BYLAWS OF THE LIBERTARIAN PARTY OF WEST VIRGINIA
As adopted May 12, 2012
With amendments provisionally adopted by the LPWV Executive Committee for consideration at the 2017 Annual Meeting.
The name of this Society state affiliate of the Libertarian Party shall be "The Libertarian Party of West Virginia," hereinafter referred to as “the LPWV.”
The object of this Society state affiliate shall be to promote libertarian political ideals consistent with the Libertarian Party Statement of Principles by:
i. educational outreach;
ii. nomination and promotion of candidates for local, state, and national public office;
iii. supporting and promoting liberty-oriented organizations at all levels throughout the state, including chartering appointing regional affiliates coordinators and county contacts, per Article VIII; and,
iv. election of delegates to represent the LPWV at Libertarian Party national conventions.
Section 1. Membership Eligibility.
Associate Members of the Party LPWV shall be those persons whose LPWV dues are current and who have certified affirmed in writing (via physical or electronic means) that they oppose the initiation of force to achieve political or social goals the Libertarian Party Non-Aggression Principle or registered as a voter with the West Virginia Secretary of State with the designation of Libertarian.
Voting Members of the LPWV shall be those persons who have affirmed in writing (via physical or electronic means) the Libertarian Party Non-Aggression Principle and are registered as a voter with the West Virginia Secretary of State with the designation of Libertarian sixty (60) days prior to any vote call or meeting in which voting membership is required.
Note: The Libertarian Non-Aggression Principle states: "I hereby pledge that I do not believe in nor advocate the initiation of force or fraud as a means of achieving political or social goals."
Section 2. Dues. The Executive Board shall set the annual dues. A membership is effective from the date that the LPWV receives the dues payment. Memberships are valid for one year from that date. The Treasurer shall send renewal notices to voting members no less than two weeks prior to the expiration of their membership, if in such case it has not yet been renewed by that date.
Section 3 2. Open Meetings. All LPWV meetings shall be open to the public.
Section 4 3. Membership Privacy. The LPWV will make all best efforts to ensure the privacy of all members. This includes applying security best practices with regards to electronically stored data as prescribed by the IT Committee of the LPWV. Information related to members and membership shall not be shared outside of the LPWV with the exceptions of to certified LPWV candidates for public office to whom such information pertains, regional affiliates coordinators and county contacts of the LPWV, and with the national Libertarian Party. Excluding the LPWV Executive Board Committee, only individuals authorized by the LPWV Executive Board Committee, having signed non-disclosure agreements, may be granted access to personal information related to the membership of the LPWV. Only data pertinent to the race in question shall be shared with candidates for public office. Only data pertinent to the region or county in which a regional affiliates coordinators and county contacts is are chartered shall be shared with regional affiliates coordinators and county contacts. Any data related to membership shall be considered confidential information.
Section 5 4. Resignation from Membership. Any member desiring to resign from the LPWV shall submit his or her resignation in writing to the Secretary Treasurer. Upon receipt of this resignation by the Secretary Treasurer, the member shall no longer be a member of the LPWV.
Section 1. Offices and Duties. The officers of the LPWV shall be a Chair (President for the purpose business with the Secretary of State), a Vice-Chair (Vice President for the purpose of business with the Secretary of State), a Secretary, and a Treasurer. These officers shall be LPWV Voting Members of the LPWV, elected with a majority vote by ballot at the Annual Meeting (odd years), and shall perform the duties prescribed by these bylaws and by the parliamentary authority adopted by the LPWV. No member may hold more than one office at a time. Officers may delegate responsibilities, except that any such delegation may be countermanded by a majority of the Executive Board Committee.
Section 2. Reference Materials. One copy of the latest edition of Robert’s Rules of Order Newly Revised shall be purchased for the use of the President Chair. Four copies of Robert’s Rules of Order Newly Revised In Brief shall be purchased for the use of the officers. Officers shall be held personally responsible for these books, beyond reasonable wear. These books shall be passed to new officers at the beginning of their terms. When new revisions of these books are published, equivalent books shall be purchased to replace the outdated copies. Because it is in the best interests of the LPWV that members be familiar with their rights and responsibilities, and because, though required for faithful adherence to our adopted parliamentary procedure, revisions are not substantially altered in content, outdated copies will be retained by the LPWV Secretary for borrowing by LPWV members for their perusal.
Section 3. Nomination Procedure, Time and Method of Elections, Term of Office. At the Annual Meeting of odd-numbered years, nominations for LPWV officers will be accepted from the floor. At this meeting, the officers shall be elected by ballot to serve, beginning at the end of the meeting at which they are elected, for two years or until the end of the meeting at which their successors are elected. No member may be elected to office who is not present at the election.
i. The Treasurer shall may appoint an Assistant Treasurer, who shall serve at the discretion of the Treasurer. Any individual to be appointed to the post of Assistant Treasurer must be a Voting Member of the LPWV. The Assistant Treasurer shall be authorized to act on behalf of the Treasurer in any capacity necessary for the performance of the duties of the office of the Treasurer and in full compliance with any applicable law or regulation in such case as the Treasurer is unable to do so. The Assistant Treasurer shall be granted access to any information or accounts necessary for the performance of duties. The Assistant Treasurer shall not be considered a Voting Member of the Executive Board Committee under any circumstance; however, the Assistant Treasurer may attend meetings of the Executive Board Committee at the request of the Treasurer. The Assistant Treasurer may also be removed from office by 2/3rds vote of the Executive Board Committee, at which time the Treasurer shall be compelled to appoint a new Assistant Treasurer.
Section 1. Regular meetings. The regular meetings of the LPWV shall be held on the first third Saturdays of February, May, August, and November of each month, except for those months hosting a Convention or Annual Meeting, or as otherwise ordered by Executive Board Committee.
Section 2. Annual Meetings. The regular Annual Meetings shall be held on the first Saturday in August May shall be known as the Annual Meeting, during odd numbered years, and shall be for the purpose of electing officers and delegates, electing At-Large Representatives, for receiving reports of officers and committees, for amending bylaws, for amending platforms, and for any other business that may arise.
Section 3. Biennial Nominating Conventions.
i. Scheduling and purpose. Annual Meetings in even-numbered years shall be Conventions. Nominating Conventions shall commence on the first Saturday in May, during even numbered years, and shall Conventions will be held for the purpose of nominating candidates for statewide offices, electing At-Large Representatives, nominating delegates, providing education and training, and of conducting all additional the business of the Annual Meetings Nominating Convention.
In the event that during the opening day of the convention no candidate is nominated for an office appearing on the General Election Ballot, the Executive Committee, by majority vote, shall have the power to reconvene the Nominating Convention for the purpose of nominating candidates for the General Election. These candidates shall be nominated by a majority vote of the Executive Committee and shall represent the Libertarian Party of West Virginia in the General Election as if they were nominated on the convention floor by the Voting Members.
ii. Ballot options. All ballots for one or more political candidates must include as the last selection the option, “None of the Above” (NOTA). If NOTA receives a majority of votes, an entirely new slate of candidates may be offered and a new vote taken, or that position shall go unfilled. Any Voting Member may choose a write-in candidate for any political office, LPWV office, delegation, or representative.
iii. Voting rights. In order to vote at the Convention, a Party member must have been a member at least six months registered libertarian on the WV Secretary of State voter rolls sixty (60) days prior to the date of the Convention; and, must have affirmed the Non-Agression Principle prior to any vote call.
Section 4. Special Meetings. Special meetings may be called by the President Chair or by the Executive Board Committee and shall be called upon the written request of twenty percent (20%) of the Voting Membership of the LPWV. The purpose of the meeting shall be stated in the call. Except in cases of emergency, at least seven days’ notice shall be given.
Section 5. Quorum. Twenty percent (20%) of the Voting Membership of the LPWV shall constitute a quorum.
Section 6. Meetings by Teleconference or Webinar.
i) Eligibility of meetings for teleconference or webinar.
Whereas, the opportunity for simultaneous visual and auditory communication is central to the principles of deliberative assembly;
Whereas, the small size of the Executive Board Committee mitigates the disadvantages of meeting remotely; and,
Whereas, the geographic distribution of Board Committee members may make frequent face-to-face meetings difficult and expensive; thus, only Board Regular Meetings may be held by teleconference or webinar, and only if the Board Committee has unanimously approved, via ballot, both the holding of such meetings, and the special rules for conducting these meetings, such rules to be approved by the Board Committee prior to the voting on whether to allow meetings by teleconference or webinar. All business conducted by telephone or webinar must be ratified at the next regular meeting of the LPWV.
ii) Quorum. All members A majority of the Board Committee shall constitute a quorum for meetings by teleconference or webinar.
The Executive Board Committee:
Section 1. Board Committee Composition. The officers of the LPWV, and three (3) At-Large Representatives elected at large, and any appointed Committee Directors shall constitute the Executive Board Committee.
Section 2. Representatives.
i) Representative terms. Each Representative shall be elected at the Convention Annual Meeting and will serve for a term of two years, beginning at the close of the Convention Annual Meeting at which he or she is elected, or until the end of the meeting at which his or her successor is elected.
ii) Vacancies. The Executive Board Committee shall appoint new Representatives if vacancies occur, such appointees to complete the term of the office vacated.
iii) Duties. The duties of Representatives shall be to assist the Officers in administering the affairs of the LPWV and to raise revenue for the LPWV.
Section 3. Board’s Committees Duties and Powers. The Executive Board Committee shall have general supervision of the affairs of the LPWV between its business meetings, fix the hour and place of meetings, make recommendations to the LPWV, and perform such other duties as are specified in these bylaws. The Board Committee shall be subject to the orders of the LPWV, and none of its acts shall conflict with action taken by the LPWV.
Section 4. Media Spokesperson. The Executive Board Committee shall elect, from among its members, one person to be the LPWV’s liaison with the press. No other member of the LPWV will speak with the press on behalf of the LPWV. This person shall serve for the length of his or her term on the Executive Board Committee, or until the Board Committee elects someone else to the position. In the event no one is appointed to this position, the default liaison shall be the Secretary of the LPWV.
Section 5. Financial Commitments.
i) Debts. The Executive Board Committee shall operate on the basis of cash on hand, and shall not operate on the basis of anticipated funds. Individual members who incur debt on behalf of the LPWV are individually and solely responsible for such debt.
ii) Contracts. The LPWV shall not enter into any contract lasting more than three (3) months, incur any expense in a non-budgeted category, or incur any expense in a budgeted category by more than twenty percent (20%) without a two-thirds vote of the entire Executive Board Committee. Anyone who incurs such liability without such approval shall be personally liable.
Section 6. Assumptions of Liability. The Executive Board Committee may approve any action that would result in the assumption of contractual obligations by the LPWV by 2/3rds vote. Any contracts that would cause the LPWV to assume, or to potentially assume more than $1000 in liability must be signed by the Chair and Treasurer of the LPWV. The LPWV shall not enter into any binding contract outside the scope of an approved action without 2/3rds vote for approval of the entire Executive Board Committee. Any contracts entered into or liabilities assumed on behalf of the LPWV that do not adhere to the bylaws of the LPWV shall result in the entirety of liability for such obligations resting solely with any individual(s) who entered into such contract.
Section 7. Board Committee meetings. Unless otherwise ordered by the Board Committee, regular meetings of the Executive Board Committee shall be held on the first Saturday of each month in conjunction with the Regular Meetings of the LPWV. Special meetings of the Board Committee may be called by the President Chair and shall be called upon the written request of two members of the Board Committee.
Section 8. Attendance. Any Board Committee member who fails to attend three consecutive LPWV meetings, including Board Committee meetings, regular meetings, conventions, and annual meetings, but excluding special meetings, shall forfeit that office. The rest of the Board Committee shall, at the third missed meeting, elect a replacement, who will complete the term of the office vacated. Note that if a Board Committee member fails to appear on a day when both a regular meeting and a Board Committee meeting are scheduled, two meetings are thereby missed.
Standing or special committees shall be appointed by the President Chair (except a Nominating Committee, which shall be elected by the membership) as the LPWV or the Executive Board Committee may deem necessary to carry on the work of the LPWV. The President Chair shall be ex officio a member of all committees, except a Nominating Committee.
Regional Affiliate Parties Regional Coordinators and County Contacts:
Section 1. Regions which shall be chartered Each of eight regions which may receive a charter for regional affiliate party shall consist of several counties. Regional Coordinators shall be appointed by the Chair and confirmed by a majority vote of the Executive Committee. The role of the Regional Coordinator shall be to act as a liaison between their respective County Coordinators and the Executive Committee, and to coordinate events, activities and outreach within their region. The regions shall be laid out thusly;
Northlands: Hancock, Brooke, Ohio, Marshall
Mountaineer Country: Wetzel, Monongalia, Marion, Taylor, Tucker, Preston, Harrison, Barber
Centralia: Lewis, Upshur, Randolph, Pocahontas, Gilmer, Webster, Braxton, Calhoun
Eastern Panhandle: Jefferson, Berkeley, Morgan, Mineral, Hampshire, Hardy, Grant, Pendleton
Ohio Valley: Tyler, Doddridge, Pleasants, Ritchie, Wood, Wirt, Jackson, Roane
Capital Metro: Kanawha, Clay, Fayette, Nicholas, Boone, Putnam
Southeast: Greenbrier, Monroe, Summers, Raleigh, Mercer, Wyoming, McDowell
Southwest: Mason, Cabell, Lincoln, Logan, Wayne, Mingo
Section 2. Management of Affiliate Parties. Affiliate parties must at all times abide by all laws, including but not limited to regulations of the state of West Virginia, the Internal Revenue Service (until such time as said agency is abolished), and the Federal Election Commission. Each affiliate party shall maintain a set of bylaws which shall include procedure for amending said bylaws. Bylaws of affiliate parties must also specify the procedure for electing or appointing officers to the affiliate party which shall include at least a chairperson and a treasurer. In such case as the affiliate party chooses to nominate candidates for elected office within its region, the procedure for the nomination of such candidates must also be stated in the bylaws of the affiliate.
Section 3. Chartering of Affiliate Parties. The Executive Board of the LPWV shall grant charter to affiliate parties within the state of West Virginia (based upon the regions set forth in Section 1 of this article) by 2/3rds vote. In order for such vote to take place, the chairperson of the proposed affiliate party must be present, and an official copy of the bylaws of the affiliate party to be chartered must be present and must be read by all sitting officers of the LPWV. All documentation (as is determined necessary by the Chairperson, the Secretary, and the Treasurer of the LPWV) of the existence of the affiliate party entity must be submitted in writing to the Chairperson, Secretary, and Treasurer of the LPWV no later than 1 week prior to the meeting of the Executive Board for such vote to take place. An affiliate party shall not be chartered in a region containing less than 25 voting members of the LPWV.
Section 4. Revocation of Affiliate Party Charter. An affiliate party’s charter may be revoked with cause by majority vote of the Executive Board of the LPWV. Such charter shall also be declared null and void upon the termination of the affiliate party entity or the failure of the affiliate party to have at least a chairperson and treasurer seated for a period greater than 2 weeks. Failure by the chairperson to respond to requests by the Executive Board of the LPWV within 4 weeks, given best effort by the Executive Board of the LPWV, shall be considered cause and shall trigger an automatic vote to revoke the charter of the affiliate party in question at the next regular meeting of the Executive Board of the LPWV. Failure to comply with Sections 2 or 5 of this article shall constitute cause for revocation and shall trigger an automatic vote to revoke the charter of the affiliate party in question at the next regular meeting of the Executive Board of the LPWV. An affiliate party’s charter may also be revoked without cause by unanimous vote of the entire Executive Board of the LPWV.
Section 5. Other Responsibilities of the Affiliate Party. The affiliate party shall be responsible for notifying, in writing, the Secretary of the LPWV in the event that the bylaws of the affiliate party are changed in any way, within 1 week of such change. The treasurer of the affiliate party shall send copies of any Federal Election Commission filings to the treasurer of the LPWV. The treasurer of the affiliate party shall, within 10 days, notify the treasurer of the LPWV of any contribution over $50 (subject to FEC regulations) received by the affiliate party, excluding normal dues payments. Any information requests by the Executive Board or any officer of the LPWV regarding the status or situation of affiliate parties shall be fulfilled within 4 weeks of receipt of such request as is necessary to ensure compliance. In such case as the affiliate party does not have a treasurer seated, the affiliate party shall neither make payments nor receive contributions during this time. The affiliate party shall be responsible for seating a treasurer within 2 weeks of the office becoming vacant in whatever method prescribed by the bylaws of the affiliate party. The chairperson of the affiliate party must maintain voting membership in good standing in the LPWV. It is furthermore the responsibility of the affiliate party to maintain adequate security procedures in order to protect the privacy of the membership of the affiliate party and to ensure the security of any information which may be shared with the affiliate party by the LPWV or by the LNC. The affiliate party shall comply with all security directives related to electronically stored data and records as set forth by the Information Technology Committee of the LPWV.
Section 1. Notice. Any member may give written permission to the Secretary or may elect during the membership signup process to receive correspondence, including calling of meetings and previous notice of motions, from the LPWV via electronic correspondence.
Website. The LPWV may maintain a website, managed by a webmaster to be appointed by the Executive Board. This website shall serve as a public countenance of the LPWV, as well as a resource for members. It may include a forum for members to discuss LPWV and other libertarian issues; announcements of LPWV meetings and other events; libertarian-related news; membership and contact information; bylaws; approved minutes; links to the site of the national Libertarian Party and to other libertarian sites as approved by the Executive Board; and other features as deemed appropriate by the Executive Board. No membership lists or other personal information shall be posted on the website without written permission of the members concerned, except on areas of the website accessible only to members of the LPWV.
Section 2. Regional affiliates may also nominate candidates for county and municipal offices within their region at the LPWV nominating convention. Candidates nominated by regional affiliates may be suspended for cause by 2/3 vote of the entire Executive Board of the LPWV or by the affiliate party.
Candidates for public office shall be chosen by majority vote at the LPWV Nominating Convention from among those nominated there. An LPWV candidate for public office must be a Voting Member of the LPWV, legally eligible to serve in the office, and willing to accept the nomination.
In cases such as the death, resignation, disqualification, or suspension of an LPWV nominee, offices for which no candidate is chosen at the convention, and circumstances such as special elections, redistricting, etc., requiring new candidates to be put forward, the Executive Board Committee shall be responsible for the selection of LPWV candidates.
A candidate’s nomination may be suspended for cause by 2/3 vote of the entire Executive Board Committee.
In the event that the LPWV is dissolved, all tangible assets shall be donated to the Libertarian Party.
Delegates to the Libertarian Regular National Convention:
Section 1. Eligibility. LPWV delegates to the Libertarian Regular National Convention shall be Voting Members of the LPWV and Sustaining Members of the (national) Libertarian Party.
Section 2. Election. LPWV delegates to the Libertarian Regular National Convention shall be elected by ballot at the February Regular Meeting Nominating Convention of the LPWV.
In cases such as the death, resignation, disqualification, or suspension of an LPWV nominee, if no delegate is chosen for an open seat at the convention, or to select alternate delegates, the Executive Board Committee shall be responsible for the selection of LPWV delegates to the National Convention.
NOTE: Per Libertarian National Bylaws adopted 2014: ARTICLE 5.3: "Sustaining Member" is any Party member who has given at least $25 to the Party in the prior twelve months, or who is a life member."
The rules contained in the current edition of Robert’s Rules of Order Newly Revised shall govern the LPWV in all cases to which they are applicable and in which they are not inconsistent with these bylaws and any special rules of order the LPWV may adopt.
Amendment of Bylaws:
These bylaws may be amended at any Regular Meeting of the LPWV by a two-thirds vote, provided that the amendment has been submitted in writing at the previous Regular Meeting, or that notice has been given to the membership at least thirty days in advance of the meeting at which the amendment is to be decided.
The Executive Committee may temporarily amend these bylaws by a majority vote, at any Regular Meeting or Special Meeting, for the betterment of the LPWV. These temporary amendments shall stand until the next Annual Meeting of the LPWV at which time the amendment will be presented to the attending membership for discussion, revision and adoption (standing any additional amendments made during said Annual Meeting).