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1 BYLAWS Adopted Pursuant to the Charter of the Democratic Party of the United States Virgin Islands. ARTICLE I Democratic Territorial Convention Section 1: The Territorial Convention is the highest authority of the Democratic Party, sub- ject to the provisions of the Charter. Section 2: The Territorial Convention shall adopt permanent rules governing the conduct of its business at the beginning of each Convention, and until the adoption of such perma- nent rules, the Convention and the activities attendant thereto shall be governed by temporary rules set forth in the Call to the Territorial Convention. Section 3: Delegates to the Territorial Convention shall be allocated in the call to the Convention consistent with the Charter. ARTICLE II Democratic Territorial Committee Section 1: Duties and Powers: The Democratic Territorial Committee shall have general re- sponsibility for the affairs of the Democratic Party between Territorial Conventions subject to the provisions of the Charter and to the resolutions or other official actions of the Territorial Convention. This responsibility shall include, but not be limited to: (a) Issuing the Call to the Territorial Convention; (b) Conducting the Party's Election Campaign; (c) Filling vacancies in the nominations for the office of the Governor, Lt. Governor, Delegate to Congress and Senators; (d) Assisting Democratic Party organizations in the election of their candidates and the education of their voters; (e) Formulating and disseminating statements of Party policy promoting programs for the systematic study of public policy issues, through participation of members of the Democratic Territorial Committee and through specific-projects administered by the Education and Training Council; 2 (f) providing for the election or appointment of a Chairperson, Vice-Chairperson of whom shall be of the opposite sex of the Chairperson, a Treasurer, a Territorial Fi- nance Chair, a Secretary and other appropriate officers of the Territorial Committee as shall be determined by the Committee, and for the filling of vacancies; (g) Establishing and maintaining three headquarters of the Party; (h) Promoting and encouraging Party activities at every level, including but not limited to the following: (1) promoting and encouraging implementation of all Party mandates; (2) the fulfillment by the Party of its platform pledge and other commitments; (3) establishment and support of an adequate system of political research; (4) the preparation, distribution and communication of Party information to its members and the general Public; (5) the development and maintenance of a program of public relations for the Party; and (6) development of a program for the coordination of Party committees, organ- izations, groups, public officials and members. (i)Fundraising to support the work of the Party (j) Encouraging and assisting groups of Party members in the organization of Clubs to promote further principles, programs and nominees of the Democratic Party , and assure certificates of recognition to any such Democratic Clubs so formed. Section 2: Membership A. Members of the Democratic Territorial Committee provided for in subsection (b) of Section 2 of this article shall be certified to the Territorial Committee; B. The Territorial Committee shall consist of the following members in the following order of priority: 1. Elected Territorial Committee Members; 2. State chair 3. Governor (titular head) and Lt. Governor or nominees 4. Delegate or nominee 5. Elected members of the Legislature and nominees 6. National Committeeman and Woman 7. Appointment by the Territorial Committee; C. Party Officers, State Chair, National Committeeman and National Committeewoman shall be elected at the Party convention or Caucus. The Supervisor of the Election, with the assistance of the board of elections, shall prepare and certify rosters of the names and addresses of persons enrolling as members of each political 3 party, and shall transmit such rosters to the Chairman of the Territorial Committee for each political party within twenty (20) days after organization of its first territorial committee. Section 3: Conflict of Interest Officers of the Territorial Committee shall not enter into any contract for employment or accept any exempt position, policy making position or position of trust with an opposition ad- ministration where such employment will either impair that persons independence of judg- ment as to their official party capacities or require them or induce them to disclose confiden- tial information acquired by them in the course of their official party duties.. (b) If any Territorial Committee officers accept relationship as described in subsection (a) of this Article, that person shall within ten days of such relationship notify the Territorial Com- mittee and submit their resignation from their party position. (c) The Territorial Committee, by majority vote of the members present and voting, shall re- move such individual from office upon the failure of the affected person to notify the Territo- rial Committee and resign from their Party position. Section 4: Recognized Party Caucus Any senator or public official elected on the democratic party ticket who associates himself or herself with any caucus other than the caucus recognized by the Democratic Territorial Com- mittee of the Democratic Party Of the Virgin Islands during the term of his or her office, auto- matically by that association shall forfeit his or her vote in the affairs of the Territorial Com- mittee of the Democratic Party of the United States Virgin Islands for the duration of his or her term and will not be recognized at any Territorial District or Democratic Party activities. Section 5: Resignation or Removal of Members A member of the Democratic Territorial Committee may resign by written notice to the Chairperson of the Territorial Committee, and such a resignation shall be effective immedi- ately. (b) After notice and opportunity for public hearing and upon grounds found by the Territorial Committee to constitute good and sufficient cause, the Territorial Committee may remove a member by two-thirds vote of the Territorial Committee. (c) Failure of any member of the Territorial Committee to declare affirmatively his or her support for the Democratic Governor, Lt. Governor, Delegate to Congress and Senatorial nominees within thirty (30) days after the adjournment of the Territorial Convention or pri- mary shall constitute good and sufficient cause for removal. Section6: Vacancies 4 Vacancies on the Territorial Committee or in any elected party office shall be filled by the per- son receiving the next highest number of votes cast in the Primary Election, or at the Territo- rial Convention and in the event such person declines or is unavailable to serve, then a repla- cement shall be selected by a two-third majority of the members present and voting at a duly scheduled meeting of the Territorial Committee. Section 7: Contests or Challenges (a) Any challenge to the credentials of a member of the Democratic Territorial Committee may be made by any registered Democrat from the district of the member challenged or any member of the Democratic Territorial Committee and shall be filed by Registered Mail (return receipt requested) within thirty (30) days of the selection of such member. (b) As soon as practicable following his or her selection, the Chairperson of the Territorial Committee shall appoint a Credentials Committee subject to the approval of the members thereof the Territorial Executive Committee of the Territorial Committee. (e) The Credential Committee shall determine the validity of the credentials of those elected to the Territorial Committee, and decide all challenges to the seating of such members. The Credentials Committee shall provide each party to a dispute a reasonable opportunity to be heard. The Credentials Committee shall submit its report to the Territorial Committee for approval. Section 8: Meeting (a) The Territorial Committee shall meet within ten (10) days following the primary and as stated in Title 118 VIC Section 304A. The Territorial Committee is authorized to organize with those members already elected in- cluding any person seated temporarily as provided in Section 7(b) and entitled to serve as of the first meeting of the Committee. The Territorial Committee shall select members of the temporary Executive Committee who shall organize the committee; The permanent members of the Executive Committee shall be selected at next regular meeting of the Democratic Territorial Committee. (b) The Territorial Committee shall meet quarterly. Quarterly meeting dates shall be established during the first regular meeting of the Territorial Committee. The Chairman shall issue reminders of the quarterly meetings no less than fifteen (15) days prior to the schedule meetings. Meeting notices can be by e-mail, text messaging, postal mail or any other electronic means approved by the Territorial Committee. The Chairman must is- sue notice all members of the Territorial Committee regarding quarterly meetings. The Chair- man must provide and maintain proof of such notification. 5 Special meetings of the Territorial Committee may be held upon the call of the Chairperson with the approval of the Executive Committee or by a petition signed by twenty five percent (25%) of Territorial Committee with at least five days’ notice to the members. No action may be taken at such a special meeting unless such proposed action was included in the notice of the special meeting. Filling vacancies vacancy on the Territorial ticket shall be held on the call of the Executive Committee, who shall set the date for such meeting in accordance with the procedural rules provided for in Article Two, Section six (6) of these Bylaws. Section 9: Quorum and Voting (a) Fifteen of the full membership of the Democratic Territorial Committee shall constitute a quorum for the conduct of business. Proxies shall not he counted for the establishment of a quorum. Decisions of the Territorial Committee will he made by a majority of the members present and voting, except where otherwise provided. b) Except as otherwise provided in the Charter or in these Bylaws, all questions before the Democratic Territorial Committee shall be determined by majority vote of those members present and voting in person or by proxy. (c) Proxy voting shall be permitted. All proxies must be in writing and no member may at any one time hold or exercise proxies for more than one person entitled to vote other than his or her own provided, however, that the proxy being used has not been used more than twice within a calendar year. All proxies must be approved by Secretary or his or her representative and submitted up to 30 minutes Prior to the meeting. Proxies submitted after that will not be accepted. (d) Each member of the Territorial Committee shall be entitled to one vote on each issue be- fore it. (e) Voting to fill a vacancy on the Territorial ticket shall be in accord with procedural rules adopted by the Rules and Bylaws Committee and approved by the Democratic Territorial Committee. To fill a vacancy on the territorial ticket shall be by a majority of the membership present. (f) The Chairperson of the Territorial Committee may refer matters to the members of the Territorial Committee for consideration and vote by mail, provided, however, that if members aggregating more than twenty percent (20%) of the full membership shall so request. the matter shall be presented to the next meeting of the Territorial Committee. Section 10: Committees 6 (a) In addition to the Committees otherwise provided for in the Charter or in these Bylaws, there shall be the following standing committees of the Democratic Territorial Committee: 1. Resolutions Committee: The Resolutions Committee shall receive and consider all resolutions proposed by a member of the Democratic Territorial Committee on matters of policy proposed for adoption by the Democratic Territorial Committee, and shall report in writing. Said reporter shall contain the text of each resolution considered but not recommended for adoption; Resolution shall be submitted to the Secretary of the Democratic Territorial Committee at least twenty-one (21} days prior to the meeting of the Territorial Committee, and copies of all such resolution shall be sent to each member no less than fourteen (14) days prior to the Territorial Committee meeting, provided that the Executive Committee may vote to submit urgent timely resolutions to the Territorial Committee even though not submitted within these time periods. 2. Rules and Bylaws Committee The Rules and Bylaws Committee shall receive and consider all recommendations for adoption and amendments to the Rules and Bylaws of the Territorial Committee and to the Charter of the Democratic Party of the United States Virgin Islands; Recommendations for amendment to the Charter of the Democratic Party of the United States Virgin Islands shall receive by the Rules and Bylaws no less than sixty (60) days prior to a regular meeting of the Democratic Territorial Committee, provided that the Executive Com- mittee may approve direct submission of a recommended amendment to the Charter if the requirements of timeless of the Charter are otherwise met; Recommendations for amendment to the Bylaws or adoption of rules for the Democratic Territorial Committee shall be submitted to the Rules Committee shall mail such proposed recommendations to the members no less than thirty (30) days prior to the Territorial Com- mittee. It shall be responsibility of the member of the Territorial Committee submitting a Bylaws Amendment to distribute a copy to all members of the Committee within the time required by these Bylaws for consideration, or submit the request to the Secretary with ample time to make such distribution; The Executive Committee may refer to the Rules and Bylaws Committee for preliminary con- sideration the temporary Rules of the Territorial Convention to be included in the Call to the Convention, and the Executive Committee may adopt the recommendations by the Rules and Bylaws Committee as such temporary Convention rules; 7 The Rules and Bylaws Committee shall conduct a continuing study of the Bylaws, Rules and Charter and make periodic recommendations for amendment, extension or other action, provided that any such recommendations by the Rules and Bylaws Committee be submitted to the members of the Territorial Committee at the time the agenda is presented; and The report of the Rules and Bylaws Committee shall in writing and shall contain the full text of action recommended and shall identify recommendations not approved by the Committee for adoption 3. Credentials Committee As soon as practicable following his or her selection, the Chairperson of the Territorial Committee shall appoint a Credentials Committee subject to the approval of the members thereof the Territorial Executive Committee of the Territorial Committee. The Credential Committee shall determine the validity of the credentials of those elected to the Territorial Committee, and decide all challenges to the seating of such members. The Credentials Committee shall provide each party to a dispute a reasonable opportunity to be heard. The Credentials Committee shall submit its report to the Territorial Committee for approval. 4. Budget and Finance Committee The Budget and Finance Committee shall have general responsibility of developing the budget and raising funds to support the Democratic Territorial Committee. It will be co-chaired by the Finance Chair and Party Treasurer who will advise the State Chair and the Executive Committee of the Democratic Territorial Committee with respect to fi- nances of the Democratic Party. The Committee will also advise and assist District Committees and candidates in their fund- raising. 5. Ad Hoc Committee The Territorial Committee may from time to time create such other standing or Ad Hoc committees as it shall deem appropriate. (A) Except as otherwise provided in the Charter or in these Bylaws, the members of all committees of the National Committee shall be appointed by the Chairperson of the Democratic Territorial Committee, in consultation with the Executive Committee, sub- ject to ratification by the Democratic Territorial Committee, and shall be appointed to serve for the tenure of the Chairperson. 8 Section 11. Participation in all Party Affairs: The Democratic Party of the United States Virgin Islands shall be open to all who desire to support the Party and who wish to be known as Democrats. Participation in the affairs of the Democratic Party shall be open pursuant to the standards of nondiscrimination and affirma- tive action incorporated into the Charter of the Democratic Party of the United States Virgin Islands. (b) The Territorial Democratic Party organizations shall undertake affirmative action programs designed to encourage the fullest participation of all Democrats in all Party Affairs. All Party Affairs shall mean all activities of each official Party organization commencing at the lowest level and continuing up through the Territorial Democratic Party. Such activities shall include but not be limited to the processes in which delegates are selected to the Territorial Democratic Convention; Party officials are nominated or selected; Party policy, platforms, and rules are formulated; and regular programs of voter registration, public education and public relations. Such pro- grams may be developed and sponsored in cooperation with the Democratic Territorial Com- mittee. (c) The Democratic Party of the Virgin Islands shall carry out programs to facilitate and in- crease the participation of low and moderate income persons. These programs shall include provisions and resources for outreach and recruitment to achieve representation and equita- ble minimize economic factors which act to bar full participation by such persons Section 12. District Committees There shall be three Districts within the Democratic Party of the United States Virgin Islands. The districts are comprised of the St. Croix District, the St. Thomas district, and the St. John District. b. Each District shall consist of the members of the Territorial Committee residing in the re- spective District along with all other members of the of the Democratic Party of the US Virgin Islands from who have met the residency requirements of each of the Islands District Commit- tee and the rules governing membership. c. Each district shall have as its Chairperson, the elected Chairperson, for each of the St. Croix, St. Thomas, and St. John districts. All other officers are determined by the District rules, and shall be selected in accordance with District rules and shall serve for term of two (2) years. d. An Executive Committee shall be created and charged with the responsibility of implement- ing the policies and purposes of the District Committee, the general management of the af- fairs of the District Committee and such further authority as may be specifically conferred upon its rules. 9 e. The District committees shall be comprised of the district Chairpersons all the members of the Territorial Committee who reside in the respective District along with fifteen (15) other members appointed by the district chairperson who are members of the Democratic Party of the US Virgin Islands who meet the residency requirements of each District Island Committee; except the chairperson of the St. John District committee may appoint no less than ten (10) such members. f. The District Committees will meet and organize itself with the District Chairperson who was elected at the Primary Election. The District Committees shall be governed by the rules of the previous District Committee until such time the new are adopted by the District Committee and approved by the Territorial Committee g. District Committees shall act affirmatively to develop and implement appropriate education, training, fund-raising and outreach programs directed at low and moderate income Democrats and shall implement rules and regulations of the Party in their most con- strictive interpretation to effect increased participation and representation by people of low and moderate income. h. Each District Committee shall require each unit of the Party which holds such meetings to publicize effectively and in a timely fashion the dates, times, and places of all such meetings. i. Notice of meeting shall be published as required in this Section prior to the meeting. Such notice may appear as legal notice, paid advertisement, news item, direct mail, radio or televi- sion announcement, or in such other form as may reasonably by designed to notify De- mocrats of the meeting. j. If challenged, the district committees shall be deemed to be in compliance with this Section upon proof of effective notice from the reporting unit of the Party. If a district or any club of the territory fails to comply with the foregoing provisions of this Section, the Territorial Committee may assume responsibility for setting dates, times and places for local meetings and for giving notice of the same as provided in this Section. k. The District Committee may establish such procedures and structures as are necessary to insure compliance with this Section, including procedures for review of complaints of ·non- compliance with this Section by any district of the political process, including the territory. l. If the District Committee is alleged to have failed to comply with this Section, the alleged non-compliance at any level shall be a resident of the affected jurisdiction and provided that any person alleging non-compliance of the territorial party this Section shall have exhausted all remedies provided by the District or Territorial Party. 10 m. (1) The Territorial Chairperson shall appoint a committee of five persons, no three of whom shall be from the same district, to serve as the Committee on the Territorial Partici- pation, such appointment to be subject to ratification by the Territorial Committee. The Territorial Chairperson shall designate one of the five persons to serve as Chairperson of the committee. n.The Territorial Committee shall consider appeals from decisions of District committees with compliance procedures as defined in Section (e) herein and shall consider all allegations of non-compliance by other districts with the ,requirements of this Section. The Committee shall report its findings and recommendations to the Territorial Committee for action; provided that such action shall not extend beyond the affected jurisdiction complained of. Section 13. Party Clubs, Organizations and Associations (a) The Territorial Committee May charter such Clubs, women’s Associations or youth organizations as it may deem necessary within its respective dis- tricts, provided that they shall first apply for a charter through its respective District Committee. (b) The District shall have 30 days to review a complete charter application and make its recommendation to the Territorial Committee. If no recom- mendation is issued the charter application shall automatically be placed on the agenda of the next regular meeting of the Territorial Committee. (c) A charter application must be made in writing and signed by not less than. Twenty-five (25) registered and enrolled members of the Democratic Party of the Virgin Islands residing in the District. It shall draft rules necessary to the conduct of their business, not inconsistent with the rules of the District of existing. Laws, which shall be submitted as part of the application for the Charter. (d) No club, association or organization shall operate without the prior ap- proval of the Territorial Committee. (e) Each Chartered Club, association or organization shall give a minimum of ten percent (10%) of their net proceeds, collected from fundraising activi- ties to the Territorial Committee which shall be deposited in the general fund of the Party. ARTICLE III Executive Committee Section 1. Powers and Duties The Executive Committee of the Democratic Territorial Committee shall be responsible for the conduct of the affairs of the Democratic Party in the interim between the meetings of the full Committee. This responsibility shall include, but not be limited to: 11 (a) Authority for the Democratic Territorial Committee between meetings thereof; (b) Recommending approval of the budget of the Democratic Territorial Committee, electing the members of the Territorial Education and Training Council, approving the budget and overseeing the operations of such Council; and (c) Reporting all of its proceedings to the Democratic Territorial Committee Section 2: Membership The Executive Committee shall be comprised of: (I) The Chairperson of the district Committees of the Democratic Territorial Committee; (II) The Chairperson, the Vice Chairpersons, the Treasurer, and the Secretary of the Democratic Territorial Committee; (V) The National Committeeman and National Committeewoman; Section 3. Meetings The executive Committee shall meet at least four times each year. Meetings shall be called by the State Chair or by written request of no fewer than one fourth of its members. The Executive Committee shall keep a record of its proceedings which shall be available to the public. Section 4. Quorum and Voting: A quorum is a majority of the members of the Executive Committee. The Executive Commit- tee shall follow Roberts Rule of Order for conducting business of the Committee. ARTICLE IV Judicial Council Section 1. Duties and Powers: The Democratic Territorial Committee shall elect a Judicial Council, the function of which shall be to adjudicate disputes arising out of the interpretation or application of Territorial 12 Party Law provided, however, that the right of the Democratic Territorial Committee to settle credential disputes concerning their respective bodies shall not be abridged. Section 2: Membership (a) The Judicial Council shall consist of five members, two of whom shall be appointed by the Territorial Chairperson of the Democratic Territorial Committee and shall be equally divided between men and women. (b) (I) Members of the Judicial Council shall be approved by the Democratic Territorial Committee at the first regular meeting of the Democratic Territorial Committee after the meeting held at the National Convention, for a term of two years. (ll) Vacancies shall be filled, for the balance of such term, at the next meeting of the Democratic Territorial Committee. (III) The Chairperson of the Council shall be nominated by the Territorial; Chairperson from the appointed member Section 3: Quorum and Voting A majority of the membership of the Judicial Council shall constitute a quorum. All matters before the Judicial Council be determined by a majority vote of those members present and voting. No proxy voting shall be permitted. Section 4: Rules of Procedure and Records The Judicial Council may adopt its own rules of procedure, and shall keep a record of its pro- ceedings and make the same available to the Democratic Territorial Committee. ARTICLE V Territorial Finance Organizations Section 1. Duties and Powers The Territorial Finance Organizations of the Democratic Party shall have general responsibility for the finances of the Democratic Party for raising funds to support the Democratic Party and the Democratic Territorial Committee to advise and assist district Democratic Committees and candidates in securing funds for their stated purposes. The Territorial Finance Chair and the 13 Treasurer will advise the Territorial Chairperson of the Democratic Party and the Executive Committee of the Democratic Territorial Committee with respect to the finances of the Demo- cratic Party. ARTICLE VI Political Director Section I. Duties and Powers: (a) Under tile guidance of the Executive Committee of the Democratic Territorial Com- mittee, the Political Director of the Democratic Party shall be responsible for the creation and implementation of education and training programs for the Democratic Party in further- ance of its objectives, including development of new and more efficient methods for voter re- gistration, special programs to involve both college and non-college young Democrats in elec- toral affairs of the Democratic Party;, conducting training seminars or institutes for in- cumbent and non-incumbent Democratic candidates, provision of training programs for staff members and campaign workers of Democratic candidates on campaign techniques and campaign finance laws and issuance of publications as necessary or appropriate in perfor- mance of any of these functions. ARTICLE VII Territorial Convention Section 1. (a) Resolve that the Democratic Territorial Committee convene a territorial conference. (b) Resolved further that this Convention, recognizing the responsibility of our Party to pro- vide for our nominating process, urges the US Virgin Islands Senate to refrain from intervening in these Party affairs unless or until the Territory Party requests legislative assistance, and in no case should the Senate legislate in any manner which is a derogation of the right of a Party to mandate its own affairs. (c) Resolved further that the Democratic Territorial Committee's Commission on the Role and Future of Primaries shall continue its research and activities as described on behalf on the Territorial Committee. ARTICLE VIII 14 Executive Director: Appointment and Duties Section 1. The State Chairperson may appoint, with the advice and consent of the members of the Territorial Committee, an Executive Director to serve at the pleasure of the State Chairperson. The Executive Director may receive such compensation as may be de- termined by the Territorial Committee and by the availability of the funds. Section 2. The Executive Director shall: (a) develop and implement strategies and programs to promote the interests of the Democratic Party; (b) conduct studies; analyses and investigations of financial needs of the Democratic Party and the means and resources for addressing financial needs (c) make available to the Territorial Committee the results of such studies and information on financial needs and resources; (d) solicit and accept in the name of the Democratic Party contributions, gifts, donations, and any other form of financial assistance from, any source for the purpose of carrying out the ob- jectives of the Party; (e) cooperate and work with other sub-committees of the Territorial Committee and seg- ments of the Democratic Party in coordinating financial plans for the Party; and (f) Perform other duties as may be directed by the State Chairperson. ARTICLE IX Amendments Bylaws may be adopted or amended by majority vote of: (a) the Territorial Convention; or (b) the Democratic Territorial Committee provided that thirty (30) days written notice of any proposed Bylaw or amendment has been given to all members of the Territorial Committee unless adopted in the form of an amendment to the Charter or other- wise designated. Any resolution adopted by the Territorial Convention relating to the govern- ance of the Party shall be considered a Bylaw.