Rules and By Laws

Rules of The Maine Republican Party

The Rules of the Maine Republican Party

As Adopted at Convention on May 2, 2008

The following rules of the Maine Republican Party, when adopted by the biennial state convention of the party, provide guidance to its members concerning activities at all levels, it being the intent to assure that the Maine Republican Party is open and accessible to all and to encourage the broadest possible participation. The first part consists of basic issues of party organization and management, some of which must be dealt with in convention to satisfy state law. The second part contains specific proceedings for the current convention.

ORGANIZATION

Rule 1. Enrolled Republicans in the State of Maine constitute membership in the Maine Republican Party. The exercise of that membership is done through caucuses, conventions, and committees. These rules shall govern operations of all caucuses, conventions, and committees of the Maine Republican Party, except as pertain to Republican activities in the Maine Legislature, promulgated to ensure compliance with requirements of the law and higher party authority, and fairness to all participants in its activities. Bylaws of all party committees must conform to these rules, as applicable.

Rule 2. The Maine Republican Party shall cooperate with the Republican National Committee in promoting the principles and ideals of the Republican Party and shall assist in the recruitment and election of qualified Republican candidates for public office. It shall be governed by the duly elected members of the Maine Republican State Committee.

Rule 3. The membership of the Maine Republican State Committee shall consist of:

a. One committeeman and one committeewoman for each county, and in addition, a county shall be entitled to an additional committee member for every 10,000 Republican enrolled voters or portion thereof in excess of the first 10,000 according to the most current official figures available from the office of the Secretary of State on January 1 each even numbered year, to be elected by the state convention after nomination for such offices by the county caucus of each county. Vacancies occurring in the state committee may be filled in accordance with the bylaws of the State Committee. No regular paid employee of the Maine Republican State Committee may be a member of the State Committee.

b. The Republican national committeeman and committeewoman upon election to those offices;

c. The chairman of each county committee, upon election to that office;

d. The president of the Maine Federation of Republican Women, upon election to that office;

e. The chairman of the State Republican Finance Committee, upon appointment to that office by the chairman of the Republican State Committee;

f. One appointee of a Maine Republican governor, one appointee for each elected Maine Republican member of Congress and one for each elected Maine Republican U.S. Senator. Each appointee shall serve contemporaneous with the term of the appointer;

g. One representative from: the Maine Federation of Young Republicans, the Maine College Republicans, and the Maine Teen-age Republican Caucus, when said representatives are elected in accordance with their respective bylaws;

h. One representative from the Maine Senate and one representative from the Maine House of Representatives, upon election by the caucuses of the Republican members of the respective bodies, such caucuses to be held at the time the Party leadership is elected. Vacancies shall be filled by the ranking Republican officer of the House or Senate, as the case may be.

Rule 4. Election of Officers

a. Eligibility. The Republican State Committee shall choose, by ballot, a chairman, a vice-chairman, a secretary, a treasurer, and other such officers as the committee shall from time to time deem necessary. The chairman, vice-chairman, secretary, and treasurer may be chosen from outside the membership of the committee. No announced candidate for Governor of the State of Maine, U.S. Senate, or U.S. House of Representatives shall serve as an elected officer of the Maine Republican State Committee. No elected officer or employee of the Maine Republican State Committee shall be a paid lobbyist. The elected officers of the State Committee shall be voting members of the State Committee during their terms of office, provided, however that no member of the State Committee shall be entitled to cast more than one vote, in person or by proxy.

b. Procedure. The officers shall be elected by ballot at the regular monthly meeting in January of each post election year for a two-year term commencing February 1, or until a successor is elected. Each officer shall be elected by a majority of the members of the state committee present or represented by proxy, and voting. In each election for officer, if, on the first ballot, no one candidate receives a majority of the votes cast by the members present and voting, then the votes will be recast with that candidate receiving the least votes in the preceding ballot eliminated from the ballot. Balloting shall continue in this manner until one candidate receives the necessary majority vote.

c. Vacancies. In the event of a vacancy in the office of chairman, the vice-chairman shall succeed as chairman. In the event that vacancies should arise contemporaneously in the offices of chairman and vice-chairman, the secretary shall convene a meeting of the state committee for the purpose of electing a new chairman and vice chairman.

d. Removal of officers. The officers of the committee shall serve at the pleasure of the Maine Republican State Committee and, upon a motion presented by ten (10) committee members representing at least four (4) counties, may be removed from office for malfeasance or violation of these rules by a vote of 2/3 of the members present and voting, or a majority of the State Committee, whichever is greater. The vote on the motion for recall must be preceded by at least one month’s notice.

Rule 5. If any member of the Republican State Committee fails to attend, in person or by proxy, three meetings in a calendar year, the secretary of the state committee shall so inform the county committee or other proper organization, which the member represents. Said organization may, according to its own bylaws and procedures, declare the member’s position to be vacant and nominate a successor. Upon receipt of the declaration of the vacancy, the Republican State Committee may accept it and proceed to act on the nomination of the successor.

Rule 6. The Republican State Committee shall adopt its own bylaws consistent with law and these rules.

Rule 7. The Republican State Committee shall be the judge of the credentials of its own membership, and any member may be removed for cause.

Rule 8. All municipal committees shall be officially reconstituted at each biennial caucus of Republicans within the municipality. The members of the party in the municipality determine the committee membership and structure, but said committees do not have status as such until properly reported to State Party headquarters on a form provided for that purpose. To the extent consistent with State Laws, in the event that a municipal committee was not formed at a biennial caucus, such committees may be formed at a public meeting called by any registered Republican of the municipality. Public notice of said meeting must be made as required by State Law. A municipal committee formed pursuant to this Rule shall not be considered official until recognized by the chairman of the Maine Republican State Committee. Municipal committee bylaws and procedures are within the structure of the committee and may be changed or amended by a vote of the members using the process specified, including prior notification, in their bylaws.

Rule 9. Municipal committees, or portions thereof, which lie within a legislative district shall have jurisdiction over the choice of a candidate for nomination or a nominee for election to the legislature for the district concerned when the predecessor dies, withdraws, or becomes disqualified. Unless contravened by their individual municipal committee’s rules or bylaws, all registered Republicans within a legislative district shall be considered members of their respective municipal committees for the purpose of selecting a candidate for nomination or a nominee for election to the legislature for the district concerned.

Rule 10. The county committee shall have jurisdiction over the choice of a candidate for nomination or a nominee for all county offices and, by members residing within the senatorial district, for state senator for the district when the predecessor dies, withdraws or becomes disqualified.

Rule 11. The membership of each county committee shall be, exclusive of the membership of elected officials, proportional based on population, registered party membership or voting experience, in accordance with its bylaws, which must be confirmed by the county caucus at each biennial state convention and filed with the Republican State Committee. Vacancies may be filled by nomination from the applicable municipal committee and confirmed by vote of the applicable county.

Rule 12. Each district committee shall have jurisdiction over the choice of a candidate for nomination or nominee for the Representative to Congress of the United States for the district concerned when the predecessor dies, withdraws or becomes disqualified.

Rule 13. The membership of each district committee shall be equal to the total number of members of the state committee (including the county chairman) from counties within the district and the membership will be apportioned among the counties in the same distribution. Committee members shall be nominated from each county at large at county caucuses and election confirmed by the district conventions. In the case of counties, which are divided between districts, the total entitlement shall be apportioned according to Republican enrollment between districts.

Rule 14. The Republican State Committee shall have jurisdiction over the choice of a candidate for nomination or a nominee for the offices of Governor of the State of Maine, United States Senator or presidential elector when the predecessor dies, withdraws or becomes disqualified.

Rule 15. Whenever there is a requirement for a special caucus to select a Republican candidate for an elected position in Maine’s state legislature or an elected county position or to fill a vacancy in such a position, the Republican chairmen of the counties in which the legislative or county district resides shall work with the municipal committee chairmen, the state party, and the Republican leadership of the concerned legislative body to organize a special caucus. The procedures for calling the special caucus shall be done in accordance with state law.

In the interest of fairness to candidates, proper consideration shall be given to the following issues during the planning of the special caucus:

Venue selection;
Selection of the initial presiding officer of the caucus;
The order of candidate nominations;
Time limits for nomination, second, and candidate presentations; and
Balloting procedures.

The agenda for the special caucus shall include:

Call to order;
Election of the caucus secretary;
Election of the caucus chairman;
Ratification of the caucus agenda and procedures;
For each known candidate:

Nomination,
Second, and
Candidate speeches

A request for nominations from the floor;
Election of the nominee
Adjournment

Other items may be added to the agenda providing they do not contradict state law or the rules of the municipal, county, or state committees.

Rule 16. Resolution of any controversy shall be in accordance with the following procedures:

a. The Republican State Party may, upon a decision of the Executive Committee, exercise jurisdiction over controversies between and among members of any county committee or municipal committee when such controversy affects the interests of the party as a whole or the rights of any member of the party to participate in its affairs, pursuant to Rule 16 (b-f).

b. When any controversy as defined in Rule 16 (a) arises at the municipal level, any member of such committee affected by the controversy may file, within twenty-one (21) calendar days of the date such controversy arises, a written appeal to the governing county committee. Such appeal must be sent via certified mail, and a copy of such appeal provided to the Secretary of the Republican State Committee. Upon motion by an interested party or upon its own motion, the county committee may issue a stay of further action by any party or by the city committee, which affects the subject matter or outcome of the controversy. Where appropriate, the stay may include an interim order identifying the city committee or officer that shall be recognized by the Party as the duly authorized committee or officer while the appeal is pending. No later than twenty-one calendar days from the date of receipt of such written appeal, the county committee shall rule upon the controversy, and issue a written decision addressed to the parties to the dispute via certified mail, with a copy provided to the Secretary of the State Committee. Where appropriate, such decisions may include final determination as to which city officer or committee shall be recognized by the Party as the duly authorized officer or committee. Upon failure to provide such written decision within the specified time period, such municipal controversy shall be adjudicated pursuant to Rule 16(c) as if it were a county controversy.

c. When any controversy as defined in Rule 16(a) arises at the county committee level including a controversy over the county committee’s resolution of a municipal controversy, any person so affected by the controversy may file within twenty-one (21) calendar days of the date such controversy arises a written appeal to the secretary of the Republican State Committee. Such appeals must be sent via certified mail. Upon receipt of such appeal, (1) the Secretary of the State Committee shall, within five calendar days, provide a copy of the appeal to the county committee from which the appeal is taken; and (2) the Chairman of the Republican State Committee shall, within thirty (30) calendar days, appoint a panel of five members of the state committee, who shall constitute a Board of Investigation. If the Board has not yet been appointed, the Executive Committee may issue a stay of further action by any party, the city committee or county committee which affects the subject matter or outcome of the controversy.

1. Hearing. Upon giving notice as provided in paragraph (2), below, the Board shall conduct a hearing for the purpose of hearing all relevant evidence presented by any and all parties interested. The Board shall request the Counsel to the Republican State Committee to attend such hearing(s) and serve as its legal advisor. The hearing(s) and proceedings of the Board shall be held at the offices of the Republican State Committee or at such other location selected by the Board, as may be most convenient to the members of the Board, to witnesses, parties, and their counsel.

2. Notice. Notice of hearing shall be given (i) by publication in at least one newspaper of general circulation in the municipality, if a municipality controversy, or county, if a county controversy, in which the controversy arises; and (ii) by first class mail to the individual(s) who filed the appeal and to any individual(s) named in the appeal.

3. Report of Investigation. At the conclusion of their hearing and upon the Board’s deliberations, the Board shall, within sixty (60) days of the State Committee’s receipt of the appeal, report its findings and conclusions to the Republican State Committee. The Republican State Committee may, upon receiving the report of the Board of Investigation, take such action or actions as it deems appropriate under the circumstances, including, but not limited to, issuing a final determination as to which city or county officer or committee shall be recognized by the Party as the duly authorized officer or committee.

d. Each county committee and the Board of Investigation shall adopt its own procedures to implement this Rule, provided such procedures are not inconsistent with this Rule, and shall allow parties to be represented in person and counsel.

e. No members of the state committee from the county or municipal committee in which the controversy arises shall serve as a member of any such Board of Investigation.

f. A new Board shall be convened for each controversy.

PROCEEDINGS OF THE 2008 CONVENTION

Rule 17. The convention shall proceed in accordance with the order of business prepared and printed by the Republican State Committee.

Rule 18. At any time at which a vote is conducted, no person, except members of the several delegations and officers of the convention, shall be admitted to the section of the convention hall apportioned for delegates.

Rule 19. The members of the Republican State Committee shall constitute the Committee of Credentials. The secretary of the State Committee shall receive all such credentials and present them to the Committee on Credentials for consideration. The Committee on Credentials may appoint such subcommittees as it deems fit to receive the evidence relating to any controversy, or relating to any other matter on credentials, and to make recommendations to the committee.

Rule 20. The lists of delegates submitted by the several municipal caucuses pursuant to regulations established by the State Committee shall constitute the temporary roll call of delegates and except, as the Committee on Credentials shall otherwise decide, such lists shall constitute the permanent roll. Any challenge to a delegate’s right to sit shall be filed in writing with the secretary of the State Committee before the first session of the convention shall recess. Any ruling or decision of the Committee on Credentials shall be subject to final action by the convention.

Rule 21. The delegates and alternates to the state convention, a district caucus, or to the respective county caucuses must be residents of the municipality which they represent. If a full complement of delegates or alternates cannot be present at any session of the state convention or at any session of a district caucus or at respective county caucuses, any municipal delegation without a full complement of delegates may fill vacancies, but each person appointed to fill a vacancy shall be a resident of that particular municipality which he represents; and provided further that no such person or any delegate shall serve as delegation chairman.

Rule 22. Each municipal and county delegation shall have a delegation chairman. Each municipal delegation should caucus and elect a delegation chairman as soon as possible after the municipal caucus. Until the delegation chairman is elected the municipal committee chairman shall serve as delegation chairman.

Rule 23. Unless any municipal caucus has provided otherwise, alternates will succeed to the position of an absent delegate in alphabetical order.

Rule 24. Robert’s Rules of Order, Newly Revised, shall be the rules of this convention so far as they are applicable and consistent with the rules herein set forth.

Rule 25. No delegate shall speak more than twice upon the same question or and no longer than five minutes at a time unless by leave of the convention.

Rule 26. A roll call vote of the convention shall be taken on demand of the chairmen of the caucuses of four (4) counties; provided, however, that until counties have caucused a roll call vote shall be taken on demand of the chairmen of ten (10) municipal delegations.

Rule 27. Whenever a roll call vote is required, municipal delegation chairmen shall poll their delegations and deliver the responses promptly to the chairmen of the county committee delegations, in writing. The county chairmen shall tally the results of the municipal delegations and deliver the results promptly to the state convention or district caucus chair in writing. Counties, or in county caucuses, municipalities, may be called upon in alphabetical order to announce their results.

Rule 28. The delegates to the state convention elected by the municipal caucuses shall be the delegates of the county in which such municipality is situated.

Rule 29. The order of business of the county caucus shall be as follows:

a. Call to order by the state committeeman or state committeewoman for the county, but if both are absent, then by any member of the caucus;

b. Election of a secretary of caucus;

c. Election of a chairman of the caucus who shall also serve as chairman of the county delegation to the state and district caucuses;

d. Nomination of two vice presidents of the convention (one man and one woman);

e. Nomination of members of the district committee (see Rule 13);

f. Confirmation of county committee members previously nominated, or nominations of such members if none have been previously nominated by municipal caucuses;

g. Nominations of members of the state committee (see Rule 3a);

h. Adoption, modification or amending of county bylaws (see Rule 8);

i. Other business to come before the caucus;

j. Adjournment

Rule 30. The proceedings of the district caucuses shall include:

a. Election of a secretary and a chairman of the caucus in that order;

b. Election of members of the district committee;

c. Election of the district quota of delegates and alternates to the Republican National Convention;

d. Addresses by candidates for the district representative to the U.S. Congress.

CONVENING OF THE NEXT REPUBLICAN CONVENTION

Rule 31. In compliance with Title 21A, Maine Revised Statutes, Article 111, Section 321, a state convention of the Republican Party is held biennially between March 1 and August 1 during a general election year. In order to provide for all requirements of the law and the Republican Party, the 2010 convention will be comprised of general sessions of the state convention, caucuses of delegates representing each congressional district, and caucuses of delegates representing each of the sixteen counties.

Rule 32. The proceedings of the state convention shall include:

a. Election of a secretary and chairman of the convention in that order;

b. Adoption of a platform for the next general election;

c. Determining the size of the state, district and county committees, and the method of their election;

d. Election of members of the state committee (see Rule 3a);

e. Election of a district committee for each congressional district (see Rule 13);

f. Election of county committees for each county;

g. Presidential Election Year Only:

1. Elect national committeeman and committeewoman;

2. Elect delegates and alternates to the Republican National Convention.

Rule 33. Election of delegates, alternates, and filling of vacancies to the national convention shall be conducted as follows:

a. The total number of delegates and alternates shall be those numbers fixed with formula set forth in the rules of each national convention. Of such total number, three (3) delegates and three (3) alternates shall be elected in the district convention of each congressional district and the remainder of said delegates and alternates shall be elected at-large by the convention as a whole.

b. There shall be no automatic delegates to the national convention selected by virtue of party position or elective office, except as provided by the rules of the Republican National Committee.

c. In the event of a vacancy caused by the death, disqualification, or resignation of any delegate prior to the convening of the convention, the alternate delegate who received the greatest number of votes will be selected to fill the vacancy and shall be committed to support the candidate to whom the vacant position had been allocated. If the delegate’s position was uncommitted, the replacement shall continue to be deemed as an uncommitted delegate. If there is more than one vacancy, the same procedure shall be followed in descending order of votes cast for alternates.

d. In the event of any ambiguities, inconsistencies, or unforeseen circumstances, these rules shall be interpreted and construed by the Executive Committee whose interpretation and construction shall be final and binding when made in accordance with applicable legal principles.

Rule 34. The proceedings of the district caucuses shall include: