CONSTITUTION
AND BYLAWS
OF
THE
MALIBU DEMOCRATIC CLUB
TABLE OF CONTENTS
MISSION
STATEMENT
ARTICLE
1 - POLICY AND GOALS
Section
1. General Policy Goals
Section
2. Consistent with Actions of CADEM & LACDP
Section
3. Chartered by LACDP
Section
4. Maintaining Communications with Elected Officials
ARTICLE
2 - GOVERNANCE
ARTICLE
3 - MEMBERSHIP
Section
1. Membership
Section
2. Membership Requirements
Section
3. Copy of Bylaws
Section
4. No Residency Requirement for Membership
Section
5. Non-Discrimination
Section
6. Membership Rules
ARTICLE
4 - MEMBERSHIP DUES
Section
1. Setting the Dues
Section
2. New Member Dues and Voting Rights
Section
3. Membership Renewal and Voting Rights
Section
4. Failure to Pay Dues
ARTICLE
5 - MEMBERSHIP MEETINGS
Section
1. Place and Time
Section
2. General Membership Meetings.
Section
3. Special Membership Meetings
Section
4. Notice of Membership Meetings
Section
5. Quorum
Section
6. Majority of Quorum Needed to Pass Motions
Section
7. Proxy Voting at Membership Meetings
Section
8. Membership Meetings in Emergency Circumstances
ARTICLE
6 - EVENTS
Section
1. Hosting and Sponsorship of Events.
Section
2. Expedited Action on Hosting or Sponsoring an Event
ARTICLE
7 - OFFICERS
Section
1: The Officers
Section
2. Holding More Than One Officer Position
Section
3. Officer Continuity / Filling Vacancies
Section
4. The Executive Committee
Section
5. The President
Section
6. The Vice Presidents
Section
7. The Secretary
Section
8. The Treasurer
Section
9. The Immediate Past President
Section
10. Urgent Presidential Decision or Action.
Section
11. Removal
of Officers
ARTICLE
8 - THE BOARD
Section
1. Board Composition
Section
2. Emeritus Board Members
Section
3. Board Continuity / Filling Vacancies
Section
4. Parliamentarian
Section
5. Legal Counsel
Section
6. Board Responsibilities and Powers
Section
7. Board Quorum
Section
8. Board Meetings
Section
9. Special Board Meetings
Section
10. Expedited Board Action & Decisions
Section
11. Board Compensation & Reimbursement
Section
12. Removal from the Board
ARTICLE
9 - EMERGENCY POWERS
ARTICLE
10 - AD HOC COMMITTEES
Section
1. Formation & Composition of Committees
Section
2. The Membership Committee
Section
3. The Finance and Audit Committee
ARTICLE
11 - BOARD & OFFICER NOMINATIONS
Section
1. The Nominating Committee
Section
2. Nomination Procedure
ARTICLE
12 - ELECTION OF BOARD MEMBERS AND OFFICERS
Section
1. Election of Board and Officers
Section
2. Voting Procedures.
ARTICLE
13 - ENDORSEMENTS
Section
1. Compliance with Bylaws of the California Democratic Party
Section
2. Endorsements of Candidates Running for Elected Government Office
Section
3. Delegates to the Democratic Party
Section
4. Endorsement of Ballot and Other Initiatives
Section
5. General Procedures & Guidelines for Endorsements
Section
6. Personal Endorsements
ARTICLE
14 - NOTICE & COMMUNICATIONS
ARTICLE
15 - CLUB RECORDS AND REPORTS
Section
1. Club Book and Records
Section
2. Inspection of Books and Records
ARTICLE
16 – AMENDMENTS TO THE BYLAWS
ARTICLE
17 - PARLIAMENTARY PROCEDURE
CONSTITUTION
AND BYLAWS OF
THE
MALIBU DEMOCRATIC CLUB
MISSION STATEMENT
The mission of the Malibu Democratic Club is:
·
To
inform, educate, encourage and inspire Malibu area residents to take an active
interest in politics and government;
·
To be
of service to Malibu Democrats, and the Malibu community;
·
To
support and empower our Malibu Democrats, Democratic candidates and Democratic
elected officials;
·
To
support and assist in the election of Democratic candidates to elected office;
·
To encourage voter
registration and the fullest possible participation of all Democratic voters.
·
To provide a forum
for the study and discussion of public issues.
·
To
bring Malibu closer to the Democratic Party, the Democratic Party closer to
Malibu, and give Malibu a greater voice within the Democratic Party at the
local, state and national levels;
·
To
foster the ideals and principles of the Democratic Party, including truth,
integrity, transparency and quality in government, and the vitality and
strength of our democratic system of government;
·
To
welcome and respect all Democrats in the Club;
·
To
foster a culture of mutual respect as well as lively debate on issues facing
Malibu, California, the country, and the Democratic Party;
·
To encourage
the highest degree of equality, justice, governmental transparency, and a
healthy environment.
·
Based
on this Mission Statement, we hereby establish ourselves as the Malibu Democratic Club (“the Club”).
ARTICLE 1
POLICY AND GOALS
Section 1. General Policy Goals
It shall be the policy of the Club in all its endeavors to
contribute to the growth and influence of the Democratic Party, to develop
leadership, to increase Party responsibility, and to promote and maintain
harmony within Club ranks and within the Democratic Party.
Section 2. Consistent with Actions
of CADEM & LACDP
The Club shall seek, in all its operations, to be consistent
with the actions of the Democratic Party, including being faithful to the
Bylaws of the California Democratic Party (CADEM) and the Los Angeles County
Democratic Party (LACDP).
Section 3. Chartered by LACDP
The Club shall be chartered by the Los Angeles County Democratic
Party.
Section 4. Maintaining
Communications with Elected Officials
The Club shall maintain communications with the elected
representatives of our area of Los Angeles County and adjoining areas for the
purpose of expressing our Democratic views and goals to them and to disseminate
information from those representatives to our members.
ARTICLE 2
GOVERNANCE
The Club shall be governed by its Members, Officers and Board,
as provided in this Constitution and these ByLaws.
ARTICLE 3
MEMBERSHIP
Section 1. Membership
All registered Democrats, and US citizens or permanent residents
who pledge to register as Democrats when allowed by age or citizenship
requirements or the elimination of any other legal impediment, shall be
eligible for Club membership. Upon completion of membership requirements,
a member shall have membership voting rights in accordance with Article 4 of
these bylaws, and shall be eligible to serve on the Board or hold other Club
Offices.
Section 2. Membership
Requirements
An eligible person becomes a member in good standing by completing
the Club membership form, paying the annual dues, and subscribing to the
policies and goals of the Club.
Section 3. Copy of Bylaws
Members shall be provided a copy of the Club Constitution and
Bylaws upon request. The copy can be provided electronically or online.
Section 4. No Residency
Requirement for Membership
There is no requirement that a Club member live in Malibu to be
a member of the Club.
Section 5. Non-Discrimination
The Club supports non-discrimination in membership, including
age, race, color, ethnicity, marital status, gender or gender identification,
sexual orientation, religion, creed, military or veteran status, physical or
mental ability, medical condition, pregnancy, economic status or any other
characteristic protected by federal, state or local laws.
Section 6. Membership Rules
Membership
rules shall be brought up-to-date for approval by the membership when ordered
by the Board.
ARTICLE 4
MEMBERSHIP DUES
Section 1. Setting the Dues
The amount of dues payable, the due dates and acceptable means
of payment shall be set by the Board, with the goal of keeping membership dues
as low as possible to encourage the broadest possible membership. Dues shall
be paid for the calendar year (January 1st to December 31st) unless
otherwise determined by the Board. Changes in annual Club dues shall be
reported to the membership 30 days before they take effect. The Board has the
authority to waive or reduce the dues/fees due to the economic hardship of a
member. Club dues must be paid from a member’s personal funds.
Section 2. New Member Dues and
Voting Rights
Membership dues for new members may be paid at any time, but in
order to vote for any candidate, endorsement, proposition or initiative or any
other matter put before the voters, dues must be paid by new members at least
30 days prior to the vote and out of their personal funds. Dues collected
in the last three (3) months of the fiscal year shall constitute payment for
the following fiscal year.
Section 3. Membership Renewal
and Voting Rights
Members in good standing through the immediate preceding
calendar year may renew their membership at any meeting requiring voting, and
may vote at that meeting.
Section 4. Failure to Pay
Dues
The membership of a person will become inactive if he or she
fails to pay annual dues.
ARTICLE 5
MEMBERSHIP MEETINGS
Section 1. Place and Time
All meetings of the membership and events provided for in this
Article, shall be held at the place and time designated by the Board. The
Board shall endeavor to have at least two (2) meetings or events (including fundraisers)
per year that are open to all Democrats.
Section 2. General
Membership Meetings
A General Membership Meeting is a meeting where the members are
convened to conduct the Club business, such as elections of Board members and
other matters where the Bylaws require reporting to, or a vote of, the
membership. General Membership Meetings can be called at any time by the
Board. A General Membership Meeting shall be held, at a minimum, every 2 years
to elect the Board and Officers.
Section 3. Special Membership
Meetings
Special meetings of the Club membership for any purpose
whatsoever may be called at any time by the President, the Board, or upon the
written notice of at least 4 members of the Board.
Section 4. Notice of Membership Meetings
Notice of membership
meetings shall be sent to the members at least fourteen (14) days in advance
when possible, and in any event, no less than seven (7) days in advance of
membership meetings. Notice shall be provided in accordance with Article 14 of
these Bylaws, on Notice and Communication. A tentative agenda should be sent to
all MDC members with the notice of the meeting.
Section 5. Quorum
A quorum for a Club membership meeting shall consist of twenty
(20%) percent of the total voting members, who shall be members in good
standing.
Section 6. Majority of Quorum
Needed to Pass Motions
After establishing that a quorum is present, a majority of the
qualified members present at a membership meeting shall be necessary for
passage of motions and/or resolutions, except as otherwise provided in these
bylaws, such as Art. 13 on Endorsements and Art. 16:5 on Amendments to the
Bylaws.
Section 7. Proxy Voting at
Membership Meetings
Proxy ballots, or voting by proxy, is not allowed at Club
membership meetings, except in the case of members with a proven illness or
disability that prevents mobility.
Section 8. Membership
Meetings in Emergency Circumstances
Pursuant to Article 9 of these Bylaws, in the event of a natural
or manmade disaster, or other community or national emergencies, the President,
the Officers or a majority of the Board shall have the power, as needed, to
convene membership meetings and hold elections, electronically or via any means
and medium that is workable, and which is designed to provide members
reasonable notice and opportunity to participate and/or vote under the
emergency circumstances.
ARTICLE 6
EVENTS
Section 1. Hosting and
Sponsorship of Events
The Board may, from time to time, hold or authorize events for
the benefit of the Club membership or the Malibu Community at large. The Club
can sponsor, co-sponsor, host, or co-host events that are consistent with the
bylaws, policies, guidelines, and ideals of the Club and the Democratic Party.
In deciding whether to host or co-host an event, the Board should consider the
purpose of the event, other sponsors or co-hosts, and how such sponsorship or
hosting will be viewed by the membership and the community at large, including
whether such action will be viewed as de facto endorsing a candidate or
initiative.
Section 2. Expedited Action on
Hosting or Sponsoring an Event
The decision to sponsor, co-sponsor, host, or co-host an event,
will generally be made by the Board. However, if a decision or action is
needed before the Board can be convened electronically or otherwise, the
President can make a decision on sponsoring or hosting an event, after which
the President shall promptly notify the Board. In making such a decision, the
President shall consider the factors listed in section 1 of this Article, as
well as any relevant previous decisions the Board. The President shall
endeavor to consult with one or more of the Club’s Officers, to the extent
possible, before making the decision.
ARTICLE 7
OFFICERS
Section 1. The Officers
The Officers shall be:
A.
President,
B.
Vice-Presidents
(a maximum of four, one to be designated as First Vice-President),
C.
Secretary,
D.
Treasurer
(and if necessary, an Assistant Treasurer), and
E.
Immediate
Past President.
The Officers are also members of the Board.
Section 2. Holding More Than
One Officer Position
An Officer can hold more than one office at the same time.
However, under no circumstances, can the President and Treasurer be the same
person.
Section 3. Officer Continuity
/ Filling Vacancies
If one of the Officer positions remains open after an Election,
or if one of the elected Officers steps down or passes away, the Board can fill
the vacancy until the next election at a General Membership Meeting. A new Officer
can be nominated at one Board meeting, and voted on at the next Board meeting.
If needed, the Board can appoint someone immediately to serve in an acting
capacity until the Board elects the new Officer.
Section 4. The Executive
Committee
The Officers together shall comprise the Executive Committee
with the responsibility of coordinating the activities of the Club and shall
meet at the call of the President or the President's designee.
Section 5. The President
The President shall preside over meetings, and shall be a voting
member of any Club Committee. The President, with the help of the
Officers, the Board and any Committees, is responsible for setting the overall
direction of the Club, implementing Club policies and programs, and ensuring
that the Club fulfills its responsibilities.
Section 6. The Vice Presidents
The Vice-Presidents shall be responsible for assisting the
President and take a leadership role in selected Board Committees.
The First Vice President will preside over meetings when the President is
absent. If the President is unable to serve, the Vice President as
chosen by the Board will serve as President.
Section 7. The Secretary
The Secretary shall be responsible for taking minutes of all
Membership and Board meetings, and distributing said minutes of the Board
in a timely manner. The Secretary shall also execute, when directed by the
President, the correspondence of the Club. The Secretary shall have primary
responsibility for keeping the official records of the Club, in accordance with
Article 15 of these Bylaws.
Section 8. The Treasurer
The Treasurer, and the Assistant Treasurer if so designated,
shall receive and disburse funds, including the payment of Club obligations,
under the direction of the President and the Board. Expenditures above
the amount of $250 must be authorized by two Officers. All disbursements must
be authorized and all supporting invoices or receipts kept. It is the duty of
the Treasurer to comply with all the local, state and federal reporting
laws. The Treasurer shall provide the Board, at a minimum, quarterly
and annual Financial Statements, which show the Club’s Balance Sheet, Cash
Flow, Income & Disbursements, Contributions Received and Memberships. At General
Membership Business Meetings, the Treasurer will present a current Financial
Report on the Club to the members. The Treasurer will keep the financial
records of the Club, and provide copies to the Secretary, in accordance with
Article 15 of these Bylaws. The Treasurer shall be a member of any Ad Hoc Fundraising
Committees formed by the Board.
Section 9. The Immediate Past
President
The Immediate Past President shall advise the President on
matters important to the Club and participate in Board meetings and the annual
membership meeting.
Section 10. Urgent Presidential Decision
or Action
When a Club decision or action is needed faster than an
expedited Board decision can be taken pursuant Article 8:10, on Expedited Board
Action, the President can take action on behalf of the Board. In such
situations, the President shall make his or her best effort to consult with at
least one of the Officers before taking a decision. The President will
endeavor to make a decision that is consistent with Club Bylaws and policies,
as well as any previous relevant Board decisions. The President shall inform
the Board of the decision immediately if possible, but in any event, as soon
afterwards as possible. The decision and/or action shall also be reported and
recorded in the minutes of the next Board meeting.
Section 11. Removal of Officer
An Officer may be removed, by a vote of two-thirds (2/3) of the
Board, for illegal or unethical conduct; conduct in violation of LACDP or Club
policies against discrimination, harassment or violence; or other serious
violations of the Club Bylaws. An Officer may also be removed by a vote of 2/3
of the Board, following three (3) or more consecutive, unexcused absences from
Board meetings, or six (6) unexcused absences from Board meetings within a
12-month period. The Officer shall be provided the opportunity to present a
defense or explanation.
ARTICLE 8
THE BOARD
Section 1. Board Composition
The Board shall consist of up to 20 full members of the Club,
including the elected Officers.
Section 2. Emeritus Board
Members
Board members who have served on the Board for a number of years
and as a result of age or handicap may be given the status of Emeritus Board
Member by a vote of the Board.
Section. 3. Board Continuity /
Filling Vacancies
The Board shall be empowered to fill vacancies and/or appoint
additional members until the next election at a General Membership Meeting.
The filling of all vacancies or the adding of Board members shall be
proposed at one Board meeting and completed at the next Board meeting. The
Board can elect Acting Board members immediately, if needed.
Section 4. Parliamentarian
A Board Member or Club Member can be designated by the
President, with the consent of the Board to serve as Parliamentarian, with the
duties of interpreting the Club's Charter, Constitution and Bylaws, and
Robert’s Rules of Order, to ensure the activities of the Club are in keeping
with both the spirit and meaning of these documents and to provide guidance in
these matters.
Section 5. Legal Counsel
A Board Member or Club Member can be designated by the
President, with the consent of the Board, to serve as Legal Counsel. This
position can be in addition to, or in the alternative to, the Parliamentarian.
The person appointed as Counsel shall be a volunteer who is a lawyer. The
Counsel shall inform and advise the Board, as requested, on legal and regulatory
issues that arise, including but not limited to general legal questions; FEC
and California Election regulations; tax requirements if any; the Club’s
Charter, Constitution and Bylaws; LACDP rules and Bylaws, CADEM Rules and
Bylaws, and Robert’s Rules of Order. The Counsel is not expected to provide
definitive legal advice in his or her capacity as a lawyer. Rather the
Counsel’s role is simply to provide information related to laws and regulations
as they may apply to the Club or Club activities.
Section 6. Board
Responsibilities and Powers
a. General Duties. The Board,
with the President, is responsible for governing the Club. Among other things,
the Board sets Club policy, and aids the President in planning the direction of
the Club, organizing Club meetings and activities, and carries out the duties
set forth in the Constitution and Bylaws.
b. Financial Oversight. The
Board oversees the finances of the Club. The Board may, as needed, order a
review of the books by the Finance and Audit Committee, or order an audit by an
independent accounting firm or CPA.
c. The Board may affiliate
the Club with such other Democratic Party organizations as seem appropriate and
desirable.
d. The Board shall select the
delegates and alternative delegates, to which the Club is entitled, to the
organizations with which the Club is affiliated, such as the LACDP
Pre-Endorsement Conference regarding nominees for statewide offices. Those delegates and
alternate delegates selected shall be Club members in good standing. The
President shall fill delegate vacancies from the alternates and appoint new
alternates.
Section 7. Board Quorum
A majority of members of the Board at a duly constituted meeting
shall constitute a quorum. No proxies shall be allowed. For the purpose of
establishing a quorum, telephonic/or Skype/Facetime/Go-to-Meeting or electronic
attendance is authorized.
Section 8. Board Meetings
The Board must meet a minimum of four (4) times per calendar
year for the purpose of planning and directing the policies of the Club and
implementing the policies. Board Meetings can be held in person, or via
video or audio Conference Call. During election years, the Board should strive
to meet monthly. Members of the Board should be notified of the time and place
of each Board meeting at least five (5)
days in advance and a preliminary agenda should be provided. Board
meetings may be for Board members only, or be or open to all members and/or the
public, as determined by the President.
Section 9. Special Board
Meetings
Special meetings of the Board for any purpose whatsoever may be
called at any time by the President or upon request from five members of the
Board. Special Meetings can be held in person, or via video or audio
Conference Call.
Section 10. Expedited Board Action
& Decisions
When Board action or a Board decision is needed before a duly
called meeting can be convened, the President or other Board Member authorized
by the President, may submit an item for immediate or expedited Board
consideration via phone, email, text or other reliable electronic means. In
such situations, Board members can submit their vote to the President, or other
Board member designated by the President, by voice call, email, text, or other
reliable electronic means. When possible, Board members shall be provided no
less than five (5) days to respond and vote. Alternatively, when
possible, an emergency meeting can be held by video or audio conference call.
A minimum of fifty percent (50%) of members responding will be considered a
quorum for this purpose. A minimum of two-thirds (2/3) of those
responding must be in support of the proposed action for it to be adopted. Expedited
decisions and action shall be reported, and recorded in the minutes, of the
next regular Board meeting.
Section 11. Board Compensation
& Reimbursement
All Board members shall serve without compensation. However,
Board members can be reimbursed for out-of-pocket expenses incurred on behalf
of the Club that have been approved by the Board, or by both the President and
Treasurer.
Section 12. Removal from
the Board
Any member of the Board may be removed, by a vote of 2/3 of the
Board, for illegal or unethical conduct; conduct in violation of LACDP or Club
policies against discrimination, harassment or violence; or other serious violations
of the Club Bylaws. A member may also be removed by a vote of two-thirds (2/3)
of the Board following three (3) or more unexcused, consecutive absences from
Board meetings, or six (6) unexcused absences from Board meetings within a
12-month period. The Board member shall be provided the opportunity to present
a defense or explanation.
ARTICLE 9
EMERGENCY POWERS
Notwithstanding other provisions in these Bylaws, in the event
of a natural or manmade disaster, or other national or community emergencies,
the President, the Officers or a majority of the Board shall have the power, as
needed, to convene Board or Membership meetings, to hold elections, and to take
any other action needed to maintain the operations and viability of the Club.
Such actions should seek to adhere to the underlying principles embodied in
this Bylaws, and those of the LACDP. Membership and Board meetings can be
convened, and elections held, electronically, or via any medium or means that
is workable, and which is designed to provide the members reasonable notice and
a reasonable opportunity to participate and/or vote under the emergency
circumstances. The Board will inform, and confer with, the LACDP on emergency
measures whenever possible.
ARTICLE 10
AD HOC COMMITTEES
Section 1. Formation &
Composition of Committees
The Board may form ad hoc committees at any time, to
assist the Board in carrying out Club activities and responsibilities.
Committees, other than the Finance & Audit Committee, will consist of at
least one Board member. Committees may include non-Board members who wish to
be active for a limited time, or on limited issues. The Chair of an Ad Hoc
Committee need not be a Board Member, but must be approved by the Board.
Committees that can further Club activities and responsibilities
include, but are not limited to:
A. Membership Committee
B. Finance and Audit
Committee
C. Fundraising Committee
D. Events Committee
F. Newsletter and Brochures Committee
G. Voter Registration Committee
H. GOTV Committee
I. Issues, Endorsements, and Legislative
Committee
J. Communications Committee
K. Young Democrats Outreach Committee
L. Bylaws Committee
Section 2. The Membership
Committee
The Membership Committee shall be responsible for (1) updating the
lists of Club members, former members and email recipients; (2) securing and
keeping lists of registered Democrats in Malibu and surrounding areas; (3)
membership drives, including membership renewal drives for current and former
members; (4) programs for increasing membership in the Club; and (5) becoming
familiar with and observing California laws and LACDP rules regarding handling
voter data so as to safeguard the privacy and confidentiality of private voter
and member information to which the Club is given access.
Section 3. The Finance and Audit
Committee
The Finance & Audit Committee will consist of a minimum of
two members of the Board (not including the Treasurer for audit purposes), and two non-Board members
appointed by the Board. The Finance & Audit Committee will prepare an
annual budget for the Club for the fiscal year and will audit the Club bank
statements and copies of all checks periodically to determine how the Club has
spent funds over the past year or years.
ARTICLE 11
BOARD & OFFICER
NOMINATIONS
Section 1. The Nominating
Committee
The Board shall select a Nominating Committee composed of three
(3) members, one of whom may be a past President of the Club, if available.
The current President shall not be a member of the Committee. The
Nominating Committee shall present a slate of Club Officers and
Board members for vote by the Club membership at the Annual Meeting.
Section 2. Nomination Procedure
Candidates appearing on the ballot will be those recommended by
the Nominating Committee in accordance with the Bylaws. Nominees for
each position may be added by written petition, signed by at least two (2) Club
members (a nominator and a second), and submitted in writing to the Nominating
Committee at least ten (10) days prior to the Annual Meeting. Nominees for
each position may also be added from the floor as write-in candidates, if such
nominee has the written support to become a Board member of at least five (5)
Club members present at the meeting, and if such nominee has been a Club member
for at least one (1) year.
ARTICLE 12
ELECTION OF BOARD MEMBERS AND
OFFICERS
Section 1. Election of Board
and Officers
The Board Members and Officers shall be elected at the first
membership meeting of the calendar year and shall hold office for 2 (two) years
or until they resign, pass away, are voted off the Board, or otherwise a
successor is installed.
Section 2. Voting Procedures
Board members and Officers shall be elected by a majority of the
qualified members present at a regular Club membership meeting where a quorum
is present. Voting for Club Officers and Board members will be conducted by
secret ballot, following the procedures set forth below. This process may be
suspended by a unanimous vote of Club members present, and substituted with a
vote of acclimation for the slate of Officers and Board Members recommended by
the Nominating Committee, where the Committee has recommended no more
nominations than slots available for a position.
a.
All
elections should be done by pre-printed ballots, the total number limited to
the number of Club members eligible to vote and present at the meeting. Each member in good standing
shall be entitled to one vote.
b.
Proxy
ballots, or voting by proxy, is not allowed, except in the case of members with
a proven illness or disability that prevents mobility.
c.
There
should be a minimum of two (2) counters, who if possible shall not
be current members of, or candidates for, the Board. Another person, who is
not a candidate for the Board, will oversee the voting process (“the
Overseer”).
d.
Votes must be tallied on
tally sheets for each counter. Upon completing each count, each counter
must immediately record the number of votes counted on a tally sheet. Each
counter must count all the ballots and each counter must certify as accurate
the total number of ballots counted and the totals for each candidate.
e.
A
general tally must be made by adding the votes on each counter's tally.
f.
All
counters and the Overseer must sign the final comprehensive tally.
g.
There
must be two (2) copies of the final comprehensive tally, one provided to the
Club President, and one to the Club Secretary.
h.
The
election results shall be announced after all the votes have been tallied.
i.
The
newly elected Officers and Board members shall take office at the next Board
meeting, which will be held no later than thirty (30) days after the General
Membership Meeting where they were elected.
j.
Retiring
Board members shall turn over files and duties to their successors at or before
that next Board meeting.
k.
The
Secretary of the Club shall keep the ballots, and the final comprehensive vote
tally, for one (1) year, in a manner designed to protect the confidentiality
and privacy of the individual ballots.
l.
Any
challenge to an election of a Board member or Officer must be noted during the
meeting at which the election occurred, unless information emerges subsequently
establishing fraud. If a challenge is noted, the Board can either re-count the
ballots, check the validity of any challenged voter or ballot, or direct that
the election or any part thereof be reconducted.
m.
Consistent
with Article 9 of these Bylaws, in the event of a natural or manmade disaster
or emergency, where in-person meetings and voting are not possible or advisable,
elections can be held and voting done electronically, or via any medium or means that is workable
under the circumstances. Such elections and voting shall be done in a manner
consistent with any guidance from the Los Angeles County Democratic Party and
designed to protect the integrity and privacy of the voting process.
ARTICLE 13
ENDORSEMENTS
Section 1. Compliance with Bylaws
of the California Democratic Party
Endorsements officially sanctioned by the Club must be made in
accordance with these Bylaws and the Bylaws of the California Democratic Party.
Club endorsements for candidates for public office shall be given only to
registered Democrats whose registration is confirmed prior to the endorsement
meeting. The endorsement of non-Democrats in any race or the financial support
of non-Democrats is prohibited.
Section 2. Endorsements of
Candidates Running for Elected Government Office.
A.
When
a Democrat Is Running Against Candidates From Other Parties. Consistent with the
missions of the Democratic Party and the Club to support and assist the
election of Democratic candidates, the Club can endorse Democratic Candidates
running for elected government office when no other Democrat is running in the
race, or no more Democrats are running in a race than seats open in that race, when
supported by a vote of two-thirds (2/3) of the Board.
B.
When
Democrats Are Running Against Other Democrats. Except as provided in
Article 13:C below, the Club can endorse a candidate election when Democrats are running against other Democrats, at a duly convened membership meeting, with a quorum present, where a candidate receives by ballot voting, the support of two-thirds (2/3) of the voting members are present. Whether a candidate is endorsed or not, the Club can provide the voters information on the candidates and candidate events, and provide opportunities for the voters to meet the candidates.
C. Malibu City Council Elections. The Club will not
endorse candidates in Malibu City Council elections.
Section 3. Endorsements of Delegates
to the Democratic Party
The Club can endorse candidates for delegates, or slates of
delegate candidates, to the organizations with which the Club is affiliated,
such as the CADEM or the LACDP, with a vote of two-thirds (2/3) of the Board,
at a Board meeting open to active members. When possible, the members will be notified
at least a week in advance of the Board meeting.
The Club representatives to the CADEM’s Pre-Endorsement
Conferences shall be selected by a majority vote of the Board. Such
representatives must be registered members in good standing of the California
Democratic Party.
Section 4. Endorsement of Ballot
and Other Initiatives
The Club will endeavor to get information to its members on
ballot and other initiatives, including information and positions of CADEM, the
LACDP and neighboring Democratic Clubs. The Club can endorse or oppose a
ballot or other initiative, after a duly convened, general membership meeting
with a quorum present and the support of sixty percent (60%) of the voting Club
members present. Where appropriate and in the interest of Democrats in Malibu,
the Club can support a position on an initiative that may be different than
that endorsed by the State or regional Democratic parties.
Section 5. General Procedures
& Guidelines for Endorsements
The Board shall offer all candidates, or proponents for and
against an initiative, the opportunity to meet with the Board and/or members,
as applicable, before voting to endorse any candidate or initiative. Candidates
seeking endorsement and their representatives shall not be present at the vote.
Section 6. Personal Endorsements
Board Members and Officers may personally support or endorse
candidates and initiatives, but must make it clear that they are acting in
their individual capacity, and not as a representative of the Club.
ARTICLE 14
NOTICE &
COMMUNICATIONS
Except as otherwise expressly provided in these Bylaws, any
notice or communication required to be provided to the Board or its members in
these Bylaws, can be made by first-class mail, phone, email, text or other
widely used electronic means that directly notifies each member. Information,
or materials provided to the Board or its members may also be provided by
either by first-class mail, or electronically, including by email; by posting
such materials on the Club website with notice directly to the members regarding
where they can view the materials online; or by other reasonable and widely
accepted electronic means.
ARTICLE 15
CLUB RECORDS AND REPORTS
Section 1. Club Book and
Records
The Club shall maintain adequate and correct accounts, books and
records of its activities. The Club Secretary shall keep all official records
of the Club, including but not limited to the Club Charter, Meeting Agendas
& Minutes, Treasurer’s reports, FEC and tax returns, and formal reports of
the Officers and Committees. Club financial records and accounts shall be kept
by the Treasurer. The Treasurer shall
provide copies of all financial reports and returns to the Secretary.
Section 2. Inspection of Books
and Records
Such books and records shall be open to inspection by
Club officers and members in good standing at all times for purposes
approved by the Board upon giving of reasonable notice before such inspection.
ARTICLE 16
AMENDMENTS TO THE BYLAWS
Section 1.
Amendments to the Bylaws may be initiated by the Board or by
written petition signed by ten percent (10%) of the Club members eligible to
vote.
Section 2.
The Board shall consider any such petition and make a
recommendation at the next Club general membership meeting following receipt of
the petition.
Section 3.
Written notice of any proposed amendment(s) shall be given to
the Club membership at least fourteen (14) days prior to any membership
consideration.
Section 4.
Discussion of changes, amendments, revisions and review will
occur at the membership meeting prior to any consideration and vote.
Section 5.
A majority vote of an established quorum of qualified Club
members shall be necessary for passage of Bylaws amendments and revisions
recommended by the Board, and those not recommended by the Board will require a
two-thirds vote in favor.
ARTICLE 17
PARLIAMENTARY PROCEDURE
All proceedings not covered by this Constitution and Bylaws
shall be governed by the latest edition of Roberts Rules of Order.
Adopted
by the Malibu Democratic Club membership on March 21, 2021.
