North Carolina Democratic Party
Plan of Organization
As Amended Jan 20th, 2007

4.00 STATE ORGANIZATION

4.01 STATE EXECUTIVE COMMITTEE

There shall be a state executive committee that shall be the governing body of the North Carolina Democratic Party as follows:

Composition. The state executive committee shall consist of its elected officers, appointed officers, ex-officio officers, ex-officio members, congressional district chairs, any other members of the state executive council, and a person or persons from each county of the state who shall be elected at the county conventions held in odd-numbered years. Each county is entitled to one (1) member on the state executive committee for each three thousand (3,000) votes, or major fraction thereof, cast by the county for the Democratic nominee for Governor at the last preceding gubernatorial election, provided, however, that each county shall have at least one member. The county chair shall be the member or one of the members elected from the county.

Method of Election. In electing members to the state executive committee, delegates to the county convention shall be instructed to cast one half of their votes for men and one half for women; if the number to be elected is an odd number, they shall be instructed to divide their votes equally with a difference of not more than one. This provision shall be inapplicable when only one member is to be elected.

The presidents of all state auxiliary organizations, with by-laws approved by the state executive committee, shall be ex-officio voting members of the state executive committee.

The members of the Democratic National Committee from North Carolina and the national committeeman and national committeewoman of the Young Democrats of North Carolina shall be ex-officio voting members of the state executive committee.

All Democratic members of the Council of State, the United States Senate representing North Carolina, the United States House of Representative representing North Carolina, and the Democratic Speaker of the North Carolina House of Representatives and the Democratic President Pro Tem of the North Carolina Senate shall be ex-officio voting members of the state executive committee. If a Democrat is not the Speaker of the North Carolina House of Representatives, then the person designated as Democratic or minority leader of the North Carolina House of Representatives shall be an ex-officio voting member of the state executive committee. If a Democrat is not the President Pro Tem of the North Carolina Senate, then the person designated as Democratic or minority leader of the North Carolina Senate shall be an ex-officio voting member of the state executive committee.

Term of Office. The term of office of the members of the state executive committee shall be for two (2) years and shall expire on the date set for the next succeeding county convention held in an odd-numbered year or when their successors shall be elected, whichever shall occur first. Newly elected members shall take office immediately upon their election.

Attendance. Any state executive committee member who fails to attend two or more meetings within such person’s term of elective office or term of office, whichever shall expire first, without sending a proxy in his or her place, shall be removed from membership on the state executive committee. When a member serves by virtue of his or her position as county Chair, removal from the committee shall not affect his or her position as county Chair, and a person shall be elected by the county executive committee to serve on the state executive committee for the duration of the county Chair’s term. When a member serves by virtue of his or her position as a congressional district Chair, removal from the committee shall not affect his or her position as district Chair, and a person shall be elected by the officers of the congressional district party to serve on the state executive committee for the duration of the district Chair’s term. When a member serves by virtue of his or her position as president of a state auxiliary organization or as a national committeeman or national committeewoman of the Young Democrats of North Carolina, removal from the committee shall not affect his or her other position, and a person shall be elected by the statewide officers of the respective organization to serve on the state executive committee for the duration of such person’s term of office. When a member serves by virtue of his or her position as a member of the Democratic National Committee, removal from the committee shall not affect his or her status as a member of the Democratic National Committee, and a person shall be elected by the state executive council to serve on the state executive committee for the duration of such person’s term of office. When a member serves by virtue of his or her position as a state officer, removal from the committee shall not affect his or her position as a state officer, and a person shall be elected by the state executive council to serve on the state executive committee for the duration of such person’s term. When any member, except for members serving in positions specifically listed hereinabove, serves by virtue of his or her membership on the state executive council, removal from the committee shall not affect his or her position on the state executive council, and a person shall be elected by the state executive council to serve on the state executive committee for the duration of such person’s term on the state executive council. When a member serves by virtue of holding some elective office, upon removal such member’s position shall remain vacant for a period of four (4) years, or until such person’s term of elective office expires, whichever shall occur first.

Vacancies for State Executive Committee Members. Vacancies among members of the state executive committee who represent their county on such committee shall be filled at a meeting of the appropriate county executive committee held within thirty (30) days following the creation of the vacancy.

Removals. Officers and members of the state executive committee may be removed in accordance with Section 10.00.

4.02 ELECTED OFFICERS

Date of Election. In each odd-numbered year, the state chair shall convene the state executive committee prior to March 1 for the purpose of electing its officers.

Elected Officers. The state executive committee shall have as its elected officers a chair, three (3) vice chairs and a secretary. The first vice chair must be of the opposite gender of the chair. Among the chair and three vice chairs, one of these must be filled by a person of a racial or ethnic minority which constitutes at least 20 twenty percent (20%) of the registered Democrats in the state and one of these offices must be filled by a person thirty (36) years of age or younger. Gender, racial or ethnic and age requirements need not be followed if filling a vacancy for an unexpired term, but shall be adhered to when the office is filled for a full term.

Vacancy and Succession for Elected State Executive Committee Officers. Vacancies occurring among the elected officers of the state executive committee shall be filled within sixty (60) days following the creation of the vacancy. The state chair shall call a meeting of the state executive committee to fill that vacancy and any other vacancies that might be caused by the action of such committee in filling the vacancy. If, for any reason, there should occur a vacancy in the office of state chair, the first vice chair, the second vice chair, the third vice chair, the secretary or the treasurer, in that order, shall preside and in the absence of all of the foregoing officers, any member of the state executive committee may preside.

4.03 APPOINTED OFFICERS

The state chair shall appoint a treasurer, a sustaining fund chair or co-chairs, a chair for minority affairs and a state advisor for the Teen Dems, all of whom shall serve at the pleasure of the state chair as appointed officers and all of whom shall be voting members of the state executive committee.

4.04 VOTING ON THE STATE EXECUTIVE COMMITTEE

All members and officers of the State Executive Committee, whether elected, appointed or ex-officio, shall be entitled to one vote.

4.05 DUTIES OF THE STATE CHAIR AND CERTAIN OFFICERS

State Chair. The duties of the state chair shall include:

1. Serve as the leader of the party organization in North Carolina;
2. Preside at meetings of the state executive committee, the state executive council and at the state convention;
3. Draft, in consultation with the state executive committee, a strategic plan outlining reasonable political goals for the state;
4. Execute the strategic plan for the state as approved by the state executive council;
5. Convene the state executive committee at least twice per year;
6. Convene the state executive council as needed, but at least once every three months;
7. Set the dates for precinct meetings, county conventions, and district conventions pursuant to this Plan of Organization;
8. Set the date for the state convention pursuant to this Plan of Organization;
9. Serve as a spokesperson for the state party;
10. Raise funds necessary for the state party to meet its goals;
11. Encourage communication to all interested persons and organizations relating to party activities and political and policy positions of the state party;
12. Encourage and facilitate the establishment and continuity of state auxiliary organizations;
13. Serve as liaison with Democratic elected officials;
14. Serve as liaison to the officers of the Democratic National Committee;
15. Appoint committees as may be necessary and in the best interests of the state party;
16. Carry out other duties as may be assigned by the state executive committee or the state executive council;
17. Transmit all records pertaining to the office to successor within ten (10) days of vacating office;
18. Appoint two members to serve on Committee for Distribution of State Campaign Fund (tax checkoff) as provided for in Section 8.03.

Vice Chairs. The duties of the three vice chairs shall be assigned by the state chair, with the approval of the state executive council.

Secretary. The duties of the secretary shall include:

1. Keep and maintain all minutes of meetings of the state executive committee, the state executive council, and the state convention;
2. Issue all meeting notices for the state executive committee, state executive council, and other state party committees pursuant to this Plan of Organization;
3. Notify county executive committee chairs and district executive committee chairs, immediately after the annual meeting of the state executive committee held prior to March 1, in writing, of the dates fixed for the holding of precinct meetings, the date for holding county and district conventions, and the date for the state convention (if applicable), as well as other information provided for release in Section 4.08.
4. Distribute minutes of meetings of the state executive committee and the state executive council to all members of the state executive committee no later than fourteen (14) days after said meeting is held.
5. Carry out other duties as may be assigned by the state executive committee or state executive council;
6. Transmit all records pertaining to the office to successor within ten (10) days of vacating office.

Treasurer. The duties of the treasurer shall include:

1. Maintain the state executive committee treasury at an insured commercial bank;
2. Assist the state chair in raising funds necessary for the state party to meet its goals;
3. Maintain all records required by law or by the state executive committee of contributions received and disbursements made;
4. Prepare and file any reports as may be required by law or by the state executive committee;
5. Distribute to all members of the state executive committee a summary of the general finances of the state party as well as a summary of the funds received and disbursed by the state party for each calendar quarter within thirty (30) days of the end of each calendar quarter;
6. Transmit all records pertaining to the office to successor within ten (10) days of vacating office;
7. Serve on Committee for Distribution of State Campaign Fund (tax check-off) as provided for in Section 8.03.

Chair or Co-Chairs of the Sustaining Fund. The chair or co-chairs of the Sustaining Fund shall have the duties of encouraging and working with county executive committees to meet the county’s sustaining fund goal.

Chair for Minority Affairs. The state chair for minority affairs shall serve as a liaison between the party and the Democratic minority communities in the state and shall encourage full participation and representation in all party affairs.

Teen Dems Advisor. The advisor to the Teen Dems shall have the duty of propagating Teen Dem Clubs throughout North Carolina and of providing guidance and coordination for Teen Dem operations and activities.

4.06 STATE EXECUTIVE COUNCIL

Powers. When the state executive committee is not in session, the state executive council shall act in its place in all matters, except those explicitly requiring action by the state executive committee.

The state executive council shall have the authority to approve large expenditures, secure loans and lines of credit, sell and purchase real estate, lease office space, execute deeds and deeds of trust, and approve and perform similar financial transactions of the North Carolina Democratic Party. The state executive council may adopt resolutions from time to time authorizing an individual or individuals to execute legal documents, including, without limitation, deeds, deeds of trust, loan agreements, contracts, security agreements, leases, and any other paper-writing; such resolution may be limited in scope.

Meetings. The state executive council shall meet at least once every three months upon call of the state chair or upon request of forty percent (40%) of its members.

Composition. The members of the state executive council shall be: the state chair, each of the three state vice chairs, the secretary, the treasurer, the chair or co-chairs of the Sustaining Fund, the chair for minority affairs, the advisor to the Teen Dems, the state presidents of all state auxiliary organizations with by-laws approved by the state executive committee, the congressional district chairs, the members of the Democratic National Committee from North Carolina, the national committeeman and the national committeewoman of the Young Democrats of North Carolina, and three at-large members appointed by the state chair. These three members appointed by the state chair shall reasonably reflect the geographic, racial, ethnic, and gender makeup of registered Democrats in North Carolina. The state chair shall serve as chair of the state executive council.

4.07 STATE EXECUTIVE COMMITTEE MEETINGS

Regular Meetings. The state chair shall call a meeting of the state executive committee each year prior to March 1. In addition, the state chair shall call a meeting of the state executive committee at least once more during the calendar year to provide members with an update on party activities and to conduct such other business as may be necessary.

Called Meetings. Upon written receipt of a petition from forty percent (40%) of the state executive committee, the state chair shall call a meeting of the full state executive committee within thirty (30) days.

4.08 ORDER OF BUSINESS OF THE STATE EXECUTIVE COMMITTEE MEETING HELD PRIOR TO MARCH 1

Each year, the state chair shall convene the state executive committee prior to March 1. At such meeting, it shall be the duty of the state chair to publicly announce and enter into the proceedings of that meeting the following as the first order of business:

1. The two–week period of time in which all precinct meetings are to be held in accordance with Section 1.04. Except that in a presidential election year, the state chair shall designate the exact date in which precinct meetings are to be held in accordance with Section 1.04.
2. The eight (8) day period in which annual county conventions are to be held in accordance with Section 5.01. Except that in a presidential election year, the state chair shall designate the exact date in which county conventions are to be held in accordance with Section 5.01.
3. The exact date at which congressional district conventions are to be held each year in accordance with Section 6.01.
4. The exact date, time and place at which the state convention is to be held each even-numbered year in accordance with Section 6.02.
5. In promulgating the dates for county, district, and state conventions, the state chair shall set the dates for such conventions so as to provide a reasonable time between all such meetings for the resolutions adopted by the various conventions to be presented to and considered by the Resolutions and Platform Committee at the state convention.
6. In each year, the state chair shall announce the number of votes to which each county is entitled at the congressional district conventions and at the biennial state convention.
7. The state chair, in odd-numbered years, will submit the constitutions and/or by-laws of each state auxiliary organization for approval of the state executive committee which shall issue or reaffirm the charters of such organizations upon approval of such by-laws and/or constitutions. As a part of the constitution and/or by-laws of each state auxiliary organization, there shall be a statement indicating that a primary mission of the organization is the promotion of the Democratic Party, its nominees for elective office, and its elected officials. In addition, the constitution or by-laws of each state auxiliary organization must provide a mechanism for dealing with county chapters of state auxiliary organizations that deviate from the mission outlined above.
8. In even-numbered years, elect one (1) individual from each Congressional District to the Resolutions and Platform Committee.
9. Each year, to receive for information the most recent financial statement of the Party and to approve an annual budget prepared and submitted by the state executive council.
10. In odd-numbered years, consider any petitions to use an alternative method for organizing precincts in accordance with Section 1.10.

4.09 OTHER BUSINESS

The state executive committee shall, as the need arises and as North Carolina General Statutes direct, create any sectional committee to nominate, replace, or recommend any Democratic candidate, nominee or elected official.

4.10 EXECUTIVE DIRECTOR AND STATE PARTY STAFF

A full-time executive director shall be selected by the state chair with the approval of the state executive council to serve at the pleasure of the state chair. The performance of the executive director shall be subject to annual review by the state chair and the state executive council. The other staff of the state party shall be employed by and under the supervision of the executive director.

The duties and responsibilities of the executive director and the staff of the state party shall include:

1. Administering the day-to-day affairs of the state party;
2. Assisting the officers of the state party in the execution of their duties;
3. Implementing the strategic plan drafted in consultation with the state executive committee and approved by the state executive council;
4. Plan and execute the state party’s coordinated campaign effort to assist in the election of Democrats at every level;
5. Serve as liaison with precinct, county, and district officers of the state party organization;
6. At the direction of the state chair, serve as spokesperson(s) for the state party;
7. Provide adequate communication with party officers, elected officials, and other interested Democrats as to the activities of the state party;
8. Provide for the public announcement of the dates, and where applicable, the times and locations set by the state chair for precinct meetings, county conventions, congressional district conventions, and the state convention. Said public announcement to be made no less than fourteen (14) days prior to the date of the said meetings or convention;
9. Obtain pertinent legal and financial advice as necessary to keep the state party in compliance with all applicable laws and regulations;
10. Carry out such other duties as may be assigned by the state executive committee or state executive council;
11. Transmit all records pertaining to position to supervisor or successor immediately upon vacating position.

4.11 INDEPENDENT FINANCIAL REVIEW
The state executive council shall provide for an annual financial audit by an independent accountant of the financial accounts and balances of the state executive committee funds.

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