Section 1:

This organization shall be known as the Manville Municipal Democratic Committee, hereinafter referred to at the "Committee".

Section 2:

The purpose of the Committee is to provide the voters of Manville with a choice in local elections and to provide a forum in which the issues of importance to local Democrats can be heard and acted upon.

Section 1:

This Constitution and these Bylaws are in accordance with the provisions of N.J.S.A. 19:1-1 et seq. (Title 19), Elections, of the Revised Statutes of the State of New Jersey as amended and supplemented. This statute will hereinafter be referred to as Title 19.

Section 2:

Municipal Committees in general and this Committee in particular are authorized and controlled by Title 19, specifically N.J.S.A. 19:5-1 et seq. Any conflict between this Constitution and these Bylaws and the provisions of Title 19 shall be resolved in favor of Title 19, unless superseded by Court Order.

Section 3:

The Committee shall be free to act in all instances to achieve its stated purpose, except where restricted by applicable law.

Section 4:

In the event the Committee shall cease to be active or dissolve, any remaining assets will be transferred to the Somerset County Democratic Committee.

Section 1:

The membership of the Committee shall be limited to registered Democratic voters whose legal domicile is in the election district that they seek to represent in the Borough of Manville, County of Somerset. The membership of the Committee shall consist of two members from each election district.

Section 2:

Members of the Committee shall be elected every four years in the year after which there occurs an election for Governor, and in the manner provided by law. Elections shall occur contemporaneously with the primary election held in that year. Members shall take office on the first Saturday following their election for a four-year term, on which day the terms of all members theretofore elected shall terminate.

Section 3:

If no person is elected in the primary election from any of the election districts, or if a vacancy is otherwise caused to occur in any of the election districts, the Committee Chairperson may nominate, subject to the approval by majority vote of Committee Members present, a qualified individual from that district or those districts to fill any such vacancy(ies) for the remainder of the four-year term. Unless otherwise specifically designated, each Committee member shall hereinafter be referred to as a Committee Member.

Section 4:

When a Committee Member ceases to be a resident of the election district from which elected or appointed, or when a Committee Member otherwise serves written notice of resignation from the Committee upon the Chairperson, an immediate vacancy shall be deemed to exist. Such vacancy shall be construed as an immediate vacancy in both the Committee and Somerset County Democratic Committee (SCDC).

Section 5:

If any Committee Member fails to attend three or more consecutive, duly-called meetings of the Committee, or if any Committee Member fails to support the purposes of the Committee or the Democratic Party, the Chairperson may ask, in writing, for such Committee Member's resignation. If, after 10 days, no written resignation is forthcoming, the Chairperson may recommend the removal of such Committee Member in accordance with the applicable provisions of the Amended and Restated Constitution and Bylaws of the Somerset County Democratic Committee.

Section 6:

The Chairperson may appoint non-voting associate members, who are registered Democratic voters whose legal domicile is within the municipality and who have particular expertise beneficial to the purposes of the Committee. These members serve at the pleasure of the Chairperson and may be removed or replaced without cause by the Chairperson. The term for appointed members will run concurrent with that of the Chairperson.

Section 7:

In seeking members, the Committee shall endeavor to promote diversity and inclusiveness in Committee membership by encouraging the participation of individuals with diverse racial, ethnic, religious and gender identities.

Section 8:

Resignation

(a) Written Resignation. Any member may resign at any time by Written Notice to the Chair. A resignation shall be effective upon receipt of such notice by the Chair or at any later date specified by the resigning member in the Written Notice of resignation.

(b) Resignation by Abandonment. If any member of the Committee fails, without good cause, to attend (either in person or by any means of communication authorized by Article VI, Section 1 of these Bylaws) at least 50% of the meetings of the Municipal Committee during any consecutive twelve-month period, AND, during such period, fails to carry out any duties of a member of the Committee including but not limited to participating in Committee activities, growing local party membership, volunteering for local, county and state campaigns, acting as challenger on election day, and helping with party events, the Chairperson may consider that such member has resigned by abandonment. Such resignation shall be effective upon delivery of Written Notice from the Chairperson to the resigning member. Such notice shall advise the member that if such member believes that the decision of the Chairperson is incorrect, such member shall have the right to have the issue reviewed by the Committee at a meeting of the Committee specified in such notice. At such meeting, the Committee shall consider arguments and evidence presented by such member and shall determine by majority vote whether to uphold or reverse the decision of the Chairperson. The decision of the Committee is final and unappealable.

Section 1:

The organizational meeting of the Committee shall be held on the first Monday following the election of Committee Members or at such other time as provided by law. The hour and place of said meeting shall be designated in a written notice given by the Chairperson of the outgoing Committee to each member-elect. At this meeting, the members of the new Committee shall elect, by a majority vote of the Committee Members present, persons who are registered Democratic voters with a legal domicile in the Borough of Manville to the following offices:

1. Chairperson
2. Vice-Chairperson
3. Treasurer
4. Secretary

Section 2:

Vacancy of an office in the Committee shall be filled by at the next Committee meeting by the majority vote of Committee Members present.

Section 3:

The term of each Officer and Committee Member shall be four years from the date on which she, he, or they becomes an Officer or Committee Member in accordance with these bylaws and until his, her, or their respective successor is elected and shall take office unless such Officer or Committee person shall sooner resign or be removed in accordance with these bylaws. Each outgoing Officer shall turn over all of his/her/their records to the outgoing Chairperson, who shall then turn over all such records to one of the incoming Committee Members.

Section 4:

All elected Officers of the Committee serve at the pleasure of its members. As such, the Committee Members have a right to remove Officers upon a vote of two-thirds of the entire membership of the Committee.

Section 1:

The Chairperson and Vice Chairperson shall be empowered to make or authorize expenditures and otherwise incur debts for Committee purposes in connection with the performance of their duties, in amounts up to $300, upon verification of available finds. Any expenditures or debts in excess of three hundred dollars ($300.00) but less than $750.00 require the approval of two officers. Any expenditure of more than $750 must be approved by a majority vote of the members of the Committee present. Anything approved outside the approved budget must be brought to the next Committee meeting to ensure transparency in the process.

Section 2:

Chairperson shall:

1. Preside at all meetings, enforce the Constitution and Bylaws of the Committee, and perform all duties required of him or her by law.
2. Notify Committee Members of all meetings by written notice.
3. Be empowered to call regular and special meetings as provided in Article VI.
4. At the written request of a majority of the Committee Members, call a special meeting within a reasonable time for the purpose or purposes specified in such request, failing which the next Officer in line shall do so.
5. Have authority to appoint Chairpersons and members of all standing and special committees and serve as ex-officio member of all such committees. All Committee Members shall be promptly notified of such appointments.

Section 3:

Vice-Chairperson shall:

1. Assist the Chairperson in the execution of the Chairperson's duties.
2. Assume the duties of the Chairperson, including the duty to call special meetings in his or her absence, or in the event of a vacancy in the Chairpersonship.

Section 4:

Treasurer shall:

1. Maintain the Committee's bank account, including authority to make deposits and withdrawals as authorized by these bylaws.
2. Maintain an accurate record of all receipts and disbursements of the funds of the Committee, present a written or oral report of such accounting at each regular meeting of the Committee, and make bank records available at the request of any Committee Member.
3. Subject the Committee's financial records to an annual audit by three members of the Committee, not including the Treasurer.
4. Respond in a timely manner to formal requests by members-elect for access to the complete financial records of the Committee or for a copy of the balance sheet of the Committee showing its assets and liabilities as of the close of business on the date of the preceding primary election.
5. Prepare and submit to the proper governmental agencies all reports and filings legally required with respect to the financial affairs of the Committee.

Section 5:

Secretary shall:

1. Maintain an accurate record of the proceedings of each meeting of the Committee and present written minutes thereof for the Committee's approval at the next regular meeting. In the event that the Secretary is absent from any meeting, the Chairperson shall temporarily appoint a Committee Member present to act as Secretary in order to fulfill these duties for that meeting only.
2. Maintain attendance records for all meetings.
3. Prepare correspondence as authorized by the members of the committee and maintain a permanent record/file of all material communications.

Section 1:

In addition to the Committee organizational meeting, at least three (3) additional meetings per year shall be called by the Committee Chairperson to conduct such business as comes before the Committee. The Committee Chairperson may also call special meetings as necessary. Written notice of any such meeting shall be given by the Chairperson at least five (5) days prior to such meeting. Any notice required to be given under these bylaws may be waived by a Committee Member to whom notice is required to be given. Any Committee Member attending a meeting without protesting the lack of proper notice prior to the conclusion of the meeting, shall be deemed conclusively to have waived such notice.

Section 2:

No official action at a meeting shall be taken unless a quorum, consisting of a minimum of onehalf plus one of the currently serving Committee Members, exists. The Chairperson shall not declare the absence of a quorum until fifteen (15) minutes after the starting time designated for the meeting. If there are only one, two or three currently serving Committee Members, then a quorum shall consist of all such currently serving Committee Members.

Section 3:

Approval of all questions or ballots put to a vote requires a majority vote of the Committee Members present. Absentee voting and proxy voting are not permitted. Committee Members shall have the right to participate in all or any part of a meeting of the Committee by means of conference telephone or any other means of communication by which all persons participating in the meeting are able to hear each other.

Section 1:

The Screening Committee shall consist of not less than a majority of the current Committee Members of the Committee. The purpose of the Screening Committee shall be:

1. To recommend candidates to stand for election to the municipal offices of the Borough of Manville, in primary elections or to fill a ballot vacancy due to ineligibility or resignation of a nominee.
2. To decide to support an open primary, in lieu of candidate screening for primary election and endorsements.
3. To submit to the Borough Council of Manville the names of three (3) persons to fill vacancies that may occur therein.

Section 2:

Meetings of the Screening Committee shall be announced publicly in a local newspaper or by any other electronic means authorized by Title 19, at least five (5) days in advance of such meetings.

Section 3:

Candidates must be registered Democrats who are legally eligible to run for office in the Borough of Manville.

Section 4:

At the start of each Screening Committee meeting, the Chairperson shall ask all candidates to come forward. Each candidate will draw a number to determine the order in which they will present themselves to the Screening Committee.

Each candidate will be given five (5) minutes to speak. Following all of the candidates' presentations, time will be given for the candidates to answer questions from the members of the Screening Committee. At the discretion of the Committee, candidates may give their presentations individually without the other candidates present. The Screening Committee will then withdraw to vote. The voting will take place by secret written ballot unless the Committee Members present vote unanimously to suspend this requirement. If the voting is conducted by secret ballot, an Election Committee appointed by the Chairperson from among the Committee consisting of one (1) inspector and one (1) teller will collect the written ballots and report the numerical results to the Committee

The voting procedure will be as follows:

1. For recommendation to the Chair of the SCDC in a primary election, or to fill a ballot vacancy due to the ineligibility or resignation of a nominee, each Committee Member shall cast one (1) vote for a candidate for each position. The candidate receiving a majority of the votes of the Committee Members present shell receive the Committee's endorsement. Lacking such majority, further rounds of voting ballots will take place. The candidate receiving the lowest number of votes shall be dropped from the ballot. This process will continue until the required number of candidates receive a majority of votes and the endorsement. Lacking a majority, there shall be no Screening Committee endorsement.
2. For submission of candidates to the Manville Borough Council to fill a vacancy therein, each Committee Member must cast one (1) vote for no more than two (2) candidates on the first ballot. Ballots containing more than two (2) candidates' names will be disqualified. Candidates receiving a majority of votes will be given the Committee's endorsement. If only one (1) candidate receives a majority on the first ballot, Committee Members will then vote for a second candidates on the next ballot. The candidate receiving the lowest number of votes shall be dropped from the ballot If there are two (2) or fewer candidates, the Committee Members may be asked by the Chairperson to endorse them by acclamation.

Section 1:

It shall be the duty of the Committee Members of the Committee to perform the following functions:

1. Identify and encourage Democratic candidates to run for office.
2. Encourage voter registration.
3. Encourage Democratic voting in all elections.
4. Regularly attend the meetings held by the Committee.
5. Attend, whenever possible, Borough Council and other meetings of municipal boards, committees or commissions.
6. Perform other duties which may be requested by the Committee Chairperson.

Section 2:

It shall be the further duty and privilege of each Committee Member of the Committee to recommend for each Democratic candidate in all elections the name of one (1) or more Somerset County registered Democrats to serve as poll watcher/challenger in the name of and for the protection of that candidate at the time of election. These recommendations shall be forwarded to the Committee Chairperson prior to the County deadline for the primary and general election. The candidate(s) shall make the final choice of challengers.

Section 1:

Amendments to the Constitution and Bylaws shall be approved by two-thirds of the Committee Members present at either the organizational meeting or at a meeting called for the purpose of amending this Constitution and these Bylaws. The proposed amendments shall be set forth in writing in the meeting notice.

Section 1:

All meetings shall be conducted in accordance with Robert's Rules of Order, Newly Revised. Any conflict shall be resolved in favor of this Constitution and these Bylaws, except as noted in Article II.

Section 2:

"Written Notice" to a person entitled to receive written notice under this Constitution and these Bylaws shall be deemed given (i) if by mail, when deposited in the United States mail, postage prepaid, directed to such person at such person's address as it appears on the records of the County Committee; (ii) if by facsimile, when directed to a number at which such person has consented to receive notice; (iii) if by electronic mail, when directed to an electronic mail address at which such person has consented to receive such notice; (iv) if by posting on an electronic network together with a separate notice to such person of such specific posting, upon the later to occur of (A) such posting and (B) the giving of such separate notice of such posting.

Section 1:

This Constitution and Bylaws shall take effect upon approval of two‐thirds (2/3rds) of the members in attendance at a duly constituted meeting of the Committee, and shall remain in effect without expiration unless amended as provided herein.

Adopted:

January 31, 2023
Date