CONSTITUTION AND BY-LAWS of the

BURLINGTON COUNTY DEMOCRATIC COUNTY COMMITTEE

 

In accordance with and as provided by N.J.S.A. 19:5-1, et. seq. the members of the

Burlington County Democratic Committee, do hereby adopt the following Constitution and Bylaws to govern the affairs of said committee.

 

ARTICLE 1 – NAME

The name of the organization shall be the Burlington County Democratic County

Committee (“County Committee”).

 

ARTICLE 2 – PURPOSE

The County Committee shall be the official Political Organization within the County of

Burlington pursuant to N.J.S.A. 19:5-1, et. seq.

The purpose of the Committee is to direct the affairs and further the interests of the

Democratic Party in Burlington County; promote the principals and platforms of the Burlington

County Democratic Party; serve as the grassroots organization for mobilizing Democrats; and

to assist in promotion and development of good government whether national, state, county or

municipal.

 

ARTICLE 3 – MEMBERSHIP

Section 1. The County Committee shall consist of one duly elected male and

one duly elected female from each district in Burlington County.

Members of the County Committee shall be elected biennially at the primary for the

general election in even numbered years in the manner provided in Title 19 of the Revised

Statutes. All members of the Burlington County Democratic Committee shall reside in the

district from which they are elected, shall be registered as Democrats and shall be eligible to

vote. The terms of all members of the County Committee shall be for two years. County

Committee Members shall take office on the first Saturday following their election.

 

Section 2. Vacancy. A vacancy in the County Committee shall exist when a member

of the County Committee dies, ceases to be a resident of the district from which elected, changes

his/her party affiliation, resigns from his/her office or otherwise can no longer serve in his/her

office. In the event of a resignation, the vacancy shall exist upon acceptance of the resignation

by the Municipal Committee (or County Committee, if none) of which he/she is a member.

A vacancy in the County Committee shall be filled for the unexpired term by the requisite Municipal Committee, competent to take action according to its by-laws. If there is no such Municipal Committee, then the vacancy shall be filled for the unexpired term by the County Chair. The term of all members appointed to fill a vacancy and elected by the Municipal Committee shall be for the remainder of the unexpired two year term in accordance with N.J.S.A.19:5-3.

 

Section 3. Meetings. The County Committee shall hold a biennial reorganization

meeting as set forth in Article 8 of these by-laws. The County Committee shall hold regularly

scheduled meetings as set forth in Article 8 of these by-laws. Special meetings of the County

Committee shall be held as set forth in Article 8 of these by-laws.

 

ARTICLE 4 – OFFICERS

Section 1. Titles. The Officers of the County Committee shall consist of a

Chairperson, Vice Chairperson, Recording Secretary, Corresponding Secretary, and Treasurer.

 

Section 2. Qualifications. All Officers of the County Committee shall, at the time of

their election, be duly elected and qualified members of the Burlington County Democratic

Committee, and shall remain such during their term of office, and otherwise qualified in

accordance with law.

Section 3. Chairperson. The Chairperson shall be the Chief Executive Officer

of the County Committee and shall have the general powers and duties of supervision and

management usually vested in the office of chairperson or president of an organization.

The Chairperson is an ex-officio member of all committees. The Chairperson shall have the

authority to designate consultants as necessary to assist the party and such other employees as

may be needed for the effective operation of this Committee and the conduct of election

campaigns.

 

The Chairperson shall preside at all meetings of the County Committee, and appoint all

special Committees and all standing Committees, except the Executive Committee, declare the

vote upon all questions before the County Committee, decide all questions on order and

procedure, be empowered to break tie votes at the municipal and county levels. Call special

meetings, in accordance with Article 7 Section 3, sign all documents and papers requiring the

signature of the County Committee, represent the County Committee in all matters in which

representation is necessary or proper; faithfully execute the decisions of the County Committee,

and shall countersign all checks, drafts or order for the payment of money by the Treasurer and

shall perform such other duties as are required by law.

 

The Chairperson in his/her discretion may appoint a Sergeant-at-Arms and a Parliamentarian.

 

Section 4. Vice Chairperson. In the absence of or during the inability of the

Chairperson to serve, the Vice-Chairperson shall preside at all meetings of the Burlington

County Democratic Committee and shall exercise all the powers and duties of the Chairperson.

 

Section 5. Recording Secretary. The Recording Secretary shall keep a complete

roster of all members of the County Committee and of all Municipal Chairmen; keep full and

accurate minutes of the transaction of all official business of all regular and special meetings of the County Committee, recording the names of the officers and members present, the ayes and nays on roll call votes, results of County Committee elections, keep property records of all meetings, conventions, and primary and general elections.  Deliver up to the Chairperson all books, papers, vouchers and other property of the County Committee at the conclusion of his/her term of office or when requested by the Chairperson of the County Committee; in the absence of the Chairperson and Vice Chairperson he/she shall call to order the meeting of the County Committee and shall preside until a temporary Chairperson is chosen to preside over the same.

 

Section 6. Corresponding Secretary. The Corresponding Secretary shall

give actual notice of all meetings of the County Committee to the members pursuant to Article 7

of these By-laws, attend to all matters of correspondence, as may be directed by the

Chairperson, the Executive Committee, or the County Committee; notify the Chairperson of all

Committees of their appointment and of the names and addresses of all other members of such

Committees and the nature of the business referred to such Committees; deliver up to the

Chairperson all books, papers, vouchers and other property of the County Committee at the

conclusion of his/her term of office or when requested by the Chairperson or the County Chairperson; in the absence of the Chairperson, Vice Chairperson, Treasurer and Recording Secretary, he/she shall call to order the meeting of the County Committee and shall preside over until a temporary Chairperson is chosen to preside over the same.

 

Section 7. Treasurer. The Treasurer shall be responsible for all finances and

related records of the County Committee including the maintenance and filing of all account

and election reports as required by law. The Treasurer shall accept all receipts and make all disbursements in the account of the Burlington County Democratic Committee, keep a true and accurate book of account of all funds received and disbursed on behalf of the County Committee, maintaining said funds on deposit in such bank or banks as the Treasurer may designate. He/she shall pay all bills as shall be approved for payment by the Chairperson

.

a. Financial Reports

The Treasurer shall prepare a Financial Report to be read at each Regular Meeting. In

the absence of the Treasurer, such report shall be given to the County Chairperson in advance of

said meeting. The Treasurer shall prepare and timely file any and all reports regarding the

receipts and disbursements made by the County Committee to the New Jersey Election Law

Enforcement Commission and shall provide written copy of said report to the Chairperson at the

time of filing. The Treasurer shall render an account to the County Chairperson summarizing

all monies received and all monies paid, a summary of all accounts receivable and all accounts

payable on a quarterly basis by the due date for the quarterly reports required to be filed with

the New Jersey Election Law Enforcement Commission. Deliver up the Chairperson all books, papers, vouchers and other property of the County Committee at the conclusion of his/her term of office or when requested by the Chairperson of the County Committee.

 

Section 9. Sergeant-at-Arms. The Sergeant-at-Arms shall serve at the pleasure of

the County Chairperson and shall be responsible for the decorum of the meetings of the County

Committee and shall be authorized, at the direction of the

County Chairperson, to bar from admission to those meetings any unauthorized persons, as well

as to eject such persons whose actions may become disruptive to the meeting then in progress.

In the absence of the Sergeant-at-Arms, the County Chairperson may appoint a member to

assume the duties and responsibilities of the Sergeant-at-Arms until such time as the County

Chairperson sees fit to conclude those services.

 

Section 10. Parliamentarian. The Parliamentarian serves at the pleasure of the

County Chairperson and preside over the Rules Committee. The Parliamentarian may advise the

Chairperson on questions of procedure at all County Committee meetings. In the absence of the

Parliamentarian, the Chairperson shall appoint someone to serve in the position for that meeting

only.

 

Section 11. Term of Office. All officers shall be nominated and elected

for a two year term at the biennial organization meeting of the County Committee in even

numbered years and shall serve during good behavior and until twelve o’clock noon of the

Saturday following the biennial Primary Election in even numbered years in the State of New

Jersey and otherwise in accordance with this Article 4 of these By-Laws.

 

Section 12. Election of Officers. The County Committee shall elect a County

Chairperson and County Vice Chairperson, a Treasurer, Recording Secretary, Corresponding

Secretary, at the reorganization meeting. These officers shall be elected and shall perform such duties as provided by law. The Chairperson may appoint other offices which may include a Sergeant-at-Arms and Parliamentarian who shall be separate individuals, who shall serve at the pleasure of the Chairperson. Their terms shall run concurrently with the term of the Chair. The election of officers shall take place at the bi-annual organizational meeting by of the Burlington County Democratic Committee. The officers shall serve for a term of two (2) years until the election and qualification of their successors. The temporary Chairperson of the biennial organization meeting shall be the out-going County Chairperson. In the event that the out-going Chairperson is a candidate for Permanent Chairperson in a contested election, then the out-going Vice Chairperson, Recording Secretary, Corresponding Secretary or Treasurer, in that order of preference, shall serve as Temporary Chairperson. In the event that the entire out-going slate of officers are candidates for a permanent office in a contested election, then the out-going Chairperson shall appoint a Temporary Chairperson for the purpose of conducting the election.

 

a. Election Committee

Prior to the commencement of Elections, the Temporary Chairperson shall appoint an

Election Committee. The purpose of the Election Committee is similar to an Election District

Board on Election Day and is responsible to supervise the selection of the Officers of the County

Committee. The Election Committee shall consist of five county committee members. Each

Chairperson slate shall be allowed to designate one individual to serve as members of the Election Committee. The names of the Committee persons designated by each slate to serve as Election Committee members shall be forwarded to the Temporary Chairperson no later than 5:00 p.m.,five calendar days prior to the reorganization meeting. The remaining members shall be selected by the outgoing Chairperson. From that group one (1) member shall be elected as Election Committee Chair. The Election Committee shall be responsible for the distribution and receipt of the ballots and for the tally, and shall report the results of the election to the Chairperson at the organizational meeting.

 

b. Notice of Intent

Candidates for the Office of the Permanent Chairperson must provide a written notice by

certified mail, fax, electronic mail or personal delivery to the County Chairperson and

Recording Secretary no later than 4PM the last day on which the nominating petitions for the office of County Committee are due to be filed with the Municipal Clerk in the biennial election so that their names and the names of their proposed slate of officers can be included in the notice of meeting.

 

c. Method of Election.

The method of election shall be held as follows;

a) If there is no contest for Chairperson, Vice-Chairperson, Recording and Corresponding Secretary or Treasurer, election shall be held by voice vote and acclimation;

b) If there is a slate of candidates to contest, election shall be by secret ballot;

c) In the event of a contest the slate receiving the largest number of

votes shall be declared elected.

 

In the event of a contest for any office, the election for that office shall be conducted by

secret ballot, only those individuals who have been duly elected at the immediately preceding

even numbered year Primary Election, as County Committee persons are eligible to vote.

 

d. Contested Election Procedure.

The contested election shall be conducted as follows:

1. The polls shall open at 7:00 p.m. with voting to be completed by 9:00 p.m.

2. The election shall be conducted either by voting machine or paper ballot as

determined by the outgoing chairperson.

3. If the election is conducted by paper ballot, the ballots shall be distributed to the

voting membership at the meeting and the membership shall fill in the name of their individual

choice for such office as may be in contest.

4. Each candidate for office for which there is a contest may select one challenger to

make machine inspection and assist in the tally of the vote with candidates for such office

entitled to select the same tellers if they so choose;

5. The Election Committee, shall conduct the election. Each member entitled to vote

shall file before the Election Committee and challengers and upon showing his or her

credentials, shall enter the voting machine to case his or her vote or in the case of a paper ballot

to deposit his or her ballot in a box provided for that purpose by the Election Committee;

6. Each member must cast his or her own ballot and may not delegate this right to

anyone else.

7.  No Write-in vote will be allowed.

8.  No candidate signs or other campaign paraphernalia are permitted within 50 feet of the voting location.

9.  Each Chairman slate shall be allowed two (2) challengers to be in the polling area.  The names

of the challengers shall be forwarded to the Chairman of the County Committee no later than

5:00 p.m., June 12, 2000.  To be a challenger, the individual must be an elected County Committee person.

10.  After each member entitled to vote has done so, the Election Committee, shall tally

the ballots and announce the name of the candidate who has received the largest number of

votes for such contested office.

 

e. Procedure if no candidates for office.

If no member provides notice of intent for nomination to any office or otherwise is

ineligible to serve as an officer, then nominations for that office only may be taken from the

floor during the reorganization meeting.

 

Section 13. Vacancies In the event a vacancy should occur in the office of

Chairperson of the Committee through disqualification, death, resignation, or other cause, such

vacancy shall be filled by the Burlington County Democratic Committee, at a special meeting

called for the purpose within sixty (60) days of such a vacancy.

In the event a vacancy for any of the above reasons should occur among any of the other

officers of the Burlington County Democratic Committee such vacancy shall be filled by the

Burlington County Democratic Committee at a special meeting called for that purpose within

sixty (60) days of such vacancy.

 

Section 14. Books and Records County Committee Officers shall preserve and secure

all materials and documents entrusted to them and transmit these to their successors.

 

ARTICLE 5 – EXECUTIVE COMMITTEE

Section 1. Title. There shall be an Executive Committee of the County Committee.

 

Section 2. Purpose. The Executive Committee shall be the official policy initiating

Committee of the County Committee, and shall make recommendations of appointments of the State and County appointive offices or positions and shall also be the official grievance committee for the receiving of written complaints submitted by a member of the County Committee concerning any grievance, wrong, injustice, inequity, disloyalty or other similar problem, conduct or situation, touching upon the good and welfare of the Democratic Party. Upon petition of any five (5) members of the executive committee thereof it shall conduct investigations of the above, hearings thereon and the rendering of findings, decisions, or determinations and the taking of appropriate action in connection therewith, all of which shall be reported in writing to the County Committee Chairperson upon the conclusion and completion thereof, all decisions or determinations of the Committee to be final with respect to any grievances submitted to it.

 

Section 3. Membership. The Executive Committee shall consist of those members of

the Democratic Party within each Municipality who shall have been selected by the Municipal

Committee as a Delegate and each member shall have an alternate to serve in his place and stead on said Executive Committee in his absence, such alternate to have been elected as such by the Municipal Committee. The Executive Committee shall also include all elected officers of the County Committee and publicly elected County and State Officials of the Democratic Party, who are residents of Burlington County, the Democratic State Committee Men and Committee Women of Burlington County, Finance Committee Chairperson and the most recent Chairperson Emeritus. The terms of office for members of the Executive Committee members shall be two years that shall run concurrently with the term of the members of the County Committee.

 

Section 3. Meetings of the Executive Committee. The Executive Committee shall

hold meetings when the need to discuss appointments or to hear a grievance arises. 

 

Section 4. Officers. The officers of the Executive Committee shall consist of a

Chairperson, Vice Chairperson and Secretary, and they shall be elected by the Executive

Committee members from among their membership for a two year term at an Organization Meeting to be held within one month following the Organization meeting for the County Committee, and said officers shall serve during good behavior until twelve o’clock noon of the Saturday following the second annual Primary Election in the State of New Jersey occurring after their election.

 

Section 5. Officer Duties. The duties of the officers of the Executive Committee shall

be as set forth herein for the comparable officers of the County Committee except that the

countersigning of checks shall not apply, nor shall there be a treasurer for the Executive

Committee.

 

Section 6. Voting. All voting and business procedures of the Executive Committee

shall be in accordance with the voting and business procedures set forth in these By-Laws for the

County Committee.

 

ARTICLE 6 – COMMITTEES

 

Section 1. Titles. Committees of the County Committee and their Chairmen shall

be appointed at the discretion of the County Chair as needed.

Section 2. Qualifications. All Committee members shall be members

of the Democratic Party who subscribe to the principal of the Democratic Party as set forth in

these By-Laws.

 

Section 3. Removal from Committees. A vacancy in the Chairpersonship or

membership of any of the above Committees may be declared by the County

Chairperson upon;

a) That member’s moving out of the County, or

b) That member’s non-performance of his duties on the Committee, or

c) That member’s conduct prejudicial to the reputation or the proper functioning of the

Democratic Party.

 

Section 4. Reports of Committee. All committees shall report at each meeting of the

County Committee and at such other times as requested to do so by the County Chairperson.

Any report containing a recommendation for specific action by the County Committee shall be

submitted in writing to the County Chairperson at least (5) days prior to the meeting at which

such recommendation is to be considered.

 

ARTICLE 7 – MEETINGS

 

Section 1. The County Committee will hold and conduct a biennial organization

meeting after the Primary Election on even-numbered years, on the day fixed by statute, at the

time and place designated by the County Chairperson.

 

Section 2.  Meetings of the Executive Committee shall be held when needed to advise on appointments or to hear grievances.  The date, time and location shall be set by the Executive Committee Chairperson.

 

Section 3. Regular meetings of the County Committee shall be held on the first

Thursday of each month.  The Chairperson has a right to change a meeting time or location for special circumstances such as but not limited to weather, room availability and conflicts with other events.

 

Section 4. Special meetings shall be called by County Chairperson in his/her discretion

or upon the written request of the Executive Committee, or of any twenty-five (25) members of

the County Committee.

 

Section 5. Notice of Meetings Written or voice notices of meetings shall be given to County

Committee members by either electronic mail, fax, telephone or regular mail, whichever is deemed most effective by the Chairperson, setting forth the place, date, and hour of meeting.

A. Organization Meeting: As soon as practicable after the Primary Election by electronic, voice or regular mail.

B. Other Regular Meetings: At least two (2) days prior to date of meeting.

C. Special Meetings: At least two (2) days prior to the date of the meeting, such

notice setting forth the subject matter to be considered at this meeting.

 

Section 6. Voting. At every meeting, every County Committee member and elected Municipal Chairperson shall have one vote and only members of the County Committee or elected Municipal Chair shall vote upon any business transacted by said Committee, and said member must be personally present at the time of said vote to cast his or her vote and no proxy vote or other substituted representation shall be permitted.  Proxy votes are permitted for special meetings to fill vacancies in State and Federal offices in which the required quorum is set by title 19.

 

Section 7 Addressing the Meeting. No person other than a County Committee

member shall have leave to address a County Committee Meeting or speak upon any question or

item of business except by the consent of a majority of the County Committee members present at said meeting, however, a vote to determine the necessary consent shall only be taken upon the

request of a County Committee member at said meeting made immediately before said person

actually begins to address or speak at said meeting, it being presumed that the majority of

those present so consent until the contrary is shown by a majority of those voting to disallow such person desiring to address or speak at said meeting.

 

Section 8. Roll call votes. If any County Committee member shall be dissatisfied with

the determination of the Chairperson, or other presiding officer, as to the result of any vote, such

member may request a roll call vote, whereupon the Secretary shall proceed to call the roll of

County Committee members, and each member present shall vote and announce the number of

ayes and nays, which announced tabulation shall then correspond to the result of the said vote

taken.

 

Section 9 The Chairperson, or other presiding officer, shall only vote in the case of

an exact tie vote as announced by the Secretary after the tabulation of a roll call vote.

 

Section 10. All voting shall be oral by the use of the words aye or yes for an affirmative

vote and nay or no for a negative vote, when voting upon any question, proposal or proposition,

and the majority vote shall control as to the result of the said vote taken except in the case of a

vote upon a proposed new, amended, revised or superseded By-Law. All voting of the County

Committee for officers and endorsement of candidates required by law shall be by secret written

ballots.

 

Section 11. Rules of Order. Meetings shall be conducted according to Roberts’

Rules of Order, Parliamentary procedure (Revised), in the absence of any rule herein to the

contrary.

 

ARTICLE 8 – QUORUMS

Twenty-five (25) members of the County Committee shall constitute a quorum for the

transaction of business, and a majority of the members of any other committee shall constitute a

quorum thereof, except the Executive Committee wherein fifteen (15) members constitute a

quorum.

 

ARTICLE 9. ORDER OF BUSINESS

 

Section 1. Organization Meeting: At the biennial Organization Meeting of the County

Committee, held on even-numbered years on the day provided by statute, the order of

Business shall be as follows:

a. Salute the Flag;

b. Election of officers;

c. Adoption of bylaws and rules governing the Committee for the coming two

year;

d. Other business.

 

Section 2. Other Meetings: At all other meetings of the County Committee, the order

of business shall be as follows:

a. Call of order.

b. Pledge of Allegiance.

c. Consideration of minutes of last preceding meeting.

d. Report of the Treasurer

e. Reports of officers and action thereon, if required;

f. Report of Executive Committee and action thereon, if required;

g. Reports of Standing Committees and action thereon, if required;

h. Reports of special committees and action thereon, if required;

i. Communications

j. Unfinished business, if any;

k. New business, if any.

l. Good & Welfare.

m. Adjournment

ARTICLE 10 – BOOKS AND RECORDS

 

Section 1. Any person elected or appointed to membership on the County Committee

pursuant to R.S.19:5-2 may request, in writing  to the county Chairperson,

such constitution or bylaws currently in effect. The committee member requesting the

constitution or bylaws shall receive the constitution or bylaws within 10 days of the

receipt of the request by the Chairperson. The Chairperson shall preside at all meetings

of the committee and shall perform all duties required by law and the constitution and

bylaws of such committee.

 

Section 2. The Chairperson of the outgoing County Committee shall provide a copy of

the constitution and bylaws to any committee member appointed pursuant to R.S.19:5-2 to

fill a vacancy within ten business days of the committee member’s selection.

 

ARTICLE 12 – AMENDMENTS

 

Section 1. These By-Laws may be changed, amended or superseded by

the adoption of proposed new, amended, revised or superseding By-Laws, provided such

proposed By-Law is submitted to the County Committee Secretary in writing, favorably

voted upon by two-thirds of the County Committee members present at any regular meeting of

the County Committee at which said proposed By-Law is first introduced, and again favorably

voted upon by two-thirds of the County Committee members present at the next regular County

Committee meeting.

 

Section 2. After a proposed new, amended, revised or superseding By-Law as

approved on First Reading the County Chairperson, shall immediately submit it to the Rules

Committee for study and recommendation. The recommendation of said committee, if any,

shall be made in writing to the County Chairperson at least seven (7) days prior to the meeting

during which the proposed new, amended, revised or superseding By-Law will be considered for

second reading.

 

Section 3. A proposed new, amended, revised or superseding By-Law in the form as

was approved at the meeting at which the proposed By-Law was first introduced, shall be mailed

or delivered, in writing or by electronic mail or facsimile by the County Committee, to each

Democratic Municipal Chairperson at the time of such mailing, with the notation that same was

favorably voted upon by a two-thirds vote of County Committee members present at the last

regular County Committee meeting and that same will again be submitted for final approval by

two-thirds vote of those County Committee members present at the next regular County

Committee meeting and said Secretary shall set forth the date of said meeting in the notation

accompanying same. Said notice shall be completed at least five (5) days prior to the next

regular County Committee meeting following the meeting at which said proposed By-Law was

first introduced,

 

Section 4. Any proposed By-Law so submitted and so duly submitted to a vote and

favorably voted upon shall become effective immediately.

 

ARTICLE 13 – ADOPTION AND REVIEW OF BY-LAWS

 

Section 1. These By-Laws shall take effect immediately upon adoption.

 

Section 2. The By-laws shall be reviewed on an annual basis and shall conform with all

existing New Jersey State Statutes.

 

Section 3. This Constitution and By-laws shall be governed and construed under the

Laws of the State of New Jersey. The invalidity or unenforceability of any provision of these

By-laws shall not affect the validity or enforceability of any other provision.

 

Section 4. The constitution and bylaws of the County Committee shall be posted and

displayed on its Internet website, if the committee has a website.