By-Laws

Bylaws

of the

Libertarian Party of Greene County

Preamble

We, the Libertarians of the County of Greene, State of Missouri, recognizing the need in this county for an authentic political alternative, and believing in the principles and philosophy of libertarianism, supporting a return to Constitutional government in these United States, Missouri and Greene County, hereby organize and institute the Libertarian Party of Greene County under these bylaws.

ARTICLE 1 — IDENTITY AND PURPOSE

1.1 The name of this organization shall be the ” Libertarian Party of Greene County”, hereinafter referred to as the “LPGC”.
1.2 The purpose of the LPGC shall be the promotion of Libertarian candidates for election to public office and the promotion of libertarian ideas and philosophy; and representing and acting for the county party in the interim between county conventions.
1.3 The LPGC shall be affiliated with the Missouri Libertarian Party and the National Libertarian Party and shall comply with all of the applicable rules and bylaws affecting affiliate parties as promulgated by the Missouri Libertarian Party State & Executive Committees, the Missouri Libertarian Party State Convention, and the Libertarian Party National Committee and the Libertarian Party National Convention.

ARTICLE 2 — PERIOD OF DURATION

2.1 The duration of the Libertarian Party of Greene County shall be perpetual.
2.2 In the event of dissolution of the corporation/organization, any remaining funds will be: returned to donors; given to then current candidates for office; donated to other non-profit organizations; or donated to charity, as determined by the County Committee.

ARTICLE 3 — MEMBERSHIP

3.1 (1) The membership of the county committee of the Libertarian Party of Greene County shall consist of a man and a woman elected from each township or ward in the county.
(2) All county committee members of the Libertarian Party of Greene County, shall be elected committeemen and Committeewomen, shall be voting member of the LPGC and entitled to vote on County Committee business per these by-laws.
(3) No person shall be elected or shall serve as a member of the county committee who is not, for one year next before the person’s election, both a registered voter of and a resident of the county and the committee district from which the person is elected.
3.2 There shall be no filing fee required to file a declaration of candidacy for committeeman or committeewoman, and the declaration of candidacy shall be filed with the Greene County Clerk’s Office not later than 5:00 p.m. on the last Tuesday in March immediately preceding the primary election.
3.3 (1) If two or more qualified persons receive an equal number of votes for county committeeman or committeewoman of the Libertarian Party of Greene County and a higher number of votes than any other qualified person from the party, or if no qualified person is elected county committeeman or committeewoman from a committee district for a party, no election shall be held; and a vacancy shall exist on the county committee which shall be filled by a majority of the committee.
(2) If only one qualified candidate has filed a declaration of candidacy for committeeman or committeewoman in a committee district for a party prior to the deadline established by law, no election shall be held for committeeman or committeewoman in the committee district for that party and the Greene
County Clerk shall certify the qualified candidate in the same manner and at the same time as candidates elected.
(3) Whenever a member of the county committee dies, becomes disabled, resigns, or ceases to be a registered voter of Greene county or the committee district from which he or she is elected, a vacancy shall exist on the committee. A majority of the committee shall elect another person to fill the vacancy who, for one year next before his election, shall have been both a registered voter of and a resident of Greene County and the committee district. The person selected to fill the vacancy shall serve the remainder of the vacated term.
3.4 All certified Committeemen and Committeewomen shall take the oath of office upon taking office as a committee member of the Libertarian Party of Greene County. The oath of office established by these bylaws shall be as follows:
“I,_________________________________, do solemnly swear (or affirm) that I am a registered voter of Greene County, Missouri, that I possess all the qualifications prescribed under RSMo. 115.607; that I will support the Constitution of the United States and of the State of Missouri; and that I will well and faithfully discharge the duties upon which I am about to enter and during such time as I hold the office of Committeeman or Committeewoman, Precinct Number ________”.
“I,_________________________________, hereby certify that I do not believe in or advocate the initiation of force as a means of achieving political or social goals.”
“I am a member of the LIBERTARIAN Party; I have not been a member of any other political party for 365 days before the beginning of qualifying preceding the election for which I seek to qualify; and as a candidate for said office by the county committee of the political party.”
3.5 A person is a recognized member of the LGCP during any calendar year if that person donates $10.00 to the LPGC during the same calendar year. A recognized member is not entitled to vote on LPGC business per these by-laws unless such person also meets the requirements of section 3.1.
(2) A member may be expelled from the organization for violation of the bylaws or for other cause deemed prejudicial to the best interests of the organization, as determined by the County Committee. Only the County Executive Committee may propose the expulsion of a member to the County Committee. Notice that the County Committee will consider expulsion of a member shall be mailed to all of the County Committee members and the member subject to expulsion in writing and at least 30 days prior to the County Committee meeting. At the County Committee meeting, the Chair shall preside over the proceeding to consider expulsion of a member. Expulsion shall be only upon approval of three-quarters of the whole membership.
(2) A member may be expelled from the organization for violation of the bylaws or for other cause deemed prejudicial to the best interests of the organization, as determined by the County Committee. Only the County Executive Committee may propose the expulsion of a member to the County Committee. Notice that the County Committee will consider expulsion of a member shall be mailed to all of the County Committee members and the member subject to expulsion in writing and at least 30 days prior to the County Committee meeting. At the County Committee meeting, the Chair shall preside over the proceeding to consider expulsion of a member. Expulsion shall be only upon approval of three-quarters of the whole membership.
(3) In the event that any committee member is expelled from the County Committee according to section (2) of this article, a vacancy shall exist which shall be filled by a majority of the committee. The committee Chair shall notify the County Clerk of the expulsion and that a vacancy does exist.

ARTICLE 4 — THE COUNTY COMMITTEE

4.1 The County Committee shall be constituted as nearly as feasible in accordance with Missouri statutes.
4.2 The County Committee shall be comprised of all certified libertarian party committeemen and committeewomen in accordance with article 3 of these bylaws.
4.3 The County Committee shall have the authority to pass and amend bylaws, raise money, maintain bank accounts, expend necessary funds raised, form committees, assign duties to County Officers and appoint agents to act on its behalf.
4.4 The County Committee shall meet monthly representing and acting for the county party in the interim between County Conventions.

ARTICLE 5 — COMMITTEE OFFICERS

5.1 The County Committee Officers of the LPGC shall consist of a Chair, Vice Chair, Secretary and Treasurer.
5.2 (1) The County Committee Officers shall be elected at the County Convention in years when a primary election is held on the third Tuesday of August.
(2) The County Committee shall elect a chair and a vice chair, a man and a woman, who are committee members.
(3) The County Committee shall elect a secretary and a treasurer, a man and a woman, who may or may not be members of the committee.
5.3 The county chair and vice chair so elected shall by virtue thereof become members of the Libertarian party congressional, senatorial and judicial committees of the district of which Greene county is a part.
5.4 Duties of the County Committee Chair shall be as follows: (1) To preside at all meetings of the County Committee. (2) To appoint election watchers for each place votes are counted, at each election. (3) To appoint challengers for each polling place, at each election. (4) Shall provide signed official designation forms with the names of the designated challengers and substitutes to the local election authority for confirmation of eligibility to serve as a challenge, at each election. (5) To designate a replacement challenger and provide the local election authority with the name of the replacement challenger before 5:00 p.m. of the Monday preceding the election. The designating chair may substitute challengers at his or her discretion during such hours. (6) To observing the testing of automatic tabulating equipment prior to each election. (7) To act as nominating committee chair. (8) To receive the sample ballots for the County Clerk. (9) To provide a list of persons qualified to serve as election judges to the county clerk, no later than December tenth in each year. (10) Is by virtue thereof member of the Libertarian party congressional, senatorial and judicial committees. (11) To observe the testing of electronic voting machines prior to each election. (12) To prepare an election cycle plan of action for presentation to the County Committee. (13) To prepare an annual budget for presentation to the County Committee. (14) To appoint a Sergeant at Arms. (15) To appoint a webmaster. (16) To serve as ex-officio member of all subcommittees. (17) To sign each warrant for expenditure from the treasury. (18) To keep County Committee members informed of changes or vacancies and serious matters that affect the party in a timely manner.
5.5 Duties of the Vice Chair shall be as follows: (1) The Vice Chairman shall preside over the county committee meetings in the absence of County Chair. (2) In the absence of both the County Chair and Vice Chair, either respectively, may designate another member of the county committee to preside in his place. If the County Chair and Vice Chair have not designated a representative to preside in their place, the committee members shall select from among themselves a temporary chair to preside at such meeting. c. The Vice Chair shall perform such other duties as may be assigned to the Vice Chair by the County Chair. (3) The Vice Chairman shall temporarily perform the duties of the County Chair in the event the County Chair is unable to perform his duties, and provided that the County Committee has approved such assumption of his duties by 2/3 vote. 5.6 Duties of the Secretary shall be as follows: (1) The Secretary shall keep the minutes of all county committee meetings. All records of the Secretary are official records of the county committee. (2) The Secretary shall mail/e-mail the minutes of any regular or special meeting to all county committee members no later than thirty (30) days following the date of each said meeting. (3) May appoint an editor for the newsletter “Southwest Missouri Liberty”. (4) In the event of temporary absence of the Secretary, the County Committee Chairman or presiding officer shall appoint one of the members of the county committee to act as Secretary for that meeting. (5) In the event the Secretary cannot fulfill his duties due to incapacity, death, resignation or removal, the County Committee Chairman shall appoint a temporary Secretary to serve only until the next County Committee Meeting wherein the County Committee shall elect a Secretary to fill the unexpired term.
5.7 Duties of the Treasurer shall be as follows: (1) The Treasurer shall receive all monies and disburse the same. He shall keep proper books of all receipts and disbursements. The Treasurer shall report or have reported to him at each regular and special meeting of the county committee all receipts and disbursements since his preceding report. (2) All records of the Treasurer are official records of the Libertarian Party of Greene County – County Committee and shall be open to inspection by any member of the County Committee at any reasonable time. (3) The Treasurer shall sign all checks for disbursements, but only for adequately documented warrants duly authorized in writing by the County Chairman. He shall bring to the immediate attention of the County Committee repeated requests for undocumented and/or unauthorized expenditures. (4) In the event the Treasurer cannot fulfill his duties due to incapacity, death, resignation or removal, the County Chairman shall appoint a temporary Treasurer to serve only until the next County Committee Meeting wherein the County Committee shall elect a Treasurer to fill the unexpired term. (5) Shall file all necessary reports as required by state law.
5.8 Whenever an officer of any county committee dies, becomes disabled, resigns, or ceases to be a registered voter of or a resident of Greene County, a vacancy shall exist. A majority of the committee shall elect another person to fill the vacancy. The chair and a vice chair shall be committee members. The secretary and the treasurer may or may not be members of the committee. The person selected to fill the vacancy shall serve the remainder of the vacated term.
5.9 The County Committee shall hold at least one meeting every month. The County Chair shall give all members of the County Committee reasonable notice of when and where each meeting is to be held. The County Committee shall establish a time, date, and location for the regular monthly meetings of the county committee.
5.10 Any Committee Officer who does not attend three consecutive regularly-scheduled meetings shall be declaration that they are unable to discharge the powers and duties of their office and a vacancy shall exist which shall be filled by a majority of the county committee in the manner provided in section 5.8 of this article.
5.11 Impeachment charges may be brought against any officer of the County Committee by any member at any regular or special meeting of the County Committee. The charges must show cause for removal from office. The officer so charged shall be given the opportunity to reply to the charges and if not present at the meeting at which charges are made, voting on the question shall be deferred until the next regularly scheduled meeting. In the case the officer so charged is the Chair, then the vice chair will preside over the proceedings. Impeachment shall be only upon approval of two-thirds of the entire County Committee.

ARTICLE 6 — AFFILIATES

6.1 The coalition of county affiliates, hereby referred to as Southwest Missouri Libertarians, of the LPGC shall include all counties within southwest Missouri that have at least one Committeeman or Committeewoman.
6.2 All county affiliate members of Southwest Missouri Libertarians shall be a non-voting at-large Resident Commissioner to the Libertarian Party of Greene County Committee at the county convention held on the third Tuesday of August.
6.3 The County Committee of the Libertarian Party of Greene County shall assist all unorganized county affiliates, who are members of Southwest Missouri Libertarians, with organization and outreach, upon request to the committee and in such manner as the committee shall decide.

ARTICLE 7 — THE USE OF COMMITTEE FUNDS

7.1 The County Committee must approve in advance the expenditure of any funds. The County Committee may, but is not obligated to, reimburse funds expended by a member without prior authorization.
7.2 At each county convention, on the third Tuesday of August, the committee shall present the annual budget to the committee for approval, a two-thirds majority vote shall be required for the proposed budget to be approved.
ARTICLE 8 — THE COUNTY CONVENTION
8.1 The County Convention shall be held annually on the third Tuesday of August. In even-numbered years an Organizing Convention will be held.
8.2 The purpose of the Organizing Convention shall be to amend the LPGC bylaws, amend the County Party Platform, to elect committee officers, to approve the annual budget, to approve the Committee calendar, and any other business as prescribed by these bylaws or as decided by the county committee.
8.3 The purpose of the County Convention held in odd-numbered years shall be to encourage libertarians to run for office, and provide a forum for Libertarians to announce their candidacies, to approve the annual budget, approve the committee calendar, and any other business as prescribed by these bylaws or as decided by the county committee.
8.4 The Committee Officers shall serve as officers of the County Convention.
8.5 Only voting members present on the convention floor may vote.
8.6 County Affiliates which are members of the Southwest Missouri Libertarian Coalition are welcome to hold their county conventions in conjunction with the LPGC.

ARTICLE 9 – NOMINATING COMMITTEE

9.1 The County Committee is the Nominating Committee. The following sections and subsections for the purpose of these bylaws shall apply to Greene County.
9.2 The nominating committee of the Libertarian Party of Greene County may select a Libertarian party candidate for nomination to an office on the primary election ballot in the following cases: (1) If there are no candidates for nomination as the party candidate due to death of all the party’s candidates after 5:00 p.m. on the last day in which a person may file as a candidate for nomination and at or before 5:00 p.m. on the fourth Tuesday prior to the primary election; (2) If there are no candidates for nomination as the Libertarian party candidate due to withdrawal after 5:00 p.m. on the last day in which a person may file as a candidate for nomination and at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office; (3) If there are no candidates for nomination as the party candidate due to death or disqualification of all candidates within seven days prior to the filing deadline and if no person has filed for the party nomination within that time; (4) If there are no candidates for nomination as the Libertarian party candidate due to disqualification of all Libertarian party candidates after 5:00 p.m. on the last day on which a person may file as a candidate for nomination, and at or before 5:00 p.m. on the sixth Tuesday prior to the primary election; (5) If a candidate for the position of Libertarian party committeeman or committeewoman dies or withdraws as provided in subsection 1 or 2 of section 115.359 after the eighth Tuesday prior to the primary election, leaving no candidate.
9.3 The County Committee of the LPGC may select a candidate for nomination, if a candidate who is the incumbent or only candidate dies, is disqualified or withdraws, after 5:00 p.m. on the eighth Tuesday prior to the primary election, and at or before 5:00 p.m. on whatever day is fixed by law as the final date for withdrawing as a candidate for the office.
9.4 The LPGC nominating committee may select a Libertarian candidate for election to an office on the general election ballot in the following cases: (1) If the person nominated as the Libertarian candidate shall die at or before 5:00 p.m. on the fourth Tuesday prior to the general election; (2) If the person nominated as the Libertarian party candidate is disqualified at or before 5:00 p.m. on the sixth Tuesday prior to the general election; (3) If the person nominated as the Libertarian party candidate shall withdraw at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office; (4) If a candidate for nomination to an office in which the person is the Libertarian party’s only candidate dies after 5:00 p.m. on the fourth Tuesday prior to any primary election, withdraws after 5:00 p.m. on the fourth Tuesday prior to any primary election, or is disqualified after 5:00 p.m. on the sixth Tuesday before any primary election.
9.5 If a person nominated as the Libertarian party’s candidate who is unopposed shall die at or before 5:00 p.m. on the fourth Tuesday prior to the general election, is disqualified at or before 5:00 p.m. on the sixth Tuesday prior to the general election, or shall withdraw at or before 5:00 p.m. on whatever day may be fixed by law as the final date for withdrawing as a candidate for the office, the libertarian party of Greene County nominating committee may select a party candidate.
9.6 The LPGC nominating committee may select a Libertarian party candidate for election to an office in the following cases: (1) For an election called to fill a vacancy in an office; (2) For an election held pursuant to Missouri revised statute §105.030, to fill an unexpired term resulting from a vacancy in an office that occurs within fourteen days prior to the filing deadline for the primary election and not later than the eighth Tuesday prior to the general election. If such vacancy occurs prior to the fourteenth day before the filing deadline for a primary election.
9.7 The LPGC nominating committee shall be authorized to select a candidate for nomination or election to office pursuant Missouri revised statute §115.363 shall be one of the following: (1) To select a candidate for county office, the nominating committee shall be the county committee of the Libertarian party; (2) To select a candidate for state representative, the nominating committee shall be the legislative district committee of the Libertarian party; (3) To select a candidate for state senator, the nominating committee shall be the senatorial district committee of the Libertarian party; (4) To select a candidate for circuit court judge not subject to the provisions of article V, section 25 of the Missouri state constitution, the nominating committee shall be the judicial district committee of the Libertarian party; (5) To select a candidate for representative in Congress, the nominating committee shall be the congressional district committee of the Libertarian party; (6) To select a candidate for statewide, the nominating committee shall be the state committee of the Libertarian party.
9.8 After any decennial redistricting, the LPGC nominating committee shall be composed from the new districts, and the new district lines shall be used in the selection of a candidate, provided, however, that members of nominating committees for candidates for special elections to fill vacancies conducted pursuant Missouri revised statute §21.130, shall be from the old districts.
9.9 In the event that the boundaries of a district have been altered, or a new district established for a candidate to be selected by the County committee of the LPGC since the last election in which a libertarian party candidate ran for such office, the members of the nominating committee shall be the members of the various nominating committees for that office, as provided in Missouri revised statute §115.365 who reside within the altered or new district, provided, however, that members of nominating committees for candidates for special elections to fill vacancies conducted pursuant to Missouri revised statute §21.130, shall be from the old districts.
9.10 The chair of the LPGC nominating committee shall, as soon as possible, but in no case later than two weeks after being notified of the vacancy, call a meeting of the nominating committee for the purpose of selecting a candidate to fill the vacancy. The meeting shall be called at a place located in the area the candidate is to represent. If the chair does not call a meeting within the time specified, any member of the nominating committee may do so. The person calling the meeting shall notify each member of the nominating committee of the time and place of the meeting.
9.11 To select a candidate under the Missouri revised statute §115.363, a majority of the members of the nominating committee must be present. A member must be present in person to vote, and a majority vote of the members present shall be sufficient to nominate a candidate. The committee shall have no power to delegate its authority to any other person or group.
9.12 If a member of one nominating committee is a member of one or more additional nominating committees meeting on the same day, the member may, if he or she attends one of the meetings, select a person to participate and vote at each additional meeting in his or her stead.
9.13 Each selection of a candidate made by the LPGC nominating committee pursuant to Missouri revised statute §115.363 shall be certified by the chair or acting chair of the nominating committee and filed with the election official authorized to receive declarations of candidacy for the office, provided that no committee member may act as chair for purposes of certifying his or her own selection as candidate.
9.14 Each selection of a candidate made by the chair of the LPGC nominating committee pursuant to Missouri revised statute §115.375 shall be certified by the chair of the nominating committee and filed in the office of the Greene County Clerk to receive declarations of candidacy for the office. Each such certification shall be subscribed and sworn to by the chair before the Greene County Clerk who shall accept the certification or a notary public and shall be as far as practicable in the form of declaration of Candidacy.
9.15 When submitted for filing, each certification made by the chair or acting chair of the LPGC nominating committee pursuant to this section shall be accompanied by a declaration of candidacy and any filing fee required for the candidate selected by the nominating committee or its chair. The declaration candidacy shall state the candidate’s full name, residence address, office for which such candidate proposes to be a candidate, the party upon whose ticket he or she is to be a candidate and that if nominated and elected he or she will qualify. Each such declaration shall be subscribed and sworn to by the candidate before the election official accepting the certification, a notary public or other officer authorized by law to administer oaths.
9.16 Neither the secretary of state nor any election authority shall accept any certification, declaration of candidacy or filing fee submitted by the chair or acting chair of a party nominating committee after the deadline provided for submitting such certification in Missouri revised statute §115.373 or §115.375. Any selection made by the LPGC nominating committee or by the chair of a party committee which is not made in accordance with Missouri revised statute §115.363 to §115.377 shall be null and void.

ARTICLE 10 — RULES OF PROCEDURE

10.1 The rules governing the conduct of Committee meetings, and the County Convention shall be Robert’s Rules of Order.
10.2 A quorum at County Committee meetings shall exist if 51% of the membership of the committee is present in person or via telecommunications.
10.3 Proxy voting may be allowed by the county committee.

ARTICLE 11 — AMENDMENTS

11.1 Amendments to these bylaws of the County Committee of the Libertarian Party of Greene County should be made by the County Committee at the County Convention and shall require a two-thirds vote of the County Committee members. Amendments shall be given to the Secretary and distributed to the County Committee members 30 days prior to the Convention.

ARTICLE 12 — PARTISAN ELECTION CANDIDATE SELECTION

12.1 Selection of candidates for partisan elective office shall be in accordance with Missouri statutes. Per section 115.357.2 RSMo, the LPGC will allow candidates to submit their filing fee to the election officials of the office of the County Clerk for forwarding to the Party. The officials of the LPGC are not to adopt the common practice of instructing the officials of the County Clerk’s Office not to take candidate filing fees. On the first day of filing in Springfield for the August Primary, no filing fees are to be accepted from any candidate for Commissioner 1st District, Commissioner 2nd District, Sheriff, Assessor, Treasurer, and Public Administrator unless that candidate has e-mailed the County Committee Secretary notice of their intention to run at least two weeks prior. Officials of the LPGC can only accept filing fees or issue a receipt to any candidate who wants their name to appear on our ballot in the August Primary on the first day of filing. Thereafter, election officials of the County Clerk’s office shall collect the filing fees and forward to the Treasurer of the LPGC as 115.357.2 requires to be done promptly. The LPGC has two weeks from the time the filing fees are received to provide a written refusal to the County Clerk, indicating a denial of that candidate to run as a Libertarian. If written refusal is not provided, receipt shall be considered given to the candidate.
13.2 The County Committee may refuse acceptance of a candidates filing fee for a partisan election, thus preventing the candidate from running for partisan elective office on the Libertarian Party ballot as follows: (1) Refusing acceptance of a candidates filing fee shall require approval by two-thirds of the County Committee in attendance and voting. (2) The County Committee has two weeks from close of candidate filing to consider refusing acceptance of a candidate’s filing fee. (3) County Committee members shall be given at least one week notice that a special County Committee meeting is being called to consider motions to refuse acceptance of candidate filing fees and which candidates are to be considered. (4) Candidates subject to consideration by the County Committee for refusal of their candidate filing fee shall be given at least one week notice and invited to participate in the County Committee meeting. (5) The Secretary shall inform the Greene County Clerk and the candidate in writing that the Libertarian Party of Greene County has refused acceptance of the candidate filing fee. (6) The Treasurer shall return any filing fee received to candidates whose filing fee has been refused by the County Committee.
RATIFIED BY THE COUNTY COMMITTEE OF THE GREENE COUNTY LIBERTARIAN PARTY THIS _____ DAY OF _______________, 2018.