Green Party of the United States - National Committee Voting

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Proposal Details

Proposal ID	954
Proposal	Minimum Age for Steering Committee Members
Presenter	Steering Committee
Floor Manager	Margaret Flowers
Phase	Closed - Failed
Discussion	04-22-2019 - 05-05-2019
Voting	05-06-2019 - 05-12-2019
Presens Quorum	Two Thirds of Active Accredited States/Caucuses
Consens Quorum	Two Thirds of Yes and No Votes

Background

NOTE: Quorum is 32 states/caucuses at this time.

This proposal amends the Bylaws and sets the minimum age for a National Committee delegate or alternate to be eligible for nomination and election to the GPUS Steering Committee.

The proposal comes in response to recent news that a minor has been elected to represent a state party on the National Committee. Keeping in mind the fiduciary responsibility of Steering Committee members and the legal responsibility therein, and given the fact that minors have limited ability to enter into or sign contracts under general contract law principles, it becomes necessary to clarify a minimum age of delegates who may potentially be elected to the Steering Committee.

Proposal

Amend Article IV, Section 4-3.2, which currently reads, “To be eligible to be elected Co-chair, one must be a current or past delegate, or CURRENT alternate of the National Committee at the time of nomination and election. All Co-chairs must be subscribed to the National Committee Votes List while serving on the Steering Committee”

To read:

To be eligible to be elected Co-chair, one must be a current or past delegate, or CURRENT alternate of the National Committee at the time of nomination and election and shall be at least 18 years of age. All Co-chairs must be subscribed to the National Committee Votes List while serving on the Steering Committee.

Amend Article IV, Section 4-3.3, which currently reads, "To be eligible to be elected Secretary or Treasurer, one must be a member of a member state party, but one does not have to be a member of the National Committee. However if elected, the Secretary and Treasurer must be subscribed to the National Committee Votes List while serving on the Steering Committee.

To read:

To be eligible to be elected Secretary or Treasurer, one shall be at least 18 years of age and must be a member of a member state party, but one does not have to be a member of the National Committee. However if elected, the Secretary and Treasurer must be subscribed to the National Committee Votes List while serving on the Steering Committee.

Resources

IMPLEMENTATION/TIMELINE/RESOURCES: Retroactively effective immediately upon passage.

CONTACT: Andrea Mérida Cuéllar, andreamerida@gmail.com, (303) 550-0677

References

Per Nonprofit Law Blog:

A youth board member would have many of the same legal rights as the other board members such as full voting rights as a director and access to corporate records of the nonprofit. However, a youth board member’s authority and obligations are likely limited in other ways. For example, youth board members would generally not have signing authority because minors have limited ability to enter into or sign contracts under general contract law principles. Additionally, while the law articulates that board members have fiduciary duties and a youth board member should strive to carry out his or her position according to such standards of care and loyalty, these may not be legally enforceable duties against a youth board member. As Allen noted in her article, as of 2002, there has not been extensive examination of the limitations on minors under contract law and common law nor case law research on suits brought against boards with youth board members. Notwithstanding whether a youth board member could be legally accountable for his or her observance of a director’s fiduciary duties, some also believe a plaintiff would likely be dissuaded from including a youth board member in a lawsuit for breach of such duties in all but the most egregious circumstances because of the potential backlash.

See also, “Capacity.”

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