CHEROKEE COUNTY DEMOCRATIC COMMITTEE
BYLAWS
INDEX
Article I. Name
Article II. Governing Authority, Structure and Duties
Article III. Membership, Committee Districts, and Election of Postholders
Article IV. Election of Officers of the County Committee
Article V. Election of State Committee Members
Article VI. Vacancies of Postholders, Officers, and State Committee Members During Term
Article VII. Removal of Postholders, Officers, and State Committee Members
Article VIII. Executive Committee Functions, Records, and Certification
Article IX. Meetings and Voting
Article X. Committees
Article XI. General Provisions
Article XII. Amendments
Article XIII. Compliance with State and National Charters and Bylaws
ARTICLE I
Name
1.1 The name of this organization is the Cherokee County Democratic Committee.
ARTICLE II
Governing Authority, Structure, and Duties
2.1 The Cherokee County Democratic Committee shall be the governing authority of the Democratic Party in Cherokee County.
2.2 Duties of the County Committee shall be:
- To promote development of the Democratic Party organizations and activities,
- To seek and encourage qualified candidates to run for public office,
- To support Democratic candidates running for public office,
- To perform such primary and election functions as required by law,
- To maintain appropriate records,
- To promote and add logistical support to the State Affirmative Action Program,
- To perform such other duties as may be required by the State Committee,
- To elect State Committee Members,
- To determine Party Districts and Apportionment
- To perform such other duties as may be deemed prudent and consistent with provisions herein,
- To raise funds for the purposes listed herein.
2.3 Structure
The Cherokee County Democratic Party is comprised of:
- Membership
- Cherokee County Democratic Committee
- Postholders
- Executive Committee
2.4 The County Committee shall comply with provisions set forth in the Democratic Party of Georgia Charters and Bylaws, including but not limited to Bylaws Article VII: County Committees, and each section and subsection listed therein.
ARTICLE III
Membership, Committee Districts, and Election of Postholders
3.1 Membership
3.1.1 Any person of at least eighteen (18) years of age who resides in and is registered to vote in Cherokee County and who shall declare to be a member of the Democratic Party shall be entitled to membership in the Cherokee County Democratic Party.
3.1.2 Dues shall be set by the County Committee; no member will be denied participation for failure to pay.
3.1.3 All members of the Cherokee County Democratic Party may participate in the meetings.
3.2 Committee Districts
3.2.1 The County Committee shall have four (4) Postholder Districts coinciding with County Commission districts, and a fifth district, designated “At-Large.” Each District shall be represented in the County Committee by up to eight (8) Postholders elected from that District.
3.3 Election of Postholders
3.3.1 All Postholders shall be elected by party district caucus within forty-five (45) days following the General Primary.
3.3.2 One-half of the Postholders shall be elected in gubernatorial election years, and one-half shall be elected in presidential election years. Newly elected Postholders shall take office on the first day of the first month after their election, and shall serve for four (4) years, unless affected by reapportionment.
3.3.3 Cherokee County Democratic Party members who reside in a particular District shall be eligible to caucus and vote for Postholder candidates from that District. At-Large Postholders shall be elected by the entire party caucus.
3.3.4 Any member of the Cherokee County Democratic Party is eligible to be elected as a Postholder.
3.3.5 Any person who wishes to be elected as a Postholder is required to sign and submit to the Executive Committee the following written statement:
“I declare that I am at least 18 years of age, that I reside in and am registered to vote in Cherokee County, and that I am a Democrat.”
3.3.6 The candidates receiving the highest number of votes shall be elected. In the case of a tie vote, the County Committee shall hold a run-off election.
3.3.7 The county’s supervisor of elections shall be given the list of Postholders, which district each represents, and when their terms expire.
3.3.8 Notice of the Postholder election shall be given a minimum of ten (10) days prior to the election through the County Committee’s newsletter.
3.3.9 Only Postholders may make motions and vote on motions, as Postholders are the official representatives of the County Committee.
ARTICLE IV
Executive Committee Elections
4.1 The Postholders shall elect from its membership a Chair, two or more Vice-Chairs, a Secretary, and a Treasurer.
4.1.1 When feasible, at least one of the Vice-Chairs shall be of the opposite gender of the Chair.
4.1.2 The person receiving the majority of votes for election to an office shall be declared elected.
4.1.3 The Postholders shall elect the Officers no later than December 31st of even-numbered years.
4.1.4 Notice of the election shall be given a minimum of ten (10) days prior to the election through the County Committee’s newsletter.
4.2 Officers will take office immediately following the election. Immediately upon taking office, the new Chair shall notify the State Committee Chair, the appropriate Congressional District Chair, and the County Supervisor of Elections, of the names of the new Officers.
4.3 Officers shall serve two-year terms.
4.4 The Executive Committee shall consist of the Officers and it shall act on behalf of the County Committee between meetings.
4.5 All County Committee reports, records, and files must be turned over to newly elected Officers within ten (10) days of election.
ARTICLE V
Election of State Committee Members
5.1 The Postholders shall elect State Committee Members from who represent the County Committee at meetings of the State Committee. State guidelines mandate that the party work in good faith to elect a diverse group based on gender and race. State Committee Members shall be elected by the members of the County Committee. Election of State Committee Members is determined by Article II of the Democratic Party of Georgia bylaws.
5.2 State Committee meetings are held several times a year and require non-reimbursable travel. State Committee Members vote for Officers of the State Democratic Party, state by-law changes, state district chairs, and may be asked to work on state sub-committees.
5.3 State Committee Members shall serve four-year terms.
5.4 The Democratic Party of Georgia mandates all candidates for the State Committee must sign the affidavit attached to these By-Laws as Exhibit A.
5.5 Election of State Committee Members shall be set by the State Chair for a date subsequent to regular gubernatorial election.
5.6 Immediately upon taking office, the County Chair shall notify the State Chair and the appropriate Congressional District Chair, and the County Supervisor of Elections of the names, mailing addresses, email addresses, and phone numbers of the new state committee member(s).
5.7 A person does not have to be a Postholder to be elected to the State Committee.
5.8 Election of the State Committee Members may be conducted at either a regular meeting of the County Committee or a meeting called for this purpose
5.9 The County Committee should elect the number of State Committee Members allotted to the county. Postholders must make an effort to ensure there is racial and gender diversity among the State Committee Members elected.
5.10 All votes shall be by signed paper ballot, open electronic method, or by acclamation.
5.11 The candidate receiving the most votes shall be seated first. When feasible and under appropriate circumstances, the candidate of the opposite gender receiving the most votes shall be seated second. This shall continue until all allotted State Committee positions are filled. If there is not a candidate of appropriate gender, or if it is not feasible and under appropriate circumstances to alternate genders, the pertinent positions shall be filled by the candidate with the next highest number of votes.
5.12 Following the election, the County Chair shall certify to the State Chair the names, mailing addresses, e-mail addresses, and phone numbers of those persons elected State Committee Members and shall file their candidacy affidavits with the Congressional District Chair.
Article VI
Vacancies of Postholders, Officers, and State Committee Members During Term
6.1 All vacancies of Postholders or Officers of the Executive Committee shall be filled by election by the remaining Postholders voting, provided at least three such members remain.
6.2 Notice of the election shall be given a minimum of ten (10) days prior to the election through the County Committee’s newsletter.
6.3 Those elected will each fill the unexpired term of the position being filled.
6.4 The County Chair shall call a special election to fill any vacancy of a State Committee member in accordance with Article II, Section 7 of the State Bylaws. No vacancy for State Committee Member may be filled by appointment.
ARTICLE VII
Removal of Postholders, Officers, and State Committee Members
7.1 Postholders and Officers may be removed by the County Committee for cause(s), with written notice, and with the opportunity to be heard, by a 2/3 vote of the Postholders present, provided 40% quorum is met. Any person subject to removal shall receive written notice of the alleged reasons for removal.
7.2 Causes for removal of Postholders shall include failure to meet eligibility requirements, failure to perform the duties in the Postholder Position Guide or public disclaimer of affiliation with the Democratic Party.
7.3 Causes for removal of Officers shall include failure to perform the duties of office, intentional misrepresentation of the policies of the Party, or public disclaimer of affiliation with the Democratic Party.
7.4 Causes for removal of State Committee Members shall include failure to meet eligibility requirements, failure to perform the designated duties of office or public disclaimer of affiliation with the Democratic Party.
7.4.1 State Committee Members may be removed for cause by a ⅔ vote of the State Committee provided there is 50% quorum, or in accordance with Article II, section 8 of the Democratic Party of Georgia by laws.
7.5 The removal procedure shall be conducted by a committee appointed by the County Chair. Where the County Chair is the subject of the removal procedure, the committee shall be appointed by a majority of the other Executive Committee.
7.6 The person subject to removal shall have the right to be informed of all persons who will be witnesses against them and who will testify in support of the charges against them, at least ten (10) days before a hearing on said charges before the full County Committee.
7.7 The person subject to removal shall have the right to counsel and to present all witnesses, documents and arguments in support of their position. The subcommittee which has tendered the charges may likewise have counsel and present witnesses, documents, and arguments in support of its position.
7.8 The vitality and effectiveness of the County Committee depends on the active participation of its members. Postholders missing four (4) consecutive meetings may be cause for removal.
ARTICLE VIII
Executive Committee Functions, Records, and Certification
8.1 The Executive Committee shall maintain records of all financial transactions and a list of unpaid obligations, kept on a calendar-year basis. Financial records shall be audited for each year by an Audit Committee appointed by the Executive Committee. The Audit Committee shall be composed of three or more members, at least one of whom is not an officer. The audit will be completed with a report provided to the Executive Committee no later than the March meeting in the following calendar year.
8.2 The Executive Committee shall make regular reports to the County Committee at all business meetings. The Executive Committee shall also submit an annual Certification Report to the State Party.
8.3 The County Committee shall maintain records of information to be filed with the State Chair.
8.4 The County Committee shall file with the State Chair a list of membership, all rules, regulations, bylaws, and charters of affiliates, an annual report of activities or minutes, the location and signatories of Committee bank accounts, and certification by the County Committee Chair that the Committee, duly constituted and organized, is following sound financial operating procedures.
ARTICLE IX
Meetings and Voting
9.1 The County Committee shall meet at least once monthly. The County Chair may call special meetings. When meetings are not held at a previously designated time and place, all Postholders shall be provided ten (10) days advance notice.
9.2 Emergency Meetings may be called by the Executive Committee with two (2) days’ notice.
9.3 A quorum for conduct of County Committee business shall be a minimum of 50% of Postholders.
9.4 At County Committee meetings only Postholders are entitled to vote. No person shall be entitled to more than one vote.
9.5 All meetings of the County Committee shall be open to the public, except when the Executive Committee votes to go into Executive Session.
9.6 Unless otherwise provided for, Robert’s Rules of Order, most recently revised, shall govern the conduct of all meetings.
ARTICLE X
Committees
10.1 The County Chair may establish any committee deemed necessary, with the approval of the Executive Committee.
10.2 The County Committee shall provide for a Diversity, Equity, and Inclusion Committee.
10.3 All members of any committees, elected or appointed at any time, shall serve at the pleasure of the County Committee. The Chair or designee shall serve as an ex officio member of all committees with voice, but no vote.
10.4 Members of committees need not be Postholders.
ARTICLE XI
General Provisions
11.1 There shall be no discrimination in the conduct of County Committee affairs on the basis of age, disability, genetic information, national origin, pregnancy, race/color, ethnicity, religion, gender, gender identity, nor sexual orientation.
11.2 Any County Committee contributions to a candidate for public office shall be accompanied by a cover letter which shall state in substance, “This contribution is made on the express condition that, after election, you remain a member of the Democratic Party. Your acceptance and/or use of this contribution are your acknowledgement and contract that, should you win election, if at any time prior to the end of your term you change parties or leave the Democratic Party, you will reimburse these amounts.”
11.3 The County Committee shall seek reimbursement of any contribution, whether real or in-kind, made to a candidate who qualifies for office as a Democrat and, after qualification, switches to another party.
11.4 The County Committee may recognize and allow affiliation of such county organizations as it deems appropriate.
ARTICLE XII
Amendments
12.1 These Bylaws may be amended at any County Committee meeting where quorum is met, by a 2/3 vote of those Postholders present, provided at least thirty (30) days written notice of said amendments has been provided to all Postholders.
ARTICLE XIII
Compliance with State and National Charters and Bylaws
13.1 These Bylaws are intended to comply with the Charters and Bylaws of the National Democratic Party and the Democratic Party of Georgia. Wherever a conflict may arise, provisions of the National and State bylaws will govern, in that order.
ADDENDUM
Exhibit A
5.4 All persons desiring to be candidates for the State Committee must sign the affidavit attached to these Bylaws as Exhibit A.
“I am a resident and registered voter in Cherokee County, GA. I hereby make an application to be an elected member of the Democratic Party of Georgia State Committee. I believe in the goals of the Democratic Party of Georgia, am not a member of any other political party or body (as defined in the Georgia Election Code), and am not affiliated with any political group whose ideals, goals, and methods are incompatible with that of the Democratic Party of Georgia (as identified by the Executive Committee of the Democratic Party of Georgia).
Applicant _______________________________________
Address ________________________________________
Telephone _______________________________________
Email ___________________________________________
