Cherokee County Democratic Committee

CHEROKEE COUNTY DEMOCRATIC COMMITTEE

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Effective September 2015

Article I. Name

Article II. Governing Authority, Structure and Duties

Article III. Membership, Committee Districts, and Election of Postholders

Article IV. Election of Officers of the CCDC

Article V. Election of State Committee Members

Article VI. Filling Vacancies of Postholders, Officers, and State Committee Members During Term

Article VII. Removal of Postholders, Officers, and State Committee Members

Article VIII. Executive Committee Functions, Records, and Certification

Article IX. Meetings and Voting

Article X. Committees

Article XI. General Provisions

Article XII. Amendments

Article XIII. Compliance with State and National Charters and Bylaws

1 CHEROKEE COUNTY DEMOCRATIC COMMITTEE

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ARTICLE I Name

1.1 The name of this organization is the Cherokee County Democratic Committee (CCDC). As a member of the Democratic Party of Georgia, the CCDC corresponds in structure to the State of Georgia Democratic Committee and is the official, legal representative body of the Democratic Party in Cherokee County, Georgia.

1.2 All residents of Cherokee County who identify with the Democratic Party may join CCDC. All Democrats in Cherokee County are encouraged to attend the meetings of the CCDC

ARTICLE II Governing Authority, Structure, and Duties

2.1 The CCDC shall be the governing authority of the Democratic Party in Cherokee County.

2.2 Duties of the CCDC shall be:

 To promote development of Democratic Party organizations and activities,  To seek and encourage qualified candidates to run for public office,  To support Democratic candidates running for public office,  To perform such primary and election functions as required by law,  To maintain appropriate records,  To promote and add logistical support to the State Affirmative Action Program,  To raise funds for the above purposes,  To perform such other duties as may be required by the State Committee,  To elect State Committee members,  To determine Party Districts and Apportionment and file updated records with the Cherokee County Election Board,  To perform such other duties as may be deemed prudent and consistent with provisions herein.

ARTICLE III Membership, Committee Districts, and Election of Postholders

3.1 Any person of at least 18 years of age who resides in and is registered to vote in Cherokee County and who shall declare himself or herself to be a member of the Democratic Party shall be entitled to membership in the Democratic Party of Cherokee County CCDC. Dues shall be at least $25 per year. No member will be denied participation for failure to pay.

3.2 Any member of the Cherokee County Democratic Party CCDC is eligible to be elected to the Committee as a Postholder.

3.2.1 Any person who wishes to be elected as a Postholder is required to sign and submit to the

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Executive Committee the following written statement:

"I declare that I am at least 18 years of age, that I reside in and am registered to vote in Cherokee County, and that I am a Democrat."

3.2.2. By attending, all members of the CCDC may participate in the meetings by voicing their questions, comments, and suggestions which the Executive Committee will consider in its deliberations and decisions. Only elected members, however, may make motions and vote on motions. Elected members are the official representatives of the CCDC.

3.3 The CCDC shall have four (4) districts coinciding with County Commission districts. Each district shall be represented on the Committee by up to eight (8) Postholders elected from that district. District posts shall be established and apportioned by the Executive Committee in such a way so as to provide for equitable representation for each such district and to allow full participation by all segments of the population. Additionally, up to eight members may be elected to be At-Large Postholders, representing the entire county. The Executive Committee shall do its reasonable best to have the appropriate number of Postholders from each district.

3.4 One-half of the District Postholders and one-half of the At-Large Postholders shall be elected in gubernatorial election years and one-half shall be elected in presidential election years. One-half of the posts shall end in the next gubernatorial election year, and the other one-half shall end in the next presidential election year. The Postholders who were elected in gubernatorial election years shall have their terms end in the next gubernatorial election year, and the other Postholders who were elected in presidential election years shall have their terms end in the next presidential election year. The list of Postholders shall be made known to existing Postholders and to the CCDC as a whole well in advance of the proposed date of new elections. The county's supervisor of elections shall also be given the list of Postholders, which district each represents, and when their terms expire.

3.4.1 Postholders are to be elected by a Party District Caucus. Such caucus shall be held within 60 days following the General Primary Elections. If the Executive Committee does not officially set a time and place, the CCDC Chair shall set the time and place of the caucus.

3.4.2 The CCDC Chair shall appoint chairs/leaders for the Party District Caucuses.

3.4.3 Only CCDC members who reside in a particular County Commission District may vote to elect a Postholder from that District. All CCDC members may vote for the At-Large Postholders.

3.4.4 In the election by caucus, the candidates receiving the highest number of votes shall be declared elected. In the case of a tie vote the caucus chair shall hold a run-off vote.

3.4.5 Public notice of the election shall be given by posting the notice in a prominent place in the County Courthouse and by publishing the same in a newspaper of general circulation in the County at least once a week for the four weeks preceding the closing of qualifications for such office.

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3.5 Members shall take office on the first day of the first month after their election and shall serve for four years, unless affected by reapportionment.

ARTICLE IV Election of Officers of the CCDC

4.1 The Postholders shall elect from its membership a Chair, three two or more Vice-chairs, a Secretary, and a Treasurer. When feasible, at least one of the Vice-Chairs shall be of the opposite gender of the Chair. The person receiving the majority of votes for election to an office shall be declared elected. The Postholders shall elect the officers no later than December 31st of even-numbered years. Officers will take office immediately following the election. Immediately upon taking office the new Chair shall notify the State Committee Chair, and the appropriate Congressional District Chair, and the County Supervisor of Elections, the names of the new Officers.

4.2 Officers shall serve two-year terms.

4.3 The Executive Committee shall consist of the officers and it shall act on behalf of the CCDC between Committee meetings.

ARTICLE V ELECTION OF STATE COMMITTEE MEMBERS

5.1 The Postholders shall elect from its membership, State Committee Members, who represent the CCDC at state-wide meetings of the State Democratic Party. State guidelines mandate that the party do its best to elect a diverse group based on gender and race. Meetings are held several times a year and require un-reimbursed travel. These members vote for officers of the State Democratic Party, state by-law changes, state district chair-people, and may be asked to work on state sub-committees.

5.2. All persons desiring to be candidates for the State Committee must sign the following affidavit:

"I am a resident and registered voter in Cherokee County, GA. I hereby make application to be an elected member of the Democratic Party of Georgia State Committee. I believe in the goals of the Democratic Party of Georgia, am not a member of any other political party or body (as defined in the Georgia Election Code), and am not affiliated with any political group whose ideal, goals, and methods are incompatible with that of the Democratic Party of Georgia (as identified by the Executive Committee of the Democratic Party of Georgia).

Applicant ______

Address ______

Telephone ______

Email ______"

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5.3 The State Chair shall notify all County Chairs and Congressional District Chairs of the date by which County Committees must hold elections for State Committee members. That date must be between February 1 and February 28 immediately following the regular gubernatorial election.

5.4 The candidate receiving the most votes shall be seated first. The candidate of the opposite gender receiving the most votes shall be seated second. This process will continue until all of the allotted State Committee positions are filled. If there is not a candidate of appropriate gender, that position shall be filled by the candidate with the next highest number of votes.

5.5 Immediately upon taking office, the CCDC county chair shall notify the state committee chair, the appropriate congressional district chair, and the County Supervisor of Elections of the names, addresses, and phone numbers of the new state committee member(s).

5.6 State committee members shall serve four-year terms.

Article VI Filling Vacancies of Postholders, Officers, and State Committee Members During Term

6.1 All vacancies of Postholders or Officers of the Executive Committee shall be filled by election by the remaining Postholders voting at-large, provided at least three such members remain. Those elected will each fill the unexpired term of the position being filled.

6.2 A special election shall be called within 10 days of the vacancy of a State Committee Member. Notice of the election must be posted in the county newspaper. Such notice shall specify an election date no less than 60 and no more than 70 days from the date of the notice. Any person desiring to fill the vacancy must file a notice of candidacy with the CCDC chair no later than 30 days before the election date.

ARTICLE VII Removal of Postholders, Officers, and State Committee Members

7.1 County Postholders and Officers may be removed by the CCDC for cause(s), with reasonable notice, and with the opportunity to be heard, by a 2/3 vote of the Postholders present, provided a 40% quorum is met. Any person subject to removal shall receive written notice of the alleged reasons for removal.

7.2 Causes for removal of Postholders shall include failure to meet eligibility requirements, failure to perform the designated duties of office, violation of the oath of office, or public disclaimer of affiliation with the Democratic Party.

7.3 Causes for removal of Officers shall include failure to perform the designated duties of office, violation of the oath of office, intentional misrepresentation of the policies of the Party, or public disclaimer of affiliation with the Party.

7.4 Causes for removal of State Committee Members shall include failure to meet eligibility requirements, failure to perform the designated duties of office, violation of the oath of office, or public

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7.5 The removal procedure shall be conducted by a subcommittee appointed by the CCDC Chair. Where the Chair is the subject of the removal procedure, the subcommittee shall be appointed by a majority of the other CCDC Officers.

7.6 The person subject to removal shall have the right to be informed of all persons who will be witnesses against him/her and who will testify in support of the charges against him/her, at least ten days before a hearing on said charges before the full CCDC.

7.7 The person subject to removal shall have the right to counsel and to present all witnesses, documents and arguments in support of his/her position. The subcommittee which has tendered the charges may likewise have counsel and present witnesses, documents, and arguments in support of its position.

7.8 The vitality and effectiveness of the Cherokee County Democratic Committee depends on the active participation of its members in the CCDC's functions. Since the Postholders are elected to represent the entire county party, that is, to be the official/legal representatives of the Democratic Party in the county, it is essential that Postholders be active participants. From time-to-time the CCDC may ask inactive Postholders to resign because of inadequate participation: specifically, for failure to attend a minimum of four monthly membership meetings in a year. Postholders who are routinely absent because of conflicting obligations cannot represent their constituents adequately.

ARTICLE VIII Executive Committee Functions, Records, and Certification

8.1 The Executive Committee shall maintain records of all financial transactions and a list of unpaid obligations, kept on a calendar-year basis. Financial records shall be audited for each year by an Audit Committee appointed by the Executive Committee, the Audit Committee comprised of three or more members, at least one of whom is not an officer. The audit will be completed with a report provided to the Executive Committee no later than the March meeting in the following calendar year.

8.2 The Executive Committee shall make available regular reports to the CCDC at all business meetings. The Executive Committee shall also submit an Annual Report to the State Party.

ARTICLE IX Meetings and Voting

9.1 The CCDC shall meet regularly at least once each quarter. The CCDC Chair may call special meetings. When meetings are not held at a previously designated time and place, all members shall be provided 10 days advance notice.

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9.2 Emergency Meetings may be called by the Executive Committee upon 5 days notice.

9.3 A quorum for conduct of CCDC business shall be a minimum of 30% of Postholders.

9.4 At official CCDC meetings only Postholders are entitled to vote. No person shall be entitled to more than one vote. Permanent (long-term) proxy voting is not allowed. Written ad-hoc proxy voting for a special situation is allowed, provided this Section (9.4) of the Bylaws is suspended temporarily at an official CCDC meeting by the approval of the majority of Postholders attending.

9.5 All meetings of each body of the CCDC shall be open to the public unless the Executive Committee votes to go into Executive Session.

9.6 Unless otherwise provided for, Robert's Rules of Order, most recently revised, shall govern the conduct of all meetings.

ARTICLE X Committees

The Chair of the CCDC may establish any committee deemed necessary, with the approval of the Executive Committee.

ARTICLE XI General Provisions

11.1 There shall be no discrimination in the conduct of CCDC affairs on the basis of age, disability, equal pay/compensation, genetic information, harassment, national origin, pregnancy, race/color, religion, retaliation, gender, sexual orientation.

11.2 No CCDC member shall use his or her office to support (1) any Democratic candidate in a contested Democratic primary election or (2) any candidate who has Democratic opposition in a special election.

11.3 No CCDC member shall publicly support another candidate other than the Democratic nominee in a General Election.

11.4 The endorsement of, support of, or contribution to a candidate of another party or to an opponent of the Democratic nominee in the general election may result in the expulsion of such person from the CCDC.

11.5 Any CCDC contributions to a candidate for public office shall be accompanied by a cover letter which shall state in substance, “This contribution is made on the express condition that, after election, you remain a member of the Democratic Party. Your acceptance and/or use of this contribution are your

BYLAWS acknowledgment and contract that, should you win election, if at any time prior to the end of your term you change parties or leave the Democratic Party, you will reimburse these amounts.”

11.6 The CCDC shall seek reimbursement of any contribution, whether real or in-kind, made to a candidate who qualifies for office as a Democrat and, after qualification, switches to another party.

11.7 The CCDC may recognize and allow affiliation of such county organizations as it deems appropriate.

ARTICLE XII Amendments

These Bylaws may be amended at any CCDC membership meeting by a 2/3 vote of those Postholders present, provided at least 10 days written notice of said amendments has been provided to all Postholders.

ARTICLE XIII Compliance with State and National Charters and Bylaws

These Bylaws are intended to comply with the Charters and Bylaws of the National Democratic Party and the Democratic Party of Georgia. Wherever a conflict may arise, provisions of the National and State bylaws will govern, in that order.