Note: These rules were in effect from June 1999 until September 2000 and are shown here for archival purposes. They have been superseded by amended rules passed on September 23, 2000, available at http://ipny.org/rules900.html

RULES OF THE NEW YORK STATE COMMITTEE
OF THE INDEPENDENCE PARTY

ARTICLE I
ESTABLISHMENT OF RULES

The Independence Party (formerly Independence Fusion Party), having attained party status as that term is defined under the New York Election Law on November 8, 1994 does hereby adopt the following Rules. The name of the party is hereby changed from the "Independence Fusion Party" to the "Independence Party". The symbol appearing below shall be the official symbol of the party.

ARTICLE II
MEMBERS OF STATE COMMITTEE

The unit of representation shall be by Assembly District. Members will be chosen from Assembly Districts subject to the following conditions:

1. ) Where Assembly Districts are coterminous within a county, they shall have two members.
2. ) Where an Assembly District is made up of two or more whole counties, each County shall have two members.
3. ) Where an Assembly District is made up of parts of counties or a combination of a whole county or counties and part or parts of another county or counties, each county and part county unit shall have two members.
4. ) Each member shall be an enrolled voter of the Independence Party within the unit from which each member is elected.
5. ) Representation from each unit shall be equal by sex.

OFFICERS. The officers of the State Committee shall be a Chairperson, a Vice Chairperson, a Second Vice-Chairperson, a Secretary, a Treasurer, and four Members. Such officers shall constitute the State Executive Committee. Within 3 days thereafter a certificate stating the names and post office address of such officers shall be filed as provided by law.

REMOVAL. Except as may be otherwise provided by law, a member or officer of the State Committee may be removed by the Committee for disloyalty to the party or corruption in office, after notice and a hearing upon written charges, to be heard by the committee or a sub-committee appointed for that purpose, which shall report the findings to the full committee.

ARTICLE III
ELECTION OF MEMBERS

Members of the State Committee shall be elected at primary elections biennially in alternate years. Such election shall be at the Fall primary. Such members shall hold office until the election of their successors. The initial election of members shall be held in the fall primary election of 1996 pursuant to New York Election Law.

ARTICLE IV
ORGANIZATIONAL MEETING

The State Committee shall, within fifteen days after its election, meet and organize by the election of officers and adoption of rules and for the transaction of such other business as may properly come before the meeting. Such meeting shall be held at the time and place set forth in the notice of meeting which meeting shall be called by the Secretary of the outgoing Committee.

ARTICLE V
NOTICE OF ORGANIZATION MEETING

Notice of the time and place of the organization meeting shall be served by mailing a notice of meeting to each member not less than five days before such meeting. Such notice shall be directed to the address of each member as it appears on the records of the Committee.

ARTICLE VI
MEETINGS

Meetings of the State Committee other than the organization meeting, shall be hold upon the call of the Chairperson, or in the case of vacancy in the office of the Chairperson, on the call of the Vice Chairperson. Upon written petition of forty or more members of the Committee, representing not less than twenty counties, filed jointly or separately in the office of the Chairperson asking for a meeting of the Committee, it shall be the duty of the Chairperson within 10 days after receipt of said petition to issue a call for the meeting of the Committee to be held in the city nearest to the residence of the state Chairperson, the date of such meeting to be not later than 20 days, or earlier than 10 days from the issuance of the call. In the event that the Chairperson shall fail to call such meeting within 10 days after the filing of such petition, the same shall be called by the Vice Chairperson or the Secretary. Meeting of the State Executive Committee may be held by telephone with prior day notice of the Chairperson or any three members thereof.

ARTICLE VII
NOTICE OF MEETINGS OF THE STATE COMMITTEE

Notice of the time and place of every meeting other than the organization meeting shall be served by mailing a notice to each member not less than three days before such a meeting. Such notice shall be directed to the address of such member as it appears on the records of the State Committee.

ARTICLE VIII
QUORUM REQUIREMENTS

At all meetings of members of the State committee, or the Executive committee, elected or appointed on a weighted vote basis there shall be present in person or represented by proxy, at least a majority of the members in order to constitute a quorum, and for the purpose of determining whether a quorum is present, the officers of the committee shall be considered as members of the Committee. If a Quorum is not present, a lesser number may adjourn the meeting to some future time, not more than 10 days later.

ARTICLE IX
VOTING

Section 1. State Committee Members representing each Unit of Representation as described in Article II shall cast the whole number of votes cast for Governor from the district or portion thereof which they represent on the line or column of the Independence Party in the last preceding general election.

Section 2. Nominations for statewide office. Each member of the State Committee shall cast the number of votes cast for Governor from that portion of the state that he or she represents, on the line or column of the Independence Party in the last preceding general election. Voting by proxy at any meeting of members shall be valid. Proxies shall be in writing and revocable at the pleasure of the person executing the same. On any question, motion, nomination or election, a majority weighted whole vote of the members voting in person or by proxy shall carry such question, motion, nomination, or election.

ARTICLE X
CROSS ENDORSEMENTS
NOMINATIONS AND AUTHORIZATIONS FOR ELECTIONS
AND FILLING VACANCIES

1. The nomination of a candidate for election to fill a vacancy in an elective office required to be filled at the next general election, occurring after the fifth Tuesday preceding a primary election, shall be made by the state executive Committee; provided, however, that if such elective office shall fall within a county which has elected an Independence Party county committee pursuant to the Election Law or formed an interim county organization pursuant to Article XV of these rules, and if the rules of said county committee make provision for the filling of said vacancy, the vacancy shall be filled in accordance with that provision; and provided further that if such elective office shall fall within more than one county, each of which has elected an Independence Party county committee pursuant to the Election Law or formed an interim county organization pursuant to Article XV of these rules, and if the rules of all of those county committees include the same provisions for the filling of said vacancy, the vacancy shall be filled in accordance with that provision.

2. Nominations for public office to be filled at a special election shall be made by the state executive committee; provided, however, that if such elective office shall fall within a county which has elected an Independence Party county committee pursuant to the Election Law or formed an interim county organization pursuant to Article XV of these rules, and if the rules of said county committee make provision for the filling of said vacancy, the vacancy shall be filled in accordance with that provision; and provided further that if such elective office shall fall within more than one county, each of which has elected an Independence Party county committee pursuant to the Election Law or formed an interim county organization pursuant to Article XV of these rules, and if the rules of all of those county committees include the same provisions for the filling of said vacancy, the vacancy shall be filled in accordance with that provision.

3. Vacancies in nomination made at a judicial district convention, or by the state committee or by the state executive committee, shall be filled by a committee appointed by such convention or state committee or state executive committee to nominate candidates to fill vacancies in nominations made by such convention or state committee or state executive committee, provided however, that in the event that such committee is not appointed or fails to act, the state executive committee may fill such vacancies.

4. In all cases where the Election Law allows a vacancy in a nomination to be filled by such committee as the rules of the party may provide, or in any other case of a nomination or designation, said vacancy shall be filled by the state executive committee; provided, however, that if such elective office shall fall within a county which has elected an Independence Party county committee pursuant to the Election Law or formed an interim county organization pursuant to Article XV of these rules, and if the rules of said county committee make provision for the filling of said vacancy, the vacancy shall be filled in accordance with that provision- and provided further that if such elective office shall fall within more than one county, each of which has elected an Independence Party county committee pursuant to the Election Law or formed an interim county organization pursuant to Article XV of these rules, and if the rules of all of those county committees include the same provisions for the filling of said vacancy, the vacancy shall be filled in accordance with that provision. In the event of any vacancy in a nomination or designation not provided for above, said vacancy shall be filled by the State Executive Committee.

5. An authorization provided for shall be signified by the filing of a certificate, signed and acknowledged by the presiding officer and the secretary of the meeting at which such authorization was given, authorizing such designation, nomination or substitution with the officer or board with whom or with which such designation or substitution is required to be filed.

6. It is the specific intention of these Rules to require the authorization pursuant to 6-120 of the Election Law of the designation or nomination of a person as a candidate for judicial office who is not enrolled as a member of the Independence Party.

7. In counties where no county committee has been established pursuant to the Election Law or no interim county organization has been formed pursuant to Article XV of these rules, nominations for town office shall be made by petition at the primary election preceding the general election.

8. In counties where no county committee has been established pursuant to the Election Law or no interim county organization has been formed pursuant to Article XV of these rules, nominations for village office may be made by caucus, if an enrolled voter of the Independence Party residing within the village has been designated as village election chairperson. A village election chairperson may be designated by the State Chairperson of the Independence Party or the State Executive Committee or such other officer as may be appointed or designated for this purpose by the State Chairperson or State Executive Committee.

9. Limit on Cross Endorsements. A Committee or officer which is empowered under these Rules or other Independence Party rules to issue an authorization of the Independence Party for candidates not enrolled in the Independence Party pursuant to section 6-120 of the Election Law, may not authorize as candidates of the Independence Party, a number of candidates who are enrolled in the same political party, which is greater than one-half of the total number of Independence Party candidates which will appear on the general election ballot for all offices up for election within any one county, inclusive of elections within the county of smaller political subdivisions such as towns and cities. This rule may be waived by the State Executive Committee upon application of the County Chairperson.

10. Districts which cross county lines:
    • (a) Nominations and authorizations by county committees and interim county organizations for public offices the districts of which cover more than one county, shall be determined in accordance with Articles X and XV of these rules provided that each such county which has made a determination regarding such nomination or authorization shall cast a vote equal to the number of votes cast for Governor in the portion of the district within that county on the line of the Independence Party in the last preceding general election.

    • (b) Should a district extend into a county which has made a decision on authorization pursuant to Article XV of these rules, Section 4, the decision made by that county shall be subordinate to the decision made by any county within the district which has a county committee or an interim county committee (or to the determination made pursuant to (a) above.)

    • (c) Should a district cover two or more counties each of which has made a decision on authorization pursuant to Article XV of these rules, Section 4, the Secretary shall issue an authorization to each candidate approved by a county.

ARTICLE XI
VACANCIES ON STATE COMMITTEE

In case of the death, disqualification, removal from district, or removal from office of a member of the State Committee, the vacancy created thereby shall be filled by majority weighted vote (in person or by proxy) of the remaining members of the State Committee residing in that county. Said vote shall occur at a meeting of said remaining members on seven days notice by regular mail which notice shall be given by the first remaining State Committee member in the county who notifies the Secretary of the State Committee and receives confirmation from said Secretary that he or she is the first such person whose notice has been received by said Secretary. Said notice shall be mailed within five days of such confirmation. A quorum for said meeting shall be the smallest number greater than fifty percent of the remaining members present in person or by proxy Should there be no remaining members, the vacancy continue until a new member is elected at the next regular election of the State Committee.

The State Committee shall have the power to fill only vacancies created by the failure to elect a candidate at the last election of State Committee members and such vacancies may be filled by a vote taken in accordance with Article IX of these rules.

ARTICLE XII
ADDITIONAL RULES

ADDITIONAL RULES. Robert's Rules of Order Newly Revised shall govern in all meetings of the State Committee and Executive Committee insofar as they are applicable and not inconsistent with these rules.

ARTICLE XIII
QUALIFICATION FOR PARTY OFFICE

No person may be a member of the State Committee or one of its officers, or a member of the State Executive Committee, a county committee or an interim county organization who has effected a change of enrollment pursuant to Section 5-304(3) of the Election Law until one year after such change of enrollment is entered pursuant to Article 5 of the Election Law.

This provision of the Rules of the State Committee shall expire five years after its adoption unless extended by vote of the State Committee at that time

ARTICLE XIV
PARTY FUNDS IN PRIMARY ELECTIONS

Notwithstanding the prohibition of section 2-126 of the Election Law which precludes political party committees from spending funds for a candidate in a contested primary election the State Committee declares for itself and each county committee-and subordinate committee of the Independence Party in the state that such committees may support candidates in contested primary elections consistent with the constitutionally protected rights of the Independence Party in New York to Freedom of Speech and Freedom of Association.

ARTICLE XV
COUNTY ORGANIZATION

1. Definitions:
   • (a) As used herein and throughout these rules, the term "interim county organization" shall mean the body responsible for representing the Independence Party and carrying out the functions and exercising the authority delegated to "county committees" under these rules and the Election Law. An interim county organization shall be considered a committee of the State Committee under Section 2-110 of the Election Law.

   • (b) As used herein and throughout these rules, the term "county committee" shall mean a body constituted and organized pursuant to Article 2 of the Election Law.

2. Interim county organizations: Until such time as a county committee is constituted and organized the elected State Committee members in each county shall be the interim county organization.
   • (a) Said interim county organization is hereby delegated and shall exercise the authority and carry out the functions of a county committee (including the execution and filing of documents pursuant to Article 6 of the Election Law) in accordance with the following. This authority shall be subject to (5)(b) below and shall be effective only as to authorizations notice of which was given to the Executive Committee not later than five days after the commencement of the applicable petitioning period under Article 6 of the Election Law.

   • (b) The elected State Committee members in each county shall hold an initial organizational meeting and, by weighted vote consistent with Article IX of these rules:
     • (i) elect a Chairperson, Secretary and Treasurer, each of whom shall be a separate person and an enrolled member of the Independence Party residing in that county, and shall be present at the initial organizational meeting.

     • (ii) adopt rules governing future voting (which shall be by one person-one vote or by weighted vote consistent with Article IX of these rules), the addition of members to the interim county organization and such other matters as are necessary to the work of the interim county organization.

     • (iii) voting at the initial meeting may be by person or by proxy carried by an elected member of the State Committee from that county.

   • (c) Convening of initial organizational meeting shall be in accordance with the following:
     • (i) Any elected State Committee member wishing to call the initial organizational meeting must provide written notice of the initial organizational meeting to the Secretary of the State Committee.

     • (ii) The right to select the time and place of the initial organizational meeting shall be with the first State Committee member residing in the county whose written notice pursuant to (i) above is received by the Secretary of the State Committee.

     • (iii) The Secretary of the State Committee shall fax or mail confirmation of receipt of the written notice of the initial organizational meeting within four days after receiving the notice.

     • (iv) The notice of the initial organizational meeting must be mailed by the person receiving the aforesaid confirmation within seven days of receipt of said confirmation and must give no less than seven days notice of said meeting.

   • (d) the Secretary elected at the initial meeting shall within five days thereafter file with the Secretary of the State Committee an affidavit certifying that the initial organizational meeting was held pursuant to this Article, that officers were elected and that rules were adopted and shall append to said document the names and addresses of the elected officers and a copy of said rules.

   • (e) a quorum of the smallest number greater than fifty percent of the county's State Committee members is required at the initial meeting in person or by proxy.

   • (f) the interim county organization shall be dissolved and the county be governed by section 4 below, if, as a result of death, disqualification, removal from district, or removal from office there are no remaining State Committee members in said county.

   • (g) The term of an interim county committee shall be until the next State Committee election, after which the county may organize a new interim county organization if a county committee has not been organized in accordance with (3) below.

3. County Committees: The following shall govern the conduct of the organizational meeting of a county committee (other than county committees which have already organized and adopted rules) held pursuant to Sec. 2-112 of the Election Law.
   • (a) A quorum of the County Committee's organizational meeting shall be the smallest number greater than 50% of the elected members of the county committee.

   • (b) For purposes of establishing a quorum at the organizational meeting, the votes of the elected members of the County Committee present or present by proxy held by an elected member of the County Committee shall be counted.

   • (c) Voting at a County Committee's organizational meeting shall be either by:
     • (i) elected members of the County Committee personally present, or

     • (ii) elected members of the County Committee present by proxy held by an elected member of the County Committee.

     • (iii) proxies may not be held or voted at the organizational meeting by individuals not elected to the County Committee

4. Other Counties: In a county where there are no elected members of the State Committee or where a deadlock occurs at the initial meeting, an authorization pursuant to Section 6-120 of the Election Law (hereinafter "authorization") shall be made as follows:
   • (a) the State Executive Committee shall establish a deadline by which members of other parties seeking authorization shall file a declaration of candidacy with the Secretary of the State Committee which declaration shall contain the candidate's address, telephone and fax number.

   • (b) the Secretary shall determine the cost of a first class mailing to each enrolled member of the Independence Party in the county (as shown on the most recent list published by the county Board of Elections) and such other costs as are necessary to carry out the process in this section 4, and shall assess, as a condition for authorization, a pro-rata portion of such cost upon each candidate who has filed a declaration of candidacy.

   • (c) each such candidate must pay said sum within one week of notice from the Secretary, and if one or more does not timely pay the others must make up the difference within three days after notice by fax from the Secretary, or if the candidate has not provided a fax number, then within two days telephonic notice.

   • (d) the Secretary shall send, by first class mail, a notice inviting all enrolled Independence Party members within the County who appears on the aforesaid list to an "authorization meeting" to be held at a reasonably convenient place within the county and at a reasonably convenient time (not earlier than ten days nor later than twenty days after the mailing)

   • (e) the meeting shall be presided over by one member of the State Executive Committee. If more than one attends, the one residing closest to the place of the meeting shall preside.

   • (f) each candidate who has filed a declaration of candidacy shall attend said meeting to be interviewed by enrolled members of the Independence Party.

   • (g) enrolled members residing in the county in attendance at said meeting shall then vote on whether to support the authorization of a candidate or candidates. The Secretary shall prepare and file the necessary certificate of authorization in a timely manner for any candidate receiving the support of said meeting pursuant to a democratic decision making process not inconsistent with Roberts Rules of Order.

   • (h) Notwithstanding the above, the State Executive Committee shall have the right to limit the number of declarations of candidacy to be acted upon in accordance with this Section 4 in any given election season, provided that the number of counties acted on cannot be lowered below 6 counties.

   • (i) Another member of the Executive Committee may act under this Section 4 should the Secretary not act within a reasonable time.

5. Miscellaneous:
   • (a) All powers delegated to or exercised by any person appointed by the State Executive Committee to the position of "County Chairperson" pursuant to the previous Article XV of these rules shall be null and void and any person so appointed shall no longer occupy said position.

   • (b) Considering that interim county organizations are transitional in nature and will eventually be replaced by fully constituted county committees, the Executive Committee may, by vote of three quarters of its total members voting at a meeting of the Executive Committee, override an authorization made by an interim county organization pursuant to section 4 above, in accordance with the following procedure:

     • (i) Within seven days of receipt of a list of authorizations from an interim county organization, the Executive Committee must notify the chairperson of that interim county organization by overnight mail which authorizations it is considering overriding.

     • (ii) said notice shall invite the interim county chair (and two other persons of his choosing) to attend a meeting of the Executive Committee to be held not earlier than three days nor later than five days thereafter where the question of override will be discussed and voted upon.

     • (iii) At said meeting the representatives of the interim county organization will be given the opportunity to speak against override.

     • (iv) A vote on override shall take place at that meeting and no override shall occur unless it is voted for by three quarters of the total members of the Executive Committee.

     • (v) The Executive Committee must forward a written explanation of its reasons for voting to override by regular mail no later than three days after the meeting at which the vote occurred.

   • (c) The provisions of this article shall override any provisions to the contrary in Article X of these rules.

   ARTICLE XVI
   EXCLUSIVITY

   These rules shall be the exclusive rules of the State Committee of the Independence Party of New York. No other rules shall be effective unless approved in writing by the State Committee.

   ARTICLE XVII
   RECALL

   One or more officers of the State Committee or members of the State Executive Committee may also be removed by way of recall as follows:

   • (1) At any meeting of the State Committee for which notice of intent to recall has been mailed to each State Committee member at least ten days prior to the meeting (such notice to be given by any member of the State Committee), a recall against specified officers of the State Committee or members of the State Executive Committee may be initiated by a vote of one half weighted pursuant to Article IX.

   • (2) Any officers of the State Committee or members of the State Executive Committee against whom recall has been initiated may be removed from office by a vote of not less than fifty-five percent at the same meeting of the State Committee weighted pursuant to Article IX.

   • (3) A new election for the officers or membership positions vacated by recall shall take place thereafter at the same meeting of the State Committee by the same voting procedure by which said offices or positions of membership were previously filled.

   • (4) Recall may also be initiated by a petition calling for a State Committee meeting.

   ARTICLE XVIII
   SEVERABILITY

   If any clause, sentence, paragraph, subdivision, section or part of these rules or any amendment thereto shall be adjudged to be invalid or otherwise rendered inoperative by any court of competent jurisdiction, such judgment or other judicial action shall not affect, impair, invalidate or render inoperative the remainder thereof, but shall be confined in its operation to the clause, sentence, paragraph, subdivision, section or part thereof directly involved in the controversy in which such judgment or other judicial action shall have been rendered or taken.

These are the rules as amended at the State Committee meeting on June 10, 1999.

Notes:

• This is an unofficial version of the amended rules. The official rules are filed with the Board of Elections as the September 1998 original and the June 1999 amendment. This combined version should be identical.
  
• Bullets do not appear in originals.