Considerations for Sample
Independent American State Party Constitution and Bylaws

GENERAL

Each organized state party that is or desires to affiliate with the national Independent American Party should have its own Constitution and Bylaws. The national party has designed sample documents to help state leaders and delegates in drafting their own C&BL. Party leaders should review any state statutes that may regulate the content or form of a party C&BL.

The material in the sample Constitution and sample Bylaws is intended for cut and paste in drafting a set of state party documents, but a state party can use the sample documents almost verbatim if they meet the state party's needs and comply with state law. However, each occurrence of <#SN> in these sample documents should be replaced with the state's name (such as Kansas). Each occurrence of IAP-<#SA> should be replaced with IAP- and the state's postal abbreviation (such as IAP-KS).

Following are comments that may be taken into consideration for each Constitution article and Bylaws section:

ARTICLE I / SECTION 1 - NAME

The national Independent American Party strongly encourages each affiliated state party to include "Independent American" in its name. However, there are valid reasons for having a different name, including: (1) State law prohibits the use of "American" or "Independent" in a party name. (2) State law requires a shorter party name. (3) There is another party in the state registered with a similar name. (4) The state party membership prefers a different name.

ARTICLE II / SECTION 2 - OBJECT

The Mission statement provided is the same as the national IAP Mission statement, but with allegiance to the state's Constitution also included.

ARTICLE III / SECTION 3 - MEMBERSHIP

In states where election laws provide for registration by parties, the State Party may at some point require that "active members" be formally registered as IAP members.

ARTICLE IV / SECTION 4 - CAUCUS ORGANIZATIONS

In states that have only one Congressional district, providing for a Congressional District Caucus organization would be meaningless.

Some states use the term "Assembly" or other title for their lower legislative house. Nebraska has only one house. Some states use a different term for Precinct.

ARTICLE V / SECTION 5 - COUNTY ORGANIZATIONS

Some states have "independent cities" that are separate from any county. Such cities ought to be treated like counties in the party organization.

ARTICLE VI / SECTION 6 - STATE ORGANIZATION

The number of three representatives from each Congressional District on the state Executive Committee is arbitrary, and may to be reduced for states with a large number of actual and/or organized Congressional District Caucuses.

Having only the County Chair from each organized county on the Central Committee is arbitrary, and may be increased in states with few actual and/or organized counties.

States with "independent cities" that are separate from any county, ought to insure their representation on the Central Committee.

The state party may at some point want to provide in its bylaws for auxiliary organizations such as "Women's Auxiliary", "Youth Auxiliary", "College Auxiliary", etc.

ARTICLE VII / SECTION 7 - NATIONAL ORGANIZATION

The IAP National Committee has the right to decide when to accept affiliation of a state party, and the number of National Committee and National Convention delegates and alternates the state party shall be entitled too.

ARTICLE VIII / SECTION 8 - SUPREMACY / GENERAL

In cases where candidates may participate in a state or local primary election, the voting scheme may need to be modified to allow the two highest vote-getters at the convention to participate in the primary. However, the party may want to avoid a primary if the highest vote getter gets a certain percentage (such as 60% or 70%).

Some state statutes may not allow a vote for "None of the Above"

ARTICLE IX / SECTION 9 - AMENDMENTS

It is traditionally by convention more difficult to the change a Constitution than Bylaws.

ARTICLE X / SECTION 10 - ESTABLISHMENT

Since the C&BL are initially adopted by a simple majority vote, and typically without adequate consideration and discussion at the first organizing meeting, it seems proper to allow a change to these documents by another simple majority vote within one year, at which time members will have had sufficient time to adequately review their content.