RULES AND BYLAWS

of the

AMERICA’S PARTY of TEXAS

ARTICLE I – NAME

The name of this organization shall be the “America’s Party of Texas”,

hereinafter referred to as the “Party.”

ARTICLE II – PURPOSE

The purpose for which the Party is organized is to support the principles,

platform and goals of the Party within the Great State of Texas. This includes

but is not limited to:

  • Affiliating with the America’s Party nationally;
  • Promoting educational activities that support Equal Protection for all,

Liberty and the Constitutions of the United States and Texas;

  • Nominating and supporting candidates at the Federal, State and local

levels across Texas;

  • Establishing county level organizations across Texas; and
  • Working as a meta-party to support these purposes alongside anyone

else, regardless of political affiliation.

ARTICLE III – MEMBERSHIP

III.1 – Voting Membership

A person is eligible to be a Voting Member of the Party if the person:

  • Is a qualified Texas voter;
  • Has a signed the Personal Affiliation Agreement

(http://www.selfgovernment.us/affiliate.html); and

  • In accordance with Texas law, has not affiliated with another political

party since the last November general election.

III.2 – Non-Voting Membership

A person is eligible to be an non-Voting Affiliate Member of the Party if the

person has signed the Personal Affiliation Agreement but is not otherwise

eligible to be a Voting Member as outlined in Article III.1.

III.3 – Eligibility for Party Leadership

A person is eligible to be elected to a position of Statewide leadership within

the Party or nominated to represent the Party on the ballot, if the person

meets all the qualifications outlined in Article III.1 and:

  • Has signed the Leadership Pledge

(http://www.selfgovernment.us/leadership-pledge.html); and

  • Done nothing in violation of said Leadership Pledge.

III.4 – Endorsements for Public Office of non-Voting Members

A person is eligible to be Endorsed for public office as a non-Voting Member

while appearing on the ballot representing another political party in Texas, if

they meet the qualifications outlined in Article III.2 and:

  • Has signed the Leadership Pledge

(http://www.selfgovernment.us/leadership-pledge.html); and

  • Done nothing in violation of said Leadership Pledge.

III.5 – Party Dues

Dues will not be a requirement for membership, non-voting membership or

leadership in the Party.

III.6 – Termination of Party Membership, Leadership or Endorsement

A person ceases to be eligible for Party Membership, Leadership or

Endorsement for Public Office, if it can be demonstrated by multiple

witnesses that they have violated the principles of the Personal Affiliation

Agreement or the Leadership Pledge, depending upon the applicable

standard.

III.7 – Other Classes of Membership

The State Executive Committee shall have the authority to create, eliminate

or modify other classes of membership as they see fit. Such classes shall not

grant any preference or privilege regarding strength of votes or the manner of

voting.

III.8 – Membership Generally

All Members, and all Members of additional classes created by the State

Executive Committee, shall be considered Members of the Party.

ARTICLE IV – PARTY ORGANIZATION

IV.1 – State Executive Committee

IV.1.a – Composition

The State Executive Committee shall be composed of:

  • A Chair;
  • A Vice Chair;
  • A Secretary;
  • A Treasurer;
  • Up to two Representatives from each of the organized Regions of

Texas, with the maximum number of Regions allowed equal to the 31

State Senatorial Districts; and

  • Appointed Members of the America’s Party National Affiliations

Committee

IV.1.b – Selection and Terms of Office

  • The Chair, Vice Chair, Secretary and Treasurer shall be elected by

majority vote at the State Convention held during Gubernatorial

Election years.

  • The two Representatives from each organized Region shall be elected

by majority vote of the delegates from that Region in attendance at the

State Convention, while in a Regional caucus.

  • If such a caucus fails to elect a Representative to the State Executive

Committee, the State Executive Committee may fill that office.

  • The Term of Office for the Chair, Vice Chair, Secretary and Treasurer of

the State Executive Committee shall be from the conclusion of a State

Convention held during Gubernatorial Election years, until the

conclusion of the State Convention that is held during the next

Gubernatorial Election year.

  • The Term of Office for the Regional Representatives shall be from the

conclusion of a State Convention, until the conclusion of the next State

Convention.

  • In the event of a vacancy, the State Executive Committee may appoint a

successor for the remainder of the appropriate term.

IV.1.c – Removal from Office for Cause

A member of the State Executive Committee may be removed from Office

for Cause by a two-thirds majority vote of the rest of the Committee. Said

Cause must be presented by a minimum of two witnesses and should follow

the guidelines of Article III.6 and Parliamentary procedures, including but not

limited to:

  • The adoption of a resolution outlining specific charges;
  • The setting of a specific State Executive Committee meeting for a trial;

and

  • The holding of said trial for the accused.

IV.1.d – Duties of the State Executive Committee

  • The State Executive Committee shall abide by the Party rules and

follow Robert’s Rules of Order Newly Revised, so long as they are in

accordance with State law;

  • May make any additional rules, by-laws and policies necessary for the

functioning of the Committee, so long as the additional rules, by-laws

and policies are not in conflict with these Rules;

  • Shall call and organize all State Conventions;
  • Shall carry on the activities of the Party on the statewide level between

conventions, and shall have control and management of all Party affairs,

funds and accounts on the statewide level;

  • With the approval of the State Executive Committee, the State Chair

may appoint, elect or employ any such officers and assistants as may be

deemed necessary to assist the State Executive Committee in its duties,

functions and in making arrangements for any State Conventions.

IV.1.e – Qualifications of State Executive Committee Members

  • All State Executive Committee Members shall meet the qualifications

of Article III.3; and

  • Shall be residents of the region or political subdivision they represent,

and if they move their residence out of the region or political

subdivision they represent, it shall cause an immediate vacancy in the

office held.

IV.1.f – Meetings of the State Executive Committee

  • The State Executive Committee shall meet as required by:
  • these rules;
  • the action of the State Convention;
  • the call of the Chair; or
  • the written request of two-thirds of the membership of the

Committee.

  • Minutes or a transcript shall be taken at all meetings of the Committee

and a written copy shall be transmitted to each of the members of the

Committee within thirty days after the meeting.

  • The State Executive Committee may meet, without meeting in-person,

vote and transact business via electronic means. Notice of said meetings

must be made at least one week in advance and must include an agenda.

  • No in-person meeting of the State Executive Committee shall be held

outside the Great State of Texas.

  • Notice of the time and place of in-person meetings of the State

Executive Committee must be made at least 30 days in advance.

IV.1.g – Quorum

A majority of the State Executive Committee, excluding vacancies, shall

constitute a quorum at all meetings, except as specifically provided otherwise

in these Rules.

IV.1.h – Expenditures

  • Authorization of expenditures shall require a majority vote of the State

Executive Committee.

  • Disbursement of funds shall require the approval of either the Chair or

the Treasurer.

  • The State Executive Committee shall not take out loans nor incur credit

card debt.

IV.2 – County Executive Committees

IV.2.a – Organized Counties

  • In each organized County, there shall be a County Executive Committee

composed of a County Chair and any other positions as the Membership

of that County may designate in their County by-laws. Any Party

officials serving on a County Executive Committee, except the County

Chair, must be appointed or elected according to the County by-laws

that are drafted and approved by the Voting Members of the County,

and said County by-laws are subject to rejection by the State Executive

Committee.

  • Members of a County Executive Committee shall be elected at County

Conventions in even-numbered years and will serve for two year terms,

from the conclusion of the convention until the end of the following

convention.

  • County Chairs are required to submit any changes in rules to the State

Party Secretary upon adoption of any changes to the County by-laws.

  • In the absence of County by-laws, the State Executive Committee has

the authority to recognize a County Chair of it’s choosing in the event

of a dispute.

IV.2.b – Appointment of Temporary County Chairs

The State Chair, or his designate, may appoint a Temporary County Chair for

any County not yet organized. Said Temporary County Chairs may serve until

their County formally adopts County by-laws and elects it’s own Chair.

Temporary County Chairs will serve at the pleasure of the State Executive

Committee and may be removed for any reason deemed proper.

IV.2.c – Precinct Chairs

In Counties without rules specifying a procedure for the selection of Precinct

Chairs, the County Executive Committee shall select the Precinct Chairs. The

State Chair shall be notified of any Precinct Chairs selected in these Counties

as quickly as possible and these notifications shall include the name, address,

phone number and email address of the Precinct Chairs selected.

IV.2.d – Qualifications of County and Precinct Leadership

  • It is preferred that all elected County Executive Committee members

and all Precinct Chairs should meet the qualifications of Article III.3;

and

  • It is required that all elected County Executive Committee members

and all Precinct Chairs be Voting Members of the Party.

IV.3 – Primary Election

The Party shall not hold a Primary Election, unless required to by State law.

Instead, the Party shall utilize the convention system outlined in State law for

the selection of all candidates who will represent the Party in any partisan

elections held in the Great State of Texas.

ARTICLE V – PARTY CONVENTIONS

V.1 – Precinct Conventions

  • A Precinct Convention will be held in even numbered years, in

accordance with these Rules.

  • Each Precinct Convention shall automatically elect all participants

thereof to be delegates to the County Convention:

  • Only Voting Members of the Party will be allowed to participate in

the Precinct Conventions or be elected to the County Convention.

  • Affiliate Non-Voting Members may present information, record the

proceedings and contribute to any aspect of the Precinct Convention,

except for voting or selection to the County Convention.

  • A person otherwise qualified need not be present at the Precinct

Convention in order to be elected as a delegate to the County

Convention.

  • The list of all eligible Precinct Convention participants, along with

their contact information and any other information required by the

Texas Election Code, shall be immediately submitted to the State

Executive Committee’s Secretary in any year in which the Party is

seeking ballot access.

V.2 – County Conventions

V.2.a – County Convention

  • A County Convention shall be held in even numbered years, in

accordance with the Texas Election Code.

  • The County Convention shall be composed of all duly elected delegates

from the Precinct Conventions held that year.

  • The County Convention shall elect delegates to the State Convention

and any appropriate District Conventions:

  • Only Voting Members of the Party will be allowed to participate in

the County Conventions or be elected to represent the County at the

State or District Conventions.

  • Affiliate Non-Voting Members may present information, record the

proceedings and contribute to any aspect of the County Convention,

except for voting or selection to the State or District Conventions.

  • A person otherwise qualified need not be present at the County

Convention in order to be elected as a delegate to the State or

District Conventions.

  • A County Convention may select alternates to the State Convention,

not to exceed the delegate total allocated to the County.

V.2.b – Combined Conventions

Each County Executive Committee, or Temporary County Chair in any

unorganized counties, may choose, with the consent of the State Executive

Committee, to combine Precinct and County Conventions into a single event.

This combined convention shall be held at the time normally proscribed for

the Precinct Convention.

V.3 – District Conventions

  • A District Convention shall be held in even numbered years for each

district which is made up of more than one county or parts of more than

one county, in accordance with Texas Election Code. This will not

apply, if there are no candidates who filed with the State Chair for

nomination for public office in the District.

  • The District Convention shall be composed of all delegates who were

duly elected by their County Conventions of that year.

  • The State Executive Committee Secretary shall notify each of the

County Chairs in the District in a timely fashion that they shall

constitute a District Executive Committee for each District in which

there are candidates who have filed with the State Chair for nomination

for public office in the District. The letter shall contain:

  • A list of Districts that will need to be constituted and the Counties

that comprise them;

  • The names, addresses and phone numbers of the County Chairs in

each District; and

  • A list of the candidates who have filed for each District.
  • The District Executive Committee shall determine the time and location

for the District Convention.

V.4 – State Conventions

V.4.a – Composition and Dates Held

  • A State Convention shall be held in even numbered years in accordance

with these Rules.

  • The State Convention shall be composed of all delegates who were duly

elected by their County Conventions of that year.

V.4.b – Committees of the Convention

  • A Platform Committee, which shall consider and report to the

Convention any amendments to the Party Platform;

  • A Rules Committee, which shall consider and report to the Convention

any amendments to the Party Rules;

  • A Credentials Committee, which shall consider and report to the

Convention any recommendations for resolution of any challenges to

the credentials of any delegates to the Convention; and

  • Any other committees that the State Executive Committee may deem

proper to establish.

V.4.c – Committee Membership

The members of all committees at the State Convention shall be appointed by

the State Executive Committee no later than one month before the

convention. Members shall be notified immediately.

V.4.d – Officers of the Convention

  • The State Chair may designate such temporary officers and assistants as

deemed necessary to assist in planning, arranging and conducting the

preparations for the Convention, until permanent officers are elected by

the Convention.

  • The Permanent Officers of the Convention shall be a Chair, Secretary

and any other officers elected by the Convention.

  • The Parliamentarian of the Convention shall be chosen by the State

Executive Committee beforehand.

V.4.e – Election of Presidential Electors

  • The State Convention in Presidential Election years shall elect a

number of Presidential Elector candidates equal to the total number

Senators and Representatives to which Texas is entitled to at that time.

  • Any Voting Member of the Party, as described in Article III.1, who does

not hold any office of profit or trust under the United States shall be

eligible to be a Presidential Elector candidate.

  • If for any reason the State Convention cannot or does not select a

complete slate of Presidential Elector candidates, the State Executive

Committee shall select however many Presidential Electors are needed

to complete the requirement under the Constitution.

  • Each Presidential Elector shall sign the appropriate affidavit with the

State Executive Committee attesting to their support of the Party’s

Presidential and Vice Presidential nominees. If any Elector candidates

are unable or unwilling to sign the affidavit or fail to supply it within a

reasonable period of time, they shall be subject to removal and the State

Executive Committee shall select a replacement.

V.4.f – Election of National Convention Delegates

  • The total number of delegates, and their qualifications, to any national

convention shall be determined by the National Affiliations Committee.

  • If such a call for a national convention should occur at a time when it is

not possible for a State Convention to select the delegates, the State

Executive Committee shall select the delegates.

V.5 – General Rules Governing Party Conventions

V.5.a – Governing Authority

  • These Rules shall govern all proceedings and the conduct of all

meetings of all Conventions and committees and caucuses at

Conventions at all levels.

  • Unless otherwise provided for by the Constitution of the United States,

the Constitution of the State of Texas, the statutes of the United States

or the State of Texas, or these Rules, the current edition of Robert’s

Rules of Order Newly Revised, which is hereby adopted by reference,

shall be the parliamentary authority governing all conventions and

meetings of the Party at all levels.

  • Any Convention may make any additional Rules for its conduct and

proceedings which do not conflict with state law or these Rules.

V.5.b – Eligibility to Vote

  • All delegates at any Convention shall be eligible to vote on all matters

before the floor of the Convention, except for district or regional

causes.

  • All delegates shall have one vote.
  • In order to vote, a delegate must be present at the time the vote is taken.
  • In accordance with Article III.1, a person must be a Voting Member of

the Party in order to be a delegate of a Convention.

V.5.c – Quorum

A majority of the delegates registered to attend a Convention, shall constitute

a quorum.

V.5.d – Voting Procedures

  • Unless otherwise provided elsewhere in the Rules, Conventions,

caucuses and committees of the Party may use any of the following

methods of voting:

  • Voice vote;
  • Show of hands;
  • Division of the house;
  • Written secret ballot; or
  • Roll call vote.
  • A roll call vote must be taken when requested by at least 20% of the

participants.

  • Unless otherwise provided, the presiding officer shall decide the

method of voting.

  • All votes shall be counted by the presiding officer and the secretary.
  • If a roll call vote is taken, polling shall be by alphabetical call of all

registered delegates in attendance.

  • Proxy voting is prohibited, with the exception of meetings of the State

Executive Committee.

  • The unit rule is prohibited.

V.5.e – Limits on Discussion

  • No delegate may speak for more than 5 minutes on any one motion at

any Convention. Except for delegates presenting any Committee reports

to the Convention, in which case they are limited to 10 minutes, plus

any time required to answer questions related to the report from any

delegate.

  • Discussion on any motion may not exceed 30 minutes.

V.5.f – Committees and Committee Reports

  • The Chair of a Committee at a Convention shall be its presiding officer.
  • The vote of a majority of the Committee members that are present shall

be necessary for passage of any proposal to the floor of the Convention.

  • Committee members must be present to vote.
  • A quorum shall consist of a majority of the Committee’s voting

membership, excluding vacancies.

  • Any delegate of the Convention may appear before a Committee and

make proposals for the Committee’s consideration.

  • A Committee may make reasonable requirements that govern the time

and manner of such proposals, including:

  • A requirement that proposals be submitted in writing to the Chair of

the Committee;

  • Requirements may not include a deadline that is more than 72 hours

prior to the committee’s first meeting during a Convention; and

  • Requirements may not be made in such a manner as to be too late to

comply.

  • A Committee may convene via electronic means of communication

prior to the beginning of a Convention, but may not prevent any

Convention delegates from presenting to the Committee by failing to

meet during a Convention.

  • The Chair of a Committee, or the designee of the Chair, shall report on

the Committee’s recommendations on the floor of the Convention.

  • The Convention Chair shall preside over any debating and any votes

taken on the Committee’s recommendations.

  • Any Committee may also issue minority report(s) and these report(s)

must be provided equal consideration by the Convention Chair.

  • Platform Committee reports must be considered and voted on a plank

by plank basis, unless there are no proposed changes to the current

platform.

V.5.g – Platform Committee Procedures

The Platform Committee must consider and vote on each proposed plank or

amendment separately.

V.5.h – Nominations for Party and Public Office

  • In accordance with state law, no person may be a nominee of the Party

for any Public Office who has not filed an application with the Party to

be nominated for that office.

  • If a candidate who has made an application to be nominated withdraws,

dies, or is declared ineligible, the filing deadline for applications for

nomination for that office is reopened and extended until midnight, the

day before the date of the Convention at which the nominee for that

office is chosen.

  • All nominations for Public Office shall be made from the floor of the

Convention.

  • The motion to close nominations shall require a two-thirds vote.
  • No person may be nominated for any Public or Party Office who:
  • is ineligible to serve in that office; or
  • has not expressed a willingness to accept the nomination of the Party

for that office.

  • The State Executive Committee may choose to provide an option for

the Convention to vote on, in any race for Public Office that there is a

candidate worthy of the Party’s endorsement who will appear on the

ballot as an independent or as the nominee of another Party. This may

be done even if there is a candidate or candidates seeking the Party’s

nomination for said Public Office. If such an option is approved by the

Convention, then the Party may decide to not nominate a candidate for

said Public Office and shall instead publicly endorse the worthy

candidate.

  • Statewide candidates for Public Office may only be nominated at the

State Convention in the year in which they will appear on the ballot.

V.5.i – Balloting Procedures for Party and Public Office

  • Candidates for Party and Public Office shall be selected by majority

vote of the delegates present at the time of balloting at the appropriate

Convention.

  • If there are more than one Candidates for a Party or Public Office and

none receive a majority on the first vote, then the candidate receiving

the fewest votes will be dropped for the second ballot, and this will

continue until there is a winner.

  • After each ballot, the presiding officer shall announce the vote totals

and the names of the candidates who remain for the subsequent round.

  • In voting on the candidates for Public Office, the offices shall be

considered in reverse order in which they appear on the general election

ballot.

  • If the State Executive Committee deems it appropriate, the candidates

for Party and Public Office who are nominated by the Convention may

provide acceptance speeches in the order in which voting occurs.

  • A Convention may decline to nominate a candidate to represent the

Party for any Public Office, even if there are candidates seeking the

Party’s nomination for that office.

  • A Convention may decline to nominate a candidate for Party Office,

even if there are candidates seeking the Party’s nomination for that

office. In which case, the position will be declared vacant and shall be

filled as provided elsewhere in the Rules, although none of the persons

who sought the office may be considered for that term.

ARTICLE VI – ADOPTION AND

PUBLICATION OF THE RULES

VI.1 – Adoption of the Rules

These Rules, having been filed with the Secretary of State of Texas, together

with the statutes, rules, and bylaws adopted by reference shall constitute the

Rules of the Party and shall take immediate effect.

VI.2 – Amendments of the Rules

VI.2.a – Amendment by State Convention

These Rules, required or authorized by state law, may be changed only by

action of a State Convention, such action reflecting a two-thirds (2/3)

majority of votes cast by delegates present and voting. When any change is

made a certified copy of the changes shall be filed with the Secretary of State

not later than thirty (30) days following their adoption.

VI.2.b – Amendment by State Executive Committee

The State Executive Committee may by three-fourths (3/4) vote renumber,

modify formatting and spacing as long as the meaning and intent does not

change. Notification must be provided to all County Executive Committees

in a timely fashion after any successful vote of these changes.

VI.2.c – Temporary Amendments

The State Executive Committee may by three-fourths (3/4) vote make

Temporary Amendments, provided:

  • Any such Amendments are presented as proposed changes at the next

State Convention;

  • All members of the State Executive Committee receive a copy of the

proposed Temporary Amendments at least 2 weeks prior to any meeting

held to consider and vote on said Temporary Amendments; and

  • All such Temporary Amendments are only held in effect until the

conclusion of the next State Convention, unless approved during said

Convention.

VI.3 – Effective Date of Permanent Rules Changes

Any permanent Rules changes approved during a State Convention take

effect at the conclusion of said Convention, except for changes pertaining to

the selection of candidates or nominees for Public Office which do not take

effect until the beginning of the next election cycle.

VI.4 – State Chair Responsibilities

The State Chair shall be responsible for ensuring that updated Rules are

delivered to the Texas Secretary of State for review within thirty (30) days

following the adoption of any temporary or permanent amendments.

Certification

It is hereby certified that this is a true and correct copy of the rules of

America’s Party of Texas currently in effect as adopted by the America’s

Party of Texas Executive Committee meeting on January 30th, 2018.