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Constitution
of the America First Party

(As adopted by the National Committee on August 8, 2002 in Orlando, Florida; as amended by the National Committee on October 7, 2003; as amended by the National Committee on October 25, 2003; as amended by the National Committee on November 30, 2004; as amended by the National Committee on April 14, 2009; as amended by the National Committee on October 27, 2009.)

Article I. Party Name

Section 1: The name of this Party shall be the America First Party.

Article II. Purpose of the Party

Section 1: The purpose of the America First Party shall be:

(a) To promote the Mission Statement of the America First Party;

(b) To promote the platform and principles of the party and to develop and promote policy positions consistent with these;

(c) To nominate candidates for President and Vice President of the United States of America and to assist in their election;

(d) To assist the affiliated state parties in the furtherance of these objectives and in the election of their local and state candidates for public office;

(e) To assist the party's elected officials in the furtherance of the mission, principles and platform of the America First Party;

(f) To raise and expend monies for the successful operation of the America First Party; and

(g) To assure that, in the furtherance of these goals, the highest ethical standards are adhered to by all party officers and public officials.

Article III. National Committee

Section 1: The National Committee shall be the final governing authority of the party, and shall have all power to conduct the affairs of the Party under the provisions and by the authority of the Constitution, the Mission Statement, the Founding Principles, and the Platform of the Party.

Section 2: Meetings of the National Committee shall be called:

(a) By resolution of the National Committee setting the time, date, and place of the meeting;

(b) By two-thirds vote of the Operating Committee setting the date, time, and place of the meeting; or

(c) By written petition of one quarter of the members of the National Committee specifying the date, time and place of the meeting.

Section 3: Notice of meetings of the National Committee shall be such that:

(a) When called by resolution of the national committee, no additional notice shall be required;

(b) When called by the Operating Committee or by written petition of the membership, a notice of at least seven days for a teleconference meeting, and 30 days for an in-person meeting, shall be provided to the members of the National Committee;

(c) When called to meeting during the National Convention, and on the day prior thereto, and on the day of the adjournment thereof, short notice by publication in a prominent place at the site of the convention, and upon the door of the meeting room shall be posted, and no additional notice shall be required.

Section 4: A Quorum shall consist of a majority of all the members of the National Committee.

Section 5: At any such time as shall be required by the Operating Committee, each Member of the National Committee shall execute the following statement: "I hereby state that I desire to continue to serve the Party as a member of the National Committee"; failure by such person to deliver to the Operating Committee such signed declaration within thirty days upon being notified of such requirement, shall render the position on the National Committee automatically vacant; and such person's name shall be deemed stricken from the Certified List of National Committee Members.

Section 6: Whenever a vacancy shall exist in the National Committee, whether through death or by written, signed resignation delivered to the National Secretary, the National Secretary shall provide notice to the National Committee of such vacancy, and such person's name shall be deemed stricken from the Certified List of National Committee members.

Section 7: Whenever a member of the National Committee shall be absent from either a) three consecutive meetings of the National Committee at which a quorum was present, or b) five consecutive meetings of the National Committee, properly called by the Operating Committee or by the National Committee, whether quorum be attained or not, such person's name shall be deemed stricken from the Certified List of National Committee Members.

Section 8: The members of the National Committee shall be only those persons whose names appear upon the Certified List of the National Committee Members, less those persons who have tendered resignations in writing, have failed to provide the required statement as described hereinabove, or who are deceased. Only such members as described herein above, shall be eligible to vote or otherwise participate in the business of the National Committee.

Section 9: Each affiliated State Party shall be entitled to select two members to serve upon the National Committee. National Committee members from a given state must be members of, and chosen by, a single state party. The members shall be registered by the State Chairman with the Secretary.

Section 10: The National Committee shall, from time to time, adopt and/or amend the Certified List of the National Committee Members. Such adoption or amendment shall be by unanimous consent, or approval by a majority of all the members of the National Committee, whichever may be more practical to obtain.

Section 11: No amendment to insert a name onto the Certified List of Members of the National Committee shall be entertained unless the Committee shall first have 30 days notice thereof, during which time the members may interview the candidate, and shall receive recommendations from the Rules Committee and the Platform Committee as to the suitability of the candidate; but this requirement may be waived for good cause by unanimous consent.

Section 12: Whenever an unaffiliated state organization shall petition for affiliation by submission of the names of its candidates for membership upon the National Committee, no amendment to insert such candidates onto the Certified List of Members of the National Committee shall be entertained unless the Committee shall first have 60 days notice thereof, and unless the candidates for membership first appear at an in-person meeting of the National Committee; but this requirement may be waived for good cause by three fifths vote of all the members of the National Committee.

Section 13: Any person whose membership on the National Committee is pending under the foregoing provisions shall be permitted, at the pleasure of the Chair, to attend and participate, but not vote, at meetings of the National Committee.

Section 14: The National Committee shall have the authority to create and abolish such committees, organizations, and clubs as it shall deem necessary and proper for the conduct of the party's business; to determine the qualifications for membership therein and set the membership thereof; and to provide for the administration and management of the affairs thereof.

Section 15: The National Committee shall have the sole authority to determine its membership, and shall have the power to place and/or retain upon the Certified List of National Committee Members only such persons as, in its judgment, possess the requisite qualifications for membership, and to remove such persons as do not. Qualifications for membership on the National Committee shall include:

(a) Election in accordance with all applicable national and state party rules and state and federal election laws;

(b) Membership in the affiliated State Party;

(c) Support for the platform of the party, its mission statement and its founding principles;

(d) Obedience to the rules of the party, and to any "Code of Conduct" as may have been adopted by majority vote of all the members of the National Committee;

(e) Faithful execution of the duties of the office; and

(f) Upright moral character and behavior that is a credit to the party.

Section 16: The National Committee shall have the affirmative duty to protect the interests of the Party, its principles, and its platform, and to exercise discipline over its members, officers, and delegates; and shall have the authority to adopt by majority vote of all the members of the National Committee a "Code of Conduct" for all such persons; and whenever it shall appear that the conduct of any such person shall be in conflict with the provisions of this Constitution, the rules, or the "Code of Conduct" adopted by the National Committee, or the best interests, prospects for success, or good order of the Party, the National Committee shall have the authority to decide such matters and take disciplinary action, up to and including removal from office or from the National Committee as provided in this Constitution.

Section 17: The National Committee shall not confer any award, recognition, or honorific title, unless such shall be approved by a two-thirds vote of the National Committee; and any such resolution may be repealed by majority vote of the National Committee.

Section 18: The National Committee shall have the authority to rescind a nomination made at a Convention by three quarters vote of the National Committee.

Section 19: After the adjournment of any nominating Convention, the National Committee shall have the authority to fill any vacancy in the nominations for the offices of President and Vice-President of the United States of America.

Section 20: The National Committee may, outside of any meeting, exercise its authority a) to amend the Certified List of National Committee members or to amend this Constitution by the written consent of three fifths of all its members, or b) in any other matter by the written consent of a majority of all its members as follows:

(a) Resolutions shall be submitted to the National Committee for written consent by a majority vote of the Operating Committee or upon the written petition of one quarter of the members of the National Committee. Such written petitions shall be filed with the Secretary;

(b) Action by written consent shall have the same force and effect as a Resolution adopted at a meeting of the National Committee;

(c) The Secretary shall provide the resolution to the members by electronic mail, fax, or postal mail as appropriate. The Secretary shall tally only such votes as he receives by fax or postal mail within 14 days of the Secretary's publication of the resolution, and which bear the signature of the member and the date of execution. At any such time as a resolution shall receive the affirmative vote of the required majority or three-fifths of all the members, as the situation may require, the Secretary shall immediately proclaim the results of the vote and declare the resolution adopted; and

(d) The Secretary shall provide interim reports and a final report of the voting to the members by electronic mail. The Secretary shall also prepare minutes that contain the text of the resolution and the roll call vote, and shall submit such minutes for approval at the next meeting of the National Committee.

Article IV. The National Convention

Section 1: The National Committee shall be responsible to arrange and call the National Convention of the America First Party, and may do so whenever it deems it necessary and prudent.

Section 2: The National Convention shall be responsible for adopting and maintaining a party platform, and in the appropriate years, nominating candidates for the offices of President and Vice-president of the United States of America, and any other business as shall be assigned by the National Committee.

Section 3: Thirty day written notice of the time, date, and place of the National Convention shall be provided to the State Chairmen of the affiliated State Parties and the members of the National Committee.

Section 4: The National Committee shall serve as the credentials committee to the National Convention.

Section 5: The delegates to the National Convention shall be:

(a) The members of the National Committee from each state;

(b) The members of the Operating Committee;

(c) Each elected municipal, county, state, and federal official who is a member of the affiliated State Party, and has publicly proclaimed such;

(d) An additional number of delegates elected by each state party equal to the number of congressional districts within the respective states.

Section 6: Each state, in conformance with state party bylaws and state law, shall be entitled to elect or appoint alternate delegates equal in number to that of the congressional districts within the respective states, and any such alternate delegate may be seated only as a replacement for a congressional district delegate who surrenders the position by resignation or inability to attend.

Section 7: The State Party chairman, or his designee, shall be responsible to report to the Secretary or such other person as the National Committee shall designate the names of the delegates and alternate delegates from the respective state prior to the start of the Convention; and no person may be seated as a delegate to the Convention whose name was not so reported by the time of the adoption of the credentials report by the Convention, unless specifically authorized by the National Committee.

Section 8: The Secretary or other proper person shall deliver the delegate registrations to the National Committee, which shall prepare and adopt a delegate credentials report.

Section 9: The National Committee shall designate the Secretary or some other proper person to deliver the Credentials Report to the National Convention for adoption and amendment at the start of said Convention. Only those persons who are listed in the Credentials Report, as presented, amended, or adopted, and who have signed in at the Convention and been issued voting credentials, shall be deemed delegates under this Constitution.

Section 10: In the event that the National Committee shall neglect to prepare and adopt a delegate Credentials Report, the Secretary shall prepare and transmit to the National Convention a Credentials Report for consideration, amendment, and adoption.

Section 11: A quorum of a session of the National Convention shall be a majority of all Delegates.

Article V. Officers

Section 1: The officers of the National Committee shall be the chairman, the vice-chairman, the secretary, and the treasurer.

(a) The officers shall be elected by majority vote of the National Committee at its first in-person meeting in the last half of each odd-numbered year; but if such meeting shall fail to achieve a quorum, said elections shall be held at the next meeting of the National Committee;

(b) New officers shall take office immediately upon their election.

(c) The officers shall serve a term of two years or until their replacements are elected.

(d) The National Committee may elect any member of any affiliated State Party to serve as an officer.

(e) The officers shall be ex-officio members of the National Committee, and shall be counted for the purposes of determining quorum at the meetings thereof.

(f) Any officer may be removed by majority vote of all the members of the National Committee.

(g) The officers of the National Committee shall also serve as the officers of the Party and of the National Convention.

Section 2: The Chairman shall preside over meetings of the Operating Committee, National Committee and National Convention and act on behalf of the Party to carry out the resolutions of the Operating Committee, the National Committee and the National Convention subject to the provisions of this Constitution. The National Chairman shall serve as a spokesman for the Party, and shall suggest direction and provide leadership for the consideration of the National Committee.

Section 3: The Vice Chairman shall assist the Chairman in the operation of the Party and assume the duties of the Chairman in his absence or incapacity.

Section 4: The Secretary shall have custody of the official copy of this Constitution, and any other rules adopted by the party; attend all meetings and record the proceedings of such meetings including, at a minimum, all actions taken by the Operating Committee, the National Committee and the National Convention; maintain the records (except financial) of the Party; provide official notice of all meetings of the Operating Committee, the National Committee and the National Convention; perform other duties as may be assigned by the Operating Committee.

Section 5: The Treasurer shall have custody of the Party funds and shall keep full and accurate records thereof in books belonging to the Party; deposit all monies and other valuable effects to the name and to the credit of the Party in such depositories as may be designated by the National Committee; prepare and file required federal reports; disburse funds in accordance with the resolutions of the Operating Committee, the National Committee and the National Convention subject to the provisions of this Constitution; report on the financial status of the Party at each meeting of the Operating Committee, the National Committee and the National Convention.

Section 6: The Chairman shall be ex-officio a member of all Party committees.

Section 7: The National Chairman shall not exercise a vote in any meeting of the National Committee or the National Convention except in such case as is necessary to break a tie.

Section 8: Each Officer shall execute and submit to the resolutions of the Operating Committee and the National Committee, and to the provisions of the Constitution.

Section 9: Whenever an Officer shall be absent from either a) three consecutive meetings of the National Committee at which a quorum was present, or b) five consecutive meetings of the National Committee, properly called by the Operating Committee or by the National Committee, whether quorum be attained or not, his Office shall be deemed vacant due to non-attendance.

Section 10: Whenever a vacancy shall exist in one of these Offices, whether through non-attendance as described hereinabove, by death, or by written, signed resignation delivered to the National Secretary, the National Secretary shall provide notice of such vacancy to the National Committee. The National Committee may elect a replacement in the case of such vacancy.

Article VI. Operating Committee

Section 1: The Operating Committee shall be responsible for conducting the day to day business and affairs of the Party, between meetings of the National Committee. The Operating Committee shall at all times be subject to, and comply with, the Constitution and the direction of the National Committee.

Section 2: The Operating Committee shall be composed of the Officers and Chairmen of the Standing Committees.

Section 3: In the event of a vacancy in the position of a Standing Committee Chairman or party Officer, such vacancy may be filled by election at a meeting of the National Committee, or by election by written consent; but in the latter case, the Operating Committee shall provide a procedure for receiving nominations and conducting the election by mail-in balloting; provided, that in any election to fill a vacancy in any position, such election shall be only for the remainder of the term as described herein.

Section 4: The Operating Committee shall meet as necessary to conduct the required business of the Party. Operating Committee meetings may be called upon action of the Chairman or upon action of any three Operating Committee Members. The Operating Committee may conduct its meetings in person or by teleconference, with reasonable notice being provided therefore.

Section 5: The Operating Committee may conduct business by electronic mail, as follows:

(a) Any three members may propose a resolution, which they shall submit to the Secretary;

(b) The Secretary shall transmit the same to all the members of the Operating Committee, and shall collect and publish the votes thereon;

(c) The Secretary shall prepare minutes reflecting the text of the resolution, together with the roll call vote thereon, and shall submit such minutes to the Operating Committee for adoption at its next meeting.

Section 6: A quorum of the Operating Committee shall be a majority of its members.

Article VII. Standing Committees

Section 1: There shall be seven Standing Committees of the National Committee: Rules, Platform, Party Building, Finance, Public Relations, Candidates, and Ballot Access.

Section 2: The Rules Committee shall be responsible for developing and proposing amendments to this Constitution; developing and proposing other procedural rules, including amendments thereto, for the conduct of the party; working with various affiliated State Parties in development and adoption of their state party rules; and other such duties as the National Committee may assign.

Section 3: The Platform Committee shall be responsible for reviewing, developing, and proposing platform and policy for adoption by the National Convention.

Section 4: The Party Building Committee shall be responsible for developing for National Committee approval and implementing strategies to build and maintain the party as a major national political party; and working with the various State Parties to build and maintain the party as a major political party within each state.

Section 5: The Finance Committee shall be responsible for fundraising at the national level; developing for National Committee approval and implementing budgets for party operations; assisting the Treasurer in the performance of assigned duties; and advising the various State Parties regarding fundraising and other financial issues.

Section 6: The Public Relations Committee shall be responsible for developing for National Committee approval and implementing strategies for interfacing with the media and the public; and developing media contacts nationwide.

Section 7: The Candidates Committee shall be responsible for developing for National Committee approval and implementing strategies to assist the state parties in the recruitment and election of candidates for local, state, and federal office.

Section 8: The Ballot Access Committee shall be responsible for developing for National Committee approval and implementing strategies to assist the state parties in the acquisition and maintenance of statewide ballot access.

Section 9: Each Standing Committee Chairman shall be elected by majority vote of the National Committee at its first in-person meeting in the last half of each odd-numbered year, and shall serve until the election of his replacement.

Section 10: The members and any additional officers of each standing committee shall be appointed by the Chairperson of such Standing Committee or by the National Committee.

Section 11: Each Standing Committee shall be subject to the provisions of this Constitution and the directives of the National Committee.

Section 12: Each Standing Committee shall meet as necessary to conduct the required business of said Standing Committee. Standing Committee meetings may be called upon action of the Standing Committee Chair or upon action of one-fourth of the Standing Committee Members. Standing Committees may conduct business by mail, teleconference or other electronic media. Each Standing Committee may adopt such rules of operation as the Standing Committee Members deem proper to conduct Committee business.

Section 13: Each Standing Committee shall report to the Operating Committee and to the National Committee.

Section 14: A Standing Committee Chairman may be removed by three-fifths vote of the National Committee or by a majority of the entire National Committee, whichever shall be more convenient.

Section 15: A Standing Committee Chairman may resign by submission of a signed resignation to the National Secretary. The National Secretary shall promptly notify the National Committee upon receipt of any such signed resignation, and thereafter the chairmanship shall be deemed vacant.

Section 16: Whenever a vacancy of a Standing Committee Chairmanship shall exist, whether by receipt of a signed resignation, death, or deposition from office, the National Committee shall elect a proper person to serve the remainder of the term of the Special Committee Chairman.

Section 17: Whenever the National Committee shall adjourn without filling a vacancy of a Standing Committee Chairmanship, the Operating Committee may appoint an acting Standing Committee Chairman, who shall possess and exercise all the authority and duties assigned to that Standing Committee Chairman by this Constitution or by the National Committee; but such an acting Standing Committee Chairman shall serve only until the adjournment of the next National Committee meeting, and may be removed by the Operating Committee or by the National Committee at any time prior thereto.

Article VIII. Affiliated State Parties

Section 1: The affiliated State Party shall be that political organization within a given state whose National Committee members appear upon the Certified List of National Committee Members. There shall be only one affiliated State Party within any given state. From time to time the National Committee shall adopt a list of the recognized state chairs of the affiliated state parties.

Section 2: The National Committee shall have the authority to adopt rules regulating the conduct, status, and duties of the affiliated State Parties, so long as such rules do not conflict with the Constitution.

Section 3: The affiliated State Parties shall fully support the nominees of the Party, and shall cause their names to appear on the ballot of their respective states for the offices so nominated.

Section 4: Affiliated State Parties shall not have any formal relationship with any other national party nor shall they be affiliated with any other national party during their affiliation with the America First Party.

Section 5: An affiliated State Party shall be required to adopt a name containing the words "America First", "Party", and the name of their state within two years of becoming affiliated, unless prohibited by state law.

Section 6: An affiliated State Party shall provide notice to the National Secretary of any statewide meeting or Convention at the same time as such notice is given to members of the State Party.

Section 7: An affiliated State Party shall submit to the National Secretary a true and current copy of the governing documents of said state party within 30 days after the adoption or amendment of such documents. An affiliated State Party shall provide copies of other records and documents within thirty days upon the request of the National Committee.

Section 8: In any state for which there is no affiliated state party, the National Committee shall be empowered to establish an organizing committee, and to establish rules for the operation thereof; and such organizing committee shall have the privilege to send one observer to meetings of the National Committee, but such observer shall attend at the pleasure of the Chair.

Article IX. General Provisions

Section 1: The qualifications to hold a position of trust within the Party shall include, but not be limited to, affirmative support of the Party, the Party-endorsed candidates for President and Vice President of the United States, the Party Mission Statement, Statement of Principles, and Platform; and said qualifications shall apply to such positions including but not limited to that of Officer, Operating Committee member, National Committee member, Standing or Special Committee member, and delegate to the National Convention.

Section 2: No person shall hold any position provided for in this Constitution who is not a Member of an affiliated State Party.

Section 3: No Officer shall be compensated for services rendered to the Party except for reimbursement of legitimate personal expenses incurred in the performance of his official Party duties.

Section 4: There shall be no voting by proxy.

Section 5: No person shall in any case exercise the privilege of casting more than one vote on the National Committee, the Operating Committee, the National Convention, or in any committee or sub-committee of the Party.

Section 6: In all cases where a vote is to be cast and counted on any matter to come before any deliberative body of the Party, such vote shall be of those present and voting provided a quorum is present, unless otherwise stated in the Constitution.

Article X. Adoption and Amendment of the Mission Statement, Statement of Principles, and Platform

Section 1: A Mission Statement shall be adopted or amended by a two-thirds vote of the National Committee.

Section 2: A Statement of Principles shall be adopted or amended by a two-thirds vote of the National Committee.

Section 3: The platform of the America First Party shall be consistent with the Statement of Principles. It shall be adopted or amended in the following manner:

(a) The National Committee may amend the Party Platform by a two-thirds vote of the National Committee;

(b) The National Convention shall adopt or amend the Party Platform by a three-fifths vote. The report of the Platform Committee shall be taken up first during the deliberations regarding the Platform. Amendments to the Platform or to the Platform Committee report shall require a three-fifths vote for passage, and shall be submitted in writing in a manner to be prescribed by the National Committee.

Article XI. Amendments and Interpretation of the Constitution

Section 1: Without prior notice, this Constitution may be amended by a majority vote of all the members of the National Committee.

Section 2: The rules contained in the current edition of Robert's Rules of Order, Newly Revised shall govern meetings of the National Committee and the National Convention in all cases to which they are applicable and are not inconsistent with any Rules, Bylaws, Constitution or Resolutions adopted by the National Convention or National Committee.

Section 3: The provisions of this Constitution shall be deemed severable and separately enforceable. Should any Article, Section, sub-section or provision of this Constitution be invalidated or declared void, all other provisions of this Constitution shall remain in full force and effect.

Section 4: The Operating Committee shall publish the Constitution as amended; provided that they shall be properly and sequentially renumbered prior to publication.


 
   
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