• Article I – Authority
• Article II – Name of the Party
• Article III – Membership of the Party
• Article IV – Organization of the Party
Section 1 –
State Convention
Section 2 – State Central Committee
Section 3 – State Executive Committee
Section 4 – Congressional District Organizations
Section 5 – Officers of the Party
Section 2 – State Central Committee
Section 3 – State Executive Committee
Section 4 – Congressional District Organizations
Section 5 – Officers of the Party
A. Titles
B. Functions
B. Functions
1. State Chair
2. Associate Chairs
3. National Committee Representatives
4. State Treasurer
5. State Secretary
6. Congressional District Chairs
7. Congressional District Associate Chairs
2. Associate Chairs
3. National Committee Representatives
4. State Treasurer
5. State Secretary
6. Congressional District Chairs
7. Congressional District Associate Chairs
A. Non-Metropolitan Counties
B. Metropolitan Counties
C. Area Conventions
• Article V –
VacanciesB. Metropolitan Counties
C. Area Conventions
• Article VI – Affiliated Organizations
• Article VII – Amendments
• Article VIII – No Proxy or Unit Rule Vote
• Article IX – Procedures
• Article X – Removal of Officers
BYLAWS
• Bylaw 1 - State Convention
1.1 - General
1.2 - Quorums, Majorities, Percentages
1.3 - Committees
1.4 - Rules of Order
1.5 - Voting
• Bylaw 2 -
Congressional District Organization1.2 - Quorums, Majorities, Percentages
1.3 - Committees
1.4 - Rules of Order
1.5 - Voting
2.1 Time and Place of
Congressional District Caucuses
2.2 Certification of Delegates Entitled to Vote at District Caucus
2.3 Credentials - How Settled
2.4 Nomination for Presidential Elector
2.5 Selection of State Convention Committee Members
2.6 Voting
2.7 Resolution
2.8 State Rules of Order Govern
• Bylaw 3 - County
Organization2.2 Certification of Delegates Entitled to Vote at District Caucus
2.3 Credentials - How Settled
2.4 Nomination for Presidential Elector
2.5 Selection of State Convention Committee Members
2.6 Voting
2.7 Resolution
2.8 State Rules of Order Govern
3.1 Convention
3.2 Election of County Officers and Committee
3.3 Filling County Chair GVacancy
3.4 Gender Balance
• Bylaw 4 -
Democratic National Committee3.2 Election of County Officers and Committee
3.3 Filling County Chair GVacancy
3.4 Gender Balance
4.1 Election of National
Committeeman and National Committee Woman
4.2 State Chair and First Associate Chair
4.3 Other Elected or Appointed Members
4.4 Vacancies
4.5 Certification of Elections
• Bylaw 5 - State
Central Committee4.2 State Chair and First Associate Chair
4.3 Other Elected or Appointed Members
4.4 Vacancies
4.5 Certification of Elections
5.1 Duties and Powers
5.2 Compostition
5.3 Officers
5.4 Terms
5.5 Quorum
5.6 Meetings
5.7 Affiliated Caucus Organizations
5.8 Officer Vacancies
5.9 State Executive Committee
5.10 Committees
5.11 Handling of State Party Finances
5.12 Coordinated Campaigns
• Bylaw 6 -
Eligibility for Ballot5.2 Compostition
5.3 Officers
5.4 Terms
5.5 Quorum
5.6 Meetings
5.7 Affiliated Caucus Organizations
5.8 Officer Vacancies
5.9 State Executive Committee
5.10 Committees
5.11 Handling of State Party Finances
5.12 Coordinated Campaigns
6.1 It is contrary to the policy
of the Nebraska Democratic Party for the name of any person . . .
6.2 In the absence of any statute specifically denying the right of the Nebraska Democratic Party to . . .
• Bylaw 7 - Party
Resources6.2 In the absence of any statute specifically denying the right of the Nebraska Democratic Party to . . .
7.1 Defined
7.2 Use
7.3 Withholding Resources
• Bylaw 8 -
Amendment of the Bylaws7.2 Use
7.3 Withholding Resources
8.1 Any Bylaw may be amended . .
.
8.2 Any Section contained in Bylaw 5, SCC, may be amended . . .
8.3 Unless specified otherwise in a sction, general rules of procedure . . .
8.2 Any Section contained in Bylaw 5, SCC, may be amended . . .
8.3 Unless specified otherwise in a sction, general rules of procedure . . .
PREAMBLE
We, the members of the Nebraska Democratic Party in order to advance the principles of social justice and democracy, to uphold human and civil rights and constitutional government, to affiliate with and advance the interests of the National Democratic Party, to aid in the election of Democratic officials, and to organize and perpetuate a representative and effective party organization in the State of Nebraska, do establish this constitution for the Nebraska Democratic Party.
ARTICLE I - AUTHORITY
This Constitution supercedes any and all other previous constitutions and/or Bylaws and/or procedures of the Nebraska Democratic Party. This Constitution is the supreme governing document of the Nebraska Democratic Party unless in violation of any Nebraska election law, United States election laws, charter, bylaws and Bylaws or procedures of the Democratic National Committee, in which case it is superceded.
ARTICLE II - NAME OF THE PARTY
The name of this organization shall be the Nebraska Democratic Party.
ARTICLE III - MEMBERSHIP OF THE PARTY
All registered Democrats who are residents of the State of Nebraska are members of this party.
ARTICLE IV - ORGANIZATION OF THE PARTY
Section 1. State Convention.
A. Authority.
The State Convention is the supreme governing body of the Nebraska Democratic Party. The State Chair shall call a biennial convention during general election years on a date approved by the State Central Committee.
B. Membership.
Delegates to the State Convention shall be apportioned equitably by the State Central Committee under Bylaws of the Nebraska Democratic Party and elected at the biennial general election year County Conventions. In addition, elected officers of the Nebraska Democratic Party shall be automatic delegates to the State Convention.
C. Functions.
The State General Election Convention shall adopt a party platform, elect the State Chair and the two Associate State Chairs to assume office at the State Central Committee meeting immediately following the General Election, elect the National Committeeman and National Committeewoman when necessary, elect State Central Committee representatives, and transact such other business as may be prescribed by law or may come before the convention.
The State Convention is the supreme governing body of the Nebraska Democratic Party. The State Chair shall call a biennial convention during general election years on a date approved by the State Central Committee.
B. Membership.
Delegates to the State Convention shall be apportioned equitably by the State Central Committee under Bylaws of the Nebraska Democratic Party and elected at the biennial general election year County Conventions. In addition, elected officers of the Nebraska Democratic Party shall be automatic delegates to the State Convention.
C. Functions.
The State General Election Convention shall adopt a party platform, elect the State Chair and the two Associate State Chairs to assume office at the State Central Committee meeting immediately following the General Election, elect the National Committeeman and National Committeewoman when necessary, elect State Central Committee representatives, and transact such other business as may be prescribed by law or may come before the convention.
Section 2. State Central Committee
A. Authority.
The State Central Committee shall be the policy-making body of the state party during the interim between state conventions, and shall be responsible for the implementation of the party platform and policy. The State Central Committee shall have the authority to adopt and revise Bylaws governing its organization.
B. Membership.
Membership shall include State party officers, State Executive Committee voting members and delegates and alternates from counties as apportioned by the State Central Committee according to the Bylaws of the Nebraska Democratic Party. Membership shall be limited to active Party members.
C. Meetings.
The State Central Committee shall meet a minimum of four times per year. Two absences without notification during a two-year period will constitute forfeiture of office. The times and places of regular meetings shall be fixed by the State Chair. Special meetings may be called by the State Chair or by a petition of State Central Committee members in a manner consistent with the Bylaws of the State Party. A quorum shall consist of 40 percent of the membership.
D. Committee.
The State Central Committee shall have the authority to establish standing or special committees as prescribed under the Bylaws of the Party.
The State Central Committee shall be the policy-making body of the state party during the interim between state conventions, and shall be responsible for the implementation of the party platform and policy. The State Central Committee shall have the authority to adopt and revise Bylaws governing its organization.
B. Membership.
Membership shall include State party officers, State Executive Committee voting members and delegates and alternates from counties as apportioned by the State Central Committee according to the Bylaws of the Nebraska Democratic Party. Membership shall be limited to active Party members.
C. Meetings.
The State Central Committee shall meet a minimum of four times per year. Two absences without notification during a two-year period will constitute forfeiture of office. The times and places of regular meetings shall be fixed by the State Chair. Special meetings may be called by the State Chair or by a petition of State Central Committee members in a manner consistent with the Bylaws of the State Party. A quorum shall consist of 40 percent of the membership.
D. Committee.
The State Central Committee shall have the authority to establish standing or special committees as prescribed under the Bylaws of the Party.
Section 3. State Executive Committee.
A. Authority.
The State Executive Committee shall be authorized to execute the policies and procedures of the State Central Committee during the interim between State Central Committee meetings. The State Executive Committee shall be responsible ultimately to the State Central Committee, for its actions.
B. Membership.
The State Executive Committee shall consist of the following as voting members of the Committee:
The State Executive Committee shall be authorized to execute the policies and procedures of the State Central Committee during the interim between State Central Committee meetings. The State Executive Committee shall be responsible ultimately to the State Central Committee, for its actions.
B. Membership.
The State Executive Committee shall consist of the following as voting members of the Committee:
1. All Officers of the Party as
provided in Article IV, Section 5 of this Constitution;
2. A designated representative from each Democratic Party Affiliated Caucus Organization recognized as such by the State Central Committee as provided in the By-Laws, and each representative shall be designated by the represented Caucus ;
3. A representative of the County Chairs who is elected by a caucus of County Chairs;
4. If appointed, the Finance Chair and/or two At-Large members who shall be nominated by the State Chair and confirmed by the State Central Committee, said members to serve at the pleasure of the State Chair.
The By-Laws of the Party may provide for ex-officio, non-voting members of the State Executive Committee.
2. A designated representative from each Democratic Party Affiliated Caucus Organization recognized as such by the State Central Committee as provided in the By-Laws, and each representative shall be designated by the represented Caucus ;
3. A representative of the County Chairs who is elected by a caucus of County Chairs;
4. If appointed, the Finance Chair and/or two At-Large members who shall be nominated by the State Chair and confirmed by the State Central Committee, said members to serve at the pleasure of the State Chair.
The By-Laws of the Party may provide for ex-officio, non-voting members of the State Executive Committee.
C. Meetings.
The State Executive Committee shall meet at least quarterly. The times and places of regular meetings shall be fixed by the State Chair. Special meetings may be called by the State Chair or by a petition of the State Executive Committee members in a manner consistent with the Bylaws of the State Party. A quorum shall consist of 50 percent of the voting membership.
Section 4. Congressional District Organization.
A. Authority.
The Congressional District Organization shall implement policies and programs of the State Party within each Congressional District. The organization shall also aid in the election of all candidates who are members of and subscribe to the principles of the Democratic Party in Nebraska.
B. Membership.
Delegates and alternates to the State Convention shall automatically become members of the Congressional District Organization of the District in which they reside. All State Central Committee members and all County Officers shall also automatically become members of the organization of the district in which they reside.
C. Meetings.
The District Chair of each District Organization shall call a meeting of the full membership once every twelve (12) months. Special meetings may be called by the Congressional District Chair of each District, or by petition of Congressional District Organization members in a manner consistent with the Bylaws of the state Party. A quorum may be set in accordance with Roberts Rules of Order.
The Congressional District Organization shall implement policies and programs of the State Party within each Congressional District. The organization shall also aid in the election of all candidates who are members of and subscribe to the principles of the Democratic Party in Nebraska.
B. Membership.
Delegates and alternates to the State Convention shall automatically become members of the Congressional District Organization of the District in which they reside. All State Central Committee members and all County Officers shall also automatically become members of the organization of the district in which they reside.
C. Meetings.
The District Chair of each District Organization shall call a meeting of the full membership once every twelve (12) months. Special meetings may be called by the Congressional District Chair of each District, or by petition of Congressional District Organization members in a manner consistent with the Bylaws of the state Party. A quorum may be set in accordance with Roberts Rules of Order.
Section 5. Officers of the Party.
A. Titles.
The following are the officers of the Nebraska Democratic Party: State Chair, First Associate Chair, Second Associate Chair, National Committeeman, National Committeewoman, Congressional District Chairs and Associate Chairs (of the opposite sex) of the respective Congressional Districts, State Secretary, and State Treasurer.
B. Functions.
The following are the officers of the Nebraska Democratic Party: State Chair, First Associate Chair, Second Associate Chair, National Committeeman, National Committeewoman, Congressional District Chairs and Associate Chairs (of the opposite sex) of the respective Congressional Districts, State Secretary, and State Treasurer.
B. Functions.
1. State Chair. The State Chair is
the Executive officer of the State Party, and shall be elected by
accredited delegates assembled in the State Convention. The State Chair
shall carry out all policies and programs of the State Party as
determined by the State Convention, the State Central Committee, and/or
the State Executive Committee. The State Chair shall also do everything
to initiate, to organize and/or promote development of the state Party
at every level throughout the State, and shall perform all other such
duties as are prescribed elsewhere in this Constitution and/or in the
Bylaws of the Nebraska Democratic Party.
2. Associate Chair. The Two Associate Chairs shall be elected by the accredited delegates assembled in the State Convention. The First Associate Chair shall be of the sex opposite from that of the State Chair and shall assume temporarily the duties of the State Chair in the event of a vacancy in that office. Both Associate Chairs shall assist the Chair in carrying out the functions and duties of the Chair’s office.
3. National Committee Representatives. The National Committeeman and National Committeewoman shall be elected by the accredited delegates assembled in the State Convention each presidential election year for a four-year term. The National Committee representatives shall reflect the State Party philosophy to the National Committee, shall act as liaisons between the State and National Parties, shall use their public visibility to the best advantage and aid of the State Party and in soliciting financial support for it, and shall perform all other duties as are prescribed by the Nebraska Democratic Party, and by the Bylaws and procedures of the Democratic National Committee.
4. State Treasurer. The State Treasurer shall be nominated by the State Chair and be confirmed by the State Central Committee. The State Treasurer shall act as custodian of all party monies and shall be responsible for all federal and state reporting procedures. In conjunction with the Finance Committee, the State Treasurer shall assist the State Chair, State Central Committee, and State Executive Committee in the preparation of an annual budget, in periodic budget revisions, and to insure the financial stability of the Democratic Party.
5. State Secretary. The State Secretary shall be nominated by the State Chair and confirmed by the State Central Committee. The State Secretary shall be responsible for transcribing and disseminating the official record of all Party business, whether before the State Convention, the State Central Committee, or the State Executive Committee.
6. Congressional District Chair. The congressional District Chair is the executive officer of the Congressional District Organization, and shall be elected by the accredited delegates assembled in the Congressional District Caucus. The Congressional District Chair shall carry out all policies and programs of the state Party as determined by the State Convention, the State Central Committee, the State Executive Committee, and the Congressional District Organization. The Congressional District Chair shall also do everything possible to initiate, to organization and/or to promote development of the Congressional District Organization in cooperation with the State Chair, and shall perform all other such duties as are prescribed elsewhere in this Constitution and in the Bylaws of the Nebraska Democratic Party.
7. Congressional District Associate Chair. The Congressional District Associate Chair shall be of the sex opposite the Congressional District Chair, and shall be elected by the accredited delegates assembled in the Congressional Caucus. The Congressional District Associate Chair shall assist the Congressional District Chair and assume temporarily the duties of the Congressional District Chair in the event of a vacancy in that office.
2. Associate Chair. The Two Associate Chairs shall be elected by the accredited delegates assembled in the State Convention. The First Associate Chair shall be of the sex opposite from that of the State Chair and shall assume temporarily the duties of the State Chair in the event of a vacancy in that office. Both Associate Chairs shall assist the Chair in carrying out the functions and duties of the Chair’s office.
3. National Committee Representatives. The National Committeeman and National Committeewoman shall be elected by the accredited delegates assembled in the State Convention each presidential election year for a four-year term. The National Committee representatives shall reflect the State Party philosophy to the National Committee, shall act as liaisons between the State and National Parties, shall use their public visibility to the best advantage and aid of the State Party and in soliciting financial support for it, and shall perform all other duties as are prescribed by the Nebraska Democratic Party, and by the Bylaws and procedures of the Democratic National Committee.
4. State Treasurer. The State Treasurer shall be nominated by the State Chair and be confirmed by the State Central Committee. The State Treasurer shall act as custodian of all party monies and shall be responsible for all federal and state reporting procedures. In conjunction with the Finance Committee, the State Treasurer shall assist the State Chair, State Central Committee, and State Executive Committee in the preparation of an annual budget, in periodic budget revisions, and to insure the financial stability of the Democratic Party.
5. State Secretary. The State Secretary shall be nominated by the State Chair and confirmed by the State Central Committee. The State Secretary shall be responsible for transcribing and disseminating the official record of all Party business, whether before the State Convention, the State Central Committee, or the State Executive Committee.
6. Congressional District Chair. The congressional District Chair is the executive officer of the Congressional District Organization, and shall be elected by the accredited delegates assembled in the Congressional District Caucus. The Congressional District Chair shall carry out all policies and programs of the state Party as determined by the State Convention, the State Central Committee, the State Executive Committee, and the Congressional District Organization. The Congressional District Chair shall also do everything possible to initiate, to organization and/or to promote development of the Congressional District Organization in cooperation with the State Chair, and shall perform all other such duties as are prescribed elsewhere in this Constitution and in the Bylaws of the Nebraska Democratic Party.
7. Congressional District Associate Chair. The Congressional District Associate Chair shall be of the sex opposite the Congressional District Chair, and shall be elected by the accredited delegates assembled in the Congressional Caucus. The Congressional District Associate Chair shall assist the Congressional District Chair and assume temporarily the duties of the Congressional District Chair in the event of a vacancy in that office.
Section 6. County Conventions.
A. Non-Metropolitan Counties.
Non-Metropolitan counties, as defined in the Bylaws of the Nebraska Democratic Party, shall hold a county convention in the manner proscribed by law. In the event that insufficient delegates to a County Convention have been elected in the Primary Election in any county, it shall be the duty of the County Chair to exercise his or her best efforts to provide for the election, appointment, or designation of delegates or to convene precinct caucuses in the manner provided by law. The State Central Committee may authorize the State Chair to set the date for any precinct caucuses. The entire County Convention shall elect a County Chair, Associate Chair (of the opposite sex), Secretary, treasurer and any other officers deemed necessary by the County Chair; shall elect delegates and alternates to the State Convention; may adopt a county platform and transact other such business as may come before it.
B. Metropolitan Counties.
Metropolitan counties as defined by the Bylaws of the Nebraska Democratic Party shall hold a county convention and designate delegates to such convention in the manner proscribed by law, and shall convene as follows. Precinct delegates shall convene in precinct or ward delegations. Each Legislative District shall caucus and elect delegates and alternates to the State Convention. The entire County Convention shall elect a County Chair, Associate Chair (of the opposite sex), Secretary, Treasurer, and any other officers deemed necessary by the County Chair. The County Convention may adopt a County Platform and transact other such business as may come before it.
C. Area Conventions.
Area conventions of two or more counties of sparse population may be held with prior notice to the State Central Committee.
Non-Metropolitan counties, as defined in the Bylaws of the Nebraska Democratic Party, shall hold a county convention in the manner proscribed by law. In the event that insufficient delegates to a County Convention have been elected in the Primary Election in any county, it shall be the duty of the County Chair to exercise his or her best efforts to provide for the election, appointment, or designation of delegates or to convene precinct caucuses in the manner provided by law. The State Central Committee may authorize the State Chair to set the date for any precinct caucuses. The entire County Convention shall elect a County Chair, Associate Chair (of the opposite sex), Secretary, treasurer and any other officers deemed necessary by the County Chair; shall elect delegates and alternates to the State Convention; may adopt a county platform and transact other such business as may come before it.
B. Metropolitan Counties.
Metropolitan counties as defined by the Bylaws of the Nebraska Democratic Party shall hold a county convention and designate delegates to such convention in the manner proscribed by law, and shall convene as follows. Precinct delegates shall convene in precinct or ward delegations. Each Legislative District shall caucus and elect delegates and alternates to the State Convention. The entire County Convention shall elect a County Chair, Associate Chair (of the opposite sex), Secretary, Treasurer, and any other officers deemed necessary by the County Chair. The County Convention may adopt a County Platform and transact other such business as may come before it.
C. Area Conventions.
Area conventions of two or more counties of sparse population may be held with prior notice to the State Central Committee.
Section 7. Congressional District Caucuses.
A. Meetings.
The State Chair shall call for Congressional District Caucuses to be held at the State Convention and each State Central Committee meeting. The time and place of each shall be established by the Bylaws of the State Party.
B. Membership.
Membership at the State Convention caucus shall include the delegates and alternates serving in the place of accredited delegates to the State Convention who reside in each respective district. Membership at State Central Committee meeting shall include the delegates and alternates serving in the place of accredited delegates to the State Central Committee who reside in each respective district.
C. Business.
The Caucuses shall convene to prepare for the business of the State Convention and/or State Central Committee meeting in a manner consistent with the Bylaws of the Nebraska Democratic Party. Caucus business shall include the election of a Congressional District Chair; election of standing or special committee members; and any other business as may come before it.
The State Chair shall call for Congressional District Caucuses to be held at the State Convention and each State Central Committee meeting. The time and place of each shall be established by the Bylaws of the State Party.
B. Membership.
Membership at the State Convention caucus shall include the delegates and alternates serving in the place of accredited delegates to the State Convention who reside in each respective district. Membership at State Central Committee meeting shall include the delegates and alternates serving in the place of accredited delegates to the State Central Committee who reside in each respective district.
C. Business.
The Caucuses shall convene to prepare for the business of the State Convention and/or State Central Committee meeting in a manner consistent with the Bylaws of the Nebraska Democratic Party. Caucus business shall include the election of a Congressional District Chair; election of standing or special committee members; and any other business as may come before it.
ARTICLE V - VACANCIES
When a vacancy occurs, it shall be filled at the following State Central Committee meeting in the following manner:
A. State Chair, Associate Chairs, or
National Committee Representatives shall be replaced by election
by the State Central Committee as directed in the Bylaws of the
Nebraska Democratic Party.
B. Central Committee vacancies shall be filled through nomination by the appropriate Congressional District Chair with confirmation by the State Central Committee.
C. Executive Committee vacancies, other than elected Party Officers, shall be filled through nomination by the state Chair with confirmation by the State Central Committee.
D. Congressional District Chairs or Associate Chairs shall be replaced by election in their respective district caucuses of the State Central Committee following notification of the vacancy.
E. Vacancies in County Party offices shall be filled through election by the respective County Central Committee or, when a county central committee is not present, by the State Chair.
B. Central Committee vacancies shall be filled through nomination by the appropriate Congressional District Chair with confirmation by the State Central Committee.
C. Executive Committee vacancies, other than elected Party Officers, shall be filled through nomination by the state Chair with confirmation by the State Central Committee.
D. Congressional District Chairs or Associate Chairs shall be replaced by election in their respective district caucuses of the State Central Committee following notification of the vacancy.
E. Vacancies in County Party offices shall be filled through election by the respective County Central Committee or, when a county central committee is not present, by the State Chair.
ARTICLE VI - AFFILIATED ORGANIZATIONS
Organizations subordinated to and affiliated with the State Central Committee, the State Executive Committee, or any County Central Committee shall be recognized and encouraged, provided consent of the State Central Committee, State Executive Committee and appropriate County Central Committee is obtained.
ARTICLE VII - AMENDMENTS
This Constitution may be amended only by a favorable vote of at least two-thirds (2/3) of the accredited delegates assembled in the State Convention, provided said amendment has been presented in writing to the State Central Committee thirty (30) days prior to the State Convention. All amendments shall take effect upon adoption by the State Convention.
ARTICLE VIII - NO PROXY OR UNIT RULE VOTING
No voting by proxy shall be allowed nor shall the unit rule be applied to any level of party organization.
ARTICLE IX - PROCEDURES
All procedural matters not directly governed by this Constitution or by the Bylaws of the Nebraska Democratic Party shall be governed by the latest edition of Robert’s Rules of Order, as most recently revised. Meetings may be called by a petition of 15 percent of the membership.
ARTICLE X - REMOVAL OF OFFICERS
Section1. Removal of State Party Officers.
Upon petition of 25 percent of the members of the State Central Committee (1/3 from each Congressional District), a meeting to consider removal of an officer of the State Party shall be called. The grounds for removal of an officer of the Nebraska Democratic Party shall be violation of this Constitution and/or conviction of a felonious crime against the State of Nebraska and/or United States of America. A _ majority of those members in good standing of the Central Committee present shall be required to affect a removal.
Section 2. Removal of Congressional District Officers.
A meeting to consider removal of Congressional District Officers shall be called upon petition of 25 percent of the members of the Congressional District Organization. An officer may be removed by a _ majority of those members present at the meeting. Grounds for removal shall be the same as for Nebraska Democratic Party officers.
Upon petition of 25 percent of the members of the State Central Committee (1/3 from each Congressional District), a meeting to consider removal of an officer of the State Party shall be called. The grounds for removal of an officer of the Nebraska Democratic Party shall be violation of this Constitution and/or conviction of a felonious crime against the State of Nebraska and/or United States of America. A _ majority of those members in good standing of the Central Committee present shall be required to affect a removal.
Section 2. Removal of Congressional District Officers.
A meeting to consider removal of Congressional District Officers shall be called upon petition of 25 percent of the members of the Congressional District Organization. An officer may be removed by a _ majority of those members present at the meeting. Grounds for removal shall be the same as for Nebraska Democratic Party officers.
1. STATE CONVENTION
1.1. General
1.1.1. Official Acts of Nebraska Democratic
Party. The determination of a Democratic Party State or
Congressional District Convention conducted in accordance with the
Official Rules for Democratic Conventions then in force shall be the
official acts of the Democratic Party, and no other body, no matter how
constituted, shall be authorized to represent the Nebraska Democratic
Party, or in any political subdivision thereof, and its determination
shall have no force or effect as official acts of the Nebraska
Democratic Party or any political subdivision.
1.1.2. Composition. The Democratic State Convention is composed of accredited delegates (and alternates) elected every two (2) years by accredited delegates of County Conventions in accordance with the apportionment determined by the State Central Committee. The allocation shall be based upon a formula allocating a specified number of delegates among the counties based upon an equal weighting of the following factors in the counties against statewide totals: the vote for the Democratic candidate for Governor in the last General Election in which a Governor was elected; the vote for the Democratic candidate for President in the last General Election in which a President was elected; and the number of registered Democrats as of December 31st of the year preceding the election year. Final delegates totals allocated to each county may be adjusted to insure that within each county there is at least one delegate from each county and one delegate from each congressional district and legislative district within the county. Elected officers of the Nebraska Democratic Party shall also serve as delegates, without alternates, to State Convention.
1.1.3. Time and Place of Convention. The State Convention shall be called in the manner and at the time and place as specified by the State Central Committee except that two (2) successive conventions shall not be held in the same city.
1.1.4. Temporary Officers. The State Convention shall be called to order by the State Chair who shall preside until a Permanent Chair is elected. The State Secretary shall act as Secretary of the State Convention until a Permanent Secretary is elected. In the absence of the State Chair, the State Central Committee shall designate one of its members to act in the place and stead of the State Chair. In absence of the Secretary of the State Central Committee, the Chair of the meeting shall designate some member of the State Central Committee to act as Secretary of the State Convention until the Permanent Secretary is elected by the State Convention.
1.1.5. Officers of the Convention. The permanent officers of each State Convention shall be as follows: Chair, Vice Chair, Secretary and Sergeant-at-Arms.
1.1.6. Chair of State Convention. In the absence of the Vice Chair, the Chair may appoint one who is a member of the Convention to preside temporarily in the Chair’s stead, but may not appoint one not a member of the Convention. No appeals from a decision of the Chair are in order on (a) recognition; or, (b) in response to dilatory parliamentary inquiry; or, (c) during roll call. The Chair shall not decide hypothetical questions or inquiries not directly raised by the proceedings. The Chair may direct the Sergeants-at-Arms to remove disorderly spectators.
1.1.7. Nomination and Election of Permanent Officers. Permanent Officers shall be nominated by the State Convention Committee. In addition, nominations for Permanent Officers may be made from the floor by any duly accredited delegate. Permanent Officers shall be elected by a majority of the votes cast on such nominations.
1.1.8. Delegates and Alternates. The County and Legislative District Conventions, as the case may be, shall Select the delegates and alternate delegates to the State and Congressional District Conventions and shall prescribe the terms and conditions under which the alternates shall act in the absence of a delegate or delegates. In the absence of any authenticated proceedings thereon, the delegates present shall designate the terms and conditions under which the alternates shall act as delegates, at the time of the selection of their Delegation Chair and Vice-Chair, and in the absence of action by the County or Legislative District Convention, may define terms and conditions under which the alternates shall act.
1.1.9. Certification. Prior to the convening of any Democratic State Convention, the Chair and Secretary of each County Central Committee shall certify to the Secretary of the State Central Committee in triplicate the names and addresses of all delegates and alternates to represent such County or any Legislative District therein at the State Convention as soon as practicable after adjournment of the County Convention. Copies shall be delivered to the Committee on Credentials and convention Secretary when possible.
1.1.10. Credentials. The Committee on Credentials shall prepare and file with the Secretary of the State Convention the names and addresses of all delegates and alternates duly accredited to the State Convention. In the event of contest, Certificates of Election shall be required from the officials of the proper County Central Committee.
1.1.2. Composition. The Democratic State Convention is composed of accredited delegates (and alternates) elected every two (2) years by accredited delegates of County Conventions in accordance with the apportionment determined by the State Central Committee. The allocation shall be based upon a formula allocating a specified number of delegates among the counties based upon an equal weighting of the following factors in the counties against statewide totals: the vote for the Democratic candidate for Governor in the last General Election in which a Governor was elected; the vote for the Democratic candidate for President in the last General Election in which a President was elected; and the number of registered Democrats as of December 31st of the year preceding the election year. Final delegates totals allocated to each county may be adjusted to insure that within each county there is at least one delegate from each county and one delegate from each congressional district and legislative district within the county. Elected officers of the Nebraska Democratic Party shall also serve as delegates, without alternates, to State Convention.
1.1.3. Time and Place of Convention. The State Convention shall be called in the manner and at the time and place as specified by the State Central Committee except that two (2) successive conventions shall not be held in the same city.
1.1.4. Temporary Officers. The State Convention shall be called to order by the State Chair who shall preside until a Permanent Chair is elected. The State Secretary shall act as Secretary of the State Convention until a Permanent Secretary is elected. In the absence of the State Chair, the State Central Committee shall designate one of its members to act in the place and stead of the State Chair. In absence of the Secretary of the State Central Committee, the Chair of the meeting shall designate some member of the State Central Committee to act as Secretary of the State Convention until the Permanent Secretary is elected by the State Convention.
1.1.5. Officers of the Convention. The permanent officers of each State Convention shall be as follows: Chair, Vice Chair, Secretary and Sergeant-at-Arms.
1.1.6. Chair of State Convention. In the absence of the Vice Chair, the Chair may appoint one who is a member of the Convention to preside temporarily in the Chair’s stead, but may not appoint one not a member of the Convention. No appeals from a decision of the Chair are in order on (a) recognition; or, (b) in response to dilatory parliamentary inquiry; or, (c) during roll call. The Chair shall not decide hypothetical questions or inquiries not directly raised by the proceedings. The Chair may direct the Sergeants-at-Arms to remove disorderly spectators.
1.1.7. Nomination and Election of Permanent Officers. Permanent Officers shall be nominated by the State Convention Committee. In addition, nominations for Permanent Officers may be made from the floor by any duly accredited delegate. Permanent Officers shall be elected by a majority of the votes cast on such nominations.
1.1.8. Delegates and Alternates. The County and Legislative District Conventions, as the case may be, shall Select the delegates and alternate delegates to the State and Congressional District Conventions and shall prescribe the terms and conditions under which the alternates shall act in the absence of a delegate or delegates. In the absence of any authenticated proceedings thereon, the delegates present shall designate the terms and conditions under which the alternates shall act as delegates, at the time of the selection of their Delegation Chair and Vice-Chair, and in the absence of action by the County or Legislative District Convention, may define terms and conditions under which the alternates shall act.
1.1.9. Certification. Prior to the convening of any Democratic State Convention, the Chair and Secretary of each County Central Committee shall certify to the Secretary of the State Central Committee in triplicate the names and addresses of all delegates and alternates to represent such County or any Legislative District therein at the State Convention as soon as practicable after adjournment of the County Convention. Copies shall be delivered to the Committee on Credentials and convention Secretary when possible.
1.1.10. Credentials. The Committee on Credentials shall prepare and file with the Secretary of the State Convention the names and addresses of all delegates and alternates duly accredited to the State Convention. In the event of contest, Certificates of Election shall be required from the officials of the proper County Central Committee.
1.1.11. Order of Business. The
order of business at all State Conventions shall, as far as applicable,
be as follows:
(a) Call to Order by
State Chair.
(b) Roll Call.
(c) Adjournment for holding Congressional District caucuses except where a Congressional District has elected to caucus prior to State Convention.
(d) Convention reconvenes after Congressional Caucuses, State Chair still presiding.
(e) Caucus of delegations to select delegation chairs and vice-chairs pursuant to Bylaw 1, Section 1.1.12.
(f) Upon nomination of Congressional District, election of members of Convention committees.
(g) Committees leave assembly room for committee caucuses if needed.
(h) Report of Credentials Committee and action thereon.
(i) Report of Convention Committee and selection of permanent officers of convention.
(j) Address of permanent chair.
(k) Minutes of the last Convention.
(l) Keynote address.
(m) Caucuses of the delegates by Legislative Districts to select members of the State Central Committee (applicable for General Election State Convention only)
(n) Report of the Standing Committees and action thereon - Constitution and Bylaws Committee, Nominating Committee and election of Party officers (applicable for General Election State Convention only), Vacancies Committee, Platform and Resolutions Committee, and Presidential Electors Committee (in Presidential Election Years only).
(o) Other business.
(p) Adjournment. Introduction of candidates and elected officials and/or speeches from those parties will be at the Chair’s discretion.
(b) Roll Call.
(c) Adjournment for holding Congressional District caucuses except where a Congressional District has elected to caucus prior to State Convention.
(d) Convention reconvenes after Congressional Caucuses, State Chair still presiding.
(e) Caucus of delegations to select delegation chairs and vice-chairs pursuant to Bylaw 1, Section 1.1.12.
(f) Upon nomination of Congressional District, election of members of Convention committees.
(g) Committees leave assembly room for committee caucuses if needed.
(h) Report of Credentials Committee and action thereon.
(i) Report of Convention Committee and selection of permanent officers of convention.
(j) Address of permanent chair.
(k) Minutes of the last Convention.
(l) Keynote address.
(m) Caucuses of the delegates by Legislative Districts to select members of the State Central Committee (applicable for General Election State Convention only)
(n) Report of the Standing Committees and action thereon - Constitution and Bylaws Committee, Nominating Committee and election of Party officers (applicable for General Election State Convention only), Vacancies Committee, Platform and Resolutions Committee, and Presidential Electors Committee (in Presidential Election Years only).
(o) Other business.
(p) Adjournment. Introduction of candidates and elected officials and/or speeches from those parties will be at the Chair’s discretion.
1.1.12. County and Legislative District Delegations. The delegates attending the State Convention from each county that does not contain two (2) or more entire Legislative Districts shall elect a chair and vice chair of such delegation. Where a county contains two (2) or more Legislative Districts, the delegates attending the convention from each such district shall elect a chair and vice chair. A delegation Chairperson shall:
(a) call and preside at any district
caucus;
(b) poll the delegation; and
(c) announce the results of such poll during the convention. A delegation vice chairperson shall act in the capacity of the chair in the chair’s absence.
(b) poll the delegation; and
(c) announce the results of such poll during the convention. A delegation vice chairperson shall act in the capacity of the chair in the chair’s absence.
1.1.13. Vacancies.
1.1.13.1 Vacancies Defined. A
vacancy in the office of delegate or alternate to a Democratic State
Convention shall exist whenever a duly elected delegate or alternate
from any legislative District or County shall have:
(a) died;
(b) resigned in writing filed with the Secretary of the County Central Committee or with the Secretary of the State Central Committee;
(c) moved from the Legislative District or County which he or she was elected to represent;
(d) changed his or her party affiliation; or
(e) where, at the last primary election, there was no person elected delegate or alternate to represent such Legislative District or County.
(b) resigned in writing filed with the Secretary of the County Central Committee or with the Secretary of the State Central Committee;
(c) moved from the Legislative District or County which he or she was elected to represent;
(d) changed his or her party affiliation; or
(e) where, at the last primary election, there was no person elected delegate or alternate to represent such Legislative District or County.
1.1.13.2 Filling Vacancies. Prior to the date of any State Convention, when it appears that there is a vacancy, as defined above, the County Central Committee for said County shall elect, from the proper Legislative Districts, or where there are no districts in the County, from the County at large, delegates and alternates to the State Convention to fill such vacancies as exist in such Legislative Districts or County.
1.1.13.3 Certification of Vacancies. Prior to the convening of any State Convention, the Chair and Secretary of each County Central Committee shall certify to the Secretary of the State Central Committee the names of all delegates and alternates who have been elected by the County Central Committee to fill vacancies in the manner provided for in Bylaw 1.1.13.2; and shall state in said Certificate the cause for each vacancy which a delegate or alternate has been elected.
1.2. Quorums, Majorities, Percentages
1.2.1. Quorum. A majority of the
total number of delegates authorized by law to constitute the full
membership of the State Convention or of a Congressional District
Caucus/ Convention shall constitute a quorum.
1.2.1.1 Business When Quorum Present.
When a quorum is once established, a State or Congressional District
Convention may thereafter transact any business which may properly come
before it.
1.2.1.2 Business in Absence of Quorum. In the event that no quorum is present when a State or Congressional District Convention is called to order, such convention may proceed to elect permanent officers and to hear addresses, and in the event no quorum is then present may adjourn to a fixed time and place, which shall not be later than ten (10) days from the date such adjournment is taken; but no other business shall be conducted by said convention.
1.2.1.3 Ascertainment of Quorum: By Chair. The Chair of any Convention or caucus may ascertain by his/her v view whether or not a quorum is present.
By Roll Call. If the point of order is raised that no quorum is present, the ascertainment of a quorum shall be determined by roll call; but those who are in halls, lobbies, or committee rooms in the building where said convention is being held may be counted in determining whether or not a quorum is present, and the Chair shall have the authority to appoint Sergeants-at-Arms to gather such persons into the convention hall before the count is completed.
1.2.1.4 Procedure in Event of Withdrawal of Members from Convention Hall. After Quorum Established. In the event that any delegates who were present in a State or Congressional District Convention at the time the Chair declared a quorum to be present shall absent themselves from the convention hall for any reason whatsoever, such convention shall proceed to transact its business the same as though a quorum were present at all times and Bylaws.
1.2.2 and 1.2.3 shall govern determination of any action taken by the delegates.
1.2.1.2 Business in Absence of Quorum. In the event that no quorum is present when a State or Congressional District Convention is called to order, such convention may proceed to elect permanent officers and to hear addresses, and in the event no quorum is then present may adjourn to a fixed time and place, which shall not be later than ten (10) days from the date such adjournment is taken; but no other business shall be conducted by said convention.
1.2.1.3 Ascertainment of Quorum: By Chair. The Chair of any Convention or caucus may ascertain by his/her v view whether or not a quorum is present.
By Roll Call. If the point of order is raised that no quorum is present, the ascertainment of a quorum shall be determined by roll call; but those who are in halls, lobbies, or committee rooms in the building where said convention is being held may be counted in determining whether or not a quorum is present, and the Chair shall have the authority to appoint Sergeants-at-Arms to gather such persons into the convention hall before the count is completed.
1.2.1.4 Procedure in Event of Withdrawal of Members from Convention Hall. After Quorum Established. In the event that any delegates who were present in a State or Congressional District Convention at the time the Chair declared a quorum to be present shall absent themselves from the convention hall for any reason whatsoever, such convention shall proceed to transact its business the same as though a quorum were present at all times and Bylaws.
1.2.2 and 1.2.3 shall govern determination of any action taken by the delegates.
1.2.2. What Constitutes a Majority. A Majority is one (1) more than half; if half is a fraction, then the next whole number constitutes one (1) more than half. A majority of all votes cast on any motion shall be sufficient to pass such a motion unless otherwise provided in these Bylaws.
1.2.3. Determination of Percentages. When the Statutes or Bylaws require certain percentages of votes cast by a convention to determine any question, such percentage shall be computed on the basis of all of the votes cast upon the question under consideration.
1.3. Committees
1.3.1. Standing Committees. The two
standing committees for each State Convention shall be as follows: (a)
Committee on Credentials; (b) Committee to Recommend Nominations of
Presidential and Vice Presidential Electors (only during presidential
election years).
1.3.2. Selection of Convention Committees. Prior to the convening of each State Convention, the Chair of each standing committee above named shall be selected by the State Executive Committee with the approval of the State Central Committee. At the time and place to be designated by the State Chair during the State Central Committee meeting scheduled at least sixty (60) days prior to the Convention, the members of the State Central Committee shall hold caucuses by Congressional District to elect temporary members of the following committees. In each such Congressional District caucus, the members of the State Central Committee shall elect two (2) members to serve on the Committee on Credentials, and two (2) members to serve on the Committee to Recommend Nominations for Presidential and Vice Presidential Electors. The Congressional District Chair and Associate Chair of each Congressional District caucus shall promptly certify to the Secretary of the State Central Committee the temporary members elected to serve on the standing committees of the Convention. In order to stand for election as a permanent member of a Convention Committee at the Convention Congressional District caucus, a temporary member must attend the Convention as a delegate or alternate to the Convention.
1.3.3. Duties. The duties of the two (2) standing committees of the State Convention shall be as follows:
1.3.4. Minority Reports. The report of the minority of the members of any Standing Committee of the State Convention or of the State Central Committee shall be considered by the State Convention if signed by one-third of the members of the Standing Committee and offered as a substitute for the majority report.
1.3.2. Selection of Convention Committees. Prior to the convening of each State Convention, the Chair of each standing committee above named shall be selected by the State Executive Committee with the approval of the State Central Committee. At the time and place to be designated by the State Chair during the State Central Committee meeting scheduled at least sixty (60) days prior to the Convention, the members of the State Central Committee shall hold caucuses by Congressional District to elect temporary members of the following committees. In each such Congressional District caucus, the members of the State Central Committee shall elect two (2) members to serve on the Committee on Credentials, and two (2) members to serve on the Committee to Recommend Nominations for Presidential and Vice Presidential Electors. The Congressional District Chair and Associate Chair of each Congressional District caucus shall promptly certify to the Secretary of the State Central Committee the temporary members elected to serve on the standing committees of the Convention. In order to stand for election as a permanent member of a Convention Committee at the Convention Congressional District caucus, a temporary member must attend the Convention as a delegate or alternate to the Convention.
1.3.3. Duties. The duties of the two (2) standing committees of the State Convention shall be as follows:
1.3.3.1. Credentials. Committee on
Credentials shall pass upon the qualifications of the delegates and
alternates elected to attend the State Convention.
1.3.3.2. Elector Nominations. Committee to Recommend Nominations for Presidential and Vice Presidential Electors (only during presidential election years) shall recommend to the State Convention the nomination of the number of party electors to which the State of Nebraska shall be entitled at the following Presidential election. Nominations may be made from the floor by any duly accredited delegate.
1.3.3.2. Elector Nominations. Committee to Recommend Nominations for Presidential and Vice Presidential Electors (only during presidential election years) shall recommend to the State Convention the nomination of the number of party electors to which the State of Nebraska shall be entitled at the following Presidential election. Nominations may be made from the floor by any duly accredited delegate.
1.3.4. Minority Reports. The report of the minority of the members of any Standing Committee of the State Convention or of the State Central Committee shall be considered by the State Convention if signed by one-third of the members of the Standing Committee and offered as a substitute for the majority report.
1.4 Rules of Order
1.4.1. Motion to Adjourn. A motion
to adjourn or a motion to adjourn to meet at a designated time may be
made at any time recognition is secured for that purpose, but is not in
order during a roll call. A simple motion to adjourn is not debatable
and may not be laid on the table, but a motion to adjourn at a certain
time is debatable and subject to amendment. A motion to adjourn to a
day certain to meet at another place is in order and may be decided by
a majority vote.
1.4.2. Amendments. Amendments to any motion may be made orally, but before consideration thereof must be submitted in writing and must be germane to the propositions to which offered. Agreement to a motion to lay amendment on the table carries with it the proposition to which it is offered. Majority and minority reports from committees are subject to amendment from the floor unless the previous question is operating.
1.4.3. Roll Call. The roll call shall be called by Counties, and Districts within Counties, and the Chair of the County or District delegation shall take the poll and announce the vote.
1.4.4. Challenges
1.4.2. Amendments. Amendments to any motion may be made orally, but before consideration thereof must be submitted in writing and must be germane to the propositions to which offered. Agreement to a motion to lay amendment on the table carries with it the proposition to which it is offered. Majority and minority reports from committees are subject to amendment from the floor unless the previous question is operating.
1.4.3. Roll Call. The roll call shall be called by Counties, and Districts within Counties, and the Chair of the County or District delegation shall take the poll and announce the vote.
1.4.4. Challenges
1.4.4.1 From within Delegation. On
roll call by Counties and Districts within Counties, a delegation shall
be polled on challenge by any member of the delegation. Demand for poll
of delegation or challenge of accuracy of count must be made when vote
is reported and comes too late after the next County, or District
within a County, is called. Such demand may not be made by anyone not a
member of the delegation and no delegate may request a poll of any
other delegation than his/her own. The only method by which a poll of a
delegation may be had is by challenging the accuracy of the count or
report, but such challenge is in order on any vote regardless of the
character. The poll of a delegation must include the entire delegation.
A demand for a poll of a delegation may be withdrawn any time before
the poll starts. The Chair of the Convention may defer a poll until the
conclusion of a roll call. When a delegation is polled, the delegates
in responding to their names are restricted to the bare announcement of
their vote and explanations or comments of any character are out of
order.
1.4.4.2 From Floor. Upon demand from the floor by any delegate, the Chair of the Convention shall call a roll of a delegation to determine the number of eligible delegates thereof present.
1.4.4.2 From Floor. Upon demand from the floor by any delegate, the Chair of the Convention shall call a roll of a delegation to determine the number of eligible delegates thereof present.
1.4.5. Committee Reports. When Committees are recognized to report, the Chair of the Committee may read the report himself or have it read by the reading clerk of the Convention. At the conclusion of the reading of the report, the Chair has fifteen (15) minutes in which he may (1) speak to the report, (2) yield time to others to speak, or (3) move the previous question. When committee reports are submitted, the question of agreeing to the report is considered as pending. Minority reports from committees must be presented and read immediately following majority reports, and both are then open to debate and amendment, unless the previous question is ordered. When more than one minority report is submitted, all are presented before consideration on the majority report begins, and are taken up in the order presented. The question comes first on minority reports and then on majority report or minority report as amended.
1.4.6. Debate. Recognition for debate is within the discretion of the Chair, but members of Committees reporting a proposition under discussion are entitled to the floor and take precedence over others desiring to be heard. A delegate desiring to interrupt a speaker shall address the Chair and secure the consent of the speaker. Debate is not in order during roll call vote while a call is pending. Debate should be limited to five (5) minutes to each speaker, and not to exceed three (3) speakers to a side, except that the Chair of the Committee making the report may have fifteen (15) minutes. The time for debate may be extended by unanimous consent.
1.4.7. Decorum. Delegates and guests are expected to be seated and to refrain from loud conversation during session of the Convention. Aisles and platforms must be kept clear.
1.4.8. Delegates. A delegate announcing that he/she will not abide by the decision of the Convention is not entitled to participate in its deliberations. Delegates failing to observe Rules of the Convention are subject to expulsion by two-thirds (2/3) vote.
1.4.9. Division. A division of the question, and a separate vote on each substantive proposition contained in a committee report or any pending question, may be requested by any delegate, and is in order even after the previous question is demanded.
1.4.10. Motions and Resolutions. Delegates must secure recognition from the Chair in order to offer a motion, and the Chair may inquire for what purpose the delegate rises, and after hearing the motion, may decline recognition. After an order of business is adopted, no motions are admissible unless in order under the pending item of business or at that particular state of the proceedings.
1.4.11. Points of Order. Points of order against a proceeding are too late after debate has begun or other business has intervened. Debate on a question of order is within the discretion of the Chair. Points of Order arising during a roll call are decided peremptorily and are not subject to appeal.
1.4.12. Previous Question. The previous question when ordered precludes both debate and amendment. A Committeeperson presenting a report may move the previous question, but if ordered before any debate is had on the question, twenty (20) minutes of debate is allowed, ten (10) minutes for each side.
Explanation: When a member says, "I move the previous question," such motion is then considered to be the pending question, and the motion which was pending when the previous question was moved is considered to be the previous question.
1.4.13. Recess. A motion to recess is always in order, and not debatable.
1.4.14. Reconsidered. When a motion is carried or lost, any member of the majority may move reconsideration at the same session of the convention. This motion takes precedence over all motions except motion to adjourn.
1.4.15. Suspension of Rules. Motion to suspend the Rules interrupts the regular order of business and is in order at any time except during roll call, but recognition to move suspension is within the jurisdiction of the Chair and the motion requires a two-thirds (2/3) majority. The motion to suspend the Rules may not be amended, reconsidered or laid on the table.
1.4.16. Table. A motion to lay on the table is used for final summary disposition without debate, and a matter once laid on the table cannot be taken up again except by unanimous consent or suspension of the Rules. The motion is not debatable and may not be amended. An amendment laid on the table carries with it the proposition to which the amendment was offered.
Explanation: A motion to lay on the table is out of order after a pending motion (except an amendment) which has been made and debated, is about to be put on a vote.
1.4.17. Unanimous Consent. Any action may be taken and any proceeding had by unanimous consent regardless of the Rules or pending order of business, but recognition of any motion to unanimously consent is within the discretion of the Chair and may not be granted except for routine matters and under exceptional circumstances.
1.4.18. Who is Entitled to Speak. No person who is not a delegate or an alternate who is taking the place of a delegate, shall be permitted to address the convention unless such person has been previously requested to do so by the Democratic State Central Committee or by a three-fourths (3/4) vote of the Convention. Unless otherwise fixed by the State Central Committee, all such speeches shall be limited to three (3) minutes.
1.4.19. Absence of Rule. In the absence of any rule governing a situation, Roberts Rules of Order shall govern the procedure of the Convention, or the Congressional District Caucus.
1.5. Voting.
1.5.1. Qualifications to Vote. No
person shall be permitted to vote in any State Convention unless he/she
has been duly elected and certified as a delegate; or, in the absence
of such elected delegate, unless he/she has been elected as an
alternate in the manner set forth in Article IV, Section 6.
1.5.2. Each Delegate One Vote. All delegates who are found to be duly qualified shall be entitled to one vote on any question coming before the State Convention.
1.5.3. Proxy or Unit Rule. No delegate or alternate shall be permitted to vote by proxy and no delegations shall apply to the Unit Rule.
1.5.4. Method of Voting.
1.5.2. Each Delegate One Vote. All delegates who are found to be duly qualified shall be entitled to one vote on any question coming before the State Convention.
1.5.3. Proxy or Unit Rule. No delegate or alternate shall be permitted to vote by proxy and no delegations shall apply to the Unit Rule.
1.5.4. Method of Voting.
1.5.4.1. Roll Call: Announced by
Delegation Chair. On roll call of the Counties and Legislative
Districts within Counties, the vote of the County or Legislative
District shall be announced by the Chair of the County or Legislative
District delegation, or in his/her absence, by the Vice Chair.
Delegations not prepared to announce their vote may be passed and
called at the end of roll call.
1.5.4.2. Place of Casting Vote. In order to vote, a delegate must sit with his/her delegation and may not vote from another part of the hall and may not deputize another to cast his/her vote for him/her.
1.5.4.3. Change of Vote or Abstention. A delegate may decline to vote or may change his/her vote at any time prior to the announcement of the final result. A delegate proposing to change his/her vote must rise in his/her place and personally request the change.
1.5.4.4. Demand for Roll Call. A roll call for yeas and nays must be ordered on demand of one-fourth (1/4) of the delegates present.
1.5.4.2. Place of Casting Vote. In order to vote, a delegate must sit with his/her delegation and may not vote from another part of the hall and may not deputize another to cast his/her vote for him/her.
1.5.4.3. Change of Vote or Abstention. A delegate may decline to vote or may change his/her vote at any time prior to the announcement of the final result. A delegate proposing to change his/her vote must rise in his/her place and personally request the change.
1.5.4.4. Demand for Roll Call. A roll call for yeas and nays must be ordered on demand of one-fourth (1/4) of the delegates present.
2. CONGRESSIONAL DISTRICT ORGANIZATION
2.1. Time and Place of Congressional District Caucus.
2.1.1. At State Convention.
At the beginning of each State Convention, at a time and place to be designated by the State Chair, the delegates shall hold a State Convention Congressional District Caucus.
2.1.2. Other.
A Congressional District Caucus may be held at a time and place to be designated by the Congressional District Chair or at least six (6) congressional delegates qualified as defined below.
At the beginning of each State Convention, at a time and place to be designated by the State Chair, the delegates shall hold a State Convention Congressional District Caucus.
2.1.2. Other.
A Congressional District Caucus may be held at a time and place to be designated by the Congressional District Chair or at least six (6) congressional delegates qualified as defined below.
2.2. Certification of Delegates Entitled to Vote at District Caucus.
Preceding the convening of each congressional District Caucus or State convention Congressional District Caucus, the Secretary of the State Central Committee shall certify to the district Chair the names of all delegates and alternates for the legislative districts and counties entitled to representation at such Congressional District Caucus who are elected by the last preceding county convention for such purpose. The list, so certified to the District Chair shall determine the persons entitled to vote on any question which may come before such caucus. Vacancies shall be filled pursuant to Rule 1.1.13 herein.
2.3. Credentials -- How Settled.
Any dispute concerning the credentials of delegates selected to attend any congressional district convention or caucus shall be determined by the Chair, First Associate Chair and Second Associate Chair of the State Central Committee whose certificate resolving such dispute shall be final so far as the membership to any congressional district caucuses concerned.
2.4. Nomination for Presidential Elector.
At each State Convention Congressional District Caucus in the presidential election years, the Caucus shall recommend two persons properly affiliated with the Democratic Party for nomination by the State Convention to represent such district as Presidential Electors in the Electoral college, and the District Chair of said caucus shall certify such recommendations to the Secretary of the Convention.
2.5. Selection of State Convention Committee Members.
At each State Convention Congressional District Convention Caucus, the said Congressional Caucus shall select the persons who shall be recommended to the Convention to serve as members of the various Convention committees as provided for in Rule 1.3 of these Bylaws.
2.6. Voting.
Each delegate or alternate who is found to be duly qualified to vote at any Congressional District Caucus, shall be entitled to one vote on any question coming before such caucus. No delegate or alternate shall be permitted to vote by proxy. No delegation shall apply the Unit Rule.
2.7. Resolutions.
If a Congressional District Caucus wishes to adopt resolutions for presentation to the State Convention, it may do so.
2.8. State Rules of Order Govern.
In the absence of any Rule governing a situation in a congressional caucus or Convention, the Rules of Order then in force as set out in Rule 1.4 of the Official Rules for Nebraska Democratic State Convention shall govern the procedure of any Congressional District Caucus.
3. COUNTY ORGANIZATION
3.1. Convention Pursuant to Statute.
Each County shall hold a convention in the manner authorized or permitted by Nebraska State law. In the event that insufficient delegates to a County Convention have been elected in the Primary Election in any County, it shall be the duty of the County Chair to exercise his or her best efforts to provide for the election, appointment, or designation of delegates according to law or to convene precinct caucuses in the manner provided by law.
3.2. Election of County Officers and Committee.
At the County Conventions, a County Chair, a County Vice-Chair, a Secretary of the County Committee and Treasurer of the County Committee should be elected. The County Executive Committee is composed of the elected officers of the County Committee. The County Committee shall be composed of the elected officers of the County Committee and the precinct committeemen and women elected at the County Convention. Meetings of the County Committee may be called by the Chair or by a majority of the Executive Committee or by at least six (6) precinct committeeman and women at such time and place as may be designated in the call. The County Vice-Chair shall preside in the absence of the call. If the County Chair is removed from the County, dies or changes party affiliation, a vacancy shall exist. Vacancies in County Party offices shall be filled through election by the respective County Central Committee.
In the event there is not a Vice-Chair to call a meeting, the County Committee Meeting may be called by at least six (6) precinct committeemen and women or by the State Chair for the purpose of electing a new County Chair.
3.3. Filling County Chair Vacancy.
In the event of the removal of a County Chair by the State Central Committee or its Executive Committee, the County Executive Committee shall select a new County Chair within one (1) month and immediately notify the State Central Committee Chair of its selection. In the event of any vacancy in the office of County Chair continuing for a period of more than one (1) month, the State Central Committee Chair shall have the authority to appoint an acting County Chair who shall hold office until the holding of the next County Convention.
3.4. Gender Balance.
If the Chair is a man, the Vice-Chair shall be a woman. If the Chair is a woman, the Vice-Chair shall be a man.
4. DEMOCRATIC NATIONAL COMMITTEE
4.1. Election of National Committeeman and National Committeewoman.
During presidential election years, convention delegates shall elect two (2) members of the Democratic National Committee from Nebraska, a National Committeeman and a National Committeewoman, who shall serve for a term of four (4) years each and until their successors are elected and qualified. Said four-year term shall begin after the Democratic National Convention.
4.2. State Chair and First Associate Chair.
In accordance with the Bylaws of the Democratic National Committee, the Chair and 1st Associate Chair of the Nebraska Democratic Party shall serve as members of the Democratic National Committee for terms concurrent with their terms as State Party officers.
4.3. Other Elected or Appointed Members.
Additional elected members of the Democratic National committee are allocated on the basis of population and the Democratic vote for President as stipulated in the Charter and Bylaws of the Democratic Party of the United States. Should an additional member be allocated to Nebraska, the State 2nd Associate Chair would fill that position. The Democratic National Committee has authority, as proscribed in its Charter and Bylaws, to appoint additional members to that body. Such appointed members serve terms as stipulated by the DNC when appointed, but not longer than beyond the day the next National Convention adjourns.
4.4. Vacancies.
Any vacancy in such membership of the Democratic National Committee from Nebraska shall be filled for the unexpired term by the Democratic State Central Committee.
4.5. Certification of Elections.
Following any election of such a National Committeeman or National Committeewoman from Nebraska, or State Chair and First Associate Chair, the Chair and Secretary of the Democratic State Central Committee shall forthwith certify the election of such person or persons to the Secretary of the Democratic National Committee.
5. STATE CENTRAL COMMITTEE
5.1. Duties and Powers
5.1.1. General Powers. The State
Central Committee shall be the permanent agency authorized to act on
behalf of the State Nebraska Democratic Party during the intervals
between the State Convention. It is a creature of the State Convention
and therefore subject to its authority as may be granted to it by the
State Convention. Further, it shall also have power and authority to do
all things reasonably necessary to promote the success of the
Democratic Party in National, State and Local tickets at any general
election, and to perform any functions imposed upon it by law or any
State Party Convention.
5.1.2. Specific Powers. In addition to the general powers listed above, the State Central Committee shall have the following duties and powers:
5.1.2. Specific Powers. In addition to the general powers listed above, the State Central Committee shall have the following duties and powers:
5.1.2.1. Raise funds and supervise
expenditures of such funds and any funds received from the National
Committee for use within the State for the financing of the State
Convention, campaign expenses and maintenance of the State Party Office;
5.1.2.2. Maintain a State Office at a point to be determined by the State Central Committee;
5.1.2.3. Provide appropriate assistance in statewide general election campaigns;
5.1.2.4. Fill vacancies for State or National Office on the Democratic State Ticket occurring by reason of change of party affiliation, death, declination or resignation of any nominee of the Democratic Party within the State;
5.1.2.5. Provide press and radio service, Speaker's bureaus, and organization supervision by supplying literature, speakers and Democratic Party representatives;
5.1.2.6. Be a liaison with Congressional District, Legislative District and County Committees and coordinate all campaign-related work throughout the State;
5.1.2.7. Make provisions for State Conventions including the selection of time and place, authorization of call and determination, within the terms of applicable statutes, of the representatives of such State Conventions;
5.1.2.8. Make physical arrangements for State Conventions, including hotel reservations, seating for delegates and visitors, granting concessions, adjustment of auditorium to requirements, installation of telephone, public relations and press facilities;
5.1.2.9. Prepare a temporary roll of delegates to State Conventions accepted as prima facie correct pending the reports of the Committee on Credentials;
5.1.2.10. Call and convene a special State Convention composed of delegates duly accredited to the last State Convention for the purpose of transacting any special business; provided at least ten (10) days' notice shall be given by mail to each delegate of the time, place, and purpose of such special State Convention; (The business to be transacted at such State Convention shall be governed by these Bylaws insofar as the same are applicable)
5.1.2.11. Nominate for election by the Democratic National Committee a proper person to fill any vacancy in the National representation of the Democratic National Committee;
5.1.2.12. Remove by two-thirds (2/3) vote of those attending for good cause, and after two (2) weeks notice and hearing, any County Chair or State Central Committee Member who has failed to attend the duties of his or her office or who publicly opposes the election of a Party nominee, local, state or national;
5.1.2.13. Cause to be printed at its discretion, sufficient copies of these Bylaws to distribute one copy to each Delegate and Alternate elected to any Democratic State Convention and to each officer of each County Central Committee, and to supply extra copies thereof to properly interested parties; and
5.1.2.14. To create and enforce policy regarding, relating to, or defined in the party platform; provided that any policy created by the State Central Committee that in any way is in conflict or not in accord with the State Party Platform must be presented in writing to the Executive Director or State Party Chair no later than twenty-eight (28) days prior to the next regularly scheduled or special meeting and must be mailed or delivered to each Central Committee Member no later than fourteen (14) days prior to the next regularly scheduled or special meeting at which it may be discussed and voted on.
5.1.2.2. Maintain a State Office at a point to be determined by the State Central Committee;
5.1.2.3. Provide appropriate assistance in statewide general election campaigns;
5.1.2.4. Fill vacancies for State or National Office on the Democratic State Ticket occurring by reason of change of party affiliation, death, declination or resignation of any nominee of the Democratic Party within the State;
5.1.2.5. Provide press and radio service, Speaker's bureaus, and organization supervision by supplying literature, speakers and Democratic Party representatives;
5.1.2.6. Be a liaison with Congressional District, Legislative District and County Committees and coordinate all campaign-related work throughout the State;
5.1.2.7. Make provisions for State Conventions including the selection of time and place, authorization of call and determination, within the terms of applicable statutes, of the representatives of such State Conventions;
5.1.2.8. Make physical arrangements for State Conventions, including hotel reservations, seating for delegates and visitors, granting concessions, adjustment of auditorium to requirements, installation of telephone, public relations and press facilities;
5.1.2.9. Prepare a temporary roll of delegates to State Conventions accepted as prima facie correct pending the reports of the Committee on Credentials;
5.1.2.10. Call and convene a special State Convention composed of delegates duly accredited to the last State Convention for the purpose of transacting any special business; provided at least ten (10) days' notice shall be given by mail to each delegate of the time, place, and purpose of such special State Convention; (The business to be transacted at such State Convention shall be governed by these Bylaws insofar as the same are applicable)
5.1.2.11. Nominate for election by the Democratic National Committee a proper person to fill any vacancy in the National representation of the Democratic National Committee;
5.1.2.12. Remove by two-thirds (2/3) vote of those attending for good cause, and after two (2) weeks notice and hearing, any County Chair or State Central Committee Member who has failed to attend the duties of his or her office or who publicly opposes the election of a Party nominee, local, state or national;
5.1.2.13. Cause to be printed at its discretion, sufficient copies of these Bylaws to distribute one copy to each Delegate and Alternate elected to any Democratic State Convention and to each officer of each County Central Committee, and to supply extra copies thereof to properly interested parties; and
5.1.2.14. To create and enforce policy regarding, relating to, or defined in the party platform; provided that any policy created by the State Central Committee that in any way is in conflict or not in accord with the State Party Platform must be presented in writing to the Executive Director or State Party Chair no later than twenty-eight (28) days prior to the next regularly scheduled or special meeting and must be mailed or delivered to each Central Committee Member no later than fourteen (14) days prior to the next regularly scheduled or special meeting at which it may be discussed and voted on.
5.2. Composition.
The State Central Committee shall consist of: all State Executive Committee voting members; and, one man and one woman nominated by the legislative district caucuses herein provided for and elected by the majority vote of the State Convention before adjournment. Each member shall have only one vote at any meeting of the State Central Committee.
In addition, each legislative district caucus shall nominate one man and one woman to be alternate committee members who will be elected by the majority vote of the State Convention and who shall only be empowered to vote in the absence of the elected State Central Committee member from their district.
5.3. Officers.
Officers of the State Central Committee shall be the State Chair, two (2) Associate Chairs, the National Committeeman and the National Committeewoman. These officers shall be nominated by the Nominating Committee. Nominations may be made from the floor by any duly accredited delegate. A majority of the votes cast on such nominations shall be necessary to elect said officers.
Additional officers of the State Central Committee shall be the Congressional District Chairs and Associate Chairs who are elected in their respective Congressional District Caucuses, the State Treasurer and the State Secretary. The State Treasurer and State Secretary shall be appointed by the State Chair and approved by the State Central Committee.
5.3.1 Assistant Treasurer. The
State Treasurer may appoint an Assistant Treasurer whose appointment
must be approved by the State Chair and the State Executive Committee.
The Assistant Treasurer may be an employee of the Nebraska Democratic
Party. The Assistant Treasurer will perform such duties as are assigned
by the State Treasurer or these Bylaws.
5.4. Terms.
5.4.1. Members. Members elected to
the State Central Committee shall continue in office until their
successors are elected at the next succeeding General Election State
Convention, or as otherwise provided herein. However, any member of the
Committee ceasing to meet the qualifications of Article III of the
Constitution or who shall cease to be an active member of the State
Democratic Party shall cease to be a member of the Committee as of the
time when such qualifications are not met.
5.4.1.1. Definition of “Active Member”.
An active member of the State Democratic Party shall be an individual
who evidences his or her commitment to the party by regular attendance
at committee meetings, service on party committees, service in public
office, volunteer work on electoral campaigns of party members, work on
voter recruitment and registration, financial contributions to the
state party and party candidates, or commitments of personal time and
resources to the state party organization and its activities.
5.4.2. Officers. Officers of the
State Central Committee shall continue in office until their respective
successors are elected consistent with Article IV and Article V of the
Constitution.
5.5. Quorum.
Quorum for a State Central Committee meeting is forty percent (40%) of the total membership.
5.6. Meetings.
The newly elected State Central Committee shall meet for the first time for organization upon call of the State Chair of the State Central Committee immediately after the adjournment of the State Convention. Subsequent meetings of the State Central Committee are subject to the call of the State Chair or of any six (6) members of the State Central Committee.
The State Chair shall call at least four (4) meetings each year scheduled among the Congressional Districts on an equitable basis. The State Chair will fix the time and place of all such meetings.
5.7. Affiliated Caucus Organizations.
The State Central Committee shall adopt Rules of Recognition for Affiliated caucus organizations. These rules shall include the standards, qualifications and procedures regarding such recognition. These Rules shall remain in force until amended, revised or deleted. Affiliation must be approved by a majority vote of the State Central Committee.
5.8. Officer Vacancies.
The State Central Committee shall fill vacancies in the offices of State Chair, the State Associate Chairs, and National Committee Members if such vacancies occur between Conventions. The methods to do so are:
5.8.1 State Chair. The First
Associate Chair will assume the duties of the State Chair on a
temporary basis until a new Chair is elected. Election of a new Chair
shall occur at the first regular quarterly State Central Committee
meeting after the vacancy occurs. Procedure for such election shall be
determined by the State Central Committee.
5.8.2 Associate Chairs and National Committee Members. Election of any of these officers shall occur at the first regular quarterly State Central Committee meeting after the vacancy occurs. Procedure for such election shall be determined by the State Central Committee.
5.8.2 Associate Chairs and National Committee Members. Election of any of these officers shall occur at the first regular quarterly State Central Committee meeting after the vacancy occurs. Procedure for such election shall be determined by the State Central Committee.
5.9. State Executive Committee.
5.9.1. Duties and powers. The State
Executive Committee shall be authorized to act on behalf of the State
Central Committee during intervals between meetings of the State
Central Committee, shall have the power and authority to do all things
reasonably necessary to promote the success of the Democratic National,
State and Local election tickets at any general election and the power
to perform any functions imposed upon it by law or by the State Central
Committee.
5.9.2. Terms. Members of the State Executive Committee shall continue in office until their successors are duly elected or appointed. However, all members of the Committee ceasing to meet the qualifications of Article III of the Constitution shall cease to be members of the Committee as of the time when such qualifications are not met.
5.9.3. Quorum. Quorum for the State Executive Committee shall be fifty percent (50%) of the voting membership.
5.9.2. Terms. Members of the State Executive Committee shall continue in office until their successors are duly elected or appointed. However, all members of the Committee ceasing to meet the qualifications of Article III of the Constitution shall cease to be members of the Committee as of the time when such qualifications are not met.
5.9.3. Quorum. Quorum for the State Executive Committee shall be fifty percent (50%) of the voting membership.