By-Laws

By-Laws of the Constitution Party of New York

Structured By-Laws Detailing Organizational Procedures, Definitions, and Legal Compliance

Preamble and Definitions

The following by-laws govern the organization, operations, and procedures of the Constitution Party of New York (“the Party”). These by-laws are designed to promote transparency, efficiency, and full compliance with all applicable laws. For clarity, the following key terms are defined:

  • Permanent Party Status: Status achieved when the Party’s candidate for governor or president receives at least 2% of all votes cast for the office, or 130,000 votes, whichever is greater, in the most recent election, pursuant to New York State Election Law.
  • County Affiliate: The single officially recognized Party organization in a county, granted status by the State Executive Committee, responsible for local operations, compliance, and representation.
  • Credentials Committee: A committee appointed by the State Chairman with Executive Committee approval, responsible for validating proxies, reviewing membership status, and verifying delegate credentials.
  • Organized County: A county with an officially recognized county affiliate, duly chartered, with elected officers, an established bank account, and compliance with Party and State Committee requirements.
  • Member in Good Standing: A Party member who is a registered voter declaring Party affiliation, has paid all required dues or fees, and is not subject to suspension or revocation.

Article I: Name

The official name of this organization shall be the “Constitution Party of New York.” In everyday usage, it may be referred to as the “Constitution Party” or “the Party.”

Article II: Purpose

The purpose of the Party is to establish and maintain a knowledgeable, energetic, and effective statewide political organization. The Party supports its principles, goals, platforms, and candidates as adopted through conventions and aims to secure the election of its candidates, electors, and referenda within the State of New York. The Party also provides advice and support to the candidates and platforms of the National Constitution Party.

Article III: Policy and Legal Compliance

All relevant provisions of the New York State Election Law and the Federal Election Code are incorporated by reference as part of these by-laws. The Party shall periodically review these by-laws, at minimum biennially, to ensure continued compliance with all applicable laws and regulations. Any conflicts between these by-laws and election laws shall be resolved in favor of the latter.

Article IV: Membership

Membership is open to all individuals who are registered voters under New York State law and have declared affiliation with the Party. An annual dues payment of $35.00 is required. Additional requirements may be established by the State Committee or Executive Committee as deemed appropriate.

Section A: Revocation and Suspension of Membership

  1. Grounds: Membership may be revoked or suspended for non-payment of dues, violation of Party by-laws or policies, or conduct detrimental to the Party.
  2. Process: The State Committee may initiate revocation or suspension proceedings by providing written notice to the member at least 14 days prior to a hearing. The member shall have the opportunity to respond in writing or in person.
  3. Decision: Revocation or suspension requires a three-fourths vote of those present at a duly convened meeting with a quorum. No proxy votes are permitted. The decision shall be communicated in writing within seven days.
  4. Appeal: The member may appeal to the State Convention, whose decision is final.

Article V: Organizational Structure

Section A: State Committee

The State Committee is the governing body of the Party and includes:

  • State Chairman
  • State Vice Chairmen
  • State Secretary
  • State Treasurer
  • Regional Vice Chairmen
  • County Chairmen from organized counties
  • Up to 10 additional members per Congressional District
  • Two appointed members from each unorganized county or counties with vacant Chair positions (appointed by the State Chairman)

All State Committee members must be registered voters with declared Party affiliation. Membership may be revoked as detailed in Article IV.

Section B: Executive Committee

The Executive Committee consists of the State Chairman, Vice Chairmen, Secretary, Treasurer, the immediate past State Chairman, and up to five At-Large members elected by the State Committee. Employees or consultants may be included with Executive Committee approval. The Executive Committee acts on behalf of the State Committee as authorized and provides advice and consent to the State Chairman.

Section C: Officer Duties

  • State Chairman: Chief Executive Officer, presides over meetings, enforces by-laws, appoints committee members (with Executive Committee approval), serves as a non-voting ex officio member of all committees, and promotes Party functions.
  • Vice Chairmen: Serve as acting State Chairman in the absence or vacancy of the State Chairman and perform duties as delegated.
  • State Secretary: Chief clerical officer, records proceedings of conventions and meetings, maintains records, and performs other duties as assigned.
  • State Treasurer: Manages Party finances, ensures compliance with all disclosure requirements, and issues payments for Party obligations as directed.
  • Regional Vice Chairmen and County Chairmen: Represent their respective regions or counties, coordinate local activities, and ensure adherence to Party policies.

Section D: Elections and Terms

  1. State officers and National Committee Members are elected by the State Convention for Two-year terms, commencing immediately after the Convention.
  2. County officers are elected according to their county affiliate by-laws.
  3. Vacancies in the State Chairman position are filled by the Senior Vice Chairman until the next State Convention. Other vacancies are filled by appointment of the State Chairman with Executive Committee approval.

Article VI: Voting Procedures

All voting for officers, nominations, platform amendments, and other Party business shall be conducted as follows:

  1. Method: Voting is by show of hands unless a delegate requests a secret ballot, in which case a majority vote will determine the method.
  2. Vote Limitation: No individual may cast more than one vote, regardless of the number of offices held.
  3. Proxies: Absentee voting is permitted by written, signed, and dated proxy. Only the most recent proxy is valid. Proxies must be submitted to the Credentials Committee at least 24 hours before the relevant meeting or Convention and are subject to validation.
  4. Tie Votes: In the event of a tie, the State Chairman shall cast the deciding vote.
  5. Quorum: A quorum is required for all official votes; the quorum requirement shall be set by the State Committee and published in advance.

Article VII: State Convention

The Party shall hold a biennial State Convention in New York during even-numbered years, at a time and place determined by the State Committee. The State Chairman shall issue the official call for the Convention. Proceedings are governed by the current edition of Robert’s Rules of Order Newly Revised, and the Convention Chairman’s rulings are final. A Parliamentarian, appointed by the Chairman, resolves procedural questions. Office nominees and all Convention actions require a majority vote. Newly elected officers assume duties immediately. Members in good standing as of thirty days before the Convention may attend; registration fees may be set by the State Committee.

Article VIII: Delegate Selection to National Conventions

Delegates to National Conventions are elected by the State Convention, or, if necessary, by the State Committee at its last meeting before the National Convention. The State Chairman may appoint additional delegates with Executive Committee approval. Presidential electors are chosen by the State Chairman with Executive Committee approval.

Article IX: Nomination of Candidates for Office

The State Committee is responsible for nominating candidates for statewide and federal offices. County affiliates nominate candidates for federal and state district offices and local offices within their jurisdiction. In New York City, the five county affiliates jointly nominate candidates for Mayor, Comptroller, and Public Advocate every four years. All candidates seeking nomination must join the CPNY Committee. Cross-endorsement candidates from other parties require unanimous approval from the relevant governing committee. Nominating petitions must comply with New York State Election Law.

Article X: County Affiliation Rules

Only one county affiliate per county is recognized. The State Executive Committee grants or revokes county affiliate status by majority or two-thirds vote, respectively. Applications are submitted to the Credentials Committee Chair, who review them within sixty days. Requirements include a $125 annual affiliation fee, adherence to the Party platform, selection of chairperson and treasurer, and evidence of a bank account. Counties may adopt their own by-laws, subject to State Committee approval. In the absence of approved county by-laws, these by-laws and applicable election codes apply.

Article XI: Use of Party Name

No individual or organization may use the Party’s name, address, or emblem without written permission from the State Chairman.

Article XII: Parliamentary Authority

The current edition of Robert’s Rules of Order Newly Revised shall govern all Party proceedings when applicable and not inconsistent with these by-laws or election laws.

Article XIII: Organizational Authority

For organizational purposes, the State Chairman may appoint State Committee members and take necessary actions to ensure legal compliance. These powers may be rescinded by majority vote of the State Committee when such authority is no longer required.

Article XIV: Amendment Procedures

Amendments to these by-laws may be adopted by an affirmative vote of three-fourths of the State Committee or by a three-fifths majority at the State Convention.

Article XV: Wilson-Campolo Letters

Pursuant to these by-laws, the State Chairman is authorized to issue certificates of authorization permitting candidates not enrolled in the Constitution Party to seek nomination on the Party line for specified offices, including Governor, Lieutenant Governor, Comptroller, Attorney General, United States Senator, State Senator, Delegate to the Constitutional Convention, or any other statewide office. The State Chairman and/or appropriate County Chairman may issue such certificates for Assembly Members or other local offices. The relevant County Chairman is the leader of the county organization where the office is situated. For multi-county districts, any of the relevant County Chairmen may serve as the appropriate County Party Chair.

Article XVI: Election of Committee Members and Delegates

Upon achieving permanent party status as defined herein, statewide committee members shall be elected according to New York State Election Law—one per county for two-year terms in even-numbered years, with voting restricted to Party members registered in the same county. Statewide committee members also serve as delegates to State Party Conventions. Additional delegates shall be elected, one per State Senate District, for two-year terms in even-numbered years, with voters limited to Party members registered in the respective district. Incumbent statewide committee members serve until replacements are elected and certified. The statewide committee may appoint individuals to fill vacancies. The first such election shall occur in the first even-numbered year after permanent status is achieved.

All county charters and amendments must be approved by both the statewide committee and the affected county committee. County committee members are elected according to New York State Election Law for two-year terms in odd-numbered years, with voting limited to Party members registered in the district or county represented. County charters may set the number of committee members and district boundaries. In the absence of a valid county charter or defined districts, seven county committee members shall be elected at large. County committees may appoint individuals to fill vacancies; if all seats are vacant, the State Chairman may fill them. The first election for county committee members shall occur in the second odd-numbered year after permanent status is achieved.