Constitution of the Personal Choice Party of Utah

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PREAMBLE

With a decent respect to the opinions of humanity, many of us are compelled to declare that we are sickened by government meddling in our personal choices. We hold among our inalienable rights, the individual rights to life, liberty, and the pursuit of happiness. We hold that as long as we do not endanger or cause harm to others, we alone should have the right to choose our own unique pursuit of happiness. Though many seem to have forgotten, there are still those of us who adhere to the true principles in America's Declaration of Independence, that the only just purpose of government is to protect the equal inalienable rights of all. To secure these rights, governments are instituted, deriving their just powers from the consent of the governed. Whenever any form of government becomes destructive of these ends, it is the right, it is the duty, of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles, and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness. Personal Choice asserts that everyone has free agency and individual rights. Personal Choice expresses the philosophy of live and let live. Personal Choice demands that, as long as I am not hurting anyone else, only I have the right to choose how I spend my time, my wealth, my life, my honor. The purpose of government is to prevent us from harming others and to prevent others from harming us. That is all we should expect or allow government to do. It is not the job of government to stop us from harming ourselves, or to make us help others. That is our responsibility as individuals. In pursuit of happiness, this Constitution of the Personal Choice Party of Utah serves in perpetuity.

ARTICLE I - NAME

The name of the party is the Personal Choice Party of Utah.

ARTICLE II - EMBLEM

The official emblem of the Personal Choice Party is the smiley face, symbolizing the Pursuit of Happiness. To represent the Personal Choice Party on the ballot, the State shall be provided with a standard smiley face. Party members shall be free to choose from among the countless multitudes of smiley faces, the one that best represents the Personal Choice Party for them.

ARTICLE III - PERMANENT PRINCIPLE AND PLATFORM

In order to form a more perfect political process, the Personal Choice Party of Utah regards Personal Choice as its mission statement, its permanent principle, and its permanent platform. To promote Personal Choice, the Personal Choice Party of Utah minimizes the need for group decisions. Thus, the interpretation of the principle of Personal Choice, as it applies to specific issues, shall be each individual's Personal Choice. The Party shall make no group decisions on specific issues. No person shall be authorized to speak for the Personal Choice Party on any specific issue. Each Person is free to develop and express their own personal opinions.

ARTICLE IV - PARTY MEMBERSHIP

Every sentient being who chooses to be a member of the Personal Choice Party of Utah is a member as long as they choose to be a member. All members are entitled to participate in all Personal Choice Party of Utah activities, as provided in this Constitution, and the laws of the State. Participating members shall accept and abide by this Constitution of the Personal Choice Party of Utah.

ARTICLE V - PARTY OFFICER

     (a) - The Moderator:

The only officer of the Personal Choice Party of Utah will be known as the Moderator. The Moderator shall moderate the Party Meeting. We use the term "Moderator", rather than "Chairman", lest anyone mistakenly thinks the Moderator is somehow authorized to speak for the Party on issues. They are not.

     (b) - Selection process:

The Moderator shall be selected by a vote at the State Convention. Persons willing and desirous to serve as the next Moderator shall submit their names to the current Moderator no less than ten days prior to the State Convention. Those names shall then be included in a secret balloting process at the State Convention. The secret balloting process shall be determined and prepared by the current Moderator. To initialize the future and aid in its development, the current Moderator, until the end of 2008, shall be Ken Larsen, a Founder.

     (c) - Qualifications:

The Moderator shall be a member of the Personal Choice Party of Utah as well as fulfilling all legal requirements for serving as an officer of a political party in the State of Utah.

     (d) - Affirmation:

Before taking office, the Moderator-elect shall openly affirm: "I hereby promise or affirm as Moderator of the Personal Choice Party of Utah that I will obey the Constitution of the United States, the Constitution of the State of Utah, the Election Code of the State of Utah, and the Constitution of the Personal Choice Party of Utah." This affirmation shall be notarized and filed with the Office of the Elections Clerk of the State.

     (e) - Duties of the Moderator:

          (i) - To the Personal Choice Party of Utah, the Moderator shall:

               (1) - set time and place for the State Convention as required by law.

               (2) - provide physical arrangements for the State Convention.

               (3) - moderate the State Convention, that is, the Moderator shall maintain order, conduct balloting and establish a fair process for individuals who choose to address the State Convention.

               (4) - prepare a secret balloting process for electing the next Moderator, and prepare a secret balloting process for multicandidate races. The Moderator shall fulfill the requirements of the law relevant to this process. The Moderator shall develop, in advance, a random selection process for selecting winners in the case of a tie. If the law requires a majority vote, and no candidate has a majority, the Moderator shall provide a secret balloting process for selecting one of the top two candidates. If, after eliminating blank ballots where a majority is required, the number of remaining ballots is even, the Moderator shall cast a secret ballot before any votes for individual candidates are counted. If the number of countable ballots is odd, the Moderator shall not vote.

               (5) - if the law requires any specific changes to this Constitution, make such required changes, but only such required changes.

               (6) - perform any other duties required by law for the officers of a political party in the State of Utah.

          (ii) - The Moderator is designated as the liaison with the Lieutenant Governor on all matters relating to the Personal Choice Party of Utah's relationship with the State of Utah.

          (iii) - The Moderator shall release to the media the names of presidential electors, candidates, and the elected party officer shortly after they are selected.

          (iv) - The Moderator is responsible for records to be filed with the government as required by law.

          (v) - The Moderator shall communicate with the appropriate people in other states for the purpose of forming a national Personal Choice Coalition of ballot-worthy parties, and selecting national candidates for President and Vice-president.

     (f) - Term of Office:

The Moderator shall begin office the first day of January on the odd-numbered year following the year of the State Convention in which the Moderator is elected. The Moderator shall serve 2 years until the 31st day of December on the even-numbered year in which a new Moderator is elected.

     (g) - Replacement:

If the office of Moderator becomes vacant for any reason, the person with the next highest votes received at the State Convention at which the absent Moderator was elected shall be Moderator. If no such person is available, all persons filing for office as a Personal Choice Party candidate shall communicate and choose among themselves a replacement. If no Moderator can be selected in time to organize and moderate the next State Convention, the Personal Choice Party of Utah shall dissolve and the Party name shall be available to any person or persons desiring to fulfill the requirements of the law to start again.

ARTICLE VI - PARTY MEETING

     (a) - State Convention:

          (i) - The Moderator shall set and publicize the date and time of the State Convention to be held on even-numbered years during the month of May, or as required by State Law. A quorum for business shall consist of all members in attendance at the State Convention and who are actually physically present during any particular balloting taking place. Should the magnitude of participation require it, the Moderator shall be authorized to adapt the State Convention, including the possibility of a multitude of venues, provided that all are simultaneously conducted under the Moderator's direction. Proxy voting shall not be allowed.

          (ii) - A voting member at the State Convention shall be any member of the Personal Choice Party who meets the requirements of the law. Members shall refrain from disruptive or abusive behavior at the Personal Choice Party of Utah State Convention.

          (iii) - The State Convention shall have no authority to create any committee. The Moderator shall have no authority to create any committee. There shall be no official Party committee for any purpose whatsoever. Members shall be free to associate in groups of any size for any legal purpose.

     (b) - Selecting Party Candidates:

          (i) - Candidates for political office in Utah:

A Personal Choice Party candidate for political office within the State of Utah shall be any member of the Personal Choice Party who meets the requirements of the law and has filed with the State as a candidate. All Personal Choice Party candidates shall accept and abide by this Constitution. Any candidate who has filed for an office unopposed shall be certified by the Moderator as the Personal Choice Party candidate for that office. Contested races shall be determined by the secret balloting process established by the Moderator. The Personal Choice Party of Utah shall determine its candidates on its own without any need to participate in a primary election.

          (ii) - Governor/Lieutenant Governor:

The candidate for Governor shall be chosen by the secret balloting process established by the Moderator. Each candidate for Governor shall nominate at least three candidates for Lieutenant Governor, listing them in order of preference. Voting members shall indicate approval or disapproval of each nominee for Lieutenant Governor on each list. The highest ranking nominee for Lieutenant Governor appearing on the elected Gubernatorial candidate's list, with a majority approval, shall be the Party's nominee for Lieutenant Governor. If a Gubernatorial candidate is chosen and none of the candidates for Lieutenant Governor chosen by that Gubernatorial candidate has a majority, the two with the most approval votes shall be placed on a new secret ballot to determine the nominee.

          (iii) - National President and Vice-president and the Personal Choice                    Coalition:

All state parties who hope to have ballot access for the next presidential election are free to choose to be members of the Personal Choice Coalition, regardless of their name or the number within a particular state.

Before the end of June, on the odd-numbered year before a presidential election, the moderators or executive officers of each Coalition Party shall communicate to each other the names of their candidates for President. Then, before the end of July of the same year, each party shall hold a meeting with a secret ballot for all candidates. It is permissible to have several parties in a single state, but legally qualified members are trusted to vote only once. The tally shall be kept confidential until after the last state party election. Then, all the votes will be tallied, one person, one vote. Participation in the program will be considered a promise to put the national winner and their choice for vice President on the ballot, thus increasing the media power of all member parties. A tie shall be settled by the flip of a coin.

Until the Presidential and Vice-presidential candidates are chosen by this mechanism, all candidates are free to campaign for the nomination by any lawful method they choose. After the selection, all members within the Personal Choice Coalition are encouraged to celebrate the national nominees and educate the public.

          (iv) - Presidential Electors:

All members voting at the State Convention on presidential election years may indicate on a separate form their willingness to serve as Presidential Electors, and their pledge, if selected, to vote for the candidates chosen by the Personal Choice Party. The number of Electors allowed by law, and as many alternates, shall be chosen from among those willing to serve by a random selection process determined by the Moderator. If too few volunteer, the Moderator shall recruit and appoint the necessary additional electors and alternates from the membership of the Personal Choice Party of Utah.

          (v) Vacancy of candidacy:

In the event any Personal Choice Party candidacy becomes vacant for any reason, the Moderator shall provide a replacement. If possible, the replacement shall be the candidate with the highest number of votes at the State Convention who is willing to fill the vacancy. Otherwise, the Moderator shall choose a willing replacement from the membership of the Personal Choice Party of Utah.

     (c) - Secret Ballot:

Voting shall be by a secret balloting process determined by the Moderator. The process shall insure physical ballots that can be recounted if challenged. Challenges may only be made at and during the State Convention at which the challenged balloting takes place. The Moderator shall establish a system for assuring that each member who chooses to vote does so only once. The Moderator will also assure, in each election, that no vote is counted before all have been collected.

     (d) - Voting by District:

Voting members at the State Convention shall vote for candidates for those offices for which they determine it is appropriate for them to choose to vote. Each member is assigned the responsibility to insure that they vote only for those candidates in whose districts they live. No member, or group of members, shall challenge the right to vote of any member. Each member shall be trusted, not feared. Any abuses of this trust will be a small price to pay for the benefits of this trust.

     (e) - Other Conventions:

There shall be no official Personal Choice Party county organizations or conventions. Nor shall there be any official organization, meeting or caucus at any other level, including Voting Districts and Congressional Districts. Nor shall the Party conduct any official business at any time or place other than the State Convention. Personal Choice Party members within the various counties and districts are encouraged to associate and cooperate for any lawful purpose they choose.

ARTICLE VII - PARTY FUNDS

Individuals and groups are free to choose to donate funds for any purpose, including State Income Tax check-off funds. The Moderator shall then immediately deposit such funds into the account of the Personal Choice Political Action Committee. The sole purpose of the PC-PAC shall be to provide funding for Personal Choice Party candidates and activities. All such transfers shall be reported, as required by law.

ARTICLE VIII - PARTY RECORDS

The Personal Choice Party of Utah shall keep no records other than those filed with the government as required by law. Such requirements are, consequently, a matter of public record and are as accessible as the government may provide.

ARTICLE IX - AMENDMENTS

Except as provided for previously in this Constitution, there shall be no amendments to this Constitution. If any party member feels a need to change this Constitution, they are free to start a new political party with a new name.

ARTICLE X - GRIEVANCES

Grievances with or within the Personal Choice Party of Utah shall be settled by the Courts of proper jurisdiction. For purposes of this Article, the Moderator's Affirmation shall be considered a binding contract.

POSTAMBLE

Much of this Constitution, especially the Preamble, contains the personal opinions of the Founders of the Personal Choice Party of Utah. It is not intended to imply that the Personal Choice Party of Utah takes any stand on any specific issue. Rather, it is intended to present the principles and opinions that motivated the creation of the Personal Choice Party of Utah and the establishment of this Constitution. The Founders have honestly stated their personal opinions. Likewise, they honestly tolerate the multiple divergent personal opinions of others. The Personal Choice Party is founded with the notion that we are not through inventing the future. Therefore, as important as it is to learn from the past, it is equally important not to bind ourselves to the past in ways that might impede useful progress. Hopefully, the Personal Choice Party will remain useful, as our definitions of "Personal Choice" evolve.

Hopefully, members of the Personal Choice Party of Utah will cooperate when there is agreement and tolerate when there is disagreement. Hopefully, they will conclude that it is better to work to enhance one's own Personal Choices, than to work to limit the Personal Choices of others. Hopefully, they will conclude that until we are all working for everyone's harmless Personal Choices, no one's Personal Choices are secure.

The minimizing of group choices eliminates the need for Robert's Rules, bylaws, or any other system for making more than a bare minimum of group choices. The Founders of the Personal Choice Party desire and hope to demonstrate by example how limited a government can be and still be effective. Therefore, each individual member is responsible for making things happen as they choose to see them happen.

Constitution of the Personal Choice Party of Utah

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