why automatic delegates are illegal in the conventions of the utah republican party
DESCRIPTION
An explanation of the rules that govern the Utah Republican Party's Caucus and Convention system.TRANSCRIPT
WHY THERE SHOULD BE NO AUTOMATIC DELEGATES IN IN ANY OF UTAH’S REPUBLICAN CONVENTIONS
THIS YEAR.Based on a presentation given to Dave Hansen, Chairman of the
Utah Republican Party, 2009-2011
Presented by an ad hoc committee consisting of
Mike Ridgway, Nancy Lord, Mike Taylor, Ben Smith, John Potter, Tracy Shaw, and Lowell Nelson.
Our GoalGrassroots control of our conventions, and especially of the outcomes of our convention elections.
Our PremiseIt is the duty of our state and county party
officers to see to it that grassroots control of our conventions and other assemblies is maintained at all costs.
Our ComplaintGrassroots control of the outcomes of our
conventions has been quashed by intentional credentialing irregularities which have been perpetrated by leaders of the Utah Republican Party and the county Republican Parties.
When we say irregularities, we mean violations of either one or more rules which govern the matter of eligibility to be a delegate.
When we say “leaders,” we mean the chairs of the Utah Republican Party, and more especially, the chairs of the county Republican Parties in Utah.
Our ComplaintThese violations of the party’s rules and/or
of state law have been carried out by state and county Republican Party chairs for at least 30 consecutive years, though no one knows exactly when the cheating began. It may have been much earlier than 30 years ago.
Our Reason for Meeting with Chairman Hansen
Our purpose in meeting with Utah Republican Party Chair, David Hansen, was, first, to enlighten him about the rules that have been violated, and second, to request that he bring the state party into compliance with those rules, i.e., that he personally act to stop the illicit insertion of delegates into the state Republican Party’s conventions.
Not surprisingly, he declined our request.
Getting to the Goal of Grassroots Control
… would be a simple matter. The Republican Party is meant to be a party of rules, rules which are all about fair process, level playing fields, and -- did we mention? – grassroots control…
… not rules which are intended to protect Republicans who act out of self-interest and against the public interest -- seeking power for the sake of power.
Our PremiseGrassroots control of a political party is always to
be preferred over ruling class control of a political party.
If you don’t agree with this premise, then the rest of this presentation isn’t going to move you.
But if you do agree with this premise, then the next step is to come to the realization that the grassroots do not currently have full or even majority control of the Utah Republican Party.
The question, then, is “What would be required to change that?”
These things are needfulAn understanding of the rulesA commitment to complianceActual enforcementAccountability for rules breakers
The chair must understand the rules
For the conventions to be fair this and every year, the chair must understand the rules and he/she must see to it that all staff members and volunteers who act under his/her direction also understand all the rules that pertain to their functions in the party’s caucuses and conventions.
The Chair must be committed to following the rules
For the conventions to be fair this and every year, the chair must be committed to seeing to it that the officers and staff of the state party obey all pertinent party rules, even if that means breaking with past bad precedents set by previous chairs and/or party staffers.
The Chair must enforce the Rules
For the Republican State Convention and the 29 Republican County Conventions to be fair this and every year, the chair must be committed to enforcing the rules – proactively insisting that party operatives at all levels, from the party office, down to the precinct caucuses, follow the rules and maintain a level playing field for all.
SO RULES ARE IMPORTANT AND
IT’S REALLY IMPORTANT TO FOLLOW THEM.
WE’RE COMMITTED TO THIS PRINCIPLE, CHAIRMAN HANSEN.
ARE YOU?
WE ASK BECAUSE YOUR PREDECESSORS HAVE AN ABYSMAL RECORD WHEN
IT COMES TO RULES COMPLIANCE.
FOR INSTANCE…
Example 1: Party Lists.In the seven years since the state convention adopted a provision requiring that delegate and other lists and be made available to the public, not one of your predecessors has every properly complied with said rule.
Will you be the exception?Specific Number 1: Is the chair committed
to making lists available to any member of the public, without exceptions, as required by the Constitution and to ensuring that all county parties do the same?“the following listings shall be made
available to the public by the state party and each county party …” URP Constitution, Article XII.1.E.1.
Again, will you be the exception?
Specific Number 2: Is the chair committed to including in all delegate lists, the basis of eligibility of each delegate, as required by the State Party Constitution, and to ensuring that all county parties do the same?
“All delegate listings shall include, at a minimum, the name, precinct, Utah House district, Utah Senate district, Congressional district, address, phone number, and basis of eligibility of each delegate (e.g., election in the precinct caucus, election after the caucuses to fill an unfilled seat, or appointment to fill a vacancy occurring after the caucuses).” URP Constitution, Article XII.1.E.4.
Utah County’s GOP has a problem complying with this one.
Specific Number 3: Is the chair committed to ensuring that all county parties make delegate and other lists available at no charge?
“5. The state party and/or county parties may charge up to, but not more than, the direct cost of the medium by which a listing is made available to the person(s) so requesting, provided that any listing made available by electronic mail or on the Internet shall be made available at no charge.” URP Constitution, Article XII.1.E.4.
We ask, Dave, because…In the seven years since that provision
became part of the Utah Republican Party’s Constitution, the state party chairs before you, and many, many officers in the county parties in Utah have vigorously resisted following those rules, especially the provision requiring the delegate lists to clearly indicate how each delegate became a delegate – the basis of eligibility.
You see, we’re extremely suspicious…
… that your predecessors have understood very well that clearly identifying which delegates in the party are “automatic delegates” would not be a smart thing to do, since critics of the practice, like us, would have a very easy time both
a) Quantifying the exact percentage of automatic delegates in any given convention, and
b) Challenging the credentials of automatic delegates that we can prove are illegal under the rules.
And we raise that point because
… well, it underscores our contention that proper compliance with rules hasn’t been a high priority in the Utah Republican Party for a very long time. In fact, our research shows that massive cheating in the credentialing of delegates and in denying lists to candidates and activists has been going on, not just for many years, but for many decades.
WELL NOW YOU HAVE SOME BACKGROUND.
NOW LET’S GET TO THE HEART OF THE MATTER.
AUTOMATIC DELEGATES
A review of the rules that answer the question:
Are Automatic Delegates Legal?
Oops! Sorry. One more teaser.
Because we can’t really talk about the rules until we understand how the rules that we are going to review must be interpreted. So let’s deal with that.
And then we’ll talk about automatic delegates.
Point 2: The proper function of rules is to secure the rights of all
individuals – and especially to protect the ruled from their rulers.This is true in the realm of government. Imagine
what our country would be like if we had no “Bill of Rights” in the US Constitution, and if we had no judiciary for protecting and enforcing those rights which are guaranteed by the US Constitution.
Point 2: The proper function of the law in a Constitutional Republic is to secure and protect the rights of all citizens – to
guarantee liberty and justice for all.
As Joseph Smith and Oliver Cowdery, two founders of the LDS Church, wrote in 1835:
We believe that no government can exist in peace, except such laws are framed and held inviolate as will secure to each individual the free exercise of conscience, the right and control of property, and the protection of life.
We believe that all governments necessarily require civil officers and magistrates to enforce the laws of the same; and that such as will administer the law in equity and justice should be sought for and upheld by the voice of the people….
Point 3: The purpose of rules in a political party
… should be to guarantee that said party doesn’t devolve into a political machine, ruled despotically by party bosses who serve their self-interests rather than the public interest.
This principle is explicitly stated in the Preamble of the Rules of the National
Republican Party, the highest order document in the hierarchy of Republican party rules.
From the Preamble of the Rules of the National Republican Party, adopted decades ago in convention
by Republican “national delegates” from all across America.
PREAMBLEBE IT RESOLVED, That the Republican Party is the
party of the open door. Ours is the party of liberty, the party of equality, of opportunity for all, and favoritism for none.
It is the intent and purpose of these rules to encourage and allow the broadest possible participation of all voters in Republican Party activities at all levels and to assure that the Republican Party is open and accessible to all Americans.
Point 2: Just as the laws in the United States are hierarchical, the rules of
the Republican Party are also hierarchical.
Henry Roberts said it pretty well:Where there is no law, but every man does
what is right in his own eyes, there is the least of real liberty.
You don’t have to have a masters in political science or a Ph.D. in history to know that that’s true.
Just consider the horrors of the dozens of despotic regimes in the world in the last two centuries where “citizens” have been denied basic rights by dictators whose word “is law.”
Point 2: Just as the laws in the United States are hierarchical, the rules of
the Republican Party are also hierarchical.
The Rules of the Republican Party have a highest to lowest order of precedence.
The highest order rules are those adopted at the national level by the Republican National Convention.
Below the National Rules are the rules of the 50 state Republican Parties, including the Utah Republican Party.
Below the Rules of Utah Republican Party are the rules of Utah’s 29 County Republican Parties.
The National Rules Have Two Primary Functions
1) To govern the actions of the Republican National Committee, the primary governing body of the National Republican Party, and
2) To define the procedures that govern the quadrennial Republican National Convention, and especially the procedures by which the Republican Presidential and Vice Presidential nominees are chosen, as well as the procedures by which the state and county delegates who will choose each state party’s national delegates are chosen.
The Rules Set of the National Republican Party Is Comprised
of two Components1) The Rules of the National Republican Party,
most recently amended by the delegates at the Republican National Convention in September of 2008, visible here: http://www.gop.com/images/legal/2008_RULES_Adopted.pdf, and
2) Roberts’ Rules of Order, Newly Revised, 10th Edition, available in book form, or on CD, at book retailers everywhere.
The National Rules specifically append Roberts’ Rules to the National Rules
The National Rules also make clear that there is an order of precedence
that applies to those two sets of rules.
RULE NO. 7 (Rules of Order) states:The current authorized edition of Robert's Rules of
Order: Newly Revised (“Robert’s Rules of Order”) shall govern in all meetings of the Republican National Committee and its committees insofar as they are applicable and consistent with these rules.
The Supremacy Clause
The clause “insofar as they are applicable and consistent with these rules,” establishes the supremacy of the National Party Rules over Robert’s Rules.
This means that in the operations of the National Republican Party or its meetings and conventions, any passages in Robert’s that conflict with the National Rules are null and void, and are not binding on the party.
This principle could not have been stated more explicitly.
The highest order document in an organization will typically stipulate the inclusion of other rules or authorities in the overall rule set for the organizationFor Example, RULE NO. 7 of the national rules
states:Rules of Order(a) The current authorized edition of Robert's Rules
of Order: Newly Revised (“Robert’s Rules of Order”) shall govern in all meetings of the Republican National Committee and its committees insofar as they are applicable and consistent with these rules.
The highest order document in an organization will typically stipulate the inclusion of other rules or authorities in the overall rule set for the organizationThe clause “insofar as they are applicable and
consistent with these rules,” establishes an order of precedence.
And those National Rules were meant to be followedIn fact, the National Rules provide for a host of
specific penalties when state parties violate those rules.
For Example
In 2008, RNC Chair Mike Duncan saw to it that state parties who violated the provision that keep state parties from scheduling their presidential primaries before the first Tuesday in February were punished for those willful violations of the rules.
Failure to have done so could have had catastrophic effects, with state parties moving their primaries ever earlier and earlier to try to give themselves an advantage over other states, all to the detriment of the candidates, and to the process.
An exception that should be the rule
Chairman Duncan’s announcement to the officers and RNC members of the 50 state parties that he intended to ensure compliance with the rules and that he intended to penalize any state parties that violated the rules was an exceptional occurrence. It surprised many since no chairman before Mike Duncan had, in anyone’s recollection, sought to impose the penalties provided for in the rules for those state parties who choose to break the rules.
An exception that should be the rule
For then Utah Republican National Committeewoman, Nancy Lord, it was a refreshing and positive step forward, because it put some brakes on the slippery slope of cheating that had become general among the states in previous presidential election years.
Chairman Hansen, you have an opportunity to be just as exceptional as was Chairman Duncan. You too, can choose to do what no Utah Republican Party chair in recent history has done. You too can choose to follow and enforce the rules – by punishing those who cheat and taking away from the cheaters delegate seats they have misappropriated to themselves.
Robert’s Rules of Order is the Parliamentary Authority for the
Utah Republican Party
And amazingly, in a section that deals specifically with how an organizations constitution, bylaws, etc., are to be interpreted, we find the following declaration:
“If certain things of a certain class are allowed then all other things of the same class are thereby prohibited.”
Robert’s Rules of Order, Newly Revised, 10th Edition, p. 571.
Rules in the Utah Republican Party
And amazingly, in a section that deals specifically with how an organizations constitution, bylaws, etc., are to be interpreted, we find the following declaration:
“If certain things of a certain class are allowed then all other things of the same class are thereby prohibited.”
Robert’s Rules of Order, Newly Revised, 10th Edition, p. 571.
The Romans had a phrase for that.
Expressio unius est exclusio alteres.Translated, that means: The expression of
one thing excludes (or prohibits) all other similar things.
That might sound complicated, but it’s not really.
Expressio unius est exclusio alteres
Question: If the bylaws state that red caps or blue caps may be worn by members of the organization during its annual softball fundraiser, are black caps allowed?
Answer: No.
Pop Quiz The bylaws of a particular organization
define four officers: Chair Vice chair Secretary, and Treasurer.
Would it be permissible for said organization to elect a Sergeant at Arms as a fifth officer?
Answer: NoRobert’s states:
“If the bylaws authorize certain things specifically, other things of the same class are thereby prohibited. There is a presumption that nothing has been placed in the bylaws without some reason for it. There can be no valid reason for authorizing certain things to be done that can clearly be done without the authorization of the bylaws, unless the intent is to specify the things of the same class that may be done, all others being prohibited. Thus, where Article IV, Section I of the Sample Bylaws lists certain officers, the election of other officers not named, such as a sergeant-at-arms, is prohibited.” Robert’s Rules of Order, Newly Revised, 10th Edition, p. 71.
Pop QuizScenario: The Constitution of the Utah
Republican Party defines a method for apportioning elected state central committee representatives to the counties. The only allowed destination for those reps is the county parties in Utah.
Question: Under that formula, what is the greatest number of seats that the state party chair can deduct from the total pool of 100 seats for distribution to the party’s biggest financial donors?
Quiz QuestionScenario: The Preamble of the State Party
Constitution states:“This Constitution, the Party Bylaws, and Robert’s Rules of Order Current Edition are the exclusive governing rules of the Utah Republican Party.”
Are “special rules of order,” then, allowed in the Utah Republican Party?
How about “standing rules?”
Answer: NoWhy not?Because ”If the bylaws authorize certain things specifically, other
things of the same class are thereby prohibited.” Robert’s Rules of Order, Newly Revised, 10th Edition, p. 71.
The Constitution, the Bylaws, and Robert’s Rules of Order, are all things of the same class – they are all instances of the class “rules documents.”
Since the Constitution, the Bylaws, and Robert’s Rules are specifically allowed for, (enumerated), then any other kind of “rules documents” are prohibited, (precluded).
Consequently, Standing Rules, and Special Rules of Order are prohibited in the Utah Republican Party (though this doesn’t carry down to the county parties, which are free to adopt special rules of order and standing rules as long as their bylaws do not prohibit them as above.)
Quiz QuestionThe National Rules of the Republican Party
state that delegates can be apportioned on the basis of 1) Population, or 2) Republican Voting Strength.
Would it be legal or illegal to apportion delegates based on the amount of money each county party contributed to the state party?
How about based on the number of registered Republicans residing in each county?
Answer to Question 1: IllegalAnswer to Question 2: Illegal
Why?
Pop QuizThe State Party Constitution states:
“The state party and/or county parties may charge up to, but not more than, the direct cost of the medium by which a listing is made available to the person(s) so requesting, provided that any listing made available by electronic mail or on the Internet shall be made available at no charge.”
What is the most that the Utah County Republican Party can charge a candidate for an emailed list of county party delegates?
Answer: ZeroWhy?
Pop QuizThe State Party Constitution states:
“If an elected delegate dies, resigns, or is disqualified prior to the convention, the County Party precinct chair shall appoint a replacement from the precinct of the deceased, resigned, or disqualified delegate.”
Can a leg chair or a county party chair appoint a replacement delegate when a precinct’s delegate seat becomes vacated?
Answer: NoWhy?
Eligibility to Become a State Delegate(Method 1 of 3)
An individual may become a state delegate by being elected at his/her precinct caucus. (See Article XII, Section 1.)
Eligibility to Become a State Delegate(Method 2 of 3)
An individual may become a state delegate by being elected at his/her county convention to fill a seat not filled in a precinct caucus. (See URP Constitution, Article XII, Section 1.)
Eligibility to Become a State Delegate(Method 3 of 3)
An individual may become a state or county delegate by being appointed by his/her precinct chair to fill a vacancy being elected at his/her precinct caucus. (See URP Constitution, Article XII, Section 1.)
True or False?The State Party Constitution defines no
other mechanisms for becoming a state delegate than those just cited.
Check for yourself: The Utah Republican Party Constitution
QuizIf, or since, the State Party Constitution
defines no other mechanisms for becoming a state delegate than those just cited…
Are automatic delegates, delegates who are chosen by virtue of being party leaders or elected officials,
A) Allowed, orB) Prohibitedin the Utah Republican Party?
AnswerAutomatic Delegates are indisputably
Prohibited in the Utah Republican Party.
AvailableNowhere in the State Party Constitution or
Bylaws is any allowance stated granting the authority to the county parties to create other avenues for becoming a county or state delegate.
True, orFalse?
AvailableWhen the Bylaws provide for certain things
specifically, all other things of the same class are thereby prohibited.
AgreeDisagree
Statutory InterpretationPlain Meaning When writing statutes, the legislature intends to use ordinary
English words in their ordinary senses. The United States Supreme Court discussed the plain meaning rule in Caminetti v. United States, 242 U.S. 470 (1917), reasoning “[i]t is elementary that the meaning of a statute must, in the first instance, be sought in the language in which the act is framed, and if that is plain… the sole function of the courts is to enforce it according to its terms.” And if a statute’s language is plain and clear, the Court further warned that “the duty of interpretation does not arise, and the rules which are to aid doubtful meanings need no discussion.”
AgreeDisagree
Standing Rule Number 1 states that automatic delegates are allowable so long as those automatic delegates are either elected or ratified at the county convention.
Agree Disagree
Standing Rule Number 1 states that automatic delegates are allowable so long as those automatic delegates are either elected or ratified at the county convention.
Agree Disagree
Article XII contains its own interpretation clause:
Section 9. Interpretative [sic] Principles A. In the case of ambiguity, Article XII
shall be interpreted to be consistent with the provision of the Utah Code as of January 1, 1994.
Since Article XII deals with the caucus convention procedures, this provision states that the UTGOP’s caucus and convention procedures are meant to be consistent with Utah law as it existed as of 1994.
In societies that have both, which of the following is the higher order document?
A) A Standing Rule B) The Constitution
POP QUIZ: In cases of ambiguity regarding Article XII of the State Party Constitution …
Article XII Section 9 states that we are to refer to
A) Standing Rule Number 1? B) Utah Election Law as it existed on
January 1, 1994.
Which of the following is higher in the hierarchy of our rules?
A) Standing Rule Number 1, which presumes to answer the question of whether automatic delegates are legal under the rules of the Utah Republican Party.
B) Article XII, Section 9, which states that in cases of ambiguity regarding the meaning of any provision in Article XII, we are to refer Utah Election Law as it existed on January 1, 1994.
True or False The Utah Republican Party is answerable
to the mandates found in the rules of the National Republican Party.
A) True B) False
We Believe the Answer is True The Utah Republican Party is answerable to the
mandates found in the rules of the National Republican Party.
For a Republican State Party Officer, especially the chair, to take an alternate position, That we don’t have to follow the rules, Or that the only rules we have to follow are those with
prescribed penalties for non-compliance, Or that we don’t have to follow rules where it would be
nearly impossible for the party to be penalized for non-compliance,
would be egregiously unethical, and indicative of an attitude of contempt for the rules that he or she is under obligation to observe.
When One Understands These Principles …
We believe it is impossible to misconstrue the clear and plain meaning of the National Rules and of the State Rules with regard to questions having to do with the election and selection of delegates, questions having to do with eligibility to serve as a delegate, and questions having to do with the proper allocation of delegate seats, either from the state party to the county parties, or from the county parties to the precincts.
Our Question to You Today Will you faithfully execute your duties as
state party chair… To become fully acquainted with all mandates
to which you and the state party are subject, To fully comply with all such mandates, And to insist that all hired staff, all state party
officers, and all officers of the 29 Republican county parties comply full with all such mandates?
Our Will You Break Those Rules As your predecessors have for more than
a decade now?
WE’RE COMMITTED TO SEEING TO IT THAT THE OFFICERS OF THE UTAH
REPUBLICAN PARTY COMPLY FULLY WITH THE RULES.
ARE YOU?