Our Path

Revised February 12, 2021| Click here for printable version. 

PREAMBLE
ARTICLE I: NAME, POWERS AND GENERAL POLICIES
ARTICLE II: MEMBERSHIP
ARTICLE III: OFFICERS
ARTICLE IV: MEETINGS AND ELECTIONS
ARTICLE V: COMMITTEES
ARTICLE VI: CLUBS
ARTICLE VII: FINANCES
ARTICLE VIII: ENDORSEMENTS
ARTICLE IX: AMENDING THE BYLAWS

Appendices are available in printable version.

PREAMBLE

The Brevard County Democratic Executive Committee (DEC) is dedicated to expanding the Democratic electorate and electing Democratic candidates in Brevard County, Florida.  We bring our community together to stand up for Democratic ideals of social, racial, economic and environmental justice.

ARTICLE I. NAME, POWERS AND GENERAL POLICIES

Section 1. Name: The name of this organization shall be the Brevard County Democratic Executive Committee (DEC).

Section 2. Governing Body: The governing body of the Brevard County Democratic Party shall be the DEC.

Section 3. Powers: The DEC has supervisory power and jurisdiction over Democratic Party affairs in Brevard County.  It shall set policy and prescribe and enforce rules and regulations concerning Party affairs.

Section 4. Compliance: These bylaws shall be in compliance with Florida Statutes and the Charter and Bylaws of the Florida Democratic Party (FDP), and shall submit a copy of its bylaws and any amendments thereto to the State Chair and the Rules Committee Chair.  The FDP Charter and Bylaws and the State of Florida Statutes shall prevail in the case of a conflict and shall govern in all cases to which these bylaws do not speak. (FDP Charter, Article I, Sec. 5)

If the DEC is found to be in noncompliance with the Charter and Bylaws of the FDP or Florida Statutes, the DEC may be notified by certified mail of such noncompliance by the State Chair. The DEC shall have thirty (30) days to comply. (FDP Charter Article V, Sec. 7.1)

Unless otherwise provided in these bylaws, Florida Statutes and/or the Charter and Bylaws of the FDP, the most recent edition of Robert's Rules of Order shall govern.

Section 5. Loyalty Oath: Prior to taking office, members of the DEC, its officers and officers of Democratic Clubs, Organizations or Caucuses chartered within Brevard County shall execute by written oath or affirmation the loyalty oath contained in Appendix 2.

Section 6. Inclusion:

6.1 Meetings: Meetings of the DEC shall be open to all members of the Democratic Party regardless of race, color, creed, sex, age, religion, economic status, ethnic identity, national origin, physical disability, sexual orientation or gender identity and expression.  (FDP Charter, Article I, Sec. 4.1)

6.2 Accessibility: All meetings of the FDP committees, clubs, organizations, and caucuses shall be held in facilities that are accessible to the physically disabled. (FDP Bylaws Article 1, Sec. 1.4)

6.2 Membership: No tests for membership in, nor oaths of loyalty to, the DEC shall be required or used which have the effect of requiring prospective or current members of the DEC to acquiesce in, condone or support discrimination on the grounds of race, color, creed, sex, age, religion, economic status, ethnic identity, national origin, physical disability, sexual orientation or gender identity and expression. (FDP Charter, Article I, Sec. 4.1.2)

Section 7. Voting: No vote shall be taken by secret ballot, and, in keeping with the Democratic principle of “one person, one vote,” no DEC votes shall be weighted.

Section 8. Grievances: All grievances shall be reported within thirty (30) days of any bylaws violation.

8.1 DEC Bylaw Violations: Disputes and grievances regarding violations of these DEC bylaws may be resolved by the Chair, State Committeewoman and State Committeeman. Should one (1) person hold two (2) of these offices, the Vice Chair shall also be involved in said resolution.  Such resolution may be appealed to the Steering Committee whose decision shall be final.

8.2 FDP Bylaw Violations: Grievances regarding violations of FDP bylaws shall be reported via an appeal to the FDP Judicial Council as outlined in Article II, Section 5.5 of the FDP bylaws.

ARTICLE II: MEMBERSHIP

Section 1. Elected Members: The elected membership of the DEC shall consist of a man and a woman from each precinct who are registered Democrats, and who reside in, are registered to vote in, and are elected from the precinct they are to represent. Should the Democratic registration of any precinct total more than one thousand (1,000) as of January 1 of a year in which qualifying for election to the DEC occurs, an additional one (1) man and one (1) woman are entitled to be elected for each additional 1,000 registered Democrats, or fraction thereof, to represent any such precinct. They shall be elected by a plurality vote on the First Primary Ballot of each presidential election year. When new precincts are created, additional DEC positions shall be created for the new precinct as described in this section. Such positions shall be filled by the DEC according to its procedure for filling vacancies. (FDP Bylaws, Article V, Sec. 1.1.2)

1.1 Election of Members: DEC members shall qualify and be elected to office at such times and in such manner as provided by Florida Statutes. DEC members shall be elected every presidential election year by a vote of the Democratic voters in their precinct of residence. Persons seeking election must qualify with the Supervisor of Elections between noon on the 71st day and noon on the 67th day prior to the primary election. (Florida Statutes, Chapter 103.091 (4)). Results are determined by a plurality of votes cast in the primary. Terms commence on December 1st of that year. (FL Statute, Chapter 103.091(4))

1.2 Applications for Nomination: Any qualified Democrat may submit an application for nomination at brevarddems.org/join/ or at any DEC meeting. The Membership Committee shall (1) validate that a vacant seat is available in the applicant’s precinct; (2) validate the precinct and party of potential members; and (3) obtain a loyalty oath before placing nominations before the DEC for a vote. Qualified applicants whose applications are received before or the day of the regular or special meeting will be nominated at the next regular or special meeting they attend, provided they have submitted a loyalty oath before the start of the meeting. If an applicant does not attend a regular DEC meeting within three months of the date of their application, the application will expire and must be resubmitted.

1.3 Changing Precinct of Residence: Once elected in a precinct, if an elected member moves out of his or her assigned precinct, the member must report a vacancy within 30 days.  If the member moves into another Brevard County precinct where there is a vacancy, the Membership Committee shall nominate the member for membership in his or her new precinct at the following DEC meeting, and membership will be awarded in the member’s new precinct based on a majority vote of those present at a meeting at which a quorum is present.  If there is no vacancy in the member’s new precinct, and appointed memberships remain available according to Article II, Section 2 of these bylaws, the member will be appointed by the DEC chair to serve at-large and will be approved by a majority vote of those present at the next DEC meeting at which a quorum is present.

1.4 Term of Office: Elected members who receive a plurality vote in the primary shall take office on the first day of the month following each presidential general election and shall serve for a term of four (4) years.  Aside from elected officers, the term of office for elected members shall expire on the last day of the month of the presidential general election.

Section 2. Appointed Members: Membership of the DEC may include an additional ten percent (10%) of the total elected membership to which entitled. These members shall be appointed by the DEC Chair and approved by a majority vote of the membership of the DEC present and voting. Appointed members shall be registered Democrats residing in the county. Appointed members shall serve at-large and shall enjoy voting and other privileges and responsibilities of membership except holding office. Selection of appointed members shall be made in order to achieve political, economic, or minority balance within the DEC. (FDP Bylaws, Article V, Sec. 1.3)

2.1 Term of Office: The term of office for appointed members shall be one (1) year commencing with the date of appointment; however, it shall expire immediately prior to the commencement of the organizational meeting of the next committee.

2.2 Special At-Large Status: At any time after the election of officers, the DEC may allow, at the request of a Democratic Party elected official from the county, state, or national Democratic Party level, a special at-large status for that person. Such positions shall not be included in the DEC’s appointed membership quota. If the elected official is an elected member of the DEC, a vacancy would be created in the precinct that he or she represents. Said vacancy shall be filled in accordance with the DEC's bylaws. (FDP Bylaws, Article V, Sec. 1.3.3)

Section 3. Automatic Members: Automatic members include all Democratic members of the legislature who are residents of Brevard County, city and county Democratic elected officials who hold both partisan and nonpartisan offices, presidents of duly chartered Democratic clubs, and presidents of chartered local Democratic caucus chapters who reside in Brevard County. FDP Bylaws, Article V, Sec. 1.2)

Such members shall serve for the duration of their term of office. Automatic members shall enjoy voting privileges, however, they shall not serve as officers of the county DEC. (FDP Bylaws Article V, Sec. 1.2.1)

3.1 Attendance: Automatic members shall not be required to meet attendance requirements. Automatic members shall not be computed when determining a quorum.

Section 4. Absences: To request an absence be excused, a member must provide a written request to the Membership Committee Chair in advance of the meeting to be missed. The Membership Committee Chair will consult with an Officer of the DEC to determine whether an absence is excused. Absences may be excused for reason of illness, business, out-of-town or other reasonable excuse. An office shall be deemed vacant after (3) unexcused absences in any one (1) calendar year.

Section 5. Leaves of Absence:  Members may request a leave of absence by written request to the Membership Chair if they are going to be unable to attend more than 3 consecutive, regular meetings due to long-term health issues or other truly extenuating circumstances.  If a Leave of Absence is granted at the discretion of the DEC Chair, a proxy will be requested.  If a proxy is not provided, the Membership Chair will have the option of filling the seat for the duration of the approved absence.

Section 6. Vacancies: An office shall be deemed vacant by death of the incumbent, by resignation, by removal, by ceasing to be an inhabitant of the precinct from which the member was elected or appointed, by refusal to accept the office, by the conviction of any felony, by the decision of a competent tribunal declaring void their election or appointment and removal by said tribunal, and by failure to attend, without good and sufficient reason, accumulating three (3) unexcused absences in any one (1) calendar year. (Florida Statutes, Chapter 103.131)

Vacancies in the DEC shall be filled by action of the DEC within sixty (60) days. In the event no county committeeman or committeewoman is elected, or a vacancy occurs from any other cause in any county executive committee, the Chair shall call a meeting of the DEC by due notice to all members, and the vacancy shall be filled by a majority vote of those present at a meeting at which a quorum is present. Such vacancy shall be filled by a qualified Democrat residing in the precinct where the vacancy occurred and for the unexpired portion of the term. (Florida Statutes, Chapter 103.091 (5))

Section 7. Removal From Office: Any DEC member, DEC officer, or club officer may be removed from office upon a two-thirds (2/3) vote of the entire DEC membership at a regular or special meeting provided that there shall have been at least ten (10) days written notice of the purpose of said meeting. Such removal may be for cause including, but not limited to, violation of the loyalty oath, malfeasance, misfeasance, neglect of duty, incompetence, permanent inability to perform official duties, and/or conviction of a felony involving moral turpitude.

Section 8. Membership Lists

The DEC Secretary shall furnish the names and addresses of the DEC members and officers to the FDP Chair immediately after the organizational meeting.   Changes in membership shall be furnished in writing to the FDP within ten (10) days.  (FL Statute Sec. 103.091(3); FDP Bylaws Article V, Sec. 5.2)

A complete and updated membership list shall be sent to the FDP by January 31 of each year (names and addresses are required). (FDP Bylaws Article V, Sec. 5.2)

Section 9. Records

Minutes shall be kept of all meetings and shall be presented at the next meeting for approval. Copies shall be sent to the State Chair within twenty (20) days following such meetings. (FDP Bylaws Article V, Sec. 5.3)

ARTICLE III: OFFICERS

Section 1. Elected Officers: The DEC, at their organizational meetings, shall elect a Chair, a Vice Chair, who shall be of the opposite gender from the chair, a Secretary, a Treasurer, a State Committeeman and a State Committeewoman, each of whom shall be elected from among the elected membership of the DEC. Other officers may be prescribed in the DEC's bylaws. Terms of office are for four (4) years. The term of office for the state committeeman and state committeewoman is for four (4) years. (FDP Charter, Article V, Sec. 3)

1.1 Chair: The DEC Chair presides over DEC meetings and is the official spokesperson representing the DEC. The Chair appoints members and chairs of DEC committees. Additionally, the Chair is an ex-officio member of all committees and co-signs checks with the Treasurer for authorized expenditures.

1.2 Vice Chair: The Vice Chair performs the duties and exercises the powers of the Chair when Chair is absent or incapacitated, is an ex-officio member of all committees, and performs other duties as assigned by the Chair.

1.3 Secretary: The Secretary keeps minutes of all DEC meetings, maintains required records (except records in the Treasurer’s custody), ensures compliance with all DEC reporting requirements established by law or FDP rules (except Treasurer’s reports), consolidates monthly reporting from standing committees, serves as member of the Membership Committee and performs other duties as assigned by the Chair.

1.4 Treasurer: The Treasurer will follow generally accepted accounting principles (GAAP) for the proper accounting, management, deposits and expenditures of funds of the DEC, and ensure compliance with applicable Florida statutes  and laws, as well as FDP and DEC rules. In addition, the Treasurer produces and distributes to members written monthly, quarterly and annual reports of receipts and expenditures, as well as any additional ad hoc financial reports requested by the Chair and/or the Finance Committee. The Treasurer shall act as the primary signatory on authorized expenditures. The Treasurer and Chair will cause an annual public audit to be done of DEC funds for the calendar year ending December 31. The Treasurer serves as a member of the Finance Committee. Treasurer shall obtain bonding in accordance with state statutes.

1.5 State Committeeman and State Committeewoman: The duties of the State Committeeman and State Committeewoman are to serve as liaison between the FDP and the DEC; liaison between the DEC and the clubs; members of the State Executive Committee and DEC Steering Committee; members of the Candidate and Campaign Committee; and members of other committees at their own discretion. (FDP Charter, Article V, Sec. 3.1)

Section 2. Appointed Officers: The Chair shall appoint the following officers who shall serve at the pleasure of the Chair:

2.1 Sergeant-at-Arms: The Sergeant-at-Arms maintains order and decorum during proceedings of the DEC at the direction of the Chair.

2.2 Parliamentarian: The Parliamentarian advises and ensures the compliance of proceedings with accepted rules of parliamentary procedure and applicable rules and bylaws, and provides advisory opinions to DEC members on parliamentary inquiries.

2.3 Deputy Treasurer: The Chair may appoint a member as Deputy Treasurer who may exercise the powers and duties of the Treasurer when specifically authorized by the Chair and the Treasurer. Deputy treasurer will be bonded.

Section 3. Officer Vacancies:

3.1. DEC Chair Vacancy: In the event of a vacancy in the office of the DEC Chair, a meeting shall be held within forty-five (45) days, upon written notice to members of at least fifteen (15) days, to elect a new chair. Notice of vacancy shall be sent by certified mail to the State Chair within ten (10) days of said vacancy. Vacancies on the DEC shall not be filled by action of the DEC within the period from the time the DEC Chair position is declared vacant until the election of a new DEC Chair to replace the previous chair.  In the event that a vacancy in the office of DEC Chair is filled by a person of the same gender as the DEC Vice Chair, or vice versa, the requirement that they be of the opposite gender shall be waived for the unexpired term. (FDP Bylaws, Article V, Sec. 2.2)

3.2. Other Elected Officer Vacancies: In the event of a vacancy in any elected officer position other than DEC Chair, a meeting shall be held within forty-five (45) days, upon written notice to members of at least fifteen (15) days, to elect a new officer. The vacancy shall be filled by a majority vote of those present at a meeting at which a quorum is present. Such vacancy shall be filled by an elected member for the unexpired portion of the term. (Florida Statutes, Chapter 103.091 (5))

3.3. Interim Officer Appointments: The Chair may temporarily appoint a member to serve in an elected office that has become vacant until elections can be held.

Section 4. Leave of Absence: Any officer of the DEC seeking the Democratic nomination for public office shall take a leave of absence from the DEC office commencing at the time of opening a campaign account for said public office and extending for the duration of the campaign. The vacancy created shall be filled by the DEC  for the interim period. (FDP Bylaws Article V, Sec. 2.3)

ARTICLE IV: MEETINGS AND ELECTIONS

Section 1. Organizational Meeting: Each presidential year, the outgoing DEC Chair shall call an organizational meeting for the purpose of electing officers within 30 days after newly elected members take office. (Florida Statutes, Chapter 103.091 (4) & FDP Bylaws, Article V, Section 3.2)

1.1 Agenda: The organizational meeting shall be called to order by the outgoing DEC Chair who shall chair the meeting until the election of the new chair who shall then assume the chair. The order of business shall be as follows: (1) Invocation; (2) Pledge of Allegiance; (3) Roll Call; (4) Membership Report; (5) Election of Chair; (6) Election of State Committeewoman; (7) Election of State Committeeman; (8) Election of Vice Chair; (9) Election of Secretary; (10) Election of Treasurer. (FDP Bylaws, Article V, Sec. 3.2)

Section 2. Regular Meetings: The DEC will hold monthly membership meetings at a regular time and place to be announced by the Chair or Secretary.  Monthly meetings may be cancelled at the discretion of the Chair, provided that the DEC meets at least once every calendar quarter with such calendar quarter beginning in January of each year.

Section 3. Special Meetings: Special meetings of the DEC may be called by the Chair, or by petition signed by not less than ten (10) percent of the members of the DEC to the Chair or to the State Committeewoman or Committeeman, at a place designated either by the Chair or the members petitioning for the meeting. Notice of any such meetings shall state the purpose of such meeting. This stated purpose shall be the only business of such special meetings.

Section 4. Meeting Notices:  Official notice of meetings must be mailed, emailed, or transmitted by other electronic media at least ten (10) days prior to the meeting date.  Notice shall include the time and date of such meeting and the place such meeting will be held.

Section 5. Quorum:  The quorum requirement shall be twenty-five percent (25%) of the total membership, excluding Automatic members. (FDP Bylaws, Article I, Sec. 1.3.6)

Section 6. Proxies:  Any member who, for any reason, is unable to attend any DEC meeting may execute a written proxy by completing the form in Appendix 1. The holder of such proxy shall be a qualified Democrat residing in Brevard County who is not a member of the DEC. Such proxy shall be sworn to before a notary public, or, in the alternative, may be validated by two (2) registered Democrats signing as witnesses. Any proxy which is incomplete in any way shall be returned to the member issuing the proxy. The member sending the incomplete proxy shall be notified immediately by phone or email that the proxy is incomplete.  No person shall be permitted to hold more than one (1) proxy. The holder of such proxy shall be a qualified Democrat residing in Brevard County who is not a member of the DEC. (FDP Bylaws, Article I, Sec. 1.2) 

An elected DEC member shall designate a Democrat residing in the same precinct as said elected member.  An automatic or appointed DEC member shall designate a Democrat residing in the same county as said member. For a proxy to be honored, the holder of the proxy shall submit written notice to the DEC Chair prior to the meeting. (FDP Bylaws Article I, Sec. 1.2.3)

ARTICLE V: COMMITTEES

Section 1. Appointment: The Committee Chair and membership of DEC committees shall be appointed by the DEC Chair from among the members. The chair may also appoint non-DEC members, who are registered Democrats, as Advisors to committees.

Section 2. Role of Committees: Committees of the DEC shall be responsible for developing proposals and plans for activities to be undertaken by the DEC to further its stated goals. Actionable proposals shall be presented as motions during a regular or special meeting for approval by the DEC.  Committees shall be responsible for the execution and oversight of proposals and plans; however, all members of the DEC are obligated to assist in ensuring the successful completion of programs and activities approved by any committee of the DEC.

Section 3. Committee Reports: Committee Chairs shall offer reports orally at monthly Steering Committee meetings, and the Secretary shall keep minutes of pertinent status updates, budget requests, proposals, and metrics.

Section 4. Standing Committees: The following standing committees shall perform the duties provided and such other duties as assigned by the DEC Chair.

4.1 Steering Committee: The Steering Committee shall be composed of the Chair, Vice Chair, Secretary, Treasurer, State Committeeman, State Committeewoman, other appointed officers, Committee Chairs, and Club Presidents. The Steering Committee shall meet at the call of the Chair, at least quarterly, to coordinate and support the activities of the DEC and its chartered organizations.

4.2 Diversity & Inclusion Committee: The Diversity & Inclusion Committee shall be responsible for all efforts to increase minority Democratic voter registration, minority voter turnout and active minority participation in the DEC, Democratic candidate campaigns, and local clubs and caucuses.  The Committee shall also inform Democratic candidates, voters and members of the DEC about relevant minority issues, and shall work in conjunction with the Florida Democratic Party Diversity & Inclusion Committee.

4.3 Young Democrats Committee:  The Young Democrats Committee shall increase Democratic youth (< 40 years of age) voter registration, youth voter turnout and active youth participation in the DEC, Democratic candidate campaigns, and local clubs and caucuses.  The Committee shall also inform Democratic candidates, voters and members of the DEC about relevant youth issues, work to develop local Young Democrats clubs across Brevard, and participate in statewide Young Democrats initiatives.

Section 5. Additional Committees: Additional committees may be created by the Chair or by petition of not less than ten (10) percent of the members of the DEC, submitted in writing to the Chair at a regular meeting. The Chair and membership of such committees shall be determined by the Chair, if they are formed at the initiative of the chair, or by a majority vote of the DEC, if they are formed by petition.  Committees may be disbanded when the Chair has determined that their function has been fulfilled, or for committees created by petition, by a majority vote at a regular meeting.

ARTICLE VI: CLUBS

Section 1. Jurisdiction: The charter of a Democratic club shall be entirely within the jurisdiction of the DEC. The DEC shall not be authorized to establish a maximum number of Democratic clubs for Brevard County. (FDP Bylaws, Article VI, Sec. 2.1)

Section 2. Requirement for Chartering: It shall be the duty of the DEC to provide Democratic clubs with copies of the standard bylaws, applications for chartering and recertification and procedural guidelines for same, and any other forms and information necessary for establishing and operating said club. Democratic club bylaws shall be in compliance with DEC bylaws, the Charter and Bylaws of the Florida Democratic Party, and Florida Statutes and shall include the following, unless otherwise provided herein: the anti-discrimination policies of the Florida Democratic Party, a provision prohibiting endorsement in primary elections and prohibiting the endorsement of anyone other than the Democratic nominee in general elections, a provision requiring votes by secret ballot for officers and directors only; a provision for adding amendments to the standard bylaws, a provision prohibiting proxy voting, and a provision that the quorum of any meeting of a Democratic club shall be ten percent (10%) where membership of the club is 1,000 or more or twenty percent (20%) where membership of the club is 999 or less based on the total membership of the club. (FDP Bylaws, Article VI, Sec. 2.2)

With the exception of the organizational meeting, the standard club bylaws shall include a forty-five (45) day membership requirement prior to a member being permitted to vote or participate in any club election for officers or board members. (FDP Bylaws, Article VI, Sec. 2.2)

Prior to being chartered, prospective clubs must submit a packet that includes a copy of the completed standard bylaws, an application for a charter, and a list of officers and members to the Certification Committee, composed of the chair, state committeeman, and the state committeewoman of the DEC. Should one (1) person hold two (2) of these offices, the vice chair of the DEC shall be a member of the Certification Committee. (FDP Bylaws, Article VI, Sec. 2.2).

With at least two (2) DEC officers signing the application, a recommendation to approve or to reject the club shall be submitted to the DEC for ratification. Upon approval, the signed application for charter and the club packet of information shall be sent by the DEC Chair to the State Chair and to the Chair of the Committee on Clubs, Organizations, and Caucuses. The Committee on Clubs, Organizations, and Caucuses shall review the packet and shall recommend approval or disapproval to the State Chair. Once the State Chair approves, the Central Committee shall make the final decision. Certificates of charter for approved clubs shall be sent to the appropriate DEC Chair for presentation to the club. (FDP Bylaws, Article VI, Sec. 2.2)

Section 3. Charter Recertification: In July of every odd-numbered year, Democratic Clubs shall submit an application for a Certificate of Compliance to determine their compliance with the Charter and Bylaws of the Florida Democratic Party, Florida Statutes, and bylaws of the DEC. Clubs shall submit applications for re-certification with a copy of their current bylaws, officers, and membership to the Certification Committee of the Clubs and Caucuses Committee. (FDP Bylaws, Article VI, Sec. 2.3)

The Certification Committee shall review the application and bylaws and shall issue a Certificate of Compliance unless it is determined the club is in violation of the Charter and Bylaws of the Florida Democratic Party, Florida Statutes, or the bylaws of the DEC. (FDP Bylaws, Article VI, Sec. 2.3)

If it is determined a club is in violation, it shall be so notified and shall have sixty (60) days from receipt of notification to correct the violations(s). If the violation(s) is not corrected by the end of the said period, the Certification Committee may recommend the revocation of the club’s charter to the DEC. In the event such recommendation is made, said club shall be so notified. Notice of revocation shall also be given to the State Chair and to the Chair of the Committee on Clubs, Organizations, and Caucuses. Charter revocation shall result in the forfeiture of all rights and privileges of the use of the word Democrat, Democratic, or derivative thereof. (FDP Bylaws, Article VI, Sec. 2.3)

Section 4. Minimum Membership: The DEC requires a Democratic club to have at least ten (10) members prior to chartering.

Section 5. Annual Party Contribution: Clubs shall be assessed an amount annually to be paid to the DEC, consistent with that mandated by the Charter and Bylaws of the FDP.

In January of each year, each Democratic club chartered under the rules of the FDP shall pay an annual contribution based on membership as of December 31 of the preceding year to the DEC based on the following:

Clubs with 0 to 50 members...............................$25.00
Clubs with 51 to 100 members ..........................$50.00
Clubs with 101 to 300 members ........................$75.00
Clubs with 301 to 500 members ......................$100.00
Clubs with 501 to 750 members.......................$150.00
Clubs with 751 to 1000 members ....................$250.00
Clubs with over 1000 members .......................$500.00

Eighty percent (80%) of the contribution shall remain with the DEC and twenty percent (20%) shall be remitted to the FDP no later than April 1 of that year. (FDP Bylaws Article VI, Sec. 2.5)

Section 6. Grievances: Disputes and grievances involving Democratic clubs may be resolved by the DEC Chair, State Committeeman, and State Committeewoman. Should one (1) person hold two (2) of these offices, the Vice Chair shall also be involved in said resolution. Such resolution may be appealed to the DEC whose decision shall be final unless appealed to the Judicial Council no later than forty-five (45) days from the date of said decision. (FDP Bylaws, Article VI, Sec. 2.6)

Section 7. Dissolution: Upon dissolution of a club for any reason, the club’s assets and funds, after all debts have been satisfied, shall become the property of the DEC. (FDP Bylaws, Article VI, Sec. 2.7)

ARTICLE VII: FINANCES

Section 1. Funds: The DEC shall raise and expend funds in support of DEC programs, activities, and in the election of Democrats. (FDP Charter, Article V, Sec 6)  In order to preserve local autonomy and authority, any contributions (cash or in-kind) that originate from donors outside of Brevard County shall require acceptance by a vote by two-thirds (2/3) of members present at a DEC meeting.  The Fundraising Committee will make every effort to ensure that at least 50% of funding comes from donors who contribute less than $500/year (excluding in-kind donations). DEC audits shall be subject to review by the FDP concerning the appropriateness of the DEC's expenditures. (FDP Charter, Article V, Sec. 6)

Section 2. Budget:

2.1 Adoption of Budget: The DEC shall adopt an annual budget authorizing expenditure of funds. By January 1 each year, each officer and committee of the DEC shall submit to the Finance Committee a proposed budget for activities under that officer or committee’s jurisdiction. Before the first regular meeting of the year, the Finance Committee shall develop a proposed budget for the upcoming year which prioritizes committee requests and reconciles expenditures with the income projected by the Fundraising Committee. The Finance Committee shall then submit their proposed budget at the first regular DEC meeting each year where it shall be approved and adopted by majority vote.

2.2 Amending the Budget: Subsequent to adoption, the Budget may be amended upon motion at a regular or special meeting. A motion to amend the Budget to authorize new expenditures shall not be in order unless the Fundraising Chair or Treasurer certifies that sufficient funds are available or projected to meet the new expenditure, or unless an offsetting reduction in another budget item or items is included in the motion.

Section 3. Accounts: All funds received by the DEC shall be deposited in a qualified banking institution in the name of “The Democratic Executive Committee of Brevard County.”  A separate interest-bearing account may also be established for funds not required for immediate use. (Florida Statutes, 106.021 (b)).

Section 4. Petty Cash: Petty cash may be withdrawn by the Treasurer or Chair to cover budgeted expenditures up to $100 per week. (Florida Statutes, 106.12 (2)(b))

Section 5. Disbursements: (a)  Funds of the DEC may be expended only upon authorization by the DEC through adoption in the budget, an approved budget amendment, or by authorization of the Chair. (b) Disbursements authorized by the DEC shall be made upon the signature of the Chair and the Treasurer. (c) The Chair shall be authorized to use DEC funds not to exceed five hundred dollars ($500.00) per month at the Chair’s discretion for purposes furthering the goals of the DEC.

Section 6. Vendors: The DEC will make every effort to use locally-owned vendors whose values are in alignment with the values of the Democratic Party.

Section 7. Distributions of Funds:  The distribution of DEC funds among members is forbidden.  The DEC may reimburse members for actual travel expenses incurred at regular or special meetings in those cases where the meeting is more than thirty (30) miles in each direction from the member’s home.  Payment is then authorized at the accepted mileage rate reimbursed to State Executive Committee members and shall be paid out of DEC funds. (FDP Bylaws, Article V, Sec 6.1)

Section 8. Annual Audit: The Treasurer shall ensure the completion of an annual audit each calendar year ending December 31. (Florida Statutes, 103.121(3)) The audit shall be conducted by qualified examiners who are not members of the DEC. Audits shall be conducted in substantial compliance with standard accounting procedures. Prior to April 1, the Treasurer shall file a copy of the audit with the Brevard County Supervisor of Elections, with the Florida Democratic Party, and shall provide the DEC Chair and Secretary with a copy. (FL Statute Sec 103.121(2); FDP Charter Article V, Sec. 6; FDP Bylaws Article V, Sec.5.4).

Section 9. Receipts and Records:  Accurate records or receipts and expenditures shall be maintained by the Treasurer.  All financial records of the DEC, including a full copy of the annual audited financial report, shall be available for examination by any member upon written request to the Chair.

Section 10. Party Assessment Fees:  For candidates who do not qualify by petition, party assessment fees shall be two percent (2%) of the annual salary of the office sought by the respective candidate.  All assessments shall be remitted to the FDP and distributed as described herein.  If the DEC endorses, intends to endorse, certifies, screens or otherwise recommends one (1) or more candidates for nomination, the DEC shall forfeit all party assessments which would otherwise be returned to the DEC and such assessments shall be remitted instead to the FDP State Executive Committee.  The FDP Chair shall return the two percent (2%) party assessment fee to the DEC upon the FDP Chair’s determination that the DEC is in compliance with all Florida Statutes, the FDP Charter and FDP bylaws.

Section 11. Campaign Plan:  By not later than December of every odd-numbered year or as otherwise directed by the Chair, the Candidate and Campaign Committee in conjunction with the Finance Committee, shall prepare in writing a Campaign Plan detailing the expenditure of party assessment fees to be received by the DEC and other income to be submitted to the DEC at the first regular meeting of the following year for ratification. Upon approval by a majority of the DEC, members present and voting at such meeting, the Campaign Plan shall be sent by the DEC Chair to the FDP Chair and the FDP Budget and Finance Committee. (FDP Bylaws Article V, Sec. 6)

Section 12. Contribution Reports: The DEC shall file reports of all contributions received and all expenditures made with  the Brevard County Supervisor of Elections by the 10th day following the end of each calendar quarter and on the Friday immediately preceding each election. (FL Statute Sec. 106.29)

ARTICLE VIII: ENDORSEMENTS

Section 1. Definition: Endorsement shall be defined as endorsing, certifying, screening, or recommending, in any manner, candidates in primary elections. (FDP Bylaws, Article I, Sec. 3.1)

Section 2. Party Assessment Fees: Party assessment fees to which the DEC is entitled shall be retained by the State Executive Committee if the DEC chooses to endorse. (FDP Bylaws, Article I, Sec. 3.2)

Section 3. Campaign Support: All State Executive Committee funds and campaign support shall be withheld from the DEC until after the second primary election. (FDP Bylaws, Article I, Sec. 3.3)

The DEC shall provide written notification to the Brevard County Supervisor of Elections and the FDP on the DEC’s intention regarding endorsement, certification, screening, or recommendation of candidates in the Primary by the first day of candidate qualifying (71 days prior to the Primary for most offices affecting the DEC Party Assessment fees) or when the FDP requests this information, whichever comes first. (FL Statute Sec. 103.121(4) & (5); FL Statute Sec. 105.09(1); FDP Bylaws Article 1, Sec. 3.2 & 3.6; FDP Bylaws Article V, Sec. 7)

The DEC shall send a written oath to the Secretary of State that the DEC has not and will not make an independent expenditure and that DEC will not violate contribution limits during qualifying week for state candidates (June of election years). (FL Statute Sec. 106.087(1)(a))

Section 4. Candidate Qualifying: No endorsement shall be made prior to the close of the period of candidate qualifying. (FDP Bylaws, Article I, Sec. 3.4)

Section 5. Requirements: The following requirements shall be met prior to the DEC being eligible to endorse: (FDP Bylaws, Article I, Sec. 3.5)

5.1 Precinct Positions. Eighty percent (80%) of all precinct committee positions shall be filled.

5.2 Meetings. The DEC shall have held at least four (4) meetings at which a quorum was present during the previous twelve (12) month period.

5.3 Membership Support: Two-thirds (2/3) of the total membership, exclusive of its automatic members, shall vote in favor of endorsement.

Section 6. Standards: The following standards shall be met for the DEC to endorse (FDP Bylaws, Article I, Sec. 3.6):

6.1 Membership Support: Two-thirds (2/3) of the total membership, exclusive of its automatic members, shall vote in favor of endorsing a candidate in a given race.

6.2 Limitations: Endorsements by the DEC shall be limited to those races in which the DEC assessment applies or to non-partisan races in which registered Democrats are running.

ARTICLE IX: AMENDING THE BYLAWS

Section 1. Amendments:  The Bylaws of the DEC may be amended at a regular meeting by two-thirds (2/3) of the votes cast of members present and voting, provided that no amendment may be voted upon without ten (10) days written notice of the proposed amendment and meeting.

Section 2. Notice of Adoption:  A copy of the bylaws as amended shall be filed with the FDP within thirty (30) days following the adoption of any amendment. (FDP Charter Article V, Sec. 5; FDP Charter Article VIII, Sec 3; FDP Bylaws Article VIII. Sec. 1)

SECTION 3. Rules/Bylaws: The DEC, as a component of the FDP, created under the authority of the Charter of the FDP, shall adopt and conduct their affairs with written rules or bylaws which shall be in accordance with Florida Statutes, the Charter of the Democratic National Committee, the Charter and Bylaws of the FDP, and resolutions by either the Democratic National Committee or the FDP, and which shall be approved by the FDP. (FDP Charter, Article VIII, Sec. 3)

APPENDIX 1: PROXY FORM

Appendices are available in printable version.

APPENDIX 2: LOYALTY OATH

Appendices are available in printable version.