8/9/2019 Memo Re Party Loyalty Oath and NPA Candidates

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MEMORANDUM

TO: Ronnie Whitaker

Executive Director, Republican Party of Florida

FROM: Jason Gonzalez

General Counsel, Republican Party of Florida

DATE: April 19, 2010

RE: Party Loyalty Oath Candidates Running with No Party Affiliation

At your request, I have prepared the following memorandum involving the interpretationof Republican Party of Florida Rule 9 (Party Loyalty Oath). You specifically asked me to

determine whether the Party Loyalty Oath would allow state and county executive committee

members to support a registered Republican running with no party affiliation in a generalelection over the candidate nominated in the Republican primary election. As described below,

my conclusion is that the Party Loyalty Oath forbids Republican Executive Committee members

from supporting any candidate other than the candidate nominated by the voters of the

Republican Party through its primary election.

The Republican Party of Florida requires members of all political party committees

organized under the RPOF to abide by a Party Loyalty Oath. The loyalty oath is contained inRule 9 of the RPOF Rules of Procedure. The Rule provides, in relevant part, that

Members of all political party committees, and the NationalCommitteeman and Committeewoman, shall before taking office,

establish by written oath or affirmation that during their term of

office they will not actively, publicly, or financially support the

election of any candidate other than the Republican candidate in apartisan unitary, general or special election, or a Registered

Republican in non-partisan elections, other than Judicial racesgoverned under Florida Statute 105, if there is a registeredRepublican running for the same office, unless the county

executive committee has taken an affirmative vote to endorse one

Republican over another per Rule 8(B). The written oath oraffirmation will also state that they will not engage in activities or

conduct deemed by the Grievance Committee and affirmed by the

8/9/2019 Memo Re Party Loyalty Oath and NPA Candidates

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RPOF Chairman as likely to injure the name of the Republican

Party or interfere with the activities of the Republican Party.

At the heart of the Party Loyalty Oath is the requirement that members of the Republican

Party of Floridas Executive Committees from precinct committeemen and committeewomen

in each county all the way up to the national committeeman and committeewoman cannotprovide their active, public, or financial support to any candidate other than the Republican

candidate in a general election. The requirement of party loyalty is appropriate given theleadership roles within the party performed by executive committee members.

RPOF Rule 9 contains a few limited exceptions to its general requirement that memberssupport the Republican candidate. For non-partisan races, in which no partisan primary is

held and in which the party affiliation of the candidates does not appear on the ballot, the loyalty

oath requires executive committee members to refrain from supporting any candidate other than

a registered Republican (if there is a registered Republican running for the office). Because judicial races are specifically exempted from the loyalty oath, executive committee members

may support judicial candidates of their choosing without regard to political party affiliation.

The final requirement of Rule 9 relates to Republican primary elections. In a contested

primary, Rule 9 prohibits executive committee members (in their official capacities) from

supporting one Republican candidate over another unless the county executive committee hasformally voted to endorse that candidate under RPOF Rule 8(B).

In sum, Republican Party of Florida Rule 9 prohibits any member of the Republican State

Executive Committee or of any County Executive Committee from actively, publicly, orfinancially supporting a candidate running with no party affiliation over the Republican

candidate chosen in the primary election. Any member who fails to formally revoke his or her

public support and request the return of any contributions made to a candidate running againstthe candidate of the Republican Party would be in violation of the RPOF Rules and would be

subject to removal from party office and membership on Republican executive committees.

Please do not hesitate to call should you have any questions.