American Reform Party Constitution

As Adopted at Schaumburg, Illinois on October 5, 1997



Preamble

When in the life of a democracy its people recognize a deterioration in the functioning of their government and the fabric of their society which threatens the future of that democracy and the freedoms of its sovereign citizens, they are obligated by their duty as citizens to join together and undertake to restore the foundations of their nation and its promise for their posterity. We are facing such a time in America today.

We reaffirm that all Americans of whatever origin share equally with their fellow citizens the profound rights to life, liberty, individual pursuits, and justice granted by our Creator, ratified by the world's oldest Constitution, and preserved by the sacrifices of patriots throughout our Nation's history. We must never forget that the rights and opportunities we enjoy carry with them in equal measure responsibilities and obligations. Our purpose in joining together to form this party is to initiate a process of American renewal under the Constitution of the United States of America, and to attract to this cause others who share our concerns. We intend to engage in the public debate in a manner that emphasizes the contrast between the promise of the future and the politics of the past. We shall contribute to the intellectual foundation of a new American political force which will build community, create sustainable economic growth, preserve our natural resources, remove the barriers of discrimination, unify our society, and restore integrity and decency to public life and governance.

To this purpose, we pledge our lives, our liberty, and our sacred honor; and we ordain and establish this constitution for the American Reform Party.

 

 

Article I
Name

The name of this organization shall be the American Reform Party of the United StaThe name of this organization shall be the American Reform Party of the United States of America, herein known as the "National Party."


Article II
National Party

The object of the national party shall be to establish and function as a national political party in accordance with Federal Election Commission regulations.
 
 

Article III
National Convention

Section 1. Existence. There shall be a national convention.
 
Section 2. Responsibilities, Duties and Powers. The national convention shall be responsible for providing the governance of the national party, and providing for the fulfillment of the national party's object. The national convention shall:
a) adopt a national party platform by a two-thirds vote of the national convention;
b) in appropriate years, nominate and/or endorse a candidate for the office of President of the United States, and nominate and/or endorse a candidate for the office of Vice President of the United States, and other actions as appropriate and necessary for the successful operation of the national party. The national convention shall be the supreme governing body of the national party, having all power and authority over the affairs of the national party, subject only to the provisions of this constitution and the bylaws.
 
Section 3. Composition. The national convention shall be composed of delegates, and of convention officers elected by the delegates in accordance with the standing rules of the convention and the parliamentary authority. thority.
Subdivision 1. Delegates. There shall be two delegates and two alternate delegates for each affiliated state. Those selected as delegates or alternate delegates are to be determined by the affiliated state party organization rules.
Subdivision 2. Delegate Eligibility. For a person to be eligible to be a state delegate or alternate state delegate, the person shall be a member of his or her affiliated state party organization, as determined by the rules of his or her state party organization, and shall be a legal resident of the U.S. state for which he or she is a delegate or alternate delegate.
Subdivision 3. Delegate Vacancies. Except as provided in Article III,
Section 5, the filling of state delegate vacancies and alternate state delegate vacancies shall be the sole responsibility of the state party organization in which such vacancies exist, subject to the provisions of this constitution and the bylaws.

Section 4. National Convention Sessions, Quorum, and Notice. Subdivision 1. Regular Sessions. There shall be regular sessions of the national convention. A regular session of the national convention shall be called once in each calendar year. The date(s) and location of each regular session shall be set by a majority vote of the national committee. Subdivision 2. Special Sessions. In addition to regular sessions, there may be special sessions of the national convention. A special session of the national convention may be called by a majority vote of the national committee. The date(s), and location, of each special session shall be set by the national committee. Subdivision 3. Quorum. The quorum for each regular or special session of the national convention shall be one-half of the delegates in attendance, exclusive of non-seated alternate delegates. Seated alternate delegates, as provided in Article III, Section 5, shall be counted for purposes of quorum. Subdivision 4. Notice. Previous notice of each regular and special session shall be given in writing, by means of a convention call. The call to a regular session of the national convention shall: a) be mailed by the national party secretary to each affiliated state party organization chairperson, each delegate of record, and each alternate delegate of record, not less than twenty days before the day the convention will be called to order; b) specify the date, hour, place, and proposed agenda of the session, and c) may contain other information and/or enclosures as may be provided by this constitution, the bylaws, and/or the directives of the national committee or executive committee.

Section 5. Delegate Votes. Only delegates that are properly registered, credentialed, and seated at a session of the national convention shall be eligible to vote at that session. There shall be no assigning of proxy votes or voting by proxy. No person shall hold more than one delegate seat. Each delegate shall have one and only one vote. No alternate delegate shall have a vote, except that in the absence of a state delegate, that delegate's alternate may be seated as a voting delegate in place of the absent delegate. Section 6. Record of Convention Proceedings. Each session of the national convention shall provide for the keeping of session minutes. The minutes and resolutions of each session of the national convention shall be recorded in writing, filed with national party secretary, and distributed to the chairperson of each affiliated state party organization. The minutes shall also be made available to each delegate upon request, and to members of the general public. The national party secretary may impose fees upon requesting individuals for the minutes, but such fees shall not exceed the actual cost of publishing and distributing the minutes. Such fees shall be payable to the national party and submitted to the national party treasurer. Section 7. Nomination and/or Endorsement Of Candidates. In presidential election years, the national convention shall nominate and/or endorse one candidate for President of the United States and one candidate for Vice President of the United States. The nominating and/or endorsing procedures shall be such as are provided in this constitution, and such as may be further provided in the bylaws and in the standing rules of the national convention. In a case where a nomination and/or endorsement is granted and the candidate relinquishes his or her nomination and/or endorsement, or the candidate withdraws from the race, dies, or becomes incapacitated, the national committee may grant national party nomination/and or endorsement to another candidate. Subdivision 1. Nomination of president and vice president. The names(s) of candidate(s) may be submitted to the National Committee's chairperson through the Presidential Search Committee 30 days prior to the National Convention. The National Committee's secretary shall submit the name(s) to the American Reform Party and affiliated party's respective state chairpersons with recommendations, if any. Convention delegates may make nominations from the floor of the convention as per rules adopted at the convention. To place a candidate's name in nomination from the floor it shall require a ten percent favorable vote of the seated delegates for the prospective candidate's name to placed in nomination. Convention delegates shall vote on candidates from the floor of the convention as per rules adopted at the convention. It shall require a majority favorable vote to win nomination. The vote shall be by open ballot and runoff(s) shall be held the same day. The name of the vice presidential candidate shall be announced by the presidential nominee no later than __ hours after the presidential nominee has been chosen. The vote shall be by open ballot and require a majority favorable vote. Section 8. Party Leadership Eligibility Affected By Candidate Relationships. No person who is a presidential or vice-presidential candidate, presidential or vice-presidential candidate campaign staff member (paid or unpaid), or an employee or family relative of any presidential or vice-presidential candidate, shall be eligible to serve on any national party committee, or in any national party office, except the office of state delegate or alternate state. Where a person is currently seated on any national party committee or in a national party office, and such a relationship develops with that person and a presidential or vice presidential candidate, that person's committee seat or party office shall be automatically deemed vacant on the day such a relationship develops.

 

Article IV
National Committee

Section 1. Existence. There shall be a national committee.
 
Section 2. Responsibilities, Duties, and Powers. The national committee shall be responsible for conducting the business and affairs of the national party between sessions of the national convention. The national committee shall: a) by two-thirds vote, adopt and amend the national party bylaws as it deems appropriate, and b) take other actions that are appropriate and necessary to carry on the successful operation of the national party, subject to the provisions of this constitution and the bylaws. The national committee shall be the second-highest governing body of the national party, subordinate to the national convention.

Section 3. Composition. The national committee shall be composed of: a) each member of the executive committee, and b) two representatives of each affiliated state party organization, who are selected in accordance with the rules of their state party organizations, and are so registered with the national party secretary. The national party officers shall serve as the officers of the national committee.

Section 4. Meetings. The national committee shall meet at least once in each calendar year, and may meet more often. A national committee meeting may be called by the national party chairperson, or by a petition signed by one-third of all national committee members. Such a petition shall be submitted to the national party secretary and shall specify the date(s), location, and proposed agenda of the meeting being called. Written notice of each national committee meeting shall be mailed to each national committee member by the national party secretary at least twenty days before the day the meeting will come to order. The proposed agenda of each national committee meeting shall be included with the meeting notice. The quorum for each meeting of the national committee shall be the majority of all national committee members.
 

Article V
Executive Committee


Section 1. Existence. There shall be an executive committee.

Section 2. Responsibilities, Duties, and Powers. The executive committee shall be responsible for conducting the day-to-day business of the national party between meetings of the national committee. The executive committee shall: a) coordinate the activities of the standing committees and special committees so as to maximize the efficiency, resources, and effect of those committees; b) provide the resources and administrative support the national convention and national committee require for their operation; c) provide for the safety and maintenance of all national party lists, books, and records if the office of national party secretary or national party treasurer is vacant; and d) take other actions that are appropriate and necessary to carry on the successful operation of the national party, subject to the provisions of this constitution and the bylaws. The executive committee shall be the third-highest ranking governing body of the national party, subordinate to the national committee and the national convention.

Section 3. Composition. The executive committee shall be composed of the national party officers and the chairperson of each standing committee. The national party officers shall serve as the officers of the executive committee.

Section 4. Meetings. The executive committee shall meet as often as is necessary to conduct its business. Executive committee meetings may be called by the national party chairperson, by a majority of the national party officers, or by petition of one-third of the executive committee members. Such a petition shall be submitted to the national party secretary and shall specify the date(s) and location of the meeting being called. Previous notice of each executive committee meeting shall be mailed to each executive committee member at least ten days before the day the meeting will be called to order. The proposed agenda of each executive committee meeting shall be included with the meeting notice. The proposed agenda for each executive committee meeting shall be prepared by the chairperson, officers, or executive committee members calling the meeting. The quorum for each meeting of the executive committee shall be the majority of all executive committee members.
 

Article VI
Standing Committees


Section 1. Existence. There shall be standing committees. The number, name, and purposes of the standing committees shall be such as may be provided in the bylaws.

Section 2. Responsibilities, Duties, and Powers. The responsibilities, duties, and powers of each standing committee shall be such as may be provided in the bylaws. Each standing committee shall report to and be subordinate to the executive committee, national committee and national convention. No standing committee shall be deemed to be of higher rank than any other standing committee. Each standing committee shall have certain advisory and/or administrative responsibilities, but no standing committee shall have national party rule-making or policy-making powers that extend beyond the standing committee itself. Where a standing committee determines that certain party rules, party policies, public policies, and/or party actions are in the best interests of the national party, that committee shall recommend those rules, policies, and/or actions to the executive committee, national committee, and/or the national convention as appropriate.

Section 3. Composition. Each standing committee shall have a chairperson, vice chairperson, and secretary. Each standing committee chairperson shall be elected to an indefinite term of office by a majority vote of the national committee. A standing committee chairperson may be removed without notice, and with or without cause, by majority vote of the national committee. Each standing committee member, including the standing committee vice chair and standing committee secretary, shall be appointed by and shall serve at the pleasure of his or her standing committee chairperson. No more than one-fourth of the members of a standing committee shall be members of the same state party organization.

Section 4. Standing Committee Chairs Seated On Executive Committee. Each standing committee chairperson shall be a member of the executive committee by virtue of his or her standing committee office. Where a standing committee chairperson is unavailable, the standing committee officers shall serve on the executive committee in their standing committee chairperson's place according to their order of succession.
 

Article VII
Special Committees


There shall be special committees.

The existence, purpose, structure, duration, duties, responsibilities, and powers of each special committee shall be such as may be provided in the bylaws, or as may be provided by resolution of the executive committee, subject to the bylaws. No special committee shall be deemed to be of higher rank than any standing committee. Each special committee shall be deemed to be of equal rank to all other special committees. No special committee shall exist for more than six consecutive months without being specifically re-established by proper action of an entity that is empowered to establish a special committee. A special committee may also be known as a research committee, task force, investigating committee, or other such name that describes the special committee's purpose.
 

Article VIII
National Officers


Section 1. Existence. There shall be six national party officers. The national party officers shall be the chairperson, vice chairperson, secretary, deputy secretary, treasurer and deputy treasurer.

Section 2. Responsibilities, Duties, and Powers. The responsibilities, duties, and powers of the national party officers shall be such as are provided in this constitution, the bylaws, and the parliamentary authority. Each national party officer shall report to the executive committee, national committee, and national convention. Each national party officer shall be subject to the proper actions and directives of those entities, and to the provisions of this constitution and the bylaws. No national party officer shall have any duties, responsibilities, or powers that are not explicitly and specifically stated in this constitution, the bylaws, or the parliamentary authority, or in any standing rules, special rules, resolutions or directives that may be properly adopted or issued by a national party entity.

Section 3. Election and Term of Office. Each national party officer shall be elected by majority vote of the national convention. National officer elections shall be held at each odd-numbered-calendar-year regular session of the national convention. The national party officer term of office shall begin thirty days after the adjournment of the odd-numbered-calendar-year regular convention, and shall continue through the twenty-ninth day following the adjournment of the subsequent odd-numbered-calendar-year regular convention. No person shall serve in the same national party officer seat for more than for more than six consecutive terms.

Section 4. Removal of National Officers. A national party officer may be removed from office, without notice, and with or without cause, by a two-thirds roll call vote of the national committee, or by a majority vote of the national convention.

Section 5. Vacancies. National party officer vacancies shall be filled by majority vote of the national convention. National officer vacancies may be temporarily filled by majority vote of the national committee. Each person elected as a temporary national party officer shall be so seated until the office in question is filled by majority vote the national convention, at which time the temporary officer shall immediately and automatically yield the office to his or her successor.

Section 6. Ex-Officio Status of the National Party Chairperson. The national party chairperson shall be an ex-officio member, as defined by the parliamentary authority, of all national party committees, except any nominations committee(s), special or standing, that may be established.
 

Article IX
State Party Organizations


Section 1. Existence and Recognition. There shall be affiliated state party organizations. Each affiliated state party organization shall be known as an affiliated state party organization by virtue of being formally recognized as such by a two-thirds vote of the national committee. No more than one affiliated state party organization shall be recognized in each state. Requests for such recognition shall be made by the appropriate state party organization official and addressed to the national party chairperson. Recognition as a state party organization may be revoked without notice, and with or without cause, by a two-thirds vote of the national committee. In national committee votes on the recognition or removal of state party organizations, a two-thirds vote shall be two-thirds of all national committee members, regardless of attendance at the meetings at which such votes are taken. After December 31, 1999, no state party organization shall be eligible to be recognized as an affiliated state party organization, that is affiliated with any national political party or organization purporting to be a national political party, other than the national political party established by this constitution.

Section 2. Responsibilities, Duties, and Powers. Each affiliated state party organization shall be responsible, in its state, for conducting all state-level party business, and providing for the successful operation of a major state political party, that is in keeping with the principles and object of the national party. Each affiliated state party organization shall be solely responsible, in its state, for adopting its state party platform, nominating and/or endorsing candidates for public office, and electing party officials, as provided in the affiliated state party organization's own rules.

Section 3. Eligibility. To be eligible for recognition as an affiliated state party organization, a state party organization must exist for the purpose of establishing itself and conducting itself as a major political party in its state, and must have completed, or must be in the process of completing, the following organizing milestones: a) democratically call and conduct a statewide caucus or convention, in accordance with the parliamentary authority, that adopts its state party constitution and/or bylaws (a/k/a articles, rules, charter, in some states); and b) elect state party leaders as provided in that constitution and/or bylaws.

Section 4. District of Columbia Deemed A State. For the purposes of recognition as an affiliated state party organization and participation in all national party activities, the District of Columbia shall be considered to be a state, having one state.

Section 5. State Party Requirements For Continuing Recognition. Each state party organization shall, as a condition of continuing recognition as an affiliated state party organization, meet such attendance, participation, and financial requirements as may be provided in the bylaws. Any such requirements that apply to one affiliated state party organization shall apply similarly and equally to all other affiliated state party organizations.
 

Article X
General Provisions


Section 1. Generally Accepted Accounting Principles. All financial and budget reports, given or approved by any national party entity or official shall be prepared and presented in keeping with generally accepted accounting principles.

Section 2. Dues and Fees. No dues, fees, or financial assessments shall be required or implemented which are not explicitly and specifically provided for in this constitution, the bylaws, or by proper action of the executive committee.

Section 3. Open Meetings and Books. All conventions and meetings of all national party entities, and the approved minutes of such conventions and meetings, including financial reports, shall be open to the public and to public inspection; except executive sessions and the minutes of executive sessions, as are defined and provided in the parliamentary authority.

Section 4. Proxy Voting Prohibited. There shall be no proxy voting or voting by proxy in any national party convention, meeting, or vote by mail.

Section 5. Vote By Mail Procedures. Votes by mail may be conducted by any national party committee. Vote by mail procedures shall be such as are provided in this constitution and as may be further provided in the bylaws. No vote by mail shall be conducted by secret ballot. Each vote by mail shall be an item of public record. Each vote by mail shall be tallied by a roll call vote. In a vote by mail, a majority vote shall be the majority of all possible votes, regardless of the number of ballots actually cast. No vote by mail shall substitute for or fulfill any meeting requirement any committee has under this constitution or under the bylaws. A committee vote by mail may be authorized by the committee chairperson. When so authorized, the vote by mail will be conducted by the committee secretary. Where a committee has no secretary, the committee chairperson shall appoint a committee secretary pro tem for the purpose of conducting the vote by mail.

Section 6. Def: Certain words used in this constitution and in national party operations are defined as follows: a) The words "mail" or "mailed" shall mean delivery of written party information via the First Class Mail service of the United States Postal Service, or via a delivery service or means that is as reliable or more reliable, and is as fast or faster than that of the First Class Mail service of the United States Postal Service. Such delivery services or means may include fax or e-mail, provided that both the sender and the recipient of the faxed or e-mailed information agree to the use of fax or e-mail for the delivery of official party information.
b) The words "proper" or "properly" shall mean in keeping with all applicable provisions of this constitution, the bylaws and the parliamentary authority, and in accordance with any special rules, standing rules, resolutions, and/or directives a national party entity may properly adopt or issue. c) The words "meet" or "meeting" shall be deemed to include meeting by teleconference, video conference, computer conference, Internet meeting, or other means that provide real-time, direct interaction by the participants, for which: a) proper meeting notice is given, b) official minutes are taken that document meeting attendance and all actions taken, c) all eligible meeting members have equal access to the technology and devices that will be used to conduct the meeting, and d) provisions are made for the meeting to be open to the public via the same technology and devices.

Section 7. Honors. Honorary national party titles or positions may be conferred upon individuals by resolution of the national convention.

Section 8. Severability. The provisions of this constitution and the provisions of the bylaws shall be severable and separately enforceable. Should any particular provision of this constitution or the bylaws be invalidated or declared void by proper authority, all other provisions of this constitution and all other provisions of the bylaws shall remain in full force and effect.

Section 9. Adherence To Law. The interpretation, meaning and effect to be given the provisions of this constitution and the bylaws shall not be inconsistent with federal and state law.
 

Article XI
Bylaws


Section 1. Existence. There shall be national party bylaws.

Section 2. Rank and Scope. The provisions of the bylaws shall be subject to the provisions of this constitution. In a case where a provision or provisions of the bylaws conflict with a provision or provisions of this constitution, the provision or provisions of this constitution shall prevail and the provision or provisions of the bylaws which so conflict shall be deemed null and void.

Section 3. Amendment of Bylaws. The bylaws may be adopted, amended, or rescinded by a two-thirds vote of the national committee or national convention. A national committee or national convention vote to amend the bylaws shall not be valid unless a precise written copy of the proposed amendment is included with the call or notice for the session of the convention or meeting at which the amendment will be proposed.
 

Article XII
Parlimentary Authority


The parliamentary authority of the national party shall be the current edition of The Scott, Foresman Robert's Rules of Order Newly Revised, which shall govern the national party in all cases to which they are applicable and in which they are not inconsistent with this constitution, the bylaws and any special rules or standing rules the national party may adopt.
 

Article XIII
Amendments


This constitution may be amended at any session of the national convention by a two-thirds vote of the convention, provided that previous notice and a precise written copy of the motion to amend this constitution is included in the call to the session of the convention at which the proposed amendment(s) will be put to a vote.
 

Article XIV
Amendment by Majority


Section 1. Effective Dates. The amendment shall take effect immediately and remain in effect until Jan. 1, 2001, at which time it shall expire and be removed from this constitution.

Section 2. Amending While This Article Is In Effect. Article XIII, entitled "Amendment" and Article XI, Section 3, entitled "Amendment of Bylaws" shall not be in effect. This constitution or the bylaws may be amended by a majority vote of the National Convention or the National Committee, as appropriate, provided that previous notice and a precise written copy of the motion to amend this constitution or bylaws is included in the call to the session of the convention or notice of the National Committee meeting at which the proposed amendment(s) will be put to a vote.

Section 3. National Conventions. These shall not be required to be held before 1999."

 




Bylaws for the American Reform Party Constitution, adopted by the National Committee on June 13, 1999.

ARTICLE I
Name To be defined in later bylaw versions. These bylaws, maintained by the national committee, supplement the constitution, maintained by the national convention.

ARTICLE III-V
These articles to be defined in later bylaw versions.

ARTICLE VI
Standing Committees

Section 1. There shall be two standing committees. The two standing committees are Outreach and Communications.

Section 2. Each standing committee chair shall be elected by the national committee. Each standing committee shall have a vice-chair and secretary appointed by the chair of the standing committee. The members and any additional officers of each standing committee shall be appointed by the chair of such standing committee.

Section 3. Each standing committee shall be subject to the provisions of the ARP Constitution, the provisions of these bylaws, the proper directives of the executive committee and national committee, and proper actions of the national convention. Each standing committee shall report to the executive committee, to the national committee, and to the national convention.

Section 4. Each standing committee shall meet as necessary to conduct the required business of their committee. Standing committee meetings may be called upon action of the standing committee chair or upon action of one-fourth of the standing committee members. Standing committees may conduct business in person, by mail, teleconference or other electronic media. Each standing committee may adopt such rules of operation as the standing committee members deem necessary to conduct committee business.

ARTICLE VI.1
Outreach Committee

The Outreach Committee shall be responsible for: developing new contacts; developing and implementing strategies to build and maintain the party as a major national political party; working with the various state contacts and organizations to build and maintain the party as a major political party within each state. The committee shall also obey the common standing committee commands specified in Article VI.

ARTICLE VI.2
Communications Committee

The Communications Committee shall be responsible for: developing and implementing plans to keep party members informed on various public and internal party issues; developing internal party communications links between the various committees and various state party organizations; exploring and utilizing the medium of the Internet for such communications. The committee shall also obey the common standing committee commands specified in Article VI.

ARTICLE VII-XI

These articles to be defined in later bylaw versions.

ARTICLE XII
Parliamentary Authority As stated in the constitution, the current edition of The Scott, Foresman Robert's Rules of Order Newly Revised shall be the parliamentary authority for committees.

ARTICLE XIII

Amendment Constitution article XI governs amendment of bylaws.