoked without notice, and with or without cause, by a two-thirds
vote of the national committee. In national committee votes on the
recognition or removal of state party organizations, a two-thirds vote shall
be two-thirds of all national committee members, regardless of attendance
at the meetings at which such votes are taken. After December 31, 1999,
no state party organization shall be eligible to be recognized as an affiliated
state party organization, that is affiliated with any national political
party or organization purporting to be a national political party, other
than the national political party established by this constitution.
Section 2. Responsibilities, Duties, and Powers.
Each affiliated state party organization shall be responsible, in its state,
for conducting all state-level party business, and providing for the successful
operation of a major state political party, that is in keeping with the
principles and object of the national party. Each affiliated state
party organization shall be solely responsible, in its state, for adopting
its state party platform, nominating and/or endorsing candidates for public
office, and electing party officials, as provided in the affiliated state
party organization's own rules.
Section 3. Eligibility. To be eligible for recognition
as an affiliated state party organization, a state party organization must
exist for the purpose of establishing itself and conducting itself as a major
political party in its state, and must have completed, or must be in the
process of completing, the following organizing milestones: a) democratically
call and conduct a statewide caucus or convention, in accordance with the
parliamentary authority, that adopts its state party constitution and/or
bylaws (a/k/a articles, rules, charter, in some states); and b) elect state
party leaders as provided in that constitution and/or bylaws.
Section 4. District of Columbia Deemed A State.
For the purposes of recognition as an affiliated state party organization
and participation in all national party activities, the District of Columbia
shall be considered to be a state, having one state.
Section 5. State Party Requirements For Continuing
Recognition. Each state party organization shall, as a condition
of continuing recognition as an affiliated state party organization, meet
such attendance, participation, and financial requirements as may be provided
in the bylaws. Any such requirements that apply to one affiliated state
party organization shall apply similarly and equally to all other affiliated
state party organizations.
Section 1. Generally Accepted Accounting Principles.
All financial and budget reports, given or approved by any national party
entity or official shall be prepared and presented in keeping with generally
accepted accounting principles.
Section 2. Dues and Fees. No dues, fees, or financial
assessments shall be required or implemented which are not explicitly and
specifically provided for in this constitution, the bylaws, or by proper
action of the executive committee.
Section 3. Open Meetings and Books. All conventions
and meetings of all national party entities, and the approved minutes of
such conventions and meetings, including financial reports, shall be open
to the public and to public inspection; except executive sessions and the
minutes of executive sessions, as are defined and provided in the parliamentary
authority.
Section 4. Proxy Voting Prohibited. There shall
be no proxy voting or voting by proxy in any national party convention, meeting,
or vote by mail.
Section 5. Vote By Mail Procedures. Votes by mail
may be conducted by any national party committee. Vote by mail procedures
shall be such as are provided in this constitution and as may be further
provided in the bylaws. No vote by mail shall be conducted by secret
ballot. Each vote by mail shall be an item of public record.
Each vote by mail shall be tallied by a roll call vote. In a vote by
mail, a majority vote shall be the majority of all possible votes, regardless
of the number of ballots actually cast. No vote by mail shall substitute
for or fulfill any meeting requirement any committee has under this constitution
or under the bylaws. A committee vote by mail may be authorized by
the committee chairperson. When so authorized, the vote by mail will
be conducted by the committee secretary. Where a committee has no
secretary, the committee chairperson shall appoint a committee secretary
pro tem for the purpose of conducting the vote by mail.
Section 6. Definitions: Certain words used in this
constitution and in national party operations are defined as follows:
a) The words "mail" or "mailed" shall mean delivery of written party information
via the First Class Mail service of the United States Postal Service, or
via a delivery service or means that is as reliable or more reliable, and
is as fast or faster than that of the First Class Mail service of the United
States Postal Service. Such delivery services or means may include
fax or e-mail, provided that both the sender and the recipient of the faxed
or e-mailed information agree to the use of fax or e-mail for the delivery
of official party information.
b) The words "proper" or "properly" shall mean in keeping with all applicable
provisions of this constitution, the bylaws and the parliamentary authority,
and in accordance with any special rules, standing rules, resolutions, and/or
directives a national party entity may properly adopt or issue.
c) The words "meet" or "meeting" shall be deemed to include meeting by
teleconference, video conference, computer conference, Internet meeting,
or other means that provide real-time, direct interaction by the participants,
for which: a) proper meeting notice is given, b) official minutes are taken
that document meeting attendance and all actions taken, c) all eligible meeting
members have equal access to the technology and devices that will be used
to conduct the meeting, and d) provisions are made for the meeting to be
open to the public via the same technology and devices.
Section 7. Honors. Honorary national party titles
or positions may be conferred upon individuals by resolution of the national
convention.
Section 8. Severability. The provisions of this
constitution and the provisions of the bylaws shall be severable and separately
enforceable. Should any particular provision of this constitution or
the bylaws be invalidated or declared void by proper authority, all other
provisions of this constitution and all other provisions of the bylaws shall
remain in full force and effect.
Section 9. Adherence To Law. The interpretation,
meaning and effect to be given the provisions of this constitution and the
bylaws shall not be inconsistent with federal and state law.
Section 1. Existence. There shall be national party
bylaws.
Section 2. Rank and Scope. The provisions of the
bylaws shall be subject to the provisions of this constitution. In
a case where a provision or provisions of the bylaws conflict with a provision
or provisions of this constitution, the provision or provisions of this
constitution shall prevail and the provision or provisions of the bylaws
which so conflict shall be deemed null and void.
Section 3. Amendment of Bylaws. The bylaws may
be adopted, amended, or rescinded by a two-thirds vote of the national committee
or national convention. A national committee or national convention
vote to amend the bylaws shall not be valid unless a precise written copy
of the proposed amendment is included with the call or notice for the session
of the convention or meeting at which the amendment will be
proposed.
The parliamentary authority of the national party shall be the current edition
of The Scott, Foresman Robert's Rules of Order Newly Revised, which shall
govern the national party in all cases to which they are applicable and in
which they are not inconsistent with this constitution, the bylaws and any
special rules or standing rules the national party may adopt.
This constitution may be amended at any session of the national convention
by a two-thirds vote of the convention, provided that previous notice and
a precise written copy of the motion to amend this constitution is included
in the call to the session of the convention at which the proposed amendment(s)
will be put to a vote.
XIV: Article XIV, Section 1, Effective Dates. The amendment shall take effect immediately and remain in effect until Jan. 1, 2001, at which time it shall expire and be removed from this constitution.
Section 2. Amending While This Article Is In Effect. Article XIII, entitled "Amendment" and Article XI, Section 3, entitled "Amendment of Bylaws" shall not be in effect. This constitution or the bylaws may be amended by a majority vote of the National Convention or the National Committee, as appropriate, provided that previous notice and a precise written copy of the motion to amend this constitution or bylaws is included in the call to the session of the convention or notice of the National Committee meeting at which the proposed amendment(s) will be put to a vote.
Section 3. National Conventions. These shall not be required to be held before 1999."
ARTICLE I Name
To be defined in later bylaw versions.
These bylaws, maintained by the national committee, supplement the constitution, maintained by the national convention.
ARTICLE III-V
These articles to be defined in later bylaw versions.
ARTICLE VI Standing Committees
Section 1. There shall be two standing committees. The two standing committees are Outreach and Communications.
Section 2. Each standing committee chair shall be elected by the national committee. Each standing committee shall have a vice-chair and secretary appointed by the chair of the standing committee. The members and any additional officers of each standing committee shall be appointed by the chair of such standing committee.
Section 3. Each standing committee shall be subject to the provisions of the ARP Constitution, the provisions of these bylaws, the proper directives of the executive committee and national committee, and proper actions of the national convention. Each standing committee shall report to the executive committee, to the national committee, and to the national convention.
Section 4. Each standing committee shall meet as necessary to conduct the required business of their committee. Standing committee meetings may be called upon action of the standing committee chair or upon action of one-fourth of the standing committee members. Standing committees may conduct business in person, by mail, teleconference or other electronic media. Each standing committee may adopt such rules of operation as the standing committee members deem necessary to conduct committee business.
ARTICLE VI.1 Outreach Committee
The Outreach Committee shall be responsible for: developing new contacts; developing and implementing strategies to build and maintain the party as a major national political party; working with the various state contacts and organizations to build and maintain the party as a major political party within each state. The committee shall also obey the common standing committee commands specified in Article VI.
ARTICLE VI.2 Communications Committee
The Communications Committee shall be responsible for: developing and implementing plans to keep party members informed on various public and internal party issues; developing internal party communications links between the various committees and various state party organizations; exploring and utilizing the medium of the Internet for such communications. The committee shall also obey the common standing committee commands specified in Article VI.
ARTICLE VII-XI
These articles to be defined in later bylaw versions.
ARTICLE XII Parliamentary Authority
As stated in the constitution, the current edition of The Scott, Foresman Robert's Rules of Order Newly Revised shall be the parliamentary authority for committees.
ARTICLE XIII Amendment
Constitution article XI governs amendment of bylaws.
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