Senate District 40 Republicans

Senate District 40 Constitution

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Contents

Article 1 - Definitions
Article 2 - Organization
Article 3 - General Provisions
Article 4 - Amendment

Preamble

The Senate District 40 Republicans fully subscribe to the Republican Party of Minnesota Constitution’s Preamble, quoted as follows:

“The Republican Party of Minnesota (RPM) welcomes into its party all Minnesotans who are concerned with implementation of honest, efficient, responsive government. The RPM believes in these principles as stated in the United States Declaration of Independence: that all men are created equal; that they are endowed by their Creator with certain inalienable rights; that among these rights are life, liberty and the pursuit of happiness. Therefore, it is the party committed to equal representation and opportunity for all and the preservation of the rights of each individual. It is the purpose of this constitution to ensure that the RPM provides equal opportunity for full participation in our civic life for all Minnesota residents who believe in these principles regardless of age, race, sex, religion, or social or economic status.”

Article 1 - Definitions

Section 1.1 - Name

The name of this organization shall be the Senate District 40 Republicans.

Section 1.2 - Republican Party of Minnesota

The Republican Party of Minnesota, its constitution, and the actions of the State Headquarters of the Republican Party of Minnesota are referred to in this document by the abbreviation “RPM".

Section 1.3 - Senate District 40

Senate District 40 (SD40) refers to the geographical area bounded by the SD40 lines as defined by Minnesota Law.

Section 1.4 - Congressional Districts

Congressional Districts Two and Three (CD-2 and CD-3) refer to the geographical areas bounded by the respective Congressional District lines as defined by Minnesota Law.

Section 1.5 - House Districts

  • 1.5.1 - SD40 is divided into two House Districts by Minnesota Law.
  • 1.5.2 - House District 40A (HD40A) is that portion of SD40 that lies south of the Minnesota River and which contains parts of the cities of Burnsville and Savage, Minnesota. The HD40A is part of the Second Congressional District.
  • 1.5.3 - House District 40B (HD40B) is that portion of SD40 that lies north of the Minnesota River and which contains parts of the city of Bloomington. The HD40B is part of the Third Congressional District.

Section 1.6 - Senate District 40 Convention

  • 1.6.1 - SD40 Conventions, acting as a legislative body, hold the primary authority and responsibility for the organization and conduct of Republican Party business in SD40.
  • 1.6.2 - A SD40 organizing convention is held shortly after each biennial precinct caucus. Other SD40 conventions may be held as duly called by the RPM or the SD40 Republican Committee or the SD40 Republican Executive committee. (See Sections 1.7 and 1.8 below.).
  • 1.6.3 - The SD40 Convention is composed of all delegates and seated alternates as elected at the precinct caucuses in even-numbered years according to Minnesota Statute.

Section 1.7 - Senate District 40 Republican Committee

The term “Senate District 40 Republican Committee” (SD40-C) shall refer to the committee established and elected by the SD40 Convention, and/or officers and members properly selected to fill vacancies theron. This committee was formerly referred to as the “Full Committee”. The composition of the SD40-C is defined in the SD40 Bylaws.

Section 1.8 - Senate District 40 Executive Committee

The term “Senate District 40 Republican Executive Committee” (SD40-EC) shall refer to the SD40 officers and executive committee members as elected by a SD40 Convention, and any person duly elected to fill a vacancy in the SD40-EC. The composition of the SD40-EC is defined in the SD40 Bylaws.

Section 1.9 - Elected Officer

The term “elected officer”, unless otherwise indicated, means an officer of any committee elected at a SD40 convention and/or any officer elected to fill a vacancy in any such SD40 committee or SD40 organizational office.

Section 1.10 - Precinct Chairs

The term “precinct chairs”, unless otherwise indicated, means any such precinct officer elected at a precinct caucus, and any acting officer duly appointed to fill a vacancy in such precinct office. Typically each precinct caucus elects one or two chairs.

Section 1.11 - Chair

The term “chair” when specifying a single head of a committee shall refer to either a man or a woman.

Section 1.12 - BPOU

BPOU is a term defined in the RPM Constitution that refers to a “Basic Political Organizational Unit”. This term is used by the RPM to establish the basic operating units of the Republican Party in Minnesota. SD40 Republicans are organized as a BPOU.

Section 1.13 - Residency

No person shall act as a SD40 convention delegate or alternate, as a voting officer, committee member as a SD40 delegate to a higher level convention unless that person is a current legal resident of SD40. In likewise manner, no person may act to represent SD40 in a Congressional District capacity unless that person is also a resident of the specified Congressional District.

Article 2 - Organization

Section 2.1 - Territorial Jurisdiction

The jurisdiction of SD40 shall be limited to the geographical area situated within the boundaries of Senate District 40 as determined by Minnesota Law in accordance with the 2000 census.

Section 2.2 - SD40 is a BPOU

  • 2.2.1 - SD40 is organized as a Republican BPOU for the Senate District 40 geographical area.
  • 2.2.2 - Changing the BPOU organization of SD40 (for example to two house district BPOUs (HD40A and HD40B) may only be accomplished according to the then current RPM Constitution. Currently (as of 3/29/03) this may be done at any time, with notice in the call, by a majority vote of a properly called SD40 convention.

Section 2.3 - Authority

  • 2.3.1 - The SD40-C and any SD40 committees, sub-organizations, functions, processes or its representatives derive authority directly or indirectly from the action of a duly called SD40 Convention which is composed of the delegates and seated alternates from all precincts of SD40 as elected at precinct caucuses in even-numbered years according to Minnesota Statute and the RPM apportionment.
  • 2.3.2 - The actions and operation of any SD40 organization, sub-organization, officer or representative shall be subject to and conform to the constitution and bylaws of the RPM, and the constitution and bylaws of the respective Second and Third Republican Congressional District organizations.

If the CD-2 and CD-3 Constitutions and/or Bylaws are in conflict, then they shall:

  • First, be applied to HD40A for CD-2 and HD40B for CD-3, if possible, or
  • Second, the RPM Constitution and/or Bylaws shall be used, or
  • Third, the most restrictive interpretation between the CD-2 and CD-3 rules shall apply as necessary for those matters involving the entire SD40.

Section 2.4 - Senate District 40 Officers

  • 2.4.1 - At a minimum, there shall be elected for SD40: two chairpersons, one from HD40A and one from HD40B, two deputy-chairpersons, one from HD40A and one from HD40B, a secretary, and a treasurer. Additional officers may be elected as specified in the SD40 Bylaws.
  • 2.4.2 - The election, selection, duties and responsibilities of the SD40 officers shall be specified in the SD40 Bylaws.
  • 2.4.3 - There shall be no limit on the number of terms nor the number of years that a person may serve as an officer, provided that the person is duly elected or selected according to the SD40 Constitution and Bylaws.

Section 2.5 - Senate District 40 Republican Committee

  • 2.5.1 - There shall be a Senate District 40 Republican Committee (SD40-C) established and elected by the SD40 Convention. The SD40-C shall meet periodically (at least two times each year) and have the responsibility for setting general policy and procedures for the SD40 Republican Party. The “Senate District 40 Republican Committee” is the name of the “BPOU Committee” for the SD40 area as specified in Article XI of the RPM Constitution.
  • 2.5.2 - The composition, selection, duties and responsibilities of the SD40-C shall be stated in the SD40 Bylaws. However, in so far as possible, membership in the SD40-C shall be evenly distributed between HD40A and HD40B.
  • 2.5.3 - There shall be no limit on the number of terms nor the number of years that a person may serve as a member of the SD40-C, provided that the person is duly elected or selected according to the SD40 Constitution and Bylaws.

Section 2.6 - Senate District 40 Executive Committee

  • 2.6.1 - There shall be a Senate District 40 Republican Executive Committee (SD40-EC) established and elected by the SD40 Convention. The SD40-EC shall meet at least nine (9) times each year, and have the responsibility for directing and conducting the detailed business of the SD40 Republican Party.
  • 2.6.2 - The composition, selection, duties and responsibilities of the SD40-EC shall be stated in the SD40 Bylaws. However, in so far as possible, membership in the SD40-EC shall be evenly distributed between HD40A and HD40B.
  • 2.6.3 - Any SD40 Convention may nominate and elect any SD40 Republican resident as a voting member of the SD40-EC (per RPM Constitution, Article XI, section 2). Also, per the RPM Constitution (Article XI, Section 2), all members of the SD40-EC are automatically members of the SD40-C.
  • 2.6.4 - There shall be no limit on the number of terms nor the number of years that a person may serve as a member of the SD40-EC, provided that the person is duly elected or selected according to the SD40 Constitution and Bylaws.

Section 2.7 - Other Senate District 40 Functions

The organization, function, selection, operation and supervision of other SD40 business and responsibilities such as fund raising, search committees, RPM and Congressional District inter-changes, constitution, bylaws, rules, credentials, conventions, etc. shall be specified in the SD40 Bylaws.

Article 3 - General Provisions

Section 3.1 - Endorsement Requirements

  • 3.1.1 - Any endorsement for candidates for public office must receive at least sixty per cent (60%) of the voting strength of the endorsing Convention (SD40, HD40A or HD40B).
  • 3.1.2 - Voting strength is established by the final report of the Credentials Committee. If the call does not specify a closing time for convention registration, then voting strength is established by the last report of the Credentials Committee before each ballot.
  • 3.1.3 - Credentials Committee voting strength increases up to the delegation maximum as delegates or alternates register. Voting strength does not decrease if delegates or seated alternates leave the convention.
  • 3.1.4 - Post-Primary Endorsement by the SD40-C
    If a Primary election for a public office from SD40, HD40A, HD40B, or other public office representing areas within SD40 results in the selection of a Republican nominee other than the endorsed candidate, or if there was no endorsement of a Republican nominee prior to the primary, then a meeting of the SD40-C shall be called within ten (10) days of the certainty of the primary’s election results. The purpose of this meeting shall be to consider a post-primary endorsement. Any post-primary endorsement shall require a 60% vote of the SD40-C members present, and such vote must be greater than or equal to a majority of the total members of the SD40-C. If the public office is for a sub-area of SD40, such as HD40A or HD40B, then the persons voting for endorsement, and the 60% etc., requirements shall apply to only those members of the SD40-C that reside in the geographic area of the office under consideration.
  • 3.1.5 - Vacancies in Nominations
    In the event of death or withdrawal of an endorsed nominee for public office from SD40 or a sub-division of SD40 prior to 21 days before the general election, then the SD40-C shall meet to consider the endorsement of a substitute nominee or candidate. The call for the meeting shall be issued at least five (5) days before the meeting.
    In the event of death or withdrawal of an endorsed nominee for public office from SD40 or a sub-division of SD40 less than 21 days before the general election, then the SD40-EC shall consider the endorsement of a substitute nominee or candidate.
    In any of these cases an endorsement shall require a 60% vote of the members of the stated committee that are present, and such vote must be greater than or equal to a majority of the total members of that committee per Section 3.1.4 above.
  • 3.1.6 - Voting Equalization
    If various precincts select the number of delegates and alternates according to different proportions of the prior governor or president Republican ballot strength, then any balloting at a SD40, HD40A or HD40B Convention for endorsement for public office, and any voting for state or congressional district delegations, and any voting for Republican State Central committee representatives, and any balloting for officers of SD40 shall be proportionalized to give equal weight to a delegates vote according to their prior general election governor or president Republican ballot strength.
  • 3.1.7 - Split Delegations
    If a precinct or other delegation must be split for purposes of voting, then the number of votes assigned to any sub-precinct or sub-delegation shall be assigned according to the rules set by the RPM. If RPM rules do not apply, then the voting strength shall be set as nearly as possible to the Republican strength of the subject geographic areas according to their prior general election governor or president Republican ballot strength.
  • 3.1.8 - Residency Requirement
    No person may vote on any SD40 Republican business in order to represent a precinct or geographic area unless the person is a current resident of that area, and unless the person is a legal Republican voter according to RPM rules.

Section 3.2 - Quorum

  • 3.2.1 - A quorum for a SD40 convention is set by the rules for that SD40 Convention.
  • 3.2.2 - A quorum of 25% shall be required to transact business at a SD40-C meeting. Membership for the purposes of determining the quorum includes only officers, executive committee members, and those persons currently designated by the precincts as representatives.
  • 3.2.3 - A quorum of 51% shall be required to transact business at SD40-EC meetings.

Section 3.3 - Removal

  • 3.3.1 - A SD40 representative on a Congressional District committee, or a SD40 officer or a SD40-C or a SD40-EC or SD40 sub-committee member or appointee may be removed by a two-thirds vote of all of the voting members of the SD40-C at a duly called meeting of the SD40-C, with the removal being listed as an item on the agenda in the call, and prior notice to the person. [See the following articles in the RPM Constitution: a) Article 2, Section 5.3, b) Article XI, Section 3, and c) Article XVI, section 2.]
  • 3.3.2 - Any SD40-C officer, member or appointee may be removed or his/her resignation accepted by the SD40 Executive Committee due to failure of the person to meet the applicable residency requirement.
  • 3.3.3 - If a member of a SD40 committee (other than SD40-C) or an appointee consistently fails to attend scheduled meetings without excuse, and shows no interest in participation in SD40 affairs, then that person may be requested to resign from his/her SD40 position. Consistent absence from meetings which creates quorum problems is grounds for removal, provided that this rule must be applied equally to all such consistent absentees.

Section 3.4 - Disbursements

All disbursements of assets (money or other assets) of SD40 must have prior authorization by a majority vote of a SD40 convention, or a majority vote of a SD40-C meeting, or a majority vote of a SD40-EC meeting. Monetary disbursements must also have prior authorization by the SD40 Treasurer. Disbursement of SD40 assets (money or other assets) to any SD40 officer or individual shall only be made to reimburse the person for a valid, pre-authorized Republican Party expense.

Section 3.5 - Dues

Payment of dues shall not be required as a condition of membership or participation in any committee or activity of SD40. However, modest fees may be charged for attendance at conventions or other meetings in order to cover the expense of holding the convention or meeting.

Section 3.6 - Parliamentary Authority

The rules contained in the most current edition of Roberts Rules of Order Newly Revised shall govern all conventions and/or meetings of SD40 Republicans in all cases to which they are applicable and in which they are not inconsistent with the statutes of the State of Minnesota, the constitution and bylaws of the Republican Party of Minnesota, the constitution and bylaws of the applicable Congressional District, the constitution and bylaws of SD40, and for conventions, the rules of that convention.

Article 4 - Amendment

Section 4.1 - Senate District 40 Constitution

The SD40 Constitution may be established and/or amended by a two-thirds (66.6%) vote of the voting strength of a SD40 Convention as established by the final report of the Convention Credentials Committee. However, any proposal for amendment shall be referred to the SD40 Constitution Committee before it shall be voted upon by the SD40 Convention. Adequate notice of the proposed amendment(s) or their general nature shall be given to the SD40 Convention delegates at least ten days prior to consideration by such SD40 Convention.

Section 4.2 - Senate District 40 Bylaws

  • 4.2.1 - Establishment or Amendment by SD40 Convention
    The SD40 Bylaws may be established and/or amended by a majority vote of the voting strength of a SD40 Convention as established by the final report of the Credentials Committee. However, any proposal for amendment shall be referred to the Bylaws Committee before it shall be voted upon by the SD40 Convention. Adequate notice of the proposed amendment(s) or their general nature shall be given to the SD40 Convention delegates at least ten days prior to the SD40 Convention.
  • 4.2.2 - Amendment by SD40-C
    The SD40 Bylaws may be amended by a sixty per cent (60%) vote of those present at a SD40-C meeting. However, any proposal for amendment shall be referred to the Bylaws Committee before it shall be voted upon by the SD40-C. Adequate notice of the proposed amendment(s) or their general nature shall be given to the SD40-C members at least seven days prior to consideration at a SD40-C meeting. If a subsequent SD40 Convention over-rules such SD40-C amendment, then the SD40 Convention version shall not be further challenged by the SD40-C during that term of office.

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