Bylaws Proposal

The Constitution and Bylaws Committee was formed following the 2007 LPO Convention. The purpose of this committee was to investigate how the LPO could be structured to become more effective and prepared for growth. This page contains the Bylaws that are being submitted by this committee for adoption by the members of the LPO, in conjunction with a new Constitution.

This is proposal number 2008-B1. This proposal shall be considered as a package with proposal 2008-C1.

Bylaw A - Membership

Section 1. Membership in the Party shall consist of registered voters who participate in the Libertarian Primary.

Section 2. In the event the Secretary of State denies ballot access as a recognized party, membership in the Party shall consist of residents of Ohio who demonstrate an interest in the state or national party, and have affirmed the pledge as “I hereby certify that I do not believe in or advocate the initiation of force as a means of achieving political or social goals.”

Bylaw B - Central Committee

Section 1. In matters of elections to the state 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 man and one woman shall be elected from each U.S. Congressional district in the state to serve on the Central Committee for a term of two years in accordance with section 3517.03 of the Ohio Revised Code.

B. All committee members must reside in the district from which they are elected.

Section 2. In the event the Secretary of State denies ballot access as a recognized party, Central Committee elections shall take place in each U.S. Congressional District, at a time and place agreed upon by the outgoing representatives of the district and certified to the Central Committee.

A. Elections shall be held in even-numbered years in the same month as the official state primary election.

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 each District 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 District shall be eligible to vote for Central Committee members for that District.

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 and forwarded to the Executive Committee Secretary no later than five business days after the last day of the month of the official primary election. Included with the results shall be a list of members who voted at each election. The Executive Committee Secretary shall certify and communicate the results to the members of the Party by reasonable and common methods by the 10th day of the month following the election.

Section 3. Each newly elected Central Committee shall, within fifteen days of certification of the elections, meet 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. Each newly elected Central Committee shall, at their organizational meeting, elect from the Party membership such officers to the Executive Committee as are provided for in Article V, Section 1. Then it shall elect from its own number three at-large members to the Executive Committee

A. The Central Committee shall confer upon the Executive Committee all its duties and responsibilities as permitted in the Party Constitution. 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.

Section 5. In the event of a vacancy on the Central Committee caused by death, resignation, failure to elect, or removal from the district from which a committee member was chosen, the vacancy may be filled by a majority vote of the remaining members of the Central Committee without regard to gender. (3517.05 of the Ohio Revised Code)

Section 6. Quorum shall consist of a majority of the filled positions of the Central Committee. Special quorums may conduct business not requiring a vote.

Section 7. The Central Committee shall meet at least twice each year.

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 8. 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 elections for officers and replacement of statewide candidates after a primary election as required by section 3513.31 of the Ohio Revised Code.

Bylaw C - Executive Committee

Section 1. The Chair of the Executive Committee shall have the following duties, responsibilities, and restrictions:

A. Maintain and direct the operation of a party headquarters within 50 miles of the state capitol building.

B. At the discretion of the Chair, issues not affecting financial transactions may be decided by electronic voting or email. Any such decisions may be overturned at the next meeting.

C. Create committees and appoint individuals as may be necessary.

D. Establishing the date, time, location, and agenda of all Executive Committee meetings. The agenda shall be distributed at least seven days prior to the meeting date.

E. Perform all other duties prescribed by statute or usually exercised by the Chair and not inconsistent with the Constitution and Bylaws of the Party.

Section 2. 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 a new Chair is elected and qualified.

B. Learn the duties of and assist the Chair as designated by the Chair.

Section 3. 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 Executive Committee.

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, as adopted by a majority of the Executive Committee.

F. File with the Ohio Secretary of State a copy of the Party Constitution and Bylaws within thirty days of adoption or amendment as required by section 3517.02 of the Ohio Revised Code.

G. File with the Ohio Secretary of State a list of members of the Central Committee and Executive Committee within thirty days of their election or appointment as required by section 3517.02 of the Ohio Revised Code.

H. Perform all other duties prescribed by statute or usually exercised by the Secretary and not inconsistent with the Constitution and 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 a new Secretary is elected and qualified.

Section 4. 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 and state level.

E. File the proper forms to all applicable regulatory agencies at the federal and state 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 and state 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 with the Ohio Secretary of State.

I. Perform all other duties prescribed by statute or usually exercised by the Treasurer and not inconsistent with the Constitution and Bylaws of the Party.

J. The Treasurer may appoint a deputy Treasurer and assistant Treasurers to assist with such duties as assigned by the Treasurer.

K. 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 a new Treasurer is elected and qualified.

L. The Treasurer and Deputy Treasurer shall not be permitted to serve on the Audit Committee.

Section 5. 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 6. Quorum shall consist of 60% of the Executive Committee. Special quorum shall not be allowed.

Bylaw D - Budgets and Expenses

Section 1. The Party shall have an annual budget, fixed to the calendar year, which shall be approved by the Executive Committee and available to any member who requests.

Section 2. All expenses must be approved by the Executive Committee.

A. Expenses outlined in an annual budget and approved by the Executive Committee shall be considered approved expenses, provided that actual costs are at or lower than the budgeted amount.

B. All expenses not outlined in the budget or expenses in excess of the budgeted amount shall require a majority vote of the Executive Committee for approval.

Section 3. The Executive Committee may incur debt with term of no more than 4 years pursuant to Article V, Section 5A of the Party Constitution.

A. Exception can be made for debt incurred for the purchase of real property.

B. Any debt incurred must have a pre-defined rate of interest and terms of payment.

C. The total non-mortgage debt for the Party may not exceed $5,000 at any one time, including interest and past salary obligations.

Bylaw E - 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 period of not less than two years, or for a duration set by the Central Committee at the time of the removal.

E The majority of delegates at a Convention may reduce the time period an officer has been prohibited from serving, provided that the removal period be shortened to no less than three months.

Bylaw F - Conventions

Section 1. The Party shall hold a regular Convention in even-numbered years, the date and site selected by the Central Committee.

A. The Convention shall be held after the primary election and before July 1^st.

B. At such Convention, the Platform of the Party shall be formulated and adopted. The Convention may also consider such other business as the delegates may deem appropriate.

C. The Central Committee shall appoint from the delegates the Convention Chair.

1. The Convention Chair shall appoint from the delegates the various Convention committees as necessary, including but not limited to Credentials, Platform, and National Convention Committees. These Committees shall have such functions and duties as prescribed by the Standing Rules of the Party and by the Convention Chair.

Section 2. Delegates to the regular Convention will be as follows pursuant to Revised Code section 3513.11:

A. Candidates for election to state offices, except judicial offices

B. Candidate for election to the United States Senate

C. Candidates for election to the United States House of Representatives

D. Candidates to the Ohio General Assembly

E. Incumbent Libertarians for any of the above offices in years when there is no election for a successor to be held

E. Members of the State Central Committee

F. Members of the State Executive Committee

G. Chairs of affiliated County Central Committees

H. Chairs of affiliated County Executive Committees

I. Up to 500 additional delegates, apportioned among the several counties in proportion to the most recent vote for the Party’s governor candidate

Section 3 - The Executive Committee shall inform the Central Committee and the several County Central Committees of the number of delegates apportioned to each county pursuant to section 3513.11 of the Ohio Revised Code and Article VII, Section 3 of the Constitution.
A. County committees may certify their apportioned delegates to the Central Committee Secretary no later than 20 days prior to Convention.

Section 4. A notice of no less than thirty days shall be given for all conventions by reasonable and common methods.

Section 5. The Central Committee Chair and the Convention Chair may establish, with guidance from the Executive Committee, such registration and attendance fees as may be required. These fees shall be established no later than 120 days prior to a Regular Convention and no later than 30 days prior to a Special Convention.

Bylaw G - Party Logo and Brand

Section 1. The Executive Committee of the Party shall approve the use of a Party logo and brand. The official logo and its’ variations will be kept by the state Secretary as pursuant to Bylaw C, Section 3D of these Bylaws.

A. The Libertarian National Committee shall be consulted and given opportunity to review the Party logo before final approval by the Executive Committee.

Section 2. The approved Party logo and brand shall be used on all Party, Party subdivision, and Party affiliated organization communications and other materials where deemed appropriate. This includes, but is not limited to websites, advertising, letterhead, outreach materials, communication, and by individuals acting on behalf of the Party.

A. Previously approved Party logos may continue to be used, until supplies are exhausted.

B. Electronic logos and branding must be updated within thirty days of the approval of a new logo and brand.

Section 3. Affiliated County Central Committees may freely adopt the Party logo and brand.

A. Variations of the Party logo must be approved by the state Executive Committee.

B. Use of a county logo, similar in design and content to the Party’s logo, must be submitted to the Executive Committee for approval.

Section 4. Nonaffiliated counties attempting to organize must use the approved Party logo and brand.

Section 5. Outside organizations, groups, candidates, and individuals must receive written permission from the Executive Committee prior to using the Party logo or any variation thereof.

Section 6. County logos approved after August 2007 and prior to the adoption of these Bylaws may continue to be used in unaffiliated counties.

Bylaw H - 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.

Bylaw I - County Development

Section 1. In each nonaffiliated county, the Executive Committee may charter a County Development Group.

A. The Chair of the Executive Committee of the Party shall nominate a member or group of members in each nonaffiliated county. These members shall be approved by the Executive Committee and shall serve as the County Development Group of that County.

B. The Executive Committee shall appoint one member of the County Development Group to serve as the County Coordinator and primary contact within the county.

C. The County Coordinator shall work with direction from the Executive Committee and shall, from time to time, provide an update to that body as requested.

D. The members of each County Development Group shall work to connect with other Libertarians within their county through outreach events, membership development, and election activities. Each County Development Group shall work towards developing into an affiliated county.

Section 2. Upon becoming an affiliated county, all County Development Group and County Coordinator appointments in a county shall automatically be ended.

Bylaw J - 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 or the Libertarian Party of the United States of America.

Section 2. The Party shall not endorse a nominee for the Libertarian Party presidential race prior to the Regular Convention held in presidential years.

A. The delegates to such a Convention may endorse a nominee for the Libertarian Party presidential race.

Bylaw K - 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.

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