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. General Rules Governing Party Conventions
1. Compliance with Rules.
Delegates to all Party Conventions shall be selected in accordance with state law and with these Party Rules and in compliance with the rules, regulations, and official directives of the previous National Convention and of the Democratic National Committee, as such directives pertain to the next National Convention.
2. Rules.
(a) It shall be the duty of the presiding officer at the opening of each convention to explain the rules governing that convention and the ways in which convention actions will influence important Party actions and decisions at subsequent convention levels.
(b) The current edition of Robert’s Rules of Order, Newly Revised, shall govern parliamentary procedure in all conventions, caucuses, and convention committees, except where contrary rules or procedures are specified in these Party Rules or by state law.
(c) A copy of all standing Party Rules which pertain to the conduct of the State Convention shall be printed in the official program of such Convention to be distributed to each Delegate during registration.
(d) The specific time and place for each State Convention Committee to meet shall be established in advance of the Convention. This information shall be printed in the appropriate place in the official Convention program distributed to delegates prior to the opening of the Convention.
(e) The State Chair, any Permanent Standing Committees, or any duly elected Party Officer shall be empowered to charge a nominal fee, which is to be no greater than the unit cost of printing and postage, for any materials required by these Rules to be provided to interested persons on request.
(f) In any precinct in which a ballot is required by law to be printed in English and any language other than English, any precinct convention in a presidential election year must be conducted in English and in each such other language upon the request of any participant.
(g) In any County or Senate district that contains one or more precincts subject to Subsection (f), the county or senate district convention must be conducted in English and each such other language required by Subsection (f) upon request of any participant.
(h) Upon the request of any Democratic voter made on or before the Friday preceding that primary election, any Precinct Convention must have a Sign Language Interpreter,
(i) Any Precinct Convention subject to Subsection (f)(g), or (h) shall if requested by or on behalf of a Democratic voter provide a Certified Sign Language Interpreter.
3. Voting.
(a) Methods of Voting. The following methods of voting may be used in all conventions, caucuses, and convention committees: voice vote, (standing) division of the house, roll call vote, teller vote, or signed written ballot. Unless otherwise specified in these Rules, the presiding officer may determine the voting method to be used on each particular question, except that on request of any qualified participant (who need not be recognized by the chair to voice such request), a standing division vote must be held, and the request of one-fifth of the qualified participants shall require a roll call vote.
(b) Secret ballots are specifically prohibited.
(c) Roll Call Votes. The Rules on roll call votes shall be as follows: in a Precinct Convention the roll shall be the list of all qualified Party members present; in a County or Senatorial District Convention, the list of all precincts within that county or senatorial district; and in the State Convention, the list of senatorial districts within the state. A motion to require a roll call vote shall take precedence over any other item of business.
(d) Voting For Officers. Voting for the following Party Officers, if there be more than one nominee, shall be by roll call or by written ballot. A written ballot shall record each delegate’s name, county, senate district and delegate’s choice of candidate. Each Officer shall be voted on separately and not as a slate: Permanent Chair of the State Convention, Chair of the SDEC, and National Committeemen and Committeewomen.
(e) Unit Rule. The use of the unit rule or the practice of instructing delegations shall not be permitted at any level of the convention process.
(f) Proxy Voting. Proxy voting shall be allowed in caucuses, conventions, and convention committees only when specifically permitted by law. (Texas Election Code §174.068) In any case, no proxies from any county shall be recognized at any convention or caucus so long as there is a Delegate present to cast the vote of the county. No person shall be permitted to hold or to vote a proxy for more than one county. (Texas Election Code §174.096)
(g) Voting Full Delegate Strength.
(i) Each multi-county senate district shall vote the full Delegate strength to which it is entitled, divided proportionately among the counties in attendance according to each county’s voting strength within the district. (Texas Election Code §174.096)
(ii) Each unit at each Convention shall vote the full Delegate strength to which it is entitled, divided proportionately to the vote of its Delegates in attendance. (Texas Election Code §174.068 and §174.096) The voting strength of each county in the Senatorial District or County Caucus shall be the same as the vote of that county on the floor of the Convention.
(iii) For any county which has no Delegates present in person or by proxy, those votes shall be apportioned based upon the vote of the Senatorial District so that the Senatorial District can vote its full delegate strength.
4. Media.
Representatives of the news media shall have the right to attend all conventions for purposes of reporting the proceedings. (Texas Election Code §174.002)
5. Minority Reports.
Upon the vote of 20% of the Delegates to any convention or the members of any convention committee, a minority report shall be prepared and presented to the convention as a whole. Such minority report may be submitted to the convention for consideration either by way of amendment or as a substitute for a majority report, provided, however, that additional nominations for any Party office always may be made from the floor of the convention by any Delegate, except where Delegates or Party Officers are elected by smaller units as provided in these Rules.
6. Resolutions.
In order to be considered at State Convention, a written resolution must either have passed at a county or senatorial district convention or have been referred favorably to the Convention through the petition process.
7. Petition Requirements.
A petition signed by 20% of the Delegates attending any convention shall automatically place a specified item of business on that Convention’s agenda. A petition to have an item placed on the State Convention agenda must be submitted on forms prescribed by the State Chair. The Delegate signature, badge number, and county must be included; separate petition forms are required for each senatorial district to speed verification.
8. Presidential Preference.
In presidential years, all persons nominated for Delegate or Alternate or for any Party Committee dealing with the Delegate selection process shall make known their presidential preference or uncommitted status to the relevant assembly prior to their election.
9. Balancing Delegations.
(a) In selecting Delegates and Alternates at all levels, the Nominations Committee and the Convention itself shall make every effort to select persons so that the delegation as a whole shall reasonably reflect the political preferences (in non-presidential years) or the presidential preference (in presidential years) and the proportion of women, young people, and minorities present in the district or state.
(b) At least one-third of the Delegates and onethird of the Alternates of any delegation elected at any level shall be of the sex opposite to that of the rest of the delegation.
10. Ex-Officio Delegates.
(a) There shall be no automatic ex-officio Delegates included in convention delegations at any level, except that members of the Democratic National Committee, Officers and members of the SDEC and Democratic County Chairs shall serve as ex-officio voting Delegates to the State Convention. These ex-officio Delegates shall be added on as a part of their County and Senatorial District delegation. They shall not be replaced with an Alternate in their absence. In years when redistricting has changed district boundaries and numbers, SDEC members shall have the option of having their automatic delegate position be to either the district in which they were elected or to their new geographic district. In redistricting years, automatic delegates will inform the State Chair of their Senatorial District choice by no later than the SDEC meeting immediately preceding the State Convention.
(b) Any incumbent State Chair, Vice Chair, member of the SDEC or National Committee, County Chair, or Senatorial District Chair, or Democratic holder of any state or federal office, may attend any Democratic Convention governed by these Rules, at any level, without being a Delegate or Alternate, and may exercise all floor privileges, except voting. These floor privileges shall include speaking on any question and serving as a Convention Officer. (Texas Election Code §174.097)
11. Public Officials.
No person shall be ineligible to run for the position of Delegate or Alternate by reason of holding any public office.
12. Nominations.
(a) From the Floor. In case there are floor nominations to fill an office that is to be held by more than one person (such as National Committeeman or Committeewoman or At-Large Delegate to a higher Convention), a person making a floor nomination shall identify both the floor nominee and nominee of the Nominations Committee against whom the floor nominee will be running. Proportional representation mandated by other Rules shall not be violated by the nomination or election of floor nominees.
(b) Closing Nominations. Unless otherwise stated in these Rules, nominations may not be closed until either no further nominations are forthcoming from the floor or a motion to close nominations has passed by a two-thirds vote. Such a motion, however, shall not be in order until “a reasonable time” has elapsed.
13. Non-Attendance at Prior Convention.
No one shall be barred from election as a Delegate or Alternate to any convention because of nonattendance at that or any preceding convention, if such nominee otherwise qualifies for the post.
14. Appearing at Committees.
Any Delegate attending any convention shall have the right to appear before any Convention Committee to make recommendations, either orally or in writing, before the Committee takes final action on its report. The Committee may establish by majority vote reasonable time limits for such presentations and shall allot equal time to all wishing to appear.
15. Establishment of Districts.
The respective districts from which the members of Party Committees and Convention Delegates at all levels are elected in any given voting year— whether Delegates be elected by popular vote in the Primaries or by Party Convention —shall be the same as the corresponding districts used in the Primary and General Election of that voting year.
16. Succession of Delegates at National Conventions.
The succession of Alternate to Delegate status at National Conventions shall be governed by the following rules:
(a) A vacant Alternate position shall be filled by the Texas Delegation. The replacement shall be of the same presidential preference, shall be from Texas, and otherwise shall be eligible to serve as a Delegate.
(b) A Delegate who is to be absent or resigns may select from among the Alternates elected by the State Convention from which the Delegate was elected that particular Alternate of the same presidential preference, if possible, who shall assume Delegate status.
(c) When the Alternate is selected by the Delegate, the date for determining that the Delegate and the Alternate have the same preference shall be their preferences as of the date when the Delegate selects an Alternate.
B. Precinct Conventions
1. Time and Place.
A Precinct Convention shall be held in each election precinct on the day of the Primary Election. No later than its statutory meeting in January, the County Executive Committee or, on its failure to act, the County Chair, shall set the time for convening Precinct Conventions at 7:15 p.m. At the same meeting, the County Executive Committee shall determine the place for the Precinct Convention to be the polling place for that precinct. If the polling place is not considered large enough for the expected number of participants, the County Executive Committee may select an alternate place which is located centrally and is easily accessible to the public. The time, date, place, and purpose of this statutory meeting of the County Executive Committee shall be publicized in advance. (Texas Election Code §174.022)
2. Posting Notice.
At least 10 days before the Precinct Convention, the County Chair shall post the time, date, place, and purpose of the Precinct Conventions within the county on a bulletin board at the County Courthouse and shall file a copy in the County Clerk’s office, where it shall be open to public inspection. (Texas Election Code §174.023)
3. Publicizing Meetings.
Precinct Chairs shall be further responsible for publicizing the time, place, and purpose of their respective conventions, including posting the time, date, place, and purpose of the convention at the polling place on election day.
4. Eligibility to Participate.
Any qualified Democratic voter 18 years of age or older who resides in the precinct where the convention will be held and who votes in the Democratic Primary, whether early or in person, shall be eligible to attend, to participate in, and to be a candidate for any Party Office or for any Delegate or Alternate position to be filled at that convention.
5. Duties of Convention Officers.
The Permanent Chair shall preside over the convention immediately upon being elected and shall be responsible for appointing any convention Committees as the Chair deems necessary or as directed by the convention. The Chair also shall be responsible for ensuring that an accurate written record of convention proceedings is kept, including the list of persons present and a list of Delegates and Alternates elected to the County or Senatorial District Convention. The lists shall include residence addresses and cities or towns. (Texas Election Code §174.027)
6. Order of Business.
The order of business at Precinct Conventions shall be as follows:
(a) Call to Order by the Precinct Chair, or, in the Chair’s absence, by any qualified participant.
(b) Preparation by the Precinct Chair of the Temporary Roll of the Convention. This shall be a list of qualified participants who are present, including their residence addresses with city or town. Persons arriving after the list of participants is completed and who are otherwise qualified to participate shall have their names entered on the list and may participate in proceedings subsequent to their arrival. Such persons, however, may not vote on matters previously voted upon or on which a vote has been called for by the Chair. Their political preference shall not cause a change in the proportional allocation of Delegates if the same has been announced at the time calling for the election of Delegates and Alternates in the Order of Business prescribed by the Rules.
(c) Election from among those present of a Permanent Convention Chair, Secretary, and such other Officers necessary to conduct the business of the Convention.
(d) Election of Delegates and Alternates to the County or Senatorial District Conventions.
(e) Other Business: Committee reports, if any, resolutions, etc.
(f) Adjournment.
7. Submission of Records.
The record and a copy shall be signed officially by the Permanent Convention Chair, sealed, and transmitted safely in person, no later than the third day after the convention, or by certified mail, return receipt requested, no later than the second day after the Convention, by the Permanent Chair to the County Chair or County Executive Committee Secretary, who shall send a copy of the delegate and alternate list to State Party headquarters. Copies shall be retained on file at both the county and state office until the end of the primary election year. (Texas Election Code §174.027)
8. Election of Delegates and Alternates.
(a) Apportionment.
(1) Each Precinct Convention shall elect one Delegate for each 25 votes, or major fraction thereof, cast in the precinct for the Democratic candidate for Governor in the last General Election, with each precinct entitled to at least one Delegate; provided, however, that for the years 2008 and 2010, each Precinct Convention shall elect one Delegate for each 15 votes, or a major fraction thereof, cast in the precinct for the Democratic candidate for Governor in the last General Election, with each precinct entitled to at least one Delegate.
(2) If boundaries of an election precinct within a county were changed after the last General Election, however, the County Executive Committee shall determine the allocation of Delegates to such precinct(s), using any fair and reasonable method.
(3) Each Precinct Convention shall elect one Alternate for each Delegate.
(b) Qualifications. The qualifications for Delegates and Alternates shall be the same as those required for participation in the convention, except that a person otherwise qualified need not be present at the convention to be elected a Delegate or Alternate.
9. Delegation Chair.
The Precinct Convention either shall elect a Delegation Chair or shall assign this responsibility to the delegation, either by action or inaction.
10. Election Procedure in Presidential Years.
In presidential years, as all qualified participants enter their names, residence addresses, and cities or towns upon the Temporary Roll of the Convention, they also shall indicate their presidential preference or uncommitted status. When it is time in the Order of Business to elect Delegates and Alternates to the County or Senatorial District Convention, the procedure shall be as follows:
(a) The Convention Chair shall announce the number of eligible voting members on the roll, the number of Delegates and Alternates the Convention is entitled to elect, and the number and percent of each presidential preference or uncommitted status reflected on the roll.
(b) On the basis of such determination, those preferring each presidential candidate and those who are uncommitted shall caucus separately to elect the same proportion of County or Senatorial District Convention Delegates and Alternates as their group represents at the Precinct Convention. Persons in a group comprising entitlement to less than one Delegate may proceed to the caucus of their second choice.
(c) The percentages then will be refigured, if necessary, and the new figures shall be used to allocate positions by preference.
(d) Within each Caucus, participants may nominate themselves or any other participant in that Caucus for the position of Delegate. Nominations shall be open from the floor of the Caucus until a motion is made, seconded, and passed by a two-thirds vote to close nominations.
(e) Each participant may cast a number of votes equal to the number of Delegates allocated to such Caucus. Persons receiving the highest number of votes shall be the Delegates elected by the Caucus. The same number of nominees next highest in the voting shall be the Alternates.
(f) The election of the entire body of Delegates and Alternates chosen by the respective Caucuses in this manner then shall be ratified by majority vote of the Precinct Convention.
11. Election Procedure in Non-Presidential Years.
When it is time in the Order of Business to elect Delegates and Alternates to the County or Senatorial District Convention, the procedure shall be as follows:
(a) The Precinct Convention Chair shall announce the number of eligible voting members on the roll and the number of Delegates the Convention is entitled to elect.
(b) The Chair shall then announce that any individual or group present may submit a written petition to caucus, explain it briefly, and permit other participants at the Convention to sign it. Participants may sign only one such petition.
(c) The Convention Chair should attach copies of all signed petitions to the Minutes of the Convention.
(d) Those present who sign each petition shall then be permitted to caucus separately to elect their proportionate share of the total number of Delegates and an equal number of Alternates.
(e) If no petitions are submitted, all Delegates and Alternates shall be elected at-large by majority vote.
(f) If one or more petitions are offered, the procedures shall be as follows:
(1) The Chair shall announce the number and percentage of participants who signed each petition and the proportionate share of Delegates and Alternates each group is entitled to elect.
(2) Persons in a group comprising entitlement to less than one Delegate may proceed to the Caucus of their second choice.
(3) Within each Caucus, participants may nominate themselves or any other qualified person for the position of Delegate. Nominations shall be open from the floor of the Caucus until a motion is made, seconded, and passed by a two-thirds vote to close nominations.
(4) A person otherwise qualified need not be present at the Convention to be elected a Delegate. Each participant may cast one vote in the election for Delegates. Persons receiving the highest number of votes shall be the Delegates elected by that Caucus. The same number of nominees next highest in the voting shall be the Alternates.
(5) Participants who do not sign a petition shall be allowed to caucus as a group to elect their proportionate share of the total delegation.
(g) Any remaining Delegates and Alternates shall be elected at-arge by majority vote.
(h) The above procedure shall be followed except under the circumstances described below:
(1) If the Convention is entitled to elect only one Delegate and one Alternate, they shall be elected at-large by majority vote.
(2) If none of the Caucuses are entitled to at least one Delegate and Caucuses do not wish to combine to increase their strength, all of the Delegates and Alternates shall be elected at-large by majority vote.
(3) If, in the judgment of the Convention Chair, the composition of the delegation fails to meet the requirements of these Rules, the Chair may request any Caucus to reconvene for the purpose of achieving balance or may suggest additional qualifications for anyone to be elected as an at-large Delegate or Alternate so that balance is achieved in the delegation as a whole. A Convention Chair who takes such action must specify the applicable Rules on which this decision is based.
(i) The election of the entire body of Delegates and Alternates chosen in the manner described above then shall be ratified by majority vote of the Precinct Convention.
C. County and Senatorial Conventions
1. Time and Place.
Each County and Senatorial District Convention shall be held on the third Saturday after the First Primary; however, if that date occurs during Passover or on the day following Good Friday, the Convention shall be held on the next Saturday that does not occur during Passover or on the day following Good Friday. The Convention shall be held in a place easily accessible to the public and large enough to accommodate all participants. The Convention shall be publicized in the same manner prescribed by Party Rules for Precinct Conventions. (Texas Election Code §174.063)
(a) County Conventions. A County Convention shall be held at a time and place set by the County Executive Committee at its statutory meeting in January.
(b) Senatorial District Conventions. At the statutory meeting of the County Executive Committee in January, the Precinct Chairs for the election precincts which will select Delegates to each Senatorial District Convention or, on their failure to act, the Temporary Chair of the Convention, shall determine the exact time and place where each respective Senatorial District Convention shall be held. Each Temporary Chair shall post such order on the bulletin board at the County Courthouse and file notice with the County Clerk at least 10 days before the Convention. Should any Temporary Chair fail to post the order and to file the notice, any member of the County Executive Committee entitled to participate in the decision may post and file such notice. Should more than one do so, the first posting and filing in point of time shall prevail. (Texas Election Code §174.064)
2. Conditions for Holding Senatorial District Convention.
(a) When parts of one county belong to more than one senatorial district, there shall be held, in lieu of a County Convention, a Senatorial District Convention for each part of the county falling into a different senatorial district.
(b) Any county containing portions of two or more senatorial districts may elect to combine the Senatorial District Conventions of two or more adjoining senatorial districts into a single County or sub-county “Regional” Convention; provided, however, that the resulting Convention shall not be composed of more than 2,500 delegates. The Precinct Chairs in each senatorial district involved must by majority vote adopt a resolution to hold such Convention at a meeting for which 30 days prior notice has been mailed to all members of the County Executive Committee.
(c) Any such Convention [referred to in foregoing paragraph (b) above] shall:
(1) Elect Convention Committees proportionately representative of each senatorial district in attendance;
(2) Group precincts solely within senatorial districts;
(3) Elect At-Large Delegates and Alternates from each senatorial district in such manner as to ensure that each senatorial district receives its proportionate number of Delegates and Alternates and that such Delegates and Alternates reflect the political preference (in non-presidential years) or the presidential preference (in presidential years) of that senatorial district;
(4) Allow only members of a senatorial district to make nominations and vote on the election of At-Large Delegates and Alternates from that senatorial district on the floor of the Convention.
3. Eligibility to Participate.
Each County and Senatorial District Convention shall be composed of all Delegates (or their Alternates who assumed Delegate status) in attendance who were duly elected at their respective Precinct Conventions. (Texas Election Code §174.021)
4. Temporary Roll.
The County or Senatorial District Chair shall deliver the lists of all such Delegates and Alternates to the Convention, and these lists shall constitute the Temporary Roll. Only those Delegates listed thereon, or their Alternates who assume Delegate status, may vote on the temporary organization of the Convention. Proxy voting shall not be permitted. (Texas Election Code §174.068)
5. Committees.
Convention Committees shall be the Committees on Credentials, Nominations, Platform and Resolutions, and Rules and Procedures. For those Conventions with thirty or more possible Delegates, each committee shall be composed of between 8 and 15 members elected from among the Delegates to the Convention by the County or Senatorial District Committee at its statutory meeting after the First Primary. For those conventions with less than thirty possible Delegates, each committee shall be composed of between 4 and 15 members elected from among the Delegates to the Convention by the County or Senatorial District Committee at its statutory meeting after the First Primary.
6. Convention Officers.
(a) Generally. The officers of the County and Senatorial District Convention shall have the same duties as those of the Precinct Convention, except for disposition of Convention records, which shall be as follows: The Permanent Chair shall make out in duplicate a certified list, signed by the Permanent Chair and Secretary, of Delegates and Alternates to the State Convention and of all resolutions adopted by the Convention. Within five days after the Convention, the Chair shall forward these sealed documents by registered or certified mail to the State Chair prior to any State Convention. (Texas Election Code §174.069)
(b) Temporary Chair at County Convention.
The County Chair, or, if absent any Delegate to the Convention present, shall serve as Temporary Convention Chair. (Texas Election Code §174.065)
(c) Temporary Chair at Senatorial District Convention.
The Chair of the Senatorial District Committee shall be the Temporary Chair in a Senatorial District Convention composed of only part of one county. The Senatorial District Committee member (not to be confused with the SDEC member for the senatorial district) shall be the Temporary Chair of the Senatorial District Convention for a part of a county which is joined with another territory in a senatorial district.
7. Order of Business. The order of business at County and Senatorial District Conventions shall be as follows:
(a) Call to Order.
(b) Establishment of Temporary Roll of Delegates.
(c) Report of Credentials Committee. The credentials report shall include recommendations regarding challenges of Delegates or delegations, shall be considered according to the Rules in Article V, and shall be acted upon before other business is considered.
(d) Report of the Rules and Procedures Committee and action on its report.
(e) Election from among those present of a Permanent Convention Chair, a Permanent Secretary, and other officers necessary to conduct Convention business. (Texas Election Code §174.065)
(f) Election of Delegates and Alternates to the State Convention.
(g) Other Business: Committee reports, resolutions, etc.
(h) Adjournment.
8. Election of Delegates and Alternates.
(a) Apportionment. The ratio for the selection of Delegates to the State Convention shall be one Delegate for each 300 votes or major fraction threof cast in the county for the Party’s candidate for Governor in the last General Election. Each County or Senatorial District Convention, however, shall elect at least one Delegate and one Alternate to the State Convention; provided, however, that for the years 2008 and 2010, the ratio shall be one Delegate and one Alternate for each 180 votes or major fraction thereof cast.
(b) Number of Alternates. Each County and Senatorial District Convention shall elect one Alternate for each Delegate.
(c) Qualifications. Qualifications for Delegates to the State Convention shall be the same as those for Delegates from the Precinct Conventions.
9. Delegation Chair.
The County or Senatorial District Convention either shall elect a Delegation Chair or shall assign this responsibility to the delegation, either by action or inaction.
10. Election Procedure in Presidential and in Non-Presidential Years.
(a) The order of business for each County or Senatorial District Convention shall include a provision allocating to each precinct the right to elect one Delegate and one Alternate for each full 300 votes cast in the precinct for the Democratic nominee for Governor in the last General Gubernatorial Election; provided, however, that for the years 2008 and 2010, the ratio shall be one Delegate and one Alternate for each full 180 votes cast.
(b) At its statutory meeting in January, the County or Senatorial District Committee shall group together precincts which cast fewer than 300 votes so that those precincts can caucus to elect one Delegate and one Alternate for those 300 votes. These groupings shall be made on the basis of geographical proximity and demographic similarity, insofar as possible, and shall total a full 300 votes and as close thereto as possible. No precincts shall be divided in the grouping. If there be only one such precinct in a county, or if all such precincts combined do not total a full 300 votes, such precinct(s) shall be assigned to another precinct for caucusing purposes by the County or Senatorial District Committee at its January meeting. Provided, however, that for the years 2008 and 2010, the ratio for the selection of Delegates to the State Convention shall be one Delegate for each full 180 votes cast in the county for the Party’s candidate for Governor in the last General Election.
(c) When it is time in the Order of Business to elect Delegates and Alternates to the State Convention, the precincts or grouped precincts shall caucus and make nominations within their respective caucuses according to the following procedures:
(1) Within each caucus, participants may nominate themselves or any other qualified person for the position of Delegate.
(2) Each Delegate present shall vote for one nominee. Those nominees equal to the number of Delegates allotted to that precinct or group of precincts who receive the highest number of votes shall be the precinct recommendations for Delegates to the State Convention. The same number of nominees next highest in the voting shall be the recommendations for Alternates to the State Convention.
(3) These nominations shall be forwarded immediately to the Nominations Committee and shall be included in the list of Delegates and Alternates to the State Convention. The Nominations Committee shall select other nominees for At-Large Delegates and Alternates to bring the total to the full number authorized for the county or senatorial district. Following any additional nominations for At-Large Delegates which may be made from the floor subsequent to the Nominations Committee report, the Convention as a whole shall ratify the election of Delegates and Alternates recommended by the precincts and shall elect the At- Large Delegates and Alternates needed to complete the delegation.
(d) At the County or Senatorial District Conventions, precincts shall elect their Delegates in accordance with Party Rules, and At-Large Delegates shall be selected by the Convention according to the following procedure:
(1) Either a written poll of Delegates or a roll call poll of the Convention shall be conducted to determine political preferences. The method to be used shall be determined by the County or Senatorial District Committee in advance of the Convention or, if it fails to act, by the Permanent Convention Chair. The written poll of Delegates may be either by ballot or by sign-in sheet on forms prescribed by the County or Senatorial District Committee. These forms shall require the signature of each Delegate, attesting to the Delegate’s political preference (in non-presidential years) or presidential preference or uncommitted status (in presidential years). No Delegate may sign more than once. Final establishment of the poll, either by roll call or in writing, shall be the first order of business immediately following the election of Permanent Convention Officers and before the Convention conducts any other business.
(2) Upon completing the poll, results shall be tabulated by a committee appointed by the Permanent Convention Chair and composed of at least one person for each known political or presidential reference. The Chair then shall announce the tabulation results to the convention by number and percentages of votes received by each political or presidential preference. The tabulation then shall be written into the permanent records of the Convention and shall be reported as part of the minutes. The poll records, including the ballots, sign-in sheets, or roll call poll, shall be retained by the County or Senatorial District Chair as part of the official files of the Convention for at least six months. Such records shall be open to public inspection at reasonable hours upon request.
(3) Any written forms used in conducting such poll, or the announced method of polling, if by roll call poll, shall include all known political preferences (in non-presidential years) or presidential preferences and uncommitted status (in presidential years) of Delegates, but shall not limit the right of any Delegate or group of Delegates to indicate their preference in any manner which they choose.
(4) Poll results shall be used by the Nominations Committee and by the Convention as a whole as the basis for nominating and for electing At-Large Delegates so as to ensure the fairest possible representation of the Convention participants as a whole within the total delegation, without disturbing the Precinct Caucus election results. The threshold will be the lowest allowed by the National Committee (which at present is 15%).
(5) A person nominated for Alternate by a Precinct Caucus shall be eligible for election as an At-Large Delegate. When the Nominations Committee selects an Alternate from a Precinct Caucus to serve instead as an At-Large Delegate, the Nominations Committee shall declare such Alternate position vacant and shall fill it as if it were an At-Large Alternate position.
(6) In the case of a tie vote for either Delegate or Alternate, the Delegate or Alternate shall be determined by lot or chance.
11. Succession of Alternates to Delegate Status.
At the County and Senatorial District Convention, the succession of Alternates to Delegate status shall be governed by the following provisions:
(a) A Delegate who is to be absent or resigns may select from among the Alternates of the precinct from which the Delegate was elected, the particular political preference (in non-presidential years), if possible, or the same presidential preference (in presidential years), if possible, who shall take the Delegate’s place.
(b) If a Delegate is unable to or fails to select the Alternate to assume Delegate status, the delegation shall select from among the Alternates from the precinct from which the delegate was elected, the particular Alternate of the same political preference (in non-presidential years), if possible, or of the same presidential preference (in presidential years), if possible, who shall take the Delegate’s place.
(c) A vacant Alternate position shall not be filled.
(d) When the Alternate is selected by the Delegate, the date for determining that the Delegate and the Alternate have the same preference shall be their preference as of the date when the Delegate selects an Alternate.
D. State Convention
1. Time and Place.
The Texas Democratic Party shall hold its State Convention in June of evennumbered years. The time for convening the State Convention and the date and place shall be selected by the SDEC at least three years in advance so as to maximize participation. The SDEC shall decide the time, date, and place no later than the 59th day before the primary. No later than the day of the primary, the State Chair shall file notice of the time, date, and place with the Secretary of State and shall mail a copy to all County and Senatorial District Chairs. (Texas Election Code §174.092 and§174.093)
2. Notice.
The notice of the Convention mailed to County and Senatorial District Chairs shall include a copy of the Party Rules, any supplemental rules which may apply, and the proposed Convention agenda.
3. Eligibility to Participate.
The State Convention shall be composed of Delegates duly elected from County and Senatorial District Conventions. Additionally, members of the Democratic National Committee, officers and members of the SDEC, and Democratic County Chairs shall serve as ex-officio voting Delegates to the State Convention.
4. Purpose.
(a) The purpose of the State Convention shall be to elect a State Chair, First Vice Chair, Vice Chair for Finance, Secretary and Treasurer; to elect the 62 members of the SDEC from their respective senatorial districts; to adopt a platform which embodies the basic principles of the Democratic Party and which sets forth its positions on current issues of statewide significance for the November General Election; to announce the nominations for Governor and other state offices; and to attend to any other appropriate business.
(b) Additionally, in presidential years, the Convention shall elect Delegates and Alternates to the Party’s National Convention; elect the Party’s official nominees from Texas for the Democratic National Committee (such nominees shall be elected formally by the National Convention in accordance with National Committee Rules); and select the official slate of Presidential Electors.
5. Officers and Committees.
(a) Temporary Officers. The State Chair may designate such Temporary Officers and assistants deemed necessary to plan, to arrange, and to conduct the necessary work of the Convention until Permanent Officers are elected. These appointees shall have those duties which are assigned to them.
(b) Permanent Officers.
(1) The Permanent Officers of the Convention shall be a Chair, Vice Chair, Secretary, and Parliamentarian. The Convention may elect such additional Permanent Officers as the SDEC may recommend to carry on Convention business.
(2) The SDEC shall, by majority vote, nominate a Permanent Chair, a Permanent Vice Chair of the opposite sex, a Permanent Secretary and a Parliamentarian at least one month before the State Convention. Additional nominations accompanied by a petition signed by at least one percent of the duly-elected Delegates to the Convention shall be accepted from the floor of the State Convention from any Delegate. No Delegate may sign more than one nominating petition for any given office.
(3) The Permanent Officers of the Convention shall be elected by a majority of the State Convention Delegates. Each Permanent Officer shall be voted on separately and not as part of a slate.
(c) Temporary Credentials Committee. A Temporary Credentials Committee composed of members shall be appointed by the State Chair, who also shall appoint the Committee Chair. Its duties shall be to hold such preliminary meetings and hearings as it deems necessary to gather facts about challenges to the credentials of individual Delegates or delegations to the State Convention and to report to the SDEC, which shall establish the Temporary Roll of the Convention. This written report also shall be submitted to the Permanent Credentials Committee of the State Convention to expedite the latter’s work and avoid undue delays in the orderly progress of the Convention. The State Chair shall ensure that the Temporary Credentials Committee is broadly representative of the state’s population in terms of geography, age, sex, ethnic identity, race, and philosophical persuasion.
(d) Temporary Resolutions Committees.
(1) The Chair shall convene a Temporary Resolutions Committee to consider and recommend to the State Convention Permanent Resolutions Committee, Permanent Platform Committee and Permanent Rules Committee resolutions submitted by County and Senatorial District Conventions.
(2) The Temporary Resolutions Committee shall consist of one member of the SDEC from each Senate District. The members of each district shall decide which member shall serve. If both wish to serve, the State Chair shall conduct a coin toss to determine the member to serve. If neither are able to serve, the State Chair shall appoint a replacement from that district with the advice and consent of the applicable SDEC committee members where the vacancy occurred. The State Chair shall appoint the Chair of the Committee. The Chair does not have to be chosen from among those selected as members of the Committee.
(3) The Temporary Resolutions Committee shall meet at a time and place and as often as necessary as determined by the State Chair. A quorum of the Committee shall be 10 members.
(4) All resolutions passed by a County or Senatorial District Convention shall be submitted with the minutes of the Convention to the State Party Chair. The Chair shall refer all such resolutions to the Temporary Resolutions Committee.
(5) The Temporary Resolutions Committee shall determine if any resolutions or substantially similar resolutions have passed multiple County or Senatorial District Conventions. Any such resolution shall be referred directly to the Permanent Resolutions Committee for consideration. Any other resolution that was submitted by a convention shall be considered by the committee and must obtain a 2/3 vote of the quorum present at the meeting to be recommended to the Permanent Resolutions Committee at the State Convention for consideration. The Temporary Resolutions Committee shall have the discretion to non-substantively re-write and format resolutions to make them appropriate for consideration. Such changes and formatting shall not require a vote of the committee for the changes to be made.
(6) All memorial and congratulatory resolutions shall be referred directly to the Permanent Resolutions Committee of the State Convention. The Permanent Committee may recommend them as one motion for adoption by the Convention with a direction for the Party staff to prepare the adopted resolutions for presentation to the group, person or their family, as appropriate.
(7) Any resolution that addresses a local issue or policy that does not rise to statewide significance should not be recommended by the Temporary Resolutions Committee for a State Convention vote. Such resolutions have served their purpose upon adoption by the local County or Senatorial District Convention.
(8) All resolutions that pertain to the Rules of the Texas Democratic Party, party procedural matters or other party governance issues shall be referred by the Temporary Resolutions Committee to the Permanent Rules Committee of the StateConvention.
(9) Any resolution that considers an idea or policy that should be considered for inclusion in the Party Platform shall be referred by the Temporary Resolutions Committee to the Permanent Platform Committee of the State Convention.
(e) Resolution Recommendation or Adoption by Petition.
(1) Any Delegate or Alternate to the State Convention may submit to the Chair or a designee a proposed resolution for consideration by the Convention. The resolution shall be filed between the hours of 9 am and 6 pm on Friday of the State Convention. It shall be assigned a Resolution Number and given a short title.
(2) Proponents of the resolution will be given a prescribed petition form for the purpose of obtaining signatures. It shall be the responsibility of the proponents of the resolution to reproduce sufficient copies of the petition.
(3) Each signature must be accompanied with the Senate District number of the signer. Alternates to the Convention may sign any petition even if they have not been elevated to Delegate status.
(4) Any resolution for which signatures have been obtained from 30% of the number of Delegates to the Convention (as certified by the Credentials Committee as the Permanent Roll) shall be presented to the Convention for discussion and a vote. A submission of such resolution shall immediately be recognized as being before the Convention as the next order of business after completion of any item then under consideration. Any resolution for which signatures in excess of 50% of the number of Delegates to the State Convention have been obtained shall be adopted by the Convention upon submission to the Permanent Chair and shall not require a vote of the Convention. The Permanent Chair shall announce the adoption of such resolution.
(f) Permanent Committees.
(1) Composition. The Permanent Committees of the State Convention shall be those on Credentials, Nominations, Platform, Resolutions, and Rules. In presidential years, there shall also be the nominations Committee for At-Large Delegates to the National Convention. Each Permanent Committee except Credentials shall be composed of 34 members, one member to be elected to each Committee by each Senatorial District Caucus and three members to be appointed by the Permanent Convention Chair. The Permanent Credentials Committee shall consist of 33 members, one elected by each Senatorial District Caucus, and the Permanent Chair and Secretary appointed by the State Chair.
(2) Temporary Chair. The Permanent Convention Chair shall designate one member of each Permanent Committee to be Temporary Chair. The Temporary Credentials Committee Chair shall serve as an ex-officio member of the Permanent Credentials Committee but shall not vote unless that person is one of the members elected by a Caucus or one of the two officers appointed by the State Chair.
(3) Order of Business. The first order of business of each Permanent Committee shall be to elect a Permanent Chair and a Permanent Secretary from among its membership.
(g) Duties. The duties of the Permanent Committees shall be as follows:
(1) The Permanent Credentials Committee shall make recommendations to the Convention as to the final resolution of all challenges regarding the credentials of Delegates to the State Convention.
(2) The Nominations Committee shall nominate the officers of the SDEC and the SDEC members recommended by their respective Senatorial District Caucuses and, in presidential years, the DNC Representatives. In presidential years, the duties of the Nominations Committee for At-Large Delegates to the National Convention shall be those implied by its title or as assigned by the National Party Rules.
(3) The Platform Committee shall write and recommend to the Convention a Party platform for the November General Election.
(4) The Resolutions Committee shall consider and recommend all resolutions submitted to the Convention, other than those within the proper jurisdiction of the Platform Committee.
(5) The Rules Committee shall consider and recommend any proposed amendments to the permanent Party Rules and shall assist the Convention Chair and Parliamentarian, at their request, in interpreting the applicability of these Rules to questions of organization and procedure at the Convention.
6. Order of Business. The order of business at the State Convention shall be as follows:
(a) Call to order by the State Chair. Following the State Democratic Executive Committee on Thursday for the purpose of announcing the Temporary Roll and convention procedures. This shall occur in the same location and upon adjournment of the SDEC meeting. No votes of the full Convention shall occur until after the Friday evening Opening Ceremonies.
(b) SDEC Report on the Temporary Roll.
(c) State Chair announces the time and place for Senate District Caucuses to be held. The Senate District Caucus shall elect one member to each of the following Permanent Committees of the Convention and other positions as listed:
(1) Credentials Committee
(2) Platform Committee
(3) Resolutions Committee
(4) Rules Committee
(5) Nominations Committee for SDEC officers and SDEC members recommended by Senatorial District Caucuses, and in presidential years, members of the Democratic National Committee and Presidential Electors
(6) Recommendation for SDEC Committeeman
(7) Recommendation for SDEC Committeewoman
In presidential years:
(8) Nominations Committee for At-Large Delegates to the National Convention
(9) Recommendation for Presidential Elector(s) as allotted to those Caucuses under these Rules
(10) Delegates and Alternates to the National Convention as allocated to them
(d) State Chair announces time and location for the Permanent Credentials Committee to meet. Chair announces the Chair’s appointment of a Permanent Chair and a Secretary of such Committee. The Permanent Credentials Committee shall begin its deliberations at the appointed hour or as soon thereafter as a quorum is established. Members arriving after the Committee has made a decision on any given challenge may not vote on a motion to reconsider, but may vote and debate on all other motions subsequent to their arrival.
(e) State Chair announces time certain for Opening Ceremonies.
(f) State Chair announces that the convention stands at recess until the Opening Ceremonies. In a presidential year, the State Chair shall also announce the conduct of a written poll to determine the presidential preference of each participating delegate. The announcement shall include the exact location where the sign-in will occur and the beginning time, which shall be no later than 10 am on Friday.
(g) Each Senate District Caucus is held at the time and place on Friday assigned by the State Chair. The Caucus may be called to order by either SDEC member or, if absent, by any Delegate from said District. The Caucus shall elect a Permanent Chair of the Caucus. The Permanent Chair shall appoint a clerk to fill out all necessary forms and reports of caucus results. The election of the Permanent Credentials Committee member shall precede any other elections. All Caucuses shall recess one hour before the stated opening ceremony time. Any caucuses who have not completed their business shall reconvene no sooner than 10 minutes after recess of the full Convention on Friday night at a place decided by the Caucus Chair in consultation with the State Chair or their designee.
(h) State Chair calls Convention back to order at previously announced time, followed by presentation of colors, the national and state anthems, and the invocation. (Texas Election Code Section §174.094).
(i) State Chair announces that presidential preference poll shall close at a time certain no less than one hour hence.
(j) State Chair introduces the Temporary Officers of the State Convention and turns over the gavel to the Temporary Chair, if different from the State Chair.
(k) Remarks by Temporary Chair, Welcome Address, etc., and speeches by invited dignitaries.
(l) Report of the Permanent Credentials Committee and action on report.
(m) Report from the SDEC on its nomination for Permanent Convention Chair, followed by nominations from the floor.
(n) Election of Permanent Convention Chair.
(o) Permanent Chair assumes duties.
(p) Permanent Chair announces the Chair’s appointment of Temporary Chairs and two additional members of each Permanent Committee and announces where the Committees will meet the following morning at 8 am.
(q) In a presidential year, Permanent Chair announces the results of the presidential preference sign-in and the allocation of At-Large Delegates and Alternates to each presidential preference.
(r) Permanent Chair further announces that the Convention will recess until the following morning so that the Permanent Convention Committees may transact their business.
(s) Senatorial District Caucus Chairs deliver written report on the results of their Caucuses to the Chair or designee immediately upon completion of their caucuses. Any Senate District that did not finish its business during the afternoon caucus shall deliver any partial reports to the Chair or designee before the Opening Ceremonies and the remainder of the information upon conclusion of the caucus.
(t) Chair announces location of any Senate District Caucuses that did not finish their business during the afternoon.
(u) Convention reconvenes on the second day of the Convention and the Permanent Chair calls the Convention back to order.
(v) Report from the SDEC on its nominations for Permanent Officers of the Convention (other than Permanent Chair) followed by nominations from the floor.
(w) Election of Permanent Officers (other than Permanent Chair).
(x) Report of Rules Committee and action on report.
(y) Report of Nominations Committee and action on report, including the Committee’s nominations for State Party Officers and for SDEC members recommended by their respective Senatorial District Caucuses and, in presidential years, the Committee’s recommendations for National Committee members and Presidential Electors.
(z) Permanent Chair reads list of Senatorial District nominees to SDEC, followed by formal vote of ratification by Convention.
(aa) In presidential years, the following shall occur at this point in the order of business:
(1) Permanent Chair reads list of all National Convention Delegates and Alternates elected by Senatorial District Caucuses.
(2) Report of Nominations Committee for At-Large Delegates and action on report.
(bb) Report of Platform Committee and action on report.
(cc) Report of Resolutions Committee and action on report.
(dd) Announcements and further business.
(ee) Adjournment.
Because of the uncertainty of the length of any particular Permanent Committee meeting, the Permanent Chair may take Committee reports out of this order. Further, the reports of any Committee may be divided and partial reports given and adopted as necessary. Specifically, the report of the Committee on Resolutions can be made by the Chair of the Resolutions Committee forwarding individual resolutions as they are recommended by the Committee to the Permanent Chair for action.
7. Presidential Preference Poll in Presidential Years
(a) A written poll to determine the presidential preference of each participating Delegate shall be conducted. The State Chair shall establish and announce a location within the convention hall where delegates shall be able to perform this action.
(b) Poll results shall be reported on official signin sheets prescribed by the State Committee. Each sign-in shall contain, at the top, a statement attesting that each signer pledges support to the candidate whose caucus he or she joins. No Delegate may sign-in more than once.
(c) In order to sign-in, the Delegate shall show their delegate badge, sign the poll of their choice and write their presidential preference or uncommitted status on their credential in a designated location. The credential shall be stamped or marked to show that the Delegate has designated their choice by participating in the sign-in poll.
(d) The poll shall continue until a time certain announced by the State Chair which will be at least one hour after said announcement following the Opening Ceremonies on Friday night.
(e) Poll results shall be tabulated by the Temporary Chair of the Permanent Committee on Nominations of National Delegates and Alternates, assisted by a committee appointed by the State Chair, composed of one person from each presidential preference group. The Temporary Chair of the Permanent Committee on Nominations shall determine the tabulation results by number and percent of votes received by each presidential preference.
(f) The Chair shall announce the results of the sign in for the convention as a whole by number and percent of sign-ins received by each presidential or uncommitted preference and by the number of Pledged Party and Elected Official Delegates and number of At-Large Delegates allocated to each presidential or uncommitted preference.
(g) These sign-in sheets and final tabulations shall be available for public inspection after the convention at the State Democratic Executive Committee’s office.
8. Election of National Delegates/Alternates.
The election of Delegates and Alternates to the National Convention shall be governed by the Texas Delegate Selection Plan adopted by the SDEC and approved by the National Committee for that presidential year.
9. Election of National Committee Members.
At the State Convention held in presidential years, the Convention shall elect, by majority vote, the Texas nominees to the Democratic National Committee (DNC). The number of these members shall be set by the DNC, and their election shall be subject to formal ratification by the National Convention, as provided by the Rules of the National Committee.
(a) Qualifications. The qualifications for National Committeemen and National Committeewomen shall be the same as those prescribed for Party membership in Article II.B. of these Rules.
(b) Pledge of Support. The National Committeemen and Committeewomen must declare affirmatively in favor of the Party’s nominees for President and Vice President within one month after the National Convention, or they shall be subject to removal from office by the National Committee.
(c) Terms. The term of office for National Committee members shall begin immediately following the National Convention which ratifies their selection, or following ratification by the National Committee if a member is elected to fill an unexpired term. The regular four-year term shall extend through the first National Convention held subsequent to the election of such members or until their successors are elected and qualified.
(d) Nominations. In presidential years, the Nominations Committee shall consider all recommendations made to it by Convention Delegates and all nominations made y Committee members for National Committee members. The Committee’s report to the Convention may include more than one nomination for any position on the National Committee.
(e) Elections. After the Nominations Committee presents its report to the Convention, minority reports which comply with Party Rules shall be presented, followed by additional nominations, if any, from the Convention floor. The Convention as a whole then shall elect each of its National Committee members by majority vote.
(f) Vacancies. Any vacancy in these offices which occurs after a National Convention and before the next presidential State Convention shall be filled promptly by a majority of the SDEC, provided that members receive written notice at least 30 days before the meeting at which the election will be held. Any member of the SDEC may nominate a candidate for the vacant office.
10. Election of Presidential Elector Candidates.
At its State Convention, in presidential years, the Party shall nominate as many Presidential Elector candidates as the total number of U.S. Senators and U.S. Representatives to which the state legally is entitled at that time.
(a) Qualifications. The qualifications for Presidential Elector candidates shall be the same as those prescribed for Party membership in Article II.B of these Rules. Legally, however, a Presidential Elector may not be a member of the United States Congress or anyone who “holds any other federal office of profit or trust.” (Texas Election Code §192.002)
(b) Duties. The duties of Presidential Electors shall be to meet in the Capitol Building at Austin on the first Monday after the second Wednesday in December following their election (or at such other time and place as may be required by law), and to vote for President and Vice President of the United States, making such return thereof as is required by federal law.
(c) Election Procedure. Presidential Elector candidates shall be chosen in the following manner:
(1) Each Senatorial District Caucus shall elect by majority vote one candidate for Presidential Elector. If Texas is entitled to more than 31 Electors, each senatorial district shall be entitled to one Elector and the remaining Elector positions shall go to the senatorial districts with the highest vote for the Democratic nominee in the preceding presidential election in descending order until all positions are allocated.
(2) The names of all Electors so chosen by the Senatorial District Caucuses shall be submitted to the Convention’s Permanent Nominations Committee for SDEC members. The Committee shall compile a list of these Electors to report to the Convention and shall make any additional nominations or any determinations by lot necessary to make the slate numerically correct. The required number of Presidential Elector candidates shall be certified to the Secretary of State by the State Chair and Secretary at least 60 days before the election. (Texas Election Code § 192.031)
(d) Affidavit. After the Party’s National Convention and prior to September 1, each Presidential Elector candidate shall file with the State Chair a written affidavit attesting the intention to support the Party’s Presidential and Vice Presidential nominees. Any Elector candidate chosen at the State Convention who fails to file such an affidavit shall be replaced by the SDEC with an Elector from the same senatorial district.
(e) Vacancies. If for any cause, before the General Election, a Party’s chosen Elector becomes legally disqualified, the State Chair shall certify the replacement name and address to the Secretary of State. If for any cause, after the General Election, a Party’s chosen Elector fails to attend the meeting of the Electors and vote as required by law, or if an Elector becomes legally disqualified, a majority of the qualified Electors present after having convened may appoint a successor and shall report such action immediately to the Secretary of State. (Texas Election Code § 192.004 and § 192.007)
11. Succession of Alternates to Delegate Status.
The succession of Alternates to Delegate status at the State Convention shall be governed by the following provisions:
(a) A Delegate who is to be absent or resigns may select from among the Alternates of the county, if elected by a County Convention, or senatorial district, if elected by a Senatorial District Convention, from which the Delegate was elected, the particular Alternate of the same political preference (in non-presidential years) or presidential preference (in presidential years), if possible, who shall assume Delegate status. Ex-officio Delegates (Article IV.D.3) shall not be replaced if absent.
(b) If a Delegate is unable to, or fails to, select the Alternate to assume Delegate status, the delegation shall select an Alternate who meets the criteria described above.
(c) A vacant Alternate position shall not be filled.
(d) When the Alternate is selected by the Delegate, the date for determining that the Delegate and the Alternate have the same political preference (in a non-presidential year) or the same presidential preference (in a presidential year) shall be their preferences as of the date when the Delegate selects an Alternate.