Montgomery County

Democratic Central Committee

Handbook



Table of Contents

Page

Introduction

1

Part 1: Rules

1.1

By-Laws of the Montgomery County Democratic Central Committee …………..

3

2.1

Precinct Organization Rules (Rules Governing Qualifications, Elections, and

   Meetings of Democratic Precinct Officials of Montgomery County, Maryland)

10

3.1

Maryland Democratic Party Constitution ………………………………………...

24

4.1

Maryland Democratic Party By-Laws ……………………………………………

26

5.1

[reserved] ………………………………………………………………………….

37

6.1

Affirmative Action ………………………………………………………………..

38

7.1

Annual County Brunch …………………………………………………………...

39

8.1

Area Coordinators ………………………………………………………………...

40

9.1

Assistant Secretary of the Central Committee ……………………………………

46

10.1

Assistant Treasurer of the Central Committee ……………………………………

50

11.1

Attendance at Central Committee Meetings ……………………………………..

51

12.1

Audits ……………………………………………………………………………..

53

12A.1

Awards ……………………………………………………………………………

54

12B.1

Ballot Inspections …………………………………………………………………

55

13.1

Ballot Questions …………………………………………………………………..

56

14.1

Bereavements and Recognitions ………………………………………………….

61

15.1

Board of Elections of Montgomery County ………………………………………

65

15.1

   Filling Seats on the Board ………………………………………………………

65

15.2

   Communications with the Board ……………………………………………….

66

15.3

   Certification of Elections by the Board …………………………………………

67

16.1

Bonding Requirements ……………………………………………………………

68

17.1

Bulletin Boards …………………………………………………………………...

69

18.1

Calendar …………………………………………………………………………..

70

18A.1

Candidate Vacancies ……………………………………………………………...

71

19.1

Chair of the Central Committee …………………………………………………..

80

20.1

Chaplain …………………………………………………………………………..

89

21.1

Clubs and Caucuses ………………………………………………………………

90

21.1

   Maryland State Democratic Policies ……………………………………………

90

21.2

   Montgomery County Democratic Party Policies ……………………………….

93

21.3

   Organizations Chartered by the MCDCC ………………………………………

100

22.1

Committees ……………………………………………………………………….

101

23.1

Comptroller ……………………………………………………………………….

105

24.1

Computers ………………………………………………………………………...

106

24.1

   Computer Committee …………………………………………………………..

106

24.1

   Purchase of Computers …………………………………………………………

106

24.1

   Computer Use Guidelines ………………………………………………………

106

25.1

Contracts ………………………………………………………………………….

107

25A.1

Contributions to the Central Committee ………………………………………….

108

26.1

County Council Redistricting Commission ………………………………………

109

Table of Contents (continued)

Page

27.1

County Council Vacancies ………………………………………………………..

111

28.1

County Executive Vacancies ……………………………………………………..

112

29.1

County Fair ………………………………………………………………………

113

30.1

Data and Records—Custody and Release ……………………………………….

114

30.1

   Examination of Records ………………………………………………………..

114

30.1

   Policy Regarding Release of Data ……………………………………………..

114

30.2

   Printouts of Registered Voters …………………………………………………

115

30.3

   Availability of Specific Reports ……………………………………………….

115

31.1

Democratic Forum ……………………………………………………………….

116

32.1

District Liaisons ………………………………………………………………….

118

33.1

Dollars Drive ……………………………………………………………………..

119

34.1

Duplicating Services ……………………………………………………………..

123

34A.1

Election Judges …………………………………………………………………...

124

34B.1

Emeritus Positions ………………………………………………………………..

125

Executive Committee …………………………………………………………….

127

Finance Law Opinion …………………………………………………………….

128

35.1

Funds for the Central Committee …………………………………………………

129

36.1

Funds of the Precincts ……………………………………………………………

131

37.1

Headquarters Volunteer Corps …………………………………………………..

134

37A.1

Holiday Observances …………………………………………………………….

135

38.1

Holiday Party …………………………………………………………………….

136

38A.1

Incorporation …………………………………………………………………….

137

39.1

Judicial Elections …………………………………………………………………

138

40.1

Labor Advisory Committee ……………………………………………………..

141

41.1

Legal Counsel ……………………………………………………………………

143

42.1

Legislative Issues …………………………………………………………………

144

42.1

   Considerations by the Precinct Organization …………………………………..

144

42.1

   Consideration by the Central Committee ………………………………………

144

43.1

Legislative Vacancies …………………………………………………………….

147

44.1

Liaison I, Liaison II, and District Meetings ………………………………………

157

44A.1

Lobbyists …………………………………………………………………………

158

45.1

Mail Services ……………………………………………………………………..

159

46.1

Meetings of the Central Committee ………………………………………………

160

46A.1

   Composition of Central Committees—Maryland Election Law ……………….

162

47.1

Municipal Elections ………………………………………………………………

165

48.1

Newsletter ………………………………………………………………………..

166

48.1

   Content …………………………………………………………………………

166

48.6

   Advertising Rates and Advertising Policy ……………………………………..

171

48.8

   Distribution and Subscriptions …………………………………………………

172

48.9

   Unpublished Material …………………………………………………………..

173

49.1

Office Manager, Office Secretary, Executive Secretary, Information Systems

 Manager, and Campaign Coordinator ……………………………………………

174

49A.1

Office Space

50.1

Officers of the Central Committee ……………………………………………….

176

Table of Contents (continued)

Page

50A.1

Payments ………………………………………………………………………….

178

51.1

Personnel Procedures …………………………………………………………….

179

52.1

Plowman and Fisherman …………………………………………………………

181

53.1

Precinct Boundaries and Redistricting ……………………………………………

182

54.1

Precinct Chair and Vice Chair Elections and Eligibility to Serve ………………..

186

55.1

Precinct Chair and Vice Chair Vacancies ………………………………………..

187

55.1

   Filling Vacancies ……………………………………………………………….

187

55.4

   Creating and Declaring Vacancies ……………………………………………..

189

55A.1

Precinct Directories ………………………………………………………………

191

56.1

Precinct Newsletters ……………………………………………………………..

192

56A.1

Presidential Electors ……………………………………………………………..

193

57.1

Primary Elections ………………………………………………………………..

195

57.1

   Endorsements …………………………………………………………………..

195

57.1

   Services Available to Democratic Party Candidates ……………………………

195

57.3

   Use of Party Headquarters ……………………………………………………..

197

57.3

   Judicial Candidates …………………………………………………………….

197

57.3

   Presidential Candidates …………………………………………………………

197

57.4

   Precinct Funds …………………………………………………………………..

197

58.1

Proxy Voting ……………………………………………………………………...

198

58.1

   Maryland State Democratic Central Committee ……………………………….

198

58.1

   Montgomery County Democratic Central Committee …………………………

198

59.1

Publications of the Party …………………………………………………………

200

60.1

Safety Deposit Box ……………………………………………………………….

202

61.1

Scholarship Program ……………………………………………………………..

203

62.1

School Board Elections …………………………………………………………..

205

62.1

   General Policy ………………………………………………………………….

205

62.1

   Sample Ballots ………………………………………………………………….

205

62.2

   Endorsements by Clubs …………………………………………………………

206

62.3

   Use of the Democratic Tent at the County Fair ………………………………..

206

63.1

Secretary of the Central Committee ……………………………………………..

207

63A.1

Special Elections ………………………………………………………………….

212

64.1

Spring Ball ………………………………………………………………………..

213

64.1

   Tickets ………………………………………………………………………….

213

64.2

   Advertisement Book ……………………………………………………………

213

64.4

   Awards ………………………………………………………………………….

215

64.10

   Campaign Literature …………………………………………………………….

221

65.1

State Central Committee – Montgomery County Members ……………………...

222

66.1

Statements Critical of Democratic Officials ……………………………………...

224

67.1

Stationery …………………………………………………………………………

225

68.1

Student Participation ……………………………………………………………..

226

69.1

Treasurer of the Central Committee ………………………………………………

229

70.1

Trustees …………………………………………………………………………...

231

71.1

Vacancies on the Central Committee …………………………………………….

236

72.1

Vice Chair of the Central Committee …………………………………………….

242

Table of Contents (continued)

Page

73.1

Voter Registration ………………………………………………………………..

245

74.1

Web Site ………………………………………………………………………….

247

75.1

Chronological Table of Standing Rules …………………………………………..

253

76.1

Cross References from the Precinct Organization Rules …………………………

269

76.1A

Cross References from the Constitution of the State of Maryland ……………….

270

77.1

Cross References from the Maryland State Election Code (COMAR) …………..

271

77A.1

Cross References from Judicial Decisions ……………………………………….

272

77B.1

Cross References from the Maryland Attorney General Opinions and Letters …..

272

77C.1

Cross References from the Open Meetings Compliance Board Opinions ………..

272

78.1

Cross References from the Charter of Montgomery County ……………………..

272

79.1

Cross References from the Bylaws of the Democratic Party of the United States .

273

80.1

Cross References from the Constitution and Bylaws of the Maryland Democratic

274

 Party

81.1

Cross References from the Bylaws of the Montgomery County Democratic

274

  Central Committee

82.1

Cross References from the Montgomery County Democratic Party Rules

274


Introduction to the First Edition

        As a member of the Montgomery County Democratic central Committee, (MCDCC), you have taken on a major responsibility to your constituents, your party, your county and your state. You are a member of the governing body of the Montgomery County Democratic Party. As a member of the MCDCC, you are also automatically a voting member of the Maryland State Democratic Central Committee—the governing body of the State Democratic Party.

        This handbook has been compiled to help you deal with these twin responsibilities. The handbook contains the major documents of the State and County Democratic Parties, provisions of state and county law that grant authority and responsibilities to the Central Committee, and a compilations (arranged by subject) of the internal procedures adopted over the years by the Montgomery County Central Committee. The handbook also contains rosters of elected officials and precinct officials from throughout Montgomery County.

It is hoped that, as time goes on, you will add budgetary documents, updates to the rosters, materials on the Maryland presidential delegate selection process, and other useful information to this handbook.

        The responsibility for any errors in this compilation is mine. Any suggestions for corrections or improvements to this handbook would be greatly appreciated. A special Thanks goes to Linda Ross, who suggested the physical layout of the handbook; Joseph Hooper, who oversaw the printing and assembly of the handbook; Don Spence and George Leventhal who both (during their respective terms as Chair of the MCDCC) urged me to compile this work; and to all of the MCDCC secretaries and office managers since November 1966 who recorded and preserved the minutes and records of the Central Committee. An extra special thanks goes to Chris Swan Chabot (my bride of two-and-a-half months) who suggested the Chronological Table of Standing Rules as well as other features throughout the handbook.

                                                Elliot C. Chabot

                                                Secretary, MCDCC

                                                September 14, 1998

Update by Rules Committee and Alan Banov, 2015-2016


Rules

The Secretary will maintain a current and correct compilation of the governing documents of the Montgomery County Democratic Central Committee (including the Bylaws of the Montgomery County Democratic Central Committee; the Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials of Montgomery County, Maryland; and the standing rules of the Central Committee). The Secretary will publish a copy of this compilation as the Rules section of the Montgomery County Democratic Central Committee Handbook. The Rules section of the Montgomery County Democratic Central Committee Handbook will constitute the “Constitution, Bylaws, and Rules of the Montgomery County Democratic Central Committee” for purposes of the Maryland Elections Code…

Article XIII of the Bylaws of the

Montgomery County Democratic Central Committee


BYLAWS OF

THE MONTGOMERY COUNTY DEMOCRATIC CENTRAL COMMITTEE

ARTICLE I

Section 1.  Name: The name of this organization shall be the Montgomery County Democratic Central Committee, hereafter referred to as the Committee.

ARTICLE II

Section 1.  Objectives: The purpose of the Committee shall be to act as the governing body of the Democratic Party in Montgomery County, Maryland. This committee shall have the full power and authority to act in respect to all matters pertaining to the organization, maintenance, conduct, affairs and interests of the Democratic Party in Montgomery County, Maryland. It shall be the responsibility of this organization to promote, establish and conduct political campaigns in Montgomery County, Maryland for the nominees of the Democratic Party and to act as spokesman for the Democratic Party in this County on all questions of public policy.

ARTICLE III

MEMBERSHIP

Section 1.  Membership: This committee shall consist of members of the Democratic Party, elected as provided by law in the Election Laws of the State of Maryland.

Section l(a). Gender Balance Members. In addition to the members who are elected in the Democratic primary and those who are selected by this Committee to replace elected members, whenever there is an unequal number of female and male members, this Committee will select sufficient gender balance members so as to make its membership equally divided between women and men. These members will be full and equal members of the Montgomery County Democratic Central Committee in every way including the ability to speak, make and second motions, hold office, vote on all matters before the Central Committee including legislative vacancies, committee vacancies, and officer elections.

ARTICLE IV

Section 1. Officers: Officers of the Committee shall be elected from its membership and shall be Chair, Vice Chair, Secretary, Assistant Secretary, Treasurer, and Assistant Treasurer elected by a majority of the full membership.

Section 2.  Election of Officers: Beginning September 1, 1998, officers will be elected at the meeting of the Committee to be convened at the permanent party headquarters on (1) the first Tuesday after the Gubernatorial Primary Election following the date of certification of election of all voting members of the Committee, and (2) the second Tuesday in December following the Presidential general Election. The officers will assume duty immediately and serve until their successors are elected and qualified. Any officers of the Committee may be relieved of their duties by a two-thirds (2/3rd) vote of the total membership of the Committee, taken at a meeting specifically called for such a purpose upon not less than ten (10) days’ notice.

Section 3.  Vacancies:  Resignations by MCDCC members and gender-balance members must be given to the members by written notice (including electronic communications) and will be effective at the beginning of roll call at the next MCDCC meeting.  After learning of any vacancy, the Secretary will promptly notify the members.  [Amended Apr. 12, 2016]

ARTICLE V

Section 1.  Duties of the Chair: The Chair shall preside at all meetings of the Committee, preserve order during the deliberations, appoint sub-committees with the consent of the Committee and serve as ex-officio member of such sub-committees and sign appropriate documents in connection with the work of the Committee. In addition, he/she shall have other powers and duties as may be granted to the Chair from time to time by resolution of the Committee.

Section 2.  Duties of the Vice Chair: The Vice Chair shall perform the duties of the Chair in the Chair’s absence, and shall serve as Acting Chair in the event of a vacancy in the office of Chair, until such a time as a new Chair is elected.

Section 3.  Duties of the Secretary (and in the Secretary’s absence, the Assistant Secretary): The Secretary shall have charge of all books, papers, records, and other documents of the Committee, shall complete statistics and other data as may be required for the use of members of the Committee and shall perform other duties as may be directed by the Committee.  The Secretary shall keep the minutes of meetings of the Committee and as promptly as possible mail same to each member of the Committee. All records shall be maintained at the permanent office of the Committee.

Section 4.  Duties of the Treasurer (and in the Secretary’s absence, the Assistant Treasurer): The Treasurer shall keep accounts of all monies the Committee receives and disburses and shall deposit all monies and valuables in the name and to the credit of the Committee in such banks and depositories as the Committee shall designate by appropriate resolution. The Treasurer shall provide a surety bond in the amount of not less than five thousand dollars ($5,000.00), the cost of the bond to be borne by the Committee.  The Treasurer shall submit a financial report at all regular meetings of the Committee. The Treasurer shall prepare and present as annual budget to the Committee. All expenditures shall be authorized by the Treasurer and shall be paid upon presentation of receipted bills or vouchers.

Section 5. Executive Committee

  1. The officers of MCDCC shall constitute the Executive Committee.
  2. Between meetings of MCDCC the Executive Committee shall have the authority to make decisions which require immediate action before the next MCDCC meeting, except that it may not amend the bylaws, remove officers or members of MCDCC, elect permanent officers of MCDCC, or take personnel actions in contravention of the MCDCC Handbook.
  3. The Executive Committee may make decisions in person, by telephone, or by electronic means, but should notify the entire committee of its decisions as soon as feasible and, in any event, no later than the next meeting of the membership.  Such decisions should be written and included as an official addendum to the next MCDCC meeting's minutes.
  4. A quorum of the Executive Committee shall be four of its members.

[Banov note: This section was added at the May 10, 2016 meeting of MCDCC.]

ARTICLE VI

Section 1.  Finances: The Committee shall have the authority to raise funds as necessary for the implementation of the budget of the Committee.

Section 2.  Audit: An annual audit shall be conducted by an accountant who is not a member of the committee. The results of this audit shall be available at the June meeting of the committee.

ARTICLE VII

Section 1.  Meetings: Meetings of the Committee shall be held not less than ten (10) times in each calendar year. The Chair shall call all regular or statutory meetings. In the event of neglect, failure, or refusal, the Vice Chair or Secretary shall call such regular or statutory meetings.

Section 2.  Emergency or special meetings may be called by the Chair or a majority of the Committee.

Section 3.  Notice of the time and place of any meeting shall be mailed, postage prepaid, with a copy of the proposed agenda to each member of the Committee at least three (3) days prior to such a meeting; provided that in case of emergency any reasonable notice shall be sufficient.

Section 4.  Any action within the power of the Committee may be taken at any regular meeting.

Section 5.  Quorum: A majority of the members of this organization in person shall constitute a quorum for the transaction of business. If, at any meeting of this organization, or a committee thereof, a quorum is not present, those present may recess from time to time until a quorum shall be present.

Section 6.  Voting shall be in person or by proxy. All proxies shall be in writing, dated, signed by the proxy giver, and designate the person by whom the proxy is to be cast. All proxies shall set forth the specific issue upon which it is to be voted and the nature of the vote. Such proxies shall be valid only for the meeting next following the date of the proxy.

Section 7.  The following order of business shall be observed at all meetings as far as applicable:

  1. Roll call.
  2. Reading, correction, and approval of Minutes of previous meeting.
  3. Reports of Officers and Committees.
  4. Unfinished business.
  5. New business.

Section 8. A two-thirds majority of those voting shall be required for adoption of the official Democratic Party position on ballot questions and marking of the official sample ballot.

Section 9.  The rules contained in the current edition of Robert’s Rules of Order will govern the Committee in cases which they are not inconsistent with these bylaws or any special rules of order the Committee may adopt.


ARTICLE VIII

Section 1.  Headquarters: The Committee shall establish and maintain a permanent party headquarters, the site to be determined by the Committee. This headquarters shall be staffed as deemed necessary by the Committee in order to provide the necessary services for efficient governing of the Democratic Party.

Section 2.  Staff: The Committee may employ a full time executive secretary and such other staff as the Committee shall deem necessary, and who shall perform such duties as are assigned to him/her. No member of the staff of the Committee shall be permitted to participate in any Democratic primary on behalf of any candidate or slate of candidates.

ARTICLE IX

Section 1.  The Chair shall appoint such standing committees as may be deemed necessary.

Section 2.  Appointment of Standing Committees: The Chair shall name the membership on all standing committees and will designate the member who will be chair. Membership on standing committees need not be restricted to members of the Democratic Central Committee.

ARTICLE X

Section 1.  Amendments: These Bylaws may be amended in the following manner: by resolution submitted to a regular meeting of the Committee and acted upon at the next meeting of the Committee by a favorable two-thirds (2/3) vote of the total membership, notice to be given to the members of the Committee in writing at least ten (10) days prior to the meeting of the final voting upon the proposed amendment and a copy of the amendment must be sent along with the meeting notice to each member of the Committee.

ARTICLE XI

In addition to the seats on the Central Committee provided by elsewhere in these Bylaws, there shall be two seats on the Central Committee which shall be filled in the same manner as vacancies on the Central Committee are filled, provided that the occupants of these two additional seats are to be students and are to be of opposite genders.

The Chair of the Central Committee will appoint one of the two student members as the Chair of the Student Volunteer Mobilization Committee and will appoint the other student member as the Chair of the Student Club Organizing Committee. The Chair of the Central Committee will also appoint one member of the Central Committee to serve as Vice Chair of the Student Volunteer Mobilization Committee and one member of the Central Committee to serve as Vice Chair of the Student Club Organizing Committee.

The Central Committee may, by rule, set additional qualifications and responsibilities for the student members, set the length of office of the student members, and set the responsibilities of the Student Volunteer Mobilization Committee and the Student Club Organizing Committee. The student members of the Central Committee are entitled to all rights and privileges of voting members of the Central Committee and are subject to all of the same responsibilities as voting members of the Central Committee, except that they (1) are not entitled to vote at meetings of the Montgomery County Democratic Central Committee or the Maryland Democratic Central Committee, and (2) are not required to attend the meetings of the Maryland Democratic Central Committee.

ARTICLE XII

Section 1.  Attendance: Any member of the Central Committee who fails to attend (for whatever reason) a majority of the Central Committee meetings during a twelve month period will be deemed to have resigned and their resignation automatically accepted. Submission of a proxy does not constitute attendance for these purposes.

Section 2. Secretary’s Report: At each meeting of the Central Committee, the Secretary will present a report indicating the number of absences during the last twelve month period for each member of the Central Committee. In the event that a member is resigned pursuant to section 1, the Secretary will promptly notify the member and the Secretary and Executive Director of the Maryland State Democratic Party.

Section 3. Definitions: For the purposes of this article:

  1. “Member of the Central Committee” includes all members of the Montgomery County Democratic central Committee, whether they are voting members or non-voting members, including (1) those members of the Maryland State Democratic Central Committee selected by the Montgomery County Democratic Central Committee for gender balance, and (2) the student members of the Central Committee provided for in Article XI of the Montgomery County Democratic Central Committee Bylaws.

  1. “Central Committee Meetings” includes all regular and special meetings of the Montgomery County Democratic Central Committee held on or after July 1, 1997, and all meetings of the Maryland State Democratic Central Committee held on or after July 1, 1997.

Section 4.  Telephone participation: For purposes of section 1, a member of the Central Committee who participates in substantially an entire Central Committee meeting by telephone, shall be deemed to have attended such meeting. A member of the Central Committee may use this provision no more than twice during a 12-month period. The Central Committee may by rule,

  1. Define what constitutes “participating in substantially an entire Central Committee meeting”
  2. Provide that this section may only be used by a member of the Central Committee who is unable to attend the meeting in person because of one or more specified reason
  3. Require that the Central Committee be reimbursed for telephone costs
  4. Specify a minimum distance from the meeting that a member must be in order to use this section
  5. Specify methods (in addition to Article VII, section 6 of the Bylaws) whereby a member of the committee participating by telephone may vote.

ARTICLE XIII

The Secretary will maintain a current and correct compilation of the governing documents of the Montgomery County Democratic Central Committee (including the Bylaws of the Montgomery County Democratic Central Committee; the Rules Governing Qualifications, Elections and Meetings of the Democratic Precinct Officials of Montgomery County, Maryland; and the standing rules of the Central Committee). The Secretary will publish a copy of this compilation as the Rules section of the Montgomery County Democratic Central Committee Handbook. The Rules section of the Montgomery County Democratic Central Committee Handbook will constitute the “Constitution, Bylaws, and Rules of the Montgomery County Democratic Central Committee” for purposes of the Maryland Elections Code[1]. Within thirty days after the adoption of any change to these documents, the Secretary will transmit appropriate replacement pages of the handbook to (1) each member of the Montgomery County Democratic Central Committee, (2) The Maryland State Democratic Central Committee, (3) the Maryland State Board of Elections, and (4) the Montgomery County Board of Elections. Notwithstanding this policy, the failure of replacement pages to be properly distributed shall not invalidate or suspend the operation of any amendment to the governing documents of the Montgomery County Democratic Central Committee (or any new governing document) that has otherwise been properly adopted[2].

EFFECTIVE DATE

These Bylaws shall go into effect and become effective immediately upon their adoption, said date being 9/6/67. [Amended 3/12/75, 4/26/78, 4/11/95, 7/9/96, 5/13/97, 1/13/98, 5/11/99, 7/13/99, 3/9/10.]


RULES GOVERNING QUALIFICATIONS, ELECTIONS, AND MEETINGS

OF DEMOCRATIC PRECINCT OFFICIALS

OF MONTGOMERY COUNTY, MARYLAND

The strength of the Democratic Party depends in large measure upon effective precinct organization and administration. In order to promote the objectives and purposes of the Democratic Party in the County, State and Nation, including the rules on Party participation and affirmative action set forth in the Charter of the Democratic Party and its bylaws, the Montgomery County Democratic Central Committee (democratic Central Committee) and Montgomery County Democratic Precinct Chairpersons and Vice Chairpersons (Precinct Chairpersons and Vice Chairpersons) hereby adopt the following rules with respect to the qualifications, duties and election of precinct officials and area coordinators, subject to such amendments or  modifications as may be made from time to time by the Democratic Central Committee, provided, however, and to the extent permitted by law, that no such amendment or modification by the Central Committee shall be adopted without the prior approval of a majority of the duly-qualified Precinct Chairpersons, [and] Vice Chairpersons and Area Coordinators present and voting at a legally called meeting and provided further that a majority of such  Precinct Chairpersons, [and] Vice Chairpersons and Area Coordinators may themselves initiate amendments and modifications which shall become effective upon ratification by the Central Committee.

        These Rules are divided into six (6) parts:

        SECTION A – Precinct Offices and Qualifications

        SECTION B – Area Coordinators

        SECTION C – Functions and Duties of Precinct Officials

        SECTION D – Election Procedures

        SECTION E – Rules Governing Meetings of Democratic Precinct Officials

        SECTION F – Effective Date

SECTION A – Precinct Offices and Qualifications

        1. Registered Offices.

The registered Democratic voters of each Precinct in Montgomery County shall elect a Chairperson and a Vice Chairperson, who shall serve for a period of four (4) years from the date of election or until their successors are elected or appointed, as provided for hereafter in these rules

2. Other Offices.

At the organization meeting for which provision is made in Section C, 1, each precinct may elect or designate such additional officers, including secretaries or assistant secretaries, treasurers or assistant treasurers, as may be deemed necessary or desirable.

3. Qualifications for Election to Office

No person shall be eligible to be elected to, or designated as, or continue to serve as, a precinct officer, except as otherwise provide who shall not be an actual bona fide resident of the precinct and a duly registered Democrat for six months. An elected public official or a member of the Democratic Central Committee may not run for election or serve as Precinct Chairperson or Vice Chairperson. Precinct Chairpersons, Vice Chairpersons, and Area Coordinators may not serve as an election judge or registration officer on election day.

4. Vacancies.

If there is a vacancy in the office of Precinct Chairperson, then the Vice Chairperson, provided the Vice Chairperson was elected or appointed permanently, shall become the Precinct Chairperson. In the event that the Vice Chairperson was not elected or permanently appointed, the Democratic Central Committee shall appoint the Vice Chairperson or another person as the Precinct Chairperson. The Precinct Chairperson may recommend a person to fill the vacancy of the Vice Chairperson by notifying the Democratic Central Committee in writing. If a vacancy exists in a precinct office other than the office of Chairperson or Vice Chairperson, the Precinct Chairperson shall have the power to appoint a person to fill the vacancy.

5. Appointed Permanent Chairperson and Appointed Permanent Vice Chairperson.

In the event that there is no Chairperson in a precinct and there is no elected or permanently appointed Vice Chairperson who is willing to serve – (see A, 4), either because of resignation, death, the movement of a Chairperson from the Precinct or any other reason, or because no candidate files for the office, the Democratic Central Committee may appoint a permanent Chairperson from within the precinct only. The Appointed Permanent Chairperson shall serve until the time of the next regularly scheduled county-wide election for Precinct Chairpersons and his/her term shall terminate at that date. Appointed Permanent Chairpersons shall have all the rights and duties of duly elected Chairpersons. All such appointments shall take effect upon receipt by the Democratic Central Committee of the signed filing form identical to that signed by Elected Chairpersons and Vice Chairpersons. The same regulations shall apply to the appointment of a Permanent Vice Chairperson.

6. Appointed Provisional Chairperson

In the event that there is no chairperson in the Precinct and there is no elected or permanently appointed Vice Chairperson who is willing to serve – (See A, 4), either because of resignation, death, the movement of a Chairperson from the Precinct or any other reason, or because no candidate files for the office, the Democratic Central Committee may appoint a Provisional Chairperson from without the Precinct. The Provisional Chairperson may be removed by majority of the Central Committee at any time. The Provisional Chairperson shall perform as many of the duties of a duly elected Chairperson as possible and shall exercise the rights of a duly elected Chairperson. In no event shall the number of Provisional Chairpersons exceed ten percent (10%) of the number of precincts.

SECTION B – Area Coordinators

Area Coordinators shall be appointed by and be responsible to and shall serve at the pleasure of the Montgomery County Democratic Central Committee and shall be responsible  for coordinating the activities of no less than five and no more than ten precincts. Area Coordinators shall maintain regular contact with precinct officials in those precincts for which they are responsible. They will be expected to identify problem areas and coordinate activities between precincts and the Montgomery County Democratic Central Committee regarding meetings, dollar drives, general elections, and other party activities. They shall also assist in training new precinct officials and assist new officials in organizing their precincts.

SECTION C – Functions and Duties of Precinct Officials

1. Use of Precinct Funds.

No precinct funds may be used to support the candidacy of any primary candidate or slate, or any precinct candidate or slate. No precinct funds may be used to urge people to vote against and Democratic candidate (or slate) or for or against any School Board candidate or slate.

2. Duties of Officers.

  1. Duties of the Precinct Chairperson – The Chairperson shall be the Chief Executive Officer of the Precinct. The Chairperson shall be responsible for the organization and administration of precinct affairs and activities and shall be specifically responsible for the following:
  1. Providing a table on primary election day on which all Democratic candidates shall be allowed to place their literature. The Precinct Chairperson or the Chairperson’s designee shall be available continuously while the polls are open on primary election day to ensure that literature on the table is undisturbed and electioneering for Democratic candidates runs smoothly.
  2. Actively supporting and directing the campaign for the entire Democratic ticket during the general election. This includes providing for a display of Democratic literature and assuring continuous poll coverage and electioneering while the polls are open on general election day.
  3. Assisting precinct residents in gaining political information and access to their Democratic elected officials.
  4. Organizing and directing the Dollars for Democrats drive and delivering funds and receipts to the Montgomery County Democratic Central Committee promptly.
  5. Recommending to the Board of Elections individuals to serve as election judges for the precinct.
  6. Maintaining contact with precinct residents and expanding the Democratic voter base by recruitment of precinct volunteers, by conducting voter registration drives, and/or by publication of precinct newsletters.
  7. Supervising the expenditures of precinct funds in fulfillment of the duties and responsibilities of the office.
  8. Attending meetings duly called by the Central Committee or by the Precinct Organization. A precinct official may be excused from attending a meeting of the Precinct Organization if, prior to the meeting, the precinct official provides their Central Committee district liaison with a reasonable excuse. If a precinct official misses a meeting of the Precinct Organization and the Central Committee schedules a make-up informational meeting, the precinct official will be expected to attend the make-up meeting, unless (prior to the meeting) the precinct official provides their Central Committee district liaison with a reasonable excuse for not attending that meeting.
  9. Conducting such campaign activities in the precinct as designated by the Democratic Central Committee, e.g., voter identification, newsletters, canvassing, Get Out The Vote, and such other duties as are assigned by the Democratic Central Committee.

  1. Vice Chairperson – The Vice Chairperson shall assist the Precinct Chairperson by performing any of the functions described above and assigned by the Precinct Chairperson. The Vice Chairperson, in the event of death, resignation, or removal from office of the Chairperson, shall assume responsibility for precinct functions, and shall, if he/she is an elected or permanently appointed Vice Chairperson, become Chairperson if he/she desires. The Vice Chairperson shall attend meetings of precinct officials duly called by the Democratic Central Committee.

  1. Primary Requirements – Precinct Chairperson, Vice Chairpersons and Area Coordinators may not become involved in their official capacity on behalf of any candidate or slate in the primary election. Precinct officials and Area Coordinators may in their official capacity do one of the following:
  1. Take a position of non-involvement, other than to perform the normal duties and responsibilities of their office.
  2. Take a position of neutrality which could include all or any of the following:
  1. Presentation in newsletters of objective information about all candidates, such as biographical information, headquarters’ locations, personal appearance dates, positions on issues, names of authorized delegates (in Presidential primaries) or slate formations (in local elections).
  2. Calling of meetings on behalf of the candidates. The use of precinct funds, precinct mastheads and Central Committee facilities may be used for the foregoing, provided that the above activities are applied equally to all candidates running in the primary.
  1. Take a position in favor of a particular candidate, or slate of candidates, on a personal basis only. In this case, the following rules would apply:
  1. Official precinct masthead or designation may not be used in any newsletter or communication to precinct voters.
  2. Precinct funds may not be used on behalf of any candidate or slate, or for the printing of any newsletter or communication which included an endorsement of a candidate or slate.
  3. Official titles, such as Precinct Chairperson, Vice Chairperson, and Area Coordinator may not be used on communication to voters. However, a notation must be included that the endorsement of that particular candidate or slate is not the official Democratic Party position, and that neither precinct nor Democratic Party funds were used for printing or mailing of the communication.

All normal duties of precinct officials must still be performed during a Primary campaign. Access to a list of all registered Democrats in the precinct must be made available to representatives of all candidates or slates on a reasonable basis.

  1. Removal from Office – Chairpersons and Vice Chairpersons may be removed from office by the Democratic Central Committee for noncompliance with any of the above requirements or for failing to support all Democratic candidates in a general election. Removal by the Democratic Central Committee may occur if removal proceedings are instituted within one year of the aforesaid noncompliance or failure, after a hearing by a Precinct Review Committee appointed by the Democratic Central Committee composed of at least three (3) Precinct Chairpersons who shall consult the county-wide Dollars and Registration Chairpersons, appropriate Area Coordinators, and other appropriate persons. The hearing shall be after written notice to the Chairperson or Vice Chairperson in question.

  1. Secretary – The Secretary of the precinct shall be responsible for the handling of such correspondence and keeping and custody of such precinct records as may be required by the Precinct Chairperson.

  1. Treasurer – The Treasurer of the precinct shall be the custodian of precinct funds, shall maintain a precinct bank account and shall make such financial reports as may be required by the Precinct Chairperson. The Treasurer shall also make an annual report to the Democratic Central Committee through the Precinct Chairperson. Financial records of the precinct shall be permanent records and shall be transferred to successors in office under the supervision of the Precinct Chairperson, the Area Coordinator, and the Democratic Central Committee.

3. Records.

When new precinct officials take office, all precinct records, including financial records, shall be transferred to the new officials.

4. Precinct Operations Account

The precinct officials of each state senatorial district will meet at least once each year and elect one of their members to serve as a member of the Precinct Operations Account Audit Committee. Each precinct will have an entry in the Precinct Operations Account. The Montgomery County Democratic Central Committee will maintain all account records and file all legally required reports. The Precinct Operations Account Audit Committee will have access to all records concerning the Operations account.  Money in each precinct’s entry in the Precinct Operations Account may be spent only for: (1) education and communication with voters in the precinct; (2) the precinct’s fund raising for the Montgomery County Democratic Party; (3) support for Democratic candidates in General Elections; or (4) events sponsored by the Montgomery County Democratic Central Committee. All expenses must be documented by a written receipt and expenditure approved by the Precinct Chairperson (in writing) and submitted to the Treasurer of the Central Committee. No person may incur debt on behalf of the Central Committee without the approval of the Central Committee (or by approval of officials authorized by the Central Committee). A reserve of the lesser of:

  1. $5,000; or
  2. The total of all the entries in the Precinct Operations account

will be maintained by the Central Committee to pay all of the expenditures authorized by this subsection.

SECTION D – Election Procedures

1. Precinct Chairpersons and Vice Chairpersons, Filing Requirements

Candidates for Precinct Chairpersons and Vice Chairpersons must file for said offices on the prescribed filing form with the office of the Democratic Central Committee during the period commencing on the 42nd day and closing on the 28th day prior to a general precinct election.

No filing fee shall be required. If no candidate files for the office of Precinct Chairperson, it shall be filled as provided in Section A, 5. A candidate may withdraw his/her candidacy for said offices by written notification to the office of the Democratic Central Committee no later than seven (7) days after the expiration date of the time for filing herein provided. If a candidate who has previously filed for Vice Chairperson, may, at his/her option, be considered as a candidate by notification to the Secretary of the Democratic Central Committee and the presiding Officer of the General Precinct Election prior to the convening of said General precinct Election.

2. General Elections.

  1. Time and Place – general precinct elections shall be held in each precinct, or district in those districts not divided into precincts, in which there are two or more candidates, on the third Monday in May 1975 and every four years thereafter on the third Monday in May at the polling places used at the last general election, unless otherwise provided by the Democratic Central Committee.\

  1. (1) Notice of Precinct Election Procedure – in order to encourage voter and party worker interest and participation in general and special precinct elections, it shall be the responsibility of the Democratic Central Committee to give timely publicity, by press releases, advertisements, and other media, of the purposes and objects of said elections, and the date, time, and place and qualifications for filing as candidate. In order to provide the widest practical publicity and to encourage interested persons to seek precinct positions, notice of precinct elections shall be timely and prominently presented in current publications of the Democratic central Committee and in any other material mailed or otherwise circulated by or on behalf of the Democratic central Committee.

b)  (2) Notice to Voters – Candidates shall be provided with sufficient notices of the date, time, and place that the election is to be held and officers to be elected and qualifications of voters, on or before the 10th day prior to the general precinct election by the Democratic Central Committee for distribution to all registered Democrats in any precinct in which there is an election contest. Notice of all contested elections shall be published in one or more County newspapers.

  1. Elections, by Whom Conducted – General precinct elections shall be conducted by a designee or member of the Democratic Central Committee; said designee shall not be a resident of the precinct whose election he/she is conducting. Said designee shall be provided with a poll list of all registered Democrats in the precinct, and shall have a copy of these rules available at the polling place. No electioneering shall be permitted at the polling place at the time of the election by or on behalf of any candidate for precinct office.

  1. Who May Vote – Only those persons whose names appear as registered Democrats on the registration list, or persons whose names are verified as registered Democrats in that precinct by the Office of the Board of Supervisors of Elections, shall be entitled to vote. The Democratic Central Committee shall request that the Office of the Board of Supervisors of Elections be open on the night of the general precinct elections in order that a name may be verified, should it not appear on the list.

  1. Voter Certificates – All persons entering the polling places desiring to participate in the election shall be checked against the poll list, or by call to the Office of the Board of Supervisors of Elections, and if found entitled to vote by meeting the qualifications set forth above, shall be furnished with a voter’s certificate, showing the right to vote.

  1. Time for Voting – Voting shall take place between the hours of 7:30 p.m. and 9:30 p.m., it being understood that all qualified voters waiting in line to vote at 9:30 p.m. shall be allowed to vote.

  1. Posting of Names of Candidates – The names correctly spelled of each candidate and the office for which he/she is running must be clearly and visibly posted above the ballot box for the information of all voters.

  1. Voting for Chairperson – If only one individual has qualified under these rules for the office of Chairperson, he/she shall be considered duly elected as of the night of election. If more than one individual has qualified, an election shall proceed by ballot as hereinafter provided.

  1. Voting for the Vice Chairperson – If only one individual has qualified under these rules for the office of Vice Chairperson, he/she shall be considered duly elected as of the night of election. If more than one individual has qualified, an election shall proceed by ballot as hereinafter provided.

  1. Voting by Ballot – A ballot box shall be provided at each general precinct election, and each person having been found qualified to vote and holding a voter’s certificate shall receive an official ballot, with designated lines for voting for Chairperson and/or Vice Chairperson, and shall vote by legibly writing upon said ballot the name of one candidate for whom he/she desires to vote for either or each of the two precinct offices and shall deposit his/her ballot in said ballot box. Each candidate shall be entitled to one (1) watcher and one (1) tabulator. Upon the closing of the voting, the ballots shall be opened, counted, tabulated by watchers and tabulators, and the results announced, and the candidate for each precinct office receiving the greatest number of votes shall upon certification to the Democratic Central Committee be declared duly elected.

  1. Certification of Elections – The presiding officer shall, immediately following the election, report and certify to the Democratic Central Committee, the list of newly elected officers, together with a report of the number of registered voters certified to vote at said election and deliver the resealed ballot box to the Democratic Central Committee Headquarters the same evening. The Democratic Central Committee shall be the final judge of any challenges. Such challenges must be filed with the Democratic Central Committee no later than three (3) days after the precinct election.

  1. Special Elections

  1. When Special Precinct Elections Shall Be Held – Special precinct elections shall be held when at least 10 percent (10%) or 100, whichever is the lesser, of the registered Democratic voters of a precinct shall by petition to the Democratic Central Committee request a new election of the precinct officers of their precinct, provided that no such petition may be filed between the date falling sixty (60) days prior to a primary election and third Tuesday in November in the even numbered years, and signatures on such petition shall be collected in a sixty (60) day period. Such petitions must follow exactly the form available for such purpose at the office of the Democratic Central Committee. Such special elections shall be held within forty-five (45) days of the receipt of such petitions.

  1. Notice of Special Precinct Elections by Democratic Central Committee – The Democratic Central Committee shall give notice to all registered Democratic voters in the precinct in which there shall be a special election in a manner similar to that provided in Section D, 2 (b) (2).

  1. Precinct Chairperson – Filing Requirements – if the office of the Precinct Chairperson is to be filled by a special precinct election, all candidates, including the incumbent, must file for office with the office of the Democratic Central Committee during the period commencing on the 45th day and closing on the 21st day prior to the special precinct election. If no candidate files pursuant to this rule for Precinct Chairperson, then the Democratic Central Committee shall appoint a person to fill the office. If no one files for Vice Chairperson, the Chairperson may recommend to the Democratic Central Committee a person to fill this office.

  1. Procedure for Special Elections – The procedure for conducting a special precinct election shall conform to the procedure for conducting a general precinct election as set forth above, except as to dates.

  1. Term of Office of Precinct Officer Elected At Special Election – Any officer elected at a special precinct election shall have a term of office which shall terminate at the next regular precinct chairperson election.

SECTION E – Rules Governing Meetings of Democratic Precinct Officials

  1. Meetings.

All meetings herein described shall be public.

  1. Regular Meetings – Regular meetings of Montgomery County Democratic Precinct Chairpersons and Vice Chairpersons (Precinct Chairpersons) and Area Coordinators with the Montgomery County Democratic Central Committee (Democratic Central Committee) shall be held at least one (1) time county-wide a year starting no later than 8:30 p.m. In election years, there shall be at least two (2) county-wide meetings which shall include:

  1. A campaign meeting of Precinct Chairpersons, Vice Chairpersons and Area Coordinators with the Democratic Central Committee shall be held in each even-numbered year, within ten (10) days after the final filing date for candidates in Democratic Primaries, said meetings to start no later than 8:30 p.m., for the purpose of meeting with and hearing addresses by candidates in the Democratic Party primary.

  1. A special meeting of Precinct Chairpersons, Vice Chairpersons and Area Coordinators with the Democratic Central Committee shall be held in each even-numbered year in the month of October, for the purpose of receiving instructions and conducting business concerning the general election.

  1. Additional Meetings – Additional special meetings, either county-wide or by geographical areas, may be called from time to time by the Democratic Central Committee and shall be called by the Secretary for said Committee at the request in writing of not less than one-fifth (1/5) of the total number of Precinct Chairpersons, Vice Chairpersons and Area Coordinators then serving Montgomery County. Requests for special meetings must set forth the proposed date of the meeting and purpose or purposes of the meeting and must be received by the Secretary of the Democratic Central Committee at least fourteen (14) days prior to the requested date for the meeting so as to permit proper notice pursuant to these rules.

  1. Notice of Meetings – Written or printed notice setting forth the place, day, hour, and agenda for the meetings accompanied by brief descriptive information on agenda items and a brief summary of minutes of the preceding meeting shall be mailed as to reach each Precinct Chairperson, Vice Chairperson and Area Coordinator not less than fourteen (14) days before meetings.

  1. Agenda for Meetings –

  1. The basic responsibility for determining and establishing the agenda for each meeting is vested in the Democratic Central Committee.

  1. Requests for the inclusion of specific items of business on the agenda for meetings may be addressed to the Democratic Central Committee by any Chairperson, Vice Chairperson, or Area Coordinator, but it shall be within the sole discretion of the Democratic Central Committee to accept or reject such request unless made in writing and supported by not less than five percent (5%) of the total number of Precinct Chairpersons, Vice Chairpersons and Area Coordinators then serving Montgomery County. Agenda items requested by not less than five percent (5%) of said Precinct Chairpersons, Vice Chairpersons and Area Coordinators shall be added to the agenda if received by the Secretary of the Democratic Central Committee at least seven (7) days prior to the date of the meeting.

  1. Notwithstanding subsections (a) and (b), in the event that an emergency matter requiring the prompt attention of the Precinct Chairpersons, Vice Chairpersons and Area Coordinators should arise subsequent to the time herein specified for placing an item on the agenda, this matter may be placed on the agenda subject to the following conditions:

  1. The request for an addition to the agenda shall be made at the beginning of the meeting, at which time no discussion on the matter may be held.

  1. The party proposing such a motion shall have sufficient copies on hand for distribution to the Chairpersons, Vice Chairpersons, and Area Coordinators assembled and the members of the Democratic Central Committee present.

  1. The request for an addition to the agenda shall be voted on prior to any other business.

  1. Should a majority of the Chairpersons, Vice Chairpersons and Area Coordinators assembled vote for its addition, the item will be placed on the agenda following all other business.

  1. Place of Meetings – The Democratic Central Committee may designate any place within Montgomery County as the place of the meeting.

  1. Quorum for Meetings – No less than one-third (1/3) of all Precinct Chairpersons, Vice Chairpersons and Area Coordinators must be present to conduct business.

  1. Attendance and Authorization to Vote at Meetings – At each meeting registration shall be held upon entrance, and a permanent record shall be maintained of such attendance. Precinct Chairpersons and Vice Chairpersons and Area Coordinators shall be identified by voting cards to be furnished by the Democratic Central Committee.

  1. Transaction of Business at Meetings – The written or printed agenda as forwarded in advance of the meeting to all precinct Chairpersons, Vice Chairpersons and Area Coordinators shall be followed subject to additional items referred to in Item (d) (ii) and Item (d) (iii).

  1. Voting at Meetings –
  1. A Precinct Chairperson, Vice Chairperson and Area Coordinator shall each be entitled to one (1) vote on each item of business at all meetings. Precinct Chairpersons and Vice Chairpersons are deemed to represent the Democratic residents of their precincts at the meetings whether or not said residents have been polled on the issues before the body.

  1. Notices of all meetings shall be forwarded by the Democratic Central Committee to Committee Chairpersons and Officials appointed by the Democratic Central Committee and elected and appointed Democratic officials of Montgomery County who shall be considered ex-officio members of meetings for the purpose of discussion, but not voting.

  1. Members of the Democratic Central Committee may participate in all discussions, but shall not vote.

  1. Others present may participate in the discussions.

  1. General Rules of Procedure – Except as otherwise specified, all meetings shall be conducted pursuant to Robert’s Rules of Order.

2. Policy.

  1. Endorsement of Candidates in Democratic Party Primaries – Endorsement of candidates in Democratic primaries shall not be made by the Democratic Central Committee or by Area Coordinators or by Precinct Chairpersons and Vice Chairpersons acting as an official body.

  1. Consultation on Appointments – When appointive positions are available, time permitting, notice of the offices to be filled shall be given by the Democratic Central Committee to all Precinct Chairpersons, Vice Chairpersons and Area Coordinators. Precinct Chairpersons, Vice Chairpersons and Area Coordinators may then direct communications to the Democratic Central Committee requesting consideration of specific individuals for openings. The basic responsibility of for making recommendations for appointments is vested in the Democratic Central Committee. When possible, all final recommendations by the Committee shall be discussed in advance with the Precinct Chairperson for the precinct in which the prospective appointee resides.

  1. Consultation on National, State and Local Legislative Matters – Meetings shall be considered proper forums for receiving formal recommendations and expressions of opinion from Precinct Chairpersons, Vice Chairpersons and Area Coordinators on national, state and local legislative matters, provided that such items of business are properly before the body in accordance with Item 1. Whenever possible, the Democratic Central Committee shall elicit such recommendations and expressions of opinion, it being understood, however, that said Committee is not bound by the vote of Precinct Chairpersons, Vice Chairpersons and Area Coordinators.

  1. Marking of Official Ballots and All Matters Other Than Candidates –
  1. Questions on official Democratic ballots may not be marked in a discretionary manner. All ballots shall be marked in accordance with the official Montgomery County Democratic Party position adopted by the Montgomery County Democratic Central Committee. The official position shall be determined only after positions on each question shall have been voted upon at a regular  or special meeting of Precinct Chairpersons, Vice Chairpersons and Area Coordinators (i.e. the Precinct Organization) having on its agenda the discussion of such markings. A meeting of the Montgomery County Democratic Central Committee shall convene ten minutes after the adjournment of the Precinct Organization meeting. The meeting of the Central Committee will be held in public session for the purpose of adopting the Party position on ballot questions. If the Central Committee adopts a recommendation of the Precinct Organization, that position will be the position of the Party on that ballot question. If the Central Committee fails to adopt a recommendation of the Precinct organization, the Party will be neutral on that ballot question. No resources of the Party (or any of its components) may be used to compile or distribute material or information on ballot questions contrary to the position of the Party.

  1. Not less than three months prior to consideration of ballot questions by Precinct Chairpersons, Vice Chairpersons and Area Coordinators, the Democratic Central Committee shall, by resolution, establish a committee to report to the Precinct Chairpersons, Vice Chairpersons and Area Coordinators on the ballot questions and shall give notice of the committee to all interested Democrats. Applications for positions on the committee shall be sought, and the Democratic Central Committee shall name the committee not less than two months prior to consideration of ballot questions by Precinct Chairpersons, Vice Chairpersons and Area Coordinators. Any Democrat registered in the county may serve on the committee, but a majority of members shall be from the membership of the precinct organization. In selecting the committee, the Democratic Central Committee shall strive for a geographic and ideological balance. The report of the committee shall include a detailed, objective description of each question and arguments for, against, and for no position on each question made by members of the committee or by people generally known to the Precinct Chairpersons, Vice Chairpersons and Area Coordinators. The committee’s report shall be mailed so as to reach the Precinct Chairpersons, Vice Chairpersons and Area Coordinators not less than two weeks prior to the meeting at which the ballot questions appear on the agenda.

  1. Democratic sample ballots shall never be marked with recommendations on School Board candidates. The Democratic Central Committee and Precinct Chairpersons shall not issue any Party literature on School Board candidates, nor shall literature on such candidates be distributed in conjunction with any party literature.

3. Definitions.

Whenever the term Precinct Chairperson or Precinct Chairpersons is used in these rules, it shall be deemed to mean Precinct Chairperson and Vice Chairperson and to include appointed and Provisional Precinct Chairpersons and Vice Chairpersons as defined under “Rules Governing Qualifications and Elections of Democratic Precinct Officials of Montgomery County, Maryland.”

SECTION F – Effective Date

These rules shall be effective immediately upon adoption except that Section A, 3 shall become effective on the date of the next general precinct election. Revisions Adopted April 4, 1978.

[Sections C(1) and C(2)(a) were amended as shown on  February 11, 2003.]

[Section C(4) was added on March 13, 1995.]

[Section E(2)(d)(i) was amended as shown on May 27, 1999.]


MARYLAND DEMOCRATIC PARTY CONSTITUTION

We, the Democrats of Maryland, recognize our heritage and responsibilities as members of a great and historic political movement dedicated to democratic government, social justice, and economic opportunity for all our citizens. We rededicate ourselves to furthering the principles and ideals that have led our Party since the time of Thomas Jefferson and Andrew Jackson, and further dedicate ourselves to promote and elect the nominees of our Party for local, State and National offices. To these ends, and to our better governance, we hereby establish this Constitution for the Maryland Democratic Party.

Article I                        Name and Affiliation

The name of this organization shall be the Maryland Democratic Party. It shall maintain an affiliation with and be a part of the Democratic Party of the United States.

Article II                        Membership and Participation

Membership in the Maryland Democratic Party is open to all citizens of the State of Maryland who support the ideals and principles of the Maryland Democratic Party, and have registered their party affiliation as Democrats. Persons under the age for registering to vote are encouraged to participate in the activities of the party.

  1. Discrimination in the conduct of affairs of the Maryland Democratic Party on the basis of sex, race, age (if of voting age), religion, economic status, sexual orientation, or ethnic origin is prohibited.
  2. The Maryland Democratic Party encourages the full participation of all Democrats with particular concern for minority groups, in the selection process for delegates to Democratic national Conventions. To that end, the party shall, as nearly as practicable, adopt and implement program which provide for representation of Americans of African, Asian/Pacific, or Hispanic descent; native Americans; women and youth, as provided in this Article shall not be deemed a quota.

Article III                        State Central Committee

The supreme governing body of the Maryland Democratic Party shall be the Democratic State Central Committee of Maryland:

  1. The Democratic State Central Committee of Maryland shall have general responsibility for the affairs of the Maryland Democratic Party. It shall meet, act, and discharge its responsibilities in accordance with the laws of Maryland, the Charter and Bylaws of the Democratic Party of the United States, and the Constitution of the Maryland Democratic Party.
  2. The members of the Democratic State Central Committee of Maryland shall be those persons elected from the 23 counties and Baltimore City in accordance with the laws of Maryland, such officers as shall be elected by the Democratic State Central Committee of Maryland in accordance with this Constitution and its Bylaws, and such additional persons as may be elected by the Democratic State Central Committee of Maryland for the purpose of complying with the Charter, bylaws, or delegate selection procedure of the Democratic Party of the United States.
  3. The Democratic State Central Committee of Maryland shall elect a Chairperson, other officers, and members of an Executive Committee as set forth in its Bylaws.

Article IV                        Amendments and Bylaws

  1. This constitution may be amended by the affirmative weighted vote of two-thirds (2/3) of the entire membership of the Democratic State Central Committee of Maryland, provided that written notice of the meeting and the text of the proposed amendment shall be send to the members of the Democratic State Central Committee of Maryland. The notice and text shall be sent by first class mail and postmarked at least twenty days prior to the date of the meeting.
  2. The Democratic State Central Committee of Maryland shall adopt Bylaws for the Maryland Democratic Party to provide for the governance of the Party’s affairs not provided for in this Constitution. Bylaws may be adopted by two-thirds (2/3) of the weighted vote of the members present at any meeting of the Democratic State Central Committee of Maryland, provided that written notice of the meeting and the text of the Bylaws shall be sent to the embers thereof. The notice and text shall be sent by first class mail and postmarked at least thirty (30) days prior to the date of the meeting.
  3. Copies of amendments to this Constitution or the Bylaws shall be filed with the State Administrative Board of Elections Laws or its successor agency and the Democratic National Committee within ten days following adoption.


MARYLAND DEMOCRATIC PARTY BYLAWS

[as amended December 13, 2008]

ARTICLE I                NAME AND AUTHORITY

The name of this organization shall be the Maryland Democratic Party (herein, the Party). It shall have such authority and powers as may be granted, delegated, or otherwise permitted by the laws of the United States and the State of Maryland, by the Charter and Bylaws of the Democratic Party of the United States, and the Constitution of the Maryland Democratic Party.

ARTICLE II                MEMBERSHIP

Membership in the Maryland Democratic Party is open to all citizens of the State of Maryland who support the Party’s ideals and principles, and have registered their party affiliation as Democrats. Persons under the age for registering to vote are encouraged to participate in the activities of the Party. The right to vote in the Party’s primary elections shall be extended to all individuals who shall have registered to vote as democrats, and will be eligible to vote in the general election for which that primary will select the Party’s nominees.

ARTICLE III        THE DEMOCRATIC STATE CENTRAL COMMITTEE OF MARYLAND

As set forth in Article III of the Constitution of the Maryland Democratic Party, the supreme governing body of the Party shall be the Democratic State Central Committee of Maryland.

  1. Membership – The members of the Democratic State Central Committee of Maryland shall be:
  1. Those persons elected by ballot from their respective political subdivisions of the State of Maryland in the gubernatorial primary in accordance with the laws of Maryland; and
  2. Such officers as shall be elected by the Democratic State Central Committee of Maryland in accordance with this Constitution and Bylaws; and
  3. Such additional persons as may be elected by the Democratic State Central Committee of Maryland for the purpose of complying with the Charter, Bylaws, or delegate selection procedure of the Democratic Party of the United States.
  1. Term of Office – Members elected under the terms of Section 1A and 1B of this Article shall serve a term of four years, or until their successors qualify. Members elected under the terms of Section 1C of this Article shall serve until the qualification of the new members cited in Section 1A.
  2. Voting – There shall be a total of one thousand (1,000) weighted votes authorized to be cast in the Democratic State Central Committee of Maryland.
  1. Votes shall be allocated among the central committees representing the political subdivisions based upon the following formula: twenty-five (25) percent weight to population based on the most recent federal census, twenty-five (25) percent weight each to the proportion of the vote given to the Democratic candidates for President in each of the two most recent presidential elections by each subdivision, and twenty-five (25) percent weight to the proportion of the vote given to the Democratic candidate for Governor in the most recent gubernatorial election by each subdivision.
  2. The proportional votes for each subdivision shall be reallocated within ninety (90) days after the most recent relevant election or census.
  3. In no event shall any subdivision have fewer than one (1) percent of the total weighted votes.
  4. No unit rule shall be permitted in casting the votes of any subdivision. Any member shall have the right to ask that their delegation be polled.
  5. Each member of the Democratic State Central Committee of Maryland shall be entitled to cast their vote, including fractional votes, equal to the total number of members representing their subdivision divided by the number of votes allocated to said subdivision.
  6. The right to vote shall be limited to those persons specified in Article III, Sections 1(A) and (C) of these Bylaws.
  1. Meetings.
  1. The Democratic State Central Committee of Maryland shall hold at least two regular meetings in each calendar year, one in the spring and one in the fall of the year.
  2. Special meetings of the Democratic State Central Committee of Maryland may be called by an affirmative vote of the Executive Committee or by written petition with signatures representing at least two hundred fifty (250) of the weighted votes entitled to be cast, or by petition of the majority of the members of any four political subdivisions.
  3. Notice of regular meetings shall be sent by first class mail and postmarked at least twenty (20) days prior to the date of the meeting.
  4. A quorum for the conduct of business at meetings of the Democratic State Central Committee of Maryland shall be twenty-five (25) percent of the total weighted votes authorized to be cast.
  5. The Chair may limit the agenda of any meeting to those items submitted to the Chair by a member of the Democratic State Central Committee of Maryland at least seventy-two (72) hours prior to the meeting.
  6. All meetings of the Democratic State Central Committee of Maryland shall be open to the public.
  7. The authority for the rules of procedure of the Committee shall be those contained in the latest edition of Robert’s Rules of Order, Newly Revised, except when they shall conflict with the Constitution or Bylaws of the Maryland Democratic Party, or a resolution to the contrary duly adopted by the Democratic State Central Committee of Maryland.
  1. Responsibilities of members – It shall be the duty and responsibility of each member of the Democratic State Central Committee of Maryland to work in the interests of the Maryland Democratic Party and to further the purposes and policies of the party.

A member of the Democratic State Central Committee of Maryland may be considered to have resigned and their seat vacated by virtue of their regular failure to participate in the activities and affairs of the Maryland Democratic Party at the local or state level.

  1. Failure to participate shall be defined as failure to attend a majority of regularly scheduled meetings of the State and local Democratic Central Committee during any twelve-month period.
  2. A member may be declared to have resigned by their local Democratic Central Committee if:
  1. The member’s local central committee has adopted a rule setting minimum attendance standards at local and/or State Central Committee meetings, including a method of certifying members’ attendance, and
  2. The member’s local Democratic Central Committee has filed with the Secretary copies of the minutes of its meetings, which include the attendance of members at each meeting and
  3. The member is certified to the Secretary of the Maryland Democratic Party to have violated the local Democratic Central Committee attendance rule. The Secretary shall then officially notify the member in writing that their seat has been vacated.
  4. Such members may appeal their removal following the procedure set forth below, provided that the appeal is limited to the question of violation of the local Democratic Central Committee’s attendance standard.
  1. An appeal of a declaration of resignation and vacancy under § 5B above must be presented to the Chair of the Maryland Democratic Party by the member appealing the removal within fifteen 915) business days of the action by the Secretary of the Maryland Democratic Party.
  2. Within five (5) business days after receiving any appeal of a declaration of resignation and vacancy, the Chair shall refer said petition or appeal to the Credentials Committee for its review and recommendation.
  3. Within fifteen (15) business days after receiving any appeal of declaration of resignation and vacancy, the Credentials Committee shall hold a hearing on said appeal affording the member the opportunity to confront the petitioners, present evidence and witness to rebut the grounds for disqualification, and question any witness testifying against said member. The member against whom is appealing a declaration of resignation and vacancy shall have the right to employ counsel and the right to examine all evidence presented to the Credentials Committee.
  4. Within ten (10) business days after the last day of the hearing, the Credentials Committee shall make a written recommendation for action on the petition or appeal to the chair of the Maryland Democratic Party.
  5. The Chair of the Maryland Democratic Party shall notify parties filed of the recommendation of the Credentials Committee by registered mail within five (5) business days of receiving the recommendation.
  6. If the Credentials Committee recommends that the member be removed from office, the removal shall automatically take effect unless the member files a request, in writing, within fifteen (15) business days of their notification to have the recommendation considered by the Executive Committee of the Democratic State Central Committee of Maryland. In the event of such a request, the Executive Committee shall vote on the recommendation of the Credentials Committee at its next meeting, with there being no further right to appeal.

6. Removal of Members – A member of the Democratic State Central Committee of Maryland may be considered disqualified for office and removed as a member.

  1. Grounds for such disqualification and removal from office shall include:
  1. For malfeasance or malfeasance in office.
  2. Upon conviction of a felony.
  3. For openly supporting or endorsing a candidate for public office of another political party or an independent candidate who is opposed or will be opposed by a Democratic nominee for the same office. Violation of this subsection may include endorsing or making public statements of support for a candidate; donating money of in-kind goods or services that are subject to official reporting; displays signs on real or personal property; wearing or displaying campaign buttons, bumper stickers, or similar displays; or participating in coordinated or cooperative campaign efforts in support of such a candidate or candidates.
  1. Members of the Democratic State Central Committee of Maryland subject to disqualification and removal under these bylaws may be removed from office upon petition filed and findings made in accordance with the following procedure.
  2. A petition for removal must be presented to the Chair of the Maryland Democratic Party by majority vote from the local central committee or bearing signature of any three (3) bona fide Democrats registered to vote in the political subdivision of which the member represents. The petition must cite grounds for disqualification and removal in accordance with §6A above.
  3. Within five (5) business days after receiving any petition for removal or appeal of a removal, the Chair shall refer said petition or appeal to the Credentials Committee for its review and recommendation.
  4. Within fifteen (15) business days after receiving any petition for removal or appeal of a removal, the Credentials Committee shall hold a hearing on said petition or appeal affording the member the opportunity to confront the petitioners, present evidence and witness to rebut the grounds for disqualification, and question any witness testifying against said member. The member against whom a petition for removal is filed or who is appealing a removal shall have the right to employ counsel and the right to examine all evidence presented to the Credentials Committee.
  5. Within ten (10) business days after the last day of the hearing, the Credentials Committee shall make a written recommendation for action on the petition or appeal to the Chair of the Maryland Democratic Party.
  6. The Chair of the Maryland Democratic Party shall notify parties filed of the recommendation of the Credentials Committee by registered mail within five (5) business days of receiving the recommendation.
  7. If the Credentials Committee recommends that the member be removed from office, the removal shall automatically take effect unless the member files a request, in writing, within fifteen (15) business days of their notification to have the recommendation considered by the Executive Committee of the Democratic State Central Committee of Maryland. In the event of such as request, the Executive Committee shall vote on the recommendation of the Credentials Committee at its next meeting, with there being no further right to appeal.

ARTICLE IV                OFFICERS OF THE MARYLAND DEMOCRATIC PARTY

The officers of the Maryland Democratic Party shall be a Chair, two Vice-Chairs, Secretary, Treasurer, Deputy Treasurer, Deputy Secretary and such Democratic National Committeepersons as the Maryland Democratic Party shall be entitled to elect under the rules of the Democratic Party of the United States. All officers shall be elected by and serve at the pleasure of the Democratic State Central Committee of Maryland.

  1. Elections – The Chair, Vice-Chairs, Secretary and Treasurer, Deputy Secretary, and Deputy Treasurer shall be elected in that order by the Democratic State Central Committee of Maryland at the first regular meeting of its term in office.
  1. These seven executive officers must be residents of different political subdivisions from each other.
  2. One must be a resident of Western Maryland (Garrett, Allegany, Washington, Frederick, Carroll or Howard County), one a resident of Southern Maryland (St. Mary’s , Charles, Calvert or Anne Arundel Counties), and one a resident of the Eastern Shore (Cecil, Harford, Kent, Queen Anne’s, Caroline, Talbot, Dorchester, Wicomico, Somerset or Worcester Counties). The others should reside in Baltimore, Montgomery and Prince George’s Counties and Baltimore City, respectively.
  3. The Democratic National Committeepersons shall be elected at the regular spring meeting prior to each National Convention. The national committeepersons must be residents of different political subdivisions from each other.
  1. Term – The Officers of the Democratic State Central Committee of Maryland shall be elected to serve a four year term, from the time of their election, until their successors are chosen and qualify.
  2. Chair – The Chair shall be the chief executive officer of the Maryland Democratic Party. The Chair shall preside at all meetings of the Democratic State Central Committee of Maryland and the Executive Committee; preserve order during deliberations; appoint committees; appoint, with the consent of the Executive Committee, and Executive Director and legal counsel for the Party, and the chairs of standing committees, each of whom shall serve at the pleasure of the Chair; serve as the Maryland Democratic Party’s principal member of the Democratic National Committee; and perform such other duties as may be required by law or as may be directed by the Democratic State Central Committee of Maryland or its Executive Committee.
  3. Vice-Chairs – There shall be two vice-chairs, of opposite gender. The Vice Chair of the opposite gender as the Chair shall be the First Vice-Chair, and the other shall be the Second Vice-Chair. The First Vice-Chair shall serve as the acting Chair in the absence or temporary inability or disability of the Chair, and shall be one of the Maryland Democratic Party’s members of the Democratic national Committee. The vice-chairs shall perform such other duties as may be delegated, assigned or directed by the Chair, the Democratic State Central Committee of Maryland or its Executive Committee, or these Bylaws.
  4. Secretary – The Secretary shall be responsible for taking, recording, and distribution of the minutes of the Democratic State Central Committee of Maryland and the Executive Committee. The Secretary shall have custody and control over all the books, papers, records, and other documents of the Democratic State Central Committee of Maryland which shall be maintained at the permanent offices of the Democratic State Central Committee of Maryland.
  5. Treasurer – The Treasurer shall keep accounts of all monies received by the Democratic State Central Committee of Maryland and the Maryland Democratic Party. The Treasurer shall deposit all monies and valuables in the name of the Democratic State Central Committee of Maryland and/or Maryland Democratic Party in such depositories as the Executive Committee or the Democratic State Central Committee of Maryland shall designate. The Treasurer shall not expend any money or valuable thing, or incur any liability whatsoever, except with the authority and direction of the Chair of the Maryland Democratic Party, subject to the budget adopted by the Executive Committee. The Treasurer shall prepare and present a financial report for the regular meetings of the Democratic State Central Committee of Maryland and the Executive Committee and shall be responsible for the preparation and presentation of the annual budget. The Treasurer shall be bonded in such amounts as may be designated by the Executive Committee, the cost of said bond to be paid by the Democratic State Central Committee of Maryland.
  6. Deputy Secretary – The Deputy Secretary shall assist the Secretary and shall perform such other duties as may be delegated, assigned or directed by the Chair, the Democratic State Central Committee of Maryland or its Executive Committee.
  7. Deputy Treasurer – The Deputy Treasurer shall assist the Treasurer and shall perform such other duties as may be delegated, assigned or directed by the Chair, the Democratic State Central Committee of Maryland or its Executive Committee.
  8. Removal from Office – At any regular or special meeting of the Executive Committee, it shall be in order to introduce a resolution recommending to the Democratic State Central Committee of Maryland the removal of an individual officer.
  1. The resolution shall have priority over every other motion, and must be considered immediately. If the officer named is the Chair, the First Vice-Chair shall preside over the consideration of the question. If a majority of the members of the Executive Committee present and voting agree to the resolution, the office in question shall be suspended from the performance of their duties, and their removal r3ecommended to the Democratic State Central Committee of Maryland.
  2. The recommendation shall be presented to the Democratic State Central Committee of Maryland at either a regular or special meeting, which must be held within thirty (30) days of the Executive Committee’s action. If a majority of the members of the Democratic State Central Committee of Maryland present and voting agree to the resolution the officer shall be removed from their position, and the vacancy shall be filled as prescribed in these Bylaws.
  1. Vacancies – In the event of death, disability, or resignation of any officer of the Maryland Democratic Party, the vacancy shall be filled temporarily by the Executive Committee. Following the temporary appointment, the vacancy shall be filled for the remainder of the unexpired term by the Democratic State Central Committee of Maryland at its next regular meeting or at a special meeting called for that purpose.

ARTICLE V                THE EXECUTIVE COMMITTEE

There shall be an Executive Committee of the Democratic State Central Committee of Maryland, comprised of the officers of the Maryland Democratic Party, and such representatives and other members as shall be provided for in these Bylaws. The Executive Committee shall have the power to conduct the business and supervise the affairs of the Maryland Democratic Party between the meetings of the Democratic State Central Committee of Maryland, including adopt a budget, except that it may not amend the party’s Constitution or Bylaws, remove officers or members of the Democratic State Central Committee of Maryland, or elect permanent officers of the Party.

  1. County Representatives – The local central committee in each of Maryland’s 24 political subdivisions shall select a representative and an alternate to serve on the Executive Committee. Subdivisions with a weighted vote of 90 or more may divide their votes equally among up to 3 representatives.
  2. Allocation of Votes – Each subdivision’s representative shall be entitled to cast a weighted vote equivalent to their share of the weighted vote in the State Central Committee, except that no subdivision shall have less than one vote. In addition, each officer or representative of a statewide Democratic Constituency or organization as defined in section 3 shall be entitled to cast one vote.
  3. Other members – The Chair may appoint, with the consent of the Executive Committee, up to four (4) persons, each of whom resides in different political subdivisions, to serve as representatives of Statewide Democratic constituencies or organizations. One of these seats shall be reserved for a representative of the Maryland Legislative Black Caucus. These persons shall serve a term of two years from the time they are appointed and confirmed. In addition, the Young Democrats of Maryland and the United Democratic Women’s Clubs of Maryland shall each be entitled to a representative on the Executive Committee.
  4. Conduct of Business – A quorum for the conduct of business at meetings of the Executive Committee shall be present when the members entitled to vote a majority (51%) of the total number of votes provided in section 2 of this article are present.  All questions coming before the Executive Committee shall be decided by a majority vote of those present and voting, except those procedural matters which require an extraordinary majority in accordance with the Party’s rules of procedure.
  5. Meetings – The Executive Committee shall meet on a regular basis at least six times in each calendar year. Special meetings may be called by the Chair or by petition of twenty-five (25) percent of its members. Minutes of all meetings shall be available to any member of the Democratic State Central Committee of Maryland.

ARTICLE VI                COMMITTEES

The Maryland Democratic Party shall have certain standing committees, as enumerated in the Article, and such other special committees as may be appointed from time to time by the Chair of the Maryland Democratic Party. All committees appointed under this Article shall be appointed by and serve at the pleasure of the Chair of the Maryland Democratic Party. The membership of these standing committees shall be primarily drawn from the membership of the Democratic State Central Committee of Maryland. If a standing committee shall have co-chairs, at least one of them shall be a member of the Democratic State Central Committee of Maryland. With the exception of the Credentials Committee, each region shall be entitled to have at least one representative on each standing committee. In addition to their stated responsibilities, standing committees shall perform such other duties as may be assigned from time to time by the Chair, Executive Committee, or Democratic State Central Committee of Maryland.

  1. Credentials – The Credentials Committee shall be chaired by the First Vice-Chair of the Maryland Democratic Party and be comprised of the First Vice-Chair, such Democratic National Committeepersons as the Maryland Democratic Party shall be entitled to elect, and such other members appointed by the Chair as will ensure representation from each of the seven regions. The Credentials Committee shall have the responsibility of certifying the qualifications of all members of the Democratic State Central Committee of Maryland and of reviewing petitions for removal of members.
  2. Rules Committee – The Rules Committee shall be chaired by the Second Vice-Chair of the Maryland Democratic Party and be comprised of the Second Vice-Chair and at least thirteen (13) other members to be appointed by the Chair of the Maryland Democratic Party. The Rules Committee shall be responsible for insuring compliance of the governing documents of the Maryland Democratic Party with the laws of the United States and the State of Maryland and with the Charter, Bylaws, and rules of the Democratic Party of the United States. It shall review and report on any proposed amendments or revisions to the Constitution or Bylaws of the Maryland Democratic Party, and may propose such rules as are necessary to the conduct of meetings or business of the Maryland Democratic Party.

ARTICLE VII        PRESIDENTIAL NOMINATIONS AND ELECTIONS

The Democratic State Central Committee of Maryland has an important role in the nomination and election of the President and Vice President of the United States.

  1. Democratic National Conventions – Delegates and alternates representing Maryland at Democratic National Conventions shall be chosen in accordance with the laws of the United States and the State of Maryland, and the Charter, Bylaws, and Rules of the Democratic Party of the United States under a delegate selection plan adopted by the Democratic State Central Committee of Maryland.
  2. Nomination of Candidates for Presidential Electors – local central committees shall meet as soon after the Democratic national Convention as is practical, but before the 15th day of September. Each committee shall recommend to the State Chair candidates for Presidential Elector who are residents of the district(s) in which the committee is located. After receiving the recommendations of the caucuses and any Democratic constituency groups the State Chair shall propose a slate of candidates for Presidential Elector for approval by the Executive Committee. Upon approval of the candidates, the State Chair shall certify the names to the State Board of Elections in accordance with State law.

ARTICLE VII        STATE HEADQUARTERS AND STAFF

The Maryland Democratic Party shall establish and maintain permanent headquarters and professional staff. The staff of the Headquarters shall be responsible for the day-to-day administration of the business affairs of the Party.

  1. Headquarters – the Headquarters shall be located in a place within Maryland selected by the Chair with the consent of the Executive Committee. The Headquarters shall afford reasonable access to the officers and members of the Democratic State Central Committee of Maryland, Democratic elected officials and nominees, other Democratic activists, and the interested public.
  2. Staff – The Maryland Democratic Party shall employ an Executive Director, to be chosen by the Chair, with the approval of the Executive Committee. The Maryland Democratic Party may employ such other persons as authorized by the Executive Committee in the annual budget. The Executive Director and such other staff as may be employed shall serve at the pleasure of the Chair.
  3. Direction of Staff – The Executive Director and staff shall act under the direction of the Chair, but shall also be responsive to the guidance or requests of the Executive Committee or Democratic State Central Committee of Maryland.
  4. Neutrality in Primary Campaigns – In Democratic Primary campaigns, the staff and headquarters of the Maryland Democratic Party may not be used to the advantage of one candidate over another, except insofar as services and information are equally available to all Democratic candidates.

ARTICLE IX                LOCAL DEMOCRATIC CENTRAL COMMITTEES

The members of the Democratic State Central Committee of Maryland elected to represent a particular political subdivision of the State of Maryland shall comprise the Democratic Central Committee for each of said subdivisions. Each local Democratic Central Committee shall keep a current copy of its constitution and bylaws on file at the headquarters of the Mary Democratic Party.

  1. Authority – The local Democratic Central Committee shall represent the Maryland Democratic Party within their respective political subdivisions and shall perform such functions required by the laws of the State of Maryland, the Charter and Bylaws of the Democratic Party of the United States, and the Constitution and Bylaws of the Maryland Democratic Party.
  2. Responsibilities – Local Democratic Central Committees shall promote the interest of the Democratic Party and its candidates over those of opposing parties and candidates. Each local Committee shall be responsible for drafting a two-year work plan for each election cycle held during its term. This plan, which shall be submitted to the State Chair, will detail the Committee’s efforts to build the local party and support its candidates over the two-year period between General Elections.
  3. Membership – The number of members comprising the Democratic Central Committee for a particular subdivision shall be designated by the local Democratic Central Committee unless otherwise prescribed by law. Each Democratic Central Committee shall certify the size its committee to the State Administrator of Elections, and its local Board of Elections. Any changes in size shall be filed at least six months prior to a primary election. No person may serve as a member of a local Democratic Central Committee unless that person is a registered Democrat and bona fide resident of the subdivision.
  4. Removal of Members – A member may be declared to have resigned by their local Democratic Central Committee pursuant to the participation standard set forth ion Article III, Section 5, above. Members may be subject to removal pursuant to Section 6 above. Such members may appeal their removal to the State Central Committee following the procedure set forth above in that section.
  5. Vacancies – In the event of a vacancy in a local Democratic Central Committee, the vacancy shall be filled by the remaining members of that Democratic Central Committee at a public meeting held within forty-five (45) days after the vacancy shall occur. In the event the local Democratic Central Committee fails to fill the vacancy within the allotted time, the Chair of the Maryland Democratic Party may appoint a successor subject to the approval of the Executive Committee.
  6. Meetings – Within twenty (20) days following the primary election in which they are elected, the local Democratic Central Committee shall meet at a place and time selected by the chair of the outgoing local Democratic Central Committee for the purpose of organizing the new committee. If no time and place is designated, the Chair of the Maryland Democratic Party or a majority of the members of the new local Democratic Central Committee may convene such a meeting. Thereafter, each local Democratic Central Committee shall hold at least six (6) meetings each year, the minutes of which are to be filed with the Headquarters of the Maryland Democratic Party. A quorum for a local Democratic Central Committee shall be at least fifty (50) percent of its members.
  7. Filling Vacant Elective Offices – from time to time a local Democratic Central Committee may be empowered or required by law or the Constitution or Bylaws of the Maryland Democratic Party to fill a vacant elective office. In such an event, the local Democratic Central Committee shall ensure that reasonable public notice is given concerning the vacancy, the procedure for filling the vacancy, and the qualifications and requirements for candidates to fill the vacancy. Meetings held by a local Democratic Central Committee for the purpose of filling such a vacancy shall be open to the public, and votes for the purpose of filling the vacancy shall be conducted by roll call.
  8. Governing Documents
  1. Notification – Each local Democratic Central Committee shall annually provide the Secretary with a copy of its Constitution, Bylaws, and Rules. Each local Democratic Central Committee shall also notify the Secretary within thirty (30) days of adopting any amendment to their Constitution, Bylaws, or Rules.
  2. Review – Any provision of the Constitution, Bylaws, or Rules of a local Democratic Central Committee that violates the Constitution or Bylaws of the Maryland Democratic Party shall be null and void. The Constitution, Bylaws, and Rules of each local Democratic Central Committee are deemed to not violate the Constitution or Bylaws of the Maryland Democratic Party unless each of the following steps takes place:
  1.  A request for a review is filed with the Secretary by a member of the Executive Committee and the local Democratic Central Committee is notified.
  2.  The Rules committee reviews the challenged provision(s) and forwards its recommendations to the Executive Committee and the local Democratic Central Committee. (At least a week before the Rules Committee conducts any review of challenged provision(s), the local Democratic Central Committee must receive notice of the meeting.)
  3.  The Executive Committee determines that the challenged provision(s) violates a specific provision(s) of the Constitution or Bylaws of the State Democratic Party. (At least a week before any review takes place by the Executive Committee, the local Democratic Central Committee must receive a copy of the recommendations of the Rules Committee and must receive notification of the meeting of the Executive Committee.)
  4.  The local Democratic Central Committee is notified of the decision of the Executive Committee.

ARTICLE X                CODE OF ETHICS

Members of the Democratic State Central Committee of Maryland shall be subject to the same substantive rules of ethical guidance as state public officials to assure that they shall at all times conduct themselves in a manner that reflects credibility upon the office that they serve, shall not use their office to gain special privileges and benefits, and shall refrain from action in their official capacities when their independence of judgment would be adversely affected by personal interests.

ARTICLE XI                ADOPTION AND AMENDMENT OF BYLAWS

  1. Adoption – These Bylaws shall become effective immediately following their adoption by an affirmative vote of two-thirds (2/3) majority of the weighted vote of the Democratic State Central Committee of Maryland present and voting. If approved, this document shall be filed with the State Administrative Board of Election Laws within ten (10) days after adoption.
  2. Amendment – These Bylaws may be amended after the introduction of a resolution stating the amendment submitted at a meeting of the Democratic State Central Committee of Maryland and adopted at the next meeting by a two-thirds (2/3) majority of the weighted vote present and voting. Any amendments shall be filed with the State Administrative Board of Election Laws within ten (10) days after adoption.


5.1 [RESERVED]


Affirmative Action[3]

        (b)(i) The National, State and Local Democratic Party organizations shall undertake affirmative action programs designed to encourage the fullest participation of all Democrats in all Party Affairs. All Party Affairs shall mean all activities of each official Party organization commencing at the lowest level and continuing up through the National Democratic Party. Such activities shall include but need not be limited to the process in which delegates are selected to the National Democratic Convention; Party officials are nominated or selected; Party policy, platforms, and rules are formulated; and regular programs of voter registration, public education and public relations. Such programs may be developed and sponsored in cooperation with the Democratic National Committee.

        (e) Each state or territorial Party may establish such procedures and structures as are necessary to ensure compliance with this Section, including procedures for review of complaints of non-compliance with this Section by any unit of the political process, including the State.

Bylaws of the Democratic Party of United States, article 2, § 11(b)(i) and (e)


Annual County Brunch

(see also Payments)

Patron [members of the Democratic Forum are entitled to]…

Benefactor [members of the Democratic Forum are entitled to]…

Sponsor [members of the Democratic Forum are entitled to]…

Policy on Democratic Forum Membership Programs,

Adopted by the Montgomery County Democratic Central Committee, February 7, 1995

Section 1. Recommendations.

        The…Annual County Brunch Committee will…submit a proposal to the Central Committee recommending the cost of the tickets for [the Annual County Brunch]… In making its recommendations, the Annual County Brunch Committee should consider keeping the tradition that Brunch volunteers for a set minimum number of hours (who are members of the Montgomery County Young Democrats) be able to purchase their tickets at cost.

Section 2. Decisions.

        After considering the recommendations of the…Annual Brunch Committee, the Central Committee will set the price of tickets for…[the] event.

Section 3. Superseded Policies.

        This policy supersedes the policy on MCDCC tickets for the Annual County Brunch adopted by the Central Committee on February 7, 1995.[7]

Policy on Spring Ball and Annual County Brunch Tickets,

Adopted by the Montgomery County Democratic Central Committee, September 20,2001


Area Coordinators[8]

        Area Coordinators shall be appointed by  and be responsible to and shall serve at the pleasure of the Montgomery County Democratic Central Committee and shall be responsible for coordinating the activities of no less than five and no more than ten precincts. Area Coordinators shall maintain regular contact with precinct officials in those precincts for which they are responsible. They will be expected to identify problem areas and coordinate activities between precincts and the Montgomery County Democratic Central Committee regarding meetings, dollar drives, general elections, and other party activities. They shall also assist in training new precinct officials and assist new officials in organizing their precincts.

Rules Governing Qualifications, Elections and Meetings of the Democratic

Precinct Officials of Montgomery County, Maryland, section B[9]

[The Labor Advisory Committee shall] assist the Central Committee Precinct Organization Committee members in terms of filling vacancies (existing and new ones)[.]

Adopted by the Montgomery County Democratic Central Committee, December 14, 1977

Any …[area] coordinator not performing the required support for all Democratic candidates or any precinct official or coordinator in violation of the precinct rules with respect to the support of all Democratic nominees in any way, with the inclusion of the defacing of the official Democratic sample Ballot, may be suspended or removed if that person is a campaign appointment,…by the chairperson or vice chairperson of the Central Committee nor the Co-Chairpersons of the Precinct Organization [Committee].

Adopted by the Montgomery County Democratic Central Committee, September 20, 1978

As an emergency measure, any member of the precinct organization committee, upon consultation with the Chairman of the Committee, may remove any…area coordinator who engages in obvious and flagrant violation of the Precinct Official’s Rules in a manner detrimental to the Democratic Party; on general election day, any member of the Central Committee may summarily remove any precinct official or area coordinator for such conduct.

Any removal shall be subject to the usual hearing procedures provided for in the Rules after the general election.

Adopted by the Montgomery County Democratic Central Committee, September 15, 1982

Section 2. Objections of Candidates: if an elected official or area coordinator raises and objection [to an application for a vacant precinct chair or vice chair position], the applicant will be entitled to meet with a review committee consisting of the Chair(s) of the Precinct Organization Committee, the Central Committee members elected from that district, the area coordinator for that precinct,, and (in the case of precinct vice chair applicants) the precinct chair of that precinct, where the applicant can answer any objections. The invitation to the applicant will include a text of the objection. The applicant may bring an advisor to the review committee meeting who may advice and/or speak on the applicant’s behalf. The objector may attend the meeting. Where the review committee overrides the objection, the candidate’s name will be submitted to the Central Committee for voting at the next Central Committee meeting. The applicant shall have the right to appeal the decision of the review committee to the Central Committee.

Section 2 of policy

adopted by the Montgomery County Democratic Central Committee, May 9, 1995[10]

A Precinct Chair or Vice Chair will be deemed to have moved out of their precinct (and therefore to have resigned) if the Central Committee receives a letter certifying that the Precinct official has moved out of their precinct signed by either (1) two District Liaisons from that district or (2) the Area Coordinator for that precinct and one District Liaison for that district. Additionally, a letter must be sent to the precinct official’s last known address in the precinct (endorsed “Do Not Forward”) and that the letter must have been returned.

Adopted by the Montgomery County Democratic Central Committee, June 9, 1998

The Assistant Secretary shall:…

        5.  see to it that the “Circulation List” (i.e., the Central Committee reviewed list of applicants for precinct chair and vice chair vacancies provided for in section I of the Policy on Filling Vacancies adopted by the Central Committee on May 9, 1995) is distributed in a timely manner to:…(d) all precinct chairs and vice chairs who area coordinator is on the Circulation List, and (e) the area coordinator responsible for any precincts on the Circulation List…

Duties of the Assistant Secretary, §5(d)-(e),

adopted by the Montgomery County Democratic Central Committee, April 13, 1999

…the long-standing practice (in accordance with section C(2)(c) of the Precinct Organization Rules) has been that precinct officials may support democratic candidates on primary election day, provided that they are not wearing their Precinct Chair, Precinct Vice Chair, or Area Coordinator pins when they campaign.

Minutes of the Montgomery County Democratic Central Committee, February 8, 2000

Section 2. Announcement of Vacancy

        When a Montgomery County Democratic seat in the Legislature becomes vacant, an announcement will:

  1. be sent by electronic mail to all the following persons that the Central Committee has an electronic mail address for:
  1. all precinct chairs, vice chairs and area coordinators…

Policy on Legislative Vacancies, § 2(a)(1),

adopted by the Montgomery County Democratic Central Committee, June 12, 2001

Section 2. Announcement of Vacancy

        When a vacancy occurs prior to the end of a Central Committee member’s term, an announcement will:

  1. be sent by electronic mail to all the following persons that the Central Committee has an electronic mail address for:
  1. all precinct chairs, vice chairs and area coordinators…

Policy on Legislative Vacancies on the Central Committee, § 2(b)(1),

adopted by the Montgomery County Democratic Central Committee, June 12, 2001

§1. Purpose.

This policy will govern reorganization of the Montgomery County Democratic Party resulting from the redistricting of the Maryland general Assembly that occurs every ten years after the national census; as well as other precinct boundary changes that take place between decennial reapportionments.[11]

§2. Implementation Date of New Legislative Districts.[12]

The Precinct Organization will remain organized under the previous election’s legislative district until the second Tuesday in August of the first year that state legislators will be elected using new districts. (For instance, since the first election of state legislators to take place after the redistricting from the 2000 census is in November 2002, the Precinct Organization would use the 1990 census legislative districts until August 8, 2002, and then switch over to the new legislative districts on August 9, 2002.)[13]

§3. Definitions.

For the purpose of this policy:

  1. “Redistricting Years” means the years specified in § 2 of this policy;
  2. “old legislative districts” means the legislative districts that were in effect before the Redistricting Year;
  3. “New legislative districts” means the legislative districts that were in effect starting with the Redistricting Year;
  4. “Precinct Organization Rules” means the “Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials of Montgomery County, Maryland”;
  5. “Permanent Chair” is a Precinct Chair who is neither a Provisional Chair or a campaign appointment chair;
  6. “Permanent Vice Chair” is a Precinct Vice Chair who is neither a Provisional Vice Chair or a campaign appointment Vice Chair.[14]

§5. Term of Office for Area Coordinators.

Area Coordinators serve at the pleasure of the Central Committee. In Redistricting Years, the term of office of all Area Coordinators will expire on the second Tuesday of August.[15] In other years, the term of office for all of the Area Coordinators in a particular legislative district will end at the start of the third regular monthly meeting of the Central Committee held after the Montgomery County Board of Elections changes the number of precincts fir that legislative district.[16]

§6. Nomination of New Area Coordinators.

  1. [17] No later than August 1 of each Redistricting Year, the members of the Central Committee will meet according to the new legislative district that each resides in and will draw up a list of persons to be nominated as Area Coordinators, effective the second Tuesday of August. The lists will designate which precincts each Area Coordinator will be responsible for coordinating. (As required by § B of the Precinct Organization Rules, each Area Coordinator is to be responsible for no fewer than five precincts and no more than ten precincts.) Each delegation should promptly send their list to the Chair of the Precinct Organization Committee, who will include them in the Circulation List for the August Central Committee meeting.[18] Precincts with no registered voters will not be assigned to any area coordinator. [19]
  2. When the Board of Elections changes the number of precincts in a legislative district in a non-Redistricting Year, no later than the week before the terms of the Area Coordinators from that district are scheduled to expire, the members of the Central Committee from that legislative district will meet to draw up a list of persons to be nominated as Area Coordinators, effective the next regular meeting of the Central Committee. The list will designate which precincts each Area Coordinator will be responsible for coordinating (As required by § B of the Precinct Organization Rules, each Area Coordinator is to be responsible for no fewer than five precincts and no more than ten precincts. Precincts with no registered voters will not be assigned to any area coordinator.) Each affected delegation should promptly send its list to the Chair of the Precinct Organization Committee, who will include the delegation’s list in the Circulation List for the next Central Committee meeting.[20]

§7. Approval of New Area Coordinators.

At the Central Committee meeting when the Area Coordinators’ positions are to expire,[21] the Central Committee will vote on the approval of the Area Coordinators as part of the normal process of approving the Circulation List.

§8. Multi-district Precincts.

If, after the Board of Elections has finalized the precinct boundaries for the next election, a precinct is split between two or more new legislative districts, the precinct will be considered 9for purposes of Party organization) to be in the district that contains most of the registered Democrats in that precinct.

Policy on Legislative Redistricting and Party Organization, §§ 1-3 and 5-8,

adopted by the Montgomery County Democratic Central Committee, May 14, 2002,

amended by the Montgomery County Democratic Central Committee, June 11, 2002,

further amended by the Montgomery County Democratic Central Committee, March 14, 2006

§1. Definitions.

§Expiration of term of office.

Each appointment of an Acting Precinct Chair or Acting Precinct Vice Chair will expire at the end of the day of the next election held in that precinct. Each appointment of an Acting Area Coordinator will expire at the end of the day of the next election held in any of the precincts within the Acting Area Coordinator’s area.

§3. Appointments by the Central Committee.

Campaign appointments may be made by the Central Committee at its last regular meeting prior to the next election. If possible, proposed campaign appointments should be included in that meeting’s Circulation List – however, campaign appointments do not have to be held over to the next meeting of the Central Committee.

§4. Appointments by the Chair of the Central Committee.

Campaign appointments may be made by the Chair of the Central Committee provided that:

  1. All of the voting Central Committee members who live in the legislative district agree to the appointment; and
  2. The appointment is made after the meeting specified in § 3 of this policy and before the next election.

§5. Notification.

The Assistant secretary will see to it that a notification of any campaign appointment is promptly made (by electronic mail) to all persons specified in § 5 of the Policy on Duties of the Assistant Secretary, adopted by the Central Committee, April 13, 1999.[22]

§13. Verification of Precinct Organization Roster.

  1. Prior to each March 1, June 1, September 1, and December 1, each District Liaison will provide each of their Area Coordinators the official list of contact information for the Area Coordinator’s precincts.
  2. Between each March 1 and 15, June 1 and 15, September 1 to 15, and December 1 to 15, each Area Coordinator will contact each of their Precinct Chairs and Vice Chairs and will verify their postal address, phone  number, and e-mail address.
  3. No later than the 17th of each of the months specified in subsection (b), each Area Coordinator will communicate that information to their District Liaison, noting particularly any changes.
  4. Promptly after the 17th of each month specified in subsection (b), each District Liaison will contact the Precinct Chairs and Vice Chairs that have not been accounted for by an Area Coordinator and the District Liaison will verify their postal address, phone number, and e-mail address.
  5. Once the verification of the District has been completed, the District Liaison shall promptly notify the Central Committee staff and the Chair of the Precinct Organization Committee of any changes.

Policy on Ballot Questions, § 13,

adopted by the Montgomery County Democratic Central Committee, November 13, 2007

Assistant Secretary of the Central Committee

(see also: Officers of the Central Committee)

Duties of the Secretary (and in the Secretary’s absence, the Assistant Secretary): The Secretary shall have charge of all books, papers, records, and other documents of the Committee, shall compile statistics and other data as may be required for the use of the members of the Committee and shall perform other duties as may be directed by the Central Committee. The Secretary shall keep the minutes of meetings of the Committee and as promptly as possible mail same to each member of the Committee. All records shall be maintained at the permanent office of the Committee.

Bylaws of the Montgomery County Democratic central Committee,

Article V, § 3

A summary of actions taken at executive sessions [of the Central Committee] shall be provided by the Secretary or Assistant secretary to each Committee member. Such summary shall be kept confidential by the Committee member and shall be available only to committee members.

Guidelines for the Meetings of the Democratic Central Committee, § II(D),

adopted by the Montgomery County Democratic Central Committee, May 6, 1975

The Chairperson, Vice Chairperson, Asst. Secretary and Comptroller are to be bonded … [as are] the Treasurer, Asst. Treasurer, Secretary and Office Secretary …

adopted by the Montgomery County Democratic Central Committee, November 19,1975

All records of the Central Committee, including financial records, are open for examination by any registered Democrat in Montgomery County during regular office hours or by appointment under the supervision of the Secretary, Assistant Secretary or Office Manager, subject only to the previously adopted exception of the membership roster of Plowman and Fisherman.[23]

Adopted by the Montgomery County Democratic Central Committee, March 23, 1977

The Assistant Secretary shall:

  1. Perform all duties customarily performed by a corresponding secretary;

  1. Promptly after the election of any officers of the Central Committee (as defined by article IV, § 1 of the Central Committee’s Bylaws), notify the State Board of Elections of the name, position, and address of that officer, as required by § 13-202(a) of the Maryland Election Code, and provide the same information to the Maryland State Democratic central Committee and to the Montgomery County Board of Elections;

  1. Promptly after the election of any voting or non-voting member to the Central Committee (other than the gubernatorial primary), notify the Maryland State Democratic Central Committee, the State Board of Elections and the Montgomery County Board of Elections of the name, seat, and address of that member;

  1. After their approval, file a copy of the minutes of the Montgomery County Democratic Central Committee with the Maryland State Democratic central Committee, as required by article IX, § 4 of the Maryland Democratic Party Bylaws;

  1. See to it that the “Circulation List” (i.e., the Central Committee reviewed list of applicants for precinct chair and vice chair vacancies provided for in section 1 of the Policy on Filling Vacancies adopted by the Central Committee on May 9, 1995) is distributed in a timely manner to: (a) all Central Committee members and all elected Democratic public office holders (elected as Democrats) representing all or part of Montgomery County, (b) the precinct chair, if any, of any precinct where a vice chair is on the Circulation List, (c) the precinct vice chair, if any, of any precinct where a vice chair is on the Circulation List, (d) all precinct chairs and vice chairs whose area coordinator is on the Circulation List, and (e) the area coordinator responsible for any precincts on the Circulation List. When practical, the circulation list will be distributed by electronic mail.

  1. See to it that the bulletin boards in the County Democratic Party Headquarters are properly maintained including the material required to be posted in accordance with the policies adopted by the Central Committee adopted on August 27, 1975 (information on presidential candidates) and June 9, 1998 (lists of precincts accepting advertisements in their newsletters);

  1. See to it that the official calendar is posted in a prominent place in the County Democratic Party Headquarters and coordinate with the Chair of the Newsletter Committee and the Editor of the Montgomery County Democratic Party World Wide Web site to try to insure that all three calendars are synchronized;

  1. Maintain the plaque(s) of winners of the Rosalie Reilly, Democrat of the Year, Morgan-Jerney, and Dean-Peacock Awards and see to it that it is prominently displayed in the County Democratic Party Headquarters, as required by the policy adopted by the Democratic Central Committee on April 12, 1989, and similarly maintain plaque(s) for the Kelsey Cooke Award and Lucille Maurer Award and maintain the Kominers Cup; and

  1. Notify the Montgomery County Board of Elections the names and addresses of the district liaisons and the Chair of the Elections Procedures Committee, each time any of those positions are newly filled, and request that the Board of Elections notify the Chair of the Elections Procedures Committee and the appropriate district liaison each time that the Board or its staff is studying a change of precinct boundaries, voting locations, permissible campaigning locations at a polling site, or any similar issue.

  1. Provide the Montgomery County Board of Elections with a copy of the precinct directory produced annually for the Precinct Organization in accordance with § 1 of the Policy Regarding Release of Data, adopted by the Central Committee on May 12, 1998; and also notify the Montgomery County Board of Elections when a vacancy is filled or created in the Precinct Organization.

Adopted by the Montgomery County Democratic Central Committee, April 13, 1999,

and amended by the Montgomery County Democratic Central Committee, October 8, 2002[24]

The Assistant Secretary will collect all ballots [for the election of the Central Committee’s nominees to the County Council Redistricting Commission] and the Secretary and Assistant Secretary will tally the ballots. Each candidate may designate one observer to watch over the tallying of ballots. Proxies must be presented to the Secretary before any ballots are put into the ballot box.

Procedures for Selecting the Central Committee’s Nominees to the

County Council Redistricting Commission, § [9],

adopted by the Montgomery County Democratic Central Committee, November 14, 2000

Section 5. Manner of filling vacancies.

        At the meeting [of the Central Committee] to fill the vacancy [in the State Legislature],…

        (g) the Secretary and Assistant Secretary will count the ballots;

Policy on Legislative Vacancies, § 5(g),

adopted by the Montgomery County Democratic Central Committee, June 12, 2001

Section 4. Manner of filling vacancies.

        At the meeting to fill … [a Central Committee] vacancy,

        …

        (f) the Assistant Secretary will collect all ballots in a ballot box;[25]

        (g) the Secretary and Assistant Secretary will count the ballots …

Policy on Vacancies on the Central Committee, § 4(f), (g),

adopted by the Montgomery County Democratic Central Committee, June 12, 2001,

and amended by the Montgomery County Democratic Central Committee, November 13, 2007

§ 1. Definitions.

        “Campaign appointments” are appointments of Acting Area Coordinators, Acting Precinct Chairs, and Acting Precinct Vice Chairs.

        “Next Election” is the next general election, primary election, special general election, or special primary election. “Next election” does not include precinct chair and vice chair elections held under § D of the Precinct Organization Rules.

§ 5. Notification.

        The Assistant Secretary will see to it that a notification of any campaign appointment is promptly made (by electronic mail) to all persons specified in § 5 of the Policy on Duties of the Assistant Secretary, adopted by the Central Committee, April 13, 1999.[26]

Policy on Campaign Appointments, §§ 1 and 5,

adopted by the Montgomery County Democratic Central Committee, August 13, 2002

§ 7. Communication to State Party.

        The Montgomery County Democratic Central Committee will designate one person to notify the Chairman of the Maryland State Democratic Party of its decisions. The Chairman of the State Party must be notified no later than September 15. In the event that the County Central Committee does not designate a person to notify the State Chairman, the Assistant Secretary shall be responsible for notifying the State Chairman.

Policy on Presidential Electors, § 7,

adopted by the Montgomery County Democratic Central Committee, June 8, 2004


Assistant Treasurer of the Central Committee

(see also: Officers of the Central Committee) 

Duties of the Treasurer (and in the Treasurer’s absence, the Assistant Treasurer): The Treasurer shall keep accounts of all monies the [Central] Committee receives and disburses and shall deposit all monies and valuables in the name of and to the credit of the Committee in such banks and depositories as the Committee shall designate by appropriate resolution. The Treasurer shall provide a surety bond in the amount of not less than five thousand dollars ($5,000), the cost of the bond to be borne by the Committee. The Treasurer shall submit a financial report at all regular meetings of the Committee. The Treasurer shall prepare and present an annual budget to the Committee. All expenditures shall be authorized by the Treasurer and shall be paid upon presentation of receipted bills or vouchers.

Bylaws of the Montgomery County Democratic Central Committee,

article V, § 4

The Treasurer of the Central Committee (with the assistance of the Assistant Treasurer of the Central Committee) will compile an annual Dollars Drive accounting report that will be presented to the Central Committee at its regular August meeting. The annual report will indicate how much money (net) was raised by each precinct in the Dollars Drive, how much money was allocated to each precinct as a result of the money that they raised in the Dollars Drive, and how much money is in each precinct’s account in the Precinct Operations Account (formerly the Precinct Trust Fund). The report will also indicate which precinct raised the largest amount of money (net) in the Dollars Drive and which precinct raised the largest amount of money (net) per registered Democratic voter in the Dollars Drive.

Dollar Drive Accounting Policy, § 2,

Adopted by the Montgomery County Democratic Central Committee, March 11, 2003


Attendance at Central Committee Meetings[27]

A Member [of the State Central Committee] shall be declared to have resigned by the Secretary of the State Central Committee if (a) the Member’s local Democratic Central Committee has adopted a rule setting minimum attendance standards at local and/or State Central Committee meetings including a method of certifying Members’ attendance and (b) the Member is certified to the Secretary in accordance with the local Central Committee’s rules to have violate that attendance rule. Such Members may appeal their removal to the State Central Committee following the procedure set forth in section 6, provided that the appeal may only be made on the question of whether the local central committee’s rules have been violated.

Maryland State Democratic Party Bylaws, article III, § 5(B)(3)

… The student members of the Central Committee are … subject to all the same responsibilities as voting members of the Central Committee, except that they … are not required to attend the meetings of the Maryland State Democratic Central Committee.

Montgomery County Democratic Central Committee Bylaws, article IX

Any [voting or non-voting] member of the Central Committee who fails to attend (for whatever reason) a majority of the [County and State] Central Committee meetings during a twelve month period will be deemed to have resigned and their resignation automatically accepted. Submission of a proxy does not constitute attendance for these purposes.

Montgomery County Democratic Central Committee Bylaws, article XII, § 1

Telephone participation: For purposes of section 1, a member of the Central Committee who participates in substantially an entire Central Committee meeting by telephone, shall be deemed to have attended such a meeting. A member of the Central Committee may use this provision no more than twice during a 12-month period. The Central Committee may, by rule,

  1. Define what constitutes “participates in substantially an entire Central Committee meeting”
  2. Provide that this section may only be used by a member of the Central Committee who is unable to attend the meeting in person because of one or more specified reason
  3. Require that the Central Committee be reimbursed for telephone costs
  4. Specify a minimum distance from the meeting that a member must be in order to use this section
  5. Specify methods (in addition to Article VII, section 6 of these Bylaws) whereby a member of the committee participating by telephone may vote.

Montgomery County Democratic Central Committee Bylaws, article XII, § 4

The Secretary of the Montgomery County Democratic Central Committee is to perform the certifications required by Article III(5)(B)(3) [of the Maryland Democratic Party Bylaws] for Montgomery County. The Secretary of the County Central Committee is not to provide any certifications to the secretary of the State Central Committee between June 9, 1998, and September 15, 1998.

Adopted by the Montgomery County Democratic Central Committee, June 9, 1998

The Central Committee attendance rules apply to any twelve consecutive months that a person is a member of the central Committee, even if a central Committee election occurs during that twelve month period.

Adopted by the Montgomery County Democratic Central Committee, January 12, 1999

Any student member of the Central Committee who fails to attend (for whatever reason) a majority of the Montgomery County Democratic Central Committee meetings (held in Montgomery County) during a six month period, will be deemed to have resigned and their resignation automatically accepted. Submission of a proxy or participation in a meeting by telephone does not constitute attendance for these purposes.

Policy on Student Membership on the Central Committee, § 4,

adopted by the Montgomery County Democratic Central Committee, July 13, 1999, and

amended by the Montgomery County Democratic Central Committee December 13, 2005[28]

The Chair of the Central will organize and convene at least one meeting of Liaison II every calendar year. For purposes of Article XII of the Bylaws of the Central Committee, meetings of Liaison II (after September 12, 2006) will be treated as if they were meetings of the Central Committee.

Policy on Liaison I, Liaison II, and District Meetings, § 3,

adopted by the Montgomery County Democratic Central Committee, April 11, 2006


Audits

An annual audit shall be conducted by an accountant who is not a member of the [Central] committee. The results of this audit shall be available at the June meeting of the committee.

Bylaws of the Montgomery County Democratic Central Committee, article VI, § 2

The precinct officials of each state senatorial district will meet at least once each year and elect one of their members to serve as a member of the Precinct Operations Account Audit Committee. Each precinct will have an entry in the Precinct Operations Account. The Montgomery County Democratic Central Committee will maintain all account records and file all legally required reports. The Precinct Operations Account Audit Committee will have access to all records concerning the Operations Account. Money in each precinct’s entry in the Precinct Operations Account may be spent only for: (1) education and communication with voters in the precinct; (2) the precinct’s fund raising for the Montgomery County Democratic Party; (3) support of Democratic candidates in general elections; or (4) events sponsored by the Montgomery County Democratic Central Committee. All expenses must be documented by a written receipt and expenditure approved by the Precinct Chairperson (in writing) and submitted to the Treasurer of the Central Committee. No person may incur a debt on behalf of the Central  Committee without the approval of the Central Committee (or by approval of officials authorized by the Central Committee). A reserve of the lesser of:

  1. $5,000; or
  2. The total of all the entries in the Precinct Operations Account

will be maintained by the Central Committee to pay all of the expenditures authorized by this subsection.

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials

of Montgomery County, Maryland, § C(4)


Awards

(see also: Dollars Drive; and Spring Ball: Awards)

A plaque [is to] be inscribed, “MCDCC Wall of Fame”, … the first tab on the plaque [is to] be inscribed “Vote No Coalition 2004-2005”, and that the plaque [is to] be kept in the Central Committee office.

Adopted by the Montgomery County Democratic Central Committee, April 12, 2005


Ballot Inspections

Prior to every primary and general election, the Executive Committee of the Central Committee (or the Executive Committee’s representative) will inspect the proposed ballot faces prepared by the Montgomery County Board of Elections, as soon as the ballot faces are available for public inspection. If, in the opinion of the Executive Committee, the ballots should be challenged, the Executive Committee may make such a challenge on behalf of the central Committee. The Central Committee reserves the right to modify any position taken on its behalf.

Adopted by the Montgomery County Democratic Central Committee, October 8, 2002


Ballot Questions[29]

A two thirds majority of those [Central Committee members] voting shall be required for adoption of the official Democratic Party positions on ballot questions and marking of the official sample ballot.

Montgomery County Democratic Central Committee Bylaws, article VII, § 8

(d) Marking of Official Ballots on All Matters Other Than Candidates –

  1. Questions on official Democratic ballots may not be marked in a discretionary manner. All ballots shall be marked in accordance with the official Montgomery County Democratic Party position adopted by the Montgomery County Democratic Central Committee. The official position shall be determined only after positions on each question shall have been voted upon at a regular or special meeting of the Precinct Chairpersons, Vice Chairpersons and Area Coordinators (i.e., the Precinct Organization) having on its agenda the discussion of such markings. A meeting of the Montgomery County Democratic Central Committee shall convene ten minutes after the adjournment of the Precinct Organization meeting. The meeting of the Central Committee will be held in public session for the purpose of adopting the Party position on ballot questions. If the Central Committee adopts a recommendation of the Precinct Organization, that position will be the position of the Party on that ballot question. If the Central Committee fails to adopt a recommendation of the Precinct Organization, the Party will be neutral on that ballot question. No resource of the Party (or any of its components) may be used to compile or distribute material or information on ballot questions contrary to the position of the Party.

  1. Not less than three months prior to consideration of ballot questions by Precinct Chairpersons, Vice Chairpersons, and Area Coordinators, the Democratic Central Committee shall, by resolution, establish a committee to report to the Precinct Chairpersons, Vice Chairpersons, and Area Coordinators on the ballot question(s) and shall give notice of the committee to interested Democrats. Applications for positions on the committee shall be sought, and the Democratic central Committee shall name the committee not less than two months prior to consideration of ballot questions by Precinct Chairpersons, Vice Chairpersons, and Area Coordinators. Any Democrat registered in the county may serve on the committee, but a majority of the members shall be from the membership of the precinct organization. In selecting the committee, the Democratic Central Committee shall strive for a geographical and ideological balance. The report of the committee shall include a detailed, objective description of each question and arguments for, against, and for no position on each question made by members of the committee or by people generally known to the Precinct Chairpersons, Vice Chairpersons, and Area Coordinators. The committee’s report shall be mailed so as to reach the Precinct Chairpersons, Vice Chairpersons, and Area Coordinators not less than two weeks prior to the meeting at which the ballot questions appear on the agenda.

Rules Governing Qualifications, Elections and Meetings of Democratic

Precinct Officials of Montgomery County, Maryland, § E(2)(d)(i)-(ii)

Policy on Ballot Questions

§ 1. Purpose.

The purpose of this policy is to set out the procedures for taking positions on ballot questions by the Montgomery County Democratic Party.

§ 2. Reserved.

§ 3. Solicitation for Advisory Committee members.

The April and May issues  of The Montgomery Democrat will (in each even-numbered year) contain a notice inviting any interested Democrat to apply for a seat on the Ballot Questions Advisory Committee. To apply, each applicant must submit a resume and a cover letter to the Central Committee, which must be received no later than 5 p.m. on the Friday before the second Tuesday in May. The resume should include the applicant’s involvement in campaigns, community, and the Democratic Party. The cover letter should include a statement as to why the applicant wants to be on the Advisory Committee.

§ 4. Selection of Advisory Committee members.

At the regular May meeting of the Central Committee (in each even numbered year), the Central Committee will select the members of the Ballot Questions Advisory Committee. In accordance with § E(2)(d)(ii) of the Precinct Organization Rules, at least half the Advisory Committee must  be members of the Precinct Organization (i.e., Precinct Chairpersons, Vice Chairpersons, and Area Coordinators).  In addition, the Central Committee will strive for ethnic, geographic and ideological balance within the membership of the Advisory Committee.

§ 5. Identification of Judges subject to ballot questions.

No later than August 1 of each even numbered year, the Chair of the Ballot Questions Advisory Committee (unless the Chair of the Central Committee designates someone other person) will contact the Maryland Administrative Office of the Courts and inquire as to which judges will be on the November ballot for retention as a judge of the court. Each judge identified by the Administrative Office will be notified that the Montgomery County Democratic Party traditionally takes a position on those ballot questions and will invite each judge to provide material for consideration of the Party relevant to their being retained on the court.

§ 6. Identification of State Constitutional Amendments and Referenda.

No later than August 1 of each even numbered year, the Chair of the Ballot Questions Advisory Committee shall compile a list of State Constitutional Amendments approved by the General assembly since the last General Election. (Such information is normally available on the “Bills Signed and Vetoed” lists on the Web site of the Maryland General assembly (under the category: “Pursuant to Article XIV, Section 1, of the Maryland Constitution, the following constitutional amendments have been assigned Chapter numbers”). The Chair of the Ballot Questions Advisory Committee will verify these ballot questions and any other state ballot questions with the Maryland Board of Elections.

§ 7. Identification of County Ballot Questions.

No later than August 15 of each even numbered year, the Chair of the Ballot Questions Advisory Committee shall consult with the Montgomery County Council to determine what ballot questions have been certified by the Council for the General Election.

§ 8. Hearing and other input opportunities.

  1. No later than the second Tuesday of July of each even numbered year, the Ballot Questions Advisory Committee will schedule (for late August or early September) a public hearing on the ballot questions. Notice of the hearing will (1) appear in the August issue of The Montgomery Democrat; (2) appear on the County Democratic Party’s Web site; (3) be sent by electronic mail to all members of the Precinct Organization and all persons designated in § 10 of this policy, for whom the County Democratic Party has an electronic mail address; and (4) be sent to local news media.
  2. In addition to the hearing, Democrats may provide input to the Ballot Questions Advisory Committee by postal mail or by electronic mail or by speaking with individual members of the Committee.

§ 9. Meetings of the Precinct Organization and Central Committee.

No later than the second Tuesday in August of each even numbered year, the Chair of the Central Committee (in consultation with the Chair of the Ballot Questions Advisory Committee) will schedule the meetings of the Precinct Organization and the Central Committee (provided for in § E(2)(d)(i) of the Precinct Organization Rules) for the purpose of determining the County Democratic Party’s position on each ballot question. Such meeting shall not be held on the same day as the election of Central Committee officers provided for in Article IV, § 2, of the Central Committee Bylaws. Notice of the meetings to determine the County Democratic Party’s position on ballot questions will also be sent by electronic mail to all members of the Precinct Organization and all persons designated in § 10 of this policy, for whom the County Democratic Party has an electronic mail address. The notice to the presidents of chartered Democratic organizations will also invite the organizations to hold meetings (between the receipt of the Report of the Ballot Questions Advisory Committee on the holding of the meetings of the Precinct Organization and the Central Committee) to discuss the ballot questions. Notice of the meetings, to the extent practical, will be published in The Montgomery Democrat and on the County Democratic Party’s Web site.

§ 10. Report of the Ballot Questions Advisory Committee.

The content and distribution of the report of the Ballot Questions Advisory Committee shall be in accordance with § E(2)(d) of the Precinct Organization Rules. Addionally, copies of the report of the Advisory Committee will also be sent to all members of the Central Committee; the presidents of all chartered Democratic organizations; and all elected public officials representing all or part of Montgomery County who were elected as Democrats.

§ 11. Conduct of the Precinct Organization meeting.

  1. At the Precinct Organization meeting to consider the ballot questions, the Ballot Questions Advisory Committee will present each position on each ballot question individually, explain the question and then explain the Committee’s recommendation. After the Committee has presented its position on the ballot question, the Precinct Organization will discuss the ballot question in accordance with § E(1)(j) of the Precinct Organization Rules – the motion on the floor being adoption of the Advisory Committee’s recommendation on the particular ballot question.
  2. At the conclusion of the debate, if the motion to adopt the Advisory Committee’s recommendation is adopted, that recommendation shall be the position of the Precinct Organization for that ballot question. If the motion to adopt the Advisory Committee’s recommendation fails, other motions related to the Precinct Organization’s position on the ballot question will be in order.
  3. Once the Precinct Organization’s consideration of ballot question is completed, it shall move on to the next ballot question, in the manner specified in § 11(a) and (b) of this Policy.

§ 12. Conduct of the Central Committee meeting.

  1. At the Central Committee meeting to consider the ballot questions, the recommendations from the Precinct Organization shall be presented to the Committee, and the motion on the floor shall be adoption of the Precinct Organization’s recommendations. At the request of any member of the Central Committee, the motion may be separated into two or more motions to adopt the recommendations of the Precinct Organization.
  2. At the conclusion of the debate, if the motion to adopt the Precinct Organization’s recommendation is adopted, that recommendation shall be the position of the Montgomery County Democratic Party for that ballot question(s). If the motion to adopt the Precinct Organization’s recommendation fails, the Party shall take no position on that ballot question(s).

§ 13. Verification of Precinct Organization roster.

  1. Prior to each March 1, June 1, September 1, and December 1, each District Liaison will provide each of their Area Coordinators the official list of contact information for the Area Coordinator’s precincts.
  2. Between each March 1 and 15, June 1 and 15, September 1 to 15, and December 1 to 15, each Area Coordinator will contact each of their Precinct Chairs and Vice Chairs and will verify their postal address, phone  number, and e-mail address.
  3. No later than the 17th of each of the months specified in subsection (b), each Area Coordinator will communicate that information to their District Liaison, noting particularly any changes.
  4. Promptly after the 17th of each month specified in subsection (b), each District Liaison will contact the Precinct Chairs and Vice Chairs that have not been accounted for by an Area Coordinator and the District Liaison will verify their postal address, phone number, and e-mail address.
  5. Once the verification of the District has been completed, the District Liaison shall promptly notify the Central Committee staff and the Chair of the Precinct Organization Committee of any changes.

§ 14. Superseded policies.

This policy supersedes the policy on Central Committee consideration of ballot questions (adopted by the Central Committee, October 6, 1994).[30]

Policy on Ballot Questions,

adopted by the Montgomery County Democratic Central Committee, November 13, 2007


Bereavements and Recognitions

Policy on Expressions of Sympathy and Recognitions of Achievements[31]

Section 1. Bereavements

  1. In the event that the Montgomery County Democratic Headquarters learns of the death of any current:

   or of any former long-term member of the Precinct Organization;

  1. A letter (or card) of sympathy from the Chair and Vice Chair of the Central Committee, on behalf [o]f the Party and the Central Committee, will be sent to the decedent’s family,

  1. Notices will be published in The Montgomery Democrat and on the Party’s Web site, and

  1. The decedent’s name will be published in the “In Memoriam” section of the Spring Ball booklet.

  1. In the event that (after the Secretary has compiled a list of the winners of the following awards[32]) the Montgomery County Democratic Headquarters learns of the death of any or of any current or former winner of the:

  1. A letter (or card) of sympathy from the Chair and Vice Chair of the Central Committee, on behalf of the Party and the Central Committee, will be sent to the decedent’s family,

  1. Notices will be published in The Montgomery Democrat and on the Party’s Web site, and

  1. The decedent’s name will be published in the “In Memoriam” section of the Spring Ball booklet.

  1. In the event that the Montgomery County Democratic Headquarters learn of the death of a:

        of any person listed in section 1(a) or (b):

  1. A letter (or card) of sympathy from the Chair and Vice Chair of the Central Committee, on behalf of the Party and the Central Committee, will be sent to the decedent’s family, and

  1. Notices will be published in The Montgomery Democrat and on the Party’s Web site.

  1. In the event that the Montgomery County Democratic Headquarters learn of the serious illness of the persons listed in section 1(a), (b), or (c):

  1. A letter (or card) of sympathy from the Chair and Vice Chair of the Central Committee, on behalf of the Party and the Central Committee, will be sent to the person, and

  1. Notices will be published in The Montgomery Democrat and on the Party’s Web site.

Section 2. Congratulations

  1. In the event that the Montgomery County Democratic Headquarters learns that any person listed in section 1(a), (b), or (c) has given birth, gotten married, or received a degree, notices will be published in The Montgomery Democrat and on the Party’s Web site.

  1. In the event that the Montgomery County Democratic Headquarters learns that any person listed in section 1(a) or (b) has received a significant award, notices will be published in The Montgomery Democrat and on the Party’s Web site.

Section 3. Retirements

In the event that any person listed in section (a) retires from political office:

  1. A letter from the Chair and Vice Chair of the Central Committee, on behalf of the Party and the Central Committee, expressing thanks for services rendered will be sent to the retiree, and

  1. Notices will be published in The Montgomery Democrat and on the Party’s Web site.

Section 4. Extraordinary cases

Expressions of sympathy and recognitions of achievements, not otherwise authorized by the policy, requiring the expenditure of funds, may be made on behalf of:

only if specifically authorized by the Central Committee. The Central Committee will consider proposals authorizing expressions of sympathy and recognitions of achievements, not otherwise authorized by this policy, only if they are submitted at a regular meeting of the Central Committee and acted upon at the next meeting of the Central Committee.

Section 6[33]. Sunshine Committee

The Chair of the Central Committee shall appoint a Sunshine Committee. The Sunshine Committee will (a) monitor local newspapers and other publications to attempt to identify individuals and events that should be recognized under this policy and (b) otherwise assist in the administration of this policy.

Section 7. Previous Policies

This policy supersedes the bereavements/memorials policies adopted by the Central Committee on January 5, 1972, and on April 14, 1982.[34]

Adopted by the Montgomery County Democratic Central Committee, September 14, 1999


Board of Elections of Montgomery County[35]

(see also: Candidate Vacancies; and Election Judges)

  1. Filling Seats on the Board

        (g)(1) The Governor shall request the county central committee representing the majority party or the principal minority party, as appropriate, to submit a list of at least four eligible individuals from which the Governor may make an appointment of a regular member or a substitute member of the local board.

        (2) The Governor may reject all the nominees if the Governor determines them to be unfit or incompetent, in which case the Governor shall notify the State Board in writing and request an additional list of at least four eligible nominees from the county central committee. A third list may be requested in the same manner.

        (3) If a list containing the names of four eligible nominees is not submitted within 20 days of a request of if all the nominees on three lists are rejected, the Governor may appoint any eligible person who is a member of the appropriate political party.

        (4) (i) … each appointment shall be subject to confirmation by the Senate of Maryland.

              (ii) …

              (iii) If an appointee is rejected, the Governor shall make another appointment from the list or lists submitted under paragraphs (1) and (2) of this subsection. If a list is not provided, or the nominees on the three lists are rejected, the Governor may appoint and eligible individual as provided in paragraph (3) of this subsection.

Maryland Code (Election Law) § 2-201(g) [2007]

A regulated lobbyist may not:

   (14) if serving on the State or local central committee of a political party, participate:

        (iii) in actions related to filling a vacancy in a public office.

Maryland Code (State Government) § 15-713(14)(iii) [2002]

4. [36] After the executive session (if any), and after any further discussion in public session, the Central Committee will proceed to vote on the candidates [to be nominated for seats on the Board of Elections]. Voting will by secret ballot. Each candidate may designate one observer to watch the counting of ballots. Proxies are to be presented to the Secretary before any ballots are to be put into the ballot box.[37]

5. Each member of the Central Committee may vote for up to three candidates and must indicate the candidates in priority order (i.e., first choice, second choice, and third choice). When the votes are tallied, each “first choice” vote will count as three votes, each “second choice” vote will count as two votes, and each “third choice” vote will count as one vote.[38],[39]

6. The candidates who receive first and second highest vote tallies will be declared the Central Committee’s recommended nominees for the two majority party voting seats on the Board of Elections. The candidate who receives the third highest vote tally will be declared the Central Committee’s recommended nominee for the majority party substitute member seat on the Board of Elections.[40] Only one ballot will be conducted. An absolute majority is not needed to be a recommended nominee.[41]

7. Once the recommended nominees have been chosen, the Chair will recognize any motions concerning transmittal of the names of the nominees to the Governor.

Procedure for Selecting Nominees to the Montgomery County Board of Supervisors of Elections,

adopted by the Montgomery County Democratic Central Committee, December 8, 1998

2. Communications with the Board

Who may vote – Only those persons whose names appear as registered Democrats on the registration list, or persons whose names are verified as registered Democrats in that precinct by the Office of the Board of Supervisors of Elections[42], shall be entitled to vote [in precinct chair and vice chair elections]. The Democratic Central Committee shall request that the Office of the Board of Supervisors of Elections be open on the night of the general precinct elections in order that a name may be verified, should it not appear on the list.

Rules Governing Qualifications, Elections and Meetings of

Democratic Precinct Officials of Montgomery County Maryland, section D(2)(d)

The Assistant Secretary shall:

  1. promptly after the election of any of the officers of the Central Committee (as defined by article IV, § 1 of the Central Committee’s Bylaws), notify the State Board of Elections of the name, position, and address of that officer, as required by § 13-202(a) of the Maryland Election Code, and provide the same information to the Maryland State Democratic Central Committee and to the Montgomery County Board of Elections;

  1. promptly after the election of any voting or non-voting member to the Central Committee (other than the gubernatorial primary), notify the Maryland State Democratic Central Committee, the State Board of Elections and the Montgomery County Board of Elections of the name, seat, and address of that member;

  1. Notify the Montgomery County Board of Elections the names and addresses of the district liaisons and the Chair of the Elections Procedures Committee, each time any of those positions are newly filled, and request that the Board of Elections notify the Chair of the Elections Procedures Committee and the appropriate district liaison each time that the Board or its staff is studying a change of precinct boundaries, voting locations, permissible campaigning locations at a polling site, or any similar issue.

  1. Provide the Montgomery County Board of Elections with a copy of the precinct directory produced annually for the Precinct Organization in accordance with § 1 of the Policy Regarding Release of Data, adopted by the Central Committee on May 12, 1998; and also notify the Montgomery County Board of Elections when a vacancy is filled or created in the Precinct Organization.

Adopted by the Montgomery County Democratic Central Committee, April 13, 1999

3. Certification of Central Committee Elections

  1. Following the certification of the primary election returns by the board responsible for the certification of the results of that election, that board shall issue a certificate of election to:

        2) each candidate to a party central committee who is certified by the local board to have been elected to that position.

Maryland Code (Elections Law) § 5-705(c)(2) [2002]


Bonding Requirements

The treasurer shall provide a surety bond in the amount of not less than five thousand dollars ($5,000), the cost of the bond to be borne by the Committee.

Montgomery County Democratic Central Committee Bylaws, article V, § 4

The Chairperson, Vice Chairperson, Assistant Secretary and Controller are to be bonded … [as are] the Treasurer, Assistant Treasurer, Secretary and Office Secretary …

Adopted by the Montgomery County Democratic Central Committee, November 19, 1975


Bulletin Boards

[There is to be] a bulletin board [in the Central Committee office] showing [current Democratic presidential] candidates, information about their campaign committees, and the Central Committee liaisons … [The Central Committee will also have] one type of literature for each candidate.

Adopted by the Montgomery County Democratic Central Committee, August 27, 1975

Precinct chairs may accept advertisements for Democratic primary or general election candidates in precinct newsletters provided that: (1) all candidates are charged the same rate for the newsletter, (2) all such advertisements must be clearly labeled as paid advertisements (having a “by authority of” line is not sufficient), (3) somewhere in the newsletter, there must be a list of all the Democratic candidates running for office that was featured in the advertisement, and (4) the Treasurer of the Central Committee must be notified in advance that the precinct will be accepting advertisements. A list of all precincts accepting advertisements shall be posted on a bulletin board in a prominent place in the Party Headquarters and the information shall also be included in the Party’s Web site.

Adopted by the Montgomery County Democratic Central Committee, June 9, 1998

The Assistant Secretary shall:

  1. See to it that the bulletin boards in the County Democratic Party Headquarters are properly maintained including the material required to be posted in accordance with the policies adopted by the Central Committee adopted on August 27, 1975 (information on presidential candidates) and June 9, 1998 (lists of precincts accepting advertisements in their newsletters);

Policy on the Duties of the Assistant Secretary, § 6,

adopted by the Montgomery County Democratic Central Committee, April 13, 1999


Calendar

The Assistant Secretary shall:

  1. See to it that the official calendar is posted in a prominent place in the County Democratic Party Headquarters and coordinate with the Chair of the Newsletter Committee and the Editor of the Montgomery County Democratic Party World Wide Web site to try to insure that all three calendars are synchronized;

Policy on the Duties of the Assistant Secretary, § 7,

adopted by the Montgomery County Democratic Central Committee, April 13, 1999


Candidate Vacancies (& Primary Election Ties)

(see also: Special Elections)

No Democrat files for a particular office

  1. This section does not apply to a vacancy in nomination in the office of a Governor and Lieutenant Governor unit.

  1. This section applies to a vacancy in candidacy for a primary election that occurs because no candidate for the political party files a certificate of candidacy for the election.

  1. (1) Except for a vacancy in candidacy for the election of a member of the Senate of Maryland of the House of Delegates as provided in paragraph (2) of this subsection, the vacancy in candidacy for a political party that is entitled to have a candidate on the ballot for an office elected by the voters of more than one county shall be filled by the State central committee or governing body of that political party.

(2) (i) In a State legislative district or State delegate district comprising more than one county, a vacancy in candidacy for a political party that is entitled to have a candidate  on the ballot shall be filled by a vote of the central committee in the counties in the district.

(ii) In filling the vacancy in candidacy under subparagraph (i) of this paragraph, the central committee of each county where the vacancy occurs shall cast a vote proportionate to its share of the population of the district as reported in the most recent decennial census of the United States.

(iii) If no person receives a majority of the votes cast under subparagraph (ii) of this paragraph, or if there is a tie vote by the central committees, the vacancy in candidacy shall be filled by the State central committee of the political party.

  1. For any public or party office not describe in subsection (c) of this section, a vacancy in candidacy under this section shall be filled by the central committee of the political party in that county.

  1.  A central committee authorized to fill a vacancy in candidacy for an office under this section shall file a certificate of designation of candidacy with the appropriate board designated to receive the certificate of candidacy for that office by the fifth day after the date on which a candidate may withdraw a certificate of candidacy before the primary election.

  1. The individual designated by a central committee under subsection (e) of this section to fill a vacancy shall file a certificate of candidacy in accordance with Subtitle 3 of this title with the appropriate board by the date specified for the applicable central committee to file a certificate of designation under subsection (e) of this section.

Maryland Elections Code, § 5-901 [2002]


Candidate for Governor, dies, withdraws, or is disqualified

  1. If only a single Governor and Lieutenant Governor unit files for the nomination of a political party, and the candidate for governor dies, withdraws the candidacy, or is disqualified for any reason after the filing deadline specified under § 5-303 of this article, the remaining candidate for Lieutenant Governor is disqualified.

  1. (1) In the event of a vacancy in nomination under subsection (a) of this section, the State central committee of the political party to which the candidates belong shall select a successor candidate for Governor.

(2) The State central committee shall make its selection by the 10th day following the death, withdrawal, or disqualification of the gubernatorial candidate.

(3) The candidate disqualified for the office of Lieutenant Governor under subsection (a) of this section is eligible to be chosen as the successor candidate for Governor.

  1. (1) The successor candidate for Governor selected by the State central committee under subsection (b) of this section promptly shall select a successor candidate for Lieutenant Governor.

(2) If the former candidate for Lieutenant Governor is not selected as the successor candidate for Governor, that individual is eligible to be selected again as the candidate for Lieutenant Governor.

  1. By the deadline date specified under subsection (b)(2) of this section, for the selection of the successor candidate for Governor by the appropriate State central committee, in accordance with Subtitle 3 of this title:

  1. The state central committee making the selection shall file a certificate of designation for those offices with the State Board for:

  1. Its successor candidate for Governor; and

  1. The successor candidate for Lieutenant Governor designated under subsection (c)(1) of this section; and

  1. The successor candidates for Governor and Lieutenant Governor each shall file a certificate of candidacy for those offices with the State Board.

Maryland Election Code, § 5-905 [2002]


Nominee for State-wide office dies, withdraws or is disqualified

  1. This section applies only to a nominee for statewide office, except for a Governor and Lieutenant Governor unit.

  1. (1) A vacancy in nomination that occurs because a nominee dies, declines nomination, or is disqualified for any cause shall be filled by the State central committee of the political party to which the nominee belongs.

(2) By the later of the fortieth day before the general election or the fifth day following the death, declination, or disqualification of the former nominee:

  1. The State central committee shall file a certificate of designation for the nominee with the state board; and

  1. The successor nominee designated by the State central committee under subparagraph (i) of this paragraph shall file a certificate of candidacy with the State Board.

Maryland Election Code, § 5-1002 [2002]

Nominee in multi-county district dies, withdraws or is disqualified

  1. This section applies to a vacancy in nomination for Representative in Congress, State Senator, or member of the House of Delegates, if the district includes more than one county.
  2. (1) A vacancy in nomination under this section that occurs because the nominee dies, withdraws the candidacy, or is disqualified for any reason shall be filled by:

    (i) a vote of the central committees of the political party in each of the counties included in the district of that nominee; or

    (ii) a State central committee for a nonprincipal political party that does not have local central committees.

    (2) The central committee of each county shall cast a vote that is proportionate to its share of the population in that district as reported in the most recent decennial census of the United States and promptly notify its State central committee of the results of its vote.

    (3) (i) If no person receives a majority of the votes cast under paragraph (2) of this subsection, or if there is a tie vote by the central committees, the vacancy in nomination shall be filled by the State central committee.

    (ii) In the event of a tie vote, the nominee selected by the State central committee shall be one of the candidates involved in the tie.

    (4) By the later of the 40
    th day before the general election or the fifth day following the death, declination, or disqualification of the nominee:

    (i) the State central committee shall file a certificate of designation for the nominee with the State Board; and

    (ii) the successor nominee designated by the State central committee under subparagraph (i) of this paragraph shall file a certificate of candidacy with the State Board.

Maryland Election Code, § 5-1003 [2014]

Nominee in a single-county district dies, withdraws, or is disqualified;

or if there is a tie

  1. In general. – A vacancy in nomination for an office that is entirely in one county shall be filled by:

    (1) a central committee in that county as provided in this section; or

    (2) a State central committee for a nonprincipal political party that does not have a local central committee.
  2. Time for filling. – If a nominee for an office that is entirely in one county dies, declines the nomination, becomes disqualified, or gains a tie vote with another candidate in a primary election, the vacancy in nomination shall be filled by the later of:

    (1) the 40
    th day before the general election; or

    (2) the fifth day following the death, declination, or disqualification of the nominee.
  3. (1) The vacancy shall be filled by the central committee of the same political party as the individual vacating the nomination.

    (2) If the office is to be voted on by the voters of the entire county, the vacancy shall be filled by the central committee of that county.

    (3) If the office is voted on only by the voters of one legislative district and the central committee is elected by legislative district, the vacancy shall be filled by the members of the central committee of that legislative district.

    (4) If the office is for Representative in Congress and is a district that is wholly within one county, the vacancy shall be filled by the central committee for that county.

    (5) By the deadline prescribed in subsection (b) of this section:

    (i) the applicable central committee shall file a certificate of designation with the applicable board; and

    (ii) the successor nominee designated by the applicable central committee under subparagraph (i) of this paragraph shall file a certificate of candidacy with the applicable board.
  4. Tie votes. – If the vacancy results because of a tie vote between two or more candidates, the nominee selected by the central committee under this section shall be one of those candidates.

Maryland Election Code § 5-1004 [2014]

Nominee for Lt. Governor dies, withdraws, or is disqualified

  1. This section applies:

    (1) to the nominees of a Governor and Lieutenant Governor unit; and

    (2) whether or not a certificate of nomination has been issued to the nominees by the State Board.
  2. (1)         If, after the primary election, a candidate for Lieutenant Governor dies, declines the nomination, or becomes disqualified, the remaining nominee for Governor of that unit may designate a successor nominee for Lieutenant Governor.

    (2)         By the fifth day following the day of the death, declination, or disqualification of the nominee for Lieutenant Governor:

  1. The nominee for Governor shall designate the successor nominee for Lieutenant Governor and notify the State central committee of the applicable political party of the selection;
  2. The State central committee of the political party of the nominee shall file a certificate of designation with the State Board; and
  3. The successor nominee for Lieutenant Governor shall file a certificate of candidacy with the State Board.
  1. (1) If a nominee for Governor dies, declines the nomination, or becomes disqualified after the primary election, the remaining nominee for Lieutenant Governor is disqualified, except as otherwise provided in this section.

    (2)         (i) The State central committee of the political party of the nominee for Lieutenant Governor disqualified under paragraph (1) of this subsection shall select a successor nominee for Governor.

            (ii) The disqualified nominee for Lieutenant Governor is eligible to be chosen as the nominee for Governor.

(3)         (i) The successor nominee for Governor promptly shall select a successor nominee for Lieutenant Governor and notify the State central committee of the applicable political party of the selection.

           (ii) The disqualified nominee for Lieutenant Governor is eligible to be selected again as the nominee for Lieutenant Governor.

(4)         Except as provided under paragraph (5) of this subsection, by the fifth day following the death, declination, or disqualification of the former nominee for Governor:

            (i) the State central committee shall file a certificate of designation for the successor nominee for Governor and the successor nominee for Lieutenant Governor with the State Board; and

            (ii) each of the successor nominees shall file a certificate of candidacy with the State Board.

(5)         A State central committee may not file a certificate of designation for a successor nominee for Governor under this subsection within 10 days of the day of the general election.

(6)         A Governor and Lieutenant Governor unit shall remain on the ballot for the general election if:

           (i) a nominee for Governor dies, declines the nomination, or is disqualified less than 15 days before the general election; and

            (ii) a certificate of designation and certificates of candidacy for successor nominees for Governor and Lieutenant Governor are not filed in accordance with this section.

(7)         If a Governor and Lieutenant Governor unit comprised of a nominee for Governor who has died, declined the nomination, or become disqualified remains on the ballot as provided under paragraph (6) of this subsection, during the campaign period following the death, declination, or disqualification of the gubernatorial nominee until the general election, the Lieutenant Governor nominee officially becomes the gubernatorial nominee and may assert that status in the campaign.

(8)         If a Governor and Lieutenant Governor unit comprised of a nominee for Governor who has died, declined the nomination, or become disqualified remains on the ballot as provided under paragraph (6) of this subsection and is elected, the vacancy resulting from the death, declination, or disqualification shall be filled as if it had occurred after the general election in accordance with applicable law.

Maryland Election Code, § 5-1005 {2014]


Policy on Filling Candidate Vacancies for Positions Elected Entirely Within

Montgomery County

Section 1. Purpose.

        Sections 5-901 and 5-1004 of the Maryland Election Code provide that if (after the filing deadline has passed) there is no Democratic candidate for certain offices that appear on election ballots within Montgomery County, the Montgomery County Democratic Central Committee may designate the Democratic nominee. The following policy will govern the participation of the central Committee in such situations.

Section 2. Covered Offices.

        This policy covers the following offices:

  1. Each seat in the U.S. House of Representatives representing a district that is entirely within Montgomery County;
  2. Each seat in the Maryland Senate representing a district that is entirely within Montgomery County;
  3. Each seat in the Maryland House of Delegates representing a district that is entirely within Montgomery County;
  4. Each seat on the Montgomery County Council;
  5. Montgomery County Executive;
  6. Montgomery County State’s Attorney;
  7. Montgomery County Sheriff;
  8. Montgomery County Clerk of the Court; and
  9. Montgomery County Register of Wills.

Section 3. Call of the Central Committee.

        If (between the deadline for filing for office and the General election) any of the positions listed in § 2 of this Policy do not have a Democratic candidate, the Chair of the Central Committee shall promptly call a meeting of the Central Committee for the purpose of designating the Democratic nominee for the position. The meeting shall be held no later than the applicable deadlines specified in § 4 of this Policy.

Section 4. Meeting Date.

  1. If, upon the deadline for filing certificates of candidacy, no Democrat has filed as a candidate for an office specified in § 2 of this Policy, the Central Committee shall meet to designate the Democratic nominee no later than fourteen days after the filing deadline.
  2. If there is a tie between the two or more of the candidates receiving the most votes in the Primary Election for an office specified in § 2 of this Policy, the Central Committee shall meet to designate the Democratic nominee, no later than forty-one days before the General Election.
  3. If the Democratic nominee for an office specified in § 2 of this Policy:

the Central Committee shall meet to designate the Democratic nominee, no later than the later of:

  1. Forty-one days before the General Election; or
  2. The fourth day after death, declination, or disqualification of the nominee.

Section 5. Announcement of Vacancy.

        When a meeting of the Central Committee is called in accordance with § 3 of this Policy, an announcement will (within forty-eight hours of the Chair learning that there is no Democratic candidate)

  1. Be sent by electronic mail to all of the following persons that the Central Committee has an electronic mail address for:
  1. All precinct chairs, vice chairs, and area coordinators;
  2. All elected Democratic public officials who represent all or part of Montgomery County;
  3. All members of the Central Committee; and
  4. The president of each Democratic organization chartered by the Central Committee;
  1. Be sent to local news media; and
  2. (in the case of meetings held in accordance with § 4(b) of this Policy) be communicated to the tie candidates.

In case of meetings held in accordance with §§ 4(a) or 4(c) of this Policy, the announcements will indicate the deadline and address for applying to fill the vacancy.

Section 6. Applications.

        Applications (for positions to be filled in accordance with §§ 4(a) or 4(c) of this Policy) may be submitted until two hours before the start of the meeting to designate the nominee. Applications are to be submitted to the Montgomery County Democratic Headquarters and are to consist of twenty-five copies of a resume and a cover letter. Upon receipt of an application, the applicant will be promptly provided with a copy of the announcement specified in § 5 of this Policy.

Section 7. Manner of Designating Nominees.

        At the meeting to designate the Democratic nominee,

  1. The list of applicants will be read. In the case of positions being filled in accordance with § 4(b) of this Policy, the tied candidates will automatically be designated as applicants and will be the only applicants considered by the Central Committee. In the case of positions being filled in accordance with §§ 4(a) or 4(c) of this Policy, additional candidates will be added to the list of applicants at the request of any three members of the Central Committee made prior to the start of the applicant addresses provided for in § 7(b) of this Policy;
  2. Each of the applicants will be invited to address the Central Committee, in public session, for five minutes each, in alphabetical order;
  3. After all the applicants have had the opportunity to speak, the members of the Central Committee will have the opportunity, in open session, to question the applicants collectively. The applicants will respond to the questions in alphabetical order: the answers to the first question will start with  the second candidate alphabetically, the answers to the second question will start with the third candidate alphabetically, and so on;
  4. Once the questioning has been completed, the central Committee may retire into executive session to discuss the applicants (as a personnel matter) – no votes may be taken during executive session, except to end the executive session;
  5. The voting shall be done by roll call with each member responding to the roll casting a secret ballot which will be collected by the Assistant Secretary;
  6. All proxy ballots (authorized by Article VII, § 6 of the Bylaws of the Central Committee) must be provided to the secretary before the start of the balloting;
  7. The Secretary and the Assistant Secretary will count the ballots;
  8. Each applicant may designate one person to observe the counting of the ballots;
  9. An absolute majority of the ballots cast is needed to win the seat;
  10. If no applicant receives an absolute majority of the ballots cast, another ballot will be held after eliminating any applicant who received no votes and the remaining applicant who received the fewest votes; this process shall continue until an applicant receives an absolute majority of the ballots cast.

Section 8. Notification of the Board of Elections.

        The Chair of the Central Committee (or such other person as the Central Committee shall designate) will see to it that a Certificate of Designation is filed in a timely manner with the Board of Elections indicating the person that the Central Committee has designated as the democratic nominee.

Policy on Filling Candidate Vacancies for Positions Elected Entirely Within Montgomery County,

adopted by the Montgomery County Democratic Central Committee, November 8, 2005


Chair of the Central Committee[43],[44],[45],[46],[47]

(see also: Officers of the Central Committee)

… the party central committee for each county shall select the chairman of that county’s party central committee.

Maryland Election Code, § 4-202(b)(1)[48] [2014]

Note: prior rules version says to insert MD Elections Code § 13-218(c) here but it does not exist

Duties of the Chair: The Chair shall preside at all meetings of the [Central] Committee, preserve order during deliberations, appoint sub-committees with the consent of the Committee and serve as ex-officio member of such sub-committees and sign appropriate documents in connection with the work of the Committee. In addition, the Chair shall have other powers and duties as may be granted to the Chair from time to time by resolution of the Committee.

Bylaws of the Montgomery County Democratic Central Committee, Article V, § 1

Meetings: Meetings of the [Central] Committee shall be held not less than ten (10) times each calendar year. The Chair shall call all regular or statutory meetings. In the event of his neglect, failure or refusal, the Vice Chair or Secretary shall call such regular or statutory meetings.

Bylaws of the Montgomery County Democratic Central Committee, Article VII, § 1

Emergency or special meetings [of the Central Committee] may be called by the Chair or a majority of the Committee.

Bylaws of the Montgomery County Democratic Central Committee, Article VII, § 2

The Chair shall appoint such standing committees as may be deemed necessary.

Bylaws of the Montgomery County Democratic Central Committee, Article IX, § 1

Appointment of Standing Committees: The Chair shall name the members on all standing committees and will designate the member who will be chair. Membership on standing committees need not be restricted to members of the Democratic Central Committee.

Bylaws of the Montgomery County Democratic Central Committee, Article IX, § 2

The Chair of the Central Committee will appoint one of the two student members as the Chair of the Student Volunteer Mobilization Committee and will appoint the other student member as the Chair of the Student Club Organizing Committee. The Chair of the Central Committee will also appoint one member of the Central Committee to serve as the Vice Chair of the Student Volunteer Mobilization Committee and one member of the Central Committee to serve as Vice Chair of the Student Club Organizing Committee.

Bylaws of the Montgomery County Democratic Central Committee, Article IX, (2nd paragraph)

Any time proxies are voted, the proxy must be in the Chairman’s hand before the vote. [Except that, when electing nominees for the Board of Elections or the County Council redistricting Commission,] proxies are to be presented to the Secretary before any ballots are put into the ballot box.

Adopted by the Montgomery County Democratic Central Committee, March 3, 1971;

amended by § 4 of the Procedures for Selecting Nominees to the

Montgomery County Board of Supervisors of Elections,

adopted by the Montgomery County Democratic Central Committee, December 8, 1998[49];

further amended by the Procedures for Selecting the Central Committee’s Nominees for the

County Council Redistricting Commission,

adopted by the Montgomery County Democratic Central Committee, February 14, 2000[50];

Guidelines for Meetings of the Democratic Central Committee

  1. Executive Meetings.
  1. Such meetings shall only be called for purposes of discussing matters appropriate to executive sessions, including appointments and personnel. The Chairperson may make the initial decision that a matter is appropriate for executive session, but any member who feels that a matter is appropriate for an open session may object and require that a vote be taken.

Adopted by the Montgomery County Democratic Central Committee, May 6, 1975

Loans up to $50, subject to approval of the Party Chairperson or their designee, are authorized to those precinct(s) which make written requests for money to carry on precinct activities. Money will be repaid out of Dollars Drive receipts.

Adopted by the Montgomery County Democratic Central Committee, August 27, 1975

The Chairperson, Vice Chairperson, assistant Secretary and Controller are to be bonded … [as are] the Treasurer, Assistant Treasurer, Secretary and Office Secretary …

Adopted by the Montgomery County Democratic Central Committee, November 19, 1975

The [Central Committee’s] computer will normally not be used at night to print out information. Night-time work, developing programs, and entering data, will only be done with the approval of the Central Committee Chairperson, Secretary and/or Office Manager.

Computer Use Guidelines (Operations) Section 2

adopted by the Montgomery County Democratic Central Committee, February 27, 1985

After six months of employment the MCDCC Staff [Persons are] eligible to use 5 days of paid annual leave. Should a person work less than six months he/she will not be paid for any annual leave. After one year, each Staff Person will earn 10 days of paid annual leave per year. Leave is pro-rated on an annual basis.

Leave must be approved in advance by the Chairperson and is subject to the needs of the Committee.

Annual Leave section of the Personnel Procedures,

adopted by the Montgomery County Democratic Central Committee, September 12, 1995

A staff person may be terminated in the following manner:

  1. When a member of the MCDCC requests that the Chairperson or the Officers call a special meeting to discuss removal.
  2. When a majority of members of the MCDCC vote to remove a staff persons[51].

Staffers may be suspended by the Chairperson of the Central Committee (or, in the absence of the Chairperson, by the Vice Chairperson).

Removal of Staff Persons section of the Personnel Procedures,

adopted by the Montgomery County Democratic Central Committee, September 12, 1995

Editor. The Central Committee will designate an editor who will have day-to-day responsibility for the maintenance of the [County Democratic Party’s] Web site. The Editor will consult with the Chairperson of the Central Committee before adding to the Web site any categories of material not already authorized by this Policy. If the Editor and Chairperson are not able to resolve any disagreement, the matter will be referred to the Internet Services Committee for resolution. Decisions of the Internet Services Committee can be appealed to the Central Committee, which will be the final authority.

World Wide Web Site Policy, section 4,

adopted by the Montgomery County Democratic Central Committee, December 12, 1995

[When considering ballot questions, the Central Committee will (First) receive the report of the Ballot Questions Advisory Committee, (Second) receive the recommendations of the Precinct Organization, (Third) receive comments from the public]

Fourth, the Chairperson [of the Central Committee] will go around the table and invite any member of the Central Committee to speak on the question for two minutes per person.

Fifth, the Chairperson will go around the table a second time and invite Central Committee members again to speak on the question for two minutes per person. The Chairperson will then request a motion to endorse the position taken by the Precinct Organization on the question. If that motion fails, (or no one will offer such a motion) the Chairperson will entertain other motions related to the ballot questions. The ballot questions will be taken up in the same order that they were taken up at the … meeting of the Precinct Organization … In accordance with Article VII, Section 8 of the Bylaws [of the Central Committee], a two-thirds vote of those voting yes or no is required for the Party to take a position on a ballot question and to mark the Democratic Sample Ballots.

Adopted by the Montgomery County Democratic Central Committee, October 6, 1994

  1. [For a legislative issue] To be considered at an MCDCC meeting, a resolution request should be submitted to the office on or before the first of the month, so the Chairperson can enclose a copy with the agenda to be mailed to the MCDCC.

Adopted by the Montgomery County Democratic Central Committee, March 11, 1977[52]

  1. We will also make updated precinct directories available to any Democratic candidate (incumbent or non-incumbent), precinct official, or chartered organization for free, but we will satisfy only one such request in a year. If more than one such updated directory is provided in a year, there will be a charge of $25 for each update. We will provide one copy per month of the circulation list for free upon request. District directories for their district are to be made available for free to District Liaisons upon request.
  2. It is our intent to make our voter data provided by the State Democratic Party available to any Democratic candidate upon request at no charge. It may be necessary to impose a reasonable charge for this data.
  3. The term “upon request” in this statement means as soon as it is practicable for MCDCC staff to meet the request. Other MCDCC priorities, as determined by the MCDCC Chairperson and/or the full MCDCC, will take precedence over satisfying requests for data from outside parties.

Adopted by the Montgomery County Democratic Central Committee, May 12, 1998

Once the recommended nominees [for seats on the Montgomery County Board of Elections] have been chosen [by the Central Committee], the Chairperson will recognize any motions concerning transmittal of the names of the nominees to the Governor.

Procedures for Selecting Nominees to the Montgomery County Board of Supervisors of Elections, § 7,

adopted by the Montgomery County Democratic Central Committee, December 8, 1998

Open and free elections are one of the basic principles of the Democratic Party.

For an election to be open and free, all candidates for office must have equal and concurrent access to such fundamental information as to who is eligible to vote in the election (including all contact information that the organization possesses).

If a member of a Democratic organization in Montgomery County, who is a candidate (or who intends to become a candidate) for office in that organization’s next election so requests, the Chairperson of the Central Committee shall appoint a mediator to assist in making sure the organization’s elections are held in an open and free manner. In appointing a mediator, the Chairperson is to strive to appoint a person who (1) is experienced with parliamentary procedure and the conduct of elections and (2) is acceptable to all candidates in the organization’s election. The mediator may be (but is not required to be) a member of the Central Committee and generally should not be a member of the organization. Whenever the Chairperson of the Central Committee appoints a mediator, the Chairperson is to promptly notify the President of the organization and urge the organization to make use of the mediator.

At the request of the mediator, the organization will provide the mediator with a list of all persons (including contact information) who are eligible to vote in the election. The mediator will treat such a list as confidential, except that a mediator may provide candidates running for office within the organization with a copy of the list.

Adopted by the Montgomery County Democratic Central Committee, January 12, 1999

Expression of Sympathy and Recognitions of Achievement

Section 1. Bereavements

  1. In the event that the Montgomery County Democratic Headquarters learns of the death of any current:

Or of any other former long-term member of the Precinct Organization;

  1. A letter (or card) of sympathy from the Chair and Vice Chair of the Central Committee, on behalf [o]f the Party and the Central Committee, will be sent to the decedent’s family.

b)  in the event that (after the Secretary has compiled a list of winners of the following awards) the Montgomery County Democratic Headquarters learns of the death of any current or former winner of the:

  1. A letter (or card) of sympathy from the Chair and Vice Chair of the Central Committee, on behalf [o]f the Party and the Central Committee, will be sent to the decedent’s family.

c) In the event that the Montgomery County Democratic Headquarters learns of the death of a:

Of any of the persons listed in section 1(a) or (b):

  1. A letter (or card) of sympathy from the Chair and Vice Chair of the Central Committee, on behalf [o]f the Party and the Central Committee, will be sent to the decedent’s family, and

d) In the event that the Montgomery County Democratic Headquarters learns of the serious illness of the persons listed in section 1(a), (b), or (c):

  1. A letter (or card) of sympathy from the Chair and Vice Chair of the Central Committee, on behalf [o]f the Party and the Central Committee, will be sent to the person, and

Section 2. Congratulations.

Section 3. Retirements.

In the event that any person listed in section 1(a) retires from political office:

  1. A letter (or card) from the Chair and Vice Chair of the Central Committee, on behalf of the Party and the Central Committee, expressing thanks for services rendered will be sent to the retiree, and

Section 4. Extraordinary cases. …

Section 6. Sunshine Committee.

The Chair of the Central Committee shall appoint a Sunshine Committee. The Sunshine Committee will (a) monitor local newspapers and other publications to attempt to identify individuals and events that should be recognized under this policy and (b) otherwise assist in the administration of this policy.

Section 7. Previous Policies. …

Policy on Expressions of Sympathy and Recognitions of Achievements,

adopted by the Montgomery County Democratic Central Committee, September 14, 1999

§ 1. Definitions.

   “Campaign appointments” are appointments of Acting Area Coordinators, Acting Precinct Chairs, and Acting Precinct Vice Chairs.

   “Next Election” is the next general election, primary election, special general election or special primary election. “Next election” does not include precinct chairs and vice chair elections held under § D of the Precinct Organization rules.

§ 2. Expiration of term of office. …

§ 3. Appointments by the Central Committee. …

§ 4. Appointments by the Chair of the Central Committee.

Campaign appointments may be made by the Chair of the Central Committee provided that:

  1. All of the voting Central Committee members who live in that legislative district agree to the appointment; and
  2. The appointment is made after the meeting specified in § 3 of this policy and before the next election.

§ 5. Notification.

Policy on Campaign Appointments,

adopted by the Montgomery County Democratic Central Committee, August 13, 2002

Prior to every primary and general election, the Chair of the Central Committee (or the Chair’s representative) will inspect the proposed ballot faces prepared by the Montgomery County Board of Elections, as soon as the ballot faces are available for public inspection. If, in the opinion of the Executive Committee, the ballots should be challenged, the Executive Committee may make such a challenge on behalf of the Central Committee. The Central Committee reserves the right to modify any position taken on its behalf.

Policy on Ballot Inspection,

adopted by the Montgomery County Democratic Central Committee, October 8, 2002

[A] money market account [is to] be established with Sun Trust Bank and … any expenditure from that account over $500 must have the approval of the Chair.”

Adopted by the Montgomery County Democratic Central Committee, May 13, 2003

Liaison I, Liaison II, and District Meetings

§ 1. Purpose. …

§ 2. Liaison I.

   The Chair of the Central Committee will organize and convene at least one meeting of Liaison I every calendar year.

§ 3. Liaison II.

   The Chair of the Central Committee will organize and convene at least one meeting of Liaison II every calendar year. For purposes of Article XII of the Bylaws of the Central Committee, meeting of Liaison II (after September 12, 2006) will be treated as if they were meetings of the Central Committee.

§ 4. District meetings. …

Policy on Liaison I, Liaison II, and District Meetings,

adopted by the Montgomery County Democratic Central Committee, April 11, 2006


Chaplain

[Neither the Bylaws nor the Rules of the Montgomery County Democratic Central Committee provide for a chaplain. In 1994, the Chair invited a member of the Central Committee, who was also a member of the clergy, to serve as Chaplain. The principal duties of the Chaplain were to make counseling services available to members of the Committee and to give an invocation at the beginning of Central Committee meetings.[53] After the member retired from the Central Committee, the Chair (on an experimental basis) invited others (both from within the Central Committee and clergy from outside the Committee) to deliver an invocation at the beginning of Central Committee meetings. At the request of members of the Committee, that experiment was discontinued after the April 8, 1997 meeting of the Committee.]


Clubs and Caucuses

1.  Maryland State Democratic Party Policies[54]

Democratic Clubs: Charter and Registration Process

  1. Any Democratic club shall have the option of participating in the chartering process. It is not a mandatory policy.

  1. Any Democratic club electing not to participate in the chartering process is encouraged to register with [the] Maryland Democratic Party.

  1. The chartering process shall be as follows:

  1. The club shall submit to the Clubs Committee or to its local Central Committee the following information:

  1. Name of Club;
  2. Address of Club;
  3. County of Club;
  4. Election district(s) covered by club:
  1. Congressional
  2. Legislative,
  3. Local (e.g., council, school board, etc.)
  4. Election (e.g., ward, precinct, etc.)
  1. Meeting date:
  2. Meeting location;
  3. Annual events;
  4. Date of annual election;
  5. Name, address, telephone numbers for:
  1. President,
  2. Vice President
  3. Secretary,
  4. Treasurer;
  1. Copies of the following documents:
  1. Constitution,
  2. Bylaws,
  3. Newsletter
  1. Publication date.

  1. The Club’s Constitution and/or Bylaws shall not violate the Charter of the Democratic National Committee or the Constitution and Bylaws of the Maryland Democratic Party and must contain the following provisions (or provisions of similar effect):

  1. “Endorsements: In any partisan race, the Club shall only endorse candidates of the Democratic Party.  Endorsements of other partisan or independent candidates are prohibited. This prohibition shall not prevent the Club’s endorsement of candidates in non-partisan races (e.g., school board, judicial, etc.)”

  1. “Membership: The membership of this club shall be limited to those individuals who have registered to vote in the Democratic Party excepting  therefrom those individuals who have declared themselves as young Democrats, i.e., they are too young to register to vote.”

  1. “Purpose: This Club is committed to furthering the principles of the Democratic Party and to electing its candidates in general elections.”

  1. The Club shall submit, together with the information referred to in paragraph 3a, an application fee of Ten Dollars ($10.00), said sum representing the annual chartering fees for clubs. This fee shall be paid to the Maryland Democratic Party and maintained in a separate account or ledger column dedicated to club activities. The annual fee shall be due on or before, January 1 of each year.

4. As it is the intention of the Maryland Democratic Party to foster a policy of inclusion within the Party, charter applications shall be approved upon submission of all the required information and fees. The Clubs Committee or local Central Committee may deny a Club application; however, it must do so by a majority vote at a public meeting with at least ten days prior notice to all parties concerned. In any case, the denial shall take place within ninety (90) days of submission. Any decision regarding the approval or denial of a Club charter may be appealed to the Executive Committee of the Maryland Democratic Party and shall be heard in accordance with the rules of the Maryland Democratic Party.

5. Upon approval of a Club’s charter, it shall be entitled to the following services from the Maryland Democratic Party, as well as other services as may become available from time to time:

  1. A copy of the National Party platform;
  2. A copy of such training manuals, or other materials, as are available from time to time from the DNC, the DSCC, the DCCC or any other party source;
  3. Access, through the Party headquarters, the Party’s legal counsel on party matters (at cost, if any):
  4. Access, through the Party’s headquarters, to the Party’s staff for assistance and counsel;
  5. Best available prices for lists, voter files, etc.;
  6. Placement on the Faxline (at cost, if any);
  7. Special acknowledgements;
  8. The use of the byline: “an officially chartered club of the Maryland Democratic Party”.
  9. An annual charter.

6. The registration process shall be as follows:

  1. Name of Club;
  2. Address of Club;
  3. County of Club;
  4. Election district(s) covered by club:
  1. Congressional
  2. Legislative,
  3. Local (e.g., council, school board, etc.)
  4. Election (e.g., ward, precinct, etc.)
  1. Meeting date:
  2. Meeting location;
  3. Annual events;
  4. Date of annual election;
  5. Name, address, telephone numbers for:
  1. President,
  2. Vice President
  3. Secretary,
  4. Treasurer;
  1. Copies of the following documents:
  1. Constitution,
  2. Bylaws,
  3. Newsletter
  1. Publication date.

7. …

8. …

9. …

10. (Disclaimer Section; to be completed.)

11. This policy shall become effective immediately upon its adoption by the Executive Committee of the Maryland Democratic Party.

Adopted by the Executive Committee of the Maryland State Democratic Party, July 17, 1993

and amended by the Maryland State Democratic Party, October 18, 1997[55]


2. Montgomery County Democratic Party Policies

(5) Rented Space. Any organization chartered by the Central Committee … may rent space on the Web site at the rate of $50 per year up to 400KB. Any organization … so renting is fully responsible for the form and the contents of their Web pages and must provide it in a format that is directly loadable on the Party’s Web site (the Party is not responsible for converting materials to HTML or any other format). All pages rented under this provision must either contain a ‘by authority of” line or a statement that the information on the page does not necessarily represent the positions of the Montgomery County Democratic Party. The $50 per year fee is waived for the Coalition of High School Democrats. …

World Wide Web Policy, § 5,

adopted by the Montgomery County Democratic Central Committee, December 12, 1995

and amended by the Montgomery County Democratic Central Committee, September 12, 2000[56]

Chartering Democratic Clubs and Caucuses

  1. Requirements

To be chartered, and to remain chartered, an organization must:

        Have its membership (regardless of class of membership or rights of membership) consist only of people who are either

  1. Registered Democrats; or
  2. People too young to be registered voters, but who identify themselves as Democrats
  1. Not prohibit any otherwise qualified person from joining the organization (or remaining as a member of the organization) on account of the person’s race, religion, gender, place of birth, ethnicity, sexual orientation, or physical limitation(s).
  2. Mail to the Secretary of the Montgomery County Democratic Central Committee a copy of all the organization’s State Board of Elections and Federal Elections Commission filings on the same day that those filings are mailed to (or filed with) the Board or Commission, respectively.
  3. Provide the Secretary with a copy of any amendments to the organization’s charter, constitution, bylaws or other governing documents, within thirty days of adoption of the amendment.
  4. Provide the Secretary with a copy of all minutes, newsletters, and similar publications within thirty days of the time that they are distributed within the organization.

2.   Endorsements

        In any partisan race, a chartered organization may only endorse candidates of the Democratic Party. This prohibition shall not prevent the organization’s endorsement of candidates (who are registered Democrats) in non-partisan races (e.g., school board, judicial, etc.).

3.   Granting Charters

        An organization which is not currently chartered, but which meets the requirements for chartering, may be chartered with the approval of the Central Committee. The Rules Committee will review all proposed charters before they are submitted to the full Central Committee for approval. If the Central Committee, in its judgment, determines that granting of a particular charter would be offensive to the basic principles of the Democratic Party, the Central Committee may refuse to grant such a charter.

4.   Revoking Charters

        If a complaint is received by the Central Committee that a chartered organization is not conforming to the requirements for being a chartered organization (or is acting in a manner offensive to the basic principles of the Democratic Party), the Central Committee will refer the matter to a committee. The committee will notify the organization that a complaint has been filed against it (specifying what rule has allegedly been violated), investigate the matter, and make recommendations to the Central Committee. If the Central Committee determines that a chartered organization is not conforming to the requirements of being a chartered organization or is acting in a manner offensive to the basic principles of the Democratic Party, the Central Committee may revoke the charter of that organization. Before the Central Committee revokes the charter of an organization, the organization must be given at least twenty days’ notice of the meeting and the right to state its case before the Central Committee.

5.   Renewals

  1. The Secretary (in consultation with the members of the Central Committee) will draft a charter renewal form and mail it to the current address (on file with the Central Committee) of each organization, between November 15 and December 1 each year. The charter of any currently chartered organization that files its renewal form by February 1, will be automatically renewed. If an organization does not file its renewal form by February 1, the organization’s charter will automatically become inactive and the organization will not be entitled to the benefits provided in section 8 of this policy.
  2. The Secretary will send a second copy of the charter renewal form to any organization that failed to file the form by February 1. If an organization files the form with the Central Committee within 6 months of the February 1 deadline, the organization’s charter will be automatically reinstated and the organization will be entitled to the benefits provided in section 8. If an organization fails to file a renewal form with the Central Committee by July 1, the organization will have to go through the same process as new organizations to get its charter reinstated.

6.  Reports to the Central Committee

At the request of the County Central Committee, a chartered organization will provide the central Committee with a copy of the organization’s current constitution, bylaws and other governing documents.

7.   Reports to the State Central Committee

        Between February 1 and February 15 of each year, the secretary will provide the Maryland State democratic Central Committee with a list of all organizations currently chartered by the County central Committee (including a mailing address for each organization). In the event that the county charter of an organization also currently chartered by the state is revoked or is not renewed, the Secretary will notify the State Central Committee and request (on behalf of the County Central Committee) that the organization’s state charter be withdrawn or suspended.

8.   Benefits of Chartered Organizations

        Each organization chartered by the Montgomery County Democratic Central Committee is entitled to the following benefits (at the organization’s request). Organizations not chartered by the Central Committee will not be entitled to these benefits.

  1. May have literature displayed in the Democratic Party tent at the Montgomery County Fair.
  2. May use the rooms at County Party Headquarters for meetings at no charge, on a first come, first served basis.
  3. May use the Central Committee’s bulk rate postage permit, provided that the organization pays the Central Committee all postage costs in advance of using the permit.
  4. Club events may be included at no charge in the schedule of events in the Montgomery Democrat.
  5. Eligible to purchase space on the MCDCC Web site at the same rate as Democratic incumbents and candidates.
  6. Free link to the organization’s Web site from the MCDCC Web site.
  7. Club events may be included at no charge in the schedule of events on the MCDCC Web site.
  8. Listing in the Precinct Directory.

Adopted by the Montgomery County Democratic Central Committee, April 7, 1998[57]

and amended by the Montgomery County Democratic Central Committee, January 12, 1999[58]

[Open and Free Elections]

Open and free elections are one of the basic principles of the Democratic Party.

For an election to be open and free, all candidates for office must have equal and concurrent access to such fundamental information as who is eligible to vote in the election (including all contact information the organization possesses).

The October 6, 1971 Guidelines for Continuing Assistance to Democratic Clubs stated that:

The December 17, 1975 policy provided that the Central Committee “will continue to piggy-back flyers for club functions, but all clubs must be responsible for mailing, postage, etc., of newsletters.”

The July 27, 1977 Guidelines for Democratic Clubs using Central Committee facilities and Services provided that:

  1. A copy of the club bylaws and a current list of officers should be on file at the Central Committee Headquarters.
  2. The bylaws of the club should not violate the rules of the National Democratic Charter which governs the activities of the MCDCC, particularly those rules that apply to openness to all “who desire to support the Party and who wish to known as democrats.” This, of course, does not restrict clubs from having age, district, or other geographical requirements for membership. Nor should club bylaws violate the Bylaws of the MCDCC or its regulation.
  3. The facilities, funds, or name of a Democratic club will not be used in support of any non-Democratic candidate, except judges, and Central Committee services will be suspended for any club if an officer of that club publicly supports any non-Democratic candidate except a judge or a School Board candidate.
  4. No services will be afforded Democratic clubs that violate their own bylaws or the federal or state election laws.
  5. Services will be rendered to any club declared eligible by a vote of the Central Committee
  6. Central Committee supporting services will not be rendered for any mailing which contains an endorsement of any primary candidate.

If a member of a Democratic organization in Montgomery County, who is a candidate (or who intends to become a candidate) for office in that organization’s next election so requests, the Chair of the Central Committee shall appoint a mediator to assist in making sure that the organization’s elections are held in an open and free manner.

In appointing a mediator, the Chairperson is to strive to appoint a person who (1) is experienced with parliamentary procedure and the conduct of elections and (2) is acceptable to all candidates in the organization’s election. The mediator may be (but is not required to be) a member of the Central Committee and generally should not be a member of the organization. Whenever the Chairperson of the Central Committee appoints a mediator, the Chairperson is to promptly notify the President of the organization and urge the organization to make use of the mediator.

At the request of the mediator, the organization will provide the mediator with a list of all persons (including contact information) who are eligible to vote in the election. The mediator will treat such a list as confidential, except that a mediator may provide candidates running for office within the organization with a copy of the list.

Adopted by the Montgomery County Democratic Central Committee, January 12, 1999

Policy on Legislative Vacancies

Section 2. Announcement of Vacancy

        When a Montgomery County democratic seat in the legislature becomes vacant, an announcement will

  1. Be sent by electronic mail to all the following persons that the Central Committee has an electronic mail address for:

        …

        (4) the president of each Democratic organization chartered by the Central Committee;[59]

The announcements will indicate the deadline and address for applying to fill the vacancy.

Section 3. District organizations.

        (a) If there is a chartered Democratic organization(s) for the legislative district with the vacancy, the Secretary will contact the president of that organization(s) and request that the organization(s) provide recommendations on filling the vacancy. The Secretary will also request that the organization(s) hold a public forum where the candidates may present themselves to the Democrats of the district. The Central Committee will give due consideration to any such recommendation, though the Central Committee will make the final decision in filling legislative vacancies.

        (b) Subsection (a) of this section is not intended to authorize an organization to endorse a candidate(s) if the bylaws or other rules governing the organization prohibit the organization from endorsing a candidate(s). Likewise, if the bylaws or other rules governing the organization specify the procedure that is to be followed before the organization can endorse a candidate(s), subsection (a) of this section is not intended to supersede those bylaws or rules.[60]

Policy on Legislative Vacancies, §§ 2(a)(4) and 3,

adopted by the Montgomery County Democratic Central Committee, June 12, 2001;

amended by the Montgomery County Democratic Central Committee, November 13, 2007

Policy on Vacancies on the Central Committee

Section 2. Announcement of Vacancy.

        When a vacancy occurs prior to the end of a Central Committee member’s term, an announcement will …

(b) be sent by electronic mail to all the following persons that the Central Committee has an electronic address for: …

        (4) the president of each Democratic organization chartered by the Central Committee;

The announcements will indicate the deadline and address for applying to fill the vacancy.

Policy on Vacancies on the Central Committee, § 2(b)(4),

adopted by the Montgomery County Democratic Central Committee, June 12, 2001;

[High School Democratic Clubs]

Any member in good standing of a high school democratic club in Montgomery County [is entitled to] receive a free subscription to The Montgomery Democrat while in high school.

Adopted by the Montgomery County Democratic Central Committee, July 10, 2001

Policy on Club Participation

§1. Purpose

Democratic organizations play an important role in providing Democrats with opportunities to participate in the Democratic Party. Keeping those opportunities available in a fair and open manner is one of the responsibilities of the Montgomery County Democratic Central Committee, as well as the organizations themselves. The purpose of this policy is to identify certain practices that are necessary to maintain to the principle of Democratic Party that opportunities to participate should be open and available.

§2. Scheduling of meetings

The Charter of the Democratic Party of the United States provides that, “The scheduling of Democratic Party affairs at all levels shall consider the presence of any religious minorities of significant numbers of concentration whose level of participation would be affected.” It is therefore the policy of the Montgomery County Democratic Central Committee that no Democratic organization (or governing body of a Democratic organization) in Montgomery County may hold a business meeting at the time of a religious or cultural observance that would likely prevent the participation of any significant number of its members. Business meetings include (but are not limited to) any meeting where (1) officers, directors, or any similar officials are nominated or elected, (2) candidates for public or party office are endorsed, (3) the organization’s position on any legislative or other issue is to be voted on, (4) any of the organization’s governing documents are to be adopted or amended, or (5) the spending of money is to be authorized. For purposes of this policy, “business meetings” also include debates of (or forums for) candidates for public or party office.

§3. Voting participation

Voting in business meetings of democratic organizations (particularly in meetings to elect officers or to endorse candidates) by people who have had no previous involvement with that organization is contrary to the principles of basic fairness. No member may vote in a Democratic organization in Montgomery County (nor be counted in determining the presence of a quorum) unless they have been a member of that organization for at least thirty days and are physically present at the meeting. Democratic organizations may adopt additional reasonable requirements (e.g., requiring that before a member may vote that they have previously attended a meeting of the organization) concerning who may vote.

Adopted by the Montgomery County Democratic Central Committee, October 10, 2006

Policy on Ballot Questions

§9. Meetings of the Precinct Organization and Central Committee

No later than the second Tuesday in August of each even numbered year, the Chair of the Central Committee (in consultation with the Chair of the Ballot Questions Advisory Committee and the Chair of the Precinct Organization Committee) will schedule the meetings of the Precinct Organization and the Central Committee (provided for in § E(2)(d)(i) of the Precinct Organization Rules) for the purpose of determining the County Democratic Party’s position on each ballot question. Such meeting shall not be held on the same day as the election of Central Committee officers provided for in Article IV, § 2 of the Central Committee Bylaws. Notice of the meetings to determine the County Democratic Party’s position on ballot questions will also be sent by electronic mail to all members of the Precinct Organization and all persons designated in § 10 of this policy, for whom the County Democratic Party has an electronic mail address. The notice to the presidents of the chartered Democratic organizations will also invite the organizations to hold meetings (between the receipt of the Report on Ballot Questions Advisory Committee on the holding of the meetings of the Precinct Organization and the Central Committee) to discuss the ballot questions. Notice of the meetings, to the extent practical, will be published in The Montgomery Democrat and on the County Democratic Party’s Web site.

§ 10. Report of the Ballot Questions Advisory Committee.

The content and distribution of the report of the Ballot Questions Advisory Committee shall be in accordance with §E(2)(d) of the Precinct Organization Rules. Additionally, copies of the report of the Ballot Questions Advisory Committee will also be sent to all members of the Central Committee; the presidents of all chartered Democratic organizations; and all elected public officials representing all or part of Montgomery County who were elected as Democrats.

Policy on Ballot Questions, §§ 9 & 10,

adopted by the Montgomery County Democratic Central Committee, November 13, 2007

School Board Endorsements in the 2008 Primary

        As an experiment, for the 2008 primary only, sample ballots produced by Democratic organizations chartered by the Montgomery County Democratic Central Committee may be placed on the Democratic precinct tables even if the sample ballots include recommendations for School Board candidates provided that:

        After the 2008 primary election, the Rules Committee will review the question of whether this experiment should be extended to the 2008 general election and, after holding such forums it may deem appropriate, submit recommendations to the Central Committee.

        Under no circumstances should this experiment be extended beyond the 2008 general election, unless the Precinct Organization Rules are amended to make it clear that this activity is permissible.

Adopted by the Montgomery County Democratic Central Committee, January 8, 2008


3. Organizations Chartered

by the Montgomery County Democratic Central Committee

Organization

Date Chartered

African American Democratic Club of Montgomery County

May 14, 2002

Bethesda-Chevy Chase Democratic Breakfast Club

before 1995

Central County Democratic Club

September 14, 1993

Coalition of Asian Pacific American Democrats of Maryland

December 14, 1999

Coalition of High School Democrats

September 12, 2000

District 14 Democratic Club

before 1995

District 15 Democratic Caucus[61]

June 8, 2004

District 16 Democratic Caucus

October 9, 2001

District 17 Democratic Club[62]

September 14, 1999

District 18 Democratic Caucus

September 14, 1999

District 19 Democratic Club

before 1995

District 20 Democratic Caucus

October 9, 2001

District 39 Democratic Caucus

May 11, 1999

District 39 Democratic Club

December 14, 2004

Germantown Democratic Club

July 21, 1993

Greater Silver Spring Democratic Club

March 9, 2004

Hispanic Democratic Club

November 14, 1995[63]

Leisure World Democratic Club

1973

Montgomery County Green Democrats

May 16, 1990

Montgomery County Young Democrats

August 8, 1995

Northern Montgomery Women’s Democratic Club

before 1995

Paint Branch High School Young Democrats

August 8, 1995

Rockville High School College Democrats

March 14, 1995

Rockville/Mid-County Democratic Breakfast Club

before 1995

Seneca Potomac Democratic Club

before 1995

Stonewall Democratic Club

May 12, 1998

20th District Democratic Breakfast Club

before 1995

Women’s Suburban Democratic Club

September 12, 2000[64]

Chartered Organizations that have disbanded

Organization

Date Chartered

Date Disbanded

District 15 Democratic Club

December 9, 1997

January 2008 (merged into the District 15 Democratic Caucus)

Maryland Deaf and Hard of Hearing Democratic Club

October 9, 2001

c. January 2006

Montgomery County Democratic Action Group (MCDAC)

before 1995

c. January 2000

Montgomery County Lawyers Club

January 14, 1993

c. 1998

Montgomery County New Democrats

December 10, 1996

August 2007

Committees

The following are permanent committees of the Montgomery County Democratic Party:

Committee

Membership[65]

Source

Annual County Brunch Committee

- - -

Policy on Spring Ball and Annual County Brunch Tickets, adopted by the MCDCC, September 20, 2001

Ballot Questions Advisory Committee

Montgomery County Democrats selected by the Central Committee, a majority of whom must be members of the Precinct Organization[66]

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials of Montgomery County, Maryland, § E(2)(d)(ii); also Ballot Questions Policy adopted by the MCDCC, November 13, 2007

Budget and Finance Committee

- - -

World Wide Web Site Policy § 6, adopted by the MCDCC, December 12, 1995

Central Committee

2 elected voting members (2 by the Democratic voters of each legislative district that is entirely within Montgomery County, plus 1 by the Democratic voters of each legislative district partially in Montgomery County, with the balance being elected by the Democratic voters county-wide): plus 2 non-voting student members (one male and one female); plus as many additional non-voting members has an equal number of men and women

Maryland Constitution, article III, § 13; Maryland Election Code § 4-203(f); Maryland Democratic  Party Constitution, article III(2); Montgomery County Democratic Central Committee By-Laws


Committee

Membership

Source

  • Computer Needs] Task
  • Force

- - -

Computer policy adopted by the MCDCC, March 17, 1971

County Fair Committee

- - -

County Fair policy adopted by the MCDCC, August 8, 1995

Democratic Forum

Sponsors ($300), Benefactors ($500), and Patrons ($1,000)

Democratic Forums Membership Programs policy adopted by the MCDCC, February 7, 1995

Dollars Drive [Committee]

- - -

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials of Montgomery County, Maryland, § C(2)(d); also Dollars Drive policy, adopted by the MCDCC, June 30, 1976

Elections Procedures Committee

- - -

Duties of the Assistant Secretary, § 9, adopted by the MCDCC, April 13, 1999

Executive Committee

Chair, Vice Chair, Treasurer, Secretary, Assistant Treasurer and Assistant Secretary

MCDCC By-Laws, article IV, § 1; also Personnel Procedures adopted by the MCDCC, September 12, 1995; Policy on Ballot Inspections, adopted by the MCDCC, October 2, 2002

Internet Services Committee

- -

World Wide Web Site policy adopted by the MCDCC, December 12, 1995

Issues Committee

- - -

legislative Issues policy adopted by the MCDCC, March 11, 1997

Labor Advisory Committee

“rank and file, local and international trade union members of the Democratic Party (residing in Montgomery County) together with labor oriented members of the Montgomery County Democratic Central Committee acting as a liaison to the Advisory Committee”[67]

Labor Advisory Committee policy adopted by the MCDCC, December 14, 1977

Newsletter Committee

Newsletter policies adopted by the MCDCC, December 9, 1997, and January 21, 1998

Plowman and Fisherman

[paid membership]

Policies on distribution of Plowman and Fisherman and Democratic Forum membership lists adopted by the MCDCC, February 9, 1977, and January 21, 1988

Precinct Operations Account Audit Committee

one member of the Precinct Organization from each state senatorial district, elected by the members of the Precinct Organization from that district

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials of Montgomery County, Maryland, § C(4)


Committee

Membership

Source

Precinct Organization

all Precinct Chairpersons, Precinct Vice Chairpersons, and Area Coordinators

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials of Montgomery County, Maryland

Precinct Organization Committee

- - -

Precinct Chair and Vice Chair Removal and Suspension policy adopted by the MCDCC, September 20, 1978; Ballot Questions policy adopted by the MCDCC, October 6, 1994; Policy on Filling Precinct Chair and Vice Chair Vacancies adopted by the MCDCC, May 9, 1995[68]; Policy on Legislative Redistricting and Party Organization, adopted by the MCDCC, May 14, 2002, and amended June 11, 2002, and March 14, 2006

Precinct Review Committee

at least three precinct chairpersons (appointed by the Central Committee)

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials of Montgomery County, Maryland, § C(2)(d)

Rules Committee

- - -

§ 3 of the policy on Chartering Democratic Clubs and Caucuses, adopted by the MCDCC, April 7, 1998[69]

Spring Ball Committee

- - -

Policy on Funds of the Central Committee, adopted by the MCDCC, March 23, 1982; Policy on Spring Ball and Annual County Brunch Tickets, adopted by the MCDCC, September 20, 2001

Student Club Organizing Committee

Chair of the Central Committee to appoint the chair and vice chair from members of the Central Committee, with the chair being one of the student members of the Central Committee

MCDCC By-Laws, article XI; Policy on Student Membership on the Central Committee (§§ 2 and 5), adopted by the MCDCC, July 13, 1999

Student Volunteer Mobilization Committee

Chair of the Central Committee to appoint the chair and vice chair from members of the Central Committee, with the chair being one of the student members of the Central Committee

MCDCC By-Laws, article XI; Policy on Student Membership on the Central Committee (§§ 2 and 5), adopted by the MCDCC, July 13, 1999

Committee

Membership

Source

Sunshine Committee

- - -

Policy on Expressions of Sympathy and Recognitions of Achievements, § 6, adopted by the MCDCC, September 14, 1999

Trustees Group

all former Montgomery County Democratic elected officials

Organization of the Montgomery County Democratic Trustees Group, adopted by the MCDCC, December 8, 2003[70]

Voter Registration Committee

- - -

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials of Montgomery County, Maryland, § C(2)(d)

Former permanent committees of the Montgomery County Democratic Party:

Committee

Membership

Source

Networking Committee

- - -

Originally designated as a permanent committee April 11, 1995 by Central Committee By-Laws article XI §§ 1(b) and 2(b). Permanent status withdrawn July 13, 1999 by the adoption of the general revision of article XI.

Political Inclusion Effort Committee

- - -

Originally designated as a permanent committee April 11, 1995 by Central Committee By-Laws article XI § 2(c). Permanent status withdrawn July 13, 1999 by the adoption of the general revision of article XI.

Student Elections Oversight Committee

Secretary of the Central Committee and two members each of the Networking Committee, the Political Inclusion Effort Committee, and the Rules Committee

Originally designated as a permanent committee April 11, 1995 by Central Committee By-Laws article XI §§ 1(b) and 2(b). Permanent status withdrawn July 13, 1999 by the adoption of the general revision of article XI.

Young Democratic Leadership Council

One representative from each high school and/or collegiate Democratic club chartered by the Central Committee[71]

Originally designated as a permanent committee April 11, 1995 by Central Committee By-Laws article XI § 1. Permanent status withdrawn July 13, 1999 by the adoption of the general revision of article XI.


Comptroller

The Chairperson, Vice Chairperson, Assistant secretary, and Comptroller are to be bonded … [as are] the Treasurer, Assistant Treasurer, Secretary and Office Secretary …

Adopted by the Montgomery County Democratic Central Committee, November 19, 1975


Computers

(see also Data and Records Custody and Release; and Web Site)

1. Computer Committee

A task force is formed to monitor the Montgomery County Democratic central Committee’s computer needs and servicing.

Adopted by the Montgomery County Democratic Central Committee, March 17, 1971

2. Purchase of Computers

Any computer accepted by the MCDCC should be union made.

Adopted by the Montgomery County Democratic Central Committee, October 20, 1983

3. Computer Use Guidelines

        OPERATION

  1. The Central Committee Secretary and Office Manager will control and authorize all access to the computer. No person will operate the computer without their approval.

  1. The computer will normally not be used at night to print out information. Night-time work, developing [programs and entering data, will only be done with the approval of the Central Committee Chairman, Secretary and/or Office Manager.

  1. The computer will not be used at night during any year I n which there is a gubernatorial primary election until after the primary.

        USE AND DISTRIBUTION OF MAILING LABELS[72]

        SPECIAL PROJECTS

  1. [73] Individually requested special projects involving use of the computer will be approved by the Central Committee on a case-by-case basis. The cost of such projects will be determined at that time.

Adopted by the Montgomery County Democratic Central Committee, February 27, 1985


Contracts

Elected Officials, Precinct Officials and interested Democrats are to be notified of [the Central Committee’s] … intent to let a contract before we hire.

Adopted by the Montgomery County Democratic Central Committee, August 14, 1975


Contributions to the Central Committee

(see also Funds of the Central Committee; Treasurer of the Central Committee)

Maryland Election Code § 13-226(c): Contributions other than transfers –

c) Special limit for central committees.

  1. Notwithstanding subsection (b) of this section, a central committee of a political party or legislative party caucus committee may make aggregate in-kind contributions to a single candidate during an election cycle that are not in excess of:
  1. for a State central committee or legislative party caucus committee, $ 1 for every two registered voters in the State; and
  2. for a local central committee, $ 1 for every two registered voters in the county.
  1. For the purposes of paragraph (1) of this subsection, the number of registered voters is determined, regardless of party affiliation, as of the first day of the election cycle.

Maryland Election Code § 13-226 (c) [2014 ed.]

Maryland Election Code § 13-247. Disposition of surplus funds


After all campaign expenditures have been made and before filing a final campaign finance report under Subtitle 3 of this title, any remaining balance in the account of a campaign finance entity shall be returned pro rata to the contributors or paid to:

  1. if the campaign finance entity is a personal treasurer or a political committee formed to support a candidate or act for a political party:
  1. the State central committee of the political party:
  1.  of which the candidate is a member; or
  2.  for which the political committee is acting;
  1. the local central committee of the political party:
  1.  of which the candidate is a member in a county in which the candidate resides or which the candidate seeks to represent; or
  2.  for which the political committee is acting;

Maryland Election Code § 13-247 (1)(i)(ii) [2014 ed.]


County Council Redistricting Commission

SECTION 104.   Redistricting Procedure

The boundaries of Council districts shall be reviewed in 1972 and every tenth year thereafter. Whenever district boundaries are to be reviewed, the Council shall appoint, not later than February 1 of the year before the year in which redistricting is to take effect, a commission on redistricting. The Commission shall be composed of four members from each political party chosen from a list of eight individuals submitted by the central committee of each political party which polled at least fifteen percent of the total vote cast for all candidates for the Council in the last preceding regular election. Each list shall include at least one individual who resides in each Council district, and the number of members of the Commission who reside in the same Council district shall not exceed the number of political parties which submitted a list to the Council. The Commission shall, at its first meeting, select one of its members to serve as its chair. No person who holds any elected office[74] shall be eligible for appointment to the Commission.

By November 15 of the year before the year in which redistricting is to take effect, the Commission shall present a plan of Council districts, together with a report explaining it, to the Council. Within thirty days after receiving the plan of the Commission, the Council shall hold a public hearing on the plan. If within ninety days after the presentation of the Commission’s plan no other law reestablishing the boundaries of the Council districts has been enacted, then the plan, as submitted, shall become law.

Montgomery County Charter, § 104,

as amended November 2, 1982, and November 3, 1998

A regulated lobbyist may not:

   (14) if serving on the State or a local central committee of a political party, participate:

           (iii) in actions related to filling a vacancy in a public office.

Maryland Code (state Government) § 15-713(14)(iii) [2002]

Procedures for Selecting the Central Committee’s Nominees to the County Council Redistricting Commission:

[1] The candidates will be invited alphabetically to address the Central Committee for up to one minute each. A representative may speak for any candidate who is not present.

[2] Once all the candidates have had an opportunity to speak, the members of the Committee may question the candidates in open session.

[3] After the questioning (if any) is completed, a motion may be made to go into executive session to discuss the selection as a personnel matter.

[4] If no motion to go into executive session is made or adopted (or, alternatively, after the completion of the executive session), the Central Committee will elect its nominees by secret ballot.

[5] For balloting, the candidates will be divided into Council Districts, and one person will be elected as the Central Committee’s nominee from each Council District. Each member of the Central Committee may cast up to one vote for each Council District.

[6] To be elected as the Central Committee’s nominee, a candidate must receive at least an absolute majority of the votes cast. In the even that no candidate from a particular District receives an absolute majority of the ballots cast, than any candidates who received no votes and the candidate in that District who received the least number of votes over zero, will be dropped from the ballot and a new ballot will be held. This will continue until one person is elected as the Central Committee’s nominee from each Council District.

[7] After the balloting for the five Council Districts positions has been completed, all of the candidates who were not successful will be considered for three at large seats. Balloting for the at large seats will begin immediately after the completion of the selection of the five Council District nominees. Each member of the Central Committee may cast up to as many votes as there are positions remaining to be filled.

[8] To be elected as the Central Committee’s nominee, a candidate must receive at least an absolute majority of the ballots cast. In the event that fewer candidates receive an absolute majority of the ballots cast, then there are positions remaining,

This will continue until one person has been elected as the Central Committee’s nominee for each position.

[9] The Assistant Secretary will collect all ballots and the Secretary and Assistant Secretary will tally the ballots. Each candidate may designate one observer to watch the tallying of the ballots. Proxies must be presented to the Secretary before any ballots are put into the ballot box.

Procedures for Selecting the Central Committee’s Nominees to the

County Council Redistricting Commission,

adopted by the Montgomery County Democratic Central Committee, November 14, 2000


County Council Vacancies

(see also: Candidate Vacancies)

SECTION 106. Vacancies

        A vacancy shall occur when any member of the Council shall, before the expiration of the term for which the member was elected, die, resign the office, become disqualified for membership on the Council, or be removed from office. Unless the Council has provided by law for filling a vacancy by special election, the following process for filling a vacancy shall apply. When a vacancy has occurred, a majority of the remaining members of the Council shall appoint a person to fill the vacancy within thirty days. An appointee to fill a vacancy, when succeeding a party member, shall be a member of the same political party as the person elected to such office at the time of election. If the Council has not acted within thirty days, the County Executive shall appoint a person to fill the vacancy within ten days thereafter. If a person having held the vacant position was a member of a political party at the time of election, the person appointed by the County Executive shall be the nominee of the County Central Committee of that party. An appointee shall serve for the unexpired term of the previous member.

        Any member appointed to fill a vacancy shall meet the same qualifications and residence requirements as the previous member.

Montgomery County Charter, § 106,

as amended November 2, 1982, November 8, 1988, and November 3, 1998

Filling vacant Elective Offices – From time to time a local Democratic Central Committee may be empowered or required by law of the Constitution and By-laws of the Maryland Central Committee to fill vacant elective office. In such an event, the local Democratic Central Committee shall insure that reasonable public notice is given concerning the vacancy, the procedure for filling the vacancy, and the qualifications and requirements for candidates to fill the vacancy. Meetings held by a local Democratic Central Committee for the purpose of filling such a vacancy shall be open to the public, and votes for the purpose of filling the vacancy shall be conducted by roll call.

Maryland Democratic Party By-Laws, article IX, § 6


County Executive Vacancies

(see also: Candidate Vacancies)

SECTION 205. Vacancy

A vacancy in the office of the County Executive shall exist upon the death, resignation, disqualification, or removal of the County Executive. The Council, by a vote of not less than five members, shall appoint a successor to fill the vacancy within forty-five days of the vacancy. An appointee to fill the vacancy, when succeeding a party member, shall be a member of the same political party as the person elected to such office at the time of election. If the Council has not made an appointment within forty-five days, the Council shall appoint within fifteen days thereafter the nominee of the County Central Committee of the political party, if any, of the person elected to such office. The Chief Administrative Officer shall act as the County Executive and perform all duties of that office until such time as the vacancy has been filled.

Montgomery County Charter, § 205


Filling vacant Elective Offices – From time to time a local Democratic Central Committee may be empowered or required by law of the Constitution and By-laws of the Maryland Central Committee to fill vacant elective office. In such an event, the local Democratic Central Committee shall insure that reasonable public notice is given concerning the vacancy, the procedure for filling the vacancy, and the qualifications and requirements for candidates to fill the vacancy. Meetings held by a local Democratic Central Committee for the purpose of filling such a vacancy shall be open to the public, and votes for the purpose of filling the vacancy shall be conducted by roll call.

Maryland Democratic Party By-Laws, article IX, § 6


County Fair

Each district is to take one day at the fair to work the tent.

Adopted by the Montgomery County Democratic Central Committee, July 11, 1979

        The facilities and property of the Democratic Central Committee are to be used exclusively to further the interests of the Democratic Party and are not available for use in non-partisan elections. This includes, but is not limited to … the Democratic tent at the Montgomery County Fair …

        The Executive Secretary has the authority and the responsibility to determine the nature of any request to utilize MCDCC facilities and to reject any inappropriate use as described above. The Committee retains final authority in situations in which questions arise.

Adopted by the Montgomery County Democratic Central Committee, September 16, 1987

Any organization chartered by the Central Committee can put whatever material the organization wants to in the Democratic tent [at the County Fair], provided that the material contains a disclaimer and provided the material is in good taste. The Co-Chairs of the County Fair Committee will be in charge of seeing to it that all material in the tent from chartered organizations meets these criteria.

Adopted by the Montgomery County Democratic Central Committee, August 8, 1995

Each organization chartered by the Montgomery County Democratic Central Committee is entitled to the following benefits (at the organization’s request). Organizations not chartered by the Central Committee will not be entitled to these benefits.

  1. May have literature displayed in the Democratic Party tent at the Montgomery County Fair.

Adopted by the Montgomery County Democratic Central Committee, April 7, 1998

School Board [campaign] literature may not be displayed in the Democratic tent.

Adopted by the Montgomery County Democratic Central Committee, August 11, 1998


Data and Records Custody (and Release)[75]

(see also Mail Services; and World Wide Web Site policy)

1. Examination of Records

All records of the Central Committee, including financial records, are open for examination by any registered Democrat in Montgomery County during the regular office hours of by appointment under the supervision of the Secretary, Assistant Secretary or Office Manager, subject only to the previously adopted exception of the membership roster of Plowman and Fisherman.[76]

Adopted by the Montgomery County Democratic Central Committee, March 23, 1977

2. Policy Regarding Release of Data

  1. We will make the precinct directory available for free once a year at a meeting of the precinct organization. At that time, directories will be made available to precinct chairs, vice chairs, area coordinators, elected officials or any Democratic candidate, incumbent or non-incumbent. Democrats who cannot attend these meetings can pick up the directories from the MCDCC office. Updated district directories will be distributed at the second precinct organization meeting each year.

  1. We will also make updated precinct directories available to any Democratic candidate (incumbent or non-incumbent), precinct official, or chartered organization for free, but will satisfy only one such request in a year. If more than one updated directory is provided in a year, there will be a charge of $25 for each update. We will provide one copy per month of the circulation list for free upon request. District directories for their district are to be made available for free to District Liaisons upon request.

  1. We will continue to make labels available upon request to Democratic candidates (incumbent or non-incumbent), precinct officials, or chartered organizations, for the following categories: precinct officials, elected officials, former elected officials (trustees0 and donors and activists in our database. We will charge 7.5 cents per label. For purposes of coordinating a Dollar Drive there will be no charge to precinct officials for printing labels in their precinct as long as the MCDCC Treasurer oversees it.

  1. We will not release telephone numbers of donors who are not elected officials or precinct officials, except where such release is for a specific purpose approved by a majority vote of MCDCC members present at a meeting.

  1. We will not release data on precinct officials, donors or activists in an electronic form, except where such a release is for a specific purpose approved by a majority vote of MCDCC members present at a meeting.

  1. It is our intent to make voter data provided by the State Democratic Party available to any Democratic candidate upon request at no charge.  It may be necessary to impose a reasonable charge for this data.

  1. The term “upon request” in this statement means as soon as it is practicable for MCDCC staff to meet the request. Other MCDCC priorities, as determined by the MCDCC chair and/or the full MCDCC, will take precedence over satisfying requests for data from outside parties.

Policy Regarding Release of Data,

adopted by the Montgomery County Democratic Central Committee, May 12, 1998[77]

3. Printouts of Registered Voters

The [voter] print-outs are the property of the Central Committee placed in the care of each precinct chairman who are charged with their safekeeping. Arrangements to copy [a] list should be made with individual precinct chairmen and the Central Committee encourages the precinct chairmen to cooperate in making the list available upon request by either a member of the Central Committee or by an individual designated by a Democratic campaign committee.

Adopted by the Montgomery County Democratic Central Committee, March 15, 1972

The Secretary is authorized to obtain a printout [of the registered voter list] for each precinct if it found to be economically feasible.[78]

Adopted by the Montgomery County Democratic Central Committee, April 12, 1978[79]

4. Availability of Specific Reports

The history of primary elections prepared by the T[ask] F[orce] on Candidate Selection shall be available for sale at the price of $2.00 per copy.

Adopted by the Montgomery County Democratic Central Committee, April 27, 1977


Democratic Forum

A list of new Democratic Forum members is to be made available on the table at each MCDCC meeting, along with the Plowman and Fisherman list. A financial accounting of the Forum will be provided, as well.

Adopted by the Montgomery County Democratic Central Committee, January 21, 1988

PATRONS

Annual Dues: $1,000

BENEFACTORS

Annual Dues: $500


SPONSORS

Annual Dues: $300

Adopted by the Montgomery County Democratic Central Committee, February 7, 1995

The Legal Counsel [of the central Committee] will be a Sponsor member of the Democratic Forum and will be exempt from paying dues for that membership…

Policy on the Legal Counsel, § 2,

adopted by the Montgomery County Democratic Central Committee, September 20, 2001

All trustees are encouraged to be active in … Democratic Forum … activities and operations.

Organization of the Montgomery County Democratic Trustees Group, § 4,

adopted by the Montgomery County Democratic Central Committee, December 8, 2003


District Liaisons[83], [84]

(see also Liaison I, Liaison II, and District Meetings)

Beginning with the 1995-96 Dollars Drive, each precinct’s goal is to raise a minimum of 25 cents for each registered Democrat in their precinct (with a target goal of 41 per Democrat). For those precincts with fewer than 400 registered Democrats, the precinct chair and the District Liaison shall agree upon a goal. Precincts will be credited, after Dollars Drive expenses are deducted, 10% of funds up to the goal and 20% of the net funds raised above the goal.

Adopted by the Montgomery County Democratic Central Committee, February 7, 1995[85]

amended by the Montgomery County Democratic Central Committee, March 13, 1995

We will also make updated precinct directories available to any Democratic candidate (incumbent or non-incumbent), precinct official, or chartered organization for free, but we will satisfy only one request in a year. If more than one such updated directory is provided in a year, there will be a charge of $25 for each update. We will provide one copy per month of the circulation list for free upon request. District directories for their district are to be made available for free to District Liaisons upon request.

Policy Regarding Release of data, § 2,

adopted by the Montgomery County Democratic Central Committee, May 12, 1998

The Assistant Secretary shall: …

9. Notify the Montgomery County Board of elections of the names and addresses of the district liaisons and the Chair of the Elections Procedures Committee, each time any of those positions are newly filled, and request that the Board of Elections notify the Chair of the Elections Procedures Committee and the appropriate district liaison each time that the Board or its staff is studying a change of precinct boundaries, voting locations, permissible campaigning locations at a polling site, or any similar issue.

Duties of the Assistant Secretary, § 9,

adopted by the Montgomery County Democratic Central Committee, April 13, 1999


Dollars Drive[86]

Area coordinators … will be expected to identify problem areas and coordinate activities between precincts and the Montgomery County Democratic Central Committee regarding meetings, dollar drives, general elections, and other party activities …

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials

of Montgomery County, Maryland, § B[87]

The duties of the officers shall be as follows:

(a) Duties of the Precinct Chairperson – The Chairperson shall be the Chief Executive Officer of the Precinct. The Chairperson shall be responsible for the organization and administration of precinct affairs and activities and shall be specifically responsible for the following:

        (4) Organizing and directing the Dollars for democrats drive and delivering funds and receipts to the Montgomery County Democratic Central Committee promptly.

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials

of Montgomery County, Maryland, § C(2)(a)(4)

Loans up to $50, subject to the approval of the Party Chairperson or his designee, are authorized to those precinct[s] which make written request for money to carry on precinct activities. Money will be repaid out of Dollars Drive receipts.

Adopted by the Montgomery County Democratic Central Committee, August 27, 1975

Program [OF THE Labor Advisory Committee]:

        1. …

        2. …

        3. …

        4. Assist in Dollars for Democrats drive whenever needed.

Adopted by the Montgomery County Democratic Central Committee, December 14, 1977

Separate repayment is required of advances (transfers out) by the Dollars Drive and any other fund-raising activity which establishes a separate account.

Adopted by the Montgomery County Democratic Central Committee, August 15, 1979

Beginning with the 1995-96 Dollars Drive, each precinct’s goal is to raise a minimum of 25 cents for each registered Democrat in their precinct (with a target goal of $1 per Democrat). For those precincts with fewer than 400 registered Democrats, the precinct chair and the District liaison shall agree upon a goal. Precincts will be credited, after Dollars Drive expenses are deducted, 10% of funds up to the goal and 20% of net funds raised above the goal.

Adopted by the Montgomery County Democratic Central Committee, February 7, 1995[88]

amended by the Montgomery County Democratic Central Committee, March 13, 1995

The Kominers Cup is to be awarded jointly to the precinct that raises the largest amount of money in the Dollars Drive and the precinct that raises the largest amount of money per registered Democrat in the precinct in the Dollars Drive.

Adopted by the Montgomery County Democratic Central Committee, April 7, 1998[89]


Certificates of Appreciation are to be awarded at the Holiday Party (rather than at the Spring Ball) with an emphasis on Dollars Drive performance (though not exclusively).

Adopted by the Montgomery County Democratic Central Committee, April 7, 1998

The Assistant Secretary shall: …

  1. Maintain the plaque(s) of winners of the Rosalie Reilly, Democrat of the Year, Morgan-Jerney, and Dean-Peacock Awards and see to it that it is prominently displayed in the County Democratic Party Headquarters, as required by the policy adopted by the Democratic Central Committee on April 12, 1989, and similarly maintain plaque(s) for the Kelsey Cooke Award and Lucille Maurer Award and maintain the Kominers Cup …

Duties of the Assistant Secretary, § 8,

Adopted by the Montgomery County Democratic Central Committee, April 13, 1999

Dollars Drive Accounting

§ 1. Fiscal Year.

The Dollars Drive for each year will include all funds raised for the Drive from July 1 to June 30.

§ 2. Annual Report.

The treasurer of the Central Committee (with the assistance of the Assistant Treasurer of the Central Committee) will compile an annual Dollars Drive accounting report that will be presented to the Central Committee at its regular August meeting. The annual report will indicate how much money net) was raised by each precinct in the Dollars Drive, how much money was allocated to each precinct as a result of the money they raised in the Dollars Drive, and how much money is ion each precinct’s account in the Precinct operations account (formerly the Precinct Trust Fund). The report will also indicate which precinct raised the largest amount of money (net) in the Dollars Drive and which precinct raised the largest amount of money (net) per registered Democratic voter in the Dollars Drive.

§ 3. August 2003 Report.

In addition to the information required in § 2, the annual report to be submitted at the August 2003 meeting of the Central Committee should also indicate:

  1. For the 2001-2002 Dollars Drive which precinct raised the largest amount of money (net) and which precinct raised the largest amount of money (net) per registered voter; and
  2. For the 2000-2001 Dollars Drive which precinct raised the largest amount of money (net) and which precinct raised the largest amount of money (net) per registered voter.

§ 4. Superseded Provisions.

This policy supersedes the policy starting the Dollars Drive, adopted by the Central Committee, June 30, 1976.[90]

Dollars Drive Accounting Policy,

adopted by the Montgomery County Democratic Central Committee, march 11, 2003


All Trustees are encouraged to be active in … Dollars Drive campaign … activities and operations.

Organization of the Montgomery County Democratic Trustees Group, § 4,

adopted by the Montgomery County Democratic Central Committee, December 8, 2003


Duplicating Services[91]

Use of the copier machine will be charged at 15 cents per copy.

Adopted by the Montgomery County Democratic Central Committee, May 12, 1982

The following indicates the services which will be made available by the Montgomery County Democratic Central Committee to all Democratic Primary Election candidates and all the conditions which must be met to obtain those services:

4. Duplicating of general material may be done in the MCDCC office provided clean copy is submitted. Use of the electronic stencil and mimeograph machines will be made available on the same cost basis as to Democratic Clubs and precinct officials on an “as time allows” basis (after regular MCDCC work). Schedule of charges on reverse side.[92]

Adopted by the Montgomery County Democratic Central Committee, August 5, 1985


Election Judges

… Precinct Chairpersons, Vice Chairpersons, and Area Coordinators may not serve as an election judge or registration officer on election day.

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct officials

of Montgomery County, Maryland, § A(3)

Duties of the Precinct Chairperson – The Chairperson shall be the Chief Executive Officer of the Precinct. The Chairperson shall be responsible for the organization and administration of precinct affairs and activities and shall be specifically responsible for the following:

(5) Recommending to the Board of Elections individuals to serve as election judges for the precinct.

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct officials

of Montgomery County, Maryland, § C(2)(a)(5)


Emeritus Positions

§ 1. General.

   When the Central Committee wishes to honor a precinct official who has served the party long and well and/or who has previously received one of the primary awards of the Party, the Central Committee may designate them as a Precinct Official Emeritus.

§ 2. Selection.

   The Central Committee will select Precinct Officials Emeritus in executive session. Voting will be by hand vote. A two-thirds majority of the votes cast for an award is needed for a nominee to win an award.

§ 4. Term of Appointment.

   Any person who has been designated Precinct Official Emeritus shall have that title for life.

§ 5. Minutes.

   Any reports concerning the nominations and selection of Precinct Officials Emeritus will not list the nominees or nominators, or the number of votes received by any nominee. The reports include the minutes of the Central Committee and the confidential summary of the Central Committee executive sessions.

§ 6. Publication.

   Every Precinct directory published by the Party will contain a list of all persons who have been designated as a Precinct Official Emeritus. The Spring Ball ad book and the Party’s web site will also include a list of all persons who have been designated as a Precinct Official, Emeritus.

§ 7. Montgomery Democrat subscription.

   Each Precinct Official Emeritus shall receive a complimentary subscription to the Montgomery Democrat.

§ 8. Definitions.

   For purposes of this policy, the “primary awards of the Party” include the

Precinct Official Emeritus Policy,

adopted by the Montgomery County Democratic Central Committee, January 14, 2003

1. Proposed Policy for Designating Central Committee Members Emeritus

§ 1. General.

   When the Central Committee wishes to honor a former Central Committee member who was elected by the voters but who was not able to complete their current term, but who has worked hard for the Party, the Central Committee may designate them as central Committee Emeritus.

§ 2. Selection.

   The Central Committee will select Central Committee Members Emeritus in executive session. Voting will be by hand vote. A two-thirds majority of the votes cast for an award is needed fro a nominee to win an award.

§ 4. Term of Appointment.

   Any person who has been designated as a Central Committee Member Emeritus shall have that title for what would have been the remainder of their term as a member of the Central Committee.

§ 5. Minutes.

   Any reports concerning the nominations and selection of Central Committee Members Emeritus will not list the nominees or nominators, or the number of votes received by any nominee. The reports include the minutes of the Central Committee and the confidential summary of the Central Committee executive sessions.

§ 6. Montgomery Democrat subscription.

   Each Central Committee Member Emeritus shall receive a complimentary subscription to the Montgomery Democrat.

§ 7. Meetings.

   Each Central Committee member Emeritus shall have the same rights at meetings of the County Central Committee as non-voting members of the Committee.

The motion was discussed and approved by voice vote, without objection

by the Montgomery County Democratic Central Committee, April 14, 2009

2. Central Committee Member Emeritus

Policy on Emeritus Positions,

adopted by the Montgomery County Democratic Central Committee, April 14, 2009


Executive Committee

Prior to every primary and general election, the Chair of the Central Committee (or the Chair’s representative) will inspect the proposed ballot faces prepared by the Montgomery County Board of Elections, as soon as the ballot faces are available for public inspection. If, in the o[pinion of the Executive Committee, the ballots should be challenged, the Executive Committee may make such a challenge on behalf of the Central Committee. The Central Committee reserves the right to modify any position taken on its behalf.

Policy on Ballot Inspection,

adopted by the Montgomery County Democratic Central Committee, October 8, 2002


Finance Law Opinion

        “In our opinion, if a campaign finance entity were to make a contribution (i.e. transfer) to a political party with the proviso that it could only be devoted to the party’s ongoing administrative expenses unrelated to any particular election, that expenditure would be for a nonelectorial purpose and would not be a permissible expenditure by the campaign finance entity under Campaign Finance Law.”

Letter to Jared DeMarinis, from Attorney General Douglas F. Gansler, dated August 6, 2007

92 Op. Att’y Gen. 92, 105-106


Funds of the Central Committee[93]

(see also: Assistant Treasurer of the Central Committee; Contributions to the Central Committee; Payments; and Treasurer of the Central Committee)

The Secretary and Treasurer each are authorized to approve up to $50 per quarter in unusual expenditures without asking for C[entral] C[ommittee] authorization.

Adopted by the Montgomery County Democratic Central Committee, November 19, 1975

All records of the Central Committee, including financial records, are open for examination by any registered Democrat in Montgomery County during regular office hours or by appointment under the supervision of the Secretary, Assistant Secretary, or Office Manager, subject only to the previously adopted exception of the membership roster of Plowman and Fisherman.

Adopted by the Montgomery County Democratic Central Committee, March 23, 1977

The Central Committee will prepare its financial reports on a fiscal year basis (July 1 to June 30).

Adopted by the Montgomery County Democratic Central Committee, September 7, 1977[94]

Separate repayment is required of advances (transfers out) by the Dollars Drive and any other fund-raising activity which establishes a separate account.

Adopted by the Montgomery County Democratic Central Committee, August 15, 1979

One individual is to be appointed to be responsible for a fund-raising activity[95] and that person is requested to prepare a report after the activity detailing the sources of income, categories of expenditure, statement of net income and recommendations for future similar events.

Adopted by the Montgomery County Democratic Central Committee, August 15, 1979

There is established a separate category for direct Central Committee campaign expenses during any campaign year.

Adopted by the Montgomery County Democratic Central Committee, August 15, 1979

(1) A debt caused by the use of Central Committee services is to be paid at the time of pick-up by candidates during a primary campaign; (2) clubs with more than 3 months in arrears on a debt to the Central Committee must pay at time of pick-up; [and] (3) individuals and non-Democratic clubs are to pay cash on delivery.

Adopted by the Montgomery County Democratic Central Committee, February 20, 1980

The Spring Ball Committee is allowed to accept advertising from cable-TV firms. Cable-TV ad book revenue is to be segregated and those funds are only to be used for office overhead expenses.

Adopted by the Montgomery County Democratic Central Committee, March 23, 1982


New expenditures over $100.00 require [Central] Committee approval, unless previously approved by the Committee. A voucher system will be used for this accountability.

Adopted by the Montgomery County Democratic Central Committee, April 12, 1989

The Chairman and Treasurer are authorized to sign checks. All checks of $500 or more are to be signed by both the Chairman and the Treasurer, except routine recurring checks (e.g., payroll and rent) need only one signature.

Adopted by the Montgomery County Democratic Central Committee, September 19, 1994,

amended by the Montgomery County Democratic Central Committee, October 19, 1994

The Treasurer is authorized to establish two money market accounts for funds in excess of what … [the Central Committee] need[s] on a daily basis.

Adopted by the Montgomery County Democratic Central Committee, April 13, 1999

[A] money market account [is to] be established with Sun trust Bank and … any expenditure from the account over $500 must be approved by the Chair.

Adopted by the Montgomery County Democratic Central Committee, May 13, 2003


Funds of the Precincts

(see also: Dollars Drive)

Duties of the Precinct Chairperson – The [Precinct] Chairperson shall be the Chief Executive Officer of the precinct. The Chairperson shall be responsible for the organization and administration of precinct affairs and activities and shall be specifically responsible for the following:

(7) Supervising the expending of precinct funds for expenses in fulfillment of the duties and responsibilities of the office.

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials

of Montgomery County, Maryland, § C(2)(a)(7)

Treasurer – the Treasurer of the precinct shall be the custodian of precinct funds, shall maintain a precinct bank account and shall make such financial reports as may be required by the Precinct Chairperson. The Treasurer shall also make an annual report to the Democratic Central Committee and such other reports as required by the Central Committee through the precinct Chairperson. Financial records of the precinct shall be permanent records and shall be transferred to successors in office under the supervision of the Precinct Chairperson, the Area Coordinator, and the Democratic Central Committee.

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials

of Montgomery County, Maryland, § C(2)(f)

3. Records.

When the new precinct officials take office, all precinct records, including financial records, shall be transferred to the new officials.

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials

of Montgomery County, Maryland, § C(3)

4. Precinct Operations Account.

The precinct officials of each state senatorial district will meet at least once each year and elect one of their members to serve as a member of the Precinct Operations Account Audit Committee. Each precinct will have an entry in the Precinct Operations Account. The Montgomery County Democratic Central Committee will maintain all account records and file all legally required reports. The Precinct Operations Account Audit Committee will have access to all records concerning the Operations account. Money in each precinct’s entry in the Precinct Operations Account may be spent only for: (1)  education and communication with voters in the precinct; (2) the precinct’s fund raising for the Montgomery County Democratic Party; (3) support of Democratic candidates in General Elections; or (4) events sponsored by the Montgomery County Democratic Central Committee. All expenses must be documented by a written receipt and expenditure approved by the Precinct Chairperson (in writing) and submitted to the Treasurer of the Central Committee. No person may incur a debt on behalf of the Central Committee without the approval of the Central Committee (or by approval of officials authorized by the Central Committee). A reserve of the lesser of

  1. $5,000; or
  2. The total of all the entries in the Precinct Operations Account

will be maintained by the Central Committee to pay all of the expenditures authorized by this subsection.

Rules Governing Qualifications, Elections and Meetings of Democratic Precinct Officials

of Montgomery County, Maryland, § C(4)

When an existing precinct is divided to form two or more precincts, the amount of money in the precinct treasury shall be divided among the new precincts in proportion to the number of registered Democrats in each, subject to an appeal by any precinct involved to the Central Committee for a different percentage allocation based on unusual circumstances. The same procedures shall be followed if three or more new precincts are created from two or more precincts.

Adopted by the Montgomery County Democratic Central Committee, January 25, 1978[96]

A voucher system will be used by Precinct Officials for withdrawal from the Precinct Trust Fund[97].

Adopted by the Montgomery County Democratic Central Committee, April 12, 1989

Separate bank accounts for the precinct trust fund moneys should be discontinued and the funds transferred to the appropriate Federal or non-Federal bank account. The name “Precinct Trust Fund” should be dropped and book entries only be maintained of precinct accounts. These accounts will be called “Precinct Operations Accounts”.

Adopted by the Montgomery County Democratic Central Committee, February 7, 1995,

amended by the Montgomery County Democratic Central Committee, March 13, 1995

  1. It is the policy of the Central Committee to encourage precincts to hold fundraisers, particularly when several precincts in the same area hold them jointly.

  1. If one or more precincts request more money than they have in their entry in the Precinct Operations Account, and they have requested the money for the purpose of doing fundraising, the Chair and Treasurer of the Central Committee may jointly approve the loan of the funds provided that the request is made in writing by the Chair(s) of the precincts requesting the loan and includes a detailed description of the fundraising activity.

  1. Before approving a loan, the Chair and Treasurer of the Central Committee must have a reasonable expectation that the fundraising activity will show a profit.

  1. All expenses that the loan is used for must be documented by a written receipt and expenditure approved by the appropriate Precinct Chair (in writing) and submitted to the Treasurer of the Central Committee.

  1. The total amount of funds loaned to precincts may not exceed 20% of the total of the Precinct Operations Account. The Treasurer will provide the Central Committee with a monthly written report listing all outstanding loans and their status. No loans may be forgiven without approval of the Central Committee.

  1. This policy supersedes the policy on loans to precincts adopted by the Central Committee on August 27, 1975[98].

Policy on Providing Seed Money to Precincts,

adopted by the Montgomery County Democratic Central Committee, April 11, 2001

The Treasurer of the Central Committee (with the assistance of the Assistant Treasurer of the Central Committee) will compile an