2004-05-15 RPKS By-Laws

By-Laws of the Reform Party of Kansas

revised January 29th, 2000
revised August 30th, 2003
revised May 15th, 2004

ARTICLE I. NAME AND MEMBERSHIP

Section 1. The name of this organization shall be the Reform Party of Kansas ("Party").
Section 2. A party member is any registered voter in the State of Kansas who is registered to vote in Kansas as affiliated with the Reform Party.
Section 3. Notwithstanding the provisions of Article I, Section 2 the Committee may provide additional or different membership requirements.
Section 4. Each Party member is entitled to participate in the official organization and activities of the Party to the extent provided by these By-laws.  Members eligible to vote at Party meetings shall be only those persons who have been continuously registered Party members in the State of Kansas for at least two months.  Questions regarding continuous registration will be adjudicated by the Executive Committee.
Section 5. These By-laws shall govern the organization, operation and functions of the Party.

ARTICLE II STATE EXECUTIVE COMMITTEE
Section 1. The State Executive Committee ("Committee") shall be the administrative body of the Party and shall manage the business and operations of the Party in accordance with these By- laws (or rules).
Section 2. The Committee shall consist of the State Party Officers, as defined in section 3 of this article, and article III, and one representative from each current congressional district in the State of Kansas as is seated in the U.S. House of Representatives.  Qualifications to serve as a representative shall be such that no person shall serve who has not been a continuously registered Party member in the State of Kansas for at least six (6) months and must reside within the congressional district the member is representing, and be such that no person shall serve as a State Party Officer who has not been a continuously registered Party member in the State of Kansas for at least 12 months.  All committee members shall serve without pay.
Section 3. The members of the State Executive Committee shall be comprised of the State Party Officers (Chairperson, Vice Chairperson, Secretary, and Treasurer), and one additional member from each of the four Kansas congressional districts.  The State Party Officers shall be the officers of the State Executive Committee and shall hold the same offices on the Executive Committee.
Section 4. Committee Members shall be elected at a state convention by a majority vote of the members present and shall serve two-year terms, except as provided in Article II, Section 9.  The terms of office of the Committee members shall be staggered so that the chairman, treasurer, and representatives from the odd numbered congressional districts are elected in even numbered years and the vice-chairman, secretary, and representatives from the even numbered congressional districts are elected in odd-numbered years.  The terms of office for these persons shall commence the day after their election.
Section 5. The Committee shall meet at least twice in each calendar year at times and places as designated by the chairperson.  The Committee may meet by telephone or other electronic means after adequate notice has been given by mail, telephone or other electronic means.
Section 6. The presence in person or by telephone or other electronic means of 50% of Committee members shall constitute a quorum for purposes of transacting business.
Section 7. Each Committee member shall have one vote.
Section 8. The recall of a Committee member may be initiated by 2/3rds of the Executive Committee members, as rounded, or by a recall petition signed by 5% of the registered Party members as indicated in the latest list of registered Party members obtained from the Secretary of State's Office.  The recall petition shall list the member being recalled and provide a printed copy of all signatories, their addresses: street, city, county, zip code, and signature of the party member desiring the recall.  A recall vote will be taken at the Party meeting wherein the Executive Committee presents the proposed recall, or verified petition, requiring a 3/5ths majority vote, as rounded, to carry and remove the member from office.
Section 9. No individual may serve more than two (2) consecutive terms in the same elected Committee office.
Section 10. The Committee shall call and hold a meeting of the membership in each year, providing timely notice in the media of general circulation in the State of Kansas.

ARTICLE III: STATE PARTY OFFICERS
Section 1. The State Party officers shall be a Chairperson, a Vice-Chairperson, a Secretary, and a Treasurer. All officers shall be Committee Members.  Officers shall serve without pay.
Section 2. State Party officers and the additional Executive Committee members from the four congressional districts shall be elected by majority vote of the Party members present at a State Party Convention.  The terms of office for these persons shall commence the day after their election and continue for a period of two years.  No person shall serve for more than two consecutive elected two-year terms in the same elected office.
Section 3. The Chairperson shall be the chief executive officer and shall have general supervision of the business and activities of the Party, subject to the general direction of the State Executive Committee.  The Chairperson shall preside over all meetings of the Committee and the state convention.
Section 4. The Vice-Chairperson shall perform all the duties of the Chairperson in the Chairperson's absence or disability.  In the event of a vacancy in the office of the Chairperson, the Vice-Chairperson shall become Chairperson for the remainder of the Chairperson's term.  In the event of a vacancy in the office of Vice Chairperson, a new Vice-Chairperson shall be elected by the Committee from among its members.  In the event of a vacancy of any other Committee member the Committee shall elect a replacement.  The term of a Committee member appointed to fill a vacancy on the Committee shall be coterminous with the term which the replaced Committee member had been entitled.  In the event of a vacancy of a member of one of the congressional districts the Committee shall select a replacement from the same congressional district.
Section 5. The Secretary shall maintain all records of the Committee and of the Party and shall turn over at the end of the term of office all records and documents associated with the office of Secretary to the Committee.  In the event of a vacancy in the office of Secretary, a new Secretary shall be elected by the Committee.
Section 6. The Treasurer shall keep and maintain, or cause to be kept and maintained, adequate and correct accounts of all business transactions of the Party, shall have access to the financial records of the Party, shall prepare and deliver at each Committee meeting a report on the financial affairs of the Party, and shall turn over at the end of the term of office all records and documents associated with the Office of Treasurer to the Committee.  The Committee members collectively shall have access to financial and all other Party records.  In accord with the duties, the Treasurer shall maintain an account with a bank located in Kansas for the deposit and expenditures of Party funds.  All deposits and spending not in the ordinary course of Party business must be approved by affirmative vote of the Committee.  From time to time, and as requested by the Committee, the Treasurer shall report to the Committee and provide an accounting of the Party's financial condition and transactions, and shall ensure that an audit of the Party's financial matters is conducted once every two calendar years.  The Treasurer shall also be responsible for maintaining compliance with applicable laws regarding all campaign finance matters and file required Federal Election Commission (FEC) and State forms.  In the event of a vacancy in the office of Treasurer, a new Treasurer shall be elected by the Committee.
Section 7. The State Party officers, upon approval of the Committee, may employ staff, enter into contracts, conduct campaigns for the Party and for its candidates for public office and appoint committees necessary to carry out the duties of their respective offices.
Section 8. The Chairperson of the Party shall serve as liaison to the State of Kansas on all matters relating to the Party's relationship with the state, except as otherwise explicitly provided by Kansas law.
Section 9. Except to the extent otherwise required by Kansas law, the Chairperson and Secretary of the Party shall immediately file a full and complete list under oath and acknowledged by a notary public, of any and all persons elected or appointed by the Party, the Committee or its officers with the relevant office of the State of Kansas, excluding those appointed under Article III, Section 7 to carry out non-political duties in the ordinary course of business.

ARTICLE IV: PARTY PLATFORM, CANDIDATE NOMINATION AND ENDORSEMENT

Section 1. The Party shall hold a state convention in each even-numbered year if required by Kansas law, or should the Committee in its discretion deem such convention necessary.  Each convention shall be called and conducted in accordance with Kansas law.
Section 2. Candidates who are willing to run for state or local office will be nominated and voted upon by the nominating caucus.  If there are two or more nominees for one position, the candidate selected will have a clear majority of the vote (half plus one) rather than merely a plurality.  If no nominee receives at least half the votes plus one, the nominee with the least votes is removed from consideration, and the vote is repeated.  If nominees tie for the least votes, then none are removed from consideration, unless such a tie happens three times in succession, at which point one or more coin-tosses will decide which one nominee to remove from consideration.  Should a candidate die, or withdraw his/her candidacy for any reason, or should become ineligible for any reason, the Chairman of the party may call for a party district convention to select a substitute candidate in accordance with state law.  All registered Party members in the appropriate district will be given at least one week's written notice of the district convention.  The chairman of the party or his/her designate will chair the meeting and, with the designated secretary, submit the appropriate documentation to the Secretary of State so that the ballots may be changed.
Section 3. In the event that the nominating caucus is unable to complete its work in one session, it may, by a majority vote of the membership present, be adjourned to be continued at a later session before the filing deadline to present the list of candidates to the Kansas Secretary of State.
Section 4. The convention held pursuant to Section 1 shall adopt a party platform.
Section 5. The Committee shall promulgate rules for the conduct of the convention.  The Committee, or the secretary of the convention as appropriate, shall ensure that timely notice in general circulation media in the State of Kansas of the time, place and location of the convention is made available to the Party membership.

ARTICLE V: PRESIDENTIAL AND VICE PRESIDENTIAL CANDIDATE SELECTION
Section 1. The presidential and vice presidential candidates of the Reform Party of Kansas shall be the Reform Party candidates for president and vice president selected at the national nominating convention.  To this end the Reform Party of Kansas shall take all necessary steps to cause the names and addresses of these candidates to be certified to the State of Kansas as provided by Kansas law and to otherwise ensure that the names of these candidates appear for these offices on the general election ballot in Kansas.

Section 2. Should either the Reform Party candidate for president or the Reform Party candidate for vice president die or withdraw before the general election, the Reform Party of Kansas candidate for such office shall be chosen by the Reform Party of the United States to replace the withdrawn or deceased candidate.  To this end, the Reform Party of Kansas shall take all necessary steps to cause the name and address of the replacement candidate, as well as all other information related to him required by the State of Kansas to be certified and submitted to the State of Kansas as required by Kansas law, and to otherwise ensure that the name of the replacement candidate shall appear on the general election ballot in Kansas as the Reform Party candidate for the office for which the national party has chosen him.  Should both the Reform Party candidate for president and the Reform Party candidate for vice president die or withdraw before the general election, the Reform Party of Kansas candidates for these offices shall be the candidates chosen by the Reform Party of the United States to replace the withdrawn or deceased candidates.  To this end, the Reform Party of Kansas shall take all necessary steps to cause the names and addresses of the replacement candidates, as well as all other information related to them required by the State of Kansas, to be certified and submitted to the State of Kansas as required by Kansas law, and to otherwise ensure that the name of the replacement candidates shall appear on the general election ballot in Kansas as the Reform Party candidates for the offices for which the national party has chosen them.
Section 3. The Reform Party of Kansas Executive Committee may decide, by a 3/4 vote, that the presidential and/or vice presidential candidates selected by the National Reform Party nominating convention would be deleterious to the reputation of the Reform Party of Kansas.  If this is decided, then the Reform Party of Kansas may proceed as if no presidential and/or vice-presidential candidates were so selected.  Deleterious impacts include, but are not limited to: 1) adversely affecting the party's goals of retaining ballot access, attracting new members to join the party, attracting candidates to run on party's ballot, and encouraging voters to vote for the party's candidates, or 2) serious incompatibilities between the selected candidate's and the party's platform positions.
Section 4. For the possibility that no Reform Party candidates for president and/or vice president are selected by the National Reform Party nominating convention, the Reform Party of Kansas membership at the nominating caucus may nominate and vote for alternate presidential and vice presidential candidates to present to the Kansas Secretary of State by the filing deadline rather than leave these positions unfilled.  The vote ratio required will be the same required for other (state or local) candidates.
Section 5. The chairperson, after consulting with the members of the Executive Committee, shall prepare and transmit to the State of Kansas, in accordance with Kansas law, a list of nominees for president and vice presidential electors and alternate electors.  Such nominees shall be nominated in accordance with Kansas law.
Section 6. Should a nominated elector candidate withdraw, die or become disabled before the general election, the State Executive Committee will designate a replacement and certify to the appropriate elections officials a replacement as provided by Kansas law.
Section 7. No United States senator nor representative in Congress, nor any person holding an office of trust or profit of the United States, may be nominated as a candidate for presidential elector.  All nominees for electors must be registered voters of the State of Kansas and Reform Party members and must meet all other requirements of Kansas law regarding presidential electors.

ARTICLE VI: AMENDMENTS TO BY-LAWS (OR RULES)

Section 1. An amendment to the By-laws may be initiated by 3/4 of the members of the Executive Committee or by a petition signed by 10% of the registered Party members.  The petition must clearly state the full context of the initiative and contain the name, address, precinct, telephone number, and signature of each petition signer.  All petition signatories must be on the current list of persons registered with the Reform Party of Kansas.  All initiatives are subject to compliance with state and federal laws regarding political parities.  A vote will be taken at the next state convention which will require a 2/3 vote of the
members present.
Section 2. Any amendment to be considered by the Committee must be submitted in writing to the Chairperson at least ten (10) days prior to the meeting of the Committee at which the amendment is to be considered.  The Chairperson shall submit the amendment to the Secretary, who shall notify all Committee Members of the proposed amendment at least five (5)
days prior to the meeting at which the amendment is to be considered.

ARTICLE VII: PARLIAMENTARY PROCEDURE
Section 1. All Committee meetings and the state convention shall be conducted in accordance with Robert's Rules of Order with the exception that no proxy votes will be permitted.  If there is any conflict between Robert's Rules of Order and these By-laws then these By-laws will take precedence.

ARTICLE VIII: COUNTY AND LOCAL ORGANIZATION
Section 1. The Reform Party of Kansas shall undertake all other organizational measures necessary to comply with Kansas law.

ARTICLE IX. NATIONAL COMMITTEE MEMBERS
Section 1. The three National Committee members from the state of Kansas shall be elected by a majority vote of the Party members present at a state convention in even numbered years and shall serve two-year terms.  These persons shall have been registered Party members in the state of Kansas for 6 (six) months and shall serve without pay.

ARTICLE X. DELEGATES TO A NATIONAL CONVENTION
Section 1. The delegates to a national convention shall consist of one Party member from each congressional district in the State of Kansas as is currently seated in the U.S. House of Representatives, who must also reside within said district, and three Party members at-large from among the statewide membership.  Each delegate may have an alternate delegate.

Delegates and alternate delegates shall hold the same qualifications and be elected in the same manner, which shall be by a majority vote of the properly registered Party members present at a State convention or caucus.
Section 2. In the event that no or too few delegates or alternate delegates are elected as per Section 1 of this Article, or if elected delegates or alternate delegates are not able to attend the national convention, the State Chair shall have the power to appoint a delegate or alternate delegate, as needed, provided that 3/5ths (three fifths) of the Executive Committee, as rounded, concur by vote of approval or affirmation of appointment, which may be done by teleconference or other electronic means as speed of necessity may dictate, with a follow up means of recording said vote or affirmation sent to the State Chair in written or email form to occur within 10 business days of said appointment.

ARTICLE XI: MISCELLANEOUS
Section 1. Should any of the foregoing provisions or any part conflict with the requirements of Kansas or federal laws, these bylaws are hereby automatically amended to conform with the requirements of law and to provide the Party authority to act accordingly.
Section 2. Should any of the foregoing provisions or any part thereof be declared invalid by the State of Kansas for any reason such invalidity shall not affect any other term or provision thereof.  These invalid By-laws (or rules) shall be interpreted and construed as if such provision or part thereof had never been contained herein.

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