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Amendments to the Bylaws

Proposed Amendments to the Principles

Proposed Amendments to the Bylaws

• LWV Connecticut
• LWV Indiana & Bloomington-Monroe Co., IN
• LWV Saratoga County, NY

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Link to: Proposed amendments from LWVConnecticut. For more information contact Carole Young-Kleinfeld: Xtyk@optonline.net [replace the X with a c] or Jean Rabinow, LWVCT Office Administrator: Xwvct@lwvct.org [replace the X with an L]

The LWVCT is strongly committed to the comprehensive by-laws revision proposal sent to the LWVUS Board and the By-Laws committee on January 31, 2008. We continue to feel that these revisions are necessary to establish standards for program planning procedures, guidelines for establishing advocacy priorities, clarification for achieving “member understanding” and a clear direction on the use of resolutions at LWVUS conventions and councils and we will strongly advocate the passage of the entire proposal.
However, the ability of state leagues to lobby their own US delegations without prior permission for the LWVUS is an issue of such importance to the grass roots that we believe it should be put to a separate vote.
Our proposal is [on our webpage]. The LWVCT is looking for a productive discussion and passage of this amendment and of the entire package at convention.
Jara Burnett, President, LWVCT

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Two Proposed Amendments from LWV Bloomington-Monroe County (IN) and the League of Women Voters of Indiana
Contact Albrecht Holschuh, LWV of Bloomington-Monroe County and LWVIN, holXchuh@indiana.edu [replace the X with s]

The first corrects a minor flaw in the bylaws. The second concerns the election of the national board. It affects national governance. (The current rule on bylaws change proposals prescribes a format from the typewriter age. We will follow it in the formal application. In the document before you, changes are marked more prominently.)

1. Announcing the Date of Council
   Under current bylaws, a proposal for emergency change to the biennial program, to be enacted by the council, must be submitted to the national board "at least eight weeks prior to the council" (Article X, Section 4a). The call to hold a council, however, must come from LWVUS only "at least thirty days before a council meeting" (Article X, Section 1).
   That seeming contradiction results from imprecision in the wording. Councils are routinely announced much earlier, for practical reasons. The requirement for a thirty-day notice apparently is intended only for special council meetings. Unfortunately, it appears in a paragraph that is to set the date of any council, regular or not, but mentions only this one timeline.
   Clarification could come from a separation of regular and emergency councils, both now treated in Section 1.

   Current wording of Article X, Section 1: Place, Date and Call. A meeting of the council shall be held biennially approximately twelve months after each convention at a time and place determined by the national board. In the event of an emergency, the national board may also call a special meeting. A formal call shall be issued to state presidents at least 30 days before a council meeting. Notice of the council meeting shall be sent to the presidents of local Leagues and ILOs at the same time.

   The wording used for convention may serve as a model, with some modification. The lead time could be somewhat shorter than for convention (six months instead of eight).

   Proposed wording of Article X, Section 1, with changes marked: Place, Date and Call. A meeting of the council shall be held biennially approximately twelve months after each convention, at a time and place determined by the national board. A first call to council shall be sent to the presidents of state Leagues and the League of the District of Columbia at least six months prior to the date fixed in said call. In the event of an emergency, the national board may also call a special meeting. A formal call shall be issued to state presidents at least 30 days before a council meeting. Notice of the council meeting shall be sent to the presidents of local Leagues and ILOs at the same time.

   That leaves the question of how to handle special councils. One might ask what the purpose of a special council could be, given that councils in general shall merely "give guidance to the national board on program and methods of work" and "shall adopt a budget" (Section 4). Vacancies on the board are resolved within the board.

   By setting longer timelines for emergency program change, the current bylaws do not envisage a special council to change the adopted program. Emergency changes to the program require substantial lead time and action, as specified in Section 4a. Sudden program changes would also violate the tradition of the League not to be swayed by a quickly changing political environment.

   Two responses are possible: to abolish special councils or to specify their time, place and call in a separate section.

   Option A: Proposed deletion from Article X, Section 1, as shown above, without replacement elsewhere:
   In the event of an emergency, the national board may also call a special meeting. A formal call shall be issued to state presidents at least 30 days before a council meeting.

   Option B: Proposed wording of a new Section 6:
   Special Council Meeting. In the event of an emergency, the national board may call a special meeting of the council. A formal call specifying purpose, time and place shall be issued to state presidents and the District of Columbia League at least 30 days in advance. Notice of the council meeting shall be sent to the presidents of local Leagues and ILOs at the same time.

2. Electing Directors and Officers
   All LWVUS directors and officers are elected at the same time. Many organizations, including many Leagues at the local and state levels, have learned that the arrangement is not optimal. It invites disruption and uncertainty and can damage or even destroy collective memory on the board. These drawbacks are diminished by the existence of a professional staff at the national office, but it could be argued that the board, not the staff, should guide the organization with a steady hand.
   The current arrangement also places heavy responsibility on the nominating committee, a body that itself suffers from the uncertainty of being potentially wholly new in any election cycle.
   The obvious remedy is to elect the board (both officers and directors) to overlapping terms. In other organizations it is common to elect half of the board in any year, to a two-year term. One could also opt for a one-third replacement every year to three-year terms, or for one-half replacement every two years to four-year terms, but the first of the three options seems to be the most common and is proposed here.
   It moves part of the election from the convention to the council. Theoretically, as a secondary effect, it adds a measure of balance by shifting some weight from local Leagues (those that can afford to send delegates to the LWVUS convention) to state Leagues, creating equal representation of states for the election of part of the board. In practice, however, this shift is not likely to appear often, because the League, like many similarly structured organizations, routinely elects a slate, avoiding contested elections.
   With respect to directors the change would be simple, because they are not elected to specific portfolios. The election of officers demands more thought. It may be best to have the convention elect the president and the first vice-president at the same time, in order to create the certainty needed for a possible substitution in the office of the president.
   The second vice-president and the secretary-treasurer would be elected by the council.
   The changes would have minor consequences for other parts of the bylaws.

   Current wording of Article VIII, Section 1:
   Selection, Qualifications and Term. The board of directors shall consist of the officers, eight directors elected by the convention and not more than eight directors appointed by the elected members of the board. All directors shall be voting members of the LWVUS. They shall serve until the close of the next convention or until their successors have been elected and qualified. Vacancies other than the presidency may be filled by vote of the remaining members of the board.

   Proposed wording of the same, with modifications marked:
   Selection, Qualifications and Term. The board of directors shall consist of the officers, eight elected directors elected by the convention and not more than eight directors appointed by the elected members of the board. All directors shall be voting members of the LWVUS. They Four directors shall be elected by the convention and shall serve until the close of the next convention or until their successors have been elected and qualified. Four directors shall be elected by the council and shall serve until the close of the next council or until their successors have been elected and qualified. Vacancies other than in the presidency may be filled by vote of the remaining members of the board.

   Current wording of Article VII, Section 1:
   Election, Qualifications and Term. The officers of the LWVUS shall be a president, a first vice-president, a second vice-president and a secretary-treasurer. They shall be voting members of the LWVUS and shall be elected by the convention to hold office until the close of the next convention or until their successors have been elected and qualified. […]

   Proposed wording of the same, with modifications marked:
   Election, Qualifications and Term. The officers of the LWVUS shall be a president, a first vice-president, a second vice-president and a secretary-treasurer. They shall be voting members of the LWVUS and. The president and the first vice-president shall be elected by the convention to hold office until the close of the next convention or until their successors have been elected and qualified. The second vice-president and the secretary-treasurer shall be elected by the council to hold office until the close of the next council or until their successors have been elected and qualified. […]

   Resulting addition to the wording of Article X, Section 4:
   Powers. The council shall elect officers and directors and shall give guidance to the national board on program and methods of work. […]

   Equivalent wording already exists for the convention. Small modifications will be needed in Article XI:

   Proposed wording of Article XI, Section 3, with modifications marked: Report of the Nominating Committee. The convention report of the nominating committee, containing its nominations for officers, directors and four members of the next nominating committee, including a chair or cochairs, shall be sent to the chairs of state and local Leagues and ILOs at least six weeks prior to the convention. The council report, containing the nominations for officers and directors, shall be sent to the chairs of state and local Leagues and ILOs at least six weeks prior to the council. The report of the nominating committee shall be presented to the convention or council at its the first session. Nominations may be made from the floor immediately thereafter, provided the consent of the nominee has been obtained.

   Proposed wording of Article XI, Section 4, with one modification marked:
   Election. The election shall be the responsibility of an election committee appointed by the president at the first session of the convention or council. Election shall be by ballot except that if there is only one nominee for an office it shall be by voice vote. A majority of those present and voting shall constitute an election.

   Amendments normally take effect upon approval. Application to the 2009 Council, however, would cause confusion, because those elected in 2008 under current rules will hold office until 2010. The transition to the new format must be regulated.

   Proposed wording of a transition regulation to be approved by Convention 2008, but not to become part of the bylaws:
   The bylaws change regarding board elections shall be implemented with Convention 2010 and the nomination process that precedes it. In 2010, the second vice-president, the secretary-treasurer and four directors shall be elected to one-year terms.

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The Saratoga County, NY LWV, contact: Lori Dawson lddaXson@skidmore.edu [replace the X with w]

Proposed changes: Underlining denotes words to be added. Brackets [ ] denotes words to be deleted.

ARTICLE VII
Officers
Sec. 1 Election, Qualifications and Term. The officers of the LWVUS shall be a president, a first vice-president, a second vice-president and a secretary-treasurer. They shall be voting members of the LWVUS and shall be elected by [the convention] direct per member vote to hold office until the close of the next convention or until their successors have been elected and qualified.

ARTICLE VIII
Board of Directors
Sec.1. Selection, Qualifications and Term. The board of directors shall consist of the officers, eight directors elected by [the convention] direct per member vote and not more than eight directors appointed by the elected members of the board. All directors shall be voting members of the LWVUS. They shall serve until the close of the next convention or until their successors have been elected and qualified. Vacancies other than the presidency may be filled by vote of the remaining members of the board.

ARTICLE IX
Convention
Sec. 4. Powers. The convention shall adopt a program, [elect officers and directors,] adopt a budget and transact such business as may properly come before it.

ARTICLE XI
Nominations and Elections
Sec. 1. Nominating Committee. The nominating committee shall consist of seven members, of whom four shall not be members of the national board. The four to be elected by direct per member vote [the convention] shall include a chair or co chairs. Promptly after the convention, the national board shall appoint three of its members to the committee. Vacancies shall be filled by appointment by the national board.

Sec. 2. [Suggestions for] Nominations. The nominating committee shall solicit names of nominees from all state and local Leagues as well as the ILOs beginning the month following LWV Presidents Council [request suggestions for nominations], by advising them of the offices to be filled, and the address to which [suggestions] names of nominees are to be sent. [Any LWVUS member may submit suggestions for nomination.] The nominating committee shall verify that all nominees are members of the League in good standing and that they have agreed to accept the nomination. The nominating committee may also offer nominees. Nominations shall be closed on November 30, or such later date as is fifteen (15) weeks preceding the date set for counting the ballots. The Nominating Committee shall require the nominees individually to submit a statement on behalf of their candidacy no later than two (2) weeks after the close of nominations. The committee shall then file the nominations and statements with an officer of the LWV Board.

[Sec. 3. Report of the Nominating Committee. The report of the nominating committee containing its nominations for officers, directors and four members of the next nominating committee, including a chair or co-chairs, shall be sent to the presidents of state and local Leagues and ILOs, The report of the nominating committee shall be presented to the convention at its first session. Nominations may be made from the floor immediately thereafter provided the consent of the nominee has been obtained.]

Sec. 3 [4] Election. [The election shall be the responsibility of an election committee appointed by the president at the first session of the convention. Election shall be by ballot except that if there is only one nominee for an office it shall be by voice vote. a majority of those present and voting shall constitute an election.]

The board of directors of the League of Women Voters will be determined by direct per member vote prior to the convention. At least four weeks before the date set for counting the ballots, a ballot containing the names and photos of all nominees, in alphabetical order, shall be electronically sent to each member of the League eligible to vote. All members without an email address shall be sent the ballot via post. The ballot shall be distributed with the statement of each nominee. If no statement has been received from a nominee, it shall be so indicated, but the nominee's name and photo shall remain on the ballot. The Nominating Committee shall indicate the nominees that they have nominated by placing a notice next to each name or photo on the ballot.

Each qualified voter shall be allowed to vote for the number of director, officer and nominating committee vacancies that are open. Ballots shall be returned to the principal office of the League or to such other place as is designated by the Inspectors of Election by the date specified. No ballot shall be counted if received later than 12:00 o'clock noon on the date set for counting the ballots.

Sec 4. Election Inspectors. The Board shall appoint three (3) Election Inspectors and a number of alternates from the membership of the LWV, who shall supervise the election, oversee the counting of ballots, tabulate the results, and report to the Nominating Committee and the National Board in writing the number of votes for each candidate and the names of those elected to serve as officers, directors and members of the nominating committee. No current director, officer or nominee may serve as an Inspector of Election or alternate.

Sec 5. Election Results. The Nominating Committee shall notify the nominees of the results of the election in a timely manner. At convention the nominating committee shall report the number of votes cast for each nominee and indicate the successful candidates.

Rationale proposed by Saratoga County LWV

We propose that all members of the League must have the opportunity to vote for national officers and directors. Attendance at national convention is costly and difficult, and many local leagues cannot afford to send their allotted delegates to convention. It simply is unacceptable that only those members who can afford to attend convention and who attend as delegates are given the right to vote for the national board.

We have found that potential and new members are astounded to learn that every League member does not have the right to vote. They see our method of electing our national board at convention by delegates as both archaic and undemocratic. Changing our by-laws in order to allow each League member the opportunity to vote for the national board reflects our beliefs and will strengthen our organization. Direct election of officers and directors is appropriate at the national level, but individual states and local leagues should determine their own election processes based on the realities of the area that they serve.

We have determined that nominations should be made from the boards of state and local Leagues as well as ILOs as we do for program planning. This would allow another layer of vetting of the nominees assisting the nominating committee in their work. We also believe that it is crucial for all nominees to appear on the ballot. This respects the individuals who are willing to run for office and has the potential to provide a larger selection from which to choose. Voting members will utilize the statements on behalf of their candidacy written by the nominees in order to cast their votes.

We propose the use of secure electronic ballots with allowances for ballots via post for those members requiring it. We have found web-based companies that provide secure on-demand voting that we could utilize. For example, Votenet Solutions found at http://www.votenet.com/about.cfm was recently used with great success by a trade organization to which one of our board members belongs. Any additional cost associated with direct per member vote could be covered by grants and/or donations.

It is our intent that the proposed time line for the election will ensure that the election is completed early enough in order to allow the candidates who have been elected to make plans to attend convention. A major benefit of conducting the election prior to convention is that it allows more time for program planning, budget and other business of importance. Also, newly elected national board leaders would be able to fully participate in the business of convention and will have the opportunity to interact with outgoing and incoming national board members.

Our proposal leaves in place the system whereby the newly elected members of the board may appoint up to eight directors. This system ensures that the national board is comprised of members who have the skills, knowledge and attributes necessary to fulfill the organizational needs of the Board. Also, it allows the board to make appointments that fortify geographic, racial, ethnic and gender diversity. Once we have the opportunity to experience an election cycle or two, we may wish to adjust this system so that a higher percentage of directors are elected by the membership.

In summary, it is crucial that the structure and policy we use to conduct our business reflects the mission of the LWVUS to encourage the informed and active participation in government. We believe that direct per member vote of national officers and directors will align our practices with our beliefs, encourage more participation at convention and has the potential to increase membership. We respectfully request your support of our proposal.

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Proposed Amendments to League Principles

Proposal by LWV Fairfax Area, VA
The new principle would be: "The League of Women Voters of the United States believes that all powers of the U. S. government should be exercised within the constitutional framework of a balance among the three branches of government: executive, legislative and judicial."
EXPLANATION: This addition would provide the LWVUS as well as state and local Leagues a basis for choosing to study or lobby on issues involving the federal judiciary.
RATIONALE: As stated in Impact on Issues, "the Principles are 'concepts of government' to which the League subscribes". They can be used as a basis for adoption of program and also a basis for taking action, although a stated position is preferred. The problem is that nowhere in the positions or principles as they are now is the judiciary mentioned. Our proposal will be the first step to get the judiciary into the LWVUS mix.
BACKGROUND: As things are now no League can adopt a position that specifically deals with the Federal judiciary. Most states have positions that deal with their state judicial siuation. By "extension" many include the Federal system when taking action. However, none of us have been able to point at anything in LWVUS positions that deal with the judiciary. All actions taken have been "extra" to LWVUS. So far no one has challenged them, but they are still not in conformity with our stated rules of procedure. We hope our proposal will change that, since it can be adopted at Convention and immediately go into use. Specific program issues can be adopted in the future if deemed necessary.
For more information contact: Pat Brady Xatgbr2000@yahoo.com [change the X to p]

Barbara Wardenburg - barbward@pacbell.net
a member of the League of Women Voters of Los Altos/Mtn. View Area, CA
rev. Feb. 23, 2008

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