PAUL C. WILLIAMS 35 BROAD STREET #C4 TOMS RIVER NJ 08753-6564 p.c.williams70@gmail.com Ph: 732.998.6707 Plaintiff, Pro Se PAUL C. WILLIAMS, SUPERIOR COURT OF NEW JERSEY LAW DIVISION - OCEAN COUNTY Plaintiff, DOCKET NO. vs. CIVIL ACTION OCEAN COUNTY DEMOCRATIC COMMITTEE, doing business as OCEAN COUNTY VERIFIED COMPLAINT DEMOCRATIC ORGANIZATION an REGULAR DEMOCRATIC ORGANIZATION OF JURY TRIAL DEMANDED OCEAN COUNTY, WYATT EARP, EMMA MAMMANO, JEFF HORN, LAURIE HURYK, OFFICE OF THE OCEAN COUNTY CLERK, SCOTT COLABELLA, in his official capacity, and including their agents, servants, employees, and successors, Defendants. Plait ££, Paul C. Williams, residing in Toms River, Ocean County, State of New Jersey, by way of this Verified Complaint against the Defendants, alleges the following: I. INTRODUCTION 1. This is an action involving election law and the integrity of the process for ing vacancies created among primary election candidates for municipal office. Plaintiff seeks to enjoin the Ocean County Clerk from placing the names of certain persons on the 2023 General Election ballot as theDemocratic nominees for municipal offices. It arises as there was vacancies created among Democratic nominees from the 2023 Primary Election for the Toms River Township office of the Mayor and an office of Council-At-Large and, through a sham process that Plaintiff contends was actually illegal, unreliable and fraudulent, the names of certain persons were certified and submitted to the Ocean County Clerk as being selected by the Ocean County Democratic Committee as the nominees to fill the vacancies. JURISDICTION AND VENUE The Court has original jurisdiction over this matter because the action seeks to vindicate rights protected by the laws and Constitution of the State of New Jersey. 3, Venue is proper in the Ocean County Vicinage, pursuant to R. 4:3-2(a), because Plaintiff is located in such county and events giving rise to the claims herein occurred within such county. III, PARTIES 4. Plaintiff, PAUL C. WILLIAMS (hereinafter referred to as “PLAINTIFE”), is at all times referred to herein a resident of the State of New Jersey, municipality of Toms River, a registered voter, and currently serving a second consecutive four-year term as a publicly elected member of the Ocean County Democratic Committee for District 1.5. Defendant, OCEAN COUNTY DEMOCRATIC COMMITTEE, is at all times referred to herein incorporated under the laws of the State of New Jersey, doing business as “OCEAN COUNTY DEMOCRATIC ORGANIZATION” and “REGULAR DEMOCRATIC ORGANIZATION OF OCEAN COUNTY” (hereinafter, collectively, referred to as “OCDO”), and also may exercise the rights for political parties in every respect and including nominating candidates for public office, subject to the provisions of N.J.S.A. 19:5-1 to -6, as the committee for the Democratic party within Ocean County. Defendant, WYATT EARP (hereinafter referred to as “EARP”), is at all times referred to herein the Chairman of the ‘ocpo. Defendant, EMMA MAMMANO (hereinafter referred to as “MAMMANO”), is at all times referred to herein the Vice Chairperson of the OcDo. 8. Defendant, JEFF HORN (hereinafter referred to as “HORN”), is at all times referred to herein the Chairperson of the Municipal Committee for Toms River of the OCDO. 9, Defendant, LAURIE HURYK (hereinafter referred to as “HURYK”), is at all times referred to herein the Vice Chairperson of the Municipal Committee for Toms River of the ocno. 10. Defendant, OFFICE OF THE OCEAN COUNTY CLERK, is at all times referred to herein the official office of the County Clerkin the County of Ocean. 11. Defendant, SCOTT COLABELLA (hereinafter referred to as “COLABELLA”), is at all times referred to herein the Clerk of Ocean County. IV. FACTUAL ALLEGATIONS 12. The OCDO is duly organized under and governed by New Jersey statutes, N.J.S.A. 19:5-1 to 19:5-6, and its bylaws, as the committee for the Democratic party within Ocean County having a place of business at 531 Burnt Tavern Road, Brick, NU 08724. 13. As the committee for the Democratic party within Ocean County, the OCDO may exercise the rights for political parties in every respect, subject to the statutory provisions within N.J.S.A, 19:5-1 to 19:5-6, and includes nominating candidates for public office. 14. Upon information and belief, the OCDO adopted bylaws on or about October 16, 2005. 15. Attached hereto at EXHIBIT A is a true and accurate copy of the OCDO bylaws and, in accordance with N.J.S.A. 19:5- 3.2, they also appear posted on the website of the Ocean County Board of Elections at: https: //www.co.ocean.nj.us//WebContentFiles//eb728393- afch-456e-bb73-49fa66d6a03c. pdf 16. According to the OCDO bylaws, “Roberts Rules of Ordershall apply” in any instance not covered by the bylaws. 17. Upon information and belief, the New Jersey Legislature amended the statutes governing political parties in 2009; creating certain provision within N.J.S.A. 19:5-3.2 which, in pertinent part, expressly mandated that [t]he members of the county committee of a political party shall adopt a constitution and bylaws, ensuring fundamental fairness and the rights of the members of the county committee in the governance of the county party.” (emphasis added) . 18. Upon information and belief, the OCDO has not adopted or amended a constitution and its bylaws so as to particularly ensure fundamental fairness and the rights of the members and as expressly required by the 2009 amendment to N.J.S.A. 19:5-3.2. 19. Upon information and belief and in accordance with the provisions of N.J.S.A. 19:5-3, members of the OCDO are, every four years and during the primary election for the general election, elected by voters from their respective municipality. 20. Upon information and belief and in accordance with the provisions of N.J.S.A. 19:5-3, the OCDO convene a reorganization meeting following the election of members of the OCDO and for the purpose of electing the OCDO officers that will consist of a Chairperson, Vice Chairperson, Corresponding Secretary, Recording Secretary, and Treasurer, to preside over and govern the OcDo.21. In June of 2018, Plaintiff was first elected by the voters within the municipality of Toms River, District 1, to be a member of the OCDO and, in June of 2022, was reelected 22. Upon information and belief and following the June 2022 primary election, a reorganization meeting of the elected members of the OCDO was convened on June 29, 2022 23. Upon information and belief and through the 2022 reorganization meeting, Defendant WYATT was reelected as Chairperson of the OCDO; having been first elected seventeen (17) years ago. 24. Upon information and belief and through the 2022 reorganization meeting, Defendant MAMMANO was elected Vice Chairperson. 25. Upon information and belief and in accordance with the provisions of N.J.S.A. 19:5-2, elected members of the OCDO are inherently also members of a municipal committee for the respective municipality and district that they are a resident of. 26. Upon information and belief and in accordance with the provisions of N.J.S.A. 19:5-2, the members of each municipal committee convene a reorganization meeting following the election of members of the OCDO and for the purpose of electing a Chairperson of such committee. 27. Upon information and belief and in accordance with theprovisions of N.J.S.A, 19:5-2, members of the municipal committee also have the power to adopt a constitution and bylaws for its proper government. 28. Upon information and belief, the municipal committee for the municipality of Toms River has not adopted a constitution and bylaws. 29. Upon information and belief and following the June 2022 election of the members of the OCDO, a reorganization meeting of the OCDO members of the municipal committee for the municipality of Toms River was convened on July 5, 2022. 30. Upon information and belief and through the July 5 2022 reorganization meeting, Defendant HORN, was elected Chairperson of the Toms River municipal committee of the OCDO 31, Upon information and belief and also through the July 5, 2022 reorganization meeting, Defendant HURYK was elected Vice Chairperson of the Toms River municipal committee of the OCDO 32. To date, the Toms River municipal committee of the ocno has not appeared to propose, much less than adopt, a constitution or bylaws for its proper government and particularly including what, if any, powers and duties of the Chairperson and Vice Chairperson of the Toms River municipal committee of the OCDO are. Likewise, the OCDO also has not. appeared to propose, much less than adopt, provisions in its bylaws for what, if any, powers and duties there may be for theChairperson and Vice Chairperson of any municipal committee of the OcDo. 33. In June of 2023, there was a primary election for, among others, the offices of the Toms River Township Mayor and three Council At Large seats. 34. Plaintiff was a Democratic candidate in the June 2023 primary election. 35. Following the June 2023 primary election, the Democratic nominees were John Furey, for Mayor, and Michele Williams, Rhetta Jackson Fair, and Kajal Lal for Council At Large. 36. Upon information and belief, HORN sent an email on June 29, 2023 and wherein he particularly advised that, as a result of Kajal Lal not being able to run for office, there is a vacancy among the Democratic primary election candidates for Council At Large, that it would be filled within the next month or so, and to ask friends and neighbors to consider running for office. 37. Upon information and belief, HORN sent an email on August 11, 2023 and particularly advised that, like Kajal Lal, John Furey resigned and there was now a vacancy among the Democratic primary election candidates for both Mayor and a Council At Large seat. 38. Through the August 11, 2023 email, HORN also advisedthat, to £ill the vacancies, there will be an election on August 18, 2023, such election will be “held by Zoom poll,” and that the rules for this election” are: For Voters: A Zoom Link will be mailed to every committee member, if you wish to participate, you must email tomsriverdemcommittee@gmail.com so we are able to send you the Zoom Link. When you log on during the voting period the questions will appear, please submit your name, and type your answers to the following questions. The voting will be open from 9am-7pm on the 18, For Candidates: If you wish to submit a video message to committee members on why you should be the right candidate to fill the vacancy, please send it to tomsriverdemcommittee@gmail.com There is no nominating period since the vote will let you write in whomever you want. A screenshot of the results will be submitted to your email inbox. Thank you, Jeff Horn Chair 39. On August 15, 2023, Plaintiff sent an email to sixty two (62), of the eighty-one (81), committee members whom he has the email address of, including EARP, HORN, and HURYK, and therein invited them to a meeting with regard to his continued interest in being a Democratic candidate for Toms River council and also included some of his concerns with regard for the process laid out by HORN for selecting a candidate. 40. Upon information and belief, HORN sent an email on August 16, 2023 and particularly advised that the “Zoom Vote” scheduled for August 18, 2023 has been postponed and will takeplace on another day before August 31, 2023 and including: The election will happen as follows: - Committee Members will receive a link - At 9am on the to be announced date I will start the meeting - I will leave the meeting on from 9 am till 7pm for committee members to vote - There will be 4 questions in the short answer format: 1. Full Name, 2. Email Address, 3. Council-At-Large, 4 Mayor - At 7pm I will end the poll and the results will be tabulated and sent out - The results with appear to be siloed between the 4 questions, I will see all answers for the questions, but grouped together by question, not by committeeperson Why do we ask these questions? 1. Full Name This question serves as someone checking into the polling station on election day and signing the poll book 2. Email Address An extra layer of security, and reflects confirming your home address at the polling station on election day to make sure you are at the right place 3. Council At-Large You can write whoever you want 4. Mayor You can write whoever you want 41. Upon information and belief, HORN sent an email on August 25, 2023 and particularly included the Zoom Link he previously referred to. 42. Upon information and belief, HORN sent an email on August 27, 2023 and, in an apparent effort to undermine Plaintiff’s efforts to be selected as the candidate to fill the vacancy, included therein that both he and HURYK, in their capacities as Chair and Vice Chair of the Toms River municipal committee, “are delighted and honored to whole-heartedly endorse 10two (2) outstanding candidates to serve as candidates in the 2023 general election” and set forth the names of Ben Giovine, for Mayor, and Ruby Franco, for Council. 43. On August 28, 2023, Plaintiff addressed and sent an email to, among other officers and members of the OCDO, Defendants EARP, MAMMANO, HORN, and HURYK, and therein expressed numerous concerns about the candidate vacancy selection process that HORN unilaterally dictated. 44. To date, Defendants have not responded to Plaintiff's concerns. 45. On August 29 ,2023 and being at approximately 9:05am, Plaintiff logged in to his Zoom.com account from his laptop computer, input the “Zoom Link” received from HORN, and was immediately presented with a pop-up window form on the computer screen. 46. The pop-up window included a sort of header that stated “TR Democrat Vacancy Poll” and also included four boxes to input answers to questions which consisted of “1. Choice For Mayor” 2. Choice For Council” “3. Favorite Color” and “Full Name.” 47, Plaintiff proceeded to fill in the boxes in the pop-up window, casting a vote for himself for both Mayor and Council At Large. 48. Upon completely the filling in of the boxes in the wapop-up window, Plaintiff clicked on a button appearing on the screen to “submit” his answers and then the pop-up window disappeared and allowing him to see that he is in what he understands to be a virtual room. 49, Upon information and belief, the processes Plaintiff was presented with to cast his vote was the same for each and every person who possessed the Zoom Link and used it. 50. Upon information and belief, Plaintiff knows and understands that a person’s presence in a Zoom virtual room is visible to any and every other person who is also in the virtual room, it is not and cannot be hidden, and that the name used when setting up a Zoom account and the name or image to be known as to others in the virtual room is also visible. For example, Plaintiff used his full name, “Paul C. Williams,” when he set up his Zoom account and his name appears on the bottom left-hand corner of a window that signifies his occupancy in the virtual room. As well, Plaintiff also used an image of himself and such image appears and fills the window that signifies his occupancy in the virtual room. 51. Plaintiff consistently remained in the virtual room, until the host of the Zoom meeting ended it at 6pm and he was able to observe each time anyone entered and left the room. 52. When Plaintiff first entered the virtual room, only one other person, appearing with the name of “Karen Uhrig” and 12known to Plaintiff as the host of the virtual room, was present and Plaintiff proceeded to document each of the names that appeared, left, and reappeared in the virtual room until it closed at 6pm. 53. Once in the virtual room, Plaintiff attempted to video record the screen, a mechanism he is familiar with as an option for a host of a Zoom virtual room but was notified that it was already being recorded by the host and that he was not being allowed. 54. While observing the virtual room throughout the entire time it was open, Plaintiff observed multiple occasions where many completely unidentified people, many using names such as “MacBook,” “iPad,” “iPad(2),” “vote democrat,” “JF iPhone,” “Vote Mayor Ben Giovine Council Ruby Franco,” and/or only a first name and other names, entered the room, left the room, and veentered the room; making it completely impossible to discern whether votes were being cast only by persons who were eligible to vote and that people were voting only once. 55. While observing the virtual room, Plaintiff noticed that one person who he personally knows is not even a resident of Toms River, much less than a committee member eligible to vote, had entered the virtual room and, thereby, had been able to cast votes for Mayor and Council. 56. Upon information and belief, the person Plaintiff 13personally knows is not even a resident of Toms River, much less a committee member eligible to vote, did actually cast a vote for Plaintiff for Mayor and “Anybody but Rhetta” for Council 57. Upon information and belief, Plaintiff is aware that other people who also are not committee members eligible to vote received the Zoom Link and where able to and actually did use it to cast a vote for Mayor and Council 58. Upon information and belief, Plaintiff is aware that multiple people used the Zoom Link to enter the virtual room from the same and different Zoom accounts, more than once, and cast more than one vote each. 59. Upon information and belief, anyone with the Zoom Link was able to enter the virtual room from the same and different Zoom accounts more than once and cast more than one vote each 60. Upon information and belief, there was no safeguards whatsoever to ensure the integrity and accuracy of the voting to select a candidate to fill the vacancies 61. Upon information and belief, there was no adequate and reasonable assurance that the votes were cast “by secret ballot in a location or manner that protects the anonymity” as expressly required by N.J.S.A, 19:13-20 62. Upon information and belief, N.J.S.A. 19:13-20a(4 requires that a majority of the persons eligible to vote at a meeting to select a candidate to fill the vacancies, such as 14those at issue here, “shall be required to be present for the conduct of any business” and, here, there was no such meeting and, in any event, a majority of the persons eligible to vote do not appear to have voted at any such meeting. 63. Upon information and belief, there are eighty-one (81) persons eligible to vote at a meeting to select a candidate to fill the vacancies. 64. Upon information and belief, there was no “meeting” to select a candidate to fill the vacancies at issue here and this is in contravention of N.J.S.A. 19:13-20a(4). 65. Upon information and belief, the purported selection that was conducted on August 29, 2023 was essentially nothing more than a mere polling place and there was no “meeting” as expressly required by N.J.S.A. 19:13-20. 66. Upon information and belief, not all committee members have email, know how to sign up for and utilize the Zoom application, and/or were comfortable voting by way of Zoom and, thus, these committee members were disenfranchised and denied fundamental fairness and their rights. 67. Upon information and belief, a majority of committee members eligible to vote were not present and did not vote. 68. Upon information and belief, HORN has not had any authority to dictate the process for selecting candidates to fill vacancies from the Democratic primary election, 1569. HORN’s unilateral decision to vote by way of Zoom was and is invalid and ultra vires. 70. Shortly after the virtual room was closed on August 29, 2023, HORN sent an email and therein claimed that the results of the vote where as follows: MAYOR Ben Giovine - 43 Paul Williams - 7 Council Ruby Franco ~ 33 Paul Williams - 7 71. Upon information and belief, the names of Ben Giovine and Ruby Franco appear to have been certified by Defendants EARP and/or HORN and submitted to Defendants, OFFICE OF THE OCEAN COUNTY CLERK and SCOTT COLABELLA, as being selected by the Ocean County Democratic Committee as the nominees to fill the vacancies. 72. Upon information and belief, the names certified by Defendants EARP and/or HORN and submitted to Defendants, OFFICE OF THE OCEAN COUNTY CLERK and SCOTT COLABELLA, as being selected by the Ocean County Democratic Committee as the nominees to fill the vacancies were not selected in accordance with the statutory law governing the selection process, was not reliable, was fraudulent, and threatens to jeopardize the ability to trust and rely on the electoral process. 16LEGAL CLAIMS (Declaratory Judgment) 73. Plaintiff hereby incorporates by reference all prior paragraphs as if fully set forth at length herein. 74, There is an actual case in controversy between Plaintifé and Defendants regarding whether Defendants can utilize a “Zoom Poll” for the selection of a candidate to fill a vacancy created among nominees from the 2023 Primary Election for municipal offices. 75. here is an actual case in controversy between Plaintiff and Defendants regarding whether a “Zoom Poll” constitutes the “meeting” expressly required N.J.S.A. 19:13-20. for the selection of candidate(s) to fill any vacancy created among nominees from a Primary Election for municipal office. 76. Use of a “Zoom Poll” was without any adequate and reliable safeguards to ensure the integrity, reliability, and accuracy of the vote(s) for the selection of candidates to fill vacancies created among nominees from the 2023 Primary Election for municipal offices. 77. Use of Zoom denied Plaintiff and other similarly situated members of fundamental fairness and rights as a member. 78. Use of a “Zoom Poll” threatens to jeopardize the integrity and public trust in the electoral process. 79. Defendant's actions have forced Plaintiff to initiate W7legal action to protect his associational rights as a member. 80. Plaintiff has demonstrated that this matter constitutes a justiciable controversy between adverse parties. 81. Plaintiff has a direct interest in this matter. 82. The facts are not future, contingent, or uncertain. 83. All interested parties have been joined in this action. WHEREFORE, Plaintiff demands judgment against Defendants as follow: (a) For a temporary restraining order restraining the Office of the Ocean County Clerk and the County Clerk from placing the names, Ben Giovine and Ruby Franco, on the 2023 General Election Ballot and, thereby maintaining the status quo until further order of the Court. (b) For a temporary restraining order enjoining and restraining Defendants, Office of the Ocean County Clerk and Scott Colabella, and all persons or organizations who are associated therewith from placing the names, Ben Giovine and Ruby Franco, on the 2023 General Election Ballot and, thereby maintaining the status quo until further order of the Court. (c) Finding and declaring that Defendants, OCDO, EARP, MAMMANO, HORN, and HURYK have acted in excess of their legitimate authority and in violation of state law and have pursued an ultra vires course of conduct. (4) Finding and declaring that Defendants must act pursuant to New Jersey state law. (e) For compensatory and punitive damages in an amount to be decided at trial. (£) For fees and costs, including reasonable attorneys’ fees; and (g) For such other and further relief as the Court may 18deem just and equitable Dated: September 8, 2022 4 1 C. Williams 35 Broad Street, #C4 Toms River NJ 08753-6564 732.998.6707 Plaintiff, Pro Se CERTIFICATION; R. 5-1 Plaintiff hereby certifies that there are no other proceedings or pending related cases arising from the same factual dispute described herein. The matter in controversy is not the subject of any other action pending in any other court or a pending arbitration proceeding is contemplated. Further, other than the parties set forth in this complaint, the undersigned knows of no other parties that should be made a part of this lawsuit. In addition, the undersigned recognizes the continuing obligation to file and serve on all parties and the court an amended certification if there is a change in the facts stated in this original certifiéation- Dated: September 8, 2022 7 = NARA . Williams 35 Broad Street, #C4 Toms River NJ 08753-6564 732.998.6707 Plaintiff, Pro Se VERFICATION OF COMPLAINT I, Paul C. Williams, being of full age and in lieu of oath, hereby say and certify as follows: 1. Iam fully familiar with the facts and circumstances alleged in the foregoing Verified Complaint. I have prepared and read the Verified Complaint and affirm, to the best of my personal knowledge and based on my personal knowledge and the documents attached to the certification filed with this Verified Complaint, the facts stated therein are true. 2. I certify that the foregoing statements made by me are true. I am aware that if any of the foregoing statements are 19willfully false, I am mine stain, Dated: September 8, 2022 20 fal C. Williams 35 Broad Street, #C4 Toms River NJ 08753-6564 132.998.6707 Plaintiff, Pro SeEXHIBIT AOCEAN COUNTY DEMOCRATIC ORGANIZATION BYLAWS ARTICLE | - NAME The name of this organization shall be the Ocean County Democratic Committee doing business as the Ocean County Democratic Organization hereinafter referred to as “Organization". ARTICLE Il - OBJECTIVES Section 1. The objectives of this Organization shall be to further the principles of the Democratic Party; to aid in the election of Democratic candidates; to assist in the promotion and development of good government whether national, state, county or municipal Section 2. In accordance with the principles of the Democratic Party of the State of New Jersey and of the United States, equal opportunity to participate in all activities carried on by the Democratic Party shall be given to all qualified persons without regard to race, religion, age, sex, economic status or any attribute irrelevant to the right of individual freedom. ARTICLE Ill - MUNICIPAL COMMITTEES, COUNTY COMMITTEE & MEMBERSHIP Section 1. Membership: Members of the Organization shall include: ‘A. Members of the County Committee duly elected at the primary for the general election pursuant to N.J.S.A. 19:5-3. B. The municipal chairpersons and vice chairpersons duly elected by each municipal committee pursuant to NJ.S.A. 19:5-2. C. Members of the Executive Board of the Organization. Section 2. Terms: The Terms of Office for all duly elected Municipal and County Committee members shall be four (4) years. ARTICLE IV - OFFICERS Section 1.-Terms: The Terms of Office of all Organization officers, municipal chairpersons, and vice chairperson shall run simultaneously with the terms of all County Committee members. Section 2. - Officers. ‘A. The elected officers of the Organization shall be the Chairperson, Vice Chairperson, Recording Secretary, Corresponding Secretary, and Treasurer. B. A Sergeant at Ams shall be appointed by the Chairperson at the time of the reorganization. C. Any registered Democratic voter in good standing and residing in Ocean County shall be eligible to hold any office. It is not required that an officer of the Ocean County Democratic Organization be an elected county committee person. The Chairperson and Vice Chairperson shall not be members of the same sex D. The Chairperson, Vice Chairperson, Secretaries and Treasurer shall be (Ocean County Democratic Organization Bylaws Last Amended March 23,2014 Page 1of6elected at the organizational meeting, to be held following the primary election in which County Committee members are elected, as provided by N.J.S.A. 19:5-3. Each office shall be voted upon individually in the same order as listed in paragraph (A) of this Section or, if unchallenged, by voice vote in accordance with Roberts Rules of Order. Section 3. - Vacancies. ‘A. A vacaney in the county committee caused by death, resignation, failure to elect or otherwise, shall be filled pursuant to N.J.S.A. 19:5-3. B. A vacancy in the office of Chairperson of the Organization shall be filled by the eligible voting members at a meeting to be called not later than forty-five (45) days from the date of the vacancy unless the organization meeting falls within the period of forty-five (45) days. The Vice Chairperson shall serve as Chairperson in the intervening period. C. Vacancies in any of the other offices may be filled by majority vote of the Executive Board, said vacancy to be filled until the next organizational meeting of the Organization ARTICLE V - ELECTION OF OFFICERS ‘Section 1.- Proxies. Proxy voting shall be permitted exclusively at meetings conceming a replacement of a candidate on the ballot. These proxies shall be counted toward establishing a quorum. ‘All proxies must be signed and dated by the member and the signature must be notarized. In the event of duplicate proxies, the proxy with the latest date will be honored. Section 2. - Nominations. Any person interested in being a candidate for any office of the Organization shall submit his/her name and voting address to Organization headquarters by 4:00 pm of the 20th day preceding the next primary election. Such notice shall be in writing. The name of such person shall be included in the notice of the annual meeting together with the office which he/she seeks. In the event that no nominations are made for an office by the required date, or all candidates for a given office withdraw prior to the vote, the chair shall establish altemate procedures for nominations for the unfilled office. Section 3. - Procedure, A Election Committee: 4. There shall be an Election Committee, chaired by the Parliamentarian who shall not be an officer of the Organization. The Election Committee shall, among its other duties, promulgate the rules governing the election of the officers of the Organization. 2. The Election Committee shall be responsible for the distribution and receipt of the ballots and for the tally, and shall report the results of the election to the Chairperson at the organizational meeting. B. Credentials: 1. It shall be the duty of the municipal Chairpersons to provide the (Ocean County Democratic Organization Bylaws Last Amended March 23, 2014 Page 20f6Organization with a list of names and addresses of all those individuals who, having been elected or otherwise having qualified as members of the Organization, are entitled to vote, prior to the Organizational meeting. 2. Any disputes as to the right to vote shall be resolved prior to the commencement of voting. C. Voting: 1. Ifthere is no contest for any office, the election shall be held by voice vote; 2. If there is a contest for any office, the election shall be held. The Parliamentarian shall permit each candidate to appoint two (2) challengers to assist in the counting of the votes; 3. A plurality is required for election of the Organization Chairperson, Vice Chairperson, Secretaries and Treasurer. ARTICLE VI - Executive Board ‘A. There shall be an Executive Board which shall consist of the elected officers, the New Jersey State Democratic Committee members and the Chairpersons of any committee established pursuant to these Bylaws. B. The Organization Chairperson shall serve as Chairperson of the Executive Board. C. Meetings of the Executive Board shall be held at the call of the Chairperson. There shall be at least two meetings per year, including meetings on or within 30 days of Primary and General Election Day. The Executive Board shall be permitted to meet via phone, conference call or any other electronic media. D. A quorum shall consist of a majority of the members of the Executive Board. E. Powers: 1, To review and approve the proposed budget, 2. To set the policy of the Organization. ARTICLE VII - Duties of Officers ‘Section 1. - Chairperson. The Chairperson shall: ‘A. Preside at all meetings of the County Committee, of the Executive Board and of any committees established pursuant to these Bylaws; B. Appoint the Chairperson and members of any committees established pursuant to the Bylaws; C. Serve as a member of all committees; D. Faithfully execute the decisions of the County Committee. E. Together with the Treasurer, approve all vouchers in payment of the disbursements of the County Organization; F. Except as otherwise stated in these Bylaws, have the authority to enter into and execute in the name of the Ocean County Democratic Organization, contracts or other instruments in the regular course of business; G. Have the authority to maintain an office and hire necessary personnel; H. Designate a banking institution with a branch located in Ocean County as ‘Ocean County Democratic Organization Bylaws [Last Amended March 23, 2014 Page 3 0f 6the depository of all moneys of the Ocean County Democratic Organization; \. Appoint a Parliamentarian as needed: J. Take whatever actions not specified herein that, in his discretion, may be necessary from time to time to further the purposes and objectives of the Organization as set forth in Article II of these Bylaws. Section 2. - Vice Chairperson. The Vice Chairperson shall perform such duties as the Chairperson shall assign. In the absence of the Chairperson, the Vice Chairperson shall: ‘A. Preside at meetings of the Organization and of the Executive Board; B. In the event of the death, resignation, disqualification or incapacity of the Chairperson to discharge the duties of the office, the Vice Chairperson shall become vested with the authority, privilege, powers and responsibility of the office of the Chair and shall perform such duties until an election is held Section 3. - Recording Secretary. The Recording Secretary shall: ‘A. Keep full and correct minutes of the proceedings of the Executive Board and of the Organization; B. Keep a complete roster of all members of the Organization; C. Maintain all files and documents of the Executive Board and of the Organization; D. At the expiration of the term of office, deliver all Organization property in his/her possession or control to party headquarters. Section 4. - Corresponding Secretary. The Corresponding Secretary shall A. Be responsible for the preparation and mailing of all notices ofall meetings of the Organization as provided in Article IX, Section 3, except that notices of the annual meeting shall be mailed no later than 4:00 p.m. the Friday after the primary election; B. Attend to all matters of correspondence as may be directed by the Chairperson; C. At the expiration of the term of office, deliver all Organization records in his/her possession or control to party headquarters Section 5. - Treasurer. The Treasurer shall ‘A. Receive and record all moneys, fees and contributions; B. Deposit in the name of the Ocean County Democratic Committee, all funds in his/her custody and in such bank as the Executive Board may designate; C. Keep full and complete accounts of all moneys received and dispersed; D. Issue all checks or otherwise make payments as approved by the Budget and Finance Committee and authorized by the Executive Board; E. Together with the Chairperson, approve all vouchers in payment of the disbursements of the Organization; F. Prepare and file such financial statements, including ELEC reports, as may be required by law; (Ocean County Democratic Organization Bylaws Last Amended March 23, 2014 Pope 4 0f6G. At the expiration of the term of office, deliver all Organization records in his/her possession or control to party headquarters. Section 6. - Sergeant at Arms. The Sergeant at Arms shall be responsible for maintaining order at all meetings. ARTICLE VIll - COMMITTEES Section 1. The Chairperson shall establish such committees as will further the purposes and objectives set forth by Article I! of these Bylaws. Section 2. The Chairperson shall appoint the chairpersons and membership of all committees. Section 3. Membership. Any registered Democratic voter in good standing and residing in Ocean County shall be eligible to serve on any committee. ARTICLE IX - MEETINGS Section 1. Organizational Meeting. The Organizational meeting of the County Committee shall be held after the primary election at which County Committee members are elected, on the date fixed by statute. Section 2. Special Meetings. Special meetings of the Organization shall be called by the Chairperson at any time, the same to be held at such time and place as may be designated in the call. Section 3. Notices: ‘A. Organizational Meeting. Written notice of the meeting setfing forth the place, date, hour and agenda shall be sent as soon as practical after the primary election but no later than the Friday immediately following such election. B. Regular Meetings. Written notice of a meeting called by the Chairperson shall be sent at least 10 days prior to the date of the meeting. C. Special Meetings. Written notice of a special meeting setting forth the purpose of the meeting shall be sent at least seven (7) days prior to the date of the meeting. The Executive Board may call an emergency meeting on shorter notice should circumstances warrant and at their discretion. Section 4.Quorum. Fifteen (18) percent of the total membership shall constitute a quorum for the transaction of business at all meetings, ARTICLE X - AMENDMENTS Section 1. The Organization shall amend the bylaws by an introduction meeting and voting meeting A. The introduction shall be performed either: (Ocean County Democratic Organization Bylaws Last Amended March 23,2014 Page 5 0f 61. By proposal of the Executive Board at a meeting of the Executive Board; or, 2, By written presentation of the text to the Secretary of the Board at a meeting of the Organization, by 25% (twenty-five percent) of the members of the Organization representing no fewer than 27 (twenty-seven) municipalities. B, Following the introduction: 1. The Organization shall schedule a meeting at which the proposed amendment will be discussed and voted upon; and, 2. The notice of the voting meeting shall be sent by mail at least 10 days prior to the voting meeting and shall contain the text of amendment. C. An amendment shall be adopted if approved by two-thirds of voting members present at the meeting where the amendment is being voted upon. If the amendment passes, it shall become effective immediately unless otherwise stated in the amendment. ARTICLE XI - MISCELLANEOUS Section 1. All meetings shall be conducted in accordance with the provisions of these Bylaws. In any instance not provided in these Bylaws, Roberts Rules of Order shall apply. ARTICLE XII - ADOPTION OF BYLAWS. These Bylaws shall become effective on the date of adoption and shall supersede all previous Bylaws of the Organization. ‘Adopted and effective October 16, 2005 ‘Amended Apri 7, 2010 ‘Amended January 26, 2013 ‘Amended August 4, 2013, ‘Amended March 23, 2014 Ocean County Democratic Organization Bylaws Last Amended March 25, 2014 Page 6 of 6