Note: These rules were in effect from September 2004 until January 2007 and are shown here for archival purposes. They have been superseded by amended rules passed on January 28, 2007, available at http://ipny.org/rules107.html

RULES OF THE NEW YORK STATE COMMITTEE
OF THE INDEPENDENCE PARTY

ARTICLE I
ESTABLISHMENT OF RULES

The Independence 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 symbol appearing below shall be the official symbol of the party.

ARTICLE II
MEMBERS OF STATE COMMITTEE

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

(a) Where Assembly Districts are coterminous with or contained within a county, they shall have two (2) members.

(b) Where an Assembly District is made up of two (2) or more whole counties, each county shall have two (2) members.

(c) 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 (2) members.

(d) Each member shall be an enrolled voter of the Independence Party within the unit from which each member is elected.

(e) Representation from each unit shall be equal by sex.

(f) In the first election after redistricting of assembly districts, a candidate for State Committee must only be an enrolled voter of the Independence Party and have been a resident of the county in which the unit from which he or she is running is located for a period of twelve months immediately preceding the election.

2. The officers of the State Committee shall be a Chairperson, five (5) Vice Chairpersons, a Secretary, a Treasurer, and seventeen (17) Members. Such officers shall constitute the State Executive Committee. Within three (3) days after election a certificate stating the names and post office address of such officers shall be filed as provided by law.

3. Members of the State Committee shall be elected at the fall primary elections in even-numbered years. Such members shall hold office until the election of their successors.

4. (a) In case of the death, disqualification, resignation, 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 (7) 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 (5) days of such confirmation. A quorum for said meeting shall be the smallest number greater than fifty (50) 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.

     (b) 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 V of these rules.

ARTICLE III
STATE COMMITTEE MEETINGS

1. (a) The State Committee shall, within fourteen (14) 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.

     (b) Notice of the time and place of the organizational meeting shall be served by mailing a notice of meeting to each candidate for State Committee membership not less than thirty (30) nor more than forty-five (45) days before such meeting. Such notice shall be directed to the address of each candidate as it appears on the petition filed at the Board of Elections.

2. (a) Meetings of the State Committee other than the organizational meeting, shall be held 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.

     (b) Upon written petition of forty (40) or more members of the Committee representing not less than twenty (20) counties, or of a majority of State Executive Committee members, filed jointly or separately in the office of the Secretary asking for a meeting of the Committee, it shall be the duty of the Secretary within ten (10) days after receipt of said petition to issue a call for the meeting of the Committee to be held within twenty-five (25) miles of the State Capitol in Albany, the date of such meeting to be not later than thirty (30) days, nor earlier than ten (10) days from the issuance of the call. In the event that the Secretary shall fail to call such meeting within ten (10) days after the filing of such petition, the meeting may be called by an alternate convenor who shall be a member named in the petition. The notice of meeting shall include any and all agenda items called for by the petition.

     (c) Meeting of the State Executive Committee may be held by telephone with prior day notice of the Chairperson or any three (3) members thereof.

3. The foregoing notwithstanding, Regular Meetings of the State Committee shall be held three (3) times per year: one in the winter, one in the spring and one in the fall.

(a) Winter Meeting: The Winter Regular Meeting shall be held not earlier than two (2) days before Martin Luther King Jr. Day in January and not later than Presidents' Day in February.

(b) Spring Meeting: The Spring Regular Meeting shall be held not earlier than twenty (20) days before the first day to sign designating petitions for the primary election and not later than two (2) days before the first day to sign designating petitions for the primary election.

(c) Fall Meeting: The Fall Regular Meeting shall be held not earlier than four (4) days after the primary election and not later than fourteen (14) days after the primary election. In even-numbered years the Fall Regular Meeting shall be the organizational meeting.

4. Notice of the time and place of every meeting other than the organizational meeting shall be served by mailing a notice to each member not less than ten (10) nor more than thirty (30) 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 IV
STATE COMMITTEE QUORUM REQUIREMENTS

1. 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 ten (10) days later.

2. At meetings of the State Committee, members may vote via proxy to the same effect as if present and voting in person. The use of proxies shall be limited as follows:

(a) Proxies shall be in writing, signed and dated, and expire at the close of the meeting for which issued. Facsimile and e-mail proxies shall be acceptable.

(b) Proxies shall be revocable at the pleasure of the person executing the proxy, either in person, by written notice to the Chairperson or Secretary, or by execution of a subsequent proxy.

(c) A proxy may direct how the holder shall vote it.

(d) A proxy holder must be a State Committee member, and shall not vote the proxy if the giver is present and chooses to vote.

(e) Proxies shall be non-transferable,  except that they may list one or more contingent carriers, with only one of the carriers registering as the holder at any one time.

(f) In case of dispute as to the validity of any proxy, a Credentials Committee shall give its opinion as to the proxy's validity, at which time the whole State Committee, not including the disputed votes, shall decide the question, such question taking precedence over any other business.

ARTICLE V
VOTING AT STATE COMMITTEE MEETINGS

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.

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 VI
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 X of these rules, and if the rules of said county committee or interim county organization 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 X of these rules, and if the rules of all of those county committees or interim county organizations 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 X of these rules, and if the rules of said county committee or interim county organization 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 X of these rules, and if the rules of all of those county committees or interim county organizations 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 X of these rules, and if the rules of said county committee or interim county organization 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 X of these rules, and if the rules of all of those county committees or interim county organizations 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. Upon request of eight or more enrolled members of the Independence Party residing in a county where no county committee has been established pursuant to the Election Law and no interim county organization has been formed pursuant to Article X of the these rules, the Executive Committee shall have discretion to issue a certificate of authorizaton to a candidate seeking election to federal, state legislative or county-wide office, the district of which does not include any part of any county where there is a county committee or an interim county organization.

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 X 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 X 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. In all primary elections to nominate Independence Party candidates for the public offices of President and Vice President of the United States, United States Senator and Governor, Lt. Governor, Comptroller and Attorney General of the State of New York, those eligible to vote shall include enrolled members of the Independence Party and those who are registered to vote without party enrollment.

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 VI and X 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) It shall not be necessary for there to be a joint meeting of the counties in question, and the certificate of authorization shall be issued by the authorized body in the county with the largest weighted vote which voted for the candidate to whom a certificate is to be issued under (a) above.

(c) Notwithstanding the foregoing, in the case of designation or nomination to an office to be filled by all the voters of the City of New York, authorizations shall be made in the following manner:

(i) A joint meeting of the Executive Committees of the county committees and interim county organizations, if any, within the City of New York shall be called by the State Chairperson or by some person designated by the State Chairperson or, if the State Chairperson should fail to act by the first day for petitioning or should fail to set the time of said meeting for before the tenth day after the first day for petitioning for said office, by any County Chairperson within the City of New York.

(ii) A quorum to do business shall be at least two (2) County Executive Committee members from each county within the city that has a county committee or interim county organization, or at least three (3) members each from three (3) or more counties that in the aggregate cast a majority of the votes cast for Governor within the City of New York on the Independence Party line or column in the last preceding election for Governor.

(iii) The representative or representatives of each county present at such meeting shall cast votes equal, in the aggregate, to the votes cast for Governor on the Independence Party line or column in the last preceding election for Governor in the respective county, said votes being divided evenly among all representatives present from the respective county. A majority of said vote shall be required to authorize the candidacy of any person who is not a member of the Independence Party.

(iv) Representation by proxy shall not be permitted at said meeting.

(v) The certificates of authorization shall be signed and acknowledged by the presiding officer and secretary of said meeting.

ARTICLE VII
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 VIII
[RESERVED]

 

ARTICLE IX
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 X
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.

(b) The elected State Committee members in each county shall hold an initial organizational meeting and, by weighted vote consistent with Article V 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 V 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 (4) 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 (7) days of receipt of said confirmation and must give no less than seven (7) days, nor more than twenty (20) days, notice of said meeting.

(d) the Secretary elected at the initial meeting shall within five (5) 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 (50) 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.

(h) In case of dispute as to the validity of any purported interim county organization, which is a subcommittee of the State Committee, the matter shall be decided by the State Executive Committee which decision shall take effect immediately. It must, however, be accepted, modified or rejected by majority vote of the State Committee at its next regular meeting or at a special meeting called for that purpose.

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. [Reserved]

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) The provisions of this article shall override any provisions to the contrary in Article VI of these rules.

ARTICLE XI
JUDICIAL DISTRICT CONVENTIONS

1. (a) The judicial district convention for the nomination of party candidates for the office of Justice of the Supreme Court in the 3rd, 4th, 5th, 6th, 9th, and 10th Judicial Districts shall be constituted by the election of one delegate and one alternate delegate from each assembly district in the judicial district for each two thousand (2000) votes or major fraction thereof cast in such assembly district or portion, for the party candidate for Governor under the party emblem in the last preceding gubernatorial election. The judicial district convention for the nomination of party candidates for the office of Justice of the Supreme Court in the 1st, 2nd, 11th, and 12th Judicial Districts shall be constituted by the election of one delegate and one alternate delegate from each assembly district in the judicial district for each seven hundred fifty (750) votes or major fraction thereof cast in such assembly district or portion, for the party candidate for Governor under the party emblem in the last preceding gubernatorial election. The judicial district convention for the nomination of party candidates for the office of Justice of the Supreme Court in the 8th Judicial District shall be constituted by the election of one delegate and one alternate delegate for each three thousand (3000) votes or major fraction thereof cast in such assembly district or portion, for the party candidate for Governor under the party emblem in the last preceding gubernatorial election. The judicial district convention for the nomination of party candidates for the office of Justice of the Supreme Court in the 7th Judicial District shall be constituted by the election of one delegate and one alternate delegate for each five thousand (5000) votes or major fraction thereof cast in such assembly district or portion, for the party candidate for Governor under the party emblem in the last preceding gubernatorial election.

     (b) In no event, however, shall any assembly district in any judicial district be entitled to less than one delegate and one alternate.

     (c) If, by reason of a change in the boundaries of assembly districts after an election for governor, the exact vote at such election in the territory consisting the altered district is not ascertainable, such vote for purposes of this section shall be estimated.

2. The state executive committee shall fix the time and the place of the meeting of the judicial district conventions.

3. The call for any judicial district convention shall be issued by the state executive committee or the state chairman.

4. The quorum at any judicial district convention of the Independence Party shall be a majority of the total number of delegates or respective alternates elected to serve at that convention pursuant to Section 1 of this Article. All nominations at any convention shall be made by a majority of the delegates present and voting and, if a majority of the delegates present and voting shall vote not to nominate any candidate to fill a vacancy, then no candidate shall be nominated to fill that vacancy.

ARTICLE XII
REMOVAL AND RECALL

1. 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.

2. 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:

(a) 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 (10) 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 V.

(b) 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 (55) percent at the same meeting of the State Committee weighted pursuant to Article V.

(c) 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.

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

ARTICLE XIII
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 XIV
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 September 25, 2004. The only change is to Article II, Section 2, changing the number of Executive Committee Members from 15 to 17.
  
• The official rules are filed with the Board of Elections as the rules of February 11, 2001 plus the amendments of October 6, 2001, February 2, 2002, May 19, 2002, September 22, 2002, February 1, 2003, May 17, 2003 and September 25, 2004. This version combines the February 2001 rules with those seven amendments.