For these ends, and upon these principles, we hereby establish and ordain this constitution of the Independence Party of Florida.
The name of this organization shall be the Independence Party of Florida. The Independence Party of Florida shall also be known as the Independence Party, and the IP.
The Object of the Independence Party is to function as a Florida political party as defined in FS 97.021(13) and accordingly to:
(a) nominate candidates for partisan public office;
(b) endorse candidates for partisan and nonpartisan public office;
(c) assist Independence Party-endorsed candidates in their campaigns for public office;
(d) assist Independence Party-endorsed elected public officials in their service in public office;
(e) advocate the enactment of public policy and laws that are consistent with the Independence Party principles, platform, and public policy positions;
(f) support Independence Party members for appointed public office;
(g) encourage and support citizen participation in the public political process; and
(h) support and participate in similar activities at the national level.
Any person may be a member of the Independence Party who is in agreement with the Independence Party principles and object and is in compliance with the political party membership provisions of the Florida Statutes.
IV.1 State Convention Organization
IV.1.1 Existence
There shall be a state convention.
IV.1.2 Members and Officers
The members of the state convention shall be those persons recording "Independence Party" as their political affiliation in the voter registration records of their county of residence, and have documented that registration record in writing to the state secretary of the party. The state party officers shall be the officers of the state convention.
IV.1.3 Responsibilities
The state convention shall provide the governance of the Independence Party of Florida.
IV.1.4 Powers
The state convention shall be the supreme governing body of the Independence Party and shall have all power and authority of the Independence Party, subject to the provisions of this constitution and the bylaws.
IV.1.5 Duties
The state convention shall:
(a) elect the state party officers,
(b) nominate and/or endorse candidates for statewide public office, or return votes of no endorsement or no nomination, and
(c) adopt the state party platform.
The state convention may assume other such duties as it deems appropriate and necessary to carry on the affairs of the Independence Party, subject to the provisions of this constitution and the bylaws.
IV.2 State Convention Sessions
IV.2.1 Regular Sessions
The state convention shall assemble in regular session once in each calendar year. The day or days, time, and location of each such session shall be set by the state party officers. A written call to each such session shall be mailed to each member identified in Article IV.1.2 at least thirty days before the opening of such session. The quorum for each such session shall be one-third of those in attendance at the session.
IV.2.2 Special Sessions
Special sessions of the state convention may be called by the state executive committee. The day or days, time, and location of each such session shall be set by the state executive committee. A written call to each such session shall be mailed to each member identified in Article IV.1.2 at least fifteen days before the opening of such session. Only those items of business that are specifically stated in the call to each such session shall be in order in the session. Such items shall be determined by the state executive committee. The quorum for each special session of the state convention shall be one-third of those in attendance at the session.
V.1 State Executive Committee Organization
V.1.1 Existence
There shall be a state executive committee.
V.1.2 Members and Officers
The state executive committee shall include 11 persons elected by the state convention, and each Independence Party-endorsed elected public official shall be an ex officio member of the state executive committee. The state party officers shall be elected by, and from among, the members of the state executive committee.
V.1.3 Responsibilities
The state executive committee shall provide the governance of the Independence Party between sessions of the state convention.
V.1.4 Powers
The state executive committee shall be the highest governing body of the Independence Party and shall have the power to:
(a) adopt, amend, and rescind provisions of the state party bylaws by majority vote, and
(b) form and dissolve state standing committees.
Previous notice of any motion pertaining to the state party bylaws shall be included in the call to the meeting in which the motion will be made. The state executive committee shall have other such powers as are appropriate and necessary to carry on the affairs of the Independence Party, subject to the provisions of this constitution and the bylaws.
V.1.5 Duties
The state executive committee shall oversee and supervise the day to day operations of the Independence Party, and select state standing committee chairpersons. The state executive committee shall have such other duties as are appropriate and necessary to carry on the affairs of the Independence Party, subject to the provisions of this constitution and the bylaws.
V.2 State Executive Committee Meetings
V.2.1 Regular Meetings
There shall be regular meetings of the state executive committee. Each such meeting shall occur no less than ninety days and no more than two hundred seventy days after the close of the preceding regular session of the state convention. The meeting day or days, time, and location shall be set by the state executive committee. Written notice of each such meeting shall be mailed to each state executive committee member at least thirty days before the opening of the meeting. The quorum for each regular meeting of the state executive committee shall be one-third of the state executive committee members in attendance.
V.2.2 Special Meetings
Special meetings of the state executive committee may be called by the state executive committee or by petition of one-third of the state executive committee members. Such a petition shall be filed with the state party secretary. The day or days, time, and location of each such meeting shall be set by the state executive committee or stated in the petition for the meeting. A written call to each such meeting shall be mailed to each state executive committee member at least fifteen days before the opening of the meeting. Only those items of business that are specifically stated in the call to each such meeting shall be in order in the meeting. Such items shall be determined by the state executive committee or stated in the petition for the meeting. The quorum for each special meeting of the state executive committee shall be one-third of the state executive committee members, without regard to the number of members present at the meeting.
V.2.3 Emergency Meetings
Emergency meetings of the state executive committee may be called without previous notice by the state party chairperson, the majority of the committee officers, or the state executive committee. The quorum for each such meeting shall be the majority of the state executive committee members without regard to the number of members present at the meeting. No business shall be in order in any emergency meeting of the state executive committee that could otherwise be taken up in a special meeting or regular meeting without adverse consequence to the Independence Party.
VI.1 Existence and Designation
There shall be state party officers. The state party officers shall be the state party chairperson, vice chairperson, secretary, and treasurer. The state party chairperson shall be an ex officio member of all Independence Party committees, except nominations committees.
VI.2 Duties, Responsibilities, and Powers
Each state party officer shall have, as appropriate to one's office, such parliamentary and administrative duties, responsibilities and powers as are appropriate and necessary to carry on the parliamentary and administrative affairs of the Independence Party.
VI.3 Election
State party officers shall be elected by majority vote of the state executive committee at each odd-numbered calendar year, once such committee is constituted at a regular session of the state convention.
VI.4 Term
The term of office for each state party officer shall begin fifteen days after the close of each odd-numbered calendar year regular session of the state convention and end fourteen days after the close of the next such session.
VI.5 Vacancy
State party officer vacancies shall be filled by majority vote of the state executive committee. Where the state party treasurer is absent or the state party treasurer office is vacant, the state party chairperson shall also serve as the state party treasurer until the treasurer is no longer absent or the office is no longer vacant.
There shall be state standing committees. The existence and properties of each state standing committee shall be provided in the resolution of the state executive committee which calls such standing committees into existence.
There shall be state special committees. Each state special committee may also be known as a state ad hoc committee, select committee, screening committee, advisory committee, investigating committee, commission, or task force. State special committees may be formed by resolution of the state convention, state executive committee, or action by the state party chairperson. The properties of each state special committee shall be specified in the resolution to appoint the special committee; except each state special committee formed by the state party chairperson shall serve as directed by the state party chairperson, and each such committee may be dissolved by the state executive committee. No state special committee shall exist for more than eighteen consecutive calendar months without being again formed by the authority that first formed the special committee.
IX.1 Existence and Definition
There shall be a state party platform which shall consist of platform planks. The state party platform shall be:
(a) the highest official statement of public policy made and issued in the name of the Independence Party, and
(b) in keeping with the principles and object of the Independence Party.
Each platform plank receiving three-fourths or more of a state convention vote for it, as a cornerstone plank, shall be known as a cornerstone plank. Each platform plank not adopted as a cornerstone plank, yet receiving three-fifths or more of a state convention vote shall be known as a supporting plank.
IX.2 Platform Formulation and "Sunset" for Planks
State party platform planks may be adopted or repealed at any regular or special session of the state convention for which the convention call indicated that platform would be a business item. The Convention plank voting process will provide delegates three choices:
(1) include as a cornerstone plank,
(2) include as a supporting plank, or
(3) do not include in the platform.
In even-numbered calendar years, at the opening of platform deliberations by the regular session of the state convention, each and every current plank will be removed from the platform if no state convention has adopted or reaffirmed the plank since the last general, statewide election (November in the previous even-numbered year). Planks must be reaffirmed in the same way a new plank would be adopted.
State party bylaws may be devised by the state executive committee, such bylaws being subject to the provisions of this constitution and in keeping with the principles and object of the Independence Party. Such bylaws shall be subject to endorsement by the state convention when first proposed. Where any provision of the bylaws conflicts with the provisions of this constitution, the provisions of this constitution shall prevail and the provision of the bylaws which so conflicts shall be null and void. Current copies of the state party bylaws shall be filed with and maintained by the state party secretary.
The parliamentary authority of the Independence Party shall be the current edition of The Scott Foresman Robert's Rules of Order Newly Revised. The provisions of the parliamentary authority shall prevail in all cases to which they apply and in which they are not inconsistent with this constitution, the bylaws, and any standing rules, or special rules of order the Independence Party may adopt.
XII.1 Definitions
XII.1.1 "State executive committee" or "state convention" shall mean the Independence Party unit of that name having the same territorial limits as the territorial limits of the state of Florida, and having jurisdiction in those limits, subject to the provisions of this constitution and the bylaws.
XII.1.2 "File," "filing," or "filed" shall mean mailed in a timely manner to the appropriate authority and kept in the official books or records of the Independence Party.
XII.1.3 "Mail," "by mail," or "mailed" shall mean sending or receiving documents via the First Class Mail service of the United States Postal Service, or by a method that is equally reliable and timely or more reliable and timely.
XII.1.4 "Eligible to vote" shall mean eligible to vote in a State of Florida general election as provided in the Florida Statutes.
XII.1.5 "Properties" of a convention or committee shall mean the existence, definition, designation, responsibilities, powers, duties, voting rights, sessions or meetings, quorum, members, officers, terms, and other such characteristics of the convention or committee.
XII.1.6 "Party" shall mean the Independence Party of Florida, or of the Independence Party of Florida.
XII.2 General Provisions For Members and Officials
XII.2.1 Accreditation
Each Independence Party member or official shall be accredited by virtue of one's standing as a member or official, and compliance with such registration requirements as may be provided in the Florida statues, the Independence Party parliamentary authority, its bylaws, or the standing rules of a convention.
XII.2.2 Fees
No fees or assessments shall be charged to any individual as a condition of eligibility for party office, continuing service in party office, or participation in any Independence Party convention or committee.
XII.2.3 Voting and Participation Rights
No person shall be required to cast a vote contrary to one's expressed preference.
No person shall be granted Independence Party voting rights who is not an Independence Party member in good standing.
No person shall have more than one vote.
No person shall have less than one vote.
No Independence Party member or official shall be granted party voting rights who is not accredited.
No person shall be denied voting or participation rights except by due process as may be provided in this constitution and as may be further provided in the bylaws and parliamentary authority.
No person shall have committee voting rights who is not a member of the committee conducting a vote.
XII.2.4 Proxy Voting Prohibited
There shall be no proxy votes or voting by proxy.
XII.2.5 Eligibility To Be An Independence Party Official
No person shall be eligible to be an Independence Party official who is not eligible to vote in the territorial limits of the party office one seeks or holds; except officers of a convention that exist and serve under the standing rules of the convention. Notwithstanding Article V.1.2 of this constitution, no person shall be eligible to be an Independence Party official who is not a member of the Independence Party.
XII.2.6 Duties of Independence Party Officials
Each Independence Party official shall, as appropriate to one's office:
(a) read the Independence Party constitution and bylaws,
(b) be present at sessions and meetings,
(c) notify officials of one's anticipated absence from upcoming meetings or sessions,
(d) vote or register abstention from voting on questions that properly come before the official,
(e) maintain proper registration,
(f) cast vote by mail ballots in the time and manner provided for doing so,
(g) respond to official Independence Party surveys, and
(h) present such reports as may be officially requested.
XII.2.7 Limits of Responsibility, Power, and Duty
Each Independence Party official shall have only those responsibilities, powers, and duties that are provided in this constitution and such as may be provided in the bylaws, standing rules of a committee, standing rules of a convention, or the parliamentary authority.
XII.2.8 Term Limit
No person shall serve in the same Independence Party office for more than three consecutive terms.
XII.2.9 Removal of Independence Party Officials
Each Independence Party official that is elected by a convention may be removed from office for cause by a two-thirds vote of the same convention that has the same jurisdiction as the convention that elected the official. Each Independence Party official that is elected by a committee may be removed from office for cause by two-thirds vote of a committee that has the same territorial limits and jurisdiction as the committee that elected the official. Each Independence Party official that is appointed may be removed from office for any reason by action of the authority that appointed the official.
XII.2.10 Appeals
Except action pertaining to breaches of order in any meeting or session, corrective or disciplinary action that is imposed upon any party member, official, committee, or convention may be appealed within fifteen days of notification of such action to the committee that is next-higher to the committee or convention that imposed such action. After receipt of such an appeal, that next-higher committee may refer the appeal to its next-higher committee or affirm, amend, or rescind the action imposed. No appeal so referred shall again be referred. Appeals shall have precedence over all other committee business. The voting and participatory rights of any member, official, committee, or convention that has made such an appeal shall remain in full force and effect while one's appeal is pending; except that the authority that imposes corrective or disciplinary action upon an elected officer may direct that the officer shall be suspended from certain parliamentary and administrative responsibilities, powers, or duties while any appeal the officer may make is pending. An officer so suspended shall otherwise remain in good standing until the officer's appeal is resolved.
XII.2.11 Honors
Honorary titles or positions may be conferred upon individuals by resolution of a convention, as appropriate to that convention's territorial limits and jurisdiction.
XII.3 General Provisions for Conventions and Committees
XII.3.1 Rules
Each Independence Party convention may adopt rules pertaining to its delegates, officers of the convention, and the conduct of the business and affairs of the convention. Such rules shall be known as the standing rules of the convention. Standing rules of the convention shall be subject to the provisions of this constitution and the bylaws. The effect of such rules shall expire at the close of the session at which the rules were adopted.
XII.3.2 Minutes
Each Independence Party convention shall provide for the keeping and approval of minutes of its session proceedings, and for the filing of such minutes with the state party secretary.
XII.3.3 Power To Form Standing and Special Committees
Each convention and each committee shall have the power to form standing committees and special committees, as appropriate to its jurisdiction, and subject to the provisions of this constitution and the bylaws.
XII.3.4 Vote By Mail
The officers of each Independence Party convention or committee may conduct votes by mail. Each vote by mail shall be by written ballot. No vote by mail shall be by secret ballot. The percentage of votes tallied in a vote by mail shall be the percentage of all possible votes, without regard to the number of ballots actually cast. No vote by mail election or ballot question shall be decided by less than a majority vote. Procedures for conducting a vote by mail and for the authentication, public inspection, filing, and retention of vote by mail ballots, and for challenging the accuracy of a vote by mail, shall be such as may be provided in the bylaws. No vote by mail shall be conducted in the absence of such bylaws provisions. No vote by mail shall be conducted in lieu of any session, meeting, business, or action required by the provisions of this constitution and the bylaws.
XII.3.6 Spending Restrictions
No money shall be disbursed by any Independence Party state convention, state committee, or state treasurer:
(a) in support of any public policy initiative that is not in keeping with the Independence Party principles and state party platform,
(b) for the benefit of any candidate for public office who is not endorsed by the Independence Party, except as may be provided in the state party bylaws, or
(c) for any purpose that is not in keeping with the Independence Party object.
XII.4 General Administrative Provisions
XII.4.1 Accounting Standards
Each financial report given or approved by any Independence Party official, committee, or convention shall be in keeping with generally accepted accounting principles.
XII.4.2 Open Meetings and Books
All Independence Party meetings, sessions, books, records, and lists shall be open to the public; except executive sessions, the minutes of executive sessions, and membership lists.
XII.4.3 Constitution Composition
This constitution is composed of the numbering, titling, and text of the Preamble and Articles I through XIII. Page identification, format, and any attached cover pages or reference aids shall not be deemed part of this constitution. No text or illustrations other than the text of this constitution, page identification, and cross references shall be placed between the first word and last word or in the margins of this constitution.
XII.4.4 Severability
The provisions of this constitution and the bylaws shall be severable and separately enforceable. Where any article, section, or subdivision of this constitution, the bylaws, or portion thereof, become invalidated or declared void by proper authority, all other provisions of this constitution and the bylaws shall remain in full force and effect.
This constitution may be amended by two-thirds vote of the state convention in regular or special session. Previous written notice of each motion to amend this constitution shall be included in the call to the session at which such motion will be made.
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