FULTON COUNTY DEMOCRATIC PARTY COMMITTEE BY-LAWS

Article I

GENERAL

The Fulton County Democratic Party is the organization that represents all citizens residing in Fulton County who wish to adhere to the principles and further the aims of the Democratic Parties of Georgia and the United States of America.

Article II

FULTON COUNTY DEMOCRATIC PARTY COMMITTEE

Section 2.1. The Fulton County Democratic Party Committee (hereinafter "FCDPC") shall have general responsibility for the coordination and furtherance of the work and purposes of the Fulton County Democratic Party and shall perform generally the functions of a County Democratic Committee, subject to the provisions of the Charter and By-Laws of the Democratic Parties of Georgia and the United States of America, the resolutions and other actions of the Democratic National Committee ("DNC"), and these By-Laws. In discharging its operating responsibilities, the FCDPC shall, but is not limited to:

(a) Increase voter awareness and participation;

(b) Promote development of Party organizations and activities;

(c) Seek and encourage qualified candidates for public office;

(d) Support Democratic nominees;

(e) Perform such primary and election functions as required by law;

(f) Maintain appropriate records;

(g) Promote and add logistical support to the State Affirmative Action Program;

(h) Raise funds to support the purposes of the FCDPC;

(i) Perform such other duties as may be required by the FCDPC;

(j) Elect State Committee members; and,

(k) Determine Party Districts and Apportionment.

Section 2.2. The FCDPC shall be comprised of residents of Fulton County who are ex-officio members (Section 2.5) and residents of Fulton County who are elected to represent Party Districts.

(a) For each State House Seat which district is located partly or wholly in Fulton County, that portion of the State House Seat District which is located in Fulton County shall constitute a Party District.

(b) In addition to the Party Districts designated in Section 2.2 (a), there shall be two “at large” Party District which shall encompass all of Fulton County.

Section 2.3. Elected members of the FCDPC shall be elected in accordance with the Charter and By-Laws of the Democratic Parties of Georgia and the United States of America. Specifically:

(a) Six members shall be elected from each Party District of Fulton County. If however, the Party District is not an “at large” Party District but is a multi-representative house district, then the number of members elected from that district shall be equal to six multiplied by the number of state representatives serving that multi-representative district. The post to which each member is elected shall be assigned a number (1 through 6).

(b) Members holding posts one, two and three shall be elected in Presidential election years. Members holding posts four, five and six shall be elected in Gubernatorial election years.

(c) Members shall be elected by Primary Ballot as part of the General Primary Election unless such member is selected to fill a post seat that is vacant or becomes vacant before the natural expiration of that seat’s term. Selection to fill a vacant seat shall be conducted in accordance with rules established by a committee established for such purpose.

(d) Subject to section 2.3 (b), elected members shall serve a four year term which term shall begin on the first day of the first month after their election. Terms of committee members, except ex-officio members as established in section 2.5 and except “at large” elected members pursuant to section 2.2 (b), shall be terminated following a general reapportionment which termination shall become effective following the election of new members pursuant to the reapportionment in the next scheduled General Primary Election. Elections to fill the vacancies which shall be caused by reapportionment shall take place in the next scheduled General Primary Election.

Section 2.4.

(a) A member may resign by written notice to the Chairperson, and such resignation shall be effective immediately.

(b) An elected member who shall cease to have his principal residence in the district in which he or she was elected shall be deemed to have resigned effective upon his or her change of principal residence.

Section 2.5. All officers of the FCDPC as elected or appointed pursuant to Article IV, upon election or appointment and thereafter, are ex-officio members of the FCDPC. These ex-officio members shall serve a four (4) year term which shall begin upon their taking office pursuant to their election or appointment as an officer of the FCDPC. These ex-officio members have all the rights, entitlements and enjoyments allowed or given over to regular or elected members of the FCDPC. The ex-officio member status may be held, at the sole discretion of the holder, in addition to or in substitution of regular member status.

Article III

MEETINGS

Section 3.1. The Committee shall meet regularly at least once each quarter. The Committee Chair may call special meetings. Where meetings are not held in a previously designated time and place, members shall be provided appropriate notice at least 5 days in advance.

Section 3.2. Emergency meetings may be called by the Chair upon 5 days appropriate notice.

Section 3.3. A quorum for a meeting shall require the presence of fifteen members of the FCDPC.

Section 3.4. All decisions shall be taken by simple majority vote except where a two-thirds vote is required (Sections 4.8, 7.1).

Section 3.5. No person shall be entitled to more than one vote. Proxy voting is not allowed. Secret ballot shall never be permissible.

Section 3.6. All meetings of each body of the Committee shall be open to the public unless the Committee votes to go into Executive Session.

Section 3.7. Unless otherwise provided for, Robert’s Rules of Order, most recently revised, shall govern the conduct of all meetings.

Article IV

OFFICERS

Section 4.1. The officers of the committee shall be a Chairperson, a First Vice, Second Vice, Third and Fourth Vice Chairperson, a Secretary, a Treasurer, Executive Director and Counsel. These officers shall constitute the Executive Committee of the FCDPC.

Section 4.2. The Committee shall elect officers no sooner than the General Election and no later than December 31 of even numbered years, to take office January 1 of the following year, or immediately following the election, whichever is earlier. The new Chair shall immediately upon taking office notify the State Committee Chair and appropriate Congressional District Chair of his/her election.

Section 4.3. Prior to the election meeting, the Chairperson shall appoint, with the approval of the Executive Committee, five (5) members of the FCDPC as a Nominating Committee. It shall be the duty of the Nominating Committee to call for nominations for officers and to determine which individuals whose names are submitted for nomination are qualified to fill FCDPC offices. Members of the Nominating Committee shall not be candidates for office. By appropriate notice to the members at least 10 days in advance of the election meeting of the FCDPC, the Nominating Committee shall provide the names of qualified individuals nominated by the Nominating Committee. Nominations may also be made from the floor at the election meeting.

Section 4.4. Election shall be by a majority of the votes cast by members of the FCDPC and shall be by open ballot.

Section 4.5. The Chairperson shall be elected on the first ballot cast; the remaining officers shall be elected by subsequent ballot. The first four elected members of the Executive Committee shall be, whenever possible, comprised of an equal number of men and women as follows: the Chairperson and First Vice-Chairperson shall be of the opposite sex; the Second Vice-Chairperson shall be of the opposite sex of the First Vice-Chairperson, and so on. The election sequence of officers shall be as follows: Chairperson, First Vice-Chairperson, Second Vice-Chairperson, Third Vice-Chairperson, Fourth Vice-Chairperson, Secretary, and Treasurer.

Section 4.6. Within one month’s time from the date of election, Counsel may be appointed by the Chairperson after consultation with the Executive Committee.

Section 4.7. Officers shall serve for a term of two years or until their successors have been elected and qualify.

Section 4.8. An officer may be removed by the FCDPC for cause, with reasonable notice, and with the opportunity to be heard, by a two-thirds (2/3) vote of the FCDPC, provided forty percent of the FCDPC membership is present. Cause for removal may include failure to perform designated duties of office; conduct that brings discredit upon the Democratic Party; and convictions for crimes of moral turpitude.

Section 4.9. In the event of a vacancy, or the resignation or removal of an officer in accordance with Section 4.8, the FCDPC shall proceed immediately with the election of a replacement at a regularly scheduled meeting of the FCDPC, where nominations shall be taken from the floor. Such election may not take place any sooner than 25 days after such vacancy, resignation or removal. The person elected shall immediately take office and shall serve out the balance of the term.

Section 4.10. The Chairperson shall be responsible for carrying out the programs and policies of the Democratic Party, and the FCDPC. The Chairperson shall preside at all meetings establishing their agenda and implementing their decisions. Following consultation with the Executive Committee, the Chairperson may appoint deputies or assistant officers. Following consultation with the Executive Committee, the Chairperson may appoint committees and persons to chair such committees. The FCDPC shall be notified by the Chairperson of such appointments.

Section 4.11. The First Vice-Chairperson shall replace the Chairperson whenever the latter is absent or is incapacitated, and shall have such other duties as may be prescribed by the chairperson. The Second Vice-Chairperson shall replace the Vice-Chairperson whenever the Chairperson and First-Vice Chairperson are absent or incapacitated, and shall have such other duties as may be prescribed by the Chairperson. The Third Vice-Chairperson shall replace the Vice-Chairperson whenever the Chairperson and First Vice- and Second Vice-Chairpersons are absent or incapacitated, and shall have such other duties as may be prescribed by the Chairperson. The Fourth Vice-Chairperson shall replace the Vice-Chairperson whenever the Chairperson and First Vice- and Second Vice-Chairpersons and Third Vice-Chairperson are absent or incapacitated, and shall have such other duties as may be prescribed by the Chairperson.

Section 4.12. The Secretary shall keep minutes of the FCDPC meetings, circulate minutes and records of action to members, be responsible for the records and membership lists, and perform such other duties as may be prescribed by the Chairperson.

Section 4.13. The Treasurer shall make an annual financial report to the FCDPC and any necessary reports to the Democratic Party of Georgia, DNC, the State of Georgia or the United States Government. The Treasurer shall maintain records of all financial transactions, kept on a calendar year basis, and a list of unpaid obligations. The Treasurer shall see that all appropriate financial records are audited each year.

Section 4.14. The Counsel shall be an attorney who is a member in good standing of the State Bar of Georgia. He or she shall be available for consultation, upon request of the Chairperson, on legal and procedural questions relating to FCDPC and its activities, and the interpretation of and compliance with the Charter and By-Laws of the Democratic Party of Georgia and the DNC, and the By-Laws of the FCDPC.

Section 4.15. The Executive Committee shall be responsible for the conduct of the affairs of FCDPC in accordance with the policies of the Democratic Party of Georgia and DNC. The Executive Committee shall establish its own rules and, when convened by the Chairperson, may act in meeting, by telephone, or by written note, including email and facsimile.

Section 4.16.Following consultation with the Executive Committee, the FCDPC Chairperson shall name an Executive Director to perform such duties as the Chairperson may prescribe.

Article V

COUNTY DIVISIONAL COMMITTEES

County Divisional Committees or “clubs” are eliminated, are not authorized and have no official recognition.

Article VI

CONTRIBUTIONS

Section 6.1. Members of the FCDPC are expected to contribute twenty-five ($25) per annum to the FCDPC. No member, however, shall lose his or her membership status as a consequence of not making such contribution.

Article VII

AMENDMENTS

Section 7.1. Proposed amendments to the By-Laws shall be in writing and filed with the Chairperson at least thirty (30) days before the meeting at which they are to be considered. Said proposal shall be referred to the By-Laws Committee for consideration. The By-Laws Committee shall make a written recommendation to the FCDPC at least ten (10) days before the meeting at which they are to be considered. Amendments shall be approved by a two-thirds (2/3) vote of the FCDPC, provided a forty percent (40%) quorum is met.

Section 7.2. Amendments to the By-Laws shall not require that members of the FCDPC or the officers, thereof, stand for election or re-election prior to the natural expiration of their term. Specifically, amendments to the By-Laws shall never be interpreted, unless such is stated with particularity in the amendments, so as to terminate the Members of the FCDPC or the officers, thereof, which are in existence at the time the amendment is passed.

Article VIII

CANDIDATE ENDORSEMENT

Section 8.1. The FCDPC and its members in their official capacity are explicitly prohibited from supporting a Democratic candidate who has opposition during a primary or Democratic opposition during a special election, nor shall any Party member use his/her office to support an opposed primary candidate or a candidate who has Democratic opposition in a special election. No Party member shall publicly support another candidate other than the Democratic nominee in a General election; provided, however, nothing herein shall prevent any member from making any endorsement in a non-partisan election.

Article IX

PARTICIPATION

Section 9.1. The FCDPC shall be open to all who desire to support the Democratic Party and who wish to be known as Democrats.

Section 9.2. Discrimination in the conduct of the Democratic Party affairs on the basis of sex, race, age (if of voting age), color, creed, national origin, religion, economic status, sexual orientation, ethnic identity or physical disability is prohibited, to the end that the Democratic Party at all levels is to be an open party.

Section 9.3. To encourage full participation by all Democrats, with particular concern for minority groups, the FCDPC shall adopt and implement an affirmative action program which provides for representation as nearly as practicable of such minority groups, as indicated by their presence in the Democratic electorate.

Section 9.4. This goal shall not be accomplished either directly or indirectly by the imposition of mandatory quotas; however, representation as nearly as practicable of minority groups, as indicated by their presence in the Democratic electorate, as provided in this Article, shall not be deemed a quota.

Section 9.5. The FCDPC shall provide for an Affirmative Action Subcommittee.

Article X

GENERAL PROVISIONS

Section 10.1. The FCDPC shall undertake, through the FCDPC officers, all reasonable actions and efforts to protect the special identity of the FCDPC including, but not limited to, the protection of: all names, monikers, identifiers, symbols, marks, rights, or the like associated with the FCDPC as provided to it by law and/or by the Democratic Party of Georgia and/or the DNC.

Section 10.2. The FCDPC shall not vote to directly contribute any of the FCDPC’s funds, goods or services to any person, entity, candidate, campaign or committee without first obtaining a recommendation from a majority of the FCDPC Executive Committee.