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Constitution

The American Freedom Party Constitution

ARTICLE I

NAME, PURPOSE AND MEMBERSHIP

A. Name. The name of this organization shall be The  American Freedom Party, also referred to as “AFP”.

B. General Purposes. AFP shall qualify in one or more states, in order to nominate and support the election of candidates in partisan races for public office and promote  just and proper principles.

C. Membership. Party membership is open to any voter of any state or territory of the United States who registers to vote A3P and any other person approved for membership by the President, a State Chair (subject to sufferance of the President), or their designee.

ARTICLE II

GOVERNING LAW

A. Constitution and Other Rules. This Constitution shall be the primary governing document of the AFP. Other  rules and regulations, as promulgated by the President and approved by the Board, as well as state and local rules and regulations, as promulgated by the State Chair (subject to sufferance of the President) and approved by the  State Council, shall also become governing rules, so long as they are not inconsistent with this Constitution or the laws of the several states.

B. Adoption and Modifications.

1. The President, with approval of the Board of Directors, shall have full power to adopt and amend any Bylaw as he may so chose and as may be required by the laws of the several states.

2.  Any A3P member may make suggestions to the President (through their local leaders) to amend the Constitution.  At each National and State Convention, the Constitution shall be ratified or rejected by a 2/3rds or more show of hands.  If rejected, the President shall make changes as appropriate and resubmit them at the next National or State Convention.

C. Severability. If any portion of this Constitution is ever declared void, all other portions shall remain binding and effective.

ARTICLE III

OFFICERS AND DIRECTORS

A. National Officers. The Officers of the A3P shall be:

Chairman, who shall hold ultimate veto and removal power

President, who shall be the chief executive officer

First Vice President, who shall assist the president

Second Vice President, who shall assist the president

Secretary, who shall keep the non-financial books and records

Treasurer, who shall be in charge of the financial books and records

And as many assistants as the President shall determine.

B.  Board of Directors. There shall be a board of directors of at least 7 and no more than 15 persons who shall be appointed by the President and shall serve at his sole and absolute discretion .

C. State Officers. The various State Officers of the A3P shall be:

State Chair, who shall be the State operations chief executive officer

State First Vice President, who shall assist the State Chair

State Second Vice President, who shall assist the State Chair

State Secretary (who shall serve as liaison with the Lt. Governor or other official re A3P matters)

State Treasurer, who shall be in charge of the financial records

And as many assistants and local leaders as the State Chair shall determine, subject to sufferance of the President.  The President shall appoint the State Chair.  The State Chair shall appoint a State Council (also called State Board of Directors), subject to sufferance of the President, consisting of at least 3 and no more than 15 persons who, under the direction of the State Chair, shall decide all matters of state concern, subject, however, at all times to the sufferance of the President.

C. Duties of Officers.

The duties and terms of office of the Officers, both national and state, shall be  as determined by the President , or other persons as he shall designate. The National Officers shall be U.S. Citizens, and the State Officers shall be residents and registered voters in the state in which they serve.

D. Election of Officers.

1. All National Officers shall be appointed and removed by the President, subject, however, to removal by a 2/3rds vote of the Board of Directors or by 2/3rds show of hands at the National Convention.

2. All State Officers and State Council shall be appointed and removed by the  State Chair, subject to direction and approval by the President and subject to removal by a 2/3rds show of hands at the State Convention.

ARTICLE IV

DIRECTORS AND CHAIRMAN

A. Powers. The Board of Directors shall be the governing and policy-making body of the A3P.  Insofar as allowed by law, the Board of Directors shall follow the advice and direction of the President.

B. Membership. The Board of Directors,  appointed and removed by, and  serving at the sufferance of the President (as provided in Article III B above) shall also be subject to removal by a 2/3rds  show-of-hands vote at the National Convention.

C. Quorum. In order to conduct binding business, a meeting of the Board of Directors must have a quorum of  at least fifty percent (50%) of the directors.

D. Chairman. As a general rule, the Chairman shall follow the direction of the President  in all things, provided, however, and not withstanding anything else to the contrary contained in this Constitution , or other governing documents, the Chairman shall have full veto power over any act by the President and may remove or replace him at any time and with or without prior written notice.  The Chairman shall serve for as long as he is able and willing.  In the event of the death or resignation of the Chairman, the President shall appoint a new Chairman.

ARTICLE V

COMMITTEES

A.  National, State and Local Committees. The President may establish national committees as he shall deem appropriate.  The State Chairs may establish state, county and other local committees as they shall deem appropriate, subject, at all times, to the sufferance of the President.

B.   Finance Committees. The National Treasurer and the State Treasurer shall establish finance committees as they deem appropriate (subject to sufferance of the President).

ARTICLE VI

DEPOSITS AND EXPENDITURES

A. National Operations Bank Accounts. The National operations shall maintain its own bank accounts under the direction of the Treasurer, subject to sufferance by the President.  The Treasurer shall make periodic and annual financial reports to the President and the Board of Directors.  The Treasurer shall also oversee, review and/or audit the various State operations as the Treasurer shall deem appropriate.

B.  State Operations Bank Accounts. The State operations shall maintain their own bank accounts under the direction of the State Treasurer, subject to sufferance by the President.  The State Treasurer shall also oversee, review and/or audit the various State operations as the Treasurer shall deem appropriate.

C.  Proper Spending. All funds shall be expended only in furtherance of the purposes of the A3P, as determined by the President, or his designates, and according to state and federal law.

ARTICLE VII.

CAUCUS AND CONVENTION PROCEDURES

A. Annual National Convention. The President shall call an annual National Convention at times and places as he shall so designate upon at least 30 days prior notice.

B.  Annual State Convention. The State Chair shall call annual State Conventions and or caucuses at times and places as he shall so designate, subject to the sufferance of the President.

C.   Confirmation by Members. At the National and State Conventions those in attendance shall have the opportunity to confirm the various officers and directors, State Officers and State Council by a show of raised hands, and to reject them by 2/3rds or more vote.

D.  Membership Participation. Any A3P member present at a caucus or convention may participate in the  party process.  Any A3P member may make recommendations, nominations (including nominations for local, state and federal office) or suggestions to the President or the State Chair by submitting their comments to their local leader.

E.  Public Postings. Within 14 calendar days of appointment, the State Secretary shall make available to the public at the State and National offices a list of appointments, including officers, directors, delegates and candidates for public office.  Thereafter, the list shall be posted on the A3P’s website.

F. Selection of Candidates. The A3P shall select all candidates for partisan offices at the federal, state and county level and electors for the elector college  as follows: The President shall select the presidential and vice presidential candidate. The State Chair shall select state, local and federal candidates, at the sufferance of the President.  Members of the A3P may submit their own names, or the names of others for consideration.  At a caucus or convention held for that purpose, A3P members shall have the opportunity to confirm (or reject by 2/3rds show of hands) any candidate appointed by the State Chair or President.  If rejected, the President or the State Chair, as the case may be, shall forthwith select another candidate and submit  the name(s) to the membership for confirmation.

G.   Vacancies. Any vacancy (for any reason) in a local state or federal position (including but not limited to presidential elector, representative or senator, candidate for office, etc.) shall be filled by the State Chair, at the sufferance of the President.

H.  Joint Ticket. The A3P candidates for governor and lieutenant governor shall run as a joint ticket.

ARTICLE VIII

ROBERT’S RULES OF ORDER, GRIEVANCES, RECORDS

A.  Rules of Order. A3P does not use Robert’s Rules of Order.

B.  Grievances. Any A3P member may register any grievance he may have with the party by filing with his local leader, or State or National leader as appropriate.

C.  Records Available to Public. All National, State and Local records shall be made available to the members and the public only to the extent and in a form that is required by various state and federal law.

Ratified as of November 4, 2009

STATE RATIFICATION

State of ____________________

The undersigned, constituting the initial state officers and State Council (State Board of Directors) for this state hereby ratify the above Constitution of the American Third Position and confirm their intent to register as a political party with the state.

__________________________   __________________________

State Chair                                            State Councilmember

__________________________   __________________________

State Councilmember                            State Councilmember

Approved:

___________________________________

President (or his designee)

By: William D. Johnson, Chairman/Designee

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