CHAPTER 7

STATE COMMITTEE BY-LAWS

§ 700 Name

1. There shall be the Maine State Democratic Committee, to be so known.

§ 710 Purpose

1. The Committee’s purpose shall be to promote the ideals and platform of the Democratic Party of Maine.

§ 720 Powers and Duties

1. The State Committee is the supreme governing body of the Maine Democratic Party when the State Convention is not in session. Between State Conventions, it shall exercise the authority of the Convention, shall provide direction and supervision of the aft airs of the Party, and shall determine all questions about the regularity of organization in the State or any county.

2. The State Committee may amend the rules of the Maine Democratic Party in accordance with Chapter 8 of these rules.

3. In order to provide for regular review of the role and duties of the State Committee, the State Committee’s by-laws shall be submitted to each State Convention for ratification or for amendment.

4. Committee members shall report the results of the meeting to their respective county committees. They shall also report the activities of their respective county committees to the State Committee. County chairpersons shall receive copies of the minutes of all State Committee meetings and of all financial reports.

5. Prior to the State Convention, a subcommittee of five members of the State Committee shall elect the recipient of the Sam Shapiro Award. The award shall be presented at the State Convention.

§ 730 Membership and Apportionment

Each county shall be represented on the State Committee by two members, one male and one female and by one additional member for each 10,000 Democrats. In addition, the Maine Young Democrats shall be entitled to two members 25 years of age or less on the State Committee, one male and one female. Democratic National Committeemen and Committeewomen shall be voting members of the Democratic State Committee. Also each County Chair, Vice Chair, or a specific designee of the county committee shall be a voting member of the State Committee.

If a county is entitled to an even number of State Committee members , then that county will elect an even number of committeemen and committeewomen. If a county is entitled to an odd number of State Committee members then the odd position shall go to the person with the highest number of votes after the even number of positions have been filled.

§ 740 Nomination

Candidates for the State Committee shall be nominated by county caucuses of the State Convention. The two Young Democrats shall lie nominated by Delegates to the Young Democrats State Convention.

1. Any Democrat seeking to serve on the State Committee shall submit to the Democratic State Headquarters, at least seven days prior to the convening of the State Convention, a petition bearing 10 signatures of convention delegates from his or her county. A list of candidates for nomination to the State Committee shall he prepared by the Democratic State Headquarters, and provided to each delegate for their respective counties upon registration at the Convention

Only in the event that an inadequate number of candidates of the appropriate sex is nominated by petition, nominations shall be accepted from the floor of the caucus.

2. From the list of candidates, a ballot shall be prepared for each county. Each delegate may vote for as many candidates as there are State Committee members to be elected from his or her county.

§ 750 Ex-officio Members

The President of the Maine Young Democrats shall be an ex-officio, non-voting member of the State Committee except that he or she shall serve as a voting alternate entitled to one vote when the Young Democrats’ full delegation is not present.

§ 760 Resignations—Removals—Vacancies

1. Resignation. The resignation of an officer or member shall, be made in writing and shall take effect at the time specified therein, or if no time is specified, then it shall take effect upon receipt by The Chairperson or Secretary.

2. Removals.

A. Any State Committee member may be removed by his or her county committee. Removal shal1 require a vote of two-thirds of the county committee members present at a meeting called for that purpose by written notice give seven days prior to said meeting.

B. After three consecutive absences by any State Committee member, that position shall be declared vacant. However if a county chair misses 3 consecutive meetings, that county chair shall forfeit the right to vote at State Committee meetings, but it shall not preclude that county chair from continuing his/her role as a county chair. A county chair‘s voting rights on the State Committee wil1 be reinstated upon attendance at three consecutive meetings. The voting rights shall commence at the third meeting.

3. Vacancies. The State Committee chair person sha11 inform the appropriate county chairperson and the ex-member of the State Committee of any removal or declared vacancy. Any vacancy on the State Committee shall be filled by vote of the county committee which had e1ected the member whose absence now causes the vacancy.

§ 770 Officers

1. The officers of the State Committee shall consist of a Chairperson, a Vice-Chairperson, a Secretary, a Treasurer, a General Counsel and an Executive Director. These officers may he members of the State Committee except for the General Counsel and the Executive Director. The Chairperson and Vice-Chairperson shall not be of the same sex. Those officers, except for Executive Director and General Counsel, shall be elected at each biennial meeting as provided in Subsection 2, immediately below, and shall have a vote in committee affairs.

2. Election. The Chairperson shall call the meeting of the State Committee within thirty days after the adjournment of the State Convention except that in the year of a gubernatorial election such meeting shall he the next subsequent Sunday after the primary election. Should there be no Chairperson, then the Vice-Chairperson, if no Vice-Chairperson, then the Secretary, if no Secretary, then the Treasurer, if no Treasurer, then any committee member shall call such meeting and duly notify the members. At this the second meeting, the members present shall elect by a majority written vote, the officers set forth in Subsection 1, above.

3. Duties

A. Chairperson. The Chairperson shall, be the general executive officer of the Committee.

Said list should be available for examination or copying by any Democrat. The Chairperson shall see that the State Convention is held in accordance with State law and to comply with all requirements of law relating to his or her office. He or she shall be an ex-officio member of every subcommittee and sha11 appoint the chairpersons and the members of the respective subcommittees,

B. Vice-Chairperson. The Vice-Chairperson sha11. be vested with all the powers and shal1 performs all the duties of the Chairperson in his or her absence. The Vice-Chairperson shall perform any other duties that the State Committee may assign.

D. Treasurer. The Treasurer shall keep full and accurate accounts and records of all receipts and of all disbursements and shall deposit all monies in the name of the Democratic State Committee in a recognized bank or trust company. He or she shall disburse the funds of the State Committee as provided by Section 790.3 of these rules. He or she shall render to the Chairperson a report of all transactions and a report of the financial condition of the State Committee when requested by the Chairperson. The Treasurer and/or the designee of the State Committee shall sign all, checks, drafts, and orders for the payment of money. The Treasurer shall file with the Secretary a Corporate bond, executed by a surety bonds in the State of Maine, in such amount as the State Committee shall determine. The Treasure shall promptly make all such reports required by the laws of Maine in connection with his receipts of disbursements. The Treasurer shall he a member of the Finance Committee.

E. Assistant Treasurer. The Assistant Treasurer shall he vested with all the powers, and shall perform all of the duties of the Treasurer in his or her absence, including the power to sign checks, drafts, and orders for the payment of money.

F. General Counsel. The General Counsel shall he an attorney-at-law in good standing with the Bar of the State of Maine. The General Counsel shall be appointed by the Chairperson with the consent of a majority of the State Committee at the November meeting in even numbered years of the Democratic State Committee. He or she shall provide legal counsel to the Chairperson and to the State Committee on all matters affecting the operation of the State Committee and, in addition, shall be available to give legal counsel to Democratic State Committee members, County Chairpersons, Town Chairpersons, and other Democrats concerning political matters.

C. Executive Director. The Executive Director shall work under the supervision of the State Chairperson and the State Committee, he or she shall be appointed by the State Chairperson with the consent of a majority of the State Committee and shall receive a salary as determined by the State Committee. He/she is responsible for carrying out all activities of the Democratic State Committee and for the day to day administration of the party headquarters. He/she shall maintain at the State Headquarters a current list of all Democratic county and town committees. Said list should be available for examination or copying by any Democrat.

4. Vacancies. Any vacancies in the offices of the State Committee shall be filled at the next meeting of the State Committee.

5. Removal . An officer of the State 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 a quorum of two-thirds of the members of the members present and voting.

§ 780 Sub-Committees

1. Executive Committees. The Executive Committee shall consist of each of the State Committee officers, the chairperson of each standing committee, and the national committeepersons. It shall serve in an advisory capacity to the State Committee.

2. Finance Committee. This committee shall, he responsible for recommending to the full committee, ways in which funds may he obtained for the operation of the State Headquarters . All expenditures of State Committee funds shall be made under the general supervision of the Finance Committee.

3. Platform and Policy Committee. This committee shall study Issues having a bearing on the party platform and shall compile a list of suggested platform planks, with background materials, for use by the Convention Platform Committee. The Platform and Policy Committee shall report to the State Committee legislation deemed in the interest of the State of Maine.

4. Grievance Committee. This committee shall receive all reports and hear all disputes arising from any action of the Democratic State Committee and shall report to the State Committee which shall take final action.

5. Convention Committee. This committee shall report to the State Committee on all measures necessary for holding the State Convention.

6. Personnel Policy Committee. This committee shall, negotiate with the State Headquarters staff on salaries, benefits and working conditions. The results of these negotiations shall be submitted to the Finance Committee and shall. require ratification by the State Committee.

§ 790 Miscellaneous

Meetings. Meetings of the State Committee may be called at any time by the State Chairperson and must be called by him or her upon the written request of any five State Committee members. Written notice of all meetings shall be sent to all committee members at least five days before the date of the meeting. Written notice shall state the time, place and agenda.

2. Quorum. Nineteen members present at a meeting shall constitute a quorum. Action to adjourn shall be effective if adopted by a majority of the number presents regardless of the number present.

3. Contraction and payment of bills. No bills shall be contracted purporting to obligate the State Committee unless authorized by a vote of said committee, except that bills for non-capital expenditures obligation the State Committee may he authorized by the Chairperson of the State Committee. The Chairperson of the State Committee shall provide a monthly itemized statement of expenditures to all committee members. All paid bills shall he retained by State Headquarters for a period of two years. The books and accounts shall be reviewed by an independent auditor or accountant once every two years.

Source: These by-laws appear as Chapter 7 of the 1984 Rules of the Democratic Party in a 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.

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