Summary of Bylaws Amendments (Full Text Appears Below Summary)

VOTING CLOSED JUNE 12, 2022; Approved Bylaws Took Effect as of That Date

Eleven possible bylaws changes were proposed. Numbers 1 through 9 were submitted by consensus of the MGP Bylaws Review and Rules Committee; these 9 were approved by the membership as of June 12, 2022. Numbers 10 and 11, submitted by a member, did not meet the 2/3 vote requirement of the membership and were not approved as of June 12, 2022. The full text of the proposals appears below this summary.

#1. Consensus and Policy Handbook - PASSED: 92% approval (23 yes, 2 no)
Article 5.1 - This proposal updates the outdated references to the Ohio Greens model that no longer exists and sets a one-week time limit for reaching consensus before moving to a vote.

#2. Code of Conduct - PASSED: 83% approval (20 yes, 4 no)

Article 5.3 - Requires the MGP to create a “code of conduct.”

#3. Delegate Apportionment - PASSED: 88% approval (22 yes, 3 no)

Article 7.2 - Creates a simple, fair, and standardized method of allocating delegates to the Coordinating Council.

#4. Standing Committees - PASSED: 88% approval (22 yes, 3 no)

Article 9.1 - Reduces the number of standing committees to meet current needs.

#5. Seasonal Committees - PASSED: 88% approval (22 yes, 3 no)

Article 9.3 - Changes certain committees from standing, year-round status to seasonal, as-needed status.

#6. Primary Dates Revision - PASSED: 84% approval (21 yes, 4 no)

Article 10.6 - Solidifies the dates of the primary for state-wide and federal races and simplifies the process.

#7. Local and Regional Candidates - PASSED: 88% approval (21 yes, 3 no)

Article 10.8 - Establishes criteria for handling local candidates.

#8. Bylaw Amendments - PASSED: 88% approval (22 yes, 3 no)

Article 14.6 - Updates voting to reflect that it happens online, not just at the annual assembly, and requires the website to explain the bylaw amendment process.

#9. Remove Interim Designation - PASSED: 92% approval (23 yes, 2 no)

Multiple Articles - Establishes the bylaws as “permanent” and no longer as “interim”.

#10. Nominations of Local Candidates - DID NOT PASS: only 44% approval (11 yes, 14 no)

Article 10.3 - Establishes criteria for handling local candidates, including establishing locals’ authority for local candidates (city/county, not state and federal races).

#11. Primaries in Non-Competitive Races - DID NOT PASS: only 36% approval (9 yes, 16 no)

Article 10.6 - Rescinds the requirement for primaries in non-competitive races (when no surplus candidates are running).

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Full Text of Bylaws Proposals Listed Above

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#1 - Consensus and Policy Handbook-Consensus Proposal

This proposal serves three purposes:

1. Updates the outdated references to the Ohio Greens model that no longer exists and Meeting Process Manual that is not available;
2. Tasks the MD Green Party Coordinating Council (CC) to compile a central document, easily accessible online, that contains agreed-upon policies and processes; such a manual was created during the early years but has been lost for some time; and
3. Sets a one-week time limit for reaching consensus before moving to a vote on any given issue. The current bylaws are silent about how long to wait before moving to a vote.

CURRENT LANGUAGE

5.1 Consensus-Seeking; Green Meeting Process Manual. In all proceedings, assemblies, committees, and other meetings, except where mandated otherwise by these Interim Bylaws or by valid election law, the MGP shall seek to arrive at decisions by consensus. An example of consensus process is outlined in the printed text of the Maryland Green Meeting Process Manual (a modified version of the Meeting and Process Manual Draft 10/11/96 published by the Ohio Greens, based on an earlier version published by the Green Party of Alaska). If consensus cannot be reached after a period of discussion considered reasonable by two-thirds (2/3) of those members present at a meeting, a vote shall be called for. Except where specifically provided otherwise in these Interim Bylaws, the decision of a two-thirds (2/3) majority on substantive issues and a 50%+1 majority on process issues shall prevail.

PROPOSED LANGUAGE

5.1 a) Maryland Green Party Process Manual. The Maryland Green Party shall maintain an updated MGP-CC process manual, available on the Party Website, that details rules and processes for MGP-CC business. New additions to this process manual must be approved by ⅔ of the MGP-CC.

1. b) Consensus-Seeking; In all proceedings, assemblies, committees, and other meetings, except where mandated otherwise by these Bylaws or by valid election law, the MGP-CC shall seek to arrive at decisions by consensus. If consensus cannot be reached after 7 days of discussion, a vote shall be called for. Except where specifically provided otherwise in these Bylaws, the decision of a two-thirds (2/3) majority of yes and no votes on substantive issues and a 50%+1 majority of yes and no votes on process issues shall prevail.

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#2 – Code of Conduct-Consensus Proposal 

This proposal requires the Maryland Green Party to create a “code of conduct.” The Coordinating Council (CC) created such a code in 2017 that allowed the CC to vote to expel people from the Maryland Green Party if they violated the code, a power that the state party does not have. All MGP-CC decisions that allow the CC to determine who can be a member of the MGP are to be reviewed and approved by the membership. Because the 2017 Code has never been submitted to the membership in 6 regular assemblies and 1 special assembly, its status is incomplete. The Bylaws Review and Rules Committee agreed on several important concerns with the 2017 code and found it imperative that the CC start fresh.

Some code to establish group norms is a standard best practice in most organizations. Also, consensus models depend on some agreed-upon guidelines for engagement; consensus cannot function properly without such guidelines. The MGP, like most groups, has had serious problems from a lack of shared behavioral norms.

CURRENT LANGUAGE

5.3 Accountability and Dissent: MGP officers, committee members, and representatives are accountable to the principles and policies established by the membership. However, the MGP affirms the right of its members to public and private dissent. Any member may disagree with and work against MGP policy as long as the member is not acting as a representative or delegate of the MGP or portraying the member’s position as MGP policy.

PROPOSED LANGUAGE - Add at end:

MGP officers, committee members, representatives and Green Party members interacting on MGP matters shall have a “code of conduct” to ensure the spirit of collegiality, comradeship, and cooperation as well as ensure that people conduct themselves in an honest and ethical way. The code shall present a gradation of remedies.

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#3 – Delegate Apportionment-Consensus Proposal

• Creates a simple, fair, and standardized method of allocating delegates to the Coordinating Council.
  
  
• Current bylaws allocate delegates from each local to the MGP-Coordinating Council based on the number of “active” members but does not define “active.” In the past, each local has created its own definitions of active members, leading to different definitions in different locals. This proposal offers a standardized method of allocating delegates that is simple, fair, and transparent.
  
  
• It also caps the number of delegates any local can have to two.

CURRENT LANGUAGE

7.2 Composition of Coordinating Council: The Coordinating Council shall consist of the officers of the MGP and delegates from each of the Locals. Each Local shall be entitled to one delegate, plus additional delegates according to the following formula: one (1) additional delegate when the Local reaches twenty (20) members who are active in that Local, and one additional delegate for each fifty (50) members who are active in that Local thereafter. Members are as defined in Article 3 of these Bylaws. Each Local shall ensure gender parity of its delegation and shall comply with Article 11 of these Bylaws. No person on the Coordinating Council shall have more than one vote.

PROPOSED LANGUAGE

7.2 Composition of Coordinating Council: The Coordinating Council shall consist of the officers of the MGP and delegates from each of the Locals. Each Local shall be entitled to one delegate, plus up to one additional delegate according to one of the following formulas:

1. one additional delegate based on the local’s percent of total active registered using the formula: (12-month average of local’s total active registered Greens divided by 12 month average of Maryland’s total active registered Greens) multiplied by (current number of recognized locals times 2). 
   
   
2. one additional delegate based on the results of partisan elections governed by the state board of elections in the last two cycles in which a Green candidate receives: 20% of the vote in a single-seat election, 15% in a two-seat election, 10% in a 3-seat election, or 5% in 4+ seat election.

The apportionment of delegates shall occur in July prior to the July Coordinating Council meeting. In years that the MGP is not recognized as a political party by the State Board of Elections, each local shall revert to one delegate each. Each Local shall ensure gender parity of its delegation and shall comply with Article 11 of these Bylaws. No person on the Coordinating Council shall have more than one vote.

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#4 – Standing Committees-Consensus Proposal

• Reduces the number of standing committees to meet current needs.
  
  
• The current bylaws have nine standing committees: Finance, Membership, Electoral, Bylaws, Nominating, Meetings and Assemblies, Press and Publicity, Platform, and Conflict Resolution. Eight of the nine require a representative from each local. Small locals have found this impossible, and even the larger locals find it difficult.
  
  
• Some of these are more seasonal and do not need to meet year-round, such as the Electoral Committee and the Ballot Access Committee.

CURRENT LANGUAGE

9.1 The Maryland Green Party shall have Standing Committees designated in this Article, and may receive reports from such other committees as, from time to time, the Coordinating Council shall create and appoint, subject to Section 9.9. Each Committee shall conduct its business according to Section 5.1. Each committee shall be convened by a person of its own choosing, unless otherwise specified in this Article.

9.2 Finance Committee: The Finance Committee shall include a representative from each Local and the Treasurer, who shall convene the committee. The Finance Committee shall be responsible for helping the Treasurer set and implement financial policies, develop a budget, comply with federal and state campaign finance and election law, and to help the Treasurer with other matters pertaining to the finances of the organization. The Finance Committee shall meet at least bi-monthly.

9.3  

(1) Membership Committee: The Membership Committee shall include one representative from each Local and the Membership Coordinator, who shall convene the committee. The Membership Committee shall be responsible for assisting the Membership Coordinator in the maintenance of the MGP member contact information, and with organizing and implementing efforts to recruit and retain members, to increase Green voter registration, and to orient new members. The Membership Committee shall meet at least quarterly.

(2) Outreach Subcommittee of the Membership Committee: The Membership Committee shall create a subcommittee to work with the Locals to determine ways to reach out to new persons not yet involved with the Greens, with special attention to recruiting person from groups that may be demographically underrepresented in the MGP. The Outreach Subcommittee shall submit monthly reports of its findings, efforts, and progress on recruitment and affirmative action, in accordance with Article 11, to the Coordinating Council.

9.4 Electoral Committee: The Electoral Committee shall include one representative from each Local, and the Co-Chairs of the MGP. The Electoral Committee shall coordinate MGP electoral activity, including the recruitment of candidates; shall gather, calendar, and process other information about upcoming election contests; shall support MGP electoral campaigns; shall keep the MGP informed of and in compliance with election laws; shall coordinate efforts to gain and maintain ballot status; and shall coordinate efforts to change election laws. The Electoral Committee shall meet at least quarterly.

9.5 Bylaws Review and Rules Committee: The Bylaws Review and Rules Committee shall include at least one representative from each Local and the CoChairs. It shall review all process disputes for the purpose of making proposals to amend the Bylaws if deemed necessary. The Committee may draft proposals for amendments to the rules of order for MGP decisionmaking forums as permitted under the Bylaws. The Committee shall also conduct annual Bylaws reviews for the purpose of considering improvements to the Bylaws and making proposals to amend the Bylaws for the purpose of complying with changes in the election laws. The Committee shall review all amendment proposals and develop alternative proposals as it deems necessary, and facilitate the communication of all proposed amendments or alternatives, along with rationales for each proposal, to members of the MGP for consideration in advance of MGP Assemblies.

9.6 Nominating Committee: The Nominating Committee shall include at least one representative from each Local. The Nominating Committee shall recruit and nominate officers of the MGP, and shall receive nominations from the membership and the Locals.

9.7 Meetings and Assemblies Committee: The Meetings and Assemblies Committee shall include at least one representative of each Local. The Meetings and Assemblies Committee shall plan and schedule the meetings, gatherings, assemblies, and conventions of the MGP.

9.8 Press and Publicity Committee: The Press and Publicity Committee shall include at least one representative from each Local that chooses to elect such a representative. The Press and Publicity Committee shall monitor press coverage of the MGP and its Locals; shall arrange for publicity and press coverage of MGP events and candidates, when appropriate; and shall assist the Locals in arranging for publicity and press coverage of Local events and candidates. The Press and Publicity Committee may also be called upon to help the Co-Chairs select appropriate persons to speak publicly on behalf of the MGP.

9.9 Platform Committee: The Platform Committee shall include one representative from each Local. The Platform Committee shall develop and propose to the Coordinating Council processes for fulfilling Article 12 of these Bylaws in a fair, democratic, and deliberative manner in close consultation with the Locals.

9.10 Conflict Resolution Committee: The Conflict Resolution Committee shall include the Co-Chairs, one representative from each Local, and a representative from the Bylaws Review and Rules Committee. The Conflict Resolution Committee shall: 1) develop processes for resolving conflicts within the MGP; 2) assist MGP Locals in developing processes for resolving conflicts within the Locals; 3) review upon request any disciplinary action taken by the MGP or its Locals; and 4) assist the Locals in the training of members in conflict resolution.

9.11 Local Representation on Ad Hoc Committees: Other committees may be organized on an ad hoc basis by creation and appointment by the Coordinating Council, but each Local shall have the right to appoint a representative to each committee, and any MGP officer having duties directly concerning the work of the committee shall also serve on any such committee.

PROPOSED LANGUAGE

9.1  The Maryland Green Party shall have Standing Committees designated in this Article. Each committee shall be convened by an MGP officer named in the committee description. Committees shall have one representative from each Local that chooses to elect such a representative. Each delegate shall serve on at least one committee.

9.2  Standing Committees

a. Finance Committee: The Finance committee shall be convened by the Treasurer. The Finance Committee shall be responsible for helping the Treasurer set and implement financial policies, develop a budget, comply with federal and state campaign finance and election law, and help the Treasurer with other matters pertaining to the finances of the organization.

b. Membership Committee: The Membership committee shall be convened by the Membership Coordinator. The Membership Committee shall be responsible for assisting the Membership Coordinator in the maintenance of the MGP member contact information and with organizing and implementing efforts to recruit and retain members, to increase Green voter registration, and to orient new members.

c. Bylaws Review and Rules Committee: The Bylaws Review and Rules Committee shall include both co-chairs and shall be convened by the recording secretary. It shall review all process disputes for the purpose of making proposals to amend the Bylaws if deemed necessary. The Committee may draft proposals for amendments to the rules of order for MGP decisionmaking forums as permitted under the Bylaws. The Committee shall also conduct annual Bylaws reviews for the purpose of considering improvements to the Bylaws and making proposals to amend the Bylaws for the purpose of complying with changes in the election laws. The Committee shall review all amendment proposals and develop alternative proposals as it deems necessary and facilitate the communication of all proposed amendments or alternatives, along with rationales for each proposal, to members of the MGP for consideration in advance of MGP Assemblies.

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#5 – Seasonal Committees-Consensus Proposal

Changes certain committees from standing, year-round status to seasonal, as-needed status.
Two Committees designated by our current bylaws as permanent are seasonal in nature and do not need to meet year-round: Electoral and Ballot Access. The Electoral Committee workload is heaviest during the time leading up to and during election years. That workload is greatly reduced during off years for elections. Similarly, the Ballot Access Committee generally does not need to meet except during our petition drives.

CURRENT LANGUAGE

Electoral Committee: The Electoral Committee shall include one representative from each Local, and the Co-Chairs of the MGP. The Electoral Committee shall coordinate MGP electoral activity, including the recruitment of candidates; shall gather, calendar, and process other information about upcoming election contests; shall support MGP electoral campaigns; shall keep the MGP informed of and in compliance with election laws; shall coordinate efforts to gain and maintain ballot status; and shall coordinate efforts to change election laws. The Electoral Committee shall meet at least quarterly.

PROPOSED LANGUAGE

9.3. Seasonal Committees

1. Electoral Committee (Seasonal): The Electoral Committee shall coordinate MGP electoral activity, including the recruitment of candidates; assisting candidates with the MGP nomination process; shall gather, calendar, and process other information about upcoming election contests; shall support MGP electoral campaigns; and shall keep the MGP informed of and in compliance with election laws.
   
   Composition: The Electoral Committee shall be chaired by one of the MGP Co-chairs and shall consist of at least 3 members, but no more than 7 members. No more than ⅔ of the committee shall be a member of the same MGP local. Any individual who has filed a Declaration of Intent with the Maryland State Board of Elections shall not be eligible to serve on the Electoral Committee in the same year for which they have filed.
   
   Meetings: The electoral committee shall commence no later than October 31st of the year prior to either a statewide or presidential election year and should meet at least monthly. The committee will conclude its work with a report to the Coordinating Council no later than January 31st of the year following a presidential or statewide election.
   
   
2. Ballot Access Committee (Seasonal): The Ballot Access Committee shall coordinate all MGP ballot access activity, including developing a budget for its activities, communicating with the Maryland Board of Elections regarding petition design, coordinating petition gathering by MGP members, communicating ballot access activity and petitioning updates to the MGP CC, and coordinating with any contractors that might be hired to assist with petition gathering. 
   
   Composition: The Ballot Access Committee shall be chaired by the MGP Co-chair who is not the Electoral Committee chair and shall consist of at least 3 members, but no more than 7 members.
   
   Meetings: The Ballot Access Committee shall commence in January of the year prior to the expiration of the Maryland Green Party ballot access. During the first 12 months, the committee must meet at least quarterly; after that, the committee should meet at least monthly. The committee shall conclude its activities a month after the Maryland State Board of Elections renders its decision regarding the status of the submitted petitions by submitting a report to the MGP Coordinating Council.

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#6 – Primaries Revision-Consensus Proposal

The membership of the MGP voted last year to adopt a primary process for all federal and state-wide offices. This proposal preserves the spirit of that amendment, while simplifying the process. It also aligns the Maryland Green Party nominating process with the legal filing deadline the state Board of Elections uses for Green Party Candidates.
This proposal does require a primary regardless of whether the race is contested. It does so for two reasons:

1) The spirit of this bylaw is to give Green voters a choice, even if it is between one person and “none of the above”. Without a primary, the CC gets to decide if a candidate will appear on the ballot.

2) Logistically it is complicated to decide whether to have a primary the day before the primary would start. The CC should plan on hosting a primary for every seat that has a candidate in it.

CURRENT LANGUAGE

10.6 Primary Process: Candidates for Statewide office, or the United States Congress (House of Representatives and Senate) shall be nominated via a primary in which all registered Greens in the jurisdiction are eligible to vote by preference vote. The primary should occur during the month of April in the year that the General Election will occur. The primary can be conducted by in-person, mail or electronic balloting.

If the Primary occurs at a time when the party does not have ballot access then all persons recognized as members of the Maryland Green Party in that area are eligible to participate.

The Electoral Committee is responsible for preparing specific timetables and procedures for the primary and must have that document complete no later than March 1st of the year prior to the Primary.

10.7 Filling a Vacancy- If a position that is nominated via the primary process outlined in section 10.6 is vacant and a candidate seeks to fill that vacancy prior to the deadline for providing the state of Maryland with a certificate of Nomination, the Coordinating Council may by a two-thirds vote convene a special primary for the eligible voters in that region that will occur during July of the year in which the general election will occur. Procedures for a special primary should be published no later than July of the prior year.

PROPOSED LANGUAGE

10.6 Primary Process: Candidates for Statewide office, or the United States Congress (House of Representatives and Senate) shall be nominated via a primary in which all registered Greens in the jurisdiction are eligible to vote by preference vote. The primary should occur during the three weeks following the deadline for filing a Declaration of Intent in the year in which a General Election will occur. The primary will follow the voting rules laid out in section 5.2.

If the Primary occurs at a time when the party does not have ballot access, then all persons recognized as members of the Maryland Green Party in that area are eligible to participate.

The Electoral Committee is responsible for preparing specific timetables and procedures for the primary. Those processes must be approved by the MGP-CC no later than January of the year of the Primary.

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#7 – Local and Regional Candidates-Consensus Proposal

IMPLEMENTATION NOTE: This bylaw does not go into effect until after the 2022 election cycle.

Rationale for this Amendment
Background
The MGP does not have state-run, taxpayer-funded primary elections in order to decide who will be nominated to appear on the general election ballot; only the Democrats and Republicans can do that in Maryland.

So the MGP has to figure its own process for how to nominate the candidates that locals endorse. The bylaws broadly give that power to the state party. Section 10.3 of the bylaws provides the following:

The MGP reserves the power, in consultation with the Locals, to withhold the designation Green from, and to reject, any candidate the MGP deems inappropriate, wishing to run as, or claiming to be, a Green Party candidate in Maryland. 

Over the years a series of nominating rules have been put forward by the coordinating committee. In 2018 the electoral committee drafted a nomination procedure that provided guidelines for how local nominations are handled. Versions of that document, available here https://www.mdgreens.org/candidacy have been approved by the MGP-CC for the 2018, 2020, and 2022 election cycles. 

These rules provide the local autonomy over their endorsement process and define the basis for the MGP-CC rejecting any candidate nomination. Those rules limit rejection of a candidate to three extenuating circumstances.

Extenuating Circumstances – The MGP-CC may consider rejecting or overturning a Local's nomination decision only under the following circumstances:

1. Flaws in how the Local handled the process of nomination that rendered it grossly unfair, inconclusive, or illegitimate.
2. New information about a candidate, of which the Local was unaware, that calls into serious question the candidate's integrity, commitment to Green values, or fitness for public office.
3. Evidence that the candidate engaged in illicit or unethical activity, or made a serious violation of Green Party principles with regard to campaign finance.

What This Proposal Does

This proposal seeks to define basic standards of fairness and transparency for the MGP-CC to use in evaluating how a local handled the process of the endorsement. The proposal would require locals to do three things:

1. Have a published endorsements process that is available to the public.
2. Allow any Green seeking the nomination for any office they qualify for to participate in the endorsement process.
3. Align the time-line of the Green Party nominating process with the State Board of Elections candidate filing deadlines for Green Party candidates. 

Summary

The nominating rules adopted since 2018 attempt to limit the broad role the bylaws provide the MGP in rejecting local endorsements. Ambiguity around fairness in those rules is confusing and allows MGP nominating processes to be politicized, which is the opposite of the intent of the nominating standards the MGP-CC has used for the last three cycles. 

This proposal does not take away the ability for locals to determine what their endorsement process is; they retain that autonomy. It rather seeks to provide bylaw-based clarification of a rule that has been in place but ambiguous for several cycles. It also seeks to provide a solid starting point for locals to think about how they endorse candidates, while allowing them the autonomy to develop their own methods. 

Ultimately, it moves the party to a fair and transparent nominating process that respects local autonomy while allowing the MGP-CC to do due diligence as a nominating body.

CURRENT LANGUAGE

10.8 Local and Regional Candidates: Candidates for municipal, county, or district offices shall seek endorsement from the Local or confederation of Locals that comprise the candidate’s district, in accordance with Article 3 and Sections 4.5 and 4.6.

PROPOSED LANGUAGE

10.8 Local and Regional Candidates: Candidates for municipal, county, or district offices shall seek endorsement from the Local or confederation of Locals that comprise the candidate’s district, in accordance with Article 3 and Sections 4.5 and 4.6.

Locals should have a fair and transparent  local candidate endorsement process. Endorsements must occur after the deadline for candidates to file a declaration of intent and be open to any registered Green seeking the nomination.

All local endorsement processes should be published on the state party website and on local party websites (if applicable) at least one year in advance of the filing deadline.

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#8 – Bylaw Amendment Process-Consensus Proposal

Votes by the full Maryland Green Party membership generally happened one day a year, at our annual assembly. Since the covid-19 pandemic, however, most such voting happens online, not just at the assembly, and over a three-week period culminating in the assembly, not just on one day at the assembly. We wish to reflect our online status and to allow for hybrid (online plus in-person) once in-person assemblies resume.
This proposal also requires the website to explain the bylaw amendment process so that members can find it and know how our bylaws are amended. This shared understanding is important for openness and transparency as well as for membership participation.

CURRENT LANGUAGE

14.6 General Amendment Rule: Amendments may also be ratified by a 2/3 majority at any MGP Assembly, and take effect immediately upon adjournment at the Assembly at which they are adopted, unless the amendment specifically provides otherwise.

PROPOSED LANGUAGE

14.6 General Amendment Rule: Amendments may be ratified by a 2/3 majority of voting members and take effect immediately upon ratification unless the amendment specifically provides otherwise.

14.7 Bylaws Amendment Process: The Bylaws and Rules committee shall maintain a policy and process document explaining the bylaw amendment process, available on the Maryland Green Party website. 

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#9 – Permanent, Not Interim-Consensus Proposal

Multiple Articles - Establishes the bylaws as “permanent” and no longer as “interim”.
Many bylaws sections still refer to their original “interim” status from 2000; declaring the original 2000 bylaws as permanent is overdue. The original authors’ intention was that the bylaws be completely reviewed before being made permanent. That thorough review happened this year and is why we have so many bylaws changes this time.

A. Introductory Paragraph

Add sentence at end of introductory paragraph to indicate change from “interim” to “permanent” status.

CURRENT LANGUAGE
Adopted unanimously at the Maryland Green Party Gathering and Assembly August 13, 2000, at Lake Elkhorn Pavilion in Columbia, Maryland, by the individuals designated in the partyforming petition as the initial governing body (the “Committee of 25”) and ratified unanimously by the Coordinating Council and by the whole Assembly. Green Party Co-Chair Bob S. Auerbach, who is designated the State chairman of the Green Party in the party-forming petition, convened the meeting and presided as president pro tem of the meeting of the Committee of 25 until party officers were elected. Amended at the MGP State Assembly held at Towson University, May 12-13, 2001. Amended at the MGP State Assembly held at HCLS Elkridge Branch, June 30, 2018. Amended via online vote of coordinating committee January 21, 2021. 

PROPOSED LANGUAGE - Add at end of paragraph:
Formally declared “permanent,” not “interim, by vote of the membership June 12, 2022.

B. Delete “Interim” Throughout

Delete the word “interim” throughout, such as in the following sections: 4.4, 5.1, 6.3, 8.7,10.2, 10.5(2), 13.2, 13.4, and 14.4.

C. Delete Interim Ratification and Temporary Amendment Provisions

Delete Sections 14.1, 14.2, 14.3, and 14.5.

CURRENT LANGUAGE

14.1 Ratification: These Interim Bylaws may be ratified by a 2/3 majority at a State Convention or other meeting called by three or more Green Locals in Maryland.

14.2 Effective Date: These Interim Bylaws shall take effect at the end of the State Convention or other meeting at which they are ratified.

14.3 Interim Nature of these Bylaws: It is the intention that these Interim Bylaws will be revisited in their entirety and superseded by more permanent bylaws.

14.5 Temporary Amendment Rule: Until November 15, 2000, or unless these Interim Bylaws are superseded by an entire revised bylaws at an MGP Assembly, the Coordinating Council shall be authorized to amend these Interim Bylaws, other than Articles 2, 5, and 14, by a three-fourths (3/4) majority of the members of the Coordinating Council present at a meeting of the Coordinating Council at which a quorum is present, provided that those amendments are not contrary to Articles 2, 5, or 14, and that the Coordinating Council affirmatively determines that the amendment is vital to carrying out the purpose of the MGP. Any such amendment shall take effect immediately, but shall be subject to review by the members and Locals at the next MGP Assembly.

D. Housekeeping Edits to Bylaws Amendments Section

Housekeeping revisions to Sections 14.4 and 14.6: Delete the word “Interim” and renumber 14.4 to 14.1; renumber 14.6 to 14.2. 

CURRENT LANGUAGE

14.4 Who May Propose Amendments: Amendments to these Interim Bylaws may be proposed by any member or any Local.

14.6 General Amendment Rule: Amendments may also be ratified by a 2/3 majority at any MGP Assembly, and take effect immediately upon adjournment at the Assembly at which they are adopted, unless the amendment specifically provides otherwise.

PROPOSED LANGUAGE

14.1 Who May Propose Amendments: Amendments to these Bylaws may be proposed by any member or any Local.

14.2 General Amendment Rule: Amendments may also be ratified by a 2/3 majority at any MGP Assembly and take effect immediately upon adjournment at the Assembly at which they are adopted, unless the amendment specifically provides otherwise.

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10. Nominations of Local Candidates-Member Proposal

Establishes criteria for handling local candidates, including establishing locals’ authority for local candidates (city/county, not state and federal races).

CURRENT LANGUAGE

10.3 Green Party Candidates: The MGP reserves the power, in consultation with the Locals, to withhold the designation Green from, and to reject, any candidate the MGP deems inappropriate, wishing to run as, or claiming to be, a Green Party candidate in Maryland. The MGP will only endorse or nominate registered Green candidates. Alternatively, candidates barred from registering Green are eligible for an endorsement or nomination if they are designated Green by the MGP.

PROPOSED LANGUAGE

10.3 Green Party Candidates: The MGP reserves the power, in consultation with the Locals, to withhold the designation Green from, and to reject, any candidate for state-wide or federal office that the MGP deems inappropriate, wishing to run as, or claiming to be, a Green Party candidate in Maryland. The MGP designated SBE-listed state chair will forward the nomination of local candidates to the State Board of Elections within 48 hours of receiving any nomination notification from the designated local co-chairs, and local candidates do not require the approval of the state Coordinating Council.

The MGP will only endorse or nominate registered Green candidates. Alternatively, candidates barred from registering Green are eligible for an endorsement or nomination if they are designated Green by the MGP.

Member Nancy Wallace Statement - Recommending Yes on This Proposal

One of our Green Party's four pillars is grassroots democracy. Our party is different from all the other political parties because we are truly "bottom up", with local groups taking positions and running candidates without a "top down" formal structure. This has been expressed in our Maryland candidate recruiting, review, and approval practices for local candidates for nearly 20 years. Each local group in Maryland, which are usually on a county basis, has found their own candidates, approved them, and sent their names either directly to the state Board of Elections if they have a formal party organization -- or sent the name to the state Coordinating Committee to send to the Board, if the local group doesn't have a formally registered local organization. The state CC did not question or approve the local choice. In fact, we have been delighted to have candidates that the local group has vetted.

Maryland has a broad range of political environments, from the horrific conditions of our inner cities to global corporate threats to farming communities with pipelines and toxics. The local groups know best on their issues. Locals also know best on our people and who will be the best candidate at the current time for our local races. This is the most fundamental expression of grassroots democracy. We had no problems for nearly 20 years with local groups approving local candidates. This bylaw introduced an additional procedure, and we should not have the state level second-guessing the local chapter's decisions. Even the state Coordinating Committee itself is made up of delegates from the local groups. We "are" the local groups. We should stay with our trust and reliance on the local groups and let the locals run their local parties. Unfortunately, this new bylaw in 2021 made the approval of local candidates an issue for politicking at the state level within the party. We should return to our historical practice, which has been proven successful by our track record of excellent local candidates clearly supporting Green values, over nearly two decades. [Bylaws Committee Editor's Note: The bylaw requiring a primary 10.6 passed by membership in 2021 only applies to state-wide and federal candidates, not local candidates. Bylaw 10.3 has long been in place.]

Maryland Green Party Bylaws Review & Rules Committee Review of Member-Submitted Bylaws Amendment for Section 10.3 -- Recommending No on This Proposal

Per MGP Bylaws 9.5 regarding the Bylaws Review and Rules Committee:
…The Committee shall review all amendment proposals and develop alternative proposals as it deems necessary, and facilitate the communication of all proposed amendments or alternatives, along with rationales for each proposal, to members of the MGP for consideration in advance of MGP Assemblies…

We submit the following review of the bylaw amendment submitted by Nancy Wallace, Montgomery County, regarding section 10.3 of the MGP Bylaws.

The bylaw amendment as written would require the state party’s co-chair(s) to sign and submit to the SBE a candidate nomination form for any candidate running for municipal or county office within 48 hours of a candidate being nominated by a recognized MGP local. This amendment, as written, would strip the co-chairs of the state party of any opportunity to perform due diligence regarding the Certificate of Nomination they are being mandated to sign. It would also eliminate the ability of the Maryland Green Party to protect its ballot line from any outside interlopers – thus potentially creating situations where the MGP ballot line could be used by interests contrary to the stated goals and policy positions of the MGP.

Under Maryland Election Law 5-203 Voter registration and party affiliation (a) Voter registration required. (2) Unless the individual is a registered voter affiliated with the political party, an individual may not be a candidate for: (ii) except as provided in subsection (b) of this section, nomination by that political party. This law requires that any candidate running for any office governed by state election law must be a candidate of the political party from which they seek the nomination. This bylaws amendment as written would require the co-chairs to sign a certificate of nomination regardless of whether or not the candidate complies with this statute. This would create a situation where the co-chairs would be compelled to violate Maryland election law and open the party up to legal action accordingly.

Additionally, there is a compelling reason for all candidate nominations to be approved by the state party. Under this bylaw, as it is written, a group of Republicans could change their registration to Green, start a Green Party local, and then nominate a candidate to run in a race hoping that their “Green Party candidate” might spoil the race for a Democrat. Under this bylaw amendment, as it is written, there is nothing the state party would be able to do in order to prevent this from happening. We would be faced with a situation where a group hostile to our values and beliefs hijacks our ballot line for their own perceived benefit. The ramifications of this would be extremely detrimental to the Maryland Green Party.

While the bylaws do not specifically state that the Rules and Bylaws Committee should provide guidance to MGP members about how to vote in regards to a bylaws amendment, we have made it our policy to provide context around these amendments in order to better guide MGP members in their voting decisions regarding arcane topics like rules and bylaws. In regards to this specific bylaw amendment, the MGP Bylaws Review and Rules Committee unanimously recommends that the MGP membership vote against this bylaws amendment.

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11. Primaries in Non-Competitive Races-Member Proposal

Rescind the requirement for primaries in non-competitive races (when no surplus candidates are running).

CURRENT LANGUAGE

10.6 Primary Process: Candidates for Statewide office, or the United States Congress (House of Representatives and Senate) shall be nominated via a primary in which all registered Greens in the jurisdiction are eligible to vote by preference vote....

PROPOSED LANGUAGE

10.6 Primary Process: Candidates for Statewide office (Governor/Lieutenant Governor, Attorney General, and Comptroller) or the United States Congress (U.S. Senate and House of Representatives) shall be nominated via a primary when the number of candidates exceeds the positions available. All registered Greens in the jurisdiction are eligible to vote by preference vote....

Member Nancy Wallace Statement - Recommending Yes on This Proposal

1) The requirement to have a primary when there is only one candidate for a single seat, or just the number candidates as number of seats in a multi-candidate race, was instituted in 2021, when members adopted a bylaw requiring the primary for state and federal races. This hard requirement is completely unnecessary, because the state Coordination Committee can have such a primary whenever it decides to, without this bylaw. Most importantly, it forces a large drain of precious time and energy on our party volunteers to run a somewhat complicated electronic balloting process, including organizing candidate statements, selecting and setting up balloting software, communicating the primary vote, tabulating and verifying the vote. All this needs to be done, when we have in fact a hard time finding candidates in the first place.

2) The second reason is that we already have a firm process in place to filter out unacceptable candidates, since the bylaws requiring approval of the state Coordinating Committee for state-wide candidates. That approval is necessary to send a candidate's name officially to the State Board of Elections. So we have complete protection already from anyone who does not represent Green values, or is thought to be harmful to the party by the state CC.

3) Third, the solution to visibility of Green primary candidates is to directly challenge the exclusion of the Green Party from the official, tax-funded Maryland primaries, which the state legislature made law 50 years ago and that a Constitutional scholar says is simply, obviously unconstitutional. It is not to further burden the precious volunteer resources at the heart of the party with an unnecessary administrative procedure, which should be used instead for campaigning for these same candidates out in the streets and social media. The theoretical gain that was promised, of increased outreach to members and the premise for this change, has not materialized. Instead, the party looks more out of touch with the reality of running candidates, and reduces our resources for supporting our candidates.