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

10.00 REMOVAL AND VACATING OF OFFICERS AND COMMITTEE MEMBERS

10.01 GROUNDS FOR REMOVAL

Any officer or committee member of the Democratic Party at any level, including the precinct, the county, the congressional district, the prosecutorial district, the state senatorial district, the state house of representatives district, the state executive committee, the state executive council or any committee, subcommittee, or council thereof, who directly or indirectly, gives support to, aids or helps any opposing political party or candidate of any opposing party, or who refuses or fails to perform his or her duties, or who is convicted of a crime involving moral turpitude, may be removed from office.

10.02 PROCEDURE FOR REMOVAL

Petitioners. Any active Democrat who petitions for the removal of an officer or committee member shall be called a Petitioner. Petitioners must be from the jurisdiction of the office or committee from which the officer or committee member against whom the Petition is filed; except that the state chair may be a Petitioner against any officer or committee member of the Democratic Party at any level.

Respondents. The person against whom a petition is filed shall be called a Respondent.

Petition. Except as provided in Paragraphs 4 and 5 of this Section, a petition setting forth full details of the allegations against the officer or committee member shall be submitted to the state chair, as provided below.

State Chair as Respondent. When the state chair is a Respondent under this section, the first vice chair of the state executive committee shall receive the petition and perform the duties as set forth in this Section in place of the state chair.

Precinct Officer or Precinct Committee Member as Respondent. The petition shall be submitted in writing to the county chair and shall be signed by three (3) Petitioners. The county chair, upon a majority vote of the elected officers of the county executive committee agreeing that the petition has sufficient merit to warrant a full hearing, shall call, pursuant to this Plan of Organization, a meeting of the county executive committee to hear the Petitioner(s), the Respondent(s), and other interested parties or witnesses. A two-thirds (
) vote of those members of the county executive committee present and voting shall be necessary to remove a precinct officer or precinct committee member. The decision of the county executive committee shall be final. The county chair shall cause a detailed account of any removal and replacement hereunder to be filed with the state chair.

All Other Officers or Members as Respondent. The petition shall be submitted in writing to the state chair and shall be signed by three (3) Petitioners. The state chair, upon a majority vote of the elected officers of the state executive committee agreeing that the petition has sufficient merit to warrant a full hearing, shall call, pursuant to this Plan of Organization, a meeting of the Council of Review to hear the Petitioner(s), the Respondent(s), and other interested parties or witnesses. A two-thirds vote of those members of the Council of Review present and voting shall be necessary to remove an officer or member. The secretary of the Council of Review shall cause a detailed account of any removal and replacement hereunder to be filed with the state chair. The Council of Review shall otherwise follow its procedures as set forth in Section 9.08 herein.

Petitioner(s) and Respondent(s) shall have the right to appeal any decision by the Council of Review on their respective case to the State Executive Council.

10.03 VACATING PARTY OFFICE WHEN A CANDIDATE OR CAMPAIGN MANAGER IN PRIMARIES

Any officer of any precinct, county, congressional district or state executive committee, who (1) files for a partisan elective office and who is opposed in the Democratic Primary or (2) manages a campaign for a candidate in a partisan elective office who is opposed in the Democratic Primary, shall be deemed to have vacated that office as of the date that another Democrat files for the same elective office. Such vacancy shall be filled as provided for in this Plan of Organization.

Any officer of any county, congressional district or state executive committee, who takes an active campaign managerial or staff role or is a treasurer appointed for campaign reporting purposes in support of a candidate in a partisan elective office who is opposed in the Democratic primary, shall be deemed to have vacated that office as of the date such candidate and another Democrat file for the same elective office. Such vacancy shall be filled as provided for in this Plan of Organization.

10.04 SIMULTANEOUS OFFICE HOLDING PROHIBITED IN SOME CIRCUMSTANCES

Should any county executive committee officer, congressional district executive committee officer, or state executive committee officer be elected as an officer of the county executive committee, district executive committee, or state executive committee, he or she shall be deemed to have automatically vacated their previous office. No elected officer of any county executive committee, district executive committee, or state executive committee may simultaneously serve as the President of any statewide auxiliary organization recognized under Rule 4.08. Upon election as President of a statewide auxiliary organization, an officer of the county executive committee, district executive committee, or state executive committee shall be deemed to have automatically vacated their position as an officer of the county executive committee, district executive committee, or state executive committee. Should a President of a statewide auxiliary organization be elected as an officer of the county executive committee, district executive committee, or state executive committee, he or she shall have fifteen (15) days after such election to resign as President of the statewide auxiliary organization or he or she shall be deemed to have automatically vacated his or her new position as an officer of the county executive committee, district executive committee, or state executive committee.

Back to Contents