North Carolina. Secretary of State.

North Carolina manual [serial] (Volume 1989-1990) online

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are entitled to as members of the Judicial, State Senate, and State
House of Representatives District Executive Committees; and

5. Such other duties as may be assigned by the State Chairman, the State
Executive Council, the State Executive Committee, or the State Conven-
tion.

4.10 NOTICE OF PARTY MEETINGS

County Chairmen and District Chairmen. Each year, immediately
after the adjournment of the annual meeting of the State Executive Com-
mittee, it shall be the duty of the State Chairman to publish the proceedings
of the same and it shall be the duty of the State Secretary to notify, in
writing, the several County Chairmen and Congressional District chairmen
of the date and places so fixed for the holding of precinct meetings, the date,
time and places for holding of conventions, and the information provided for
in Section 4.08(6).

News Media. Two weeks prior to the date set for the precinct meetings,
the county conventions, the Congressional District Conventions and the
State Convention, the State Chairman shall disseminate by means of press
release to all news media in the state, the time, location (except for county
conventions and precinct meetings) and function of each meeting or conven-
tion and urge all active Democrats to participate.

In addition to the procedures outlined above, the State Chairman, Congres-
sional District Chairmen, and the county chairmen, shall use such other
means and methods as will insure full and timely knowledge of the functions
and times of all Party meetings.

4.11 ANNUAL AUDIT

The State Executive Council shall provide for an annual audit of the
financial accounts and balances of the State Executive Committee funds.

5.00 COUNTY CONVENTIONS

5.01 MEETING AND FUNCTION

Annual Meeting. Each county shall hold a County Convention annually
in accordance with the date and the time designated by the State Chairman
pursuant to Section 4.08(2).

Place of Convention. The County Chairman shall, 30 days prior to the
date such convention is to be held, designate the exact place where such



828 North Carolina Manual

convention is to be held and the same shall be announced prior to the
adjournment of the precinct meetings.

Presiding Officer. All county conventions shall be called to order by the
County Chairman, but in his or her absence, the vice-chairman of the
committee in order of succession, the secretary and the treasurer shall, in
order of succession, preside over the Convention, and in case none of the
foregoing persons shall be present, then by any delegate to the convention
who shall preside until a permanent chairman is elected by the Convention.

Order of Business: Odd-Numbered Years. The county convention,
held in odd-numbered years, shall:

1. Elect, from among the active Democrats of the county, the officers of
the County Executive Committee;

2. Elect, from among the active Democrats of the county, the members of
the State Executive Committes to which the county is entitled;

3. Elect, from among the active Democrats of the county, the delegates to
the annual Congressional District convention. The county chairman
shall notify in writing within five days all persons elected as delegates;
and

4. Conduct any other business related to the affairs of the county.
Order of Business: Even-Numbered Years. The county convention

held in even-numbered years shall:

1. Elect, from among the active Democrats of the county, delegates to the
annual Congressional District cnvention and to the bicentennial state
convention in accordance with Section 6.01 and 6.02. The county
chairman shall notify in writing within five days all persons elected as
delegates.

2. Elect, from among the active Democrats of the County, two members of
each of the following: the Judicial District Executive Committee, the
State Senatorial District Executive Committee and the State House of
Representatives District Executive Committee; provided that a county
shall not elect members to that particular District Executive Com-
mittee, if it is not a part of a multi-county Judicial, State Senatorial, or
State House of Representatives District; and

3. Conduct any other business related to the affairs of the county.
Certification. Within five days following the County Convention, the

County Chairman shall certify to the District and State Chairman the
names, addresses, race, and telephone numbers of all persons elected as
delegates, officers, and members of any Executive Committee.

5.02 VOTING

Allocation of Votes, Each precinct shall be entitled to cast in the county
convention one vote for every 100 Democratic votes, or major fraction
thereof, cast by the precinct for Governor in the last preceding gubernatorial
election; provided that each precinct shall be entitled to cast at least one vote
at the County Convention.

Votes Divided Among Delegates Present. The precinct delegates who
attend the County Convention shall be entitled to vote the full strength of
their precinct upon all matters of business which come before the convention.



The Democratic Party 829

provided that the precinct originally elected at least one delegate for each
vote to which it was entitled, as provided in Section 1.08. Each such delegate
present from a particular precinct shall cast an equal number of the votes to
which the precinct is entitled. All votes which the precinct is entitled to cast
shall be divided equally among all the delegates representing that precinct
who are in attendance.

Tabulation of Votes. The County Chairman shall appoint a sufficient
number of secretaries or accountants, who shall reduce the votes to decimals,
rounding off to the nearest hundredth and tabulate the votes.

Voice Votes. Nothing herein contained shall prevent the Convention
from making nominations, holding elections and conducting business viva
voce or by acclamation where a vote by precincts is not demanded by 25
percent of the certified voters present.

Vote May Not Be Changed. After a vote is cast, there shall be no
change in such vote until after the roll call is completed and before the final
result of the ballot shall be announced by the Chairman of the Convention.

Reporting and Challenging the Vote. It shall be the duty of the
delegates from the several precincts to choose one of their number as
chairman, whose name shall be reported to the Chairman of the Convention;
and whose duty it shall be to cast the vote of the precinct as directed; and
the vote as announced by such person shall be recorded unless some delegate
from that precinct shall challenge its accuracy, in which case it shall be the
duty of the Chairman of the Convention to cause the roll of delegates from
that precinct to be called, upon which the vote of such precinct shall be
tabulated and recorded according to the response of the delegates; but in no
event shall the vote of one precinct be challenged by a delegate from another
precinct.

5.03 RULES FOR COUNTY CONVENTIONS

The County Executive Committee shall have the power to make such other
rules and regulations for the holding of County Conventions not inconsistent
with this Plan of Organization, as may be deemed necessary or expedient.

6.00 DISTRICT AND STATE CONVENTIONS

6.01 CONGRESSIONAL DISTRICT CONVENTIONS

When and Where Held. An annual Congressional District convention
shall be held within the geographical boundaries of each Congressional
District each year. The State Chairman shall designate the date, the time,
and the city in which such Convention shall be held. The exact location of
the Convention in such city shall be determined by the District Chairman.

Allocation of Votes. Each county in a Congressional District shall be
entitled to cast at a Congressional District Convention one vote for every
300 votes, or major fraction thereof, cast in that county for the Democratic
candidate for Governor at the last preceding gubernatorial election; provided,
that each county shall be entitled to cast at least one vote.

Election of Delegates. The Congressional District convention shall be
composed of delegates elected by the several County Conventions held



830 North Carolina Manual

annually. Each county shall select one delegate for each vote it is entitled to
cast at the Congressional District Convention.

Order of Business: Odd-Numbered Years. The Congressional District
Convention held in odd-numbered years shall:

1. Elect, from among the active Democrats of the Congressional District,
officers of the Congressional District Executive Committee; and then

2. Conduct any other business related to the affairs of the Congressional
District.

Order of Business: Even-Numbered Years. The Congressional District
Convention held in even-numbered years shall:

1. Elect, from among the active Democrats of the Congressional District,
one member of the biennial State Convention's Committee of
Permanent Organization, Rules and Order of Business;

2. Elect, from among the active Democrats of the Congressional District,
one member of the biennial State Convention's Committee on Cre-
dentials and Appeals;

3. Elect, from among the active Democrats, one member of the Council of
Review;

4. In each presidential election year, elect from among the active Demo-
crats in the Congressional District, the number of delegates first and
then alternates to the National Convention allotted to each Congres-
sional District;

5. In each presidential election year, nominate, from among the active
Democrats in the Congressional District, one Presidential elector from
that Congressional District;

6. In each presidential election year, elect, from among the active Demo-
crats in the Congressional District, one member of the Delegate
Nominating Committee and then

7. Conduct any other business related to the affairs of the Congressional
District.

8. In 1988, elect from among the active Democrats of the Congressional
District, officers of the Congressional District Executive Committee to
serve a term of one year or whenever their successors are elected,
whichever shall occur first.

6.02 STATE CONVENTIONS

When and Where Held. A State Convention shall be held each even-
numbered year. The State Chairman shall designate the date, time, and
location of such convention.

Allocation of Votes. Each county in the state shall be entitled to cast at
a State Convention one vote for every 300 Democratic votes, or major
fraction thereof, cast in that county for the Democratic candidate for
Governor in the last preceding gubernatorial election, provided that each
county shall have at least one vote.

Election of Delegates. The State Convention shall be composed of
delegates elected by the several County Conventions held in even-numbered
years. Each county shall elect one delegate for each vote it is entitled to cast
at the State Convention.



The Democratic Party 831

6.03 VOTING

Division of Votes Among Delegates Present. The delegates who
attend a District or State Convention shall be entitled to vote the full
strength of their county upon all matters of business which come before the
respective District or State Conventions, and each such delegate present
from a particular county shall cast an equal number of votes which the
county is entitled to cast. All votes which the county is entitled to cast shall
be divided equally among all the delegates in attendance representing that
county.

Vote May Not Be Changed. In both District and State Conventions,
after a vote is cast, there shall be no change in such vote until after the roll
call is completed and before the final result of the ballot shall be announced
by the Chairman of said Convention.

Roll of Delegates. The State Chairman shall direct the make-up of a roll
of all delegates from the several counties to the District and State Conven-
tions and transmit the same to the Chairman of the District and State
Conventions.

Majority Vote. In District and State Conventions, elections or nomina-
tions shall be made only by majority vote.

Reporting and Challenging a Vote. In all District and State Conven-
tions, it shall be the duty of the delegates from the several counties to choose
one of their number as chairman, whose name shall be reported to the
Chairman of such Convention, and whose duty it shall be to cast the vote of
his or her county as directed, and the vote, as announced by that person,
shall be recorded unless some delegate from that county shall challenge its
accuracy, in which event it shall be the duty of the Chairman of the
Convention to cause the roll of delegates from that county to be called,
upon which the vote of such county shall be tabulated and recorded
according to the response of its delegates; but in no event shall the vote of
one county be challenged by a delegate from another county.

Voice Votes. Nothing herein shall prevent the District and State Conven-
tions from adopting temporary rules, making nominations, holding elections
and conducting business viva voce or by acclamation where a vote of
counties is not demanded by 25 percent of the delegates present.

7.00 NATIONAL CONVENTIONS AND DEMOCRATIC
NATIONAL COMMITTEE

7.01 PROCEDURES

In accordance with the mandate and call for each national convention or
meeting of the National Democratic Party, the State Executive Committee
shall adopt a plan for the selection of delegates and alternates thereto and
shall, as a part of said plan, provide for the election of members of the
Democratic National Committee allotted to North Carolina; provided that
such members of the Democratic National Committee shall be elected during
each presidential election year by the State Executive Committee to serve
four-year terms.



832 North Carolina Manual

8.00 POLICY COMMITTEES

8.01 RESOLUTIONS AND PLATFORM COMMITTEE
Composition. At the regular annual meeting of the State Executive

Committee referred to in Section 4.08, the State Executive Committee shall
elect one person from each Congressional District to the Resolutions and
Platform Committee of the biennial State Convention. In addition, the State
Chairman shall appoint seven (7) members to said committee, those being
the presidents of the Young Democrats, the Democratic Women, the Senior
Democrats and four at-large members, and designate from members of the
committee a chairman, vice-chairman, and secretary.

Meetings. The committee shall meet at the call of its chairman. It shall
prepare the proposed platform of the Party for submission to the State
Convention.

Matters for Consideration. The Resolutions and Platform Committee
shall consider all resolutions addressed to the biennial State Convention.
The committee is encouraged to hold one or more public hearings and to
invite testimony from all citizens.

In addition, any Democratic auxiliary organization with by-laws approved
by the State Executive Committee, and any Democratic organization, com-
mittee or convention established or recognized by this Plan of Organization
may submit its platform or resolutions of both to the State Resolutions and
Platform Committee.

8.02 STATE LEGISLATIVE POLICY COMMITTEE

Composition. The State Legislative Policy Committee shall be composed
of the following persons or a duly appointed representative of each of them;
the Democratic Governor or the nominee, the Democratic Lieutentant
Governor or the nominee, the Democratic Speaker of the State House of
Representatives, or the nomineee, and the State Chairman. The following
persons shall also be members of this committee; the three state vice-
chairmen, the North Carolina members of the Democratic National Com-
mittee, the chairman of the Democratic Caucus of the State Senate, the
chairman of the Democratic Caucus of the State House of Representatives,
each Congressional District chairman, and five persons appointed by the
State Chairman. The State Chairman or designee shall serve as Chairman.

Meetings. This committee shall meet at least once monthly while the
General Assembly is in session and at other times upon the call of the
Chairman.

Duties. This Committee shall formulate recommendations for state and
national Democratic legislative policy. It shall communicate to state and
national legislators grassroots sentiments on legislative issues. It shall
assist in sponsoring public forums throughout the state on state and national
issues.

8.03 CONGRESSIONAL DISTRICT AND COUNTY ISSUES
COMMITTEES

Composition: Each county chairman and each Congressional District
chairman may appoint Issues Committees of between five and fifteen mem-



The Democratic Party 833

bers and a Chairman of each to serve until the succeeding County and
Congressional Conventions.

Duties. The substantive concerns of these committees shall be determined
and announced by the county or Congressional District chairman who shall
endeavor to make such committees relevant to the concerns of citizens of his
or her county or Congressional District. Such committees shall solicit the
views of citizens of the county and shall formulate and adopt, by simple
majority vote, resolutions and/or proposed legislation for submission to the
County or Congressional District Executive Committee.

Reports. The County or Congressional District Executive Committee
shall meet at the call of its chairman to vote to endorse or not endorse such
resolutions or proposals, but shall in any event pass a record of such
proposals and their action to the State Democratic Headquarters for sub-
mission to the appropriate State Party committees and to the appropriate
local elected officials.

9.00 COUNCIL OF REVIEW

9.01 PURPOSE

There is hereby established a Council of Review for the purpose of hearing
and rendering fair and impartial decisions on such disputes and con-
troversies which have arisen or which may hereafter arise within the Party
when the same are filed with said Council by the State Chairman, or by the
State Executive Committee, or when they are brought to the attention of the
Chairman of the Council of Review by an aggrieved active Democrat.
Auxiliary organizations of the Democratic Party shall provide for the
internal resolution of disputes within their respective organizations and
shall not be subject to this section.

9.02 COMPOSITION

Members. The Council of Review shall consist of one member from each
Congressional District who shall be elected at the Congressional District
Conventions held in even-numbered years, and four members at-large to be
appointed by the State Chairman.

Officers. The State Chairman shall appoint a Chairman and a Secretary
of the Council of Review from among the membership of the Council of
Review.

Terms. Members of the Council of Review shall serve for a term of two
years beginning upon the date of their election by the Congressional District
Convention held in even-numbered years for two years or until their suc-
cessors are elected or appointed.

9.03 RULES AND DECISIONS

Forty percent (40%) of the entire membership of the Council of Review
shall constitute a quorum. All decisions concurred in by a majority of the
Council of Review present and voting shall be final and binding upon all
North Carolina Democratic Party meetings and officials, except that any
decision of the Council of Review may be appealed to the State Executive
Council. The State Chairman is hereby directed to issue such further and



834 North Carolina Manual

supplementary directives as may be necessary and proper to implement the
decisions of this Council. The Council of Review is further empowered and
directed to adopt necessary and appropriate rules to assure that each dispute
and grievance is settled impartially, equitably and according to the rules of
justice and fairness.

9.04 REMOVAL OF MEMBERS

The State Executive Council shall have the right to remove from office
any member of the Council of Review upon two-thirds of said Council
present and voting being satisfied that the Council member has been
disloyal to the Party or is guiity of any misconduct which is not in keeping
with his or her high position of honor in the Democratic Party.

9.05 VACANCIES

A vacancy in the membership of the Council of Review shall be filled by
the Congressional District Executive Committee of the Congressional Dis-
trict in which such vacancy exists, provided that vacancies in members at-
large shall be filled by the State Chairman.

9.06 JURISDICTION

The Council of Review shall assume jurisdiction of all matters and disputes
arising from any Party meeting or convention provided for in this Plan of
Organization; provided such dispute or grievance is brought to the attention
of the Chairman of the Council of Review within 72 hours, excluding week-
ends or holidays, after such meeting or convention was convened or was to
have been convened. Any grievances arising from such Party meeting or
convention not brought to the attention of the Chairman of the Council of
Review within the 72-hour period, excluding weekends or holidays, shall be
deemed to have been waived. An aggrieved Democrat shall be deemed to
have brought such to the attention of the Chairman of the Council of Review
if written notice was filed with, or deposited in the mail to, the Chairman of
the Council of Review, the State Chairman, Executive Director or State
Democratic Headquaters within the 72-hour period, excluding weekends or
holidays. The Council of Review shall assume jurisdiction of all matters and
disputes referred to it by the State Chairman.

The person(s) filing the grievance shall be referred to as the Petitioner(s).
The person(s) against whom the grievance is filed shall be referred to as the
Respondent(s).

9.07 NOTICE

County Chairman. Upon receipt of the grievance by the Council of
Review, it shall immediately notify the county chairman of the county in
which the aggrieved party resides of the nature of the grievance filed and
the time and the place that the Council of Review will hear the matter.

Respondent. Upon receipt of a petition setting forth full details, the
chairman of the Council of Review shall immediately notify the Respondent
of the Petition, the contents of the Petition, the date, time, and place that the
Council of Review will hear the matter and that the Respondent may be
represented by Counsel.



The Democratic Party 835

9.08 PROCEDURES FOR COUNCIL OF REVIEW

Opening. The Chairman of the Council of Review shall begin the hearing
by ascertaining that all parties have been given notice of the hearings and
copies of the Petition and Answer and such other documents as may have
been filed, and that all witnesses requested by any party to be invited and
and attend have indeed been invited by the State Chairman or the Chairman
of the Council of Review.

The Chairman of the Council of Review shall advise the parties that the
hearing is held to enable the Council of Review to hear evidence of the acts,
omissions or conditions alleged in the Petition and to adjudge, on the basis
of that evidence, the merits of the dispute or controversy involved, and the
Council of Review has the right to confront and cross-examine the Petitioner
and all witnesses adverse to a party involved, and to present evidence and
argument in their own behalf.

Admissibility of Evidence. The evidence of witnesses, beginning with
those who support the Petition, shall be given under oath if any material
allegations of fact are denied by the Respondent, and shall be elicited by the
parties, or their representatives, and as appropriate, by any member of the
Council of Review. An opportunity for cross-examination of all witnesses
shall be allowed. Evidence, to be admissible before the Council of Review,
shall be of a direct, non-hearsay nature.

Standard of Proof. In order to uphold the Petition, all material facts
alleged therein shall be proved by clear and convincing evidence.

Procedure. The following Procedure shall be observed for the hearing by
the Council of Review:

A. Presentation of Case by the Petitioner
(One Hour Maximum)

1. Opening Statement concerning the Petition, if desired.

2. Petitioner's witnesses are called, examined and cross-examined.

3. Petitioner's non-testimonial evidence is presented.

B. Presentation of Case by Respondent
(One Hour Maximum)

1. Opening Statement concerning Answer, if desired.

2. Respondent's witnesses are called, examined and cross-examined.

3. Respondent's non-testimonial evidence is presented.

C. Closing Statement by each Party
(10 minutes maximum for each)

D. Council of Review closes to deliberate in executive session. Council will
announce its decision openly before all parties and will, upon request,



Online LibraryNorth Carolina. Secretary of StateNorth Carolina manual [serial] (Volume 1989-1990) → online text (page 71 of 88)