Montgomery County Tea Party PAC (MCTP PAC) By-laws

January 2020

ARTICLE I – NAME. The name of this organization is “Montgomery County Tea Party PAC”. References to this organization in these By-laws and other documents may be by its proper name as written in Article I, or as “MCTP PAC.” MCTP PAC operates in accordance with these By-laws, the “Appointment of a Campaign Treasurer” as filed with the TEC, and with the “Statement of Organization” as filed with the FEC. The MCTP PAC is:
• A General purpose, direct campaign expenditure only political committee within the State of Texas and
• A non-connected, independent expenditure-only political committee within the United States

ARTICLE II – MISSION STATEMENT. The mission of MCTP PAC is to organize, educate, and empower present and future generations to better convey our opinions and encourage the adoption of measures and the election of candidates that reflect our Core Values.

ARTICLE III – Core Values.
Acknowledgement of our Creator: The same Lord and Creator that is mentioned throughout our country’s founding document, “The Declaration of Independence,” is omnipresent today. MCTP PAC acknowledges that God is the creator of all things and that without God our efforts are insignificant.

Uphold the Founding Documents: We are inspired by The Declaration of Independence and the U.S. Constitution. We regard the U.S. Constitution to be the supreme law of the land.

Uphold the Free Markets: A free market is the economic outcome of personal liberty. The founders believed that personal and economic freedom were indivisible, as do we. Government interference with the free market, whether it originates from federal, state, or local government, is punitive, unwelcome, and disruptive, thereby inhibiting individual pursuit of happiness and economic liberty.

Uphold Limited Government: We believe that “government is best … which governs the least.” The federal government is limited to actions authorized by the U.S. Constitution. We support individual liberty and individual responsibility; thus, the states or the people should act in all other matters.

Uphold Fiscal Responsibility: A limited government, designed to protect the blessings of liberty, must be fiscally responsible. Increased spending, taxation, and debt unjustly restrict the very individual liberty that limited government is designed to protect, abrogate the rights the U.S. Constitution is designed to secure, and threaten our national sovereignty.

Uphold Ethics: We believe in honesty, transparency, and ethical practices. The end does not justify the means. Our principles are important, and the methods we use to achieve them are also important. We want our government to be an ethical government, so we must be ethical as well.

ARTICLE IV – Definitions.
Definitions used in this document are as defined in the Texas Election Code Title 15 Chapter 251 Subchapter A
Section 251.001 “Definitions” with the following added terms:

Active Support: To engage in at least one campaign communication during a campaign cycle that is:

In favor of a candidate, candidate’s committee, party committee, party’s nominee, or party committee’s formal position on a ballot measure or
Against the opponent or opposite side of a candidate, candidate’s committee, party committee, party’s nominee, or party committee’s formal position on a ballot measure.

Beneficiary:

Any of the following who receives the active support of the MCTP PAC:
1. Candidate for a salaried public office
2. Candidate’s committee for “a“ above
3. A Salaried member of a party committee
A person who is or was during the previous 120 days, an agent, employee, or independent contractor of any of the entities listed under Item 1
A candidate’s immediate family member.

ARTICLE V – Membership and Organization.
Membership:

To be a member of MCTP PAC, an individual must:
1. Indicate support for MCTP PAC Core Values by signing the membership application form
2. Be current on dues and provide the necessary FEC/TEC information.
3. Be a registered voter in Montgomery County, Texas, or any of the immediate surrounding counties.
To be a voting member of MCTP PAC, an individual must:
1. Be a member of MCTP PAC and be Paid In Full for the current year
2. Have attended at least four (4) MCTP PAC meetings in the previous six (6) months, as a MEMBER.
Revocation of membership: A person’s membership can be revoked by 80% vote of the Board of Directors
(BOD). Reasons for revocation of membership include:
1. Actions that demonstrate the person does not support MCTP PAC’s Core Values.
2. Actions that cause so much disruption they impede MCTP PAC from achieving its Mission.
Leadership. MCTP PAC Leadership shall consist of: a Board of Directors (BOD); an Executive Committee consisting of the President, Vice President, Secretary, Treasurer, and Assistant Treasurer. Only voting members are eligible to serve in leadership positions.

Board of Directors (BOD):

There shall be up to nine (9) Directors on the Board elected from the Voting Membership.
Each BOD member is expected to attend at least 75% of board meetings.
The BOD shall govern the affairs of MCTP PAC.
The BOD shall be listed with the Texas Ethics Commission as the “Decision Makers” for the MCTP PAC.
The BOD shall ensure MCTP PAC stays true to its Mission and Core Values.
The BOD shall have sole authority to decide on expenditures and strategies of the MCTP PAC.
A Director, Board Chairman, President, Treasurer, Assistant Treasurer, Secretary, or Committee Chairman can be removed by two-thirds (2/3) vote of the entire BOD.
The BOD shall keep and publish minutes of each BOD meeting for distribution at each subsequent BOD meeting. For future BOD members’ benefit, minutes will contain reasoning behind BOD decisions, when possible.
Directors are elected to serve a one (1)-year term but may be re-elected to serve consecutive terms.
In cases of a Director’s resignation or removal or to fill an existing vacancy, the Board Chairman will choose a temporary Director, subject to two-thirds (2/3) vote of the BOD, and then ratified by two-thirds (2/3) of the voting membership, within 60 days.
A Director shall not be a beneficiary of a campaign.
A Director shall recuse themselves from any discussion that may result in personal gain.
An existing Director shall be immediately considered “resigned” if they become a beneficiary during their term.
A Director shall not accept advice or seek consent from any potential beneficiary.
A Director shall avoid any substantial financial discussions with any potential beneficiary.

NOTE: The general voting membership (even potential beneficiaries) may be allowed to vote on endorsements according to the vetting committee policies; but they do not have authority over expenditures.

Annual Board of Directors (BOD) Election Meeting.

Elections for Directors shall occur annually.The annual elections shall be held the last meeting in January unless an alternate date is announced prior to the start of January and at least 30 days in advance of the proposed meeting.
The President should notify all voting members of Annual BOD Election Meeting thirty (30) days in advance, via email and by placing it on the MCTP PAC website.
MCTP PAC voting members must be present to vote in the annual election.
If the election is held on the last regularly scheduled meeting in January, the quorum requirement is only one voting member. If the election is held at any other time, the quorum requirement is 50% of the voting membership.
The Chairman of the BOD shall present the names of Directors nominated by the BOD.
The President shall open nominations to the voting membership for additional names.
1. If four (4) or fewer additional nominations are made from the voting membership, the names of those additional nominees will be added to those presented by the BOD.
2. If there are more than four (4) nominations from the voting membership, the number shall be reduced as follows:
  1. Additional nominees will be asked to give a short speech, not exceeding two (2) minutes in length
  2. A preliminary vote will be taken to reduce the number of additional nominees to four (4).
  3. Each voting member can vote for four (4) nominees.
  4. A voting member cannot give a nominee more than one (1) vote.
  5. The four (4) nominees with highest vote count will be added to the list of those nominated by the BOD.
All nominees who have not already given a short speech will be asked to do so. A two (2)-minute limit will again apply. All nominees for Directors or for officers of MCTP PAC must be voting members in good standing.
Top Vote Getters
1. Every member present will be given a ballot.
2. Every member present will mark the candidates they wish to elect.
3. Ballots will be returned to the election officer.
4. The election officer will tally the votes for each candidate.
5. The top vote getters (up to 9), with a minimum of 2/3rds of the ballots cast, will be the new directors. Any tie will be settled by a run-off election.
The outgoing Directors’ term ends and the incoming Directors’ term begins at the conclusion of the Annual Election Meeting.

Chairman of the Board of Directors:

Is elected by a two-thirds (2/3) vote of entire BOD.
Conducts board meetings.
Cannot be the President.
Appoints a Board Secretary.
Gives timely notice of board meetings to BOD, President, Vice President, Committee Chairmen, Secretary, and Treasurer.

Board Meetings:

Shall convene at least semi-annually.
Require 50% of the BOD to constitute a quorum.
Are open to MCTP PAC voting members, except:
Prior to the BOD discussing any campaign communication, any potential beneficiaries of the campaign communication shall be required to leave the meeting.
All matters concerning MCTP PAC shall be decided on a BOD vote called for by the Chairman. A majority “Yea” vote by those in attendance shall be required for passage of any vote. If deemed necessary, by the COB, an email vote may be called for by the COB. A majority “Yea” vote, by those casting their vote by the stated COB deadline, shall be required for passage of any vote.
Can be called by the Chairman of the Board, the President, 25% of the BOD, or 25% of the Committee Chairmen, with notice given to the BOD members with a minimum of 48 hours notice.

Executive Committee.
President:

Needs two-thirds (2/3) vote of the entire BOD to be approved or removed from office.
Organizes, inspires, enables, and leads the executive committee and committee chairmen so they can best advance MCTP PAC’s Core Values.
Cannot be the Chairman of the Board.
Attends various community meetings to promote MCTP PAC.
Determines and publishes the annual requirements for active committee membership.
Notifies membership of any official business to be conducted at least 10 days prior to the next general meeting.

Vice-President:

Is appointed and removed by the President.
Assists and fills in for the President when needed.
Cannot be Chairman of the Board.

Treasurer:

Is nominated by the President.
Needs two-thirds (2/3) vote of the entire BOD to be approved or removed from office.
Shall be listed as the Committee Treasurer with the Texas Ethics Commission and the Federal Election
Commission.
Presents financial status reports at Board meetings and upon request to members.
1. Maintains current financial statements.
2. Prepares financial statements containing all data up to 30 days prior to the date of the report.
Ensures that all monies (cash/checks) collected shall be counted by at least two (2) unrelated individuals:one (1) appointed by the Treasurer and one (1) appointed by the President.
Files all required local, state, and federal forms.
Shall be the primary signatory for all bank accounts.
Shall work with the successor to change bank signatory information.

Assistant Treasurer:

Is nominated by the President.
Needs two-thirds (2/3) vote of the entire BOD to be approved or removed from office.
Shall be listed as the Committee Assistant Treasurer with the Texas Ethics Commission and the Federal Election Commission.
Shall assist the Treasurer as needed.
Shall review the work of the Treasurer and report results monthly to the BOD.
Shall act as Treasurer if the Treasurer is temporarily unable to perform his/her duties.
Shall replace the Treasurer if the Treasurer is unwilling or unable to perform his/her duties for a prolonged period.
Shall be an alternate signatory for all bank accounts, as allowed by law & bank policy..
Shall work with the successor to change bank signatory information.

Secretary:

Is responsible for the minutes at all BOD or official business meetings.
Maintains the official documents of the MCTP PAC.
Distributes the minutes and Official Documents to the BOD, President, Vice-President, Treasurer, and Committee Chairmen.

Committee Chairmen:

Are appointed or removed by the President.
Perform tasks under their jurisdiction, as defined by the President.
Keep the President informed on committee progress and actions taken. Must obtain approval before spending money that will be reimbursed or paid directly by MCTP PAC.

ARTICLE VI – Committees.
Committees shall be established by the President to accomplish the Mission of MCTP PAC.

ARTICLE VII – Expenditures.

Expenditures shall not:
1. Include any material involvement of any beneficiary (e.g., beneficiaries are not allowed to design the flyer, identify audiences, etc.).
2. Follow any substantial discussion about the communication with any beneficiary.
Expenditures may include publicly available information from a candidate
Except as noted below, all expenditures shall be approved in advance by a majority of the board, either in an in-person meeting or electronically and documented via email or BOD minutes.
1. An exception is allowed when a perceived need for an expenditure arises when conditions interfere with obtaining such an approval in a timely manner. In that case, expenditures up to $1,000 can be authorized if, and only if, at least three of the following agree: treasurer, assistant treasurer, president, and chairman of the board.
Any request for reimbursement of expenses shall include a reference to the formal vote of the BOD approving the expenditure.

ARTICLE VIII – Parliamentary Authority.

These By-laws shall govern MCTP PAC.
Endorsement votes shall be covered by the Vetting Committee Guidelines rather than the rules defined by this clause
Only voting members may vote in MCTP PAC elections.
Voting members must be present to vote in any MCTP PAC election.
Anything not covered in these by-laws will be governed by Robert’s Rules of Order, 1915 version.

ARTICLE IX – Adoption/Amendment of By-laws.

Acceptance of these By-Laws was made by two-thirds (2/3) majority of the MCTP PAC Voting Membership on January 21, 2019.
Voting members may suggest to the BOD improvements to MCTP PAC By-laws.
Proposed improvements must be approved by two-thirds (2/3) vote of the entire BOD before submission to the voting membership for ratification.
Ratification of suggested improvements requires 30-day notice of proposed amendment(s) and affirmative vote of two-thirds (2/3) of the voting members present at the meeting in which the amendment(s) will be voted on.
A quorum for acceptance or modification of the Bylaws will be 50% of the Voting Members except that a quorum at the Annual Election Meeting is one Voting Member.