Texas Democratic Party (TDP) Rules

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    THE RULES OF THE

    TEXAS DEMOCRATIC PARTY

    State Democratic Executive Committee

    505 W. 12th Street, Suite 200

    Austin, TX 78701

    (512) 478-9800

    www.txdemocrats.org

    2008-2010

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    February 2010

    Dear fellow Democrat,

    The distinction between our Texas Democratic Party and the GOP was perhaps never clearer than duringthis past decade.

    While many of our friends and neighbors faced difcult times, Republican career politicians continuallychose to put special interest contributors ahead of the needs of Texas families. Whether they were spendingmillions of taxpayer dollars on mid-decade redistricting or hurting everyday Texans by deregulating utilities

    and cutting childrens health insurance, it was obvious whose side they were on.

    While failed Republican politicians were ghting for their special interest cronies, your Texas DemocraticParty was ghting for you. Together we turned major urban counties blue, made gains across Texas andcontinually picked up more seats in the state legislature than anyone thought possible. And as we continuedto elect more Democrats to ofce, we were successful in blocking Republican efforts to enact a number ofeven more destructive policies.

    Texas Democrats made progress against failed Republican policies such as ghting to undo a Republican

    school funding freeze that threatened local school districts with property tax hikes and academic cutbacks.

    Texas Democrats worked tirelessly to put a roadblock in front of Rick Perrys Trans Texas Corridor - a plan

    for a foreign-operated tax and toll asco that would have taken almost 600,000 acres of Texas land. And it

    was Texas Democrats who helped restore CHIP coverage for thousands of Texas kids, who were booted off

    the rolls by Republicans.

    Success has given us momentum and Texas Democrats are more determined than ever to undo the greatmany harmful Republican policies that have plagued Texans over the last decade. It wont be easy but byorganizing everywhere and continuing to ght in every corner of the state, we will succeed.

    The most critical ingredient on our path to victory is a strong grassroots infrastructure. Thats why I encourageyou to read these rules that govern your Texas Democratic Party and get even more involved.

    Together, we will achieve statewide success, take back the peoples House, replace failed Republicanpoliticians all over Texas and when were done - Texans will nally have the fair representation and genuine

    leadership they deserve.

    Your friend and fellow Democrat,

    Boyd L. Richie

    Chairman

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    Letter from the State Chair ... 1

    010 Election Calendar . 4

    ULES OF THEEMOCRATIC PARTY OF TEXAS

    . STATEMENT OF PRINCIPLES. 5

    A. Beliefs.. 5

    B. Declarations 5

    I. NAME, MEMBERSHIP AND OFFICERS 6

    A. Name ... 6

    B. Membership 6

    C. Party Ofcers .. 6

    II. EXECUTIVE COMMITTEES.... 6

    A. Duties of Executive Committees. 6

    B. General Rules .. 6

    C. Election Matters .. 7

    . Certication of Candidates

    Referendum Issues

    D. State Democratic Executive Committee . 8

    . Ofcers

    . SDEC Members

    . Removal

    . Advisory Committee

    E. County Executive Committee . 11

    . Members

    . Ofcers

    . Qualications

    . Election Procedure

    . Vacancies

    . Duties and Responsibilities

    . Meetings

    . Expenditure of Funds

    . County Executive Committee Quorum

    0. Meeting of the County Executive Committee

    F. District Executive Committee . 14

    . Members

    . Ofcers

    . Duties

    4. Other District Committees

    5. Meetings

    G. Precinct Executive Committee ... 15

    H. Removal From Ofce for Endorsing

    Opposing Party or Candidate . 15

    I. Duties of District Committees in SpecialElections . 16

    IV. PARTY CONVENTIONS .. 17

    A. General Rules Governing PartyConventions 17

    1. Compliance with Rules

    2. Rules

    3. Voting4. Media

    5 Minority Reports

    6. Resolutions

    7. Petition Requirements

    8. Rules

    9. Petition Requirements for Rule Change

    10. Presidential Preference

    11. Balancing Delegations

    12. Ex-Ofcio Delegates13. Public Ofcials

    14. Nominations

    15. Non-Attendance at Prior Convention

    16. Appearing at Committees

    17. Establishment of Districts

    18. Succession of Delegates at NationalConventions

    B. Precinct Conventions . 21

    1. Time and Place

    2. Posting Notice

    3. Publicizing Meetings

    4. Eligibility to Participate

    5. Duties of Convention Ofcers

    6. Order of Business

    7. Submission of Records

    8. Election of Delegates and Alternates

    CONTENTS

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    9. Delegation Chair

    10. Election Procedure in Presidential Years

    11. Election Procedure in Non-PresidentialYears

    C. County and Senatorial Conventions ... 24

    1. Time and Place2. Conditions for Holding Senatorial District

    Convention

    3. Eligibility to Participate

    4. Temporary Roll

    5. Committees

    6. Convention Ofcers

    7. Order of Business

    8. Election of Delegates and Alternates

    9. Delegation Chair10. Election Procedure in Presidential Years

    and in Non-Presidential Years

    11. Succession of Alternates to Delegate Status

    D. State Convention .... 28

    1. Time and Place

    2. Notice

    3. Eligibility to Participate

    4. Purpose

    5. Ofcers and Committees

    6. Order of Business

    7. Presidential Preference Poll inPresidential Years

    8. Election of National Delegates/Alternates

    9. Election of National Committee Members

    10. Election of Presidential Elector Candidates

    11. Succession of Alternates to Delegate Status

    V. CHALLENGES .. 37

    VI. ADOPTION, STATUS, AMENDMENT,PUBLICIZING OF RULES AND

    PARLIMENTARY PROCEDURE . 38

    A. Adoption and Status ... 38

    B. Amendment 38

    C. Publicizing of Rules ... 38

    D. Parliamentary Authority .

    VII. NATIONAL DELEGATE SELECTION

    RULES ...

    A. Delegates

    B. Alternates ...C. Succession of Alternates to Delegate

    Status ..

    D. Guidelines for Representation of theDelegation ..

    How to Be a Delegate to the 2010 Texas StateDemocratic Convention

    SDEC Ofcers, DNC Texas Delegation and

    SDEC Members ...

    Parliamentary Procedures at a Glance .

    Texas Democratic PartyMajority Builder Program

    Majority Builder Enrollment Form ..

    Notes

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    2010 Election Calendar

    Jan. 8 Last day for County Executive Committees to select time andplace for County and Senatorial District Conventions and toconduct drawing for ballot order

    Feb. 1 Last day to register to vote in March Primary

    Feb. 12 First day to apply for ballot by mail for runoffif did not requestrunoff ballot on application for primary ballot

    Feb. 16 First day of Early Voting for March 2nd Primary

    Feb. 23 Last day for County Clerk to receive application for ballot by mailfor primary ballot

    Feb. 26 Last Day of Early Voting for March 2nd Primary

    March 2 PRIMARY VOTING 7 AM to 7 PM; Precinct Conventions 7:15 PM

    March 11 SDEC canvasses primary election results

    March 15 Last day to register to vote for primary runoff

    March 20 County and Senatorial District Conventions select delegates toState Convention in Corpus Christi

    April 5 First day of Early Voting in Primary Runoff

    April 6 Last day for County Clerk to receive application for ballot by mailfor Primary Runoff

    April 9 Last day of Early Voting for Primary Runoff

    April 13 RUNOFF ELECTION for PRIMARY

    April 24 SDEC canvasses primary runoff election results

    June 25-26 State Convention American Bank Center, Corpus Christi

    Sept. 3 First day to apply for ballot by mail for General Election

    Oct. 4 Last day to register to vote in General Election

    Oct. 18 First day of Early Voting for General Election

    Oct. 26 Last day for County Clerk to receive application for ballot by mailfor runoff

    Oct. 29 Last day of Early Voting in General Election

    Nov. 2 GENERAL ELECTION

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    ARTICLE I

    STATEMENT OF PRINCIPLES

    The Texas Democratic Party hereby adopts the

    following Statement of Principles as the foundationfor Party activities at all levels:

    A. Beliefs

    We believe that the Democratic Party, with its greatdiversity, its exibility of organization, its historicadaptability to fruitful change, and its instinctiveresponsiveness to human needs and aspirations, can provide the leadership required in these challengingtimes. We further believe:

    1. That we must join together with a renewed

    faith in our country, in our state, and in ourParty to provide our people with responsive,responsible government;

    2. That government functions best when it isclosest to the people;

    3. That our government is and should be of lawsand not of favoritism or of arbitrary caprice,and therefore we condemn any resolution ofconicts, save through legal processes;

    4. That the Texas Democratic Party stands for lawand order, for total and unceasing war againstcrime, for strengthening law enforcementagencies, and for justice under law;

    5. That all citizens, no matter what their religionor race or how humble or exalted their originor station, have the duty to participate fullyat every level of government and are entitledto an equal voice and to equal treatment at itshands;

    6. That all Democrats are bound to defend, toprotect, and to honor our nation, our state, andour Party, and that when they are right, it is ourprivilege to sustain them, but when they err, itis our duty to correct them; and

    7. That, as Democrats, we are proud and uprightcitizens of the United States, that we aredetermined not only to serve our country, butalso to stand shoulder to shoulder with citizensof other states in providing meaningful,

    RULES OF THE DEMOCRATIC PARTY OF TEXAS

    responsible, and constructive leadership forour great nation.

    B. Declarations

    To achieve these principles, we hereby make thesedeclarations and adopt the following Rules to governParty activities at all levels:

    1. No test of membership in, nor oaths of loyaltyto, the Texas Democratic Party shall berequired or used if it has the effect of requiring prospective or current members of thDemocratic Party to acquiesce in, condoneor support discrimination on the groundsof race, sex, sexual orientation, age, colorcreed, national origin, religion, ethnic identity

    economic status or disability.

    2. The Democratic Party at all levels shall supportthe broadest possible voter registration and participation without discrimination on thgrounds of race, sex, age, color, creed, nationaorigin, religion, ethnic identity, economicstatus or disability.

    3. It shall be the duty of the State Chair andParty Ofcers at all levels to take afrmativesteps to encourage young people, women and

    minorities to seek selection as Delegates toParty Conventions and as members of PartyCommittees so that they shall be representedin reasonable relationship to their presence inthe state.

    4. Every person who accepts a Party ofce at anylevel (including the position of ConventionDelegate and Alternate) must agree tosupport all of the Partys nominees or shall beremoved.

    5. Public meetings at all levels of the TexasDemocratic Party shall be open to all membersof the Party, regardless of race, sex, age, colorcreed, national origin, religion, ethnic identityeconomic status, philosophical persuasion ordisability.

    6. The time and place of all meetings of the TexasDemocratic Party at all levels shall be publicizedfully and in such manner as to assure timelynotice to all interested persons. Such meetings

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    shall be held in places accessible to all Partymembers and large enough to accommodate allinterested persons.

    7. The Texas Democratic Party shall publicizefully and in such manner as to assure noticeto all interested parties a complete description

    of the legal and practical qualications and procedures for selecting Democratic PartyOfcers and Representatives at all levels.Publication of these procedures shall be donetimely and in such a fashion that all prospectiveand current members of the Democratic Partyand all prospective candidates or applicantswill be fully and adequately informed of the pertinent procedures in time to participate ineach selection procedure at each level of theDemocratic Party organization and to competefor any elected or appointed position.

    ARTICLE II

    NAME, MEMBERSHIP AND OFFICERS

    A. Name

    The name of this Party shall be the Texas DemocraticParty or simply the Democratic Party or just theParty.

    B. Membership

    1. Any qualied Texas voter 18 years of age orolder who supports the foregoing Statementof Principles of the Democratic Party may participate fully in any Party meetings andmay be elected to any Party Ofce, exceptwhere specically prohibited by law or byParty Rules.

    2. Any other persons who support the foregoingStatement of Principles of the Democratic

    Party are encouraged to participate in Partyactivities but may not vote.

    C. Party Ofcers

    1. All Party Ofcers shall be residents of theprecinct, district or other political subdivisionwhich they represent, and moving residenceoutside the precinct, district or other politicalsubdivision shall constitute an automaticvacancy.

    2. The Party Ofcers covered by this provisioninclude precinct chair, county chair, SDECrepresentative, State Chair, conventiondelegates and alternates, and any other ofcerelected by a Party committee or convention.

    3. Acceptance by any person of a Party Ofce

    and participation in that capacity constitutesan agreement to the provision in the Statementof Principles that every person who accepts aParty Ofce at any level (including the positionsof Convention Delegate and Alternate) mustagree to support all of the Partys nominees orshall be subject to removal.

    ARTICLE III

    EXECUTIVE COMMITTEES

    It is a basic and fundamental precept of the TexasDemocratic Party that always, and at all levels, thereshall be no secret ballots, there shall be no fees chargedfor voting, and the meetings shall be open.

    A. Duties of Executive Committees

    1. The State Democratic Executive Committee(the SDEC) shall carry on the activitiesof the Party between State Conventions incompliance with the law and with the directives

    of the Convention.

    2. Other executive committees acting at theCounty level, the District level or anyother level shall discharge their duties incompliance with the law and with the PartyRules.

    B. General Rules

    1. At all times and at all levels of the DemocraticParty, no secret ballots shall be used, no feesshall be charged for voting, and the meetingsshall be open.

    2. Committee meetings shall be held as required by law or by these Rules and called by theCommittee Chair or by a petition in writingsigned by at least 51% of the Committeemembership.

    3. At all Party Committee meetings other thanConventions, County Executive Committees

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    and Convention Caucuses, 40% of theCommittee membership shall constitute aquorum. If the meeting is to ll a vacancy,however, a majority of the Committeemembership shall be required for a quorum asspecied in State law.

    4. Unless otherwise required by statute or bythese Rules, the current edition ofRoberts Rules of Order, Newly Revised, shall be the parliamentary authority governing all PartyCommittee meetings and procedures.

    5. The method of voting at all Party Committeemeetings may be by voice vote, by (standing)division of the house, by signed written ballot,or by roll call vote. The method used shall beleft to the discretion of the Chair, except thaton request of any member (who need not be

    recognized by the Chair to voice such request),a standing division must be held, and therequest of 10% of the members present shallrequire a roll call vote.

    6. Minutes of each meeting shall be furnished toeach Committee member at or prior to the nextCommittee meeting.

    7. Proxy voting shall be permitted at SDECmeetings; provided, that no person may holdor vote more than one proxy. Proxy holders

    for senatorial district representatives on theSDEC must reside in the same district as themember assigning the proxy. Proxy holdersfor representatives of organizations must bemembers of the organization. No proxy votingshall be permitted at meetings of any County,District or Precinct Committee (Texas ElectionCode 171.026).

    8. No action of a subcommittee or any standingcommittee shall replace or supersede theactions or authority of the Committee as a

    whole, and any actions by subcommitteesshall be subject to review and revision by thesuperior authority of the full Committee at itssubsequent meetings.

    9. Upon the vote of 20% of the members of anyParty Committee, a minority report can beprepared and presented. A minority report maybe submitted for consideration either by wayof amendment or as a substitute for a majorityreport.

    C. Election Matters

    1. Certication of Candidates. The SDEC shalcertify the name of each candidate to appear onthe primary ballot or delegate such certicationto the State Chair. Not later than the 57th day before the primary election, the State Chai

    shall deliver to each County Chair a writtenlist of the name of each candidate certied toappear on the primary ballot in that county(Texas Election Code 172.028)

    2. Referendum Issues.

    (a) Qualied voters may by petition require areferendum issue to be placed on the primaryelection ballot. Such petitions must be ledwith the State Chair during the same lingperiod applicable to candidates for federal

    state, and county ofce. In addition to therequirements mandated by state law (TexasElection Code 172.088), all petitionsmust contain the following wording andinformation:

    An oath or afliation to the Party as part of thepetition statement to read as follows:

    If I sign this petition, I hereby afliate myselfwith the Texas Democratic Party, and I swearor afrm that during [insert election year] I will

    support the nominees of the Democratic Partyand that I will not vote in a primary election orparticipate in a convention of another politicalparty during [insert election year].

    I further acknowledge that the purpose of this petition is to require the Texas DemocratiParty to place the proposal described below onthe ballot for the [election date] DemocraticPrimary Election.

    [signatures]

    Sworn to (or afrmed) and signed before methe undersigned authority on this the _____day of_________________.

    ________________________________Signature of person administering oath

    ________________________________Printed name of person administering oath

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    ________________________________Address of person administering oath

    ________________________________Telephone # of person administering oath

    ________________________________

    Title of ofce and county of residence ofperson administering oath.

    (b) The person administering the oath maybe either: a judge, clerk or commissionerof any court of record; a notary public;a justice of the peace; the Secretary ofState of Texas; any member of the SDEC;any member of the County ExecutiveCommittee for the county in which the

    person signing the petition resides; or a person expressly authorized in writing toadminister the oath by the State Chair or aCounty Chair for the county in which the person signing the petition resides. TheState Chair and any such County Chair shallkeep as a permanent part of party records atrue copy of any such authorization. Eachperson administering the oath must sign inthe place shown, and print his or her name,address, ofce and county of residence.

    (c) The form of the petition, including a de-scription of the proposal that is to be sub-mitted, the spacing and type-size and in-structions to comply with this Rule mustbe approved by the State Chair. The oathof the petition signer and the description ofthe proposal shall be in bold type.

    (d) The State Chair is hereby delegated allother authority necessary to effectuate thisRule.

    (e) The SDEC shall prescribe the wording ofthe proposition submitting a proposal.(Texas Election Code 172.088(g)).

    (f) The petition shall be in both English andSpanish.

    D. State Democratic Executive Committee

    1. Ofcers.

    a) Election. In compliance with Chapter171 of the Texas Election Code, the StateConvention in June of even-numbered yearsshall elect a State Chair. The Conventionalso shall elect a First Vice Chair of theopposite sex from the State Chair, a ViceChair for Finance, a Secretary, and a

    Treasurer. These shall be the ofcers of theSDEC, and they shall serve for two yearsor until their successors are elected.

    (b) Voting. On statutory matters, only the StateChair and First Vice Chair may vote; other-wise, on all other matters all ofcers mayvote.

    (c) State Chair. The State Chair shall bethe principal and presiding ofcer of theSDEC, shall have all of the authority and

    duties implied by such title and expressedand implied by these Rules, and shall havethe authority to establish and to appointcommittees with the advice and consent ofthe SDEC and deal with the affairs of theParty.

    (d) First Vice Chair. The First Vice Chair shallassist the State Chair and shall have theduties and authority implied by such title orassigned by the Chair or by the SDEC. TheFirst Vice Chair shall preside over meetingsof the SDEC in the absence of the StateChair and shall ll any ex-ofcio positioncreated for Party Vice Chairs, includingmembership on the National Committee.

    (e) Vice Chair for Finance. The Vice Chairfor Finance shall have responsibilitiesfor fundraising under the direction of theState Chair and shall have other duties andresponsibilities assigned by the Chair or bythe SDEC.

    (f) Secretary. The Secretary shall have theduties and authority implied by such title.

    (g) Treasurer. The Treasurers duties shall beto present a nancial report at each SDECmeeting and to perform duties assigned bythe State Chair. The disbursement of fundsshall be the responsibility of the State Chairor of the Chairs designee(s), provided thatthe designee(s) be approved by the SDEC.

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    (h) Standing SDEC Committee Membership.Members of standing SDEC committeeswill be appointed by the State Chair withthe advice and consent of the SDEC. TheState Chair will appoint one co-chair andthe members of each of the committees willelect the second co-chair. The co-chairs

    will be gender balanced.

    (i) Operating Budget. The State Chair shallsubmit an annual operating budget to theSDEC Finance Committee for approval bythe full SDEC at the rst SDEC meetingfollowing January 1st of each year. In noevent shall any TDP staff or ofcer, otherthan the State Chair, incur any debt onbehalf of the Texas Democratic Party notauthorized by the operating budget. Inaddition, any expenditure, proposal or project which would exceed a line itemin the submitted annual operating budget by $10,000, including but not limited toadditional staff or pay raises, requires amajority vote of the State Chair, First ViceChair, Vice Chair for Finance, Secretary,Treasurer, SDEC Finance CommitteeChair, and SDEC Finance Committee Co-Chair before the funds may be expended orthe obligation incurred.

    (j) Audit. The State Chair shall cause an auditof the nancial records of the SDEC to bemade by a certied public accountant atleast once each calendar year. A copy of thereport of such audit shall be furnished toeach member and ofcer of the SDEC.

    (k) Ofcer Vacancies. When a vacancy occursin any of these ofces between StateConventions, a majority of the membersof the SDEC shall elect a successor, whoneed not be a current member of the SDEC.

    Members shall receive written noticeissued by the State Chair, or if that ofcebe vacant, by the First Vice Chair, at leasttwo weeks prior to the meeting at which anelection will be held. Any member of theSDEC may nominate a candidate for thevacant ofce. When an interim vacancyin the ofce of the State Chair is lled by the SDEC, the term of ofce for theinterim Chair shall be for the duration ofthe unexpired term.

    2. SDEC Members.

    (a) Membership. The SDEC shall becomposed of two members elected fromevery senatorial district and the followingadditional members:

    two from the Texas Democratic CountyChairs Association,

    two from the Texas Young Democrats,

    one from the Senate Democratic Caucus(non-voting),

    one from the House Democratic Caucus(non-voting),

    two from the Texas Democratic Women,

    two from the Texas Coalition of BlackDemocrats,

    two from the Hispanic Caucus,

    two from the Non-Urban/AgricultureCaucus,

    two from the Stonewall Democrats,

    two from the Texas EnvironmentalDemocrats,

    two from the Democrats with Disabilities,

    two from the Asian American Democratsof Texas, and

    two from the Texas Veterans Organization(Temporary Rule Change)

    (b) Election from Senatorial Districts. Thetwo members from every senatorial districtshall be elected by the State Conventionin June of even-numbered years. One

    man and one woman from each senatoriadistrict shall be recommended by theDelegates from the counties composingthe respective senatorial districts. Eachcounty shall vote its full Conventionstrength divided proportionately among itsDelegates present.

    (c) Organization Representatives. Thechair or president and the next highestranking ofcer of the opposite sex of the

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    organizations (excepting Texas DemocraticWomen) providing additional members onthe SDEC shall serve as the representativemembers of the SDEC; provided that, forthe Hispanic Caucus, the representativemembers shall be two representativeselected at the State Convention. In the

    event that any such person already is amember of the SDEC, the next highestranking ofcer of the same sex shall be theadditional member. They shall participatein the proceedings of the SDEC insofar asthe Texas Election Code will permit.

    (d) Caucus Representatives. The membersrepresenting the Senate Democratic Caucusand the House Democratic Caucus shall benon-voting, ex-ofcio members selectedby their respective caucuses.

    (e) Terms. SDEC members shall serve untiltheir successors take ofce, which shall beon adjournment of the State Convention atwhich the new members are elected.

    (f) SDEC Vacancies. When a vacancy occurson the SDEC, the vacancy shall be lledby the majority vote of the members of theSDEC. The new member shall be an eligibleperson of the same sex and from the samesenatorial district as the vacating member.The Senatorial District Committee of theaffected district shall meet to nominate aperson for such position. The State Chairshall mail written notice of the meeting toconsider such nomination to the membersof the Senatorial District Committee and, ifknown, the Chair of the affected districtsSenatorial District Caucus at the last StateConvention, at least two weeks prior tothe meeting. The Committee shall reportits nominee to the SDEC. A vacancy shall

    be lled no later than the next meeting ofthe SDEC following written notice of thevacancy by at least ve weeks.

    (g) Meetings. Two statutory meetings of theSDEC shall be held in even-numberedyears: on the second Wednesday after thegeneral election primary day and not laterthan the second Saturday after the runoffprimary election day. (Texas Election Code 172.120)

    (h) Caucus/Organization RepresentativeVacancy. When a Caucus/OrganizationRepresentative vacancy occurs, then:

    (1) If representing an organization, theorganization can name a replacementwith the same gender of the person

    removed subject to ratication by theSDEC; or

    (2)If representing a caucus, that seat willremain vacant until the next sched-uled convention, at which time thecaucus shall elect its representatives(Temporary Rule Change)

    3. Removal.

    (a) In addition to the procedures under Article

    III.H., any State Party Ofcer, includinga member of the SDEC, may be removedfor good cause by a two-thirds vote of theSDEC membership. All members mustreceive written notice from the State Chairat least 30 days before any meeting at whicha removal will be considered. Ballotingmay not be done by mail.

    (b) For removal of an SDEC member, one-thirdof the members of the SDEC or one-third ofeither the Senatorial District Committee or

    the Delegates to the State Convention fromthe Senatorial District at which the memberwas last elected must petition for removaof the SDEC member before proceedingsshall be brought before the SDEC.

    (c) A member of the SDEC who misses twoSDEC meetings, without sending a proxyshall be removed and a vacancy shaloccur.(Temporary Rule Change)

    (d) For removal of other State Party Ofcerseither one-third of the members of theSDEC or one third of the County Chairsor one-third of the Delegates to the StateConvention at which the Ofcer was lastelected must petition for the removal ofthe State Party Ofcer before remova proceedings shall be brought before thSDEC.

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    (e) In the event that the State Chair is subjectto petition for removal under this section,then the First Vice Chair shall give notice ofsaid petition to the SDEC and give propernotice by mail of said meeting.

    4. Advisory Committee. The Texas Democratic

    Party Advisory Committee is created to providean issues forum and an advisory group to theSDEC.

    (a) It shall consist of the following:

    (1) the elected ofcers of the SDEC;

    (2) a Co-Chair to preside over this Commit-tee with the State Chair. The Co-Chairshall be nominated by the State Chairand shall be approved by a majority vote

    of the SDEC;

    (3) the participating groups, loyal to the principles of the Democratic Partyand approved by the SDEC, shall bestatewide caucuses and organizationsof the Texas Democratic Party or theState Convention. Each participatinggroup will elect two delegates and twoalternates, balanced by gender whereappropriate, at the State Convention.

    (b) The Advisory Committee will meet twicea year at the call of the State Chair and the Co-Chair or a majority of the committeemembers.

    (c) The SDEC shall govern any fundraisingactivities and expenditures. Contributionsand disbursements shall be made throughthe Texas Democratic Party for properaccounting and reporting under Party Rulesand related state and federal laws.

    (d) The SDEC, as necessary, may provide ad-ditional rules and guidelines. The Rulesof the Texas Democratic Party shall applyto the Advisory Committee. Proxy votingshall not be permitted.

    (e) All members shall serve terms of two yearscommencing after each State Convention.

    E. County Executive Committee

    1. Members.

    (a) Each county shall have a County ExecutiveCommittee composed of a County Chairand of one Precinct Chair from eachelection precinct in the county. (TexasElection Code 171.022)

    (b) These members shall be elected by majorityvote in the Party Primary Election held ineven-numbered years. The County Chairshall be elected by the qualied votersof the county, and the Precinct Chairs bythe qualied voters of their respectiveprecincts.

    (c) The term of ofce for members of theCounty Executive Committee shall beginon the twentieth day following the Runoff

    Primary and shall continue for two years oruntil their successors are elected and certi-ed. (Texas Election Code 171.022(c))

    2. Ofcers.

    (a) The County Executive Committee mayname a Secretary, who need not be amember of the Committee. The Secretarylegally is authorized to receive applicationsfor a place on the Primary ballot, and anapplication received by the Secretary shal

    be led ofcially.

    (b) The combined amount of any compensationpaid from the Primary fund to the Secretaryand the Chair for their services shall in nocase exceed the lesser of $8,000.00 or 5%of the amount actually spent for necessaryexpenses in holding the Primary Electionfor that year, exclusive of the compensation paid to the Chair and Secretary. (TexaElection Code 173.004)

    (c) The County Executive Committee may by majority vote, adopt continuing rulefor the conduct of its business, so long asthey are not prohibited by law or are notinconsistent with these Party Rules. Suchrules shall be led with the State Chair.

    3. Qualications. Democrats 18 years of age orolder are eligible for the ofces of PrecinctChair or County Chair, provided they meet thefollowing criteria:

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    (a) They are qualied voters (Texas ElectionCode 161.005(a)(1)) and voted in theDemocratic Primary, not including runoffs,or signed an oath of afliation in the votingyear;

    Oath of Afliation:

    I swear that I have not voted in a primaryelection or participated in a conventionof another party during this votingyear. I hereby afliate myself with the___________Party.; and

    (b) They are not candidates for, nor holders of,an elective ofce of the federal, state, orcounty government (Texas Election Code161.005(a)(2)); and

    (c) They are residents of the precinct or countyfrom which they seek election (TexasElection Code 171.023(a) and 161.005(a)(1)).

    4. Election Procedure.

    (a) A qualied Party member may become acandidate for County or Precinct Chair byling a written application in the countyusing a form which shall be provided bythe County Chair upon request.

    (b) In addition, qualied Party members lingfor the ofce of County Chair in a countywith a population of 1 million or more shallinclude a petition containing the signaturesof 10 percent of the current, incumbentPrecinct Chairs serving on the CountyExecutive Committee in the county usinga form which shall be provided by theState Party. The petition shall contain thecandidates sworn oath that the signaturesthereon are valid and that each was

    signed in the presence of the candidate orcandidates representative. (Texas ElectionCode 172.021(f)).

    (c) The application, and petition, if applicable,shall be signed and duly acknowledged by the candidate and then led with theCounty Chair or with the Secretary of theCounty Executive Committee if there isone. (Texas Election Code 171.022(a)(2), 172.021 and 172.023). A copy of the

    petition (if applicable) also shall be ledwith the State Chair.

    (d) The application shall state the candidatesoccupation, county of residence, post ofceaddress, date of birth, and the ofce soughtThe petition (if applicable) shall include

    the Precinct Chairs signature, name, postofce address and precinct number.

    (e) Applications, and petitions, if applicableshall be led no later than 6 p.m. onJanuary 2 before the Primary ElectionThis deadline shall be extended until thenext working day if it falls on a weekendor a holiday.

    (f) An application mailed but not received bythis deadline shall not be accepted. (Texas

    Election Code 172.021(c) and 172.023)

    (g) No later than the day before the lingdeadline, the County Chair shall post onthe bulletin board at the County Courthouseused for posting notices of meetings ofthe Commissioners Court a notice of theaddress at which the County Chair orthe Secretary will be available to receiveapplications on the last day of the lingperiod. (Texas Election Code 172.022)

    (h)Write-in votes for Precinct and County Chairare permitted by law in the First Primaryelection, whether or not there are othercandidates for these ofces on the ballotOnly those votes cast for a County Chair orPrecinct Chair candidate who has led anapplication for write-in candidacy may becounted. (Texas Election Code 171.0231)Write-in votes, however, are not allowed inthe Second or Runoff Primary election(Texas Election Code 172.112)

    (i) No later than 20 days after the locacanvass, the County Chair shall deliverto the State Chair and to the County Clerkwritten notice of the name, address, and precinct number of each Precinct andCounty Chair elected. (Texas ElectionCode 172.118)

    5. Vacancies.

    (a) When a vacancy occurs in the ofce of

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    County Chair, the outgoing County Chairor the Secretary of the County ExecutiveCommittee may call a meeting to ll thevacancy at any time after it occurs. Upon thewritten request of any Committee member,however, the Secretary shall call one for adate not more than 20 days after receiving

    the request, giving each member noticeof the time, place, and purpose. Should aCommittee Secretary fail to act after beingrequested in writing to do so, the State Chairshall call the meeting in like manner. Theofcer calling the meeting shall designatea Temporary Chair to preside until the newPermanent Chair is elected. (Texas ElectionCode 171.025)

    (b) Any vacancy on the Committee shall belled by majority vote of the CountyExecutive Committee at a meeting atwhich a majority of the membership shallconstitute a quorum. (Texas Election Code171.024) Written notice of the replacementmembers name and address shall bepromptly delivered to the State Chair andto the County Chair. (Texas Election Code171.024)

    (c) When the precinct boundaries are changed between primary elections and only one

    Precinct Chair resides within the newprecinct, that Chair shall continue the termof ofce. If more than one Chair or if noneresides within the new precinct, however,the ofce automatically shall becomevacant and shall be lled as providedherein. (Texas Election Code 171.023)

    (d) Changes in precinct boundaries made bythe Commissioners Court shall not becomeeffective to alter membership of the Coun-ty Executive Committee until February 1

    after the changes are ordered. (Texas Elec-tion Code 171.023)

    6. Duties and Responsibilities.

    (a) Statutory duties of the County ExecutiveCommittee include collecting ling fees(Texas Election Code 172.021 and172.022); appointing watchers (TexasElection Code 33.03); determining

    the order of names on the ballot (TexasElection Code 172.082 and 172.084)canvassing primary results (TexasElection Code 172.116); and setting and publicizing times and places for Precincand County Conventions (Texas ElectionCode 174.022 and 174.063). Additiona

    responsibilities are outlined in the TexasElection Code in Chapters 171, 172, 173and 174 as well as Sections 31.032, 32.00632.034, 32.093, 32.111, 34.007, 42.00943.003, 51.002, 51.003, 51.035, 52.002123.001, 123.033, 124.065, 125.031143.033, and 145.036.

    (b) In addition to its statutory duties, theCounty Executive Committee shall have primary responsibility for planning andfor coordinating the General Electioncampaigns of the Democratic Partysnominees within the county. In the caseof nominees running for ofce in dis-tricts which include areas outside of thecounty, the County Executive Commit-tee shall work with the Senatorial DistricCommittee (as described in Article III.F below). This responsibility shall includeraising funds for conducting local cam-paigns, supporting the statewide effort forthe entire ticket, producing materials and

    coordinating local services for all Demo-cratic campaigns.

    (c) The County Executive Committee mayestablish such committees as it deemsappropriate to carry out its non-statutoryduties and may appoint committeemembers who are not members of theCounty Executive Committee.

    7. Meetings.

    (a) Three statutory meetings of the CountyExecutive Committee shall be held in even-numbered years: in January; on or beforethe second Friday after the First Primaryand on or before the second Friday after theRunoff Primary.

    (b) Precinct Chairs shall be notied by writtennotice at least ve days in advance of allmeetings, excluding emergency situations.

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    8. Expenditure of Funds. Expenditure of funds by the County Executive Committee, unlessotherwise specied by law, shall requirethe approval of at least 51% of its memberspresent.

    9. County Executive Committee Quorum. Non-

    Statutory Business At County ExecutiveCommittee (CEC) meetings, the quorum forconducting non-statutory business shall consistof not less than one-fourth (1/4) of the mem- bership, excluding vacancies. If the meetingis to ll a vacancy, however, a majority of theCommittee membership shall be required for aquorum, as specied by State law.

    10. Meeting of the County Executive Committee.Meetings The County Executive Committee(CEC) shall meet at least quarterly throughout

    the two year term between elections. Statutorymeetings called for by the Texas Election Codemay be counted toward the quarterly meetingrequirement of the CEC. CEC meetings shallnot be scheduled during the week of the biennialstate convention. If a county chair fails to issue awritten call for a County Executive Committeemeeting within six months of the previousCounty Executive Committee meeting, one-fourth (1/4) of the members of the CEC maycall a CEC meeting by written demand. Notice

    of such meeting, including an agenda of thebusiness to be considered, shall be mailed to allmembers of the county executive committee atleast fourteen (14) days prior to the date of themeeting and shall state the time, date and placeand the names of the persons issuing the call.The County Executive Committee meetingsshall be chaired by the County Chair. If theCounty Chair is not present, then the Secretaryor any qualied Democrat may conduct themeeting.

    F. District Executive Committee

    1. Members. Each senatorial district shall havea Senatorial District Executive Committee,sometimes referred to as the DistrictCommittee, to be formed as follows:

    (a) In a senatorial district composed of onlya part of one county, the Precinct Chairswithin the district shall constitute theDistrict Committee. No later than the

    statutory meeting of the County ExecutiveCommittee in January, such Precinct Chairsshall elect one of their numbers to serve asChair of their District Committee. (TexasElection Code 171.053)

    (b) For a senatorial district composed entirely

    of one whole county, the County ExecutiveCommittee shall constitute the DistrictCommittee, and the County Chair shall bethe District Chair. (Texas Election Code171.052)

    (c) For a senatorial district made up of morethan one county or parts of more thanone county, the District Committeesmembership shall include the County Chairof each county wholly contained withinthat district and one District Committee

    member elected from among their number by each group of Precinct Chairs withina portion of a county included in suchsenatorial district. The District Committeethus formed shall elect its own Chair. TheDistrict Committee member so elected bythe group (or committee) of Precinct Chairs(from only part of a county included in sucha multi-county district) shall be and actalso as Chair of such group or committeeof Precinct Chairs. (Texas Election Code

    171.054)2. Ofcers.

    (a) A District Committee may elect ofcersin order to accomplish its business. AnyDemocrat qualied to hold Party ofcemay hold any District Committee ofceother than that of Chair. Chairs must beeither a Precinct or County Chair. (Theofce of Senatorial District CommitteeChair is a different ofce than SenatorialDistrict Convention Chair.)

    (b) Within 3 days after the meeting of eachCounty Executive Committee at whichDistrict Committee members are electedeach County Chair shall forward to theState Chair the names and addresses ofthe District Committee members and ofthe District Chair selected at the meeting(Texas Election Code 171.053(a) and171.054(b))

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    3. Duties. District Committees shall havethose responsibilities assigned by Texasstatutes, such as lling certain vacancies innominations for District ofcials. (TexasElection Code, Chapter 145) They also shallbe responsible for any duties in connectionwith Party activities which may be assigned

    by the SDEC. They may and should, on theirown initiative, undertake such efforts onbehalf of the Party and its candidates whichare appropriate on the district level.

    4. Other District Committees. Certainstatutory provisions occasionally may requirespecic action by a District Committee,other than those based on state senatorialdistricts. The membership of such DistrictCommittees shall be determined by the samegeneral rules applying to the formation ofSenatorial District Committees, except thatthe geographical boundaries used shall bethose pertaining to the relevant district.

    5. Meetings. When a District Committeecomposed of more than one county or ofparts of more than one county must meet andorganize before it has a permanent DistrictChair as provided in these Rules, the StateChair shall designate one member of theDistrict Committee to serve as Temporary

    Chair to call the meeting to order and to preside until the Committee elects its ownChair. The permanent District Chair so electedshall serve for the remainder of the term ofofce and shall call any subsequent meetingsheld during that time. (Texas Election Code171.054(1)(e))

    G. Precinct Executive Committee

    At a meeting called by the County Chair, thePrecinct Chairs in each Commissioner precinctand each Justice precinct shall select one of theirnumber to serve as Chair of a Precinct ExecutiveCommittee for each respective Commissionerprecinct and Justice precinct. The Precinct Chairsof the election precincts within the Commissioner precinct or Justice precinct shall constitutethe Precinct Executive Committee. However,if any such precinct contains fewer than threecounty election precincts, the County ExecutiveCommittee shall be the Precinct ExecutiveCommittee and the County Chair shall serve as

    Chair of the Committee. (Texas Election Code 171.071, 171.072, and 171.073)

    H. Removal From Ofce For Endorsing OpposingParty or Candidate

    1. A Party Ofcer shall be removed from ofce

    if during the current term of ofce such ofcer publicly supports or endorses an opposinparty or nominee of an opposing party, a personseeking the nomination of an opposing party, ora non-Democratic candidate seeking an ofcein an election in which candidates may le byparty afliation and a Democrat is seeking theofce in question.

    2. The terms publicly supports and endorsesshall include, but not be limited to, serving on acampaign committee; giving nancial support

    including contributing money or its equivalentsuch as equipment loans, services or supplieswillingly and knowingly allowing the ofcersname to be used in any kind of letter, publicendorsement, news release, or advertisementor actively soliciting votes by making a publicappearance or a door-to-door solicitation ofvotes.

    3. The following procedure shall be used forremoval of a Party Ofcer:

    (a) A complaint may be filed only by aqualied voter who must be a Democratand who resides in the political subdivisionrepresented by the subject ofcer.

    (b) Complaints concerning a State Party Ofceror SDEC member, a National Committeemember, or a Senatorial District Chair or aCounty Chair shall be led with the StateChair. Complaints concerning other PartyOfcers (except convention delegates)shall be forwarded to the County Chair.

    (c) Immediately upon receiving a written com-plaint, together with specic evidence thata Party Ofcer has violated this rule, theappropriate Chair shall notify the subjectParty Ofcer by certied mail, return re-ceipt requested, deliver to addressee onlystating the nature of the complaint and theevidence submitted and providing a copyof these rules. The subject Party Ofcershall be advised that unless he or she deliv-

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    ers to the appropriate Chair within ten (10)days after receiving the notice a written de-nial signed by the Party Ofcer specicallydenying the claims, the appropriate Chairshall declare the ofce held by such PartyOfcer vacant.

    (d) If the Party Ofcer fails to deliver thewritten response as required above, theChair immediately shall declare the ofceheld by such Party Ofcer to be vacant.

    (e) If the Party Ofcer delivers a written denialto the appropriate Chair within the time prescribed above, the Chair within vedays thereafter shall determine whetherthe denial fairly and specically denies theallegations in the complaint.

    (f) A Chair who determines that the denialdoes not fairly and specically deny theallegation shall declare the ofce held bysuch Party Ofcer to be vacant, and theChair immediately shall mail written noticeof such decision to the Party Ofcer andthe complaining person.

    4. Either party may seek review of the decisionor action taken by a County Chair by linga written request with the State Chair within10 days after receiving notice of the County

    Chairs decision. If the County Chair fails tomail a notice of the decision required abovewithin 21 days from the date the notication ofthe complaint was mailed to the Party Ofcer,the complaining party may seek review by theState Chair by ling a written request within10 days after the 21-day period.

    5. No vacancy shall be lled during the timeallowed to request review or while a review isunder consideration.

    6. Within 10 days after receiving a request forreview, the State Chair shall determine whetherthe action or inaction of the County Chair shallbe sustained or reversed. The only grounds forreview shall be:

    (a) Whether the complaint against the PartyOfcer fairly and specically states anallegation of conduct violating theseRules;

    (b) Whether the response led by the PartyOfcer fairly and specically denies theallegations in the complaint; and

    (c) Whether there are procedural decienciesincluding failure to follow the noticerequirements, involving handling the

    complaint.

    7. The State Chair immediately shall mail writtennotice of the decision regarding the review tothe County Chair, to the Party Ofcer, and tothe complaining person. If the State Chairsdecision declares a vacancy, the County Chairshall initiate the steps necessary to ll it.

    8. If a County Chair fails to send the originalnotice required by section 3(c) above withinthree days after receiving a complaint, the

    complaining person may present the complaintto the State Chair, who, upon receiving thecomplaint, shall assume the duties of theCounty Chair prescribed above.

    9. Any Party Ofcer so removed shall be ineligi-ble to serve as a Party Ofcer for the remainderof that term.

    I. Duties of District Committees in SpecialElections

    1. When for any reason a vacancy occurs inan ofce requiring a special election, theappropriate District Committee shall meet atthe call of the State Chair for the purpose ofconsidering the endorsement of a candidatefor the open ofce. A District Committeemay endorse a candidate in a special electioneven if more than one Democrat is seekingelection.

    2. The District Committee shall be composed ofthe same members who would convene to l

    a statutory ballot vacancy for the open ofceThe State Chair or the State Chairs designeeshall preside over the meeting, and a Secretaryshall be elected by the Committee to keep andprepare minutes.

    3. The Chair shall provide at least 72 hoursnotice of the meeting after learning a vacancyhas occurred or shall occur. In no case shall ameeting be called later than 14 days after theactual occurrence of the vacancy.

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    4. As the rst order of business, balloting for oragainst an endorsement shall be conducted by recorded roll call vote or signed paper ballot. If an endorsement is approved, thesame procedure shall be utilized in voting oncandidates for the endorsement.

    5. A candidate receiving a two-thirds vote ofthose present shall become the endorsedDemocratic Party candidate in the specialelection. If no candidate receives a two-thirds vote on the rst ballot, balloting shallcontinue until one candidate receives a two-thirds vote. If no candidate has received atwo-thirds vote after the fth ballot, the lowvote-getter will be removed from the list ofeligible candidates before the sixth ballot istaken and this procedure will continue withevery succeeding ballot until one candidatereceives a two-thirds vote. If a tie shall occur between the bottom two vote-getters on orafter the fth ballot, there will be a coin ipwith the loser being removed from the eligiblelist before the next ballot. In the event that veballots between only two candidates does notresult in one candidate receiving a two-thirdsvote, the candidate receiving the majority voteshall be endorsed. If an unresolvable tie occurs(one lasting through ve ballots) between thetop two vote-getters, then the meeting shall

    be adjourned and there shall be no formallyendorsed Democratic Party candidate. Amajority of the District Committee can petitionthe State Chair to re-convene the Committee atany time up to ten days prior to the election.

    6. The District Committees endorsed candidatewill receive the help and support of theDemocratic Party as if he or she were theDemocratic nominee in the General Election.The provisions of the Party Rules allowing forremoval of Party Ofcers for failure to support

    the Democratic nominee shall not apply to anofcer supporting a Democrat other than theone endorsed through this process.

    ARTICLE IV

    PARTY CONVENTIONS

    It is a basic and fundamental precept of the TexasDemocratic Party that always, and at all levels, there

    shall be no secret ballots, there shall be no fees chargedfor voting, and the meetings shall be open.

    A. General Rules Governing Party Conventions

    1. Compliance with Rules. Delegates to alParty Conventions shall be selected in

    accordance with state law and with theseParty Rules and in compliance with therules, regulations, and official directivesof the previous National Convention andof the Democratic National Committee, assuch directives pertain to the next NationalConvention.

    2. Rules.

    (a) It shall be the duty of the presiding ofcerat the opening of each convention to ex-

    plain the rules governing that conventionand the ways in which convention actionswill inuence important Party actions anddecisions at subsequent convention levels.

    (b) The current edition of Roberts Ruleof Order, Newly Revised, shall governparliamentary procedure in all conventions,caucuses, and convention committeesexcept where contrary rules or proceduresare specied in these Party Rules or bystate law.

    (c) A copy of all standing Party Rules whichpertain to the conduct of the State Conventionshall be printed in the ofcial program ofsuch Convention to be distributed to eachDelegate during registration.

    (d) The specic time and place for each StateConvention Committee to meet shall beestablished in advance of the ConventionThis information shall be printed in theappropriate place in the ofcial Convention

    program distributed to delegates prior tothe opening of the Convention.

    (e) The State Chair, any Permanent StandingCommittees, or any duly-elected PartyOfcer shall be empowered to charge anominal fee, which is to be no greater thanthe unit cost of printing and postage, forany materials required by these Rules to beprovided to interested persons on request.

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    (f) In any precinct in which a ballot isrequired by law to be printed in Englishand any language other than English,any precinct convention in a presidentialelection year must be conducted in Englishand in each such other language, upon therequest of any participant.

    (g) In any County or Senate District thatcontains one or more precincts subject toSubsection (f), the county or senate districtconvention must be conducted in Englishand each such other language required by Subsection (f), upon request of anyparticipant.

    (h) Upon the request of any Democratic votermade on or before the Friday preceding thatprimary election, any Precinct Convention

    must have a Sign Language Interpreter.

    (i) Any precinct election subject to Subsec-tion (f), (g) or (h) shall, if requested by oron behalf of a Democratic voter, provide acertied Sign Language Interpreter.

    3. Voting.

    (a) Methods of Voting. The following methodsof voting may be used in all conventions,caucuses, and convention committees:

    voice vote, (standing) division of the house,roll call vote, teller vote or signed writtenballot. Unless otherwise specied in theseRules, the presiding ofcer may determinethe voting method to be used on eachparticular question, except that on requestof any qualied participant (who need not be recognized by the chair to voice suchrequest), a standing division vote must beheld, and the request of one-fth of thequalied participants shall require a rollcall vote.

    (b) Secret ballots are specically prohib-ited.

    (c) Roll Call Votes. The Rules on roll callvotes shall be as follows: In a PrecinctConvention, the roll shall be the list ofall qualied Party members present; in aCounty or Senatorial District Convention,the list of all precincts within that county

    or senatorial district; and in the StateConvention, the list of senatorial districtswithin the state. A motion to require a rollcall vote shall take precedence over anyother item of business.

    (d) Voting For Ofcers. Voting for the fol-

    lowing Party Ofcers, if there be morethan one nominee, shall be by roll call orby written ballot. A written ballot shall re-cord each delegates name, county, senatedistrict and delegates choice of candidateEach Ofcer shall be voted on separatelyand not as a slate: Permanent Chair of theState Convention, Chair of the SDEC, and National Committeemen and Committee-women.

    (e) Unit Rule. The use of the unit rule or the

    practice of instructing delegations shall notbe permitted at any level of the conventionprocess.

    (f) Proxy Voting. Proxy voting shall be allowedin caucuses, conventions, and conventioncommittees only when specically permitted by law. (Texas Election Cod174.068). In any case, no proxies fromany county shall be recognized at anyconvention or caucus, so long as there isa Delegate present to cast the vote of thecounty. No person shall be permitted tohold or to vote a proxy for more than onecounty. (Texas Election Code 174.096)

    (g) Voting Full Delegate Strength.

    (i) Each multi-county senate district shalvote the full Delegate strength to whichit is entitled, divided proportionatelyamong the counties in attendanceaccording to each countys votingstrength within the district. (Texas

    Election Code 174.096)

    (ii) Each unit at each Convention shalvote the full Delegate strength to whichit is entitled, divided proportionately tothe vote of its Delegates in attendance(Texas Election Code 174.068 and174.096) The voting strength of eachcounty in the Senatorial District orCounty Caucus shall be the same as the

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    vote of that county on the oor of theConvention.

    (iii) For any county which has no Delegates present in person or by proxy, thosevotes shall be apportioned based uponthe vote of the Senatorial District so

    that the Senatorial District can vote itsfull Delegate strength.

    4. Media. Representatives of the news mediashall have the right to attend all conventionsfor purposes of reporting the proceedings.(Texas Election Code 174.002)

    5. Minority Reports. Upon the vote of 20%of the Delegates to any convention or themembers of any convention committee, aminority report shall be prepared and presented

    to the convention as a whole. Such minorityreport may be submitted to the convention forconsideration either by way of amendment oras a substitute for a majority report; provided,however, that additional nominations for anyParty ofce always may be made from theoor of the convention by any Delegate, exceptwhere Delegates or Party Ofcers are electedby smaller units as provided in these Rules.

    6. Resolutions. In order to be considered atState Convention, a written resolution must

    either have passed at a county or senatorialdistrict convention or have been referredfavorably to the Convention through thepetition process.

    7. Petition Requirements. A petition signed by20% of the Delegates attending any conventionshall automatically place a specied itemof business on that Conventions agenda. A petition to have an item placed on the StateConvention agenda must be submitted onforms prescribed by the State Chair. The

    Delegate signature, badge number and countymust be included; separate petition forms arerequired for each senatorial district to speedverication.

    8. Rules. In order to be considered at StateConvention, a proposed rule change must eitherhave passed at a county or senatorial districtconvention or have been referred favorably tothe Convention through the petition process.(Temporary Rule Change)

    9. Petition Requirements for Rule ChangeA petition signed by 20% of the Delegatesattending any Convention shall automatically place a specied item of business on thaConventions agenda. A petition to have anitem placed on the State Convention agendamust be submitted on forms prescribed by the

    State Chair. The Delegates signature, badgenumber and county must be included; separatepetition forms are required for each senatoriadistrict to speed verication.(Temporary Rule Change)

    10. Presidential Preference. In presidential yearsall persons nominated for Delegate or Alternateor for any Party Committee dealing with theDelegate selection process shall make knowntheir presidential preference or uncommittedstatus to the relevant assembly prior to their

    election.

    11. Balancing Delegations.

    (a) In selecting Delegates and Alternates at alllevels, the Nominations Committee and theConvention itself shall make every effortto select persons so that the delegation as awhole shall reasonably reect the political preferences, if any (in non-presidentiayears) or the presidential preferences (in presidential years) and the proportion o

    women, young people, and minoritiespresent in the district or state.

    (b) At least one-third of the Delegatesand one-third of the Alternates of anydelegation elected at any level shall be ofthe sex opposite to that of the rest of thedelegation.

    12. Ex-Ofcio Delegates.

    (a) There shall be no automatic ex-ofcio

    Delegates included in conventiondelegations at any level, except thatmembers of the Democratic NationaCommittee, Ofcers and members of theSDEC, Democratic County Chairs andformer Texas State Democratic PartyChairs shall serve as ex-ofcio votingDelegates to the Precinct ConventionCounty/Senatorial District Conventionand the State Convention. These ex-ofcio

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    Delegates shall be added on as a partof their County and Senatorial Districtdelegation. They shall not be replacedwith an Alternate in their absence. In yearswhen redistricting has changed districtboundaries and numbers, SDEC membersshall have the option of having their

    automatic delegate position be to eitherthe district in which they were electedor to their new geographic district. Inredistricting years, automatic delegates willinform the State Chair of their SenatorialDistrict choice by no later than the SDECmeeting immediately preceding the StateConvention. (Temporary Rule Change)

    (b) Any incumbent State Chair, Vice Chair,member of the SDEC or NationalCommittee, County Chair, or SenatorialDistrict Chair, or Democratic holder ofany state or federal ofce, may attendany Democratic Convention governed bythese Rules, at any level, without being aDelegate or Alternate, and may exerciseall oor privileges, except voting. Theseoor privileges shall include speaking onany question and serving as a ConventionOfcer. (Texas Election Code 174.097)

    13. Public Ofcials. No person shall be ineligible

    to run for the position of Delegate or Alternateby reason of holding any public ofce.

    14. Nominations.

    (a) From the Floor. In case there are oornominations to ll an ofce that is to be heldby more than one person (such as NationalCommitteeman or Committeewoman orAt-Large Delegate to a higher Convention),a person making a oor nomination shallidentify both the oor nominee and nomineeof the Nominations Committee againstwhom the oor nominee will be running.Proportional representation mandated byother Rules shall not be violated by thenomination or election of oor nominees.

    (b) Closing Nominations. Unless otherwisestated in these Rules, nominations maynot be closed until either no furthernominations are forthcoming from theoor or a motion to close nominations

    has passed by a two-thirds vote. Such amotion, however, shall not be in orderuntil a reasonable time has elapsed.

    15. Non-Attendance at Prior Convention. Noone shall be barred from election as a Delegateor Alternate to any convention because of non-

    attendance at that or any preceding conventionif such nominee otherwise qualies for thepost.

    16. Appearing at Committees. Any Delegateattending any convention shall have the rightto appear before any Convention Committeeto make recommendations, either orally or inwriting, before the Committee takes nal actionon its report. The Committee may establish bymajority vote reasonable time limits for suchpresentations and shall allot equal time to al

    wishing to appear.

    17. Establishment of Districts. The respectivedistricts from which the members of PartyCommittees and Convention Delegates at allevels are elected in any given voting yearwhether Delegates be elected by popular votein the Primaries or by Party Convention shalbe the same as the corresponding districts usedin the Primary and General Election of thatvoting year.

    18. Succession of Delegates at NationalConventions. The succession of Alternate toDelegate status at National Conventions shalbe governed by the following rules:

    (a) A vacant Alternate position shall be lledby the Texas Delegation. The replacemenshall be of the same presidential preferenceshall be from Texas, and otherwise shall beeligible to serve as a Delegate.

    (b) A Delegate who is to be absent or resigns

    may select from among the Alternateselected by the State Convention fromwhich the Delegate was elected thatparticular Alternate of the same presidential preference, if possible, who shall assumeDelegate status.

    (c) When the Alternate is selected by theDelegate, the date for determining that theDelegate and the Alternate have the same

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    preference shall be their preferences asof the date when the Delegate selects anAlternate.

    B. Precinct Conventions

    1. Time and Place. A Precinct Convention shall

    be held in each election precinct on the day ofthe Primary Election. No later than its statutorymeeting in January, the County ExecutiveCommittee or, on its failure to act, the CountyChair, shall set the time for convening PrecinctConventions at 7:15 p.m. At the same meeting,the County Executive Committee shalldetermine the place for the Precinct Conventionto be the polling place for that precinct. If the polling place is not considered large enoughfor the expected number of participants, theCounty Executive Committee may select an

    alternate place which is located centrally and iseasily accessible to the public. The time, date, place and purpose of this statutory meetingof the County Executive Committee shall be publicized in advance. (Texas Election Code174.022)

    2. Posting Notice. At least 10 days before thePrecinct Convention, the County Chair shall post the time, date, place and purpose of thePrecinct Conventions within the county on a bulletin board at the County Courthouse andshall le a copy in the County Clerks ofce,where it shall be open to public inspection.(Texas Election Code 174.023)

    3. Publicizing Meetings. Precinct Chairs shall be further responsible for publicizing thetime, place and purpose of their respectiveconventions, including posting the time, date, place and purpose of the convention at thepolling place on election day.

    4. Eligibility to Participate. Any qualied Dem-

    ocratic voter 18 years of age or older whoresides in the precinct where the conventionwill be held and who votes in the DemocraticPrimary, whether early or in person, shall beeligible to attend, to participate in, and to be acandidate for, any Party Ofce or for any Del-egate or Alternate position to be lled at thatconvention.

    5. Duties of Convention Ofcers. The PermanentChair shall preside over the conventionimmediately upon being elected and shall beresponsible for appointing any conventionCommittees as the Chair deems necessary or asdirected by the convention. The Chair also shal be responsible for ensuring that an accurate

    written record of convention proceedings iskept, including the list of persons present anda list of Delegates and Alternates elected to theCounty or Senatorial District Convention. Thelists shall include residence addresses and citiesor towns. (Texas Election Code 174.027)

    6. Order of Business. The order of business atPrecinct Conventions shall be as follows:

    (a) Call to Order by the Precinct Chair, orin the Chairs absence, by any qualied

    participant.

    (b) Preparation by the Precinct Chair of theTemporary Roll of the Convention. Thisshall be a list of qualied participants who arepresent, including their residence addresseswith city or town. Persons arriving after thelist of participants is completed and whoare otherwise qualied to participate shallhave their names entered on the list andmay participate in proceedings subsequentto their arrival. Such persons, however

    may not vote on matters previously votedupon or on which a vote has been calledfor by the Chair. Their political preferenceshall not cause a change in the proportionaallocation of Delegates if the same hasbeen announced at the time calling for theelection of Delegates and Alternates inthe Order of Business prescribed by theRules.

    (c) Election from among those present of aPermanent Convention Chair, a Secretaryand such other Ofcers necessary toconduct the business of the Convention.

    (d) Election of Delegates and Alternates to theCounty or Senatorial District Conventions

    (e) Other Business: Committee reports, if anyresolutions, etc.

    (f) Adjournment.

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    7. Submission of Records. The record and a copyshall be signed ofcially by the PermanentConvention Chair, sealed, and transmittedsafely in person, no later than the third day afterthe Convention, or by certied mail, returnreceipt requested, no later than the second dayafter the Convention, by the Permanent Chair

    to the County Chair or County ExecutiveCommittee Secretary, who shall send a copyof the delegate and alternate lists to State Partyheadquarters. Copies shall be retained on leat both the county and state ofce until the endof the primary election year. (Texas ElectionCode 174.027)

    8. Election of Delegates and Alternates.

    (a) Apportionment.

    (1) Each Precinct Convention shall electone Delegate for each 25 votes, or majorfraction thereof, cast in the precinct forthe Democratic candidate for Governorin the last General Election, with eachprecinct entitled to at least one Delegate; provided, however, that for the years2008 and 2010, each Precinct Conven-tion shall elect one Delegate for each 15votes, or a major fraction thereof, cast inthe precinct for the Democratic candidatefor Governor in the last General Election,

    with each precinct entitled to at least oneDelegate.

    (2) If boundaries of an election precinctwithin a county were changed after thelast General Election, however, theCounty Executive Committee shalldetermine the allocation of Delegatesto such precinct(s), using any fair andreasonable method.

    (3) Each Precinct Convention shall elect one

    Alternate for each Delegate.

    (b) Qualications. The qualications for Del-egates and Alternates shall be the same asthose required for participation in the con-vention, except that a person otherwisequalied need not be present at the conven-tion to be elected a Delegate or Alternate.

    9. Delegation Chair. The Precinct Convention

    either shall elect a Delegation Chair or shallassign this responsibility to the delegationeither by action or inaction.

    10. Election Procedure in Presidential Years. Inpresidential years, as all qualied participantenter their names, residence addresses, and

    cities or towns upon the Temporary Roll ofthe Convention, they also shall indicate theirpresidential preference or uncommitted statusWhen it is time in the Order of Business toelect Delegates and Alternates to the County orSenatorial District Convention, the procedureshall be as follows:

    (a) The Convention Chair shall announce thenumber of eligible voting members on theroll, the number of Delegates and Alternatesthe Convention is entitled to elect and the

    number and percent of each presidentialpreference or uncommitted status reectedon the roll.

    (b) On the basis of such determination, thosepreferring each presidential candidate andthose who are uncommitted shall caucusseparately to elect the same proportion ofCounty or Senatorial District ConventionDelegates and Alternates as their grouprepresents at the Precinct ConventionPersons in a group comprising entitlement

    to less than one Delegate may proceed tothe caucus of their second choice.

    (c) The percentages then will be regured, ifnecessary, and the new gures shall beused to allocate positions by preference.

    (d) Within each Caucus, participants maynominate themselves or any otherparticipant in that Caucus for the positionof Delegate. Nominations shall be openfrom the oor of the Caucus until a motion

    is made, seconded, and passed by a two-thirds vote to close nominations.

    (e) Each participant may cast a number ofvotes equal to the number of Delegatesallocated to such Caucus. Persons receivingthe highest number of votes shall be theDelegates elected by the Caucus. The samenumber of nominees next highest in thevoting shall be the Alternates.

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    (f) The election of the entire body of Delegatesand Alternates chosen by the respectiveCaucuses in this manner then shall beratied by majority vote of the PrecinctConvention.

    11. Election Procedure in Non-Presidential

    Years. When it is time in the Order of Businessto elect Delegates and Alternates to the Countyor Senatorial District Convention, the procedureshall be as follows:

    (a) The Precinct Convention Chair shallannounce the number of eligible votingmembers on the roll and the number ofDelegates the Convention is entitled toelect.

    (b) The Chair then shall announce that any

    individual or group present may submit awritten petition to caucus, explain it brief-ly, and permit other participants at the Con-vention to sign it. Participants may signonly one such petition.

    (c) The Convention Chair should attach copiesof all signed petitions to the Minutes of theConvention.

    (d) Those present who sign each petition thenshall be permitted to caucus separately to

    elect their proportionate share of the totalnumber of Delegates and an equal numberof Alternates.

    (e) If no petitions are submitted, all Delegatesand Alternates shall be elected at-large bymajority vote.

    (f) If one or more petitions are offered, theprocedures shall be as follows:

    (1) The Chair shall announce the number and

    percentage of participants who signedeach petition and the proportionateshare of Delegates and Alternates eachgroup is entitled to elect.

    (2) Persons in a group comprisingentitlement to less than one Delegatemay proceed to the Caucus of theirsecond choice.

    (3) Within each Caucus, participantsmay nominate themselves or anyother qualied person for the positionof Delegate. Nominations shall beopen from the oor of the Caucusuntil a motion is made, seconded, and passed by a two-thirds vote to clos

    nominations.

    (4) A person otherwise qualied need not be present at the Convention to belected a Delegate. Each participantmay cast one vote in the electionfor Delegates. Persons receiving thehighest number of votes shall be theDelegates elected by that Caucus. Thesame number of nominees next highestin the voting shall be the Alternates.

    (5) Participants who do not sign a petitionshall be allowed to caucus as a groupto elect their proportionate share of thetotal delegation.

    (g) Any remaining Delegates and Alternatesshall be elected at-large by majority vote.

    (h) The above procedure shall be followedexcept under the circumstances describedbelow:

    (1) If the Convention is entitled to electonly one Delegate and one Alternatethey shall be elected at-large by major-ity vote.

    (2) If none of the Caucuses are entitledto at least one Delegate and Caucusesdo not wish to combine to increasetheir strength, all of the Delegates andAlternates shall be elected by at-largemajority vote.

    (3) If, in the judgment of the ConventionChair, the composition of the delegationfails to meet the requirements of theseRules, the Chair may request anyCaucus to reconvene for the purposeof achieving balance or may suggestadditional qualications for anyone tobe elected as an At-Large Delegate orAlternate so that balance is achieved inthe delegation as a whole. A ConventionChair who takes such action must

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    specify the applicable Rules on whichthis decision is based.

    (i) The election of the entire body of Delegatesand Alternates chosen in the mannerdescribed above then shall be ratied bymajority vote of the Precinct Convention.

    C. County and Senatorial District Conventions

    1. Time and Place. Each County and SenatorialDistrict Convention shall be held on the thirdSaturday after the First Primary; however, ifthat date occurs during Passover or on the dayfollowing Good Friday, the Convention shall be held on the next Saturday that does notoccur during Passover or on the day followingGood Friday. The Convention shall be held ina place easily accessible to the public and large

    enough to accommodate all participants. TheConvention shall be publicized in the samemanner prescribed by Party Rules for PrecinctConventions. (Texas Election Code 174.063)

    (a) County Conventions. A County Conven-tion shall be held at a time and place setby the County Executive Committee at itsstatutory meeting in January.

    (b) Senatorial District Conventions. Atthe statutory meeting of the County

    Executive Committee in January, thePrecinct Chairs for the election precinctswhich will select Delegates to eachSenatorial District Convention, or on theirfailure to act, the Temporary Chair of theConvention, shall determine the exact timeand place where each respective SenatorialDistrict Convention shall be held. EachTemporary Chair shall post such order onthe bulletin board at the County Courthouseand le notice with the County Clerk atleast 10 days before the Convention. Should

    any Temporary Chair fail to post the orderand to le the notice, any member of theCounty Executive Committee entitled to participate in the decision may post andle such notice. Should more than one doso, the rst posting and ling in point oftime shall prevail. (Texas Election Code174.064)

    2. Conditions for Holding Senatorial DistrictConvention.

    (a) When parts of one county belong to morethan one senatorial district, there shall be held, in lieu of a County Conventiona Senatorial District Convention for each

    part of the county falling into a differensenatorial district.

    (b) Any county containing portions of twoor more senatorial districts may electto combine the Senatorial DistrictConventions of two or more adjoiningsenatorial districts into a single Countyor sub-county Regional Convention provided, however, that the resultinConvention shall not be composed ofmore than 2,500 delegates. The Precinct

    Chairs in each senatorial district involvedmust, by majority vote, adopt a resolutionto hold such Convention at a meeting forwhich 30 days prior notice has been mailedto all members of the County ExecutiveCommittee.

    (c) Any such Convention [referred to inforegoing paragraph (b) above] shall:

    (1) Elect Convention Committees propor-tionately representative of each senato-

    rial district in attendance;

    (2) Group precincts solely within senatoriadistricts;

    (3) Elect At-Large Delegates and Alternatesfrom each senatorial district in suchmanner as to insure that each senatorialdistrict receives its proportionatenumber of Delegates and Alternatesand that such Delegates and Alternatesreect the political preference if any

    (in non-presidential years) or thepresidential preference (in presidentiayears) of that senatorial district;

    (4) Allow only members of a senatoriadistrict to make nominations and voteon the election of At-Large Delegatesand Alternates from that senatoriadistrict on the oor of the Convention.

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    3. Eligibility to Participate. Each Countyand Senatorial District Convention shall becomposed of all Delegates (or their Alternateswho assumed Delegate status) in attendancewho were duly-elected at their respectivePrecinct Conventions. (Texas Election Code174.021)

    4. Temporary Roll. The County or SenatorialDistrict Chair shall deliver the lists of all suchDelegates and Alternates to the Convention,and these lists shall constitute the TemporaryRoll. Only those Delegates listed thereon, ortheir Alternates who assume Delegate status,may vote on the temporary organization ofthe Convention. Proxy voting shall not bepermitted. (Texas Election Code 174.068)

    5. Committees. Convention Committees shall be

    the Committees on Credentials, Nominations,Platform and Resolutions, and Rules andProcedures. For those Conventions with thirtyor more possible delegates, each committeeshall be composed of between 8 and 15members elected from among the Delegatesto the Convention by the County or SenatorialDistrict Committee at its statutory meetingafter the First Primary. For those conventionswith less than thirty possible Delegates, eachcommittee shall be composed of between 4 and

    15 members elected from among the Delegatesto the Convention by the County or SenatorialDistrict Committee at its statutory meetingafter the First Primary.

    6. Convention Ofcers.

    (a) Generally. The ofcers of the County andSenatorial District Convention shall havethe same duties as those of the PrecinctConvention, except for disposition ofConvention records, which shall be asfollows: The Permanent Chair shall makeout in duplicate a certied list, signed by the Permanent Chair and Secretary,of Delegates and Alternates to the StateConvention and of all resolutions adoptedby the Convention. Within ve days afterthe Convention, the Chair shall forwardthese sealed documents by registered orcertied mail to the State Chair prior to anyState Convention. (Texas Election Code174.069)

    (b) Temporary Chair at County ConventionThe County Chair, or if absent, anyDelegate to the Convention present, shallserve as Temporary Convention Chair(Texas Election Code 174.065)

    (c) Temporary Chair at Senatorial District

    Convention.The Chair of the Senatorial DistrictCommittee shall be the Temporary Chair ina Senatorial District Convention composedof only part of one county. The SenatoriaDistrict Committee member (not to beconfused with the SDEC member for thesenatorial district) shall be the TemporaryChair of the Senatorial District Conventionfor a part of a county which is joined withanother territory in a senatorial district.

    7. Order of Business. The order of business atCounty and Senatorial District Conventionsshall be as follows:

    (a) Call to Order.

    (b) Establishment of Temporary Roll of Del-egates.

    (c) Report of Credentials Committee. The cre-dentials report shall include recommenda-tions regarding challenges of Delegates or

    delegations, shall be considered accordingto the Rules in Article V, and shall be actedupon before other business is considered.

    (d) Report of the Rules and Procedures Com-mittee and action on its report.

    (e) Election from among those present of aPermanent Convention Chair, a PermanentSecretary, and other ofcers necessaryto conduct Convention business. (TexasElection Code 174.065)

    (f) Election of Delegates and Alternates to theState Convention.

    (g) Other Business: Committee reports, reso-lutions, etc.

    (h) Adjournment.

    8. Election of Delegates and Alternates.

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    (a) Apportionment. The ratio for the selectionof Delegates to the State Convention shallbe one Delegate for each 300 votes or majorfraction thereof cast in the county for thePartys candidate for Governor in the lastGeneral Election. Each County or SenatorialDistrict Convention, however, shall elect at

    least one Delegate and one Alternate to theState Convention; provided, however, thatfor the years 2008 and 2010, the ratio shallbe one Delegate and one Alternate for each180 votes or major fraction thereof cast.

    (b) Number of Alternates. Each County andSenatorial District Convention shall electone Alternate for each Delegate.

    (c) Qualications. Qualications for Delegatesto the State Convention shall be the same

    as those for Delegates from the PrecinctConventions.

    9. Delegation Chair. The County or SenatorialDistrict Convention either shall elect aDelegation Chair or shall assign thisresponsibility to the delegation, either by actionor inaction.

    10. Election Procedure in Presidential and inNon-Presidential Years.

    (a) The order of business for each County orSenatorial District Convention shall includea provision allocating to each precinct theright to elect one Delegate and one Alternatefor each full 300 votes cast in the precinctfor the Democratic nominee for Governorin the last General Gubernatorial Election;provided, however, that for the years 2008and 2010, the ratio shall be one Delegateand one Alternate for each full 180 votescast.

    (b) At its statutory meeting in January, theCounty or Senatorial District Committeeshall group together precincts which castfewer than 300 votes so that those precinctscan caucus to elect one Delegate andone Alternate for those 300 votes. Thesegroupings shall be made on the basis ofgeographical proximity and demographicsimilarity, insofar as possible, and shalltotal a full 300 votes and as close thereto

    as possible. No precincts shall be dividedin the grouping. If there be only one suchprecinct in a county, or if all such precinctscombined do not total a full 300 votes, such precinct(s) shall be assigned to anothe precinct for caucusing purposes by thCounty or Senatorial District Committee

    at its January meeting.

    Provided, howe