THE RULES
OF THE DEMOCRATIC PARTY OF MAINE
PREAMBLE
These rules and procedures are adopted to guarantee access to 11 who wish to join the Democratic Party of Maine, and equality to all who choose to participate in its affairs.
To urge public policies which consider the needs of all, and which recognize the rights of each; to provide candidates who are beholden only to their constituencies and to their consciences; to speak for no one person; no one group, no one interest, but to hear and serve them all. These are the responsibilities of the Democratic Party of Maine.
The needs of an individual or of a society cannot all be met through the political process. To the extent that individual and societal needs can be met through political activity, we resolve that for the people of Maine; the Democratic Party shall be and remain their best means.
Through these practical rules we give substance to the ideal of a political party open to every person, dominated by none.
CHAPTER I
DECLARATION AND PARTICIPATION
§ 100 Declaration
The Democratic Party of Maine declares these rules and procedures to be adopted.
§ 110 Participation
1. The affairs of the Democratic Party of Maine shall be open to all. Discrimination on the basis of age, affectional orientation, color, economic status, ethnic identity, national origin, physical or mental handicap, race, religion, or sex is expressly prohibited.
2. There shall be no proxy voting at any level of the Democratic Party of Maine.
3. No oath or affirmation of loyalty, which is not required by law, shall be required or used at any level of the Democratic Party of Maine.
4. The time, place and agenda of all Democratic Party meetings and events shall be publicized as fully as possible to assure timely notice to all interested persons. Meetings shall be held in places accessible to all party members. Meetings shall begin and end at reasonable hours.
5. The Democratic Party of Maine shall publicize fully and in such manner as to assure timely notice to all interested parties a full description of the legal and practical procedure for the selection of Democratic Party officers and representatives on all levels.
6. In order that the Democratic Party of Maine be a representative party, a program of affirmative action is hereby required. It shall be the duty of all party officers to take effective steps to encourage young people, women and members of minority groups to seek membership on party committees and election to party officials.
7. No person shall be excluded from any Democratic Party function, the conduct of which is governed by State law or by these rules, for inability to pay a fee. The party may, however, charge reasonable fees to finance its functions.
CHAPTER 2
MUNICIPAL COMMITTEES AND CAUCUSES
§ 200 Caucuses Regulated
1. Uniform times. Municipal committees shall call biennial caucuses, which shall begin between 1:00 p.m. and 8:00 p.m., on the date prescribed by the State Committee as part of the call of the convention in each general election year. If a municipal committee fails to caucus on that day, it may caucus at any time; but delegate to the State Convention shall be seated at the State Convention only upon approval of the Credentials Committee.
2. Notification of the State Committee. The municipal committee shall notify the State Committee of the time and place of its caucus at least one week prior to the caucus. Failure to notify the State Committee, or any change in the time or place of the caucus less than one week prior to the caucus, may constitute grounds for the Committee on Credentials to void the caucus.
3. Compliance. Municipal caucuses shall be conducted in accordance with Title 21, Maine Revised Statutes, Chapter 11, Section 361 through 365 as amended. Municipal caucuses shall follow these rules. Copies of the appropriate state law, and pertinent rules shall be provided by the State Committee, to each municipal committee at least thirty days prior to the caucus.
4. Rulings. Any question not covered by State Law or by Party Rules shall be decided by the chairperson of the municipal caucus or committee. Such ruling may be overruled by a majority vote, of the members present at a caucus or committee meeting.
5. Conduct. Each municipal committee shall conduct its affairs as a committee of the whole. In presidential election years a municipal caucus must divide into precincts for the purpose of electing delegates to the State Convention. In a non-presidential election year, a municipal caucus may elect, by majority vote of the members present, to divide into precincts for the purpose of electing delegates to the State Convention. When a municipal caucus is divided into precincts, each precinct caucus shall conduct its affairs as the municipal caucus would otherwise have done.
§ 210 Caucus Procedures
1. Nominations. Nominations for all offices and positions shall be open to all persons qualified to be members of a municipal caucus. Persons may nominate themselves. No motion “that nominations cease” shall be entertained as long as any caucus member desires to make a further nomination. A person need not be present to be nominated and/or elected.
2. Cloture Prohibited. Any caucus member shall have a right to speak and there shall be not cloture.
§ 220 Caucus Reports
The State Committee shall furnish to each municipal caucus, forms suitable for reporting accurately its activities. Within seven days following a municipal caucus, the caucus secretary shall return the completed report. Unless the secretary’s report is challenged within fourteen days following the caucus, it shall become the official record of that caucus.
§ 230 Membership and Officers
1. Membership. Any person who attends a caucus, who is or there becomes a Democrat within that municipality, shall be a member of that caucus and upon request, a member of that municipal committee.
2. Officers. Municipal committees shall elect a chairperson, a secretary, and such other officers as they may consider necessary. Such election shall be held at the biennial caucus or at such other meeting as the municipal committee by-laws so provide. Such officers shall be elected for two-year terms. A municipal committee, by majority vote, may provide for filling any vacancy.
3. Removal. An officer or a member of a municipal committee may be removed at a meeting called expressly for that purpose. Written notice must be given to all members of the committee at least seven days prior to the meeting. Removal shall require the approval of two-thirds of the committee members present and voting.
§ 240 Meetings
1. Place. Municipal caucuses shall be held in public places whenever possible. In no event shall a caucus be held in a private home except in a municipality with fewer than one hundred Democrats. A municipal committee may vote to hold precinct caucuses in separate locations throughout the city.
2. Notice. Whenever possible, each committee member shall be given seven days notice and a written agenda prior to the holding of a committee meeting.
3. By request. Upon receipt of a written request signed by any five members, a municipal committee chairperson shall within thirty days call a meeting to discuss any business mentioned in the written request. Whenever a municipal committee meeting is held, upon request, the notification and agenda requirements contained in 2. of this section shall be mandatory.
CHAPTER 3
ELECTION OF STATE CONVENTION DELEGATES AND ALTERNATES
§ 300 Delegate Selection
Each municipal caucus shall elect delegates and alternates to the State Convention. Delegates and alternates shall be elected on the basis of their presidential preference in Presidential election years. Each municipal caucus shall elect a specific alternate of the same sex for each delegate, and an equal division of men and women for delegates and alternates to the State Convention on a municipality-wide basis to the extent practicable.
1. Municipal caucuses must comply with Chapter 6 § 650.3 subsections E and F.
2. The number of delegates and alternates that each president preference shall receive shall be determined by the percentage of caucus attendants favoring that preference. The procedure for allocating delegates and alternates shall be as follows:
A. count the number of eligible Democrats present at the caucus;
B. count those Democrats according to presidential preference including the category “uncommitted”;
C. determine the number of delegates and alternates to each preference by multiplying the percentage supporting that preference by the total number of delegates to be elected from the municipality, assigning delegates and alternates according to the whole number thus earned, and then assigning delegates and alternates in order to those preferences with the largest remaining fractions until the total number apportioned to a municipality has been assigned;
D. there will be no minimum percentage threshold at any point in the process;
E. inform those whose preference did not attract enough voters to elect a delegate that they are free to choose another preference and to be counted with that group;
F. recount the number of voters within each preference after any shifting has taken place;
G. redetermine the percentages and redetermine the number of delegates and alternates to each preference;
H. send the preference groups to caucus separately and to return with their choices, which delegates are morally committed to vote that preference on the first ballot at the State Convention.
3. Should a delegate fail to attend the State Convention, his or her specific alternate shall act as a delegate. Should both a delegate and his or her specific alternate fail to attend the State Convention, and available alternate of the same preference shall be selected to act as delegate. If no alternate of the same preference from the same municipality is present, any available alternate from the municipality shall be chosen. Such choices of non-specific alternates shall be made in the order in which the altenates’ names appear on that municipality’s official list.
§ 410 Delegate and Alternate Selection by Precincts
Whenever delegates and alternates are elected at the precinct level, all precincts shall be allocated delegates and alternates based upon the percentage of the municipality’s last vote for President or Governor which was cast within that precinct. If this is not possible, delegates and alternates shall be allocated based upon the percentage of the municipality’s Democrats who reside within that precinct. Towns with less than ten delegates which have precincts may decide not to break down by precinct for the caucus.
CHAPTER 4
COUNTY COMMITTEES
§ 400 Membership
Every county committee shall consist of representatives from each municipality within that county. A municipality is herein defined as a city, town or plantation.
1. County Committee Members. At each biennial caucus, municipal committees shall elect members of the county committee as provided in Chapter 4, §400(1). County committee persons shall assume office as soon as elected by the municipal committees, for two-year terms.
2. Each municipality shall be entitled to a minimum of three members on its county committee, one of whom shall be municipal committee chairperson. The additional members shall be divided equally between males and females. Additional members may be elected from each municipality for a certain number of enrolled Democrats within that municipality. The vice chairperson or a designee of the municipal committee may serve as an alternate with full voting rights for the municipal committee chairperson at County Committee meetings.
3. Municipal committee chairperson shall be ex-officio nonvoting members of their respective county committees except that a municipal committee chairperson shall serve as an alternate with a single vote when his or her municipality’s full delegation is not present at a county committee meeting.
4. Officer Removal. An officer of a county committee may be removed at a meeting called expressly for that purpose. Written notice must be given to all members of the committee at least seven days prior to the meeting. Removal shall require the approval of two-thirds of the committee members present and voting.
5. Member removal. Any county committee member may be removed by his or her municipal committee. Removal shall require a vote of two-thirds of the municipal committee members present at a meeting called for that purpose by written notice given seven days prior to said meeting.
§ 410 Meetings
1. County Caucuses. For information on county caucuses held at the State Conventions, see Chapter 6 § 630 subsection 8.
2. By Request. Upon receipt of a written request signed by any five members, a county committee chairperson shall, within thirty days, call a meeting to discuss any business mentioned in the written request. Whenever a county committee meeting is held upon request, a written notice must be given to all members of the committee at least seven days prior to the meeting.
CHAPTER 5
DISTRICT COMMITTEE
§ 500 Membership and Duties
1. Membership. Each Congressional District Committee shall consist of tile members of the State Committee from that congressional District. County Chairperson shall be ex-officio non-voting members of the committees and shall serve as voting alternates entitled to one vote when that county’s full delegation is not present.
2. Duties. As prescribed by state law, the District Committee shall fill a vacancy of the Congressional candidate when one occurs.
CHAPTER 6
STATE CONVENTION
§ 600 Call of the Convention
1. The State Committee shall call the State Convention, which shall be held between April 1 and August 1 of even numbered years.
A. The State Chairperson shall assure that the State Convention is held in accordance with the law of the State of Maine.
B. The Convention Committee of the State Committee shall report to the State Committee on the necessary measures for holding the State Convention.
2. The Call of the Convention shall include:
A. The time and place of the State Convention.
B. The apportionment of State Convention delegates and alternates to each municipality within the State.
C. The day and time on which each municipality should hold its caucus, pursuant to Chapter 3.
D. The rules to be followed in each municipal caucus.
E. The rules of the State Convention.
F. The purposes for which the State Convention is to be held, which shall include:
(1) To elect the State Committee and to approve its by-laws.
(2) To elect delegates and alternates to the Democratic National Convention in Presidential election years.
(3) To elect delegates and alternates to the National Party Conference when one is called.
(4) To nominate Presidential electors in Presidential election years.
(5) To nominate a National Committeeman and National Committeewoman in Presidential election years.
(6) To adopt a platform.
(7) To transact any other business which may properly come before the State Convention.
G. The formula for the apportionment of delegates to the National Convention or National Conference and the results of such apportionment.
3. The Call of the Convention shall be transmitted by the State Chairperson to the Chairperson of each County Committee and each municipal committee not later than sixty days prior to the date of the municipal caucuses.
§ 610 Delegates and Alternates to the State Convention
1. Apportionment. Each municipality shall be entitled to at least one delegate and one alternate. In addition, each municipality shall be entitled to one additional delegate and one additional alternate for each one hundred votes cast for the Democratic candidate for President or Governor in the general election preceding the State Convention, and one additional delegate and alternate for each major fraction of one hundred votes cast. Fifty votes shall be considered a major fraction of one hundred.
2. Only delegates, alternates, members of the staff of the State Convention, members of the press, and others certified by the State Committee may be present on the floor of the State Convention.
3. Challenges to Delegates and Alternates.
A. Any Democrat may challenge any delegate or alternate certified to the State convention by notifying State Headquarters in writing at least one week before the State Convention. A copy of the challenge shall be sent to the Chairperson of the municipal committee in whose caucus the delegate or alternate being challenged was elected. A challenge of an entire municipal delegation must be submitted within fourteen days of its caucus.
B. A challenge shall include the name and address of the delegate or alternate who is being challenged and the reason for the challenge.
C. Immediately upon receipt. State Headquarters shall send copies of every challenge to the Chairperson of the committee on Credentials, and to the delegate or alternate who is challenged.
D. The Chairperson of the Committee on Credentials shall convene that committee at the site of the State Convention at least twenty-four hours before the start of the Convention. The Chairperson may convene the committee at an earlier date. In the event of a challenge to an entire municipal delegation the Committee on Credentials shall meet within 21 days of the challenge to consider that challenge.
E. The Committee on Credentials must consider any statements from the challenger and from the delegate or alternate being challenged, and may take testimony from other persons.
F. After the hearings the Committee on Credentials shall report to the State convention the name of the delegate or alternate it believes is entitled to participate in the State Convention. A minority of the Committee on Credentials may also present to the State convention a report on any challenge. When a number of challenges are to be resolved, the Committee on Credentials shall report them in alphabetical order by municipality.
G. The State Convention shall vote on the report of the Committee on Credentials on each challenge. The report of the Committee on credentials on each challenge must be approved by a majority vote of the State Convention before a challenged delegate or alternate may participate in the State Convention.
§ 620 Organization of the State Convention
1. Temporary Secretary. The Temporary secretary shall be elected by the State Committee at least one month before the State Convention. The Temporary Secretary shall keep the record of the State Convention until the Permanent Secretary is elected.
2. Temporary Chairperson. The Temporary Chairperson shall be elected by the State Committee at least one month before the State Convention. The Temporary Chairperson shall preside over the State Convention until the Permanent Chairperson is elected.
3. Permanent Secretary.
A. The Permanent Secretary shall be nominated by the Committee on Permanent Organization at least one month before the State Convention. Additional nominations shall be accepted from the floor of the State Convention from any delegate.
B. The Permanent Secretary shall be elected by majority of the delegates to the State Convention present and voting.
4. Permanent Chairperson
A. The Permanent Chairperson shall be nominated by the Committee on Permanent Organization at least one month before the State Convention. Additional nominations shall be accepted from the floor of the State Convention from any delegate.
B. The Permanent Chairperson shall be elected by a majority of delegates to the State Convention, present and voting.
5. Committees
A. The members of the Committees of the State Convention shall be elected by the county committees during September of the year preceding the State Convention.
B. Soon after their election, State Headquarters shall send to the Chairperson of each county committee the names and addresses of the members of the Committees of the State Convention.
C. The original meeting of each committee shall be called by the State Chairperson by November I of the year preceding the State Convention.
D. Each of the Committees of the State Convention shall elect a Chairperson from among its members. The functions of each committee, except the Committee on Rules, shall end with the adjournment of the State Convention.
E. The committees of the State Convention shall include a Committee on Permanent Organization, a Committee on Credentials, and a Committee on Rules. These three committees shall consist of seventeen members each; one member from each county and one member 25 tears of age or less chosen by the Young Democrats or by the State Party Chairperson. The Committees of the State Convention shall also include a Committee on Platform consisting of a number of members of the State Committee, plus three members of the permanent Platform and Policy Committee of the State Committee to be elected by the State Committee. The Committee on Platform shall be constituted in the same manner as the State Committee is constituted, under Section 830 of these rules, except for the three State Committee appointees. The three members of the Platform Committee elected by the State Committee shall not be officers of the Committee on Platform.
(1) The Committee on Permanent Organization. The Committee on Permanent Organization shall appoint the Parlimentarian, Sargents-at-Arms and Pages for the State Convention. The Committee shall nominate the Permanent Secretary and Permanent Chairperson.
(2) The Committee on Credentials. The Committee on Credentials shall consider whether or not to seat delegations elected at caucuses not held within the uniform caucus time; and other business that may come before it as a result of Section 710.3 of these rules.
(3) Committee on Rules.
a) The Committee on Rules may propose, for adoption by a majority of the delegates to the State Convention, present and voting, changes to the Rules of the Democratic Party of Maine.
b) Any proposed change in the rules of the Democratic Party of Maine, shall be transmitted in writing to the Chairperson of each county committee each delegate and alternate at least thirty days before the State Convention.
c) Amending the rules: see Chapter 8
d) The Committee on Rules shall continue to meet as necessary after the State Convention until its successor Committee on Rules is elected and its first meeting is called by the State Chairperson. All proposed changes in the rules between State conventions shall be referred to the Committee on Rules. The Committee’s recommendations shall be reported to the State Committee for final action.
(4) Committee on Platform.
a) The Committee on Platform shall call on each Municipal committee to hold a meeting of all enrolled Democrats to discuss issues, ideas and principles which they wish to b,~ included in the party platform. These meetings shall take place between October 15 and 30 in the year prior to the next State Convention. The procedure for calling such meetings shall be the same as for calling a municipal caucus. The State Committee shall supply reporting forms and operating guidelines and may supply topic areas for discussion, without suggesting the direction such should take. The reporting forms shall include space for majority, minority and consensus reports. These reports shall be forwarded to the respective County Committee of each municipality by November 15.
b) The County Committee shall review all of the municipal reports. It shall identify topics and themes of widespread interest in the county, as well as topics where there is significant minority opinion. The County Committee shall report these findings to the Committee on Platform by January 15th. The State Committee shall supply reporting forms and operating guidelines for use by the County Committees. The County Committees may report to the Committee on Platform orally, in addition to the required written report.
c) The Committee on Platform shall order and refine the material presented to it into a set of broad goals of the party. These broad goals may be accompanied by specific recommendations only where the County Committee reports indicate widespread agreement. This is the draft platform.
d) By March 1st, the Committee on Platform shall distribute the draft platform and then shall hold public hearings o:~ it at convenient locations around the state.
e) Amendments to the final platform may be proposed from the floor of the State convention, provided that a petition favoring the change, signed by at least ten delegates, is deposited with the Committee on Platform at least seven days before the Convention. Such amendments shall be transmitted in writing to the delegates when they register at the State Convention.
f) The Chairperson of the Committee on Platform shall present the platform to the State Convention by sections. Minority reports on any plank of the platform may be made by members of the Committee. Amendments previously submitted by petition to any plank in the platform may be moved by a delegate to the State Convention following the reading of the section which includes that plank. To become effective, amendments must be approved by a majority vote of the delegates to the State Convention, present and voting.
g) Following the Convention, the State Committee shall cause the approved platform to be published in the two Maine daily newspapers having the largest circulation.
§ 630 Order of Business of the State Convention
1. The State Convention shall be called by the State Chairperson
2. Invocation.
3. Reading of the Official Call of the Convention.
4. The Chairperson of the State Committee shall introduce the Temporary Chairperson and the Temporary Secretary and shall turn the Chair over to the Temporary Chairperson.
5. The committee on Credentials shall make its report.
6. The Chairperson of the State committee or his designee shall present the Sam Shapiro Award.
7. The Permanent Secretary and Permanent Chairperson shall be elected. Once elected, the Permanent Chairperson shall preside.
8. County Caucuses.
A. County Caucuses shall be called immediately following the election of the Permanent Secretary and the Permanent Chairperson. County caucuses shall not be recessed until all scheduled business has been completed.
B. Voting in County Caucuses.
(1) Only delegates or authorized alternates may vote.
(2)All contested elections shall be by secret ballot. All officers shall be elected by plurality vote.
C. Each county caucus shall elect a chairperson who shall preside at its meeting. Each county caucus shall elect a caucus secretary who shall keep, for the county files, a record of all proceedings, and who shall tabulate all votes.
D. Each county caucus shall nominate that county’s members of State Committee. Nominations shall be by a plurality vote taken in a secret written ballot.
(1) For Rules regarding county representation on the State Committee, see Chapter 7, Section 730.
E. In Presidential election years each county caucus shall elect, by secret ballot, delegates and alternates to the Democratic National Convention.
(1) For Rules on apportionment, nomination and election of National Convention delegates see this Chapter, Section 650.
F. In Presidential election years each county caucus shall elect, by secret ballot, presidential electors.
(1) Nomination petitions for Presidential electors shall be prepared by State Headquarters and distributed on request to any Democrat.
(2) A candidate’s name shall appear on the ballot if he or she obtains, on his or her nomination petitions, the signatures of at least one percent of the delegates to the State Convention and if he or she deposits the nomination petitions with Democratic Headquarters at least seven days prior to the State Convention. A delegate may sign as many petitions as he or she wishes. Within seventy-two hours after the deadline for filing nomination petitions, a public drawing in random order shall determine the ballot position of the candidates.
(3) The candidate from each Congressional District and the two candidates at large receiving the largest number of votes shall be officially nominated by the Maine Democratic Party as Presidential Electors.
G. In Presidential election years, each county caucus shall vote for nomination of National Committeeman and National Committeewoman.
(1) The man or woman who receives the greatest number of votes shall be nominated.
(2) For additional rules concerning National Committee-persons, see this Chapter, Section 660.
H. When a National Party Conference is called, each county caucus shall vote for delegates and alternates to the Conference.
9. Candidates addresses for Democratic primary candidates.
A. Order. The convention shall consider in order Democratic primary candidates for U.S. Senator, Governor, the first Congressional seat and the second Congressional seat.
B. Candidate’s Speeches. Each candidate or their designee will be entitled to speak. The length of the speeches shall be decided by the State Committee prior to the State Convention.
10. The Committee on Platform shall make its report. The debate on the report of the Committee on Platform may be recessed until the third day of the State Convention whenever a convention is scheduled for three days.
11. Elections and Nominations.
A. Election of the State Committee.
B. Certification of the elected delegates and alternates to the Democratic National Convention in Presidential election years.
C. Nomination of Presidential electors in Presidential years.
D. Nomination of National Committeeman and National Committeewoman in Presidential election years.
E. Certification of the elected delegates and alternates to the National Party Conference when one is called.
F. Elect a District committee for each Congressional District. 12. The Committee on Rules shall make its report. 13. Transaction of other official business.
14. Adjournment.
§ 640 Officers of the State Convention
1. Permanent Chairperson.
A. The Permanent Chairperson shall preside at all sessions of the Convention following his or her election.
B. The Permanent Chairperson shall have the sole authority to recognize speakers from the floor of the Convention. Such decision shall be final and not subject to appeal.
C. The Permanent Chairperson shall conduct the Convention in accordance with the Rules of the State Convention.
D. On matters not covered by these Rules, the Permanent Chairperson shall follow Roberts Rules of Order, as most recently revised.
2. Permanent Secretary.
A. The Permanent Secretary shall keep a full and accurate record of the proceedings of the State Convention which shall be kept on permanent file at the State Headquarters.
B. Any delegate may request the advice of the Parlimentarian.
4. Sargent-at-Arms.
The Sargent-at-Arms, under the direction of the Permanent Chairperson, shall preserve order.
5. Voting in the State Convention.
A. Voting may be conducted by voice vote.
B. Any delegate may request a standing vote which the Permanent Chairperson shall call upon request.
C. Upon the request of at least one-fifth of the delegates, present and voting, the Permanent Chairperson shall call for a roll call vote by county.
6. Recess and Adjournment.
A motion to recess or adjourn the State Convention may be made by any delegate and a recess or adjournment shall only be called when such motion is approved by a majority of the delegates to the Convention, present and voting.
§ 650 National Convention and National Conference Delegates and Alternates
All rules which apply to the election of delegates and alternates to the Democratic National Convention in presidential election years shall apply to election of delegates and alternates to national party conferences, except those rules relating to presidential preference.
1. Apportionment formula.
Delegates and alternates to the National Convention shall be elected at the Congressional District level. Delegates and alternates to the National Convention shall be apportioned between the two Congressional Districts by a formula giving equal weight to the vote for the Democratic candidates in the most recent presidential and gubernatorial elections. Delegates and alternates shall be equally divided between delegate women and alternate men and alternate women within each Presidential preference group.
2. Nomination.
A. Any Democrat can be a candidate for delegate to the National Convention. Nomination shall be by petition signed by at least one percent of the number of delegates to the State Convention.
Signers of the petition must be delegates to the State Convention who live within the candidates’ delegate district. Nomination petitions will be available from State Headquarters at least thirty days prior to the municipal caucus.
Each petition shall include the candidate’s name, Congressional District and all of the above information as well as the presidential preference or uncommitted status of the candidate before any signatures are affixed. A delegate may sign as many petitions as he or she wishes.
The petitions must be filed at Democratic State Headquarters, Two Central Plaza, Augusta, Maine, not later than seven days prior to the State. Convention. Within 72 hours of the filing deadline, a public drawing shall determine the position of each candidate on the ballot.
B. Six days prior to the State Convention the staff of the State Committee shall convey to the presidential candidate, or that candidate’s authorized representative a list of persons who have filed for delegate positions pledged to that presidential candidate. All such delegate candidates shall be considered bona fide supporters of the presidential candidate whom they have pledged to support, unless the presidential candidate or that candidate’s authorized representative signifies otherwise in writing to the Democratic State Headquarters within 48 hours of receiving the list.
C. National Convention delegate candidates removed from the list by a presidential candidate, or that candidate’s authorized representative may not be elected as a delegate or alternate pledged to that presidential candidate. However, presidential candidates may not remove any delegate or alternate position to which the presidential candidate is entitled.
D. Any individual or group of Democrats may sponsor or endorse a slate of candidates for delegates. But no slate may, by virtue of such endorsement, receive preferential treatment. All slates must meet identical qualifying requirements for appearing on a ballot at all levels of the delegate selection process.
E. The use of the unit rule or the practice of instructing delegations shall not be permitted at any level of the delegate selection process.
F. No delegate at any level of the delegate selection process shall be mandated by law or Party rule to vote contrary to that individual’s expressed Presidential choice.
3. Election.
A. Quorum. Forty percent of the delegates in each delegate district shall constitute a quorum for selecting National Convention delegates.
B. Statement of Support. At each county caucus immediately following the election of a caucus chairperson and secretary, all State Convention delegates will sign statements of support for the Presidential candidate of their choice or for the status uncommitted. Statements of support for each Presidential contender having at least one qualified candidate of National Delegate, will be provided by the State Headquarters in distinguishing colors to match the color-coded ballots described below.
The caucus chairperson will divide and count the statements of support according to preference and will forward the results immediately to the Permanent Chairperson to the Convention.
The Permanent Chairperson will count the statements in support of each preference within each Congressional District. If any preference fails to receive enough votes to receive a delegate in one or both of the Congressional Districts, the caucus chairpersons in all affected counties will be notified. Supporters of that preference will then be given an opportunity to sign a second statement of support and balloting may begin.
C. Voting. Written ballots shall be provided in distinguishing colors for each Presidential contender. Each distinctively colored ballot shall bear the name of a Presidential candidate and only the names of those National Delegate candidates who support his or her candidacy within a single district. Similarly, uncommitted ballots shall bear only the names of the uncommitted candidates for delegates within the district. Separate ballots shall be provided for delegate candidate men and delegate candidate women within each preference.
The caucus chairperson shall distribute the ballots according to the statements of support signed by the State Convention delegates to insure that no delegate votes outside his or her stated preference.
D. Balloting Procedures.
(1) The following directions shall be printed at the top of each ballot:
Make a cross (X) or check mark (√) in the square by the candidate(s) for whom you wish to vote.
Vote for any number of candidates up to N, but no more than N candidates will be void and will not be counted.
The number to be entered on each ballot in place of N will be determined pursuant to 650.1
(2) Immediately after the balloting and before the counting of any votes, each caucus chairperson will again count the signed statements of support for each preference. This count shall be forwarded to the Permanent Chairperson who will again count the number of statements in support of each preference within each Congressional District. This tabulation will determine the number of National Delegates to be elected for each preference from each Congressional District.
E. Delegates and alternates shall be allocated in a manner which accurately reflects the expressed Presidential preference of uncommitted status of the delegate district. If a preference qualifies for an even number of delegates and alternates, then that preference will elect an equal number of delegate men and delegate women and alternate men and alternate women. If the preference qualifies for an odd number of delegates and alternates, then the highest vote getter will determine whether the odd delegate shall be male or female. Where only one delegate is to be elected, men and women will compete equally for the slot.
F. Within each delegate district the delegate-candidate with the highest number of votes is the first winner, the delegate-candidate with the second highest number of votes is the second winner, and so forth until the National delegates allocated to the preference have been chosen. The next candidates in terms of votes received, will be alternates. Any ties will be decided by a coin toss.
G. If a preference qualifies for a delegate or alternate slot for which there is no candidate, then the State Committee will convene within Seven days of the Convention to fill that vacancy consistent with the preference of the slot.
H. All delegates to the National Convention shall be morally obligated to vote for the Presidential Candidate whom they were elected to support for the first Convention ballot, unless released in writing by the presidential candidate or that candidate’s authorized representatives.
I. Alternates and Vacancies
(1) A National Delegate who is to be absent, or who resigns will select from among the list of alternates a replacement who is of the same Presidential preference and delegate district.
(2) If the National Delegate is unable to select an alternate as specified in 650.3(I) (1) that selection shall be made by the National Delegation in a manner which assures that the alternate selected will be of the same delegate preference and, if possible, from the same delegate district as the delegate being replaced. A vacant alternate position shall be filled in the same manner.
4. Election of Members of Standing Committees for National Convention. This meeting shall take place within one week of the State Convention. At this meeting, a chairperson of the delegation shall be elected.
5. Challenges
A. Any 15 Democrats may challenge the Delegate Selection and Affirmative Action Plan or the Maine Democratic Party’s compliance with that plan, by filing a challenge with the State Party Chair and with the Democratic National Committee, 1625 Massachusetts Avenue, NW, Washington, D.C.. 20036, within 14 days after the alleged violation. The Democratic State Committee must render its decision within 21 days of the filing of the challenge; an aggrieved party may appeal within 10 days thereafter to the Democratic National Committee. The rules of the Democratic National Committee Compliance Review Commission shall be used to determine a challenge.
§ 660 National Committeeman and National Committeewoman
1. National Committee members are elected by the Democratic National Convention and are only nominated by the respective states. In practice, in the absence of a challenge, nomination by a state is tantamount to election and will be so considered in these rules.
2. Nomination. Any Democrat can be a candidate for National Committeeman or National Committeewoman. Nomination shall be by petition signed by at least five percent of the delegates to the State Convention. Nomination petitions shall be prepared by State Headquarters and provided upon request to any Democrat by thirty days prior to the municipal caucuses of a Presidential election year. The petitions must be filed at Democratic State Headquarters, Two Central Plaza, Augusta, Maine, not later than seven days prior to the State Convention. Within seventy-two hours after the deadline for filing nomination petitions a public drawing shall determine the ballot position of each candidate. The names of male and female candidates shall be listed separately on one ballot to be prepared by State Headquarters.
3. Election. Election shall be by plurality vote at the county caucuses at the State Convention. No person may serve more than two terms on the National Committee.
4. Resignation. A member of the National Committee may resign by giving written notice to the Chairperson of the National Committee. A copy of the notice shall be sent to the Chairperson of the Maine State Committee. A resignation so tendered shall be effective immediately upon receipt.
5. Method of Filling Vacancies. Vacancies on the National Committee which occur during the interval between State Conventions shall be filled by the State Committee. The person chosen to fill such vacancy shall assume office when confirmed by the National Committee, and shall serve until the next State Convention.
6. Removal. A member of the National Committee shall be removed after three consecutive absences from either the D.N.C. meetings or the Democratic State Committee meetings.
CHAPTER 7
STATE COMMITTEE BY-LAWS
(a part of the rules, the by-laws are presented separately as an example of a statewide political party’s governing system)
[The chapter following Chapter 7 was labeled Chapter 9 and appears below.]
CHAPTER 9
AMENDMENTS
§ 800 Amendments
1. These Rules may be amended by the State convention or the State Committee.
2. Amendments to these rules which have been rejected by a State Convention may not he proposed again until the next State Convention. Amendments to these rules which have been adopted by a State Convention may not be repealed until the next State Convention.
3. A change in the rules of the Democratic Party of Maine may be proposed from the floor of the State Convention provided hat a petition signed by at least fifty delegates favoring the change is deposited with the Committee on Rules at least seven days prior to the convention.
4. State Committee approval of any amendment to these rules shall require:
A. Submittal of the proposed amendment to the Committee on Rules and Procedures pursuant to § 62(1(5) (E) (3) (d)
B. That each State Committee member shall have been sent
(1) at least seven days written notice of the meeting at which a rules change is to be considered;
(2) the exact wording of the proposed amendment to the rules.
C. The support of at least two-thirds of the committee members present at a meeting attended by at least one-half of the members. All amendments made by the State Committee to these rules shall be presented to the next State Convention for its approval. Such amendments shall be in ful1 effect until acted upon by the next State Convention.
Source: publication by the Maine Democratic Party in 1984 of the Democratic Party Platform, the Party Rules, and the State Committee By-Laws. Address on the document: 2 Central Plaza, Augusta, Maine.