OF THE
“No Party” Party OF PENNSYLVANIA
The following By-laws were submitted by the Board of Directors of the NPPP, to party
members assembled at the Capitol, Harrisburg Pa. and approved on December 1, 2008.
Table of Contents
Article I Name and Jurisdiction
Article II Powers
Article III Objectives
Article IV Composition
Article V Officers and Directors
Article VI Board of Directors
Article VII Committee to fill Vacancies
Article VIII Local “No Party” Party Assemblies
Article IX Conventions
Article X Nomination and Election of Officers
Article XI Endorsement of Local Candidates
Article XII Vacancies in Office Between Conventions
Article XIII Termination of Charter and Membership
Article XIV Parliamentary Authority
Article XV Amendments to By-laws
ARTICLE I
Name and Jurisdiction
SECTION 1-1. Name. The name of the organization shall be THE “No Party” Party OF PENNSYLVANIA, hereinafter referred to as “NPPP.”
SECTION 1-2. Jurisdiction. The jurisdiction of the NPPP shall be within the state of Pennsylvania.
ARTICLE II
Powers
SECTION 2. The powers of the NPPP shall be:
(a) To direct, manage, supervise and control its business, property and funds, and to carry out its objectives.
(b) To create and charter local “No Party” Party Assemblies throughout Pennsylvania, and to supervise and coordinate them.
(c) However, neither the NPPP state organization nor “No Party” Party Assemblies chartered thereunder shall include any group of electors, whose purposes or aims, or one of whose purposes or aims, is the control, seizure or overthrow of the Government of the Commonwealth of Pennsylvania or the United States of America by the use of force, violence, military measures, or threats of one or more of the foregoing.
ARTICLE III
Objectives
SECTION 3. The objectives of the NPPP are:
(a) To advocate for citizens’ Constitutional Convention in order to modernize the structure of our state legislature.
(b) To cease re-districting, or gerrymandering, to allow fair election process for minority parties.
(c) To reform taxation to lessen the tax burden on individual citizens, and place more financial accountability on the state government.
(d) We join with all democratic-minded citizens and groups in the struggle to assert the freedom to participate in the electoral process and to overcome, at every level, the barriers to complete ballot freedom.
ARTICLE IV
Composition
SECTION 4. The NPPP shall consist of members of a statewide “No Party” Party or of local “No Party” Party Assemblies which have been chartered by the Board of Directors of the NPPP in the manner provided in these By-laws, and which continue to comply with the By-laws of the NPPP as adopted or amended. A local chapter may petition the NPPP Board of Directors to subdivide its geographical area into smaller local chapters at need.
ARTICLE V
Officers and Directors
SECTION 5-1. Elective Officers. The elective officers of the NPPP shall be a President, Vice President, Secretary and Treasurer.
SECTION 5-2. Additional Officers. The President shall have power to appoint an Executive Director at his discretion, who shall be subject to confirmation by the Board of Directors. He shall also have power to appoint other specialized officers and representatives of the NPPP at his discretion as needs arise. If the President should determine that there is a need for Paid staff, excluding any of the offices herein named, the Board of Directors shall have power to authorize and determine said compensation.
SECTION 5-3. Qualifications.
(a) Officers of the NPPP and of all local chapters must be members in good standing of the NPPP, and must be “No Party” Party by voter registration or by affiliation.
(b) No member who holds the position of officer or director of the “No Party” Party of Pennsylvania shall miss two consecutive meetings of the Board of Directors between Annual Conventions, unless such non-attendance is excused by a vote of the Board of Directors. In the event that such member is held to be in violation of this provision, such member’s position of officer or director shall automatically terminate.
SECTION 5-4. Election of Officers. The elective officers shall be elected at the annual convention in each odd numbered year in accordance with these By-laws and shall serve for the period of two (2) years and until their successors are elected and qualified.
SECTION 5-5. Outgoing Officers. At the conclusion of each Annual Convention, outgoing officers shall be empowered to continue to perform their duties only on matters which were initiated and approved prior to the close of the Convention and which matters shall be completed within a fifteen (15) day period following the close of the Convention.
SECTION 5-6. Liability of Officers. No officer or director shall be held personally liable for any debts or obligations of NPPP except those personally guaranteed by that officer or director, and NPPP shall indemnify each officer or director against claims made against them arising from their legitimate and proper service to NPPP.
ARTICLE VI
Board of Directors
SECTION 6-1. Composition. The Board of Directors of the NPPP shall consist of the members of the Executive Committee (including non-voting members, unless disallowed by the Executive Committee), and the President and two elected State Directors from each local chapter, where such members exist.
SECTION 6-2. Powers.
(a) The Board of Directors shall have the control and management of all the affairs, properties, and funds of the NPPP, and shall have full power to introduce, approve and implement all actions and activities necessary and proper for the functioning of the NPPP, subject to the authority of these By-laws.
(b) The Board of Directors may, for good cause and after a hearing, remove any officer or committeeman by a two-thirds vote of the entire Board of Directors; provided such officer or committeeman shall have been sent by the Secretary of the NPPP by certified mail a notice containing a copy of the charges against him at least fifteen (15) days prior to the hearing thereon, said notice specifying the time and place of the meeting.
(c) The Board of Directors may pass resolutions concerning legislation and policies, except those excluded in this article, by a two-thirds vote of the members present at any meeting.
SECTION 6-3. Meetings. The Board of Directors shall meet at such times and places as may be determined by action of the Board, by call of the President, or by written request of one-third of the members of the Board, provided that there shall be at least one meeting each year. A written notice of the time and place of all meetings of the Board of Directors shall be sent to each Board member not less than fifteen (15) days prior to said meetings.
SECTION 6-4. Special Meetings. The Board of Directors may without meeting together, transact business by mail, e-mail, facsimile, or by conference call of a majority of the Board by voting on questions submitted to them by or with the approval of the President.
SECTION 6-5. Appeal. Any action taken by the Board of Directors may be appealed to a Convention of the NPPP.
SECTION 6-6. Resolutions and Endorsements. Any candidate proposed to be voted upon by the electorate shall not be endorsed by the Board of Directors unless (1) there is no “No Party” Party Assembly in the district in which an election is being held, or (2) if the “No Party” Party Assemblies within such district do not hold a convention to consider endorsing in such election. Statewide and Congressional candidates shall be endorsed only at a regular or special Convention of the NPPP. Endorsements regarding public initiatives and referenda as well as “No Party” Party questions shall be made in the same manner as candidate endorsements.
ARTICLE VI
Committee to Fill Vacancies
SECTION 7-1 Pennsylvania Department of State Requirements. Pursuant to Pa DOS requirements for Political Body Party Organizations the NPPP will at the local or state level, as appropriate, ensure that a committee to fill vacancies is established for all candidates seeking to access the ballot. The members of said committee must be listed on each nominating paper being circulated.
SECTION 7-2 Composition of the Committee. Unless otherwise required by state law, committees to fill vacancies for NPPP candidates shall be composed of three members, and approval of a replacement candidate shall be by simple majority. A quorum for said committee shall be the three designated members, no proxies are allowed. In no instance may a candidate for office during the same election cycle serve on any Committee to Fill Vacancies.
SECTION 7-3 Special Election Vacancies. In instances where an office is to be filled by special election, and the NPPP qualifies as a statewide or countywide Minor Political Party under 25 P.S. section 2831, the NPPP committee to fill vacancies shall select a candidate to represent the NPPP at the special election, and shall issue the nomination certificate called for by 25 P.S. 2780, following the procedures provided for therein.
ARTICLE VIII
Local “No Party” Party Assemblies
SECTION 8-1. Governing Authority. The “No Party” Party of Pennsylvania shall be the sole body of authority over, recognition of, and representation for “No Party” Party Assemblies within the State of. Pennsylvania. Groups purporting to be “”No Party” Party Assemblies” which are not recognized and chartered by NPPP shall have no representation on any body of NPPP; shall not use the term “”No Party” Party Assembly,” and shall not be entitled to any representation on any committees of the “No Party” Party of Pennsylvania (should such representation become available).
SECTION 8-2. Location. “No Party” Party Assemblies may be formed and chartered, as the By-laws hereinafter provide, in any geographical entity of the state of. Pennsylvania.
SECTION 8-3. Ratification of By-laws. Every local “No Party” Party Assembly shall ratify and agree to be bound in all things by the By-laws of the NPPP as well as amendments thereto.
SECTION 8-4. Structure. A local “No Party” Party Assembly shall have jurisdiction within the boundaries of a fixed geographical area, approved by the NPPP Board of Directors at the time of the local chapter’s chartering, and shall be the only such “No Party” Party Assembly in that territory. Such territory may be divided into additional “No Party” Party Assemblies by the NPPP Board of Directors upon petition by the local chapter.
SECTION 8-5. By-laws. Each “No Party” Party Assembly shall adopt its own by-laws, which shall be in conformance with the NPPP By-laws, and shall be subject to review by the Board of Directors of the NPPP.
SECTION 8-6. Qualifications for Membership. Members of each local “No Party” Party Assembly shall be those American citizens of good moral character who are “No Party” Party by voter registration or by affiliation.
SECTION 8-7. Action on Applications. The Board of Directors of that local “No Party” Party Assembly shall take action on all applications for membership in each local “No Party” Party Assembly within thirty (30) days or at a regular meeting; otherwise, any application shall be automatically approved and the new member shall be accepted with the right to vote. Any duly rejected application shall be reported within ten (10) days to the Secretary of the NPPP. The Board of Directors of the NPPP may review any rejected application and determine whatever action is deemed necessary.
SECTION 8-8. Transfer of Membership. Any active member may transfer his membership from one local “No Party” Party Assembly to another at any time. Acceptance of the transferred member immediately terminates his membership in his former local “No Party” Party Assembly. The member shall pay the difference, if any, between the membership dues of the two local “No Party” Party Assemblies involved.
SECTION 8-9. Initial Organization. The NPPP Board of Directors shall have power to approve the formal application of a new “No Party” Party Assembly for chartering if and when its application includes the following:
(1) Ratification of the By-laws of the NPPP;
(2) By-laws consistent with the NPPP By-laws;
(3) A list of at least ten dues-Paid members containing their names, addresses, phone numbers, electronic mail addresses (where available) and chapter office titles; and
(4) Dues for each NPPP member at the rate set by the State Board of Directors.
SECTION 8-10. Continuing Requirements. Each chapter shall submit a current list of the names of its officers and members (with addresses, phone numbers and, where possible, electronic mail addresses), and Pay appropriate annual dues therefore, not later than May 31 of each year, and shall submit a separate, current list of its officers and members not later than two weeks prior to any State Convention if such Convention should fall more than three months before or after May 31. Each chapter shall submit the names (with address, phone number and, where possible, electronic mail address) of new chapter officers within one month of their election. Failure to comply with this provision shall empower the Executive Committee to suspend or terminate the chapter’s charter. Any chapter losing its charter under this provision may apply for reinstatement at the next meeting of the State Board of Directors by submitting the missing items to the President at or before such meeting.
SECTION 8-11. State Membership. Any person qualified to become a member of a local “No Party” Party Assembly but residing in a geographical area without a local Assembly may join the NPPP without holding membership in a local Assembly if they otherwise fulfill all conditions of membership in the NPPP. The Board of Directors of the NPPP shall directly act on such membership applications. Upon the chartering of a local Assembly, members of the NPPP residing within the area served by that local Assembly must transfer their membership within 60 days of being notified of the newly chartered chapter.
ARTICLE IX
Conventions
SECTION 9-1. Time and Place. A Convention of the NPPP shall be held annually at a location and a time determined by the President of NPPP.
SECTION 9-2. Special Conventions. In case of an emergency, special Conventions may be called by the President with the approval of the majority of the members of the Board of Directors. The call for a special Convention shall specify the subjects to be considered, and no subjects shall be considered that are not so specified.
SECTION 9-3. Call. The Secretary of the NPPP shall mail to the Secretary of each Chartered “No Party” Party Assembly an official call to the Annual Convention and email said call to every NPPP member for whom an email address has been submitted.
SECTION 9-4. Officers. The officers of each Convention shall be the officers of the NPPP. At or prior to any Convention the President may appoint a Recording Secretary of the Convention to assist the President and the Secretary.
SECTION 9-5. Convention Committees. At each duly called Convention, or prior thereto, the President shall appoint a Committee on Credentials with power to enforce this Article, and may appoint a Committee on Resolutions, a Committee on By-laws, a Committee on Nominations and such other committees as he may deem proper.
SECTION 9-6. Elected Delegates. Each chapter which is a member in good standing of NPPP at the time of the State Convention shall be entitled to one Delegate for each five (5) members in good standing carried on the chapter’s active membership roll whose name and dues were included in the requirement of Section 8-8.
SECTION 9-7. Delegates-at-Large. All members of the NPPP Board of Directors and all Past Presidents of the NPPP shall be Delegates-at-Large at all State Conventions, and shall not be counted in the number of Delegates accorded their chapter by Section 9-6.
SECTION 9-8. Noncompliant Chapters. Notwithstanding Section 9-6 above, a chapter which remains recognized by the NPPP but fails to comply with the credentialing provisions of Section 8.08 above shall be entitled only to its Delegates-at-Large at the State Convention.
SECTION 9-9. Election of Delegates and Alternates. Each Delegate and Alternate shall be elected by the membership of his local chapter. Any “No Party” Party Assembly in good standing, at the time of electing its Delegates for a Convention as herein specified, may elect one Alternate for each Delegate. Said Delegates, Alternates, and all Delegates-at-Large shall be active members in good standing of the “No Party” Party Assemblies they represent.
SECTION 9-10. Registration Fee. The Board of Directors shall establish the registration fee to be paid to the NPPP by all members attending any Convention of the NPPP. No Delegate, Delegate-at-Large, nor Alternate shall be entitled to vote in a Convention unless and until his registration fee has been paid. The profit or loss accruing from any Convention shall be borne by the NPPP.
SECTION 9-11. Voting.
(a) In all voting, a majority shall rule, unless otherwise provided in the By-laws.
(b) In all Conventions of the NPPP, each accredited Delegate and Delegate-at-Large shall be entitled to cast one vote.
(c) There shall be no voting by proxy at any meeting.
(d) There shall be no cumulative voting nor shall any person vote as both a Delegate-at-Large and as a Delegate or Alternate.
(e) A quorum shall consist of one-third (1/3) of Delegates and Delegates-at-Large attending the Convention.
SECTION 9-12. Endorsement of Candidates. Endorsements of candidates shall be made only by the affirmative vote of two-thirds of those present and voting at a regular or special Convention of the NPPP. Only one person may be endorsed for a particular office.
ARTICLE X
Nomination and Election of Officers
SECTION 10-1. Eligibility. Any active member of NPPP in good standing shall be eligible to any elective office, provided that the person is qualified under Section 5-3, but no person shall be submitted as a candidate for any office without his consent.
SECTION 10-2. Accredited Voters. Before the opening of polls, the Secretary shall provide a list of the Delegates and Delegates-at-Large as shown by the report of the Committee on Credentials. No Delegate or Delegate-at-Large shall be allowed to vote unless his name appears on the list.
SECTION 10-3. Ballots. Voting on endorsements or for officers of the NPPP shall be by ballot only, unless there is in the opinion of the convention Chairman a motion to hold the vote by standing agreed to by two thirds of the voting Delegates or if the election is unopposed.
SECTION 10-4. Election of National Convention Delegates and Alternates. Any active member of NPPP in good standing shall be eligible to be elected a Delegate or Alternate to the NPPP National Convention, provided that the person is qualified under Section 5-3, but no person shall be submitted as a candidate without his consent.
ARTICLE XI
Endorsement of Local Candidates
SECTION 11-1. Two-thirds Vote of an Endorsing Convention. Endorsements of local candidates for public office may be made only by a two-thirds vote of an endorsing convention, at a physical meeting composed of equal representation of all “No Party” Party Assemblies within the district (in whole or in Part) from which the candidate proposed to be endorsed is to be elected, or the official proposed to be recalled is an elected official. The temporary chairman shall be the ranking state officer in the Particular district within which the candidate is to be elected or the officer is to be recalled. Where the Particular district has officers of equal rank, lot shall determine the temporary chairman. Endorsement may be for candidates for public office, for or against initiative and referendum, or for “No Party” Party office.
SECTION 11-2 Limitations on Endorsing.
(a) Neither the NPPP nor any local “No Party” Party Assembly shall endorse any candidate for any public office, whether Partisan or non-Partisan, unless such candidate is clearly affiliated with the “No Party” Party.
(b) The NPPP President, upon being notified prior to an election, or between elections, of any alleged infraction of the By-laws concerning endorsement of candidates or issues shall immediately conduct an investigation of the alleged infraction and take whatever action is deemed necessary to protect the endorsement privilege and good name of the NPPP.
SECTION 11-3. Effect of Endorsement. Endorsements by a local endorsing convention shall convey the endorsement of the NPPP.
ARTICLE XII
Vacancies in Office Between Conventions
SECTION 12-1. President. In the event of a vacancy in the office of President occurring between Annual Conventions, the Board of Directors shall appoint a member of the Board of Directors to become President until the next Annual Convention. At that time the Convention shall fill the remaining term of office.
SECTION 12-2. Other Officers. In the event of a vacancy in one or more of the other offices of the NPPP occurring between Annual Conventions, the Board of Directors shall elect a qualified member to fill the office until the next annual Convention, at which time the Convention shall fill the remaining term of office. Should the majority of known officers become unable or unwilling to fulfill their roles as officers of NPPP, the President is authorized to call a convention of all members of NPPP for the selection of officers and for general reorganization.
ARTICLE XIII
Termination of Charter and Membership
SECTION 13-1. Non-Payment. Any local “No Party” Party Assembly more than sixty (60) days in arrears for any indebtedness to the NPPP shall be considered not-in-good-standing may be suspended by action of the Board of Directors: that at least thirty (30) days before such action, notice of said indebtedness shall have been duly sent by certified mail by the Secretary of the NPPP to the last reported President and Secretary of such local “No Party” Party Assembly. The Board of Directors may restore such local “No Party” Party Assembly to membership in the NPPP upon Payment of its indebtedness.
SECTION 13-2. Non-Attendance. Any local “No Party” Party Assembly that fails for two (2) consecutive years to present a Delegate to the Annual Convention of the NPPP shall be considered not-in-good-standing and may have its Charter revoked by action of the Board of Directors provided that at least thirty (30) days before such action, notice of said action shall have been duly sent by certified mail by the Secretary of the NPPP to the last reported President and Secretary of such local “No Party” Party Assembly. The Board of Directors may restore such local “No Party” Party Assembly to membership in the NPPP upon showing good and sufficient cause.
SECTION 13-3. Discipline. Any local “No Party” Party Assembly which fails to conform to the By-laws of the NPPP may have its charter suspended or revoked, or may otherwise be disciplined, by a two-thirds vote of the entire Board of Directors; provided, that at least thirty (30) days before such action, notice of such intended action be sent by certified mail by the Secretary of the NPPP to the last reported President and Secretary of such local “No Party” Party Assembly. Officers of a local “No Party” Party Assembly whose charter has been revoked shall turn over all moneys and documents properly belonging to said chapter to a duly authorized representative of the State Board of Directors at a time and place designated by said representative.
SECTION 13-4. Appeal. If the Board of Directors shall suspend or revoke the charter of any local “No Party” Party Assembly or shall otherwise discipline it, the Secretary of the NPPP shall send a notice of such action within fifteen (15) days by certified mail to the last reported President and Secretary of said local “No Party” Party Assembly.
The said local “No Party” Party Assembly, within thirty (30) days from the date of mailing of such notice and not less than ten (10) days before the next convention of the NPPP, may file with the Secretary of the NPPP written notice of appeal. This appeal shall be considered at the next Convention of the NPPP, unless filed less than ten (10) days prior thereto; in the latter instance, said appeal shall be considered and decided by a two-thirds vote of the Board of Directors at the next Board of Directors Meeting following the Convention of the NPPP.
SECTION 13-5. Any local “No Party” Party Assembly that shall for any cause cease to be a member of the NPPP shall relinquish the name “”No Party” Party Assembly,” and shall not thereafter use the name, emblem or insignia of “”No Party” Party Assembly” or “NPPP” in any manner whatsoever.
SECTION 13-6 Termination and Discipline of Individual Members.
(a) Any individual member of the NPPP may have his membership herein terminated, or may otherwise be disciplined, after a hearing, by two-thirds (2/3) vote at a meeting of the Board of Directors where a quorum is present, provided that at least thirty (30) days before such action, notice of such intended action shall have been duly sent by certified mail by the Secretary of the NPPP to said member, whenever the Board has determined that the named member has:
(1) publicly supported or registered as a member of a political Party other than the “No Party” Party;
(2) used his name and title as a member of the “No Party” Party of Pennsylvania or any local “No Party” Party Assembly in publicly advocating that the electorate should not vote for the “No Party” Party nominee for any elected political office;
(3) used his name and title as a member of the NPPP to give support to or encourage the election of a candidate of another Party to an elected public office where said candidate is opposed by a duly-nominated “No Party” Party candidate;
(4) used his name and title as a member of the “No Party” Party Assembly to prematurely endorse (prior to a proper act of endorsement by the NPPP) candidates running for office in the “No Party” Party of Pennsylvania; or
(5) otherwise brought discredit or disrepute upon the NPPP.
(b) If the Board of Directors shall terminate membership or shall otherwise discipline any such member, the Secretary of the NPPP shall send notice of such action within (15) days by certified mail to said member. The said member, within thirty (30) days from the date of mailing such notice, and not less than ten (10) days before the date of the first session of the next Convention of the NPPP, may file with the Secretary of the NPPP written notice of appeal. This appeal shall be considered at the next Convention of the NPPP, unless filed less than ten (10) days prior to the date of the first session thereof; in the latter instance said appeal shall be considered and decided by a two-thirds (2/3) vote of the Board of Directors following that Convention of the NPPP.
(c) Any individual member so terminated from membership in the NPPP shall immediately upon such termination cease to claim membership in, or holding of any office in or official relationship with the NPPP or any “No Party” Party Assembly, and shall also immediately surrender to the Secretary of the NPPP any and all documents, records, emblems, insignia, funds, or other devices or properties of any nature whatsoever. Said terminated member shall not thereafter use the name, emblem, or insignia of “”No Party” Party Assembly” or “NPPP” in any manner whatsoever.
ARTICLE XIV
Parliamentary Authority
SECTION 14-1. The latest edition of Robert’s Rules of Order shall be the Parliamentary authority for all matters of procedure not specifically addressed in the By-laws of the NPPP or of the NFRA.
ARTICLE XV
Amendments to By-laws
SECTION 15-1. Place and Vote Needed. Amendments to these By-laws shall be made only at a regular or special Convention of the NPPP by a two-thirds (2/3) vote of the Delegates and Delegates-at-Large present and voting. Proposed amendments shall be submitted to the NPPP Secretary not less than ten (10) days prior to said Convention, and shall be referred to a Committee on By-laws for consideration.
SECTION 15-2. Provisional Use. During any period wherein “No Party” Party Assembly’s charter has not yet been granted or has been suspended or revoked; or during any reorganization under Section 12-2; “No Party” Party Assembly shall operate under the State By-laws adopted by the NPPP Board of Directors, until and unless it has formally adopted these or different by-laws which are consistent with the By-laws of the NPPP. During such a provisional period, an organizing convention of NPPP shall have power to adopt or amend such by-laws without reference to the normal procedure contemplated in this article.
SECTION 15-3. Severability. If any Part, article, section or subsection of these By-laws shall be held invalid, contrary to state or federal laws, or contrary to the rules of the “No Party” Party of Pennsylvania for any reason, such holding shall not be construed to impair or invalidate the remainder of said By-laws, notwithstanding such holding.
SECTION 15-4. Publication. At the conclusion of each Convention where any amendments are made to the By-laws, the By-laws Committee shall cause and supervise the printing of the By-laws as in effect at the end of that Convention. Such amended By-laws shall be submitted to the Secretary of the NPPP within thirty (30) days of the convention amending and thereafter made available to the NPPP membership.