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I. NAME AND PURPOSE
- 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.
- 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.
- 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.
- The foundation of the Independent American Party is based upon
the Judeo-Christian
belief in Almighty God.
- To these ends this Constitution shall govern the affairs of
the legally existing and
recognized Utah Independent American Party.
II. MEMBERSHIP
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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
- The County structural organization shall consist of four
Executive Officers, an
Executive Committee, and the County Convention.
- The County auxiliary organization may consist of Standing and
Special Committees in
accordance with the County Bylaws and as needed.
- The County extended organization shall include all Precinct
organizations within the
County.
VII. COUNTY EXECUTIVE OFFICERS
- 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.
- 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.
- 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.
- 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.
- 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
- The County Executive Committee shall consist of the County
Executive Officers, and other
active Party Members elected in accordance with the County
Bylaws.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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
- The State structural organization shall consist of four State
Executive Officers, the
Executive Committee, and the State Convention.
- The State auxiliary organization shall consist of Standing
Committees, and may consist
of Special Committees as needed.
- The State extended organization shall include all County
and District
organizations within the State.
XI. STATE EXECUTIVE OFFICERS
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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
- 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
- Rules for State and County Conventions, all State Committee
meetings, and County
Executive Committee meetings:
- 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.
- 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.
- The agenda for Conventions and formal meetings shall
include an invocation, flag salute,
and benediction.
- 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.
- Rules specifically for State and County Conventions:
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- Rules specifically for all State Committee and County
Executive Committee meetings:
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- The procedure for recall is:
- 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.
- 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.
- The procedure for impeachment is:
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.
- 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
- 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.
- 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.
- 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.
- 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.]
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