It is a basic and fundamental precept of the Texas Democratic Party that always, and at all levels, there shall be no secret ballots, there shall be no fees charged for voting, and the meetings shall be open.
A. Duties of Executive Committees
1. The State Democratic Executive Committee (the “SDEC”) shall carry on the activities of the Party between State Conventions in compliance with the law and with the directives of the Convention.
2. Other executive committees acting at the County level, the District level or any other level shall discharge their duties in compliance with the law and with the Party Rules.
B. General Rules
1. At all times and at all levels of the Democratic Party, no secret ballots shall be used, no fees shall be charged for voting, and the meetings shall be open.
2. Committee meetings shall be held as required by law or by these Rules and called by the Committee Chair or by the petition in writing signed by at least 51% of the Committee membership.
3. At all Party Committee meetings other than Conventions, County Executive Committees and Convention Caucuses, 40% of the Committee membership shall constitute a quorum. If the meeting is to fill a vacancy, however, a majority of the Committee membership shall be required for a quorum as specified in State law.
4. Unless otherwise required by statute or by these Rules, the current edition of Robert’s Rules of Order: Newly Revised shall be the parliamentary authority governing all Party Committee meetings and procedures.
5. The method of voting at all Party Committee meetings may be by voice vote, by (standing) division of the house, by signed written ballot, or by roll call vote. The method used shall be left to the discretion of the Chair, except that on request of any member (who need not be recognized by the Chair to voice such request), a standing division must be held, and the request of 10% of the members present shall require a roll call vote.
6. Minutes of each meeting shall be furnished to each Committee member at or prior to the next Committee meeting.
7. Proxy voting shall be permitted at SDEC meetings; provided, that no person may hold or vote more than one proxy. Proxy holders for senatorial district representatives on the SDEC must reside in the same district as the member assigning the proxy. Proxy holders for representatives of organizations must be members of the organization. No proxy voting shall be permitted at meetings of any County, District or Precinct Committee (Texas Election Code §171.026).
8. No action of a subcommittee or any standing committee shall replace or supersede the actions or authority of the Committee as a whole, and any actions by subcommittees shall be subject to review and revision by the superior authority of the full Committee at its subsequent meetings.
9. Upon the vote of 20% of the members of any Party Committee, a minority report can be prepared and presented. A minority report may be submitted for consideration either by way of amendment or as a substitute for a majority report.
C. Election Matters
1. Certification of Candidates.
The SDEC shall certify the name of each candidate to appear on the primary ballot or delegate such certification to the State Chair. Not later than the 57th day before the primary election, the State Chair shall deliver to each County Chair a written list of the name of each candidate certified to appear on the primary ballot in that county. (Texas Election Code §172.028)
2. Referendum Issues.
(a) Qualified voters may by petition require a referendum issue to be placed on the primary election ballot. Such petitions must be filed with the State Chair during the same filing period applicable to candidates for federal, state, and county office. In addition to the requirements mandated by state law (Texas Election Code §172.088), all petitions must contain the following wording and information:
An oath or affiliation to the Party as part of the petition statement to read as follows:
“If I sign this petition, I hereby affiliate myself with the Texas Democratic Party, and I swear or affirm that during [insert election year] I will support the nominees of the Democratic Party and that I will not vote in a primary election or participate in a convention of another political party during [insert election year].
I further acknowledge that the purpose of this petition is to require the Texas Democratic Party to place the proposal described below on the ballot for the [election date] Democratic Primary Election.”
[signatures]
“Sworn to (or affirmed) and signed before me the undersigned authority on this the _____ day of_________________. ____________________________________
Signature of person administering oath ____________________________________
Printed name of person administering oath ____________________________________
Address of person administering oath
____________________________________
Telephone # of person administering oath ____________________________________
Title of office and county of residence of person administering oath.”
(b) The person administering the oath may be either: a judge, clerk or commissioner of any court of record; a notary public; a justice of the peace; the secretary of state of Texas; any member of the SDEC; any member of the County Executive Committee for the county in which the person signing the petition resides; or a person expressly authorized in writing to administer the oath by the State Chair or a County Chair for the county in which the person signing the petition resides. The State Chair and any such County Chair shall keep as a permanent part of party records a true copy of any such authorization. Each person administering the oath must sign in the place shown, and print his or her name, address, office and county of residence.
(c) The form of the petition, including a description of the proposal that is to be submitted, the spacing and type-size and instructions to comply with this Rule must be approved by the State Chair. The oath of the petition signer and the description of the proposal shall be in bold type.
(d) The State Chair is hereby delegated all other authority necessary to effectuate this Rule.
(e) The SDEC shall prescribe the wording of the proposition submitting a proposal. (Texas Election Code §172.088(g)).
(f) The petition shall be in both English and Spanish.
D. State Democratic Executive Committee
1. Officers.
(a) Election. In compliance with Chapter 171 of the Texas Election Code, the State Convention in June of even-numbered years shall elect a State Chair. The Convention also shall elect a First Vice Chair of opposite sex from the State Chair, a Vice Chair for Finance, a Secretary, and a Treasurer. These shall be the officers of the SDEC, and they shall serve for two years or until their successors are elected.
(b) Voting. On statutory matters, only the State Chair and First Vice Chair may vote; otherwise, on all other matters all officers may vote.
(c) State Chair. The State Chair shall be the principal and presiding officer of the SDEC, shall have all of the authority and duties implied by such title and expressed and implied by these Rules, and shall have the authority to establish and to appoint committees with the advice and consent of the SDEC and deal with the affairs of the Party.
(d) First Vice Chair. The First Vice Chair shall assist the State Chair and shall have the duties and authority implied by such title or assigned by the Chair or by the SDEC. The First Vice Chair shall preside over meetings of the SDEC in the absence of the State Chair and shall fill any ex-officio position created for Party Vice Chairs, including membership on the National Committee.
(e) Vice Chair for Finance. The Vice Chair for Finance shall have responsibilities for fund-raising under the direction of the State Chair and shall have other duties and responsibilities assigned by the Chair or by the SDEC.
(f) Secretary. The Secretary shall have the duties and authority implied by such title.
(g) Treasurer. The Treasurer’s duties shall be to present a financial report at each SDEC meeting and to perform duties assigned by the State Chair. The disbursement of funds shall be the responsibility of the State Chair or of the Chair’s designee(s), provided that the designee(s) be approved by the SDEC.
(h) Standing SDEC Committee Membership. Members of standing SDEC committees will be appointed by the State Chair with the advice and consent of the SDEC. The State Chair will appoint one co-chair and the members of each of the committees will elect the second co-chair. The co-chairs will be gender balanced.
(i) Operating Budget. The State Chair shall submit an annual operating budget to the SDEC Finance Committee for approval by the full SDEC at the first SDEC meeting following January 1st of each year. In no event shall any TDP staff or officer, other than the State Chair, incur any debt on behalf of the Texas Democratic Party not authorized by the operating budget. In addition, any expenditure, proposal or project which would exceed a line item in the submitted annual operating budget by $10,000, including but not limited to additional staff or pay raises, requires a majority vote of the State Chair, First Vice Chair, Vice Chair for Finance, Secretary, Treasurer, SDEC Finance Committee Chair, and SDEC Finance Committee Co-Chair before the funds may be expended or the obligation incurred.
(j) Audit. The State Chair shall cause an audit of the financial records of the SDEC to be made by a certified public accountant at least once each calendar year. A copy of the report of such audit shall be furnished to each member and officer of the SDEC.
(k) Officer Vacancies. When a vacancy occurs in any of these offices between State Conventions, a majority of the members of the SDEC shall elect a successor, who need not be a current member of the SDEC. Members shall receive written notice issued by the State Chair, or, if that office be vacant, by the First Vice Chair, at least two weeks prior to the meeting at which an election will be held. Any member of the SDEC may nominate a candidate for the vacant office. When an interim vacancy in the office of the State Chair is filled by the SDEC, the term of office for the interim Chair shall be for the duration of the unexpired term.
2. SDEC Members.
(a) Membership. The SDEC shall be composed of two members elected from every senatorial district and the following additional members:
- two from the Texas Democratic County Chairs Association,
- two from the Texas Young Democrats,
- one from the Senate Democratic Caucus (non-voting),
- one from the House Democratic Caucus (non-voting),
- two from the Texas Democratic Women,
- two from the Texas Coalition of Black Democrats,
- two from the Hispanic Caucus,
- two from the Non-Urban/Agriculture Caucus,
- two from the Stonewall Democrats,
- two from the Texas Environmental Democrats,
- two from the Democrats with Disabilities,
- two from the Asian American Democrats of Texas and
- two from the Texas Veterans Organization.
(b) Election from Senatorial Districts. The two members from every senatorial district shall be elected by the State Convention in June of even- numbered years. One man and one woman from each senatorial district shall be recommended by the Delegates from the counties composing the respective senatorial districts. Each county shall vote its full Convention strength divided proportionately among its Delegates present.
(c) Organization Representatives. The chair or president and the next highest ranking officer of the opposite sex of the organizations (excepting Texas Democratic Women) providing additional members on the SDEC shall serve as the representative members of the SDEC; provided that, for the Hispanic Caucus the representative members shall be two representatives elected at the State Convention. In the event that any such person already is a member of the SDEC, the next highest ranking officer of the same sex shall be the additional member. They shall participate in the proceedings of the SDEC insofar as the Texas Election Code will permit.
(d) Caucus Representatives. The members representing the Senate Democratic Caucus and the House Democratic Caucus shall be non-voting, ex-officio members selected by their respective caucuses.
(e) Terms. SDEC members shall serve until their successors take office, which shall be on adjournment of the State Convention at which the new members are elected.
(f) SDEC Vacancies. When a vacancy occurs on the SDEC, the vacancy shall be filled by the majority vote of the members of the SDEC. The new member shall be an eligible person of the same sex and from the same senatorial district as the vacating member. The Senatorial District Committee of the affected district shall meet to nominate a person for such position. The State Chair shall mail written notice of the meeting to consider such nomination to the members of the Senatorial District Committee and, if known, the Chair of the affected district’s Senatorial District Caucus at the last State Convention, at least two weeks prior to the meeting. The Committee shall report its nominee to the SDEC. A vacancy shall be filled no later than the next meeting of the SDEC following written notice of the vacancy by at least five weeks.
(g) Meetings. Two statutory meetings of the SDEC shall be held in even-numbered years: on the second Wednesday after the general election primary day and not later than the second Saturday after the runoff primary election day. (Texas Election Code § 172.120)
(h) Caucus/Organization Representative Vacancy. When a Caucus/Organization Representative vacancy occurs, then:
(1) if representing an organization, the organization can name a replace-ment with the same gender of the person removed subject to ratification by the SDEC; or
(2) If representing a caucus, that seat will remain vacant until the next scheduled convention at which time the caucus shall elect its representatives.
3. Removal.
(a) In addition to the procedures under Article III.H., any State Party Officer, including a member of the SDEC, may be removed for good cause by a two-thirds vote of the SDEC membership. All members must receive written notice from the State Chair at least 30 days before any meeting at which a removal will be considered. Balloting may not be done by mail.
(b) For removal of an SDEC member, one-third of the members of the SDEC or one-third of either the Senatorial District Committee or the Delegates to the State Convention from the Senatorial District at which the member was last elected must petition for removal of the SDEC member before proceedings shall be brought before the SDEC.
(c) A member of the SDEC who misses two SDEC meetings, without sending a proxy, shall be removed and a vacancy shall occur.
(d) For removal of other State Party Officers, either one-third of the members of the SDEC or one third of the County Chairs, or one-third of the Delegates to the State Convention at which the Officer was last elected must petition for the removal of the State Party Officer before removal proceedings shall be brought before the SDEC.
(e) In the event that the State Chair is subject to petition for removal under this section, then the First Vice Chair shall give notice of said petition to the SDEC and give proper notice by mail of said meeting.
4. Advisory Committee.
The Texas Democratic Party Advisory Committee is created to provide an issues forum and an advisory group to the SDEC.
(a) It shall consist of the following:
(1) the elected officers of the SDEC;
(2) a Co-Chair to preside over this Committee with the State Chair. The Co-Chair shall be nominated by the State Chair and shall be approved by a majority vote of the SDEC;
(3) the participating groups, loyal to the principles of the Democratic Party and approved by the SDEC, shall be statewide caucuses and organizations of the Texas Democratic Party or the State Convention. Each participating group will elect two delegates and two alternates, balanced by gender where appropriate, at the State Convention.
(b) The Advisory Committee will meet twice a year at the call of the State Chair and the Co-Chair or a majority of the committee members.
(c) The SDEC shall govern any fundraising activities and expenditures. Contributions and disbursements shall be made through the Texas Democratic Party for proper accounting and reporting under Party Rules and related state and federal laws.
(d) The SDEC, as necessary, may provide additional rules and guidelines. The Rules of the Texas Democratic Party shall apply to the Advisory Committee. Proxy voting shall not be permitted.
(e) All members shall serve terms of two years commencing after each State Convention.
E. County Executive Committee
1. Members.
(a) Each county shall have a County Executive Committee composed of a County Chair and of one Precinct Chair from each election precinct in the county. (Texas Election Code §171.022)
(b) These members shall be elected by majority vote in the Party Primary Election held in even-numbered years. The County Chair shall be elected by the qualified voters of the county, and the Precinct Chairs by the qualified voters of their respective precincts.
(c) The term of office for members of the County Executive Committee shall begin on the twentieth day following the Runoff Primary and shall continue for two years or until their successors are elected and certified. (Texas Election Code §171.022(c))
2. Officers.
(a) The County Executive Committee may name a Secretary, who need not be a member of the Committee. The Secretary legally is authorized to receive applications for a place on the Primary ballot, and an application received by the Secretary shall be filed officially.
(b) The combined amount of any compensation paid from the Primary fund to the Secretary and the Chair for their services shall in no case exceed the lesser of $8,000.00 or 5% of the amount actually spent for necessary expenses in holding the Primary Election for that year, exclusive of the compensation paid to the Chair and Secretary. (Texas Election Code §173.004)
(c) The County Executive Committee may, by majority vote, adopt continuing rules for the conduct of its business, so long as they are not prohibited by law or are not inconsistent with these Party Rules. Such rules shall be filed with the State Chair.
3. Qualifications.
Democrats 18 years of age or older are eligible for the offices of Precinct Chair or County Chair, provided they meet the following criteria:
(a) They are qualified voters (Texas Election Code §161.005(a)(1)) and voted in the Democratic Primary, not including runoffs, or signed an oath of affiliation in the voting year;
Oath of Affiliation:
“I swear that I have not voted in a primary election or participated in a convention of another party during this voting year. I hereby affiliate myself with the ___________Party.”; and
(b) They are not candidates for, nor holders of, an elective office of the federal, state, or county government (Texas Election Code §161.005(a)(2)); and
(c) They are residents of the precinct or county from which they seek election (Texas Election Code §171.023(a) and §161.005(a)(1)).
4. Election Procedure.
(a) A qualified Party member may become a candidate for County or Precinct Chair by filing a written application in the county using a form which shall be provided by the County Chair upon request.
(b) In addition, qualified Party members filing for the office of County Chair in a county with a population of 1 million or more shall include a petition containing the signatures of 10 percent of the current, incumbent Precinct Chairs serving on the County Executive Committee in the county using a form which shall be provided by the State Party. The petition shall contain the candidate’s sworn oath that the signatures thereon are valid and that each was signed in the presence of the candidate or candidate’s representative. (Texas Election Code §172.021(f)).
(c) The application, and petition, if applicable, shall be signed and duly acknowledged by the candidate and then filed with the County Chair or with the Secretary of the County Executive Committee if there is one. (Texas Election Code §§171.022(a)(2), 172.021 and 172.023). A copy of the petition (if applicable) also shall be filed with the State Chair.
(d) The application shall state the candidate’s occupation, county of residence, post office address, date of birth, and the office sought. The petition (if applicable) shall include the Precinct Chair’s signature, name, post office address and precinct number.
(e) Applications, and petitions, if applicable, shall be filed no later than 6 p.m. on January 2 before the Primary Election. This deadline shall be extended until the next working day if it falls on a weekend or a holiday.
(f) An application mailed but not received by this deadline shall not be accepted. (Texas Election Code §172.021(c) and 172.023)
(g) No later than the day before the filing deadline, the County Chair shall post on the bulletin board at the County Courthouse used for posting notices of meetings of the Commissioners Court a notice of the address at which the County Chair or the Secretary will be available to receive applications on the last day of the filing period. (Texas Election Code §172.022)
(h) Write-in votes for Precinct and County Chair are permitted by law in the First Primary election, whether or not there are other candidates for these offices on the ballot. Only those votes cast for a County Chair or Precinct Chair candidate who has filed an application for write-in candidacy may be counted. (Texas Election Code §171.0231). Write-in votes, however, are not allowed in the Second or “Runoff’ Primary election. (Texas Election Code §172.112)
(i) No later than 20 days after the local canvass, the County Chair shall deliver to the State Chair and to the County Clerk written notice of the name, address, and precinct number of each Precinct and County Chair elected. (Texas Election Code §172.118)
5. Vacancies.
(a) When a vacancy occurs in the office of County Chair, the outgoing County Chair or the Secretary of the County Executive Committee may call a meeting to fill the vacancy at any time after it occurs. Upon the written request of any Committee member, however, the Secretary shall call one for a date not more than 20 days after receiving the request, giving each member notice of the time, place, and purpose. Should a Committee Secretary fail to act after being requested in writing to do so, the State Chair shall call the meeting in like manner. The officer calling the meeting shall designate a Temporary Chair to preside until the new Permanent Chair is elected. (Texas Election Code §171.025)
(b) Any vacancy on the Committee shall be filled by majority vote of the County Executive Committee at a meeting at which a majority of the membership shall constitute a quorum. (Texas Election Code §171.024) Written notice of the replacement member’s name and address shall be promptly delivered to the State Chair and to the County Chair. (Texas Election Code §171.024)
(c) When the precinct boundaries are changed between primary elections and only one Precinct Chair resides within the new precinct, that Chair shall continue the term of office. If more than one Chair or if none resides within the new precinct, however, the office automatically shall become vacant and shall be filled as provided herein. (Texas Election Code §171.023)
(d) Changes in precinct boundaries made by the Commissioners Court shall not become effective to alter membership of the County Executive Committee until February 1 after the changes are ordered. (Texas Election Code §171.023)
6. Duties and Responsibilities.
(a) Statutory duties of the County Executive Committee include collecting filing fees (Texas Election Code §172.021 and §172.022); appointing watchers (Texas Election Code §33.03); determining the order of names on the ballot (Texas Election Code §172.082 and §172.084); canvassing primary results (Texas Election Code §172.116); and setting and publicizing times and places for Precinct and County Conventions (Texas Election Code §174.022 and §174.063). Additional responsibilities are outlined in the Texas Election Code in Chapters 171, 172, 173, and 174 as well as Sections 31.032, 32.006, 32.034, 32.093, 32.111, 34.007, 42.009, 43.003, 51.002, 51.003, 51.035, 52.002, 123.001, 123.033, 124.065, 125.031, 143.033, and 145.036.
(b) In addition to its statutory duties, the County Executive Committee shall have primary responsibility for planning and for coordinating the General Election Campaigns of the Democratic Party’s nominees within the county. In the case of nominees running for office in districts which include areas outside of the county, the County Executive Committee shall work with the Senatorial District Committee (as described in Article III.F. below). This responsibility shall include raising funds for conducting local campaigns, supporting the statewide effort for the entire ticket, producing materials and coordinating local services for all Democratic campaigns.
(c) The County Executive Committee may establish such committees as it deems appropriate to carry out its non-statutory duties and may appoint committee members who are not members of the County Executive Committee.
7. Meetings.
(a) Three statutory meetings of the County Executive Committee shall be held in even-numbered years: in January; on or before the second Friday after the First Primary; and on or before the second Friday after the Runoff Primary.
(b) Precinct Chairs shall be notified by written notice at least five days in advance of all meetings, excluding emergency situations.
8. Expenditure of Funds.
Expenditure of funds by the County Executive Committee, unless otherwise specified by law, shall require the approval of at least 51% of its members present.
9. County Executive Committee Quorum.
Non-Statutory Business – At County Executive Committee (CEC) meeting, the quorum for conducting non-statutory business shall consist of not less than one-fourth (1/4) of the membership, excluding vacancies. If the meeting is to fill a vacancy, however, a majority of the Committee membership shall be required for a quorum, as specified by State law.
10. Meeting of the County Executive Committee.
Meetings – The County Executive Committee (CEC) shall meet at least quarterly throughout the two year term between elections. Statutory meetings called for by the Texas Election Code may be counted toward the quarterly meeting requirement of the CEC. CEC meetings shall not be scheduled during the week of the biennial state convention. If a county chair fails to issue a written call for a County Executive Committee meeting within six months of the previous County Executive Committee meeting, one-fourth (1/4) of the members of the CEC may call a CEC meeting by written demand. Notice of such meeting, including an agenda of the business to be considered, shall be mailed to all members of the county executive committee at least fourteen (14) days prior to the date of the meeting and shall state the time, date and place and the names of the persons issuing the call. The County Executive Committee meetings shall be chaired by the County Chair. If the County Chair is not present, then the Secretary or any qualified Democrat may conduct the meeting.
F. District Executive Committee
1. Members.
Each senatorial district shall have a Senatorial District Executive Committee, sometimes referred to as the “District Committee,” to be formed as follows:
(a) In a senatorial district composed of only a part of one county, the Precinct Chairs within the district shall constitute the District Committee. No later than the statutory meeting of the County Executive Committee in January, such Precinct Chairs shall elect one of their numbers to serve as Chair of their District Committee. (Texas Election Code §171.053)
(b) For a senatorial district composed entirely of one whole county, the County Executive Committee shall constitute the District Committee, and the County Chair shall be the District Chair. (Texas Election Code §171.052)
(c) For a senatorial district made up of more than one county or parts of more than one county, the District Committee’s membership shall include the County Chair of each county wholly contained within that district and one District Committee member elected from among their number by each group of Precinct Chairs within a portion of a county included in such senatorial district. The District Committee thus formed shall elect its own Chair. The District Committee member so elected by the group (or committee) of Precinct Chairs (from only part of a county included in such a multi-county district) shall be, and act, also, as Chair of such group or committee of Precinct Chairs. (Texas Election Code §171.054)
2. Officers.
(a) A District Committee may elect officers in order to accomplish its business. Any Democrat qualified to hold Party office may hold any District Committee office other than that of Chair. Chairs must be either a Precinct or County Chair. (The office of Senatorial District Committee Chair is a different office than Senatorial District Convention Chair.)
(b) Within 3 days after the meeting of each County Executive Committee at which District Committee members are elected, each County Chair shall forward to the State Chair the names and addresses of the District Committee members and of the District Chair selected at the meeting. (Texas Election Code §171.053(a) and §171.054(b))
3. Duties.
District Committees shall have those responsibilities assigned by Texas statutes, such as filling certain vacancies in nominations for District officials. (Texas Election Code Chapter 145) They also shall be responsible for any duties in connection with Party activities which may be assigned by the SDEC. They may and should, on their own initiative, undertake such efforts on behalf of the Party and its candidates which are appropriate on the district level.
4. Other “District Committees.”
Certain statutory provisions occasionally may require specific action by a “District Committee” other than those based on state senatorial districts. The membership of such District Committees shall be determined by the same general rules applying to the formation of Senatorial District Committees, except that the geographical boundaries used shall be those pertaining to the relevant district.
5. Meetings.
When a District Committee composed of more than one county or of parts of more than one county must meet and organize before it has a permanent District Chair as provided in these Rules, the State Chair shall designate one member of the District Committee to serve as Temporary Chair to call the meeting to order and to preside until the Committee elects its own Chair. The permanent District Chair so elected shall serve for the remainder of the term of office and shall call any subsequent meetings held during that time. (Texas Election Code §171.054(1)(e))
G. Precinct Executive Committee
At a meeting called by the County Chair, the Precinct Chairs in each Commissioner precinct and each Justice precinct shall select one of their number to serve as Chair of a Precinct Executive Committee for each respective Commissioner precinct and Justice precinct. The Precinct Chairs of the election precincts within the Commissioner precinct or Justice precinct shall constitute the Precinct Executive Committee. However, if any such precinct contains fewer than three county election precincts, the County Executive Committee shall be the Precinct Executive Committee and the County Chair shall serve as Chair of the Committee. (Texas Election Code §§ 171.071, 171.072, and 171.073)
H. Removal From Office For Endorsing Opposing
Party or Candidate
1. A Party Officer shall be removed from office if during the current term of office such officer publicly supports or endorses an opposing party or nominee of an opposing party, a person seeking the nomination of an opposing party, or a non-Democratic candidate seeking an office in an election in which candidates may file by party affiliation and a Democrat is seeking the office in question.
2. The terms “publicly supports” and “endorses” shall include, but not be limited to, serving on a campaign committee; giving financial support, including contributing money or its equivalent such as equipment loans, services or supplies; willingly and knowingly allowing the officer’s name to be used in any kind of letter, public endorsement, news release, or advertisement; or actively soliciting votes by making a public appearance or a door-to-door solicitation of votes.
3. The following procedure shall be used for removal of a Party Officer:
(a) A complaint may be filed only by a qualified voter who must be a Democrat and who resides in the political subdivision represented by the subject officer.
(b) Complaints concerning a State Party Officer or SDEC member, a National Committee member, or a Senatorial District Chair or a County Chair shall be filed with the State Chair. Complaints concerning other Party Officers (except convention delegates) shall be forwarded to the County Chair.
(c) Immediately upon receiving a written complaint, together with specific evidence that a Party Officer has violated this rule, the appropriate Chair shall notify the subject Party Officer by certified mail, return receipt requested, deliver to addressee only, stating the nature of the complaint and the evidence submitted and providing a copy of these rules. The subject Party Officer shall be advised that unless he or she delivers to the appropriate Chair within ten (10) days after receiving the notice a written denial signed by the Party Officer specifically denying the claims, the appropriate Chair shall declare the office held by such Party Officer vacant.
(d) If the Party Officer fails to deliver the written response as required above, the Chair immediately shall declare the office held by such Party Officer to be vacant.
(e) If the Party Officer delivers a written denial to the appropriate Chair within the time prescribed above, the Chair within five days thereafter shall determine whether the denial fairly and specifically denies the allegations in the complaint.
(f) A Chair who determines that the denial does not fairly and specifically deny the allegation shall declare the office held by such Party Officer to be vacant, and the Chair immediately shall mail written notice of such decision to the Party Officer and the complaining person.
4. Either party may seek review of the decision or action taken by a County Chair by filing a written request with the State Chair within 10 days after receiving notice of the County Chair’s decision. If the County Chair fails to mail a notice of the decision required above within 21 days from the date the notification of the complaint was mailed to the Party Officer, the complaining party may seek review by the State Chair by filing a written request within 10 days after the 21-day period.
5. No vacancy shall be filled during the time allowed to request review or while a review is under consideration.
6. Within 10 days after receiving a request for review, the State Chair shall determine whether the action or inaction of the County Chair shall be sustained or reversed. The only grounds for review shall be:
(a) Whether the complaint against the Party Officer fairly and specifically states an allegation of conduct violating these Rules;
(b) Whether the response filed by the Party Officer fairly and specifically denies the allegations in the complaint; and
(c) Whether there are procedural deficiencies, including failure to follow the notice requirements, involving handling the complaint.
7. The State Chair immediately shall mail written notice of the decision regarding the review to the County Chair, to the Party Officer, and to the complaining person. If the State Chair’s decision declares a vacancy, the County Chair shall initiate the steps necessary to fill it.
8. If a County Chair fails to send the original notice required by section 3(c) above within three days after receiving a complaint, the complaining person may present the complaint to the State Chair, who, upon receiving the complaint, shall assume the duties of the County Chair prescribed above.
9. Any Party Officer so removed shall be ineligible to serve as a Party Officer for the remainder of that term.
I. Duties of District Committees in Special Elections
1. When for any reason a vacancy occurs in an office requiring a special election, the appropriate District Committee shall meet at the call of the State Chair for the purpose of considering the endorsement of a candidate for the open office. A District Committee may endorse a candidate in a special election, even if more than one Democrat is seeking election.
2. The District Committee shall be composed of the same members who would convene to fill a statutory ballot vacancy for the open office. The State Chair or the State Chair’s designee shall preside over the meeting, and a Secretary shall be elected by the Committee to keep and prepare minutes.
3. The Chair shall provide at least 72 hours notice of the meeting after learning a vacancy has occurred or shall occur. In no case shall a meeting be called later than 14 days after the actual occurrence of the vacancy.
4. As the first order of business, balloting for or against an endorsement shall be conducted by recorded roll call vote or signed paper ballot. If an endorsement is approved, the same procedure shall be utilized in voting on candidates for the endorsement.
5. A candidate receiving a two-thirds vote of those present shall become the endorsed Democratic Party candidate in the special election. If no candidate receives a two-thirds vote on the first ballot, balloting shall continue until one candidate receives a two-thirds vote. If no candidate has received a two thirds vote after the fifth ballot, the low vote-getter will be removed from the list of eligible candidates before the sixth ballot is taken and this procedure will continue with every succeeding ballot until one candidate receives a two-thirds vote. If a tie shall occur between the bottom two vote-getters on or after the fifth ballot, there will be a coin flip with the loser being removed from the eligible list before the next ballot. In the event that five ballots between only two candidates does not result in one candidate receiving a two-thirds vote, the candidate receiving the majority vote shall be endorsed. If an unresolvable tie occurs (one lasting through five ballots) between the top two vote-getters, then the meeting shall be adjourned and there shall be no formally endorsed Democratic Party candidate. A majority of the District Committee can petition the State Chair to re-convene the Committee at any time up to ten days prior to the election.
6. The District Committee’s endorsed candidate will receive the help and support of the Democratic Party as if he or she were the Democratic nominee in the General Election. The provisions of the Party Rules allowing for removal of Party Officers for failure to support the Democratic nominee shall not apply to an officer supporting a Democrat other than the one endorsed through this process.