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MCLP Bylaws

CONTINUING BYLAWS OF THE MARICOPA COUNTY LIBERTARIAN COMMITTEE

Amended December 2020

Definitions:

County Committee: Maricopa County Committee of the Arizona Libertarian Party.

ARTICLE I. OFFICERS

Section 1: Elected Officers

A) Composition:

The officers of the County Committee are defined and shall be elected as specified by Arizona Revised Statutes; to wit, the officers of the County Committee shall be: 1) the Chair, 2) the First Vice-Chair, 3) the Second Vice-Chair, 4) the Secretary, and 5) the Treasurer. All officers shall take office immediately upon election.

B) Acting Officers:
If the Maricopa County Chair is temporarily absent or the position of Chair becomes permanently vacant, the First Vice-Chair (followed, if necessary, by the Second Vice-Chair, Secretary, and Treasurer, in that order) shall assume, as acting Chair, the duties of Chair. Upon return from any temporary absence, the Maricopa County Chair shall automatically re-assume the duties of Chair. If no officer is available, the Chair of the State Committee of the Arizona Libertarian Party shall appoint a precinct committeeman who resides within Maricopa County as acting Chair to assume the duties of Chair until at least one elected officer is available.

C) Removal of Officers: 

The County Committee may remove any officer of the County Committee from office for misfeasance, malfeasance, or nonfeasance of duty. Removing any County Committee officer shall require at least a two-thirds vote of the Maricopa County Precinct Committeemen voting at a County Committee meeting. However, before a vote is taken to remove an officer from office, the disciplinary procedures chapters of Robert’s Rules of Order, Newly Revised shall be followed in order to examine whether an officer of the County Committee has been derelict in their duty.

D) Vacancies: 

If any County Committee office becomes permanently vacant after the position was filled, the Maricopa County Chair or acting Chair shall cause notice to be made to all Maricopa County Precinct Committeemen within 14 days of such vacancy and shall seek nominations for the position If the position of Chair is vacated, the procedure by Bylaw 6 shall be followed to establish an acting Chair until a new Maricopa County Chair is duly elected. All Maricopa County Precinct Committeemen are eligible to run for any vacancy. The Maricopa County Chair or acting Chair shall cause a County Committee meeting to be held no earlier than 21 days after the notification of the vacancy and no later than 35 days after such notification for the purpose of electing a replacement officer. All Maricopa County precinct committeemen are eligible to vote at this County Committee meeting.

Section 2: Duties of Officers 

The duties of the officers of the County Committee shall include but not limited to the following: 1) ensuring that the Libertarian Party has ballot status locally, 2) recruiting Libertarians wishing to seek elective office, 3) registering voters as members of the Libertarian Party, 4) educating the electorate on the virtues of Libertarian principles, and 5) bringing laws into closer agreement with Libertarian principles through the initiative and referendum process, through the legal challenge of unjust laws, and through the persuasion of sitting lawmakers.

Section 3: General Powers of the Officers:

The officers of the County Committee shall manage all affairs of the County Committee, and the officers shall have the power to make contracts and set general policy on behalf of the County Committee. The officers of the County Committee shall have final authority over all County Committee finances. The officers, however, may establish funds available to the Chair and the Treasurer for discretionary expenses. The officers of the County Committee shall fulfill all legal requirements of the State of Arizona, in particular, all requirements currently set out in Title 16 of the Arizona Revised Statutes governing political parties, elections, and campaign finance.

Section 4: Specific Powers of the Officers

A) Chair:

The Maricopa County Char or acting Chair is the Chief Executive Officer of the County Committee. The Chair or acting Chair presides over the meetings of the County Committee Officers, and the Chair or acting Chair presides over the meetings of the entire County Committee. In addition to the powers delegated in Article IV, the Chair or acting Chair shall have the power to form or abolish all other committees, create or abolish other positions, including paid positions, and make all appointments to these committees and positions as needed to carry on the business of the County Committee. The Chair or acting Chair is responsible for overseeing the performance of their appointees, and all committee members, appointees, and employees shall serve at the discretion of the Chair or acting Chair. Furthermore, the Chair or acting Chair, at their discretion, may delegate some of their authority.

B) First Vice-Chair and Second Vice-Chair:

In the absence of the Chair or acting chair, the First Vice-Chair shall preside over the meetings of the officers or the meetings of the entire County Committee. In the simultaneous absence of the Chair or acting Chair, and the First Vice-Chair, the Second Vice-Chair shall preside over the meetings of the officers or the meetings of the entire County Committee.

C) Secretary:

The Secretary shall correspond with other organizations and individuals s needed. The Secretary shall keep all non-financial written records of the County Committee and shall keep and maintain all minutes of meetings of the County Committee Officers and of meetings of the entire County Committee. The Secretary may appoint, as their designated agent, an assistant Secretary who will serve at the Secretary’s discretion.

D) Treasurer:

The Treasurer shall receive all funds and maintain complete and current financial records for the County Committee. The Treasurer shall maintain all legal financial documentation for County Committee and shall file all appropriate Maricopa County, State of Arizona, and Federal documents. As pursuant to Title 16 (16-904) of the Arizona Revised Statutes, no expenditure may be made on behalf of the County Committee without the authorization of the Treasurer of their designated agent. The Treasurer may appoint, as their designated agent, an assistant Treasurer who will serve at the Treasurer’s discretion.

F) Veto and Modifying Power of the Officers:

By a two-thirds vote at a meeting of the officers, the officers of the County Committee may veto or modify any decision that any officer, appointee, committee, or employee has made on behalf of the County Committee.

ARTICLE II. NOMINATIONS, ELECTIONS, AND VOTING

Section 1: Election of State Committeemen

At the statutory organizing meeting of the county committee, state committee members from Maricopa shall be chosen. The number of members elected shall be one for every three members of the county committee, pursuant to section 16-821.

A vacancy in the office of state committeeman shall be filled by appointment made by the state chairman with the advice and consent of the county chairman, pursuant to section 16-825.01.

Section 2: Voting for None of the Above (NOTA)

“None of the Above” also known as “NOTA” shall always be a voting option in elections for officers of the County Committee and in elections for state committeeman. No candidate, including NOTA, may receive more than one vote for an office on a single ballot, regardless of the number of positions being filled for that office. No candidate shall be elected to office who receives the same or fewer votes than NOTA. Such offices are considered held by NOTA, are considered vacant, and can only be filled by a new election.

Section 3: Voting Absentee

In any matter upon which County Committee officers are entitled to vote, anyone eligible to vote may vote absentee prior to or at the meeting at which voting is to occur. An absentee vote may be written or made by telephone or other suitable communication devices, subject to such authentication procedures as are deemed necessary by the Secretary to verify the identity of the person voting.

Section 4: Proxy Voting

Proxy voting is allowed at meetings of the County Committee. Proxy votes shall meet the following requirements: 1) Only a registered Libertarian residing within the precinct of a Maricopa County precinct committeeman may act as a proxy voter for that precinct committeeman. 2) A proxy is only valid for a specific meeting of the County Committee, and that proxy is not valid for any future meetings of the County Committee. 3) Every proxy shall be attested by a notary public or two witnesses. Proxy voting is not allowed at meetings of the County Committee officers.

Section 5: Electronic Mail Ballots

Officers may transact business by electronic mail. The Chair or Secretary shall send out electronic mail ballots on any question co-sponsored by at least 2/5 of the members of the board. The period for voting on a question shall remain open for seven days, unless all members have cast votes, or have stated an intention to abstain or be absent during the voting period. The outcome of each motion shall be announced promptly and recorded in the minutes of the next meeting. The number of votes required for passage of any motion shall be the same as that required during a meeting. Motions dispensed through electronic mail ballots satisfy the requirement of giving previous notice.

ARTICLE III. MEETINGS

Section 1: Meetings of County Committee Officers 

The Chair or acting Chair may convene a meeting of the County Committee officers at any time the Chair or acting Chair so desire. A majority of the Maricopa County Committee officers may also convene a meeting of the County Committee officers.

Section 2: Meetings of the County Committee 

The Chair or acting Chair may convene a meeting of the County Committee at their discretion upon 7 days notice to all Maricopa County Precinct Committee Members. The Chair or acting Chair must cause a general meeting of the County Committee to be convened, within 14 days, upon the request of 50 percent or more of the County Committee officers or 25 percent or more of the Maricopa County Precinct Committeemen.

Section 3: Virtual Meetings 

The County Committee officers may conduct business by teleconference or videoconference. The board shall have power to adopt special rules of order to facilitate the conduct of business by teleconference or videoconference.

Section 4: Quorum

A quorum to do business for County Committee officers shall consist of a simple majority of the number of such officers serving. A quorum for any matter upon which all Maricopa County Precinct Committeemen may vote is defined as 25 percent or more of all Libertarian Precinct Committeemen residing in Maricopa County. These quorum requirements shall not apply to the biannual statutory organizing meeting of the County Committee. A quorum for a biannual statutory organizing meeting shall be the elected Maricopa county precinct commitment attending such a meeting.

ARTICLE IV. SPECIAL, SELECT, OR STANDING COMMITTEES

Section 1: Organizing Committees

The Maricopa County Committee shall establish a District Committee system. The Chair or acting Chair of the County Committee shall have the authority to create and to make appointments to special, select, or standing committees consisting of registered Maricopa  County Libertarian Voters. Such special, select, or standing committees shall serve at the discretion of the Maricopa County Chair or acting Chair.

ARTICLE V. PARLIAMENTARY AUTHORITY

Section 1: Maricopa County Proceedings Rules of Order

The County Committee adopts Robert’s Rules of Order, Newly Revised as the governing parliamentary authority for the County Committee and its officers.

ARTICLE VI. BYLAWS AND ORGANIZING DOCUMENTS

Section 1: Bylaws Changes

Changes to these Bylaws may be proposed by any Maricopa County precinct committeeman and must be ratified by at least a two-thirds vote of the Maricopa County Precinct Committeemen voting at a County Committee meeting in order for such changes to become effective. Upon ratification, such changes shall take effect immediately.

Section 2: Constitution, Bylaws, and Minutes Distribution

A copy of the Maricopa County Committee Constitution, a copy of these Bylaws, or a copy of any minutes shall be provided to any Maricopa County precinct committeeman who requests a copy.

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