Constitution and Bylaws of the
West Virginia Mountain Party
Effective July 20, 2024
ARTICLE I: NAME AND AFFILIATES
Section 1. The West Virginia Mountain Party, affiliated with Mountain Party Regional and County Committees, and with the Green Party of the United States.
Section 2. The West Virginia Mountain Party is synonymous and interchangeable with the following:
a. The West Virginia Green Party
b. The West Virginia Workers’ Party
ARTICLE II: PURPOSE/OBJECTIVES
Section 1. To advance environmental, economic, social, and political justice.
Section 2. To democratize the political and economic system and to expand enfranchisement.
Section 3. To promote the platform of the Mountain Party.
Section 4. To focus on grassroots organizing and developing County Committees.
Section 5. To provide mutual aid and practice good works in local communities.
ARTICLE III: MEMBERSHIP
Section 1. The Party shall be open to all residents of West Virginia regardless of race, color, gender, national origin, religious background, age, disability, or sexual preference. The Party or its members shall not discriminate against any person on the basis of race, color, sex, national origin, religious background, age, disability, sexual orientation, or gender identity.
Section 2. Each county may collectively organize in order to further goals and objectives of the county and interact with the state party organization. Upon meeting the criteria of accreditation, each county may form an executive committee to facilitate membership and organizational growth at the local level once a charter is granted by the State Executive Committee. Ultimate recognition of such committees are determined by the Accreditation-Credentials Committee. Criteria shall be formulated by the Accreditation-Credentials Committee and approved by the State Executive Committee.
Section 3. All State Executive and County Committee Officers shall be registered Mountain Party members in good standing.
Section 4. Subject to the provisions of this Constitution, all dues-paying registered Party members in good standing shall have the right to nominate candidates and Party Officials, to vote on referenda, and stand for Party office. All party members in good standing may attend Party meetings and have a voice at such meetings.
Section 5. It shall be the responsibility of each member to comply with the Constitution, Bylaws, and all duly established policies of the Party. Subject to the procedures of Article IX, a member may be barred from holding Party office or position, or an Officer removed or suspended for any breach of their responsibility to the Party.
Section 6. Conflict Resolution Committee.
- The State Executive Committee shall maintain as needed a Conflict Resolution Committee, which shall develop and facilitate a process for accepting and responding to written complaints regarding behaviors outlined in Section 7. If a complaint is made against a member of the Conflict Resolution Committee, or if the member of the Conflict Resolution Committee has another conflict such as a campaign relationship or previous Conflict Resolution Committee action, that member will recuse themself from the Conflict Resolution Committee for that specific incident; if the complaint is made against a member of the State Executive Committee, that member will recuse themself from any State Executive Committee involvement regarding that specific incident.
- Anonymous and/or unnamed sources will not be considered.
- The person being challenged will be given the opportunity by the Conflict Resolution Committee to respond to those complaints to the Conflict Resolution Committee.
- Any recommendation by the Conflict Resolution Commission to the State Executive Committee must be agreed upon by 2/3 of the State Executive Committee eligible to hear the question.
- Recommendations will be communicated verbally and in writing to the complainant and to the person being challenged.
- Remedies shall be sought utilizing our values emphasizing consensus and repair over punishment. The Conflict Resolution Committee shall establish a gradation of remedies up to and including removal from the State Executive Committee and other Party committees and suspension or prohibition from participating in Party meetings and online forums.
- However, if not egregious behavior, the Conflict Resolution Committee has wide latitude to use conflict resolution and peace-building methods. These methods include but are not limited to discussion/intervention by individual members of the Conflict Resolution Committee, behavior guidelines, mediation, and other opportunities.
Section 7. Code of Conduct. The following behaviors shall be grounds for action upon receipt of an appropriate complaint as outlined in Section 6:
- Betrayal of confidences entrusted in accordance with Bylaws, policies, rules, or agreed procedures;
- Offering or accepting bribes, whether monetary or for other consideration, including corporate campaign contributions;
- Theft, larceny, extortion, blackmail, deception, fraud, forgery, perjury, embezzlement;
- Misrepresentation of one’s own or another’s official capacity within the party to vendors, regulatory agencies, or other entities;
- Unauthorized access or use of party data or online resources
- Acting or conspiring to subvert the procedures of any committee or convention or the conduct of any internal election or candidate nomination process;
- Misrepresentation of one’s own or another’s political commitments;
- Infiltration on behalf of any outside interest;
- Maintenance of a conflict of interest without full disclosure;
- Violence and threats of violence;
- Unwelcome sexual attention;
- Racist, misogynistic, xenophobic, antisemitic, homophobic, transphobic, and other bigoted or discriminatory language, insults and/or name-calling, or other discriminatory behavior;
- Sharing sexually explicit or violent material via Party communication forums;
- Doxxing (defined as searching for and publishing private or identifying information about a particular individual on the Internet, typically with malicious intent);
- Making false and defamatory accusations;
- Engaging in targeted harassment, bullying, or stalking;
- Participation in a malicious hoax.
Section 8. No Officer or agent of the Party shall have business or financial interests which conflict with his or her duties to the Party.
Section 9. The Convention and all regular and special meetings of the Party shall be governed by this Constitution and Bylaws. The Party shall utilize consensus-based decision making.
Section 10. Registered Mountain Party members who have been removed or have resigned from any party position over allegations of misconduct will be automatically deemed not in good standing for an indefinite period of time.
Individuals can be determined not in good standing by the Accreditation-Credentials Committee in accordance with the Bylaws. Alternatively, a ⅔ vote of the State Executive Committee, in situations when good standing is not automatically determined, will clarify whether or not an individual has good standing. The State Executive Committee may jointly maintain a list of members not in good standing with the Accreditation-Credentials Committee. The State Executive Committee may decide no sooner than one year following the loss of good standing to restore a member’s status with a ⅔ vote. This vote must be accompanied by a statement of evidence showing a correction in the member’s violation(s).
Section 11. Any person who is not of voting age shall be considered a member of the Party if they are a West Virginia resident and are a member of the youth caucus of the Green Party of the United States. West Virginia residents 16 years of age or older who are disenfranchised from voting due to age, incarceration, parolee status, or immigration status may become members of the Party by submitting an official attestation that they are a West Virginia resident unable to register to vote who wishes to be a member of the West Virginia Mountain Party. Any person granted membership status by this section may be afforded all rights of membership except where prohibited by West Virginia law or these bylaws.
Section 12. Good Standing Defined.
a. Registered Mountain Party members will be deemed not in good standing for an indefinite period of time by:
- engaging in criminal deception or fraudulent activity, such as filing false documents with the Secretary of State;
- having been removed or having resigned from any party position over allegations of misconduct;
- impersonating the party as officers of the State Executive Committee;
- participating in a malicious hoax, such as a sham convention; or
- violating the party’s Code of Conduct.
b. This criteria shall apply to all party activities.
c. Violation of good standing criteria is automatic in cases of removals and resignations over misconduct. Automatic violations also apply to individuals in verified, well-documented and demonstrable acts of malicious hoaxes.
d. Individuals can be determined not in good standing by the Accreditation-Credentials Committee. Alternatively, a 2⁄3 vote of the State Executive Committee, in situations when good standing is not automatically determined, will clarify whether or not an individual has good standing.
f. The Accreditation-Credentials Committee may maintain a list of members not in good standing.
g. The State Executive Committee may decide no sooner than one year following the loss of good standing to restore a member’s status with a 2⁄3 vote. This vote must be accompanied by a statement of evidence showing a correction in the member’s violation(s).
ARTICLE IV: ADMINISTRATION
Section 1. The State Executive Committee shall appoint coordinators to oversee administrative divisions for Communications, Fundraising, Legislation, Membership & Outreach. The State Executive Committee shall also maintain an Accreditation-Credentials Committee and a Bylaws-Constitution-Platform Committee that shall each have no less than three and no more than seven appointed members. These Divisions and Committees shall be open to all registered Party members in good standing. The State Executive Committee is empowered to establish temporary (ad hoc) committees that it deems necessary for carrying out business of the Party.
Section 2. The Accreditation-Credentials Committee is responsible for granting and revoking recognition of County Executive Committees and any caucus or local chapter within the borders of West Virginia claiming affiliation with the Party. The committee also facilitates the credentialing of delegates to the State Convention.
Section 3. The Bylaws-Constitution-Platform Committee is responsible for organizing and facilitating participation in the amending policies and procedures of the Party by a process involving submissions, input and feedback, based on democratic deliberation, discussion, debate, and voting at the State Convention. The committee also retains the Standard Operating Procedures established by the State Executive Committee and shall review SOPs for Bylaws compliance.
ARTICLE V: PARTY STRUCTURE AND OFFICERS
Section 1. The biennial Party Convention shall be the Supreme Body with full and complete authority over all the affairs of the Party.
Section 2. The Executive Officers of the Party shall be the Chair, Vice-Chair, Secretary, and Treasurer. Vacancies to an Executive Office, with the exception of the Party Chair, shall be filled by majority vote of the Executive Committee and appointees shall serve out the vacating officer’s remaining term.
Section 3. The State Executive Committee shall include the Executive Officers of the Party plus at least one representative democratically elected from each Regional District. The State Executive Committee may decide by a 2/3 vote to change the size, shape, and number of regions. Representation may take any form approved by the State Executive Committee, so long as each representative represents approximately an equal portion of the total population, as similarly practiced from the established use of State Senate Districts.
Section 4. The State Executive Committee shall conduct an annual state meeting within the borders of West Virginia, which may coincide with the biennial State Convention, either by in-person or virtual means. Advance notice of such meetings shall be published/announced at least 30 days in advance. A quorum of the Committee shall be at least one-third of the Regional representatives, and the Chair or Vice-Chair, and at least one other Executive Officer.
Section 5. The State Executive Committee and its appointed division coordinators shall oversee the day-to-day business of the Party.
Section 6. The Chair shall be the chief executive officer of the Party and shall be responsible for implementing all policies established by this Constitution, the biennial Party Convention, the State Executive Committee, and County Committees. The Chair shall manage and supervise the affairs of the Party. The Chair or their designee shall preside at the party state conventions, and at meetings of the State Executive Committee. The Chair or their designee shall serve as spokesperson for the West Virginia Mountain Party.
Section 7. The Vice-Chair shall preside at any Convention or meeting from which the Chair is absent, and shall succeed to the office of Party Chair should a vacancy occur. The Vice-Chair shall oversee Ad Hoc Committees. The Vice-Chair shall perform other duties as directed by Party Convention, and/or the State Executive Committee.
Section 8. The Secretary shall be responsible for keeping the minutes at the biennial Party Convention and all meetings of the State Executive Committee and for the maintenance and protection of all records, books, papers, and contracts, excluding financial reports of the Party. The Secretary shall perform other duties as directed by Party Convention, and/or the State Executive Committee.
Section 9. The Treasurer shall submit an annual budget for approval to the State Executive Committee and shall facilitate and keep a proper account of administrative funding of the Party. The Treasurer shall disburse and collect funds as authorized by proper authority, pay all legitimate Party bills, and render financial reports as required by law and the Party leadership. The Treasurer shall perform other duties as directed by Party Convention, and/or the State Executive Committee. Additionally, the Treasurer shall be responsible for political financial activity of the Party via the Political Action Committee (PAC) utilized by the State Executive Committee and shall therefore receive, hold, and keep a proper account of all political funds.
Section 10. Delegates and Alternate Delegates to the Green National Committee (GNC) representing West Virginia shall serve as non-voting members of the State Executive Committee. Delegates shall consult the State Executive Committee on all matters being considered by the Green National Committee. Delegates and Alternate Delegates shall perform other duties as directed by Party Convention, and/or the State Executive Committee.
Section 11. There shall be one at-large delegate representing each Identity Caucus of the Green Party of the United States on the State Executive Committee.
ARTICLE VI: NOMINATIONS AND ELECTION OF OFFICERS
Section 1. Executive Officers of the Party shall be elected prior to the close of each biennial convention. All registered delegates to the Party Convention shall be eligible to vote for the Party Executive Officers. Ranked Choice Voting will be used to elect party officers and representatives.
Section 2. All candidates seeking Executive Office must be nominated by a credentialed Delegate, and must have accepted the nomination. Nominations must be in writing and be delivered to the Party Secretary prior to the Elections Phase of the Party Convention. Candidates must be registered Party members in good standing.
Section 3. Newly elected officers shall commence their term immediately/at the close of the Convention.
ARTICLE VII: STATE CONVENTIONS
Section 1. The Party shall meet in State Convention for every gubernatorial and federal election year at a time and place to be established by the State Executive Committee.
Section 2. Only duly credentialed delegates or their alternates may conduct the business of the Convention. Any registered party member in good standing may attend the Convention and speak on any issue.
Section 3. Delegates must be registered party members in good standing.
Section 4. Each Region shall elect two delegates to the Convention. In addition, all members of the State Executive Committee shall be credentialed as “at-large” delegates.
Section 5. Regional delegates shall be democratically elected by Mountain Party members in good standing prior to the Convention.
Section 6. Any delegate to the biennial convention who is unable to attend in person or — due to unforeseen circumstances — unable to attend virtually, may appoint a Mountain Party member in good standing to vote by proxy in their absence. Such absent members shall specify in writing any limitations on the scope of the proxy. No delegate present and available at the convention may withdraw therefrom, without reasonable cause while it is in progress, and appoint a proxy for the remainder of the meeting. No credentialed delegate may act as a proxy for more than one other credentialed delegate.
Section 7. Process.
a. Nominations for any statewide or federal public office may be made at the biennial party state convention. The ultimate and final decision for nominations shall be made by the Supreme Body of the Mountain Party. The biennial Party Convention retains full authority to overturn, replace, or reject any primary nominations of any candidate by a 2/3 vote.
b. To select its candidates for public partisan offices, the Mountain Party has the option to participate in the formal state of West Virginia primary election process as outlined in the state code. If no Mountain Party candidate files for the office or an incomplete number of Mountain Party candidates filed for each available seat of any available office during the regular primary election filing period, the party’s nominating convention may nominate candidates for the maximum number of still available seats of each available office for election in the upcoming general election.
c. In order for a candidate to be considered for nomination at the State Convention, they must be endorsed by a Mountain Party member in good standing. For those seeking state legislative office, those members must be in their district.
d. Voters registered as having no political party affiliation (“independents”), or with “Green” or “Socialist” affiliation, may vote in a party-run Mountain Party primary election.
e. Credentialed delegates to the appropriate biennial convention shall choose the party’s official Mountain Party representatives (and alternates) to the Green Party of the United States (GPUS) presidential nominating convention. The representatives to the presidential nominating convention are pledged to vote in reflection of the presidential primary held in West Virginia based on proportional allocation of delegates and are therefore bound to the preferred candidates for President and Vice-president in the first, second, and third rounds of voting. The Mountain Party may also conduct its presidential or gubernatorial primary utilizing the formal state of West Virginia primary election process, under the authority of the State Executive Committee. The candidates for President and Vice President chosen at any GPUS nominating convention, shall also be the chosen candidates of the WV Mountain Party and placed on the WV Mountain Party general election ballot line in that election cycle, so long as the Party is affiliated with the GPUS.
f. The Accreditation-Credentials Committee shall be present for each State Convention to adjudicate the issue of member in good standing as necessary. Prior to the start of the Convention, the Accreditation-Credentials Committee shall meet and issue a report listing the name of all eligible candidates for nominations.
g. The Bylaws-Constitution-Platform Committee shall serve as the Rules Committee for every state convention. Other Committees shall be established as deemed necessary by the State Executive Committee or by the voting delegates at the State Convention.
Section 7. Resolutions and policies approved by the Convention shall form the Bylaws of the Party. All policies enacted by the State Executive Committee shall be presented to the Party Convention for approval or disapproval. Policies established by the State Executive Committee need approval by the Convention prior to becoming Bylaws of the Party.
Section 8. The Party may endorse any independent or third party candidate who aligns with the party’s values and signs the Party’s candidate pledge.
ARTICLE VIII: FINANCES
Section 1. The fiscal year shall commence on the first day of January and expire on the last day of December.
Section 2. A dues structure applicable to the entire membership will be established and overseen by the State Executive Committee to fund the party. Dues shall be fair and reasonable.
Section 3. Contributions from billionaires, businesses, or corporate-affiliated PACs shall be prohibited. Contributions from labor unions and worker cooperatives shall be accepted or rejected on a case-by-case basis.
ARTICLE IX: VACANCIES/REMOVALS
Section 1. Vacancies.
a. State Executive Committee Chairperson vacancies shall be filled by majority vote of the State Executive Committee. Such vacancies may be temporarily filled by resolution of the state Officers. Each person so appointed by Officers resolution shall be the chairperson pro tem of the office named in the resolution and shall immediately and automatically yield the office upon the filling of the office by State Executive Committee vote.
b. Vacancies in other Party committees can be temporarily filled by resolution of such committees until the next regular committee election.
Section 2. Removals. A member may be barred from holding Party office or position, or an Officer removed or suspended for any breach of their responsibility to the Party. Each committee of the Party shall have the power to take such remedial action against one of its members when it deems necessary by a vote of at least 2/3 of that body.
Section 3. Absentee representatives. Any member of the State Executive Committee who, without excuse or prior notification, is absent from either four consecutive regularly scheduled meetings or seven meetings within two years of the Committee shall be considered to have resigned their position for the remainder of their term.
ARTICLE X: AMENDMENTS
Section 1. Amendments to this document can be made at any State convention by a vote of the credentialed delegates attending.