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Proposal Details

Proposal ID	23
Proposal	Bylaws amendment: Article 6 County Councils
Presenter	Coordinating Committee
Floor Manager	Mike Feinstein
Phase	Closed
Discussion	01/29/2013 - 03/11/2013
Voting	03/12/2013 - 03/22/2013
Result	Adopted
Presens Quorum	13 0.5001
Consens Quorum	42 0.6666 of Yes and No Votes

Background

This new Article 6 County Councils

(1) takes the text from "Section 4-1. County Councils" of the existing bylaws and makes it its own Article. The following objectives are addressed in this revised text:

• Establishes a clear beginning and ending time for newly elected County Councils, such that "Elections shall be for two-year terms lasting until 30 days after the next direct primary election." This is based on the fact that across California, the Election Code establishes that the results of the direct primary election must be certified no later than 29 days after the primary occurs.

• Establishes a clear statewide criteria for how vacancies occur in "6-4 Vacancy", and then gives additional flexibility for County Organizations to add to those criteria, including requirements for attendance.

• Eliminates the current ambiguity and dispute about the ability of sitting County Councils to change their size, in terms of how many members may be elected in the direct primary election. Clarifies that for counties of at least 500 registered Greens, counties may amend their size as long as they do so far enough in advance before the elections are held to notify the Secretary of State and County Registrar's office; and by establishing a minimum number of members (five) that they must have. For counties with with up to 150 registered Greens, current GPCA bylaws state that the size shall be three. This proposal does not change that, but establishes a set size of five for counties with more than 150 and less than 500 registered Greens in order to ensure a broader base of representation.

• Establishes a clear removals for causes standard in "6-5 Removal for Cause" Section. The text in the existing bylaws is ambiguous, because it doesn't make it clear who can remove an elected County Councilmember. It simply states the grounds for removal: "Grounds for removal: Any member of the county council may be removed if they: 1. Register as a member of another political party, or 2. Violate the bylaws of the state plenary or county."

The new "6-5 Removal for Cause" also makes it clear that only the General Assembly can remove an elected County Councilmember. The rationale for this is that these County Councilmembers are elected by the registered Greens in each county, but there is no recall provision (in the state elections code) by which county registrars would conduct a recall election of an elected County Councilmember, so that under current elections code, there is no process for the people that elected a County Councilmember to recall them.

If the power to remove from office were left simply up to the local County Council, then the GPCA would be establishing a system where some County Councilmembers would be able to simply remove from office, other elected County Councilmembers who they don't favor, and do so without consulting the voters who elected those Councilmembers in the first place.

By contrast, since the authority for County Councils even existing in the first place ultimately rests in the state elections code, the GPCA bylaws and the fact that the GPCA exists as a statewide party, this new Section rests the authority to remove an elected member with the General Assembly and provides a process for this occur. This protects the rights of Green voters to have the results of their votes protected from arbitrary action by competing County Council members.

Conversely, this same new section allows County Councils who "appoint" additional members to County Councils to remove them for cause, as those newly appointed members have not been approved by Green voters, but only by those same County Council members.

(2) Concentrates text into "6-2.3 Computation of members allotted" that currently has been in the GPCA bylaws, but is intended to go into the GPCA's Election Code once it is passed by the legislature. This text is written so that until it is passed into the GPCA's Election Code, it remains in the GPCA's bylaws. But once the legislature passes it, it is removed from the bylaws.

(3) Moves the content from the existing "4-1.22 New County Organizations" to the new "Section 6-6 Appointments to Vacancies Where No County Council" exists, with three primary changes. First, making it clearer how a meeting to establish a new County Council has to be publicized, by specifying a 21 day advance notice and a requirement to work with the Coordinating Committee to publicize the meeting. Second, requiring that in counties where there is an active County Organization and no one qualified for the ballot for county council, either the number shall be equal to the amount that would be necessary to sign nomination signatures to appear on the County Council ballot in that county; or at a meeting with less than that number, but with at least three, only those candidates would be eligible who present a nomination petition with a number of signatures from registered Greens in the county, equal to the amount that would be necessary to sign nomination signatures to appear on the County Council ballot in that county. This to encourage the leadership in active counties to go to the ballot and submit themselves to Green voters, rather than avoiding the election process and simply going through the appointment route, which is likely to involve far fewer Greens. Third, it also provides a more clear process for how appeals to the decision of the Coordinating Committee in recognizing new County Councils may be made, including by appeal to the Standing Green Assembly.

Proposal

Proposal: That the following text be approved

Article 6. County Councils

Section 6-1 Members

6-1.1 Members of County Councils shall be those elected in the direct primary election and those appointed in between.

6-1.2 A County Organization's bylaws must specify the number of members to be elected in the county.

6-1.3 If a county has less than 150 registered Green Party voters, the number of members to be elected shall be three;

6-1.4 If a county has between 150 and 500 registered Green Party voters, the number of members to be elected shall be five;

6-1.5 If a county has more than 500 registered Green Party voters, the number shall be either:

6-1.5(a) The greater of the number seven or the integer nearest the resulting quotient obtained by dividing 100 times the number of Green Party registered voters in the county by the number of Green Party registered voters in the state; or

6-1.5(b) Recognized County Organizations may choose to modify the number of members to be elected by notifying the Coordinating Committee at least 165 days prior to the direct primary election, notification of which must include minutes of the decision that took place. In such cases the number of members to be elected may be no fewer than five. It shall be the responsibility of the Coordinating Committee to notify the Secretary of State of the modification no later than 135 days prior to the direct primary election.

Section 6-2 Elections

6-2.1 Members shall be elected in each county at each direct primary election. Only those legally registered to vote in California as members of the Green Party are eligible to be elected. Elections shall be for two-year terms lasting until 30 days after the next direct primary election.

6-2.2 Multi-Member Districts

6-2.2(a) Members shall be elected from one or more multi-member districts.

6-2.2(b) A County Organization’s bylaws shall specify that members shall be elected from either a single, countywide multi-member district or multiple, multi-member districts corresponding to the boundaries of the Congressional, State Assembly, State Senate or Supervisorial districts within that county.

6-2.2(c) The number of seats to be elected for each district shall be proportional to the number of registered Green Party members in that district, compared to the number of registered Green Party members county wide.

NOTE: The following text 6-2.3 through 6-2.7 shall be considered part of the GPCA Bylaws, until such text or text similar to it is passed as part of a GPCA section of the California Elections Code:

6-2.3 Computation of members allotted

6-2.3(a) The Secretary of State, no later than the 125th day before the direct primary election, shall compute the number of members of County Councils to be elected in each county and shall mail a certificate to that effect to the county clerk of each county and to the Liaison to the Secretary of State.

6-2.3(b) The county clerk, no later than the 115th day before the direct primary election, shall compute the number of members of County Council members to be elected in each district if the election of the members is to be by district.

6-2.4 In each county, the name of each candidate for member of County Councils shall appear on the ballot only if she or he is registered in the Green Party and has filed a nomination paper pursuant to Division 6 (commencing with Section 6000) of the Elections Code signed in the candidate‘s behalf by Green Party voters of the County Council election district in which she or he is a candidate.

6-2.5 The number of sponsors which shall be required of a person to be a candidate for member of a County Council shall be either: (a) Not less than 20; or (b) Not less than 2 percent of the number of voters registered as affiliated with the Green Party in the County Council election district -- whichever is less. Each sponsor is entitled to sponsor as many candidates as there are seats in the district. Notwithstanding any provision of the Elections Code, as many candidates as there are seats in the district may have their names listed on a single sponsor's certificate, and the signatures thereon shall be counted toward the sponsor requirement of each and every candidate whose name is listed on the certificate. In no case shall the number of candidates having their names on a sponsor's certificate exceed the number of members of the county council to be elected in the district.

6-2.6 No write-in candidate for member of County Council shall be declared elected, however, unless that candidate has received a number of first choice votes equal to or greater than 2 percent of the number of party members voting in the County Council election district at the direct primary or 20 votes, whichever is less.

6-2.7 For the purposes of this Section, the registration figures used shall be those taken from the statement of voters and their political affiliations transmitted by the county clerk/registrar to the Secretary of State on the 135th day prior to the next direct primary election.

6-3 Appointments to Vacancies

6-3.1 At its first meeting following the direct primary election and at subsequent meetings, a County Council may appoint additional members to the County Council to fill any vacancy, unless the County Organization specifies an alternate process in its bylaws. Where no County Council exists, appointments may be made by the process described in 6-6.

6-3.2 No person shall be appointed to membership on a County Council who is registered with another party or registered as "Decline to State" or "No Party Preference." Appointment of other persons who are not eligible to register to vote, but who become party members as described in 3-1, shall be allowed.

6-3.3 Whenever any person is appointed to a County Council, the County Council shall file notices of the appointment with the county clerk/registrar and the Coordinating Committee within 30 days after it is made. The notices shall contain the name and address of the person appointed and shall indicate the date of the appointment.

6-4 Vacancy

A vacancy on the County Council shall be said to exist whenever any of the following has occurred. Additional criteria may be enacted by a County Organization in its bylaws, like attendance requirements, that are not in conflict with these bylaws:

6-4.1 A County Council seat was not filled in an election;

6-4.2 A County Council member has submitted a written statement of resignation to the County Council or the Coordinating Committee;

6-4.3 A County Council member is no longer registered in the county or district within the county from which she or he was elected;

6-4.4 A County Council member is no longer registered Green;

6-4.5 A Councilmember dies or becomes incapacitated to act;

6-4.6 A Councilmember is removed for cause.

6-5 Removal for Cause

6-5.1 County Council members elected in the direct primary election may be removed from office only by a 2/3 vote of the General Assembly in response to a Removal for Cause petition from the County Council in question.

6-5.2 A Removal for Cause petition must contain the written basis for removal, must be approved by the County Council by a 2/3 vote, and must be received by the Coordinating Committee before it can be forwarded to the General Assembly for a vote. The written basis for removal must be based upon a substantial violation of the bylaws of the GPCA and/or the County Organization.

6-5.3 Upon receipt of such Removal for Cause petition, the Coordinating Committee shall schedule a vote of the General Assembly. If an in-person General Assembly is scheduled to occur within 60 days of the receipt of the petition, the Coordinating Committee shall place the vote on the draft agenda, and any agenda approved by the General Assembly must include the vote. If an in-person General Assembly is not scheduled to occur within 60 days of the receipt of the petition, the Coordinating Committee shall submit the petition for a discussion and vote of the Standing General Assembly at the next available starting date for on-line proposals, as defined in these bylaws.

6-5.4 County Council members not elected in the direct primary election, but who have been appointed by the processes described in 6-3 and 6-6, may be removed by the process described in 6-5.1 through 6-5.3, or alternatively, by a 4/5 vote of the County Council, in response to a Removal for Cause proposal containing the written basis for removal.

Section 6-6 Appointments to Vacancies in Counties In Which No County Council members were elected in the primary election

6-6.1 The recognized or newly forming county organization must hold a General Meeting open to all registered Greens in the county. The meeting organizers shall work with the Coordinating committee to ensure that the meeting date, time and location is publicized as widely as possible to all Greens in the county, at least 21 days before the meeting.

6-6.2 To make an appointment at this General Meeting, the County Organization must already have bylaws as specified in 5-1.1., or must them adopt at the General Meeting.

6-6.3 For decisions to be valid at this General Meeting, in counties in which where there is not a recognized County Organization, the number of registered GPCA members in the county that must attend the meeting, must be at least three.

6-6.4 For decisions to be valid at this General Meeting, in counties in which where there is a recognized County Organization, either the number shall be equal to the amount that would be necessary to sign nomination signatures to appear on the County Council ballot in that county; or at a meeting with less than that number, but with at least three, only those candidates would be eligible who present a nomination petition with a number of signatures from registered Greens in the county, equal to the amount that would be necessary to sign nomination signatures to appear on the County Council ballot in that county.

6-6.5 The General Meeting must appoint at least one member to the County Council. Only registered Green Party members in the county are eligible for appointment. The county organization shall forward minutes of the meeting to the Coordinating Committee.

6-6.6 Once the Coordinating Committee has certified that the County Organization is recognized under 5-1, it shall review the minutes of the County Council election and certify the new County Council, unless there is clear evidence that the Council was elected in conflict with that County Organization's bylaws. Any decision by the Coordinating Committee not to certify may be appealed by that County Organization to the General Assembly and shall require a 2/3 vote to certify. If an in-person General Assembly is scheduled to occur within 60 days of the receipt of the petition, the Coordinating Committee shall place the vote on the draft agenda, and any agenda approved by the General Assembly must include the vote. If an in-person General Assembly is not scheduled to occur within 60 days of the receipt of the petition, the Coordinating Committee shall submit the petition for a discussion and vote of the Standing General Assembly at the next available starting date for on-line proposals, as defined in these bylaws.

Resources

None

References

Reference: Text from existing bylaws

Section 4-1. County Councils

4-1.1 Members

a) When county councils elected:

At each direct primary election, members of county councils shall be elected in each county. Counties are encouraged to hold caucuses to choose a slate of gender-balanced candidates.

b) Grounds for removal:

Any member of the county council may be removed if they:

1. Register as a member of another political party, or

2. Violate the bylaws of the state plenary or county.

4-1.2 Registration figures

For the purposes of this section the registration figures used shall be those taken from the statement of voters and their political affiliations transmitted by the county clerks to the Secretary of State on the 135th day prior to the next direct primary election.

4-1.3 Number of members to be elected

If the county has less than 150 registered Green Party voters, the number of members to be elected in that county shall be three. Otherwise, the number of members of the county council to be elected shall be the greater of:

a) The number seven, or

b) The integer nearest the resulting quotient obtained by dividing 100 times the number of Green Party registered voters in the county by the number of Green Party registered voters in the state.

4-1.4 Method of electing members:

Members of County Councils shall be elected from one or more multi-member districts using Choice Voting, the Single Transferable Vote (STV) form of proportional representation, using the Droop threshold (one divided by one plus the number of seats) and fractional transfers as described in the International IDEA Handbook of Electoral System Design (Institute for Democracy and Electoral Assistance(IDEA). First published 1997. Second edition. Stockholm, Sweden. pp.83-84). The multi-member districts shall conform to the county boundaries or the boundaries of Congressional, State Assembly, State Senate or Supervisorial districts in accordance with the county’s bylaws.

4-1.5 Optional county council selection process:

Counties may choose to modify the method of selecting their county council or the size of their county council by notifying the State Coordinating Committee who shall in turn notify the Secretary of State no later than 135 days prior to the direct primary election.

4-1.6 Number to be elected from election district.

The county shall have the total elected members to which it is entitled. The number to be elected for each district shall be the number for the proportion of registered Green Party voters in that district.

4-1.7 Computation of members allotted (county)

The Secretary of State, no later than the 125th day before the direct primary election, shall compute the number of members of county councils to be elected in each county and shall mail a certificate to that effect to the county clerk of each county, to the Green Party State Coordinating Committee and to each Green Party County Council.

4-1.8 Computation of members allotted (election district)

The county clerk, no later than the 115th day before the direct primary election, shall compute the number of members of county councils to be elected in each election district if the election is by election district.

4-1.9 Conditions for candidate's name to appear on ballot

In each county, the name of each candidate for member of county councils shall appear on the ballot only if she or he has:

a) Filed a nomination paper pursuant to Division 6 (commencing with Section 6000) of the Elections Code, signed in the candidate's behalf by Green Party voters in the election district in which she or he is a candidate, and b) Registered to vote in the Green Party.

4-1.10 Residence of candidate (county)

A candidate may seek election only in the multi-member district in which she or he resides.

4-1.11 Number of sponsors

Notwithstanding any other provision of this code, the number of sponsors which shall be required of a person to be a candidate for member of county council shall be the lesser of:

a) 20, or b) Not less than 2 percent of the number of voters registered as affiliated with the Green Party in the county council election district.

4-1.12 Number of sponsors (election district)

Notwithstanding any provision of the Elections Code, up to seven candidates for member of county council in a single election district may have their names listed on a single sponsor's certificate, and the signatures thereon shall be counted toward the sponsor requirement of each and every candidate whose name is listed on the certificate. In no case shall the number of candidates having their names on a sponsor's certificate exceed the number of members of the county council to be elected in the district.

4-1.13 Order of names on ballot

The appearance of the names of the candidates for member of county council on the ballot shall be determined by a public drawing held at the time, place and manner prescribed for determining the order of names of county central committee members pursuant to Chapter 2 (commencing with Section 10200) of Division 8 of the Elections Code.

4-1.14 Form of direct primary ballot

The office of member of county council shall be placed on the direct primary ballot under the heading "Party County Council" in the place and manner designated for the office of county central committee pursuant to Chapter 2 (commencing with Section 10200) of Division 8 of the Elections Code.

4-1.15 Conditions for election of candidate

No write-in candidate for member of county council shall be declared elected, however, unless that candidate has received a number of first choice votes equal to or greater than 2 percent of the number of party members voting in the county council election district at the direct primary or 20 votes, whichever is less.

4-1.16 Recognition by General Assembly of elected county councils

At the first General Assembly following the election of county councils, the General Assembly shall automatically confirm and recognize the members of the county councils certified by local county election officials.

4-1.17 Certificate of election

A certificate of election shall be issued to each elected member of county councils by the officers charged with that duty of issuing certificates of election to members of county central committees under Section 6615 of the Elections Code.

4-1.18 Report of votes cast

The votes cast for each candidate for member of county council shall be included in the canvass and statement of results in a manner similar to the vote for each candidate for county central committee pursuant to Division 12 (commencing with Section 17000) of the Elections Code.

4-1.19 Certification to Secretary of State

The final total of votes cast for each candidate for member of county council, including the name, address and ballot designation of each such candidate, and a specification as to which candidates were declared elected shall be certified to the Secretary of State forthwith upon completion of the official canvass. The county clerk shall simultaneously send one copy of this final certification to the Green Party State Coordinating Committee.

4-1.20 Certified list of elected members

As soon as practicable after the direct primary election, the Secretary of State shall prepare a certified list by county of all elected Green Party members of county councils, including their addresses and primary election ballot designations. The Secretary of State shall send copies of the list to the registrar of voters in each county on or before the 20th day of July following the direct primary election. This list shall be maintained for public inspection by said registrars of voters until a subsequent such list is received.

4-1.21 Notice sent to elected county council members

The Secretary of State, no later than July 20th following the direct primary election, shall send a notice by mail to each of the elected members of county councils which shall inform that person of the following:

a) That he or she has been elected as a member of the county council.

b) The date, time, and location of the next state plenary meeting. The Secretary of State shall send with this notice a copy of the certified list of all elected members of all county councils.

4-1.22 New County Organizations

In counties where the Green Party is newly organized, or in counties which have been organized, but in which no County Council candidates qualified for the primary ballot, County Council members may be approved in the following manner:

a) The county organization must hold a General Meeting open to all registered Greens in the county. The time and location of this meeting must be publicized as widely as possible at least 14 days before the meeting, and at least three people registered as Green party voters from the county must attend the meeting for the decisions of the meeting to be valid.
b) The county must have, or must adopt at this General Meeting, bylaws which establish rules as specified in section 3-2.2 of these bylaws, including rules for filling County Council vacancies;
c) The General Meeting must elect at least one member to the County Council;
d) The State Coordinating Committee regional representatives from the region in which the county is located shall make every effort to ascertain that the new County Council has been legally elected and truly represents the County organization of the Green Party in that county;
e) The State Coordinating Committee shall, at the recommendation of the Coordinating Committee regional representatives from the region in which the county is located, certify the new County Council;
f) The State Coordinating Committee must certify the new County Council unless there is clear evidence that the Council was illegally elected;
g) Any certification decision by the State Coordinating Committee may be appealed to the next meeting of the General Assembly of the California Green Party which may reverse the decision of the State Coordinating Committee.

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