BY-LAWS

Constitution Party

of

Idaho

 

 

 

RULES & PROCEDURES

Delegates to National Convention

 

Adopted by State Central Committee September 24, 2015  [Obsolete by State Convention August 4, 2018]

The Constitution Party of Idaho—Regulations [Adopted 24 September 2015]

PURPOSE

Effective July 3, 2015, Idaho Code was amended by Senate Bill 1066 to allow for a statewide, state funded presidential primary to be held the second Tuesday in the month of March in each presidential election year.  To comply with the new election law requirements, and pursuant to the Constitution Party of Idaho By-Laws, these Rules & Procedures are herewith set forth to govern the election or appointment of the National Delegates of the Constitution Party of Idaho, and to comply with Idaho Elections Code.

AUTHORITY

Pursuant to Constitution Party of Idaho By-Laws, Section 6.2 State Convention, B. Convention Business (6)(d)(i)—the principal authority to select the National Delegate slate of the Constitution Party of Idaho in National Convention rests with the State Convention of the Constitution Party of Idaho by ballot of the State Convention Delegates.  Section 6.3 National Affiliation, A. Selection of Delegates to National Conventions describes the methodology of the ballot selection.

By custom and practice, State Convention of the Constitution Party of Idaho generally convenes on the Saturday closest to the first of August in an election year—i.e. each even numbered year.

The National Convention originally convened in late summer—from late August to early September.  However, following the 2004 Constitution Party National Convention at Valley Forge, Pennsylvania, the date of National Convention has migrated forward on the calendar.  National Convention has now apparently settled on the third week of April in the Presidential election year.

Because of the disparity between the respective dates of the state and national conventions, the By-Laws of the Constitution Party of Idaho were amended.  In the event that the National Convention takes place before the State Convention, Section 6.3 A. (1)(a), provides for the selection of National Delegates by the State Central Committee, which is to meet in special session for such purpose no less than sixty (60) days prior to the National Convention.

Pursuant to §34-507, state convention delegates (who select their national delegates) “shall be selected in the manner prescribed by rules and regulations promulgated and adopted by the state central committee”.  Due to the intractable schedule of the state and the national conventions, for the foreseeable future the Idaho State Central Committee shall therefore remain the de facto authority to select national delegates until such time as the state and national convention dates can be reconciled.

Idaho Code grants to each qualified political party the authority over their respective conventions, at §34-707.  “Each state convention shall write and adopt rules and regulations governing the conduct of their respective conventions”.  Further, each state convention may “Adopt rules, regulations and directives regarding party policies, practices and procedures.”

These Rules & Procedures claim authority to govern the selection of Constitution Party National Delegates under the aforesaid §34-707 and under the Constitution Party of Idaho By-Laws, Article V, Organization, Section 5.1 State Central Committee, E. Duties. 1. State Central Committee (a), which states:

“The State Central Committee shall be the governing body of the Constitution Party of Idaho and shall formulate and provide for the execution of such policies, plans and measures as it may deem conducive to the best interest of the party, and in conformity with these By Laws.”

IDAHO PRESIDENTIAL PRIMARY

In accordance with §34-731, recognized political parties who plan to participate in the presidential primary are required to notify the secretary of state’s office by the last Tuesday in the November prior to the presidential primary.  The Constitution Party of Idaho met this obligation, notifying the secretary of state’s office in writing, which was personally delivered by the Vice Chairman in July 2015 and stamped as received into the official state records, with copies retained.

Pursuant to the 2015 amended  Idaho Code §34-736, upon receiving the results of the presidential primary, each party participating in the presidential primary shall select, according to national and state party rules, the allotted delegates and their alternates to the national party convention.

NATIONAL RULES

National Rules—State Delegate Allotment

The national by-laws, at Article IV—National Convention, define the allotment of national delegates:

Each state affiliate (whether ballot qualified or not) receives two (2) national delegates.

A state having achieved ballot qualification is assigned “additional” delegates, the number of additional delegates being equal to the number of congressional districts in the ballot qualified state.  Idaho is entitled to two (2) additional national delegates.

For each year, subsequent to the previous presidential election, that a state affiliate fulfills is annual assessment, it is entitled to one (1) “additional” national delegate per annual assessment met.

For each National Committee attended by the state affiliate national committee members, subsequent to the previous presidential election, the state affiliate is entitled to one (1) “additional” national delegate.

[At the conclusion of the Fall 2015 National Committee Meeting in Albuquerque, Idaho will be entitled to eight (8) national delegates, having attended four (4) National Committee Meetings.]

National Rules—Delegate Weighting

A delegate weighting procedure based on the individual state’s entitled national delegates was established in the 1999 U.S. Taxpayers Party, held at the Regal Riverfront Hotel, in St. Louis, September 1-6, 1999.  This was the national convention which changed the name of the party to its current Constitution Party.  The weighted percentage is presumed to still be in effect.

If a state does not send its total entitled national delegates to national convention, each delegate vote is weighted to allow for the state’s total entitled delegate count.  For example, if Idaho sends five (5) national delegates to the next national convention but it is entitled to send eight (8), votes of those Idaho national delegates present will be weighted to 1.6 votes per delegate present.

National Rules—Placed in Nomination Only by Majority of Two States

With the exception of a provision [Article IV, Bylaws of the Constitution Party] that “In order for the name of any candidate for President or Vice President to be placed in nomination it shall be necessary that such nomination shall have been approved by a majority of the delegates from two (2) states.”—the national delegate votes are not further encumbered in any way.

However, this provision requiring the majority of delegates in two states before a national candidate is placed in nomination could infringe upon the Idaho presidential primary winner—if no second state approves that individual being placed into nomination.

If a majority of national delegates from a second state cannot be found to approve placing the Idaho presidential primary winner in nomination, then the effect would be equivalent to the Idaho presidential primary winner failing to survive the first round of convention voting for the nomination.

National Rules—Majority of Delegates Present 

At National Convention, the Credentials Committee must present an accurate tally of national delegates entitled to each state affiliate, the number present in convention, and declare whether a quorum is present in order to open the national convention.

Based upon documentary evidence provided by the National Secretary of an image scan of what is purported to be page 4 of the 2012 National Convention Rules & Procedures.  Under Article V, QUORUM REQUIREMENTS TO CONDUCT CONVENTION BUSINESS is found:

A quorum shall consist of not less than a majority of the registered delegates.
All questions shall be decided by majority vote.

The national convention presidential nomination process is an “exhaustive ballot,” meaning the nomination voting shall continue in successive ballot rounds until one candidate obtains a majority.

National Rules—Single Elimination Exhaustive Ballot Method

Inquiries made in the summer of 2015 with the National Chairman, National Chairman Emeritus and National Secretary sought certainty upon the national party’s presidential and vice presidential nomination balloting procedure at National Convention.  It was finally determined that a single elimination exhaustive ballot was used by the immediate preceding National Convention in 2012.

The National Secretary provided an image scan of what is purported to be page 4 of the 2012 National Convention Rules & Procedures.  Under Article VI, SELECTION OF PRESIDENTIAL AND VICE PRESIDENTIAL NOMINEES, Section E is found:

E.  If no nominee for President or Vice President receives a majority of delegate votes, the nominee with the lowest vote will be eliminated and the roll call vote will be repeated.

The scan of the relevant balloting procedure, which indicates a single elimination exhaustive ballot procedure is including below as an addendum.

National Rules—Party Petitioning

In states where the Constitution Party is not yet a qualified party, to gain ballot qualification a petition is circulated, called a “party petition”.  Its purpose is to qualify the party.  Normally, these petitions do not carry the names of candidates.  However, eleven (11) states do not recognize “party petitions” or other procedures to qualify a party in advance of an election.

These states require a candidate petition, and generally it is legal to show a stand-in candidate on the candidate petition.  Politically experienced minor parties understand this, and will choose a stand-in presidential candidate—until the actual presidential candidate becomes known from the national convention nomination. The Constitution Party, at least during the 1996 election in Massachusetts and the 2006 election in West Virginia, has employed stand-in presidential candidates.

Presumably this falls under National Executive Committee oversight. The procedure and responsibility national delegates may have in the selection “for petitioning” by a “Stand In” presidential candidate and are not clearly stated in national documentation.  This procedure is referenced here to preclude confusion.  Again, its purpose is for qualifying a state for printed ballot, and not for candidate election purposes, per se.

STATE AFFILIATE RULES

State Affiliate Rules—Bound by Mandatory Primary

By participating in the Idaho Presidential Primary, the Constitution Party of Idaho accepts the state primary as a “mandatory primary”—meaning its national delegates are “bound” by the results.

State Affiliate Rules—Winner Takes All

The state party enters the presidential primary with an unlisted slate of delegates who are then automatically pledged to the winner of the Idaho Presidential Primary.  The winner of the Idaho Presidential Primary therefore takes all national delegates.  “Winner Takes All” is the current method under state elections statutes for Presidential Electors of the State of Idaho.

No proportional delegate distribution shall be permitted or recognized under Constitution Party of Idaho Rules & Procedures.

State Affiliate Rules—At Large Delegates

Pursuant to Idaho Code §34-736, following receipt of the results of the presidential primary from the Idaho Secretary of State’s office, the Constitution Party of Idaho shall then select the number of national delegates allotted to it under national party rules.

These national delegates are to be considered “at large”—meaning they are to be drawn from the whole state.  County, Legislative District and Congressional District are notwithstanding.

State Affiliate Rules—Hard Count Delegates

National Delegates of the Constitution Party of Idaho shall be deemed “Hard Count” delegates, having been formally allocated by the results of the presidential primary.

These delegates shall be bound to the winning Idaho presidential primary candidate.  They shall remain “Committed until Released”…until such time as the Idaho delegates are duly “unbound” by the winner of the Idaho Presidential Primary.

But in no instance shall the votes of Constitution Party of Idaho National Delegates be negotiable.

State Affiliate Rules—Automatic Resignation

Any delegate voting in National Convention contrary to the binding committal of the Idaho Presidential Primary results shall be, upon seeking to cast said contrary vote, deemed as having automatically resigned as an Idaho National Delegate being unable to fulfill delegate instructions.  Said contrary ballot shall be deemed null and void under these Rules & Procedures.

Upon automatic resignation, the resigning delegate shall be replaced by an alternate, with said alternate replacement taken from the Idaho Alternate Delegate roster, ranked alphabetically.

State Affiliate Rules—Conditional Unbinding 

In the event that the winning candidate of the Idaho Presidential Primary is eliminated under any successive National Convention balloting and so long as any candidate participant in the Idaho Presidential Primary remains in contention for the national nomination, the Idaho delegate slate may elect to release the delegation and to rebind it in support of the remaining presidential candidate who received the largest Idaho Presidential Primary vote.

In the event of a “vote of the whole delegation,” a simple majority in favor shall be deemed to release the Idaho delegates and rebind them to the next most preferred presidential candidate, as determined by the Idaho Presidential Primary candidate vote totals.

State Affiliate Rules—Conditions Which Prevent Unbinding 

However, in the event that no participant from the Idaho Presidential Primary remains in nomination under successive National Convention ballots, the Idaho delegation must, and shall, remain bound to the winner of the Idaho Presidential Primary as Hard Count Delegates.

State Affiliate Rules—Primary Participation Is Required for State Certification

Pursuant to Idaho Code §34-732, which states: “The name of any candidate for a political party nomination for president of the United States shall be printed on the ballots only if the candidate files with the secretary of state a declaration of candidacy accompanied by a one thousand dollar ($1,000) filing fee not less than ninety (90) days prior to the presidential primary,” the State Convention of the Constitution Party of Idaho shall not certify to the Secretary of State the name of any Constitution Party presidential candidate who has not properly declared their candidacy in Idaho under Idaho Code §34-732.

Said certification is required to be made in writing by the state chairman to the Secretary of State pursuant to Idaho Code §34-711, prior to September 1 in the year of the presidential election.

Presidential candidates of the Constitution Party who do not file a declaration of candidacy with the Idaho Secretary of State, accompanied by the appropriate filing fee, shall not be certified, and therefore shall not be listed on the state party’s November General Ballot, irrespective of the final nomination decision of the Constitution Party National Convention.

In the event that a national Constitution Party presidential candidate has been nominated at National Convention, and yet who has not participated in the Idaho Presidential Primary, the same is considered to have chosen not to run in Idaho.  In which case, the winner of the Idaho Presidential Primary shall be placed upon the Idaho November General Ballot, and the Idaho Presidential Primary runner up shall be named as Vice President on the November General Ballot, so long as this selection does not violate Amendment 12 of the Constitution of the United States.

State Affiliate Rules—Claim Upon Ballot Rights

The Constitution Party of Idaho insists upon the whole of its rights, at all times and in all places within the jurisdiction of the Gem State.

Article III, paragraph 3 of the Constitution of the Constitution Party states:  “Nothing in this Constitution or the bylaws of the Constitution Party shall confer upon the national party any authority to direct the internal affairs of any state affiliate.”  The Constitution Party of Idaho reads this paragraph strictly.

Election rules and procedures are an internal affair under the strict authority of the state affiliate, in compliance with Idaho elections law.  Under the authority enumerated through the Idaho Code, at §34-707, the Constitution Party of Idaho takes up its power of ballot right and political association.

National Constitution Party candidates who seek ballot participation in Idaho shall follow the rules and procedures set forth by this state affiliate.

State Affiliate Rules—Amendments, Reconciliation 

Amendments which may be necessary in order to reconcile these Rules & Procedures to Idaho Code and the By-Laws of The Constitution Party of Idaho may be brought under the process of Amendment, as enumerated under Article XI of this state affiliate’s By-Laws.

Herewith complete Rules & Procedures • Delegates to National Convention

Adopted By Voice of the State Central Committee

24 September 2015

 

FLOYD W. WHITLEY  Chair

 

Addendum

[As of 24 September 2015, evidenced under this addendum these Rules & Procedures have been revised to reflect the 2012 National Convention’s use of a single elimination exhaustive ballot rule.]

National Rules—Copy of Single Elimination Exhaustive Ballot Method Used in 2012

Constitution Party of Idaho

       STANDING RULES & PROCEDURES

Delegates to STATE convention

Supplement to Constitution Party of Idaho By-Laws

Adopted by State Central Committee June 2, 2016

PURPOSE

To bring about the business of the State Convention of the Constitution Party of Idaho in an efficacious, judicious and co-operative manner, these supplemental Standing Rules & Procedures pertaining to the conduct of aforesaid State Convention are herewith set forth to govern the proceedings, and to comply with the directives of Idaho Elections Code.

AUTHORITY

Idaho Code grants to each qualified political party the authority over their respective conventions, at §34-707. Under the directive of Idaho Code, the Constitution Party of Idaho is obligated, as follows:  “Each state convention shall write and adopt rules and regulations governing the conduct of their respective conventions”. These are mandatory.  Each state convention may also: “Adopt rules, regulations and directives regarding party policies, practices and procedures.”

Constitution Party of Idaho By-Laws, Article VI—Meetings and Conventions, Section 6.2—State Convention, are the principle authority governing conduct of the State Convention. Herein, these Standing Rules & Procedures for State Convention are intended to supplement, but not to replace, the Constitution Party of Idaho By-Laws.  Their intent is clarification of procedure.

DATE OF STATE CONVENTION

By custom and practice, State Convention of the Constitution Party of Idaho convenes on the Saturday on or about the first day of August in an election year—i.e. each even numbered year.

Pursuant to Constitution Party of Idaho By-Laws, Article V, Organization, Section 5.1, State Central Committee, E. Duties. 1. State Central Committee (a): “The State Central Committee shall be the governing body of the Constitution Party of Idaho and shall formulate and provide for the execution of such policies, plans and measures as it may deem conducive to the best interest of the party, and in conformity with these By Laws.”

State Convention—Near as practical to the first weekend in August

Idaho Code, §34-501 establishes the requirements for maintaining a party’s ballot qualification; namely, the state affiliate must stand candidates for “statewide office;” which is defined as: “candidates for state or national office listed under the party name at the last election.”

This definition includes State Legislature candidates, which are most likely to be contested at a May primary. Coincident with Constitution Party of Idaho registration growth, the trend is toward contested state primaries—e.g. 2014 District 1 State Senate; 2016 U.S. Senate.

To force the Idaho Convention to match an early April National Convention date is incompatible with state party electoral needs and privileges. Doing so would convene the state party before the Idaho Primary, the same being fixed by Idaho Code §34-106 as the third Tuesday in May of each general election year.  Lacking prescience, the primary results would not be known prior to convening; and thus, the state convention could not carry out its statutory obligations.

State Convention—No statewide candidate shall appear without endorsement

Under By-Laws, Article VIII, Section 8.3—Candidates, Section A, a prohibition is declared, specifically: “No candidate shall appear on the state ballot under the State Party banner in a general election without the endorsement of the Constitution Party of Idaho.”

Further, under “Requirements for supporting candidates of the State Party,” Article VIII, Section 8.3, Paragraph 3: “For statewide office, endorsement shall be by the State Convention.”

This is obligatory upon the State Convention. Thus, for practicality in meeting its obligations of endorsement, State Convention of the Constitution Party of Idaho cannot occur any earlier than sixty (60) days following the third Tuesday in May primary.

State Convention—Conflict on independent candidate write-in deadline

Further, in certain circumstances, the Constitution Party of Idaho may endorse write-in candidates —e.g. 2014 Write-In Governor. However, this shall not be construed to mean that endorsement of “fusion candidates” is permissible.  By-Laws, Article III, Section C, forbid dual party membership.

Idaho Code, §34-702, stipulates the deadline for write-in candidates to pay the filing fee in order to be listed (i.e. to be printed) on the November General Ballot as “within ten (10) days following the primary election canvass.”  This deadline for write-in candidates to be on the printed ballot occurs in early June and is a variable date, being dependent upon the date of the primary on the third Tuesday in May.

If deemed in the best interest of the state party, an endorsement for a write-in candidate appearing on the printed November General Ballot by State Convention necessarily would be precluded from endorsement by the state convention should the state party seek to accommodate the national party’s decision to hold national convention in early April. Doing so would procedurally be out of order, and would deny process of political association, which finds no basis under constitutional electoral law.

State Convention—Irreconcilable dates require appointment of National Delegates

 These Rules & Procedures therefore exercise full and complete authority to set the date of State Convention irrespective of the National Convention, and to govern the selection of Constitution Party National Delegates under the aforesaid Idaho Code §34-707.

Because of the disparity between the respective dates of the state and national conventions, the By-Laws of the Constitution Party of Idaho were amended as they pertain to National Delegates.

Specifically, in the event that National Convention takes place before the State Convention, under By-Laws, Section 6.3 A. (1)(a), the selection of National Delegates shall be by the State Central Committee, which is to meet in special session for such purpose no less than sixty (60) days prior to the National Convention.

Due to the National Committee insistence upon an early National Convention date, for the foreseeable future the Idaho State Central Committee shall remain the de facto authority to select National Delegates, until such time as the National Convention date is reconciled with the statutory, operational and practical needs of the Constitution Party of Idaho.

State Convention—Early August in best interest of State Party

The State Central Committee of the Constitution Party of Idaho deems the retention of the customary early August State Convention is in the best interests of the Idaho state party. The closest Saturday to the first day of August in each even-numbered year shall be the date of the State Convention of the Constitution Party of Idaho.

STATE CONVENTION DELEGATES

Pursuant to Idaho Code §34-507, state convention delegates (who in turn are to elect national and statewide delegates) “shall be selected in the manner prescribed by rules and regulations promulgated and adopted by the state central committee”.

Under By-Laws Section 6.2—State Convention, A. Convention Delegates (1)—“All members of the Constitution Party of Idaho who are current on their annual state party membership dues are eligible to be delegates and vote at the State Convention.”

“Member” is defined [By-Laws, §6.2 A (2)], as “lawful Idaho voters who have on current record with the Office of the Idaho Secretary of State a properly filed declaration of affiliation to the Constitution Party of Idaho.”  Eligibility to be a state delegate is defined in the By-Laws.

State Convention—Credentials

To be credentialed as a Voting Delegate at State Convention, requires [By-Laws, §6.2 A (3) (a -c)] that the Voting Delegate:

  1. Be affiliated with the Constitution Party of Idaho on the Voter List published by the Office of the Idaho Secretary of State which immediately precedes the Convention by not less than sixty (60) days.
  2. Or provide official testament by the respective county clerk that the Delegate’s current affiliation to the Constitution Party existed more than sixty (60) days prior to the Convention.
  3. And, be affiliated to the Constitution Party of Idaho on the most recent Voter List published by the Office of the Idaho Secretary of State that is less than thirty (30) days prior to the Convention.

Affiliation on the Voter List less than thirty (30) days is taken to mean the Voter List most practical and immediate, as provided from the Secretary of State Elections Office, to allow for a reasonable time to receive and compile said Voter List and make it available to the Credentials Committee.

State Convention—Identification Required

Enrollment in the State Convention is to be treated as an election-day registration. Title 34, Idaho Code shall apply to all elections conducted by, for and within this ballot qualified Constitution Party of Idaho, and in all instances whatsoever.

Prior to being granted credentialed access as a Voting Delegate in the State Convention of the Constitution Party of Idaho, each delegate seeking such access must provide proof of residence and identity pursuant to Idaho Code, §34-408A.

Proof for the purposes of enrolling as a Voting Delegate at State Convention shall include: (1) valid Idaho Driver’s License; or (2) Idaho Identification Card; or (3) any document which contains a valid address in a precinct within Idaho accompanied by a picture identification card; or (4) a valid student identification card with a current student fee statement.

Positive identification is absolutely required before admittance into the State Convention as a Voting Delegate. Pursuant to Idaho Code §34-412, if the credentialing official determines that the person seeking admission is not qualified, he or she shall refuse to credential the person.

State Convention—Quorum

The By-Laws are silent upon a quorum for State Convention. Party history indicates that a strictly defined quorum has not been practical or even obtainable—various state events, including State Conventions, have heretofore been and continue to be poorly attended.

By-Laws, Article X, set forth the parliamentary authority as being Robert’s Rules of Order, current edition. These shall govern the proceedings of the State Party whenever they are applicable and not inconsistent with the Constitution Party of Idaho By-Laws, or with Idaho Code, or with any special rules of order that the State Party may adopt.

Robert’s Rules, Article XI, Miscellaneous, Section 64, define quorum as: “The quorum of a body of delegates, unless the by-laws provide for a smaller quorum, is a majority of the number enrolled as attending the convention, not those appointed.

The By-Laws of the state party do not so provide for a smaller quorum. Therefore, Robert’s Rules apply on matters of quorum at State Convention.  The same states:  “When societies have no by-laws establishing a quorum, the quorum consists of those who attend the meeting, provided it is either a stated meeting or one that has been properly called.”

State Convention is a stated meeting, and is properly called. Therefore, in accordance with parliamentary rules, quorum shall consist of those duly credentialed Constitution Party of Idaho voters who attend the state convention as Delegates, excepting in respect to the quorum required for official certification of candidates who have participated at primary.

State Convention—Primary as Quorum for Certification

One of the principal tasks of State Convention is to certify the party’s General Election candidates. All registered Constitution Party of Idaho voters have had a direct voice in selecting, or the opportunity to select, the state party’s national and statewide candidates at Primary.

Therefore, this party’s national and statewide primary candidate preference, expressed via verifiable Primary Ballot, shall be considered a quorum for purposes of the State Convention’s certification of its national and statewide candidates.

Because eligible Voting Delegates constitute the entire registered base of the Constitution Party of Idaho, in order to transact business at State Convention the practice has been to treat a majority of those present as being the effective quorum.

This practice is considered equivalent to the acceptance of the primary voter turnout at the polls, however light, as being the official expressed will of the state party.

Until such time as State Convention attendance of enrolled delegates exceeds the total caucus of the official Idaho primary ballots, the results of said primaries must necessarily be considered as being the default decision of State Convention on matters of certification.

Said primary is treated as absentees in possession of live ballots awaiting formal tally at the state convention. Parliamentary procedures protecting the rights of these absentees are to be fully enforced at State Convention.  No suspension of rules, whether by majority or even by unanimity, is permissible which in its effect will infringe upon the rights of these absentees.

In 2016, the Presidential Primary totaled 485 ballots cast. That number shall constitute the state convention quorum for purposes of a majority on the question of certification of presidential and vice-presidential candidates by state convention in 2016.

In 2016, the Statewide Primary totaled 220 ballots cast. That number shall constitute the state convention quorum for purposes of a majority on the question of certification of the statewide elective candidate (for U.S. Senate) by state convention in 2016.

State Convention—Allowance for Primary as Quorum

Robert’s Rules, Note on Quorum, states: “it is seldom that a vote as great as a majority of the total membership of a large voluntary organization can be obtained on anything.”  An allowance is therefore made.  The act of the body is defined under Robert’s Rules as: “a majority vote (which means a majority of those who vote) shall be sufficient to make the act the act of the body.”

In the case of the 2016 Presidential Primary, these voting absentees represented 21.3% of the total registered base of the Constitution party of Idaho; coincidentally about one-fourth, which Robert’s Rules consider sufficient.

In the case of the 2016 Statewide Primary, approximately 16.7% of the registered base voted, also herewith deemed sufficient, being above 6% cited within Robert’s Rules as the historical basis used under Parliament from which the rules were derived.

State Convention—Bound by Mandatory Primary

By participating in the Idaho Presidential Primary and the Idaho State Primary, the Constitution Party of Idaho accepts the primary as a “mandatory primary”—meaning the state party’s National and State Delegates are “bound” by the results.

State Convention shall not pass ex post facto revisions of Rules & Procedures which would, upon their passage, infringe or abridge the rights of the aforementioned absentees or their primary candidates as understood within the parameters set forth in Constitution Party of Idaho Rules & Procedures, Delegates to National Convention, the same being adopted by the State Central Committee on September 24, 2015.

STATE CONVENTION ORDER OF BUSINESS

Robert’s Rules, Article XI, Miscellaneous, Section 65, set forth a typical order of business, when no rule has been previously adopted setting the order. With certain modifications, as enumerated in the By-Laws, State Convention will take up the general template in Section 65 as being the order of State Convention business.

State Convention—Limits upon Debate

State Convention, out of a necessity to be frugal in expenditure, has been rendered into a one day session. The Constitution Party of Idaho therefore does not have the luxury to extend leisure in considering its agenda and disposing of its business.

Given the magnitude and priority of business which must be addressed through a biennial State Convention constrained to a single day session, it is necessary to limit debate.

This necessity does not supplant the principle of debate—majority or minority—on main motions and state affiliate business. Nevertheless, the inherent right to limit the time assigned for debate is assumed from Robert’s Rules, Section 30.

To ensure orderly transaction of convention business, much of which entails statutorily required action, these Standing Rules & Procedures hereby fix a time limit of no more than three (3) minutes per speech by its members upon all questions pending before State Convention.

Members are expected to be efficient with their time. All time yielded by speakers in the debate allowance, shall accrete to the Chairman in a general pool.  At his discretion, yielded time may be dispersed should the convention’s interest in a particular item under discussion go long.

But in all cases, it is the responsibility of the Chairman to impose the discipline of the clock, and to bring business before the assembly in its proper order within the time assigned.

State Convention—Credentials Committee Report

By-Laws, Section 6.2—State Convention, A (4) mandates that, upon conclusion of the opening ceremonies that the Credentials Committee shall make known who is entitled to vote at state convention. The By-Laws follow Robert’s Rules, Part II, Organization, Meetings, and Legal Rights of Assemblies, Section 71, which state that a convention “should provide for hearing the report of the credentials committee as soon as the opening exercises are concluded.”

The first order of State Convention business is therefore the acceptance of the Credentials Committee report, and any amendments made thereto. This acceptance decides the membership of the state convention.  Only said membership, once accepted under credentials, is entitled to vote in State Convention excepting those ballots cast by primary absentees awaiting formal tally.

In instances where a contest between two sets of delegates may exist and the Credentials Committee finds serious doubt as to who is entitled to recognition, the Committee shall omit both from the Credentials list and report the fact of the contest to the Convention.

However, pursuant to Robert’s Rules, Section 71, if the Committee thinks the contest is not justified it should ignore the contest and enter on the list the names of the legitimate delegates.

Further, whenever confronted with dilatory attempts to prevent the State Convention from seating its delegates, the Chairman of the State Convention shall exercise authority under By-Laws, Section 6.2—State Convention, B (2), and rule the Credentials Committee report as accepted.

The rulings of the Chairman of the State Convention shall be the decision on the question before the body.

These Standing Rules & Procedures limit the length of debate upon the credentials report to nine (9) minutes.

State Convention—Program Committee Report

By-Laws, Section 6.2—State Convention, A (5) mandates that immediately following the acceptance of the Credentials report, the Program Committee is to submit the printed program and motion its adoption, subject to amendment.

Further, “Once adopted Convention Delegates may not deviate from the Program unless by a two/thirds majority vote upon a proper motion in order to do so.”

Whenever confronted with dilatory attempts to prevent the State Convention from setting an agenda, the Chairman of the State Convention shall exercise authority under By-Laws, Section 6.2—State Convention, B (2), and rule the Program Committee report as accepted.

The rulings of the Chairman of the State Convention shall be the decision on the question before the body.

These Standing Rules & Procedures limit the length of debate upon the program report to nine (9) minutes.

State Convention—Privilege of Credentials and Program Committees

The above limitations upon time notwithstanding, given the inexorable vagaries of life the Credentials Committee and Program Committee retain privilege at any time throughout the State Convention to make supplementary reports—e.g. to accommodate additional delegates who may arrive, or to make allowance for speakers on the program who may be unable to attend or who are delayed by circumstances beyond their control.

State Convention—Previous Minutes

Robert’s Rules, Article XI, Miscellaneous, Section 65, set forth a typical order of business. After the settlement of the convention membership and program, the next immediate order of business is reading and approval of the Minutes of the previous State Convention.

Principal responsibility for the Minutes rests with the Secretary of the Constitution Party of Idaho, under the By-Laws. Absent a Secretary, the responsibility devolves to the State Chairman.

A motion to dispense with reading of the Minutes may be entertained. If reading is dispensed, the Minutes shall be entered into the record, tantum et tale (as is).

At the close of the convention, normal parliamentary practice is to read and approve the minutes of that day before adjournment sine die.

If there is not time to read and approve the convention minutes, a motion should be adopted to authorize State Central Committee in its subsequent regular meeting to edit, approve and cause to be published the Minutes of the State Convention.

These Standing Rules & Procedures limit the length of debate upon the acceptance of the Minutes to six (6) minutes.

State Convention—Treasurer’s Report

Following the reading of the Minutes, the next item of business to be taken up is the Treasurer’s Report. The Treasurer is always required to make an annual report, under Robert’s Rules, Article X, Section 62.  The Treasurer’s Report is to be upon the immediately concluded fiscal year.

Fiscal Year is defined under the By-Laws, Article IX, Finance, Section A, as being from July 1 through June 30 of the calendar, inclusive.

A detailed accounting is handled under audit, and therefore is not necessary for the convention. A brief summary including the balance beginning, the annual receipts and disbursements, and the closing balance will suffice, and must be reported.

Further, under Robert’s Rules, Section 62, “If there are no auditors, the report when made, should be referred to an auditing committee.” This auditing committee should report on it at the next regular scheduled meeting of the State Central Committee.

The proper form of referral is a subsidiary motion attached to the Treasurer’s Report when it is made, as found under Robert’s Rules, Section 32. The audit is committed by State Convention.

These Standing Rules & Procedures limit the length of debate upon the acceptance of the financial report to six (6) minutes.

State Convention—State of the State Report

In order of convention business, following the acceptance or referral of the Treasurer’s Report, the State Chairman is next to report upon the condition of the Constitution Party of Idaho. This is hereinafter referred to as the “State of the State” Report.

While occupying the customary place in the agenda order typically taken up by Special Committee reports, the State of the State Report is treated as the presentation of a communication to the assembly.

The content and focus of the State of the State Report is subject to the discretion of the State Chairman alone. Suggested topics of importance to address within the body of the State of the State Report are:  registered voter data, state party organization, national party affairs, website status, inventory, public programs, appointment needs and budget.

Upon presenting the State of the State Report, the communication to the assembly is subject to discussion and exchange. Discussion must be limited, under the constraints of time, to the merits of the immediate pending communication presented to the assembly.

Each enrolled credentialed voting delegate may speak twice upon the presented information, but so long as other voting delegates wish to speak, no person who has already spoken may speak before those seeking to discuss the report have had an opportunity to speak.

Once all who wish to speak upon the report have done so, the State of the State is to be accepted into the records as a special report to the State Convention.

These Standing Rules & Procedures limit the length of debate upon the State of the State Report to fifteen (15) minutes.

State Convention—Adopt Rules and Procedures Governing State Convention

In obedience to Idaho Code, §34-707, these Constitution Party of Idaho Rules and Procedures govern Delegates to State Convention as adopted by the State Central Committee, and the same are considered as having met mandatory requirements to be in possession of rules governing the conduct of the State Convention of the Constitution Party of Idaho.

These Standing Rules & Procedures limit the length of debate upon the Convention Rules to six (6) minutes.

State Convention—Adoption of State Party By-Laws

As permitted under Idaho Code, §34-707, and By-Laws, Article VI, Section 6.2, Subsection B, 6(c), Voting Delegates to State Convention may “Adopt rules, regulations and directives regarding party policies, practices and procedures.”

Under By-Laws, Article XI, Amendments, A, amendments to the By-Laws may be adopted by a two-thirds (2/3) vote of the delegates present at any State Party Convention. However, as stipulated under By-Laws, Article XI, Amendments, B, “Proposed amendments to the By Laws must be submitted in writing to the State Central Committee thirty (30) days prior to the meeting during which the amendments are to be considered.

Prior notice of proposed amendments is a matter of parliamentary process, to allow comment and review. Therefore, a thirty day (30) prior notice in writing to amend of the By-Laws shall be strictly enforced.  Absent the above written prior notice, no amendment shall be considered.

If proposed By-Laws amendments are properly received as defined above, the State Central Committee shall cause to be published said proposed amendments in writing to the State Party Convention Delegates not less than fourteen (14) days prior to convening State Convention. Proposed By-Laws amendments posted on the state party website shall constitute “publication” within the context of this rule.

These Standing Rules & Procedures limit the length of debate upon the By-Laws to six (6) minutes.

State Convention—Adoption of State Party Platform

Under By-Laws, Article XI, Amendments, A, amendments to the State party Platform may be adopted by a two-thirds (2/3) vote of the delegates present at any State Party Convention. However, as stipulated under By-Laws, Article XI, Amendments, D, “Proposed amendments to the State party Platform must be submitted in writing to the State Central Committee thirty (30) days prior to the meeting during which the amendments are to be considered.

A thirty day (30) prior notice in writing to amend of the Platform shall be strictly enforced. Absent the above written prior notice, no amendment shall be considered.

If proposed Platform amendments are properly received as defined above, the State Central Committee shall cause to be published said proposed amendments in writing to the State Party Convention Delegates not less than fourteen (14) days prior to convening State Convention. Proposed Platform amendments posted on the state party website shall constitute “publication” within the context of this rule.  The State party Platform may only be amended at a State Convention.

These Standing Rules & Procedures limit the length of debate upon the By-Laws to six (6) minutes.

 STATE CONVENTION CANDIDATE CERTIFICATION AND ENDORSEMENT

In presidential election years, the Constitution Party of Idaho State Convention is expressly tasked by Idaho Code §34-711 to certify to the Idaho Secretary of State, on or before September 1, the names of the presidential and vice-presidential candidates and presidential electors, in order for them to appear on the general election ballot.

State Convention—Claim Upon Ballot Rights

The Constitution Party of Idaho insists upon the whole of its rights, at all times and in all places within the jurisdiction of the Gem State.

Idaho Code §34-735 pertains to Presidential Primary Results. Upon certification by the Idaho Secretary of State of the number of votes each presidential primary candidate received, “A winner shall be declared as prescribed by rule of the state and national party.”

Article III, paragraph 3 of the Constitution of the Constitution Party states:  “Nothing in this Constitution or the bylaws of the Constitution Party shall confer upon the national party any authority to direct the internal affairs of any state affiliate.” The Constitution Party of Idaho reads this paragraph strictly.

Election rules and procedures are an internal affair under the strict authority of the state affiliate, in compliance with Idaho elections law.

In March and in May 2016, respectively, under the rule of the Constitution Party of Idaho, a presidential primary winner and a statewide primary winner for United States Senator were declared.

Under the authority enumerated through the Idaho Code, at §34-707, the Constitution Party of Idaho takes up its power of ballot right and political association. National and Statewide Constitution Party candidates who seek ballot participation in Idaho shall follow the rules and procedures set forth by this state affiliate.

STATE CONVENTION ELECTION OF STATE OFFICERS

The Constitution Party of Idaho shall elect state officers in accordance to the procedures set forth in the By-Laws and the Idaho Code. Such election shall be by secret ballot.

The term of service of the aforesaid officers shall be two (2) years from adjournment of the state convention to adjournment of the next immediate state convention.

Should an insufficient number of willing members stand for party elective offices, these may with time permitting be appointed as acting offices by the State Chairman as needed and practical.

Regardless of number of party offices held, each individual shall have only one vote in council.

STATE CONVENTION MISCELANEOUS

State Convention —Dilatory Motions

The Constitution Party of Idaho reserves the inherent right to protect itself from being imposed upon by members using parliamentary forms to prevent it from doing the very thing for which is convened. It takes up Robert’s Rules, Article V, Subsidiary Motions, Section 40.

Dilatory, frivolous or absurd motions, which have as their object the intent to obstruct or halt the convention’s business, shall not be entertained by the Chairman. A minority of disaffected members shall not be permitted to stop the business of the State Convention, nor will the rights of the deliberative assembly be held hostage.

No dilatory, absurd, obstructionist or frivolous motions are allowed. The Chairman shall be firm in the State Convention from imposition.  In this instance, the ruling of the Chairman is the decision of the deliberative body.

State Convention —Ejection

The Constitution Party of Idaho insists upon the whole of its rights, including the right of an assembly to eject anyone from its place of meeting. Under Robert’s Rules, Article XIII, Legal Rights of Assemblies and Trial of Their Members, Section 73, either by a rule or by a vote, State Convention has the right to decide who may be present during is session.

When the convention decides that a specific person shall not remain in the room, “it is the duty of the chairman to enforce the rule of order, using whatever force is necessary to eject the party.

Further, “However badly the man may be abused while being removed from the room, neither the chairman nor the society is liable for damages, as, in ordering his removal, they did not exceed their legal rights.”

State Convention —Amendments, Reconciliation

Amendments which may be necessary in order to reconcile these Rules & Procedures to Idaho Code with the By-Laws of The Constitution Party of Idaho may be brought under the process of Amendment, as enumerated under Article XI of this state affiliate’s By-Laws.

Herewith complete Rules & Procedures • Delegates to State Convention

Adopted By Voice of the State Central Committee 2 June 2016

And as amended by State Convention 30 July 2016

The Constitution Party of Idaho – By Laws

Adopted April 16, 2005 and as amended by State Convention  August 4, 2018

PREAMBLE

We the members of the Constitution Party of Idaho gratefully acknowledge the blessings of the Lord God as Creator, Preserver and Ruler of the Universe and of this State Republic. We hereby appeal to Him for said aid, comfort, guidance and the protection of His Divine Providence.

ARTICLE I. NAME

The name of this political party shall be the Constitution Party of Idaho, and hereinafter may be referred to as the State Party. The State Party is  not affiliated with the national Constitution Party  which hereinafter may be referred to as the National Party.

ARTICLE II. PURPOSE

The purpose of the Constitution Party of Idaho shall be to:

  1. Develop an informed and effective statewide political organization in order to support the principles, goals and platforms of the of the Constitution Party as adopted in the State Party conventions;
  2. Promote by all lawful and truthful means, the election of local, state and national candidates nominated by the Constitution Party and to conduct and coordinate campaigns on their behalf;
  3. Promote allegiance to God’s laws and the Principles and Objectives of the Declaration of Independence and the Constitution of the United States of America and the Bill of Rights as conceived and set forth by our Founding Fathers in their establishment of our Republic; affirm that the Declaration of Independence occupies a primary and defining relationship to and equality with the Constitution of the United States of America, and further affirm that the latter document was never intended to supplant nor replace the former document, but only to perfect it and the Union of States which it brought into existence.

ARTICLE III. AUTHORITY

  1. The Rules and Regulations of the Constitution Party of Idaho are the governing directives of the State Party and are established pursuant to the elections laws of the State of Idaho.
  2. All applicable provisions of the Idaho Code Annotated shall be part of these Rules and Regulations.
  3. The specific wording of individual planks in the Constitution Party of Idaho platform are unique to the State of Idaho.

ARTICLE IV. MEMBERSHIP

A member of the Constitution Party of Idaho in good standing is a person who:

  1. Is a registered voter according to the laws of the State of Idaho;
  2. Declares affiliation with the State Party and agreement with principles set forth in the platform of the Constitution Party of Idaho; with “declares affiliation” taken to mean in current evidence on Idaho Political Party Affiliation Declaration Form [ER-2] or on Idaho Voter Registration Form [ERM-1] with the Office of the Idaho Secretary of State;
  3. No member of the Constitution Party may be a member or officer of another political party.

ARTICLE V. ORGANIZATION

Section 5.1 State Central Committee

Membership

State Central Committee membership shall be organized as specified in section 34-504 of the Idaho Code.

Election and Terms

The State Chairman, Vice Chairman, Secretary and Treasurer shall be elected by the state convention for a term of two years.

Vacancies

  1. A vacancy in the office of State Chairman shall be filled by the Vice Chairman who serves the remaining on-expired term of the vacating State Chairman.
  2. A vacancy in the office of State Vice Chairman shall be filled by appointment by the State Chairman selected from members of the State Central Committee. The appointee shall serve the remaining un-expired term of the vacating Vice Chairman.
  3. If both positions (State Chairman and Vice Chairman) become vacant, a meeting of the State Central committee shall be called by the next ranking officer to choose successors.
  4. A vacancy in the office of State Secretary shall be filled by appointment by the State Chairman and the appointee shall serve the unexpired term of the vacating secretary.
  5. A vacancy in the office of State Treasurer shall be filled by appointment by the State Chairman and the appointee shall serve the un-expired term of the vacating Treasurer.

Removal

Removal of any elected officer shall be considered upon presentation of the petition setting forth in detail the reasons for seeking such removal, and signed by a sixth of the full membership of the State Central Committee. The petition may be presented at any regular or special meeting of the State Central Committee provided the notice is given fourteen (14) days in advance of the meeting. Removal shall be by a two-thirds majority of those representatives present and voting at any meeting at which a quorum is present.

Duties

State Central Committee

  1. The State Central Committee be the governing body of the Constitution Party of Idaho and shall formulate and provide for the execution of such policies, plans and measures as it may deem conducive to the best interest of the party, and in conformity with these By Laws.
  2. The State Central committee shall call all regular and special state conventions and make arrangements therefore, including the basis of representation, the time and place.

State Chairman

  1. The State Chairman shall be the chief executive officer of the state party and the chairman of the State Central Committee.
  2. The State Chairman shall issue the call for and preside at all meetings of the State Party.
  3. The State Chairman shall observe and enforce the By Laws of the state party.
  4. The State Chairman shall appoint necessary staff members and all standing and special committees.
  5. The State Chairman shall be an ex officio member of all committees.
  6. The State Chairman shall act as necessary to promote the functions of the party.

State Vice Chairman

  1. The State Vice Chairman shall become the State Chairman in the event of a vacancy in that office.
  2. The State Vice Chairman shall perform the duties of the State Chairman when he is absent.
  3. The State Vice Chairman shall perform such other duties as the State Chairman may prescribe.

State Secretary

The State Secretary shall:

  1. Keep the official records of the State Party, including, but not limited to recording minutes of all meetings, maintaining membership and attendance lists and overseeing and managing Convention registration.
  2. Publish to the membership the official proceedings of the party;
  3. Keep and communicate the election and meeting calendar for the State Party;
  4. Provide appropriate access to records to any member in good standing at the discretion of the Secretary;
  5. Other access to party records may be obtained by written request to the State Central Committee, who may approve or disapprove such request.
  6. The State Party Secretary shall perform such other duties as the State Chairman may prescribe.

State Treasurer

The State Treasurer shall:

  1. Keep the financial records of the State Party.
  2. Keep and communicate the election financial calendar for the State Party.
  3. Be responsible for the fulfilling of federal and state financial reporting requirements as applicable.
  4. Prepare quarterly statements of incoming and expenditures for the State Central Committee and prepare an annual financial report.
  5. Manage receipts and disbursements of the state party.
  6. To prepare an annual budget to be approved by the State Central committee.
  7. The State Party Treasurer shall perform such other duties as the State Chairman may prescribe.

Section 5.2 State Executive Committee

Purpose

The State Executive Committee shall be authorized to act on behalf of the Constitution Party of Idaho for the purpose of administering the policies and programs adopted by the State Central Committee, and shall perform such duties as may be assigned to it by the State Central Committee. No person may hold more than one voting position of the State Executive Committee.

Membership

The State Executive Committee shall consist of the following members:

Voting Members:

  1. The State Chairman
  2. The State Vice Chairman
  3. The Secretary of the State Central Committee
  4. The Treasurer of the State Central Committee
  5. The Chairman of the National Committee Members
  6. The Area Chairmen (6)
  7. The Youth Outreach State Chair

Non-voting Members:

  1. The Immediate Past State Chairman
  2. One representative from each elected Idaho Constitution Party Congressional Office
  3. One representative from each elected Idaho Constitution Party State Executive and Legislative Office
  4. The Teenage Constitution Party Representative

Meetings

  1. The State Chairman shall convene the State Executive Committee at a regular time to be determined by the State Executive Committee but not less than six times per year, and shall have power to call a special Executive Committee Meeting after ten (10) days notice.
  2. Meetings may be in person, by conference call or a combination of the two.
  3. Fifty-one percent of the voting members of the State Executive Committee must be present to constitute a quorum.

Organization

State Executive Committee Areas are as follows [See Appendix A]:

  1. Area 1 Counties: Benewah; Bonner; Boundary; Kootenai; Shoshone
  2. Area 2 Counties: Clearwater; Idaho; Latah; Lewis; Nez Perce
  3. Area 3 Counties: Ada; Adams; Boise; Canyon; Elmore; Gem; Owyhee; Payette; Valley; Washington
  4. Area 4 Counties: Blaine; Camas; Cassia; Gooding; Jerome; Lincoln; Minidoka; Twin Falls
  5. Area 5 Counties: Bannock; Bear Lake; Bingham; Caribou; Franklin; Oneida; Power
  6. Area 6 Counties: Bonneville; Butte; Clark; Custer; Fremont; Jefferson; Lemhi; Madison; Teton

Officers

The Area Chairman, Vice Chairman, Secretary and other designated officers of the Area shall be elected by the County Chairman, State Committeeman, State Committeewomen, County Youth Chair and Legislative District Chairman from the counties and legislative districts composing an Area. Such elections shall be held within fifteen (15) days following the election of county officers. The election of Area Officers shall be carried out by secret ballot except in uncontested races.

Duties

  1. To represent the counties and legislative districts within the area at Executive Committee meetings
  2. To communicate action and decisions of the State Executive Committee and State Central Committee regarding political and financial plans to the counties and legislative districts in the area.
  3. To coordinate inter-area activities such as: a. Liberty Challenge – Annual High School Video Contest b. Other Statewide activities that may be designated by the State Executive Committee or State Central Committee c. Fundraisers for Local, State and National Candidates d. Campaign activities for Local, State and National Candidates
  4. To assist county and legislative district central committees in matters of organization.

Voting

The voting membership of area meetings shall be the voting membership of County Central Committees and Legislative District Chairmen. A quorum shall exist if 51% of the counties and legislative districts within the area are represented.

Section 5.3 Formation of Local Central Committees

County Central Committee

  1. County Central Committee membership shall be as specified in Section 34-502 of the Idaho Code with the addition of the following office: a. County Youth Chair
  2. The duties of the County Central Committee shall be as specified in Title 34 of the Idaho Code.
  3. A County Central Committee may be formed when there are enough precinct committeemen in the county to fill the slate of officers specified by the Idaho Code. The State Chairman, or his designee, shall preside as chairman of the meeting during the formation process. After election of a County Central Committee Chairman, Vice Chairman, Secretary, State Committeeman and State Committeewoman (if available) the elected chairman shall preside over the remainder of the meeting. The State Central Committee shall provide a sample draft of bylaws and the initial formation meeting of the County Central Committee. If necessary, the discussion and amendment of the sample draft shall continue in meetings thereafter until adopted. However, two items in the bylaws will be decided at the initial formation meeting: (1) A date and time for regular monthly meetings, and (2) The quorum requirement for conducting official business. The bylaws adopted by the County Central committee shall be submitted within six months.
  4. On the next regular business day, the State Chairman or his designee shall present the petitions for precinct committeeman, along with the names of elected County Central committee officers, to the county clerk.
  5. A request shall be made by the State Chairman to the county clerk and upon completion of the validation of petitions for precinct committeeman, and that it will be issued to the County Central committee chairman certifying the validation and acknowledging the establishment of the County Central committee. The County Central committee chairman shall forward a copy of the county clerk’s letter to the State Central committee within five working days after receipt.
  6. Where there is not an organized central committee in a county, the State Chairman may appoint an acting chairman to lead organizational activities and represent party members in that county until a formal organization is established.

Legislative District Central Committee

  1. Legislative District Central Committee membership shall be as specified in Section 34-503 of the Idaho Code.
  2. The duties of the County Central Committee shall be as specified in Title 34 of the Idaho Code.
  3. A Legislative District Central Committee may be formed when there are enough precinct committeemen in the legislative district to fill the slate of officers as specified in the Idaho Code. The State Chairman, or his designee, shall preside as chairman of the meeting during the formation process. After election of a Legislative District Central Committee Chairman, Vice Chairman and Secretary, the elected chairman shall preside over the remainder of the meeting. The State Central Committee shall provide a sample draft of bylaws and the initial formation meeting of the Legislative District Central Committee. If necessary, the discussion and amendment of the sample draft shall continue in meetings thereafter until adopted. However, two items in the bylaws will be decided at the initial formation meeting: (1) A date and time for regular monthly meetings, and (2) The quorum requirement for conducting official business. The bylaws adopted by the Legislative District Central committee shall be submitted within six months.
  4. On the next regular business day, the State Chairman or his designee shall present the petitions for precinct committeeman, along with the names of elected Legislative District Central committee officers, to the county clerk.
  5. A request shall be made by the State Chairman to the county clerk and upon completion of the validation of petitions for precinct committeeman, and that it will be issued to the Legislative District Central committee chairman certifying the validation and acknowledging the establishment of the Legislative District Central committee. The Legislative District Central committee chairman shall forward a copy of the county clerk’s letter to the State Central committee within five working days after receipt.
  6. Where there is not an organized central committee in a Legislative District, the State Chairman may appoint an acting chairman to lead organizational activities and represent party members in that legislative district until a formal organization is established.

ARTICLE VI. MEETINGS AND CONVENTIONS

Section 6.1 Meetings

  1. Meetings of the State Central Committee shall be held no less than quarterly at a time and place established by the State Chairman.
  2. Meetings may be in person or by conference call.
  3. Meetings shall be at the call of the Chairman with fourteen (14) days notice for in person meetings and seven (7) days notice for meetings by conference call.
  4. A quorum of the State Central Committee meetings consists of two thirds of the current committee members.
  5. All party members are invited to attend State Party meetings, however, only State Central Committee members may vote.

Section 6.2 State Convention

Convention Delegates

  1. All members of the Constitution Party of Idaho who are current on their annual state party membership dues are eligible to be delegates and vote at the State Convention.
    1. Annual state party membership dues shall be set by State Central Committee in its regular Third Quarter meeting immediately following 2016 State Convention, and in every Third Quarter meeting thereafter
  2. “Members” are defined as lawful Idaho voters who have on current record with the Office of the Idaho Secretary of State a properly filed declaration of affiliation to the Constitution Party of Idaho.
  3. For the purpose of certifying Convention Delegates, “current record” of affiliation requires a Delegate:
  4. Be affiliated with the Constitution Party of Idaho on the Voter List published by the Office of the Idaho Secretary of State which immediately precedes the Convention by not less than sixty (60) days.
  5. Or provide official testament by the respective county clerk that the Delegate’s current affiliation to the Constitution Party existed more than sixty (60) days prior to the Convention.
  6. And, be affiliated to the Constitution Party of Idaho on the most recent Voter List published by the Office of the Idaho Secretary of State that is less than thirty (30) days prior to the Convention.
  7. Credentials Committee shall be appointed by the Chairman in accordance with these By-Laws, Robert’s Rules of Order [71] and applicable Idaho Code to certify Convention Delegates. On conclusion of opening exercises, the Credentials Committee is to make known who is entitled to vote at Convention. Adoption of the Credentials Committee report sets the number and name of Convention Delegates.
  8. Program Committee shall be appointed by the Chairman in accordance with these By-Laws, Robert’s Rules of Order [71] and applicable Idaho Code to set Convention Business. On adoption of the Credentials Committee report, the Program Committee will submit the Convention Program. Once adopted, Convention Delegates may not deviate from the Program unless by a two/thirds majority vote.

Convention Business

  1. The State Convention shall be held in each even numbered year at a time and place to be determined by the State Central Committee, but no later than the third Saturday in August of the designated year. The State Committee Chairman shall cause notice to be given to each County Central Committee and Legislative District Committee as soon as possible but no later than sixty (60) calendar days prior to the convention date.
  2. Robert’s Rules of Order, newly revised, shall govern the proceedings of the State Convention, and the rulings of the Chairman of the State Convention shall be the decision on the question before the body. The affirmative vote of the majority of the delegates present and voting at the State Convention shall be the act of the Convention unless otherwise specified in these By Laws.
  3. The Chairman of the State Central Committee shall preside at the opening of the State Convention and shall preside until the close of the Convention.
  4. In the order of business, a Chairman pro tem shall be appointed to conduct the election of a Chairman.
  5. The term of office of the Chairman Elect shall begin immediately upon the close of the Convention.
  6. The State Chairman or the State Secretary shall certify the names of the duly elected delegates and alternate delegates from Idaho .
  7. The state convention shall write and adopt rules and regulations governing the conduct of the convention.
  8. The State Convention may:
    1. Adopt and write a party platform:
    2. Elect any desired officers not otherwise provided for by law.
    3. Adopt rules, regulations and directives regarding party policies, practices and procedures
    4. In the year of presidential elections:
      1. ;
      2. Select presidential electors.

 ARTICLE VII. VOTING

  1. Election of officers shall be by secret ballot.
  2. Voting on other issues may be by voice or raised hands, roll call or other, as determined by the presiding officer.
  3. Voting during conference call meetings, of necessity, must be roll call voice votes.
  4. Decisions shall be by majority vote unless otherwise specified in these By Laws, with tie votes decided by the State Chairman’s vote.
  5. A person holding multiple offices shall not be entitled to more than one vote.

ARTICLE VIII. PRESIDENTIAL ELECTORS AND CANDIDATES

Section 8.1 Presidential Electors

  1. Presidential Electors are approved by the State Convention.
  2. The Presidential Electors may be nominated from the floor of the convention and approved by majority vote;
  3. The State Chairman may submit a slate of Presidential Electors for consideration by the convention. The convention may reject or approve the slate in whole or in part and otherwise nominate from the floor and approve by majority vote those who have been rejected;
  4. Presidential Electors are pledged to cast their votes in the Electoral College for the Constitution Party of Idaho candidates for President and Vice President of United States.
  5. Should a vacancy in the office of Presidential Elector occur by reason of death, refusal to act, failure to attend, ineligibility, or any other cause, the State Chairman shall appoint an elector to fill the vacancy, which appointment shall be subject to the approval of the State Central Committee, unless such appointment shall occur in such a time as to not allow sufficient time for the State Central Committee to approve it; in which case, the appointment by the State Chairman shall be sufficient without State Central Committee approval.

Section 8.2 Certification of candidates for President, Vice President and Presidential Electors

  1. The Chairman of the State Central Committee shall certify the following to the Secretary of State prior to September 1 in a Presidential election year as required by Section 34-711 of the Idaho code.
  2. Presidential and Vice Presidential candidates
  3. Electors for Presidential and Vice Presidential candidates
  4. If the Chairman fails to act, the next ranking officer shall fulfill the responsibility.

Section 8.3 Candidates

  1. No candidate shall appear on the state ballot under the State Party banner in a general election without the endorsement of the Constitution Party of Idaho.
  2. Requirements for supporting candidates of the State Party shall:
  3. Be members of the Constitution Party of Idaho in good standing as defined in these By Laws;
  4. Be evaluated and endorsed by the County Central Committee or Legislative District Central Committee corresponding to the office for which the candidate is running. If none exists, the State Central Committee will perform that evaluation;
  5. For statewide office, endorsement shall be by the State Convention;
  6. Have all recognition and support withdrawn by a three fourths vote of the State Central Committee, when in their judgment, the candidate criteria in these By Laws have not been met. Such a candidate shall not run for office using the Constitution Party name and may be subject to legal action for failure to comply.
  7. When vacancies occur in positions previously filled by endorsed candidates before an election, or elected officers after an election, those positions shall be filled as specified in Title 34 of the Idaho Code.

ARTICLE IX. FINANCE

  1. The Constitution Party of Idaho’s fiscal year shall run from July 1 to June 30.
  2. No later than April 30, the Treasurer shall submit a proposed budget to the State Central Committee, which becomes the Party’s budget for the following fiscal year.
  3. No later than September 1, the Treasurer shall submit a financial report for the previous fiscal year.
  4. The State Central Committee may revise the budget at subsequent meetings.
  5. The State Central Committee may also authorize expenditures outside the budget.
  6. With the budget, the State Central Committee shall also adopt a set of financial procedures, a copy of which will be made available to members of the party. These procedures will include:
    1. A bookkeeping system;
    2. System for handling cash donations.
  7. Any individual may donate funds to the Party for a specific purpose. The Constitution Party of Idaho guarantees such gifts will be used as directed, providing it is consistent with our mission and principles.
    1. All such designated donations and their disposition will be included in the regular Treasurer’s report.
    2. If the State Central Committee decides the purpose for which the donation is made is inappropriate, the person making the gift will be given the opportunity to re-designate his or her gift or have it refunded in its entirety.
  8. Non-designated donations will be put in the Party’s general treasury for the use at the discretion of the State Central Committee.
  9. The financial records of the State Party may be reviewed once a year by a committee composed of three members in good standing, none of whom are party officers, selected for this purpose by the State Central Committee. The report of their reviews shall be presented to the state convention.
  10. The party’s financial and other records will be made available for viewing to members in good standing by appointment.

ARTICLE X. PARLIAMENTARY AUTHORITY

The then current edition of Robert’s Rules of Order shall govern the proceedings of the State Party whenever they are applicable and not inconsistent with these By Laws and the Idaho Election Code or any special rules of order that the State Party may adopt.

ARTICLE XI. AMENDMENTS

  1. Amendments to these By Laws may be adopted by a two-thirds (2/3) vote of the delegates present at any State Party Convention, or by a two-thirds vote of the members present at any State Central Committee meeting and shall take effect upon approval unless a different effective date is specified and approved.
  2. Proposed amendments to the By Laws must be submitted in writing to the State Central Committee thirty (30) days prior to the meeting during which the amendments are to be considered.
  3. Proposed amendments to the By Laws shall be submitted in writing to the State Party Convention Delegates fourteen (14) days prior to the State Convention during which the amendments are to be considered.
  4. Proposed amendments to the State Party platform must be submitted in writing to the State Central Committee thirty (30) days prior to the State Convention during which the amendments are to be considered.
  5. Proposed amendments to the State Party platform shall be submitted in writing to the State Party Convention Delegates fourteen (14) days prior to the State Convention during which the amendments are to be considered.
  6. The State Party platform may only be amended at a State Convention.

Herewith complete By-Laws as amended by State Convention at  Mountain Home, Idaho 4 August 2018

_____Floyd Whitley___________ Chair