Utah Independent American
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Constitution

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I. NAME AND PURPOSE

  1. The official name of this political Party is the Utah Independent American Party (also referred to as the "State Party," or "Party," or "IAP"). The official name of each of the affiliated County organizations shall be the ________ County Independent American Party.
  2. The mission of the Independent American Party is to unite citizens in finding, electing, and otherwise supporting IAP Candidates who will -- with integrity and honesty -- uphold and defend the United States Constitution and the Party Platform.
  3. The general purpose of the Independent American Party is to promote freedom and good government in an efficient manner through a cohesive organization founded upon correct principles and directed by dedicated and moral people, even to the extent of supporting good Candidates in other political parties when not in contest with IAP Candidates.
  4. The foundation of the Independent American Party is based upon the Judeo-Christian belief in Almighty God.
  5. To these ends this Constitution shall govern the affairs of the legally existing and recognized Utah Independent American Party.

II. MEMBERSHIP

  1. An "active Member" of the Independent American Party is one who is a registered voter in the State of Utah, and who attends, participates and votes at State or County Conventions or meetings of the Party.
  2. All active Members of the Party are requested to (1) pledge allegiance to the flag of the United States of America; (2) take the affirmation, "I do solemnly affirm that I will support, obey and defend the Constitution for the United States of America;" (3) agree to adhere to the State Constitution and appropriate County Bylaws of the Independent American Party. Such pledge, affirmation and agreement shall be made at the State and County Conventions.
  3. All Party Officers, Delegates, and Candidates for public office, excepting for President and Vice President of the United States, must be active Members of the Party in good standing, and must endorse and support the Party Platform.

III. PRECINCT ORGANIZATION

  1. The Precinct organization shall consist of a Chairman, Vice Chairman and the Precinct Caucus. The Precinct Caucus shall consist of all Party Members residing in the Precinct who attend the Precinct Caucus meeting.
  2. The Precinct Chairman shall (1) preside over the Precinct Caucus meeting; (2) submit to the County Secretary or other designated person a list of the Officers, Delegates and Alternates chosen and Party Members in attendance at the Precinct Caucus meeting. Such list shall be submitted within the time period specified by the County Bylaws, but no later than one week following the caucus meeting. The Precinct Vice Chairman shall assume the Chairman's duties in his absence or disability.
  3. The Precinct Caucus shall meet in even-numbered years on the date specified by State law. They shall elect a Chairman and Vice Chairman who shall also serve as the two Delegates to the County Convention; and they shall elect numbered Alternates (as 1st, 2nd and 3rd Alternate) to the County Convention. The Officers, Delegates and Alternates shall serve for a two-year term.

IV. DISTRICT ORGANIZATIONS

  1. The Representative District organization shall consist of all Party Members residing in a State House of Representatives District. County Delegates from the District for single-County Districts, and State Delegates from the District for multi-County Districts, shall caucus at the County or State Nominating Convention, as appropriate, and nominate or reject Candidates for public office in that District. If less than three Delegates are present at the caucus, they shall defer the nomination or rejection of Candidates for that District to the appropriate County or State Convention.
  2. The Senate District organization shall consist of all Party Members residing in a State Senate District. County Delegates from the District for single-County Districts, and State Delegates from the District for multi-County Districts, shall caucus at the County or State Nominating Convention, as appropriate, and nominate or reject Candidates for public office in that District. If less than five Delegates are present at the caucus, they shall defer the nomination or rejection of Candidates for that District to the appropriate County or State Convention.
  3. The Congressional District organization shall consist of all Party Members residing in a Congressional District. State Delegates from the District shall caucus at the State Nominating Convention and nominate or reject Candidates for public office in that District. If less than nine Delegates are present at the caucus, they shall defer the nomination or rejection of Candidates for that District to the State Convention.

V. CONGRESSIONAL DISTRICT COORDINATORS

  1. Three Congressional District Coordinators shall be elected from each Congressional District at the State Nominating Convention for a one-year term, and at the State Organizing Convention for a one-year term.
  2. The Congressional District Coordinators shall (1) serve on the State Executive Committee; (2) serve as liaison between the County Chairmen in their Congressional District and the State Chairman; (3) coordinate Party activities within their Congressional District.  The Coordinators need not reside in their Congressional District .

VI. COUNTY ORGANIZATION

  1. The County structural organization shall consist of four Executive Officers, an Executive Committee, and the County Convention.
  2. The County auxiliary organization may consist of Standing and Special Committees in accordance with the County Bylaws and as needed.
  3. The County extended organization shall include all Precinct organizations within the County.

VII. COUNTY EXECUTIVE OFFICERS

  1. The County Executive Officers shall consist of a Chairman, Vice Chairman, Secretary and Treasurer who are elected for two-years terms at the County Organizing Convention. They shall also be the Executive Officers over the County Executive Committee and the County Convention.
  2. The County Chairman shall (1) schedule and preside over the meetings of the County Executive Officers, Executive Committee and County Convention; (2) appoint or remove Standing and Special Committee Chairmen and Members as needed; (3) nominate additional Delegates to the County Convention when appropriate; (4) oversee and coordinate the activities of all Party organizations within his jurisdiction; (5) be responsible for all fundraising activities in his jurisdiction; (6) enforce this Constitution at the County level; (7) serve as liaison to the County Clerk's office; (8) be the sole spokesman for the Party at the County level.
  3. The County Vice Chairman shall (1) assist the County Chairman in his duties; (2) assume the duties of the County Chairman in case of the Chairman's absence or disability to perform his duties; (3) perform other duties assigned by the County Chairman.
  4. The County Secretary shall (1) notify all appropriate Members of scheduled meetings of the County Executive Committee and County Convention; (2) keep minutes and records for all such meetings, and report the minutes of previous meetings as appropriate; (3) maintain a database of all Party Officers, Candidates, Delegates and Members within the County; (4) disseminate the database information to Candidates and other Party Members only at the discretion of the County Executive Committee; (5) provide a names-only list of all County Officers, Candidates and Delegates to interested persons upon written request; (6) provide to the State Chairman and/or State Secretary periodic lists of County Executive Officers and Candidates on a timely basis, and of County-elected State Delegates at least two weeks prior to the scheduled State Convention; (7) maintain current copies of the County Bylaws; (8) assume the duties of County Chairman in the absence or disability of both the Chairman and Vice Chairman.
  5. The County Treasurer shall (1) maintain financial records of all County Party activities; (2) report on finances at County meetings and Conventions as appropriate; (3) make deposits and expenditures as directed by the County Executive Committee; (4) prepare an annual operating budget for approval by the County Executive Committee; (5) file all State-required County financial reports with the Lieutenant Governor's office; (6) serve as temporary County Chairman in the absence or disability of all the other County Executive Officers.

VIII. COUNTY EXECUTIVE COMMITTEE

  1. The County Executive Committee shall consist of the County Executive Officers, and other active Party Members elected in accordance with the County Bylaws.
  2. The County Executive Committee shall (1) meet at least monthly; (2) fill any vacancies in the County Executive Officers; (3) approve or reject any appointments or removals by the County Chairman; (4) sustain or censure the actions of the County Executive Officers; (5) select or remove temporary Precinct Chairmen when there are no elected Precinct Officers; (6) elect State Convention Alternates when there is a vacancy in that position; (7) fill Candidate vacancies for single-County races (except for Congress) when allowed by State law; (8) set Party policy and conduct the affairs of the County Party organization; (9) carry out all other duties assigned in this Constitution.
  3. The County Executive Committee Members shall be elected at the times and for the terms (not to exceed two years) specified by the County Bylaws.

IX. COUNTY CONVENTION

  1. The County Convention shall consist of (1) the County Executive Officers, (2) all County Delegates elected at the Precinct Caucus meetings, (3) elected Alternates filling in for elected Delegates, and (4) any other active County Party Members in accordance with the County Bylaws. The number of original County Delegates allowed for each Precinct shall be two and the number of Alternates shall be three. Herein: Nominating Convention, Organizing Convention, Semi-Annual Convention, Quarterly Convention and Special Convention refer to specific sessions of the County Convention; Annual Convention refers to the County Nominating or Organizing Convention session for that year.
  2. The County Convention shall (1) meet annually at the Nominating or Organizing Convention; (2) meet semi-annually at the Semi-Annual Convention; (3) meet at other times as needed or desired at Quarterly or Special Conventions; (4) sustain or reject any appointments, removals, elections or actions by the County Executive Officers or Executive Committee; (5) set Party policy and conduct the affairs of the County Party organization; (6) carry out all other duties assigned in this Constitution. The County Convention may also remove a Precinct Officer or County Convention Delegate or Alternate from his position in the County by a two-thirds (2/3) majority vote.
  3. The County Nominating Convention shall convene in even-numbered years at least two weeks prior to the scheduled State Nominating Convention. The County Officers and Delegates present shall (1) hold District caucuses for nominations of single-County State Legislative Candidates; (2) nominate or reject Candidates for single-County State Legislative Districts when selections for such were not determined in a District caucus; (3) nominate or reject Candidates for County offices; (4) elect new Delegates and numbered Alternates to the State Convention for a one-year term; (5) conduct other appropriate Party business and activities. If less than five County Delegates are in attendance, the County Convention shall defer the nomination or rejection of Candidates for public office to the State Convention.
  4. The County Organizing Convention shall convene in odd-numbered years at least two weeks prior to the scheduled State Organizing Convention. The County Officers and Delegates present shall (1) elect new County Executive Officers for a two-year term; (2) elect new Delegates and numbered Alternates (as 1st, 2nd, ... Alternates, etc.) to the State Convention for a one-year term; (3) conduct other appropriate Party business and activities.
  5. The County Semi-Annual Convention shall convene in the Fall or Winter between the annual Conventions to conduct general or special Party business. County Quarterly or Special Conventions may be called at other times for the purpose of conducting general or special Party business and activities.

X. STATE ORGANIZATION

  1. The State structural organization shall consist of four State Executive Officers, the Executive Committee, and the State Convention.
  2. The State auxiliary organization shall consist of Standing Committees, and may consist of Special Committees as needed.
  3. The State extended organization shall include all County and District organizations within the State.

XI. STATE EXECUTIVE OFFICERS

  1. The State Executive Officers shall consist of a Chairman, Vice Chairman, Secretary and Treasurer who are elected for two-year terms at the State Organizing Conventions. They shall also be the Executive Officers over the State Executive Committee and the State Convention.
  2. The State Chairman shall (1) schedule and preside over the meetings of the State Executive Officers, Executive Committee and State Convention; (2) appoint or remove Standing and Special Committee Chairmen and Members as needed; (3) nominate additional Delegates to the State Convention when appropriate; (4) oversee and coordinate the activities of all Party organizations within his jurisdiction; (5) be responsible for all fundraising activities within his jurisdiction; (6) enforce this Constitution at the State level; (7) serve as liaison to the Lieutenant Governor's office; (8) be the sole spokesman for the Party at the State level.
  3. The State Vice Chairman shall (1) assist the State Chairman in his duties; (2) assume the duties of the State Chairman in case of the Chairman's absence or disability to perform his duties; (3) perform other duties assigned by the State Chairman.
  4. The State Secretary shall (1) notify all appropriate Members of scheduled meetings of the State Executive Committee and State Convention; (2) keep minutes and records for all such meetings, and report the minutes of previous meetings as appropriate; (3) maintain a database of all Party Officers, Candidates, Delegates and Members in the State; (4) disseminate the database information to Candidates and other Party Members only at the discretion of the State Executive Committee; (5) provide a names-only list of all State Officers, Candidates and Delegates to interested persons upon written request; (6) maintain current copies of the State Constitution and Platform and the Bylaws of all organized Counties; (7) assume the duties of State Chairman in the absence or disability of both the Chairman and Vice Chairman.
  5. The State Treasurer shall (1) maintain financial records of all State Party activities; (2) report on finances at State meetings and Conventions as appropriate; (3) make deposits and expenditures as directed by the State Executive Committee; (4) prepare an annual operating budget for approval by the State Executive Committee; (5) file all State-required financial reports with the Lieutenant Governor's office; (6) serve as temporary State Chairman in the absence or disability of all the other Executive Officers.

XII. STATE EXECUTIVE COMMITTEE

  1. The State Executive Committee shall consist of (1) the State Executive Officers and (2) the Congressional District Coordinators. County Chairmen who are not Members of the State Executive Committee may attend and participate in the Committee's meetings, but they shall not be numbered as part of the quorum, nor shall they have a vote.
  2. The State Executive Committee shall (1) meet at least monthly; (2) fill any vacancies in the State Executive Officers; (3) approve or reject any appointments or removals by the State Chairman; (4) select or remove temporary County Chairmen when there are no elected County Executive Officers; (5) select or remove temporary Congressional District Coordinators when there is no elected Coordinator; (6) determine which presidential candidates may participate in the Party's Presidential Primary Election and establish guidelines for such; (7) elect temporary National Committeemen or National Convention Alternates when there is a vacancy in either of those positions; (8) fill Candidate vacancies for multi-County and Congressional races when allowed by State law; (9) sustain or censure the actions of the State Executive Officers; (10) set Party policy and conduct the affairs of the State Party organization; (11) carry out all other duties assigned in this Constitution.
  3. Each Congressional District Coordinator shall have the authority to appoint a temporary replacement to attend the Executive Committee meetings in his absence. The replacement need not reside in the same Congressional District as the Committee Member.

XIII. STATE STANDING COMMITTEES

  1. The State Standing Committees are continuous, and shall consist of the Constitution Committee, Convention Committee, Fundraising Committee, Recruitment/Training Committee and Media Committee. Their Chairmen and Members shall be appointed by the State Chairman. Each Standing Committee may form Subcommittees to carry out specific functions of the Committee.
  2. The State Constitution Committee shall have the responsibility for processing and conducting hearings on (1) proposed amendments and revisions to this Constitution; (2) proposed planks to the State Party Platform; (3) proposed resolutions by the State Party organization. They shall submit all proposals for the foregoing to the State Executive Committee, who shall then make the final recommendations at the next applicable State Convention.
  3. The State Convention Committee shall have the responsibility for (1) the physical arrangements, credentials, agenda, rules, caucuses and elections as applicable for each State Convention; (2) submitting their proposals for each of the foregoing to the State Executive Committee for approval; (3) assisting the County organizations with their Conventions upon request of the County Chairmen. The Credentials Subcommittee shall certify the accreditation of Delegates attending the Convention. The Rules Subcommittee shall propose any special rules for the Convention. The Caucuses and Elections Subcommittee shall supervise caucuses and elections at the Convention.
  4. The State Fundraising Committee shall have the responsibility for (1) advising the Party and its Officers at all levels on fundraising and other financial matters as requested by the State Executive Committee; (2) keeping informed on techniques, procedures and legal reporting requirements so it can advise the Party Officers and Candidates at all times. The State Chairman shall be co-Chairman over fundraising. The State Treasurer shall be co-Chairman over finance.
  5. The State Recruitment/Training Committee shall have the responsibility for (1) recruiting new Party Members, Candidates for public office, and Volunteer Workers; (2) conducting training sessions for Party Officers and Candidates; (3) keeping informed on the techniques and procedures for recruiting and training; (4) preparing recruiting and training materials; (5) assisting the State Secretary in building and maintaining a database of Party personnel; (6) providing information and assistance to Party Officers and Candidates.
  6. The State Media Committee shall have the responsibility of (1) assisting the State Chairman in issuing press releases, conducting press conferences, and engaging in other public relation endeavors; (2) attending public meetings, screening newspaper and magazine articles, monitoring radio and television broadcasts, and compiling any useful information from such for use by the Party Officers, Candidates and Members.

XIV. STATE CONVENTION

  1. The State Convention shall consist of the (1) State Executive Officers, (2) all State Delegates elected at the annual County Convention for a one-year term, (3) elected Alternates filling in for elected Delegates, and (4) other active State Party Members recommended by the State Chairman or a majority of the State Executive Committee Members present, and approved by the existing Convention Delegates. Herein: Nominating Convention, Organizing Convention, Semi-Annual Convention, Quarterly Convention and Special Convention refer to specific sessions of the State Convention; Annual Convention refers to the State Nominating or Organizing Convention session for that year.
  2. The number of original State Delegates and Alternates allowed for each County shall be determined by the State Executive Committee based on a fair representation of the number of votes cast for Independent American Party Candidates in the last general election or by population, but each County shall be entitled to at least two Delegates. The County Chairman shall be one of the Delegates chosen from each County.
  3. The State Convention shall (1) meet annually at the Nominating or Organizing Conventions; (2) meet semi-annually at the Semi-Annual Convention; (3) meet at other times as needed or desired at Quarterly or Special Conventions; (4) sustain or reject any appointments, removals, elections or actions by the State Executive Officers or Executive Committee; (5) set Party policy and conduct the affairs of the State Party organization; (6) carry out all other duties assigned in this Constitution. The State Convention may also remove a State Delegate or Alternate from his position by a two-thirds (2/3) majority vote.
  4. The State Nominating Convention shall convene in even-numbered years during the period required by State law. The State Officers and Delegates present shall (1) hold District caucuses for nominations of multi-County State Legislative Candidates and for all Congressional Candidates; (2) nominate or reject Candidates for County offices, State Legislative and Congressional Districts when selections for such were not determined in a County Convention or District caucus; (3) nominate or reject Candidates for State offices and for U.S. Senator when applicable; (4) elect Presidential Electors, and Delegates and Alternates to the National Convention when applicable; (5) adopt a Party Platform; (6) hold Congressional District caucuses for the election of Congressional District Coordinators for a one-year term; (7) conduct other appropriate Party business and activities. Candidates for Governor and Lieutenant Governor shall be nominated as a joint ticket.
  5. The State Organizing Convention shall convene in odd-numbered years during the 2nd quarter of that year. The State Officers and Delegates present shall (1) hold Congressional District caucuses for the election of Congressional District Coordinators for a one-year term; (2) elect new State Executive Officers for a two-year term; (3) elect new Committeemen to the National Committee for a term authorized by the National Committee; (4) conduct other appropriate Party business and activities.
  6. The State Semi-Annual Convention shall convene in the Fall or Winter between the annual Conventions to conduct general or special Party business. State Quarterly or Special Conventions may be called at other times for the purpose of conducting general or special Party business and activities.

XV. NATIONAL ORGANIZATION

  1. The National organization shall be the national Independent American Party. The State Convention shall elect Committeemen to the National Committee, and Delegates and Alternates to the National Convention in the numbers and at the times specified by the National organization. The State Chairman shall be one of the National Committeemen. The State Convention may suspend affiliation with the National organization at any time by a two-thirds (2/3) vote.
  2. The National Convention, meeting in years of presidential elections, shall be attended by the National Delegates and Alternates elected at the State Nominating Convention. These Delegates shall cast their first vote for any eligible candidate who receives a majority vote in the preceding State Party's Presidential Primary Election on the first ballot for President of the United States at the National Convention
  3. If the President and Vice President Nominees selected by the National Convention are deemed unacceptable to the State Executive Committee, then a State Special Convention may be called. The Convention shall then choose to accept the National Nominees, elect new National Nominees, or have no Nominees for the office of President and Vice President of the United States. If the National Nominees are not rejected by a two-thirds (2/3) vote of the State Convention, they shall remain as the State Party's National Nominees.

XVI. GENERAL RULES

  1. Rules for State and County Conventions, all State Committee meetings, and County Executive Committee meetings:
    1. All Convention opening sessions and regular and special Committee meetings shall be announced to all appropriate Delegates and Committee Members at least ten days prior to the session or meeting by First Class Mail, or by any other means agreed to by the recipient, or by any available means in the case of an emergency.
    2. Roberts Rules of Order, Newly Revised, shall be followed at all Conventions and formal meetings unless the voting Officers and Members at such meetings decide otherwise by a two-thirds (2/3) vote; and shall be a guiding document for all other matters when not in contradiction to this Constitution. A Parliamentarian may be appointed by the Chairman to rule on questions and interpretation of said rules.
    3. The agenda for Conventions and formal meetings shall include an invocation, flag salute, and benediction.
    4. The Chairman presiding over Executive Committee meetings or Convention sessions shall have a vote only in the case of a tie, or when voting by secret ballot, or when voting in appellate impeachment proceedings, or when a super-majority vote is required.
  2. Rules specifically for State and County Conventions:
    1. In the case that a Delegate is absent from a Convention session, the lowest-numbered Alternate may take his place at that session. If a Delegate vacancy occurs, the lowest-numbered Alternate may take his place for the duration of the term. Alternate Delegates present at a Convention may be seated as full Delegates for the remainder of the Delegate term if approved by the sitting Delegates. A quorum shall consist of all Officers and Delegates in attendance at the Convention.
    2. All elections for Party Officers, nominations of Candidates to public office, and any other appropriate matter for which a secret ballot is requested by any Member, shall be done by secret ballot; and shall require at least a majority vote of those voting to carry.
    3. All elections for Party Officers and candidates for Public Office shall include the choice of "None" (or "None of the Above"). A coin toss shall be used to break an election tie, except if a single Candidate ties with the choice of "None", the Candidate shall be eliminated
    4. Elections for Party Office:
      *    Where more than one Candidate is running for the same Office, runoff elections shall be held until one Candidate receives a majority of the votes cast, who shall then be declared the winner. The Candidates with the least number of votes, whose total votes combined constitute a minority of the total votes cast, shall be eliminated from the series of runoff elections. The choice of "None" shall remain on every runoff election ballot.
      *    If the choice of "None" receives at least one-half (½) of the votes cast, the Convention may choose to hold a second election immediately for the same Party Office. If no Officer is elected, then that position shall remain vacant until filled by other means as provided for in this Constitution.
    5. Elections for Public Office:
      *    Where more than one Candidate is running for the same office at the State Convention, runoff elections shall be held until (1) any one Candidate receives sixty (60) percent or more of the votes cast, in which case he shall be the Nominee; or (2) the choice narrows to two remaining candidates (and the choice of "None") who together receive ninety (90) percent of the votes cast but each receives less than sixty (60) percent, in which case they shall both run in the Utah State Primary Election; or (3) the choice narrows to one remaining candidate and the choice of "None," in which case the Candidate shall be the Nominee if he receives a simple majority of the votes cast.
      *    The Candidates with the least number of votes, whose total votes combined constitute a minority of the total votes cast, shall be eliminated from the series of runoff elections (except as provided above). The choice of "None" shall remain on every runoff election ballot. If the choice of "None" receives at least one-half (½) of the votes cast, the Party shall have no Nominee for that public office.
    6. The Executive Officers presiding over a Nominating Convention shall not endorse one Party Candidate over another Party Candidate for public office when both Candidates are active Party Members in good standing.
    7. The business and activities at State and County Quarterly and Special Conventions shall be limited to that for which the Convention was called and must have been listed in the official notices of the Convention.
  3. Rules specifically for all State Committee and County Executive Committee meetings:
    1. The three types of Committees allowed at the State and County levels are Structural Committees, Standing Committees and Special Committees. The Structural Committees are the State and County Executive Committees. The State Standing Committees are those specified in this Constitution, which shall have a continuous existence, and which shall have no other authority except that Stated in this Constitution. Special Committees are created as needed for specific purposes and time periods, which shall be Stated in their charge.
    2. A special meeting of any Committee may be called by either (1) a notice from the Chairman or Vice Chairman of the Committee; or (2) by a written request to either the Chairman or Vice Chairman signed by at least twenty (20) percent of the Committee Members, in which case the meeting must be called within fifteen (15) days.
    3. An emergency meeting for valid reasons may be called by any Member of a Committee with at least one day's notice, in which case he shall personally contact the other Members of the Committee and notify them of the emergency. Only business pertaining to the emergency may be conducted.
    4. A quorum of at least fifty (50) percent of the Committee Membership at a Committee meeting is required in order for the Committee to conduct any official business.

XVII. DISCIPLINARY ACTION

  1. Any Member of the Party may be recalled from his position as an Officer, Delegate, Alternate, Committeeman, Presidential Elector, or other elected post by the body that elected him to that position. Any Member of the Party may be impeached and convicted by either his County or the State Party organization.
  2. The recall or impeachment hearings shall be held in the County of the accused, unless a different locality shall be agreed upon by all parties concerned. The accused may not sit in judgement of himself. The accused or accusers may be represented by counsel of their choice. All parties shall be heard at the hearings. Sufficient proof of guilt, as determined by those hearing the proceedings, must be presented. The official publicity of the outcome shall be at the discretion of the Committee holding the final hearings.
  3. The grounds for recall may be (1) lack of time or ability, or the seeming lack of inclination to perform the reasonable duties of the office; (2) unwillingness to abide by this Constitution or support the Party Platform; (3) active participation in another organization where there is a substantial conflict of interest; or (4) any of the grounds for impeachment, but to a lesser degree.
    The grounds for impeachment may be (1) Membership in any subversive or militant organization deemed to hold principles in substantial conflict with the principles of the Independent American Party; (2) evidence of continued support of such a cause or issue contrary to the principles of the Independent American Party after reasonable effort to increase his understanding has been presented; (3) conduct of a sufficiently serious nature leading to adverse publicity; or (4) deliberately causing substantial and unreasonable contention.
  4. The procedure for recall is:
    1. The signing of a recall petition by at least ten (10) percent of the Precinct or County or State Convention Delegates at the level that voted the accused Party to his presently held position; which shall be filed with the Chairman and Vice Chairman at that level.
    2. A hearing shall be held within twenty (20) days after the filing of the recall petition before the Members of said Precinct or Convention. If the petition is approved by a two-thirds (2/3) vote by secret ballot of the Members present, the accused Party shall be removed from his position. New elections shall be held immediately.
  5. The procedure for impeachment is:
    1. The signing of an impeachment petition by at least fifty (50) percent of the State or County Executive Committee Members or Convention Delegates within the same jurisdiction of the accused; which shall be filed with the Chairman and Vice Chairman of the County of the accused.
    2. A hearing shall be held within twenty (20) days after the filing of the impeachment petition before the Executive Committee of the County of the accused. If the petition is approved by a two-thirds (2/3) vote by secret ballot of the Members present, the accused Party shall be convicted of the charges; and any penalties shall be imposed by the same method.
    3. The only penalties imposable shall be (1) denial of participation at Party meetings and Conventions; (2) denial of voting privileges at Party meetings and Conventions; (3) removal from any Party offices or positions held and disbarment from holding any Party office or position in the future; (4) the loss of his good standing in the Party.
    4. An appeal of the verdict or of any penalties imposed, may be filed with the State Chairman by the accused or any of the accusers, in writing, within ten days after the above hearing. The State Executive Officers shall then meet within ten (10) days, review the evidence and hear summations by the accused and one of the accusers. A unanimous vote by the State Executive Officers to affirm the lower decision shall be final.
    5. If the State Executive Officers fail to uphold the lower decision, a final appellate review hearing shall be held before the State Executive Committee within twenty (20) days after that decision. A majority roll call vote for the acquittal, or conviction and penalties of the accused shall be final.

XVIII. FINANCES

  1. The State Party and its affiliated County organizations shall not enter into any contract, transaction or other obligation of a financial nature without the approval of the applicable State or County Executive Committee; nor shall any financial obligation that extends beyond the term of the office of the applicable State or County Chairman be entered into without the approval of the applicable State or County Convention. Any Officer or Member of the Party who acts in contravention to this Article shall be personally liable for any financial commitments made.
  2. Each affiliated County, which is organized and capable of handling its own funds, shall provide its proportionate share of the State operating budget. The State Executive Committee shall have the responsibility of establishing, from year to year, the proportionate financial share of each affiliated County.
  3. All contributions received directly by the State Tax Commission for organized Counties, shall be returned to the County from which the contribution was received or applied in full to the account of that County to reduce the amount of that County's assessment due.
  4. All State salaries, wages, reimbursements, fees or payments of any kind shall be first approved by the State Chairman subject to ratification at the next monthly State Executive Committee meeting. All State disbursements shall be made over the signature of at least two of the State Executive Officers and notification to the State Treasurer. All funds shall be deposited in the Party's bank account, and all expenses shall be paid by check from that account.

XIX. SUPREMACY

  1. This State Constitution shall be the ruling document for all Independent American Party organizations within the State of Utah. This Constitution is severable in that if any portion hereof be declared void, all other portions shall remain binding and effective.
  2. No County organization shall establish another Constitution, but it shall establish its own County Bylaws, providing that such Bylaws do not contradict this State Constitution in any way. No County organization shall adopt a Platform of its own.
  3. The State Convention is the supreme governing body of the Party throughout the State of Utah; and when it is not in session, then the State Executive Committee.
  4. The County Convention is the supreme governing body of the Party throughout the County, subservient only to the State authority; and when it is not in session, then the County Executive Committee.
  5. The National Committee or National Party organization shall have no jurisdiction over the internal affairs of the State Party or its subordinate organizations.

XX. AMENDMENTS

  1. Proposed amendments or revisions to this Constitution may be filed with the State Constitution Committee by any active Member of the Party no later than two months prior to the next State Annual Convention or State Semi-Annual Convention.
  2. The Constitution Committee shall formulate the proposed changes, and present them in their original and revised form before the State Executive Committee, which Committee shall then consider revisions of its own.
  3. The State Executive Committee shall hold hearings on the proposed changes within one week prior to the applicable State Convention, and allow all interested Party Members to be heard or summations of their written arguments to be read.
  4. The Constitution Committee shall present the final version of the proposed amendments and revisions for the State Constitution along with the recommendations of the State Executive Committee at the State Annual Convention or State Semi-Annual Convention, and hear final arguments for the same. The proposed amendments or revisions shall be in force if and when approved by two-thirds (2/3) of the State Delegates present and voting.

[Adopted by State Convention on 3 May 1997. Superceded previous Constitution and Bylaws.
Article XV, Section A, revised by State Convention on 7 November 1998 to change national organization to United States Independent American Party. 
Article XII, Section B, revised to provide for selection of presidential primary candidates; Article XV, Section A, revised to change national organization to "national Independent American Party"; Article XV, Section B, revised to bind national delegates to winner of presidential primary election -- done by State Convention on 4 December 1999. 
Articles V, X, XII and XIV modified to replace Area Coordinators with Congressional District Coordinators; and to replace County Chairs and Area Coordinators with Congressional District Coordinators on the State Executive Committee -- done by State Convention on 5 May 2001.]