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Rules of the Presidential Nominating Convention
of the Green Party of the United States
Article I. Rules Of The Presidential
Nominating Convention - (approved November
18th, 2007)
Section 1-1 Name,
Findings, Intention, Scope and Powers
Section 1-2 Convention
of Delegates
Section 1-3 Delegate
Apportionment
Section 1-4 Credentialing
of Delegates
Section 1-5 Voting
and Floor Rules
Article II. Convention Of
Delegates - (approved November
18th, 2007)
Section 2-1 Delegations
per State, District or Territory
Section 2-2 States
With An Accredited Green Party
Section 2-3 States
With A Green Party, Not Accredited With the Green Party of the
United States
Section 2-4 States
With More Than One Green Party
Section 2-5 States
Without A Green Party
Section 2-6 Diversity
and Representation in Delegations
Section 2-7 Delegation
Plans for Selection and Instruction of Delegates
Section 2-8 Reporting
the Results of the Delegate Selection Process
Section 2-9 Compliance
With These Rules
Article III. Apportionment Of Delegates (vacant)
Article IV. Credentialing of Delegates - (approved June
2nd, 2008)
Section 4-1 Delegate
Credentials Process
Section 4-2 Delegate
Credential Applications - Content of Submission
Section 4-3 Delegate
Credential Applications - Timing and Receipt of Submission
Section 4-4 Delegate
Credential Applications - Process for Consideration of Late Filings
Section 4-5 Delegate
Credential Applications - Preliminary Findings of the Credentials
Committee
Section 4-6 Preliminary
Credentialing of Delegates
Section 4-7 Initiating
Challenges to Preliminary Findings and/or Preliminary Credentialing
Section 4-8 Filing
Challenges to Preliminary Findings and/or Preliminary Credentialing
Section 4-9 Consideration
of Challenges to Preliminary Findings and/or Preliminary Credentialing
Section 4-10 Appointment
of Challenge Hearing Panel
Section 4-11 Challenge
Hearing Process On-Line Before the Convention
Section 4-12 Challenge
Hearing Process At the Convention
Section 4-13 Recommendation
of the Challenge Hearing Panel
Section 4-14 Ruling
of Credentials Committee on Challenges
Section 4-15 Credentials
Committee Operations at the Convention
Section 4-16 Adoption
of Credentials Report
Article V. Floor Rules - (approved July
8th, 2009, amended July 11th, 2008)
Section 5-1 Title,
Scope and Intention
Section 5-2 Honorary
Co-Chairs
Section 5-3 Election
Administrator
Section 5-4 State
Delegation Reporters
Section 5-5 Enforcement
of State Instructions Shall be a State Matter
Section 5-6 Decision-Making
by the Convention
Section 5-7 Approval
of Credentials Committee Report
Section 5-8 Approval
of Platform
Section 5-9 Presidential
Candidate Speeches
Section 5-10 Nominating
a Presidential Candidate
Section 5-11 Nominating
a Vice Presidential Candidate
Section 5-12 Appeals
from a Decision of a Presiding Officer
Section 5-13 Adjournment
of the Convention
ARTICLE
I. RULES OF THE PRESIDENTIAL NOMINATING CONVENTION
Section 1-1 Name, Findings,
Intention, Scope and Powers
1-1.1 This policy shall be known as the "Rules
of the Presidential Nominating
Convention of the Green Party of the United States", shall apply to the Presidential Nominating Convention of the Green Party of the United States held every four years, and may be cited as the Convention Rules.
1-1.2 The bylaws of the Green Party of the United States provide that "The presidential nominating convention of the Green Party is the delegated decision-making body responsible for nominating the national Green Party's presidential and vice presidential candidates and approving the Green Party's national platform."
1-1.3 It is the intention of Green Party of the United States to provide for Presidential Nominating Conventions whose legitimacy is recognized by the member state Green Parties.
1-1.4 Each Presidential Nominating Convention shall have the powers to:
1-1.4(a) adopt the Report of the
Credentials Committee, determining the voting membership of the Convention.
1-1.4(b) adopt the Platform of
the Green Party of the United States.
1-1.4(c) conduct an election to
name the Green Party nominees for President of the United States
and Vice
President of the United States.
1-1.5 Limit of powers of the Presidential Nominating Convention
Those powers not enumerated herein as delegated to the Presidential Nominating Convention by the National
Committee, are reserved to the National Committee or to the state Parties.
Section 1-2 Convention
of Delegates
1-2.1 Each Presidential Nominating Convention of the Green Party of the United States shall consist of delegates chosen as provided by this policy, among whom shall be apportioned the votes of the convention as provided by this policy.
Section 1-3 Delegate
Apportionment
1-3.1 The number of delegates to
which each state Green Party shall be entitled shall be apportioned
according to a Presidential Nominating Convention Apportionment process,
procedure or formula approved by the National Committee of the Green
Party of the United States; and such process, procedure or formula
shall become Article
III of these Convention Rules.
Section 1-4 Credentialing
of Delegates
1-4.1 The manner in which delegates shall be credentialed shall be according to a process or procedure approved by the National Committee of the Green Party of the United States; and such process, procedure or formula shall become Article
IV of these Convention Rules.
Section 1-5 Voting and
Floor Rules
1-5.1 The manner in which votes of the convention shall be cast, and the business of the convention conducted, shall be according to a process or procedure approved by the National Committee of the Green Party of the United States; and such process, procedure or formula shall become Article
V of these Convention Rules.
ARTICLE
II. CONVENTION OF DELEGATES
Section 2-1 Delegations per State, District
or Territory
2-1.1 One Delegation Per State, District
or Territory
The convention shall consist of one Green Party delegation from each state entitled under the U.S. Constitution to choose members of the Presidential Electoral College, and from those territories and districts of the United States that are currently disfranchised.
2.1.2 Disfranchised Districts and Territories
Until otherwise amended by the National Committee of the Green Party of the United States, the list of those territories and districts that are considered to be disfranchised and are entitled to send a delegation to the Convention include the District of Columbia, the island of American Samoa, the island of Guam, the island of Puerto Rico and the United States Virgin Islands of Saint Croix, Saint John, Saint Thomas and Water Island.
2-1.2(a) Except as explicitly provided, all references in this document to states and statewide Green Parties as it pertains to delegates shall be considered to apply to these districts and territories where there are Greens both organized in them and seeking representation at the convention.
Section 2-2 States With An Accredited Green Party
2-2.1 In those states with a statewide
Green Party organized under the election laws of their state, and
accredited as a member state party of the Green Party of the United
States, the Delegation to each Presidential Nominating Convention
shall be chosen pursuant to that state party's rules for naming their
delegation to such convention. The votes to which each such Delegation
is entitled shall be apportioned in accordance with the state party's
rules.
Section 2-3 States With A Green Party, Not Accredited With
the Green Party of the United States
2-3.1 In those states with a statewide Green Party organized under the election laws of their state, but not accredited as a member state party of the Green Party of the United States, the Delegation to each Presidential Nominating Convention shall be chosen pursuant to that state party's rules for naming their delegation to such convention. The votes to which each such Delegation is entitled shall be apportioned in accordance with the state party's rules. In those states with no accredited statewide Green Party, no application for such an organizing party shall be granted unless the Credentials Committee finds that the applicant would be eligible to join the Green Party of the United States were it to apply.
Section 2-4 States With More Than One Green Party
2-4.1 In those states where two or more statewide Green Parties are organized under the election laws of their state prior to October 1 preceding each Presidential Nominating Convention, the Delegation to such Convention shall be chosen as provided by the rules of the statewide Green Party which is accredited as a member state party of the Green Party of the United States. The votes to which the delegation is entitled shall be apportioned as provided by such rules.
2-4.2 In those states where two or more statewide Green Parties are organized under the election laws of their state prior to October 1 preceding each Presidential Nominating Convention, where neither is accredited as a member of the Green Party of the United States and where one but not both of the state parties retain ballot access from a previous election and another party from the state does not have and cannot reasonably be expected to obtain ballot access, the Delegation to such Convention shall be chosen as provided by the rules of the statewide Green Party with ballot access. The votes to which each such Delegation is entitled shall be apportioned in accordance with the state party's rules.
Section 2-5 States Without A Green Party
2-5.1 In those states where no Green Party is organized at a state level, any three or more local Green organizations, cumulatively comprising at least 15 individuals, may by joint resolution call a statewide convention under such rules as may be provided in such joint resolution, for the purpose of electing the state's delegation to the Presidential Nominating Convention, where such statewide convention also resolves to organize a statewide Green Party under the laws of the state and to work for ballot access.
2-5.2 Those initiating the call and attending the convention are subject to the following conditions regarding their political party affiliation:
2-5.2(a) In states where party
membership is defined by voter registration - and one can legally
register Green - those comprising the call and those attending the
convention must be a registered Green Party member; or
2-5.2(b) In states where party membership is defined by voter registration - but one cannot legally register Green - one cannot be a registered voter in another party; or
2-5.2(c) In states where party membership is not defined by voter registration, one cannot also be a member of another party.
2-5.3 Such a call shall be published to all Green locals within the state which have been identified to the Secretary of the Green Party of the United States; and such notice shall be published at least 30 days prior to the proposed statewide convention.
2-5.4 Such a call shall be published to any statewide Green Party in a geographically adjacent state for dissemination to each identified Green local or state organization in such border state with a request to alert any known Greens from the adjacent, unorganized state holding the convention.
2-5.5 Such a call shall be sent to the Secretary of the Green Party of the United States, so that the Secretary may publish the call to the National Committee.
2-5.6 The failure of existing Green organizations within such an unorganized state to publish a call for such a statewide convention prior to March 15th of each year during which a Presidential Nominating Convention is held shall serve as prima-facie evidence of that they will not do so.
2-5.7 In those states with no statewide Green Party where no agreement can be reached among a majority of participants in the state convention on how or whether to elect a Delegation, no such Delegation shall be seated, except by special dispensation of the National Committee, or of the Presidential Nominating Convention once it has convened.
Section 2-6 Diversity and Representation in Delegations
2-6.1 Each state Green Party is urged to choose a Delegation that, in addition to being representative of its membership, also reflects the diversity of the people of that state.
2-6.2 Each state Green Party is encouraged to select its delegates in a way that offers representation proportional to the support each candidate enjoys within the party, parties or confederation of locals represented by the delegation, and that allows the delegation to truly reflect the diversity of people within the state.
Section 2-7 Delegation Plans for Selection and Instruction
of Delegates
2-7.1 Deadline for Submission of Delegate Plans
2-7.1(a) At least 120 days prior
to the convening of each Presidential Nominating Convention, each
state's Green Party shall submit to the Credentials
Committee, a
Delegate Plan for selecting and instructing its delegation. The Credentials
Committee shall post a copy of each Delegate Plan on its web site.
2-7.2 Content of Delegate Plans
2-7.2(a) Delegate Plans shall include a description of the methods used to learn the preferences of state Green Party members for the nomination for President at the Presidential Nominating Convention.
2-7.2(b) States are urged to provide
in their Delegate Plans for a delegate selection process that offers
representation proportional to the support each candidate enjoys
within the state Green Party represented by the Delegation (or similarly
where there is no state Green Party, as defined in Section
2-1)
and that allows the Delegation to reflect the diversity within the
state
Green Party and the state's population.
2-7.2(c) Delegate Plans shall provide
explanation of the process to be employed to apportion delegates
among the candidates seeking the nomination of the party, and for
those that favor 'none of the above', 'no nominee' or other
such preference.
2-7.2(d) Delegate Plans may provide for alternates for delegates, but shall not name, nor shall the Credentials Committee credential, more alternates than the number of delegates to which the state is entitled. Where alternates are provided for, Delegate Plans shall specify the manner in which they take the place of delegates and the instructions they have in doing so.
2-7.3 Change to Delegate Plans
2-7.3(a) After its Delegate Plan has been submitted to the Credential
Committee, no change to the rules used by a state Green Party for
selecting or instructing its delegation shall be binding unless the
state Green
Party submits within thirty days of such change to the Credentials
Committee a supplementary report describing those amendments.
Section 2-8 Reporting the Results of the Delegate Selection
Process
2-8.1 Not later than 14 days following any action to fill seats on a state Green Party's convention delegation, a state party shall file with the Credentials Committee the results of its delegate selection process, including vote totals and the proportion of support enjoyed by each candidate seeking the nomination of the party, as well as a list of delegates and alternates and an explanation of how each has been instructed to vote in the first round of voting in the convention's Presidential Nominating process.
2-8.2 A state-by-state summary
of delegate pledges shall be made public on the web site. of the
Credential Committee in a timely manner.
Section 2-9 Compliance With These Rules
2-9.1 If compliance with these
rules and a state's election laws creates a significant burden to
a state Green Party, it may apply to the Credentials Committee for
a waiver to such provisions of these rules as would best serve the
democratic engagement of that state Green Party's members in the
national nominating process.
2-9.2 Each such application for
a waiver shall be published on the web site. of the Committee, accessible
to members of the National Committee and to Delegates and Alternates
extended preliminary credentials.
2-9.3 The Credentials Committee shall have the discretion to consider such applications, and shall report to the National Committee each action by the Credentials Committee to receive, hold a hearing on, schedule debate on or consider the disposition of each such application.
ARTICLE
III. APPORTIONMENT OF DELEGATES
Reserved
ARTICLE
IV. CREDENTIALING OF DELEGATES
Section 4-1 Delegate Credentials Process
4-1.1 The manner in which delegates shall be credentialed shall be
according to the process as defined in this article.
4-1.2 The Credentials Committee
shall publish this policy on the web site. of the Green Party of
the United States and send it to each
accredited member state party and accredited caucus of the Green
Party of the United States.
4-1.3 The Credentials Committee shall provide this policy to any
non-accredited state Green Party (or group of Greens) that qualifies,
or seeks to qualify, to send a delegation to the Presidential
Nomination Convention.
4-1.4 The Credentials Committee shall make this policy available at the
Convention as part of the registration process.
4-1.5 In publishing this policy, the Committee shall include each form
as may from time to time be approved by the Committee to facilitate the
credentialing process.
Section 4-2 Delegate Credential Applications - Content
of Submission
4-2.1 Delegate Credential Applications
shall state that the applicant state party is an accredited member
state Green Party of the Green
Party of the United States; or, if not a member, that it has submitted
an application to the Accreditation Committee which demonstrates
its eligibility for membership with the Green Party of the United
States;
or if the applicant is a caucus, that it is has been Accredited as
eligible for representation on the National Committee of the Green
Party of the United States.
4-2.2 Delegate Credential Applications
shall include a copy of the approved minutes of the state convention,
or other body authorized to
name the delegation, which document the delegates' selection; as
well as a letter bearing the signature of the state party or caucus
officers
(or others authorized to make such a statement) certifying the
authenticity of the minutes.
4-2.3 Delegate Credential Applications shall bear the witness of the
officers of the caucus or party or others authorized to make such a
statement that delegates named in the application were duly chosen as
delegates to the convention as provided for in the rules of the caucus
or state Green Party (or grouping of Greens where there is no state
party). If approved minutes are not available, the Application shall
include other documentation of the delegates' selection.
4-2.4 Delegate Credential Applications shall identify the name, year of
birth and residential address; and, if available, the phone and fax
number and email address for each delegate and delegate-alternate
chosen by the party or caucus. For each such person, the Application
shall also indicate the political party with which they are registered
to vote (where that is possible).
4-2.5 Delegate Credential Applications shall include copies of all
portions of state election law which are relevant to the selection of
delegates to a national convention, whether by primary, caucus, or
petitions for national candidates.
4-2.6 Reserved.
4-2.7 Delegate Credential Applications shall state what the policy of
the state party is, if any, regarding:
4-2.7(a) support of the Presidential Slate nominated by the
Presidential Nominating Convention through the provision of its
presidential ballot line where it exists; or, through the qualification
of such nominated candidates as write-in candidates, if such is
possible under the election laws of their state; and/or,
4-2.7(b) support of the Presidential Slate nominated by the
Presidential Nominating Convention by its Presidential Nominating
Convention delegates and/or its Presidential electors; and/or,
4-2.7(c) any prohibition to the opposition of the Presidential Slate
nominated by the Presidential Nominating Convention by its Presidential
Nominating Convention delegates and/or its Presidential electors and/or
Presidential Nominating Convention delegates;
4-2.7(d) any other policy of the state party regarding its
post-convention relationship to the Presidential Slate nominated by the
Presidential Nominating Convention.
4-2.7(e) If there is no current policy on these subjects, the
application shall state that the state Green Party has not adopted a
policy on these subjects."
4-2.8 While the Credentials Committee shall make available each
application to each delegation provided preliminary credentials, they
shall remove from publication the residential address, birth year,
phone, fax and email of each person named for whom the Application
indicates that the delegate or alternate has withheld consent for the
release of such data; except that each application shall provide full
contact information for at least one person designated as a point of
contact for the delegation, party or caucus; excepting further that any
Delegate or Alternate who has withheld consent for the release of their
contact information shall provide an alternate mailing address and if
available an email address for the configuration of an email forwarding
alias. The Committee shall make such redacted data available only to
the extent necessary to effectuate the Delegate and Alternate
Credentialing and event registration processes. The Committee shall
provide for anonymous forwarding email aliases for any Delegate or
Alternate designated in an Application as having withheld their consent
for the release of their personal contact information. The
administrators for the Party's domain name are instructed to provide
for a suitable subdomain for the configuration of such email forwarding
aliases as may be necessary to protect the privacy of Convention
Delegates while making it possible for Delegates to communicate with
one another about Convention business.
Section 4-3 Delegate Credential Applications - Timing and
Receipt of Submission
4-3.1 The Credentials Committee shall publish a "Call for Applications
for Delegate Credentials" not later than four weeks after the committee
has been elected.
4-3.2 Each Accredited Caucus or state Green Party (or grouping of
Greens where there is no state party) that desires to credential a
delegation to the Presidential Nominating Convention shall submit both
an original and duplicate hard copy of their Delegate Credential
Application by U.S. Mail, as well as an electronic application by
email. No application shall be accepted unless both original and
duplicate and electronic versions are submitted.
4-3.3 Delegate Credential Applications must be submitted prior to the
application deadline, unless granted an extension by the Credential
Committee. Accredited Caucuses or state Green Parties that anticipate
submitting their Delegate Credential Application after the deadline are
encouraged to seek an extension before the deadline and as early as
possible.
4-3.4 The deadline for postmarking a credentials application to be
considered prior to the convention shall be forty-five days prior to
the convening of the Presidential Nominating Convention, and not later
than thirty days later than the delegation has been named.
4-3.5 The Credentials Committee
shall sign the application and its copy, certifying the receipt of
a duplicate copy; and within three
business days, make the application and all attachments, except for
such personal contact information redacted under the provisions of
Article
4, Section 2, Paragraph 8, available online at a web site
accessible to members of the Green National Committee, to members
of the Credentials Committee and to any delegate awarded preliminary
credentials by the committee. The web site shall contain links to
a
text version and a PDF version of each application and any attachment.
Any paper attachment that was not made available in electronic form
shall be specifically noted on this site. The Committee shall by
Committee rule provide for a Terms of Service document to govern
access to, use of and to prohibit the redistribution of such personal
information as may be published on the web site of the Committee
as
required by this Paragraph.
Section 4-4 Delegate Credential Applications
- Process for Consideration of Late Filings
4-4.1 Any application which is not submitted by the filing deadline may
be considered by the Credentials Committee if:
4-4.1(a) before the filing deadline, a majority of the active Committee
members voting find that the applicant has demonstrated that the
functioning of the applicant's state law operates to make meeting that
deadline and serving the internal democracy of the party mutually
exclusive, and has agreed to grant an extension of the filing deadline
by their vote; or,
4-4.1(b) either before or after the deadline, a two-thirds majority of
the active Committee members voting find that the applicant has
demonstrated that justice in the credentialing process would be served
by granting the application, and has agreed to grant an extension of
the filing deadline by their vote.
Section 4-5 Delegate Credential Applications - Preliminary
Findings of the Credentials Committee
4-5.1 For any application filed both electronically and by mail
forty-five days or more prior to the convention, the Co-Chairs of the
Credentials Committee shall respond within 28 days of receipt,
certifying upon preliminary online examination that the Committee has
either:
4-5.1(a) found the application to be consistent with these rules, with
a preliminary finding of the number of delegates the committee expects
will be credentialed at the convention; or,
4-5.1(b) found the application to be inconsistent with these rules, or
incomplete with a preliminary finding of the number of delegates the
committee expects will be credentialed at the convention; and, provide
instructions on how the application may be corrected to be consistent
and complete.
Section 4-6 Preliminary Credentialing of Delegates
4-6.1 Until the adoption of the Credentials Report, the Convention
shall consist of those applicants granted preliminary credentials by
the Credentials Committee.
4-6.2 Credentials shall be issued on-site by the Credentials Committee
during normal operating hours, only at the usual place of business for
the committee, or at the credentialing table, or at the entrance to the
convention floor.
4-6.3 Each applicant delegate or delegate-alternate
must be a member of a delegation that itself has been granted preliminary
credentials by
the Credentials Committee and must identify themselves with a state
or school-issued picture ID, or are identified by the chair or other
officer of their state delegation or caucus.
4-6.4 To receive credentials, each delegate or delegate-alternate must
also sign the Credentials Roll that pledges them to support the rules
of the Convention.
4-6.5 "Credentials" shall mean a color-coded, visible card which
permits a delegate issued the credentials - or an alternate bearing
alternate credentials who is from the same state or caucus as the
delegate issued the credentials - the right to vote on any matter
before the convention.
Section 4-7 Initiating Challenges to Preliminary Findings
and/or Preliminary Credentialing
A challenge may be initiated by either:
4-7.1 any three or more Greens who are members of a Green Party from
the state whose credentials they seek to challenge; or,
4-7.2 any three or more Greens who are members of an Accredited Caucus
whose credentials they seek to challenge; or,
4-7.3 any three or more delegates extended preliminary credentials by
the Credentials Committee; or,
4-7.4 any state or caucus delegation extended preliminary credentials
by the Credentials Committee.
Section 4-8 Filing Challenges to Preliminary Findings and/or
Preliminary Credentialing
4-8.1 Challenges shall be filed with the Credentials Committee and
shall include an original and four duplicates of an affidavit entitled
"Challenge to the Credentials of the Delegation from _________,"
(designating the Caucus or State Party whose Credentials are
challenged), which attests to the accuracy of its contents and states
that, either:
4-8.1(a) a state party or caucus is not qualified under the rules to
elect and seat a delegation; and/or,
4-8.1(b) the number of delegates and/or delegate-alternates issued
preliminary credentials by the committee is more than the number the
delegation is entitled to under the rules; and/or,
4-8.1(c) an individual delegate issued preliminary credentials is not
entitled under the rules to serve as a delegate or delegate-alternate.
4-8.2 each challenge shall make specific reference to the application
challenged, citing the delegate, seats and/or delegation challenged,
and stating its claim that the preliminary recommendation of the
Credentials Committee violates or is otherwise inconsistent with these
rules and should be reconsidered.
4-8.3 Affidavits shall serve the same function as an oath or
affirmation and shall carry the same responsibility to the truth on the
part of their proponents.
4-8.4 If such an affidavit is filed twenty-one or more days prior to
the convention, it may be filed by email and by mail, with the
Credentials Committee.
Section 4-9 Consideration of Challenges to Preliminary Findings
and/or Preliminary Credentialing
4-9.1 The Credentials Committee may only consider a challenge prior to
the Convention if it was filed within thirty calendar days of either
4-9.1(a) The publication on the
web site of the Credentials Committee of the minutes documenting
the granting of the challenged application; or,
4-9.1(b) The granting of the application making one or more challengers
eligible to file the challenge.
4-9.2 Any challenge initiated five or fewer days prior to the convening
of the convention may be filed with the Credentials Committee at its
regular place of business during normal operating hours at the
convention.
4-9.3 The thirty-day deadline for the filing of a challenge may be
waived if a two-thirds majority of the Credentials Committee grants a
motion to extend the deadline, which argues that equity and justice in
the credentialing process would be served by the Committee's
consideration of the attached challenge.
4-9.4 When in receipt of a challenge, the Committee shall serve the
complaint on the delegation challenged and schedule the matter for
preliminary consideration at the next meeting of the Committee; or, if
filed two or more weeks prior to the convening of the Convention, shall
be put to the Committee consistent with its practices for handling
business online.
4-9.5 The delegation challenged shall appoint a respondent(s) to
represent their position.
4-9.6 At a preliminary hearing on a challenge, if
4-9.6(a)(1) the respondent has
filed their response; or,
4-9.6(a)(2) if prior to the convention,
two weeks have elapsed since the challenge was filed and served on
the respondent; or,
4-9.6(a)(3) if at the convention,
24 hours have elapsed since the challenge was filed and served on
the respondent, the Credentials Committee may either
4-9.6(b)(1) rule on the challenge
with the consent of both parties; or,
4-9.6(b)(2) may appoint a Challenge
Hearing Panel of five hearing officers to hear the evidence and make
its report back to the
committee; except that,
4-9.6(b)(3) whenever the Committee
has received a challenge and a response, and if the parties dispute
the facts asserted in the
challenge and/or response, the Committee must appoint a Challenge
Hearing Panel.
4-9.7 Any member of the Credentials Committee who resides in the state
that is the subject of a challenge, or is challenging the seating of
any other delegates, shall be considered recused from the consideration
of any procedural or substantive question related to such a challenge.
4-9.8 Any member of the Credentials Committee who is an active member
of a Caucus that is the subject of a challenge, shall be considered
recused from the consideration of any procedural or substantive
question related to such a challenge.
Section 4-10 Appointment of Challenge Hearing Panel
4-10.1 Whenever a Challenge Hearing Panel is appointed, it shall
consist of five Credentials Committee members, except that a Challenge
Hearing Panel may consist of three members if conflicts and recusals,
as defined in 4-10.3, preclude naming a five member Panel. The members
shall be known as Hearing Officers. No more than one member of any
state party may serve as a Hearing Officer.
4-10.2 Appointment of the Challenge
Hearing Panel shall be by consensus, if consensus can be reached.
If not, panel members shall be
appointed by the Committee using preference voting, consistent with
the process as defined in the Rules and Procedures of the Green Party
of
the United States, Article
7 Preference Voting Rules for Steering
Committee Elections.
4-10.3(a) The committee shall not appoint to any Challenge Hearing
Panel a committee member who resides in either the state whose
credentials are being challenged or a state whose delegate is a
challenger and a party to the action.
4-10.3(b) The committee shall not appoint to any Challenge Hearing
Panel a committee member who is an active member of a Caucus whose
credentials are being challenged.
4-10.4 Each Challenge Hearing Panel shall:
4-10.4(a) choose from among themselves a Presiding Hearing Officer who
will have the responsibility to chair the proceedings and present the
recommendations; and
4-10.4(b) be charged with conducting hearings on such challenges as may
be assigned to them which have been filed with the Credentials
Committee, and
4-10.4(c) make a report to the Credentials Committee with
recommendations for the resolution of each such Challenge.
4-10.5 The Presiding Hearing Officer
will be appointed by the Challenge Hearing Panel by consensus, if
consensus can be reached. If not, the
Presiding Hearing Officer shall be elected by the Challenge Hearing
Panel using preference voting, consistent with the process as defined
in the Rules and Procedures of the Green Party of the United States,
Article 7. Preference Voting Rules for Steering Committee Elections.
Section 4-11 Challenge Hearing Process On-Line Before the
Convention
4-11.1 In the event that deliberations on the challenge occur online
before the Convention, a password-protected archived email list shall
be established for each challenge heard.
4-11.1(a) Read/write privileges to the email list shall be extended to
the Hearing Officers, as well as any parties to the action.
4-11.1(b) Moderated read/write access shall be extended to additional
witnesses that are not one of the parties. Moderation shall be
conducted by the Presiding Hearings Officer who shall exercise such
power to permit a witness to offer testimony, but not to cross examine
other witness, raise objections, or enter into the record other
materials that are not germane to the matter at hand.
4-11.1(c) Read-only access shall be extended to any other members of
the Credentials Committee and any delegate granted preliminary
credentials by the committee.
4-11.2 Any documentation offered as a part of the challenge, not
already in the record of the application, shall be made available
online by the Presiding Hearing Officer as if it were an application to
the Credentials Committee.
4-11.3 The Presiding Hearing Officer shall initiate an email discussion
thread on any procedural motion to make and respond to procedural
motions, in which all parties with read/write authority may
participate. Each party shall initiate a thread with a subject:
"Arguments for the (Challenger/ Respondent)" and one called "Testimony
of _________" for each witness in which each Hearing Officer and all
authorized parties may examine and cross-examine.
4-11.4 The challenger shall have five days to present their testimony
and documentation through the email list, and may examine any delegate
granted preliminary credentials by the challenged application, any
officer of a state Green Party or Caucus whose application is
challenged, or, with the consent of the Challenge Panel, another
witness who can contribute relevant evidence which would not be in the
record without their participation. The parties may use prepared
interrogatories or may submit questions one at a time, as they prefer.
Any member of the Challenge Hearing Panel may put a question to any
witness or party in the appropriate thread. All witnesses or people
submitting information to the Credentials Committee shall publicly
state, "I publicly state that what I'm about to say is true."
4-11.5 At the conclusion of the hearings, the Hearing Officers shall
have five days to deliberate within the email list before taking a vote
on a resolution to the challenge.
4-11.6 Any of these rules may be suspended with the consent of both
parties and the Hearing Officers.
Section 4-12 Challenge Hearing Process At the Convention
4-12.1 Both the challenger and the respondent shall be heard, as well
as any other witness called by a party to the challenge or otherwise
granted a hearing by a majority of the Challenge Hearing Panel or of
the Credentials Committee of the whole.
4-12.2 First, the petitioners bringing the challenge shall make their
case by presenting any documentation relevant to the proceeding,
subject to cross-examination and objections to the relevance of the
evidence.
4-12.3 Then, the delegation whose application is challenged or, in the
case of a challenge by a party to the Credentials Committee's action on
its own application, the spokesperson for the Committee shall respond
to the challenge, presenting any documentation relevant to the
proceeding, subject to cross-examination and objections to the
relevance of the evidence.
4-12.4 No testimony shall be heard on-site unless notice of a hearing
shall have been posted for three hours in the same manner and at the
same places as is normally required for Credential Committee meetings.
Section 4-13 Recommendation of the Challenge
Hearing Panel
4-13.1 Upon consideration of the evidence, the Challenge Hearing Panel
shall attempt to achieve consensus on its recommendation. If consensus
is not reached, a majority recommendation shall be filed and a minority
recommendation may be filed, if any of those dissenting with the
majority wish to do so.
Section 4-14 Ruling of Credentials Committee on Challenges
4-14.1 At the preliminary hearing, or at a subsequent hearing after the
report of the Challenge Hearings Panel, the Credentials Committee shall
consider the question for each party, seat or delegate challenged:
"Does a preponderance of the evidence compel us to reconsider our
action on the challenged application and reach a different result?"
4-14.2 If a majority of the Credentials Committee votes in the
negative, the challenge is denied and the challenger may appeal to the
Convention.
4-14.3 If the majority of the Credentials Committee votes in the
affirmative, the challenge is granted and the respondent or the
delegation in question may appeal to the Convention.
4-14.4 If the challenge is granted, and the state party or caucus is
not qualified under the rules to elect and seat a delegation, then the
seats in question shall be ruled vacant, unless otherwise appealed and
overturned by the Convention.
4.14.5 If the challenge is granted, and the number of delegates and/or
delegate-alternates issued preliminary credentials by the committee is
more than or less than the number the delegation is entitled to under
the rules, then the number of delegates and/or delegate-alternate
credentials decided upon by the Credentials Committee shall be issued,
unless otherwise appealed and overturned by the Convention.
4.14.6 If the challenge is granted, and an individual delegate or
delegate-alternate issued preliminary credentials is not entitled under
the rules to serve as a delegate or delegate-alternate, then that
individual shall surrender their credentials, and may only be issued
new credentials upon successful appeal to the Convention.
4.14.7 If the state party's or
caucus' delegate plan does not provide for filling a seat ruled vacant
by the challenge process, the
Credentials Committee shall entertain proposals on how to fill it
from the state or caucus delegation members signing the Credentials
Application; except if the members signing the Credentials Application
themselves are ruled not eligible for credentials, then any other
officer of the party or caucus shall suffice to bring forward such
a
proposal, or at their discretion a proposal to leave such seats vacant.
Section 4-15 Credentials Committee Operations at the Convention
4-15.1 The Credentials Committee shall convene at the Convention site
no later than twenty-four hours prior to the convening of the
Presidential Nominating Convention.
4-15.2 Until the resolution of any pending challenges and the adoption
of a Credentials Report by the Presidential Nominating Convention, the
Credentials Committee shall operate a Credentials Committee office or
booth at the site of the Presidential Nominating Convention for at
least four hours each day, starting when five or more committee members
from five or more states are on site, but in no case starting later
than twenty-four hours prior to the convening of the Convention. The
Credentials Committee may utilize volunteers to staff the office if
they are to be directly supervised by two or more members of the
Credentials Committee. The volunteers' role shall be limited to
providing administrative support.
4-15.3 The booth shall continue to operate until the adjournment of the
Convention. At the site of the booth, the Committee shall maintain for
inspection by any delegate named in an application on file with the
committee the original and a copy of each application, and a chain of
custody log documenting the receipt of each application and the
transfer of any such application for duplication, referral to a
Challenge Committee or referral to the convention.
4-15.4 At least once a day, and one hour before the Convention convenes
each day, the Credentials Committee shall convene to give preliminary
consideration to any challenge received not more than three hours after
the receipt of an application.
4-15.5 The supervising Committee members are empowered to rule on
whether any application or challenge filed with the Committee complies
substantially with the rules of the Committee and warrant action by the
Committee. If there are unresolved challenges pending before the
Committee, the Committee is urged to consider offering extended hours,
as appropriate.
4-15.6 For the purposes of preliminary consideration of a challenge, a
quorum of the Credentials Committee shall consist of a minimum of five
members from five different states, and consist of a majority of the
committee members who have checked-in with the committee at its booth
or office as being on-site and ready to work, and who have not yet left
the Convention.
Section 4-16 Adoption of Credentials Report
4-16.1 The Credentials Committee shall file and present a report of its
actions and conclusions to the Convention for adoption.
4-16.2 The Convention may, by a majority vote, adopt the report as
presented or as amended by a majority of the Convention. The effect of
the adoption of the report shall be to issue credentials to any
delegate in possession of preliminary credentials.
4-16.3 The Convention shall consider any challenge where at least 33%
or more of the Committee has filed a minority report recommending
Convention action; and may by majority vote choose to consider any
challenge where 20% or more of the Committee has filed a minority
report recommending convention action.
4-16.4 Those whose preliminary credentials have been ruled invalid
through the challenge process shall surrender their credentials to the
registration desk or others authorized by the Co-Chairs of the
Convention. The Co-Chairs are authorized to appoint doorkeepers who
shall have the power to assist the Credentials Committee in recovering
any preliminary credentials issued by the committee, but not affirmed
by the convention.
ARTICLE
V. FLOOR RULES
Section 5-1 Title, Scope and Intention
5-1.1 These rules shall govern the conduct of business of each Presidential Nominating
Convention of the Green Party of the United States.
5-1.2 These rules are intended to provide a clear, democratic and transparent
process for the business of each Presidential Nominating Convention of the Green
Party of the United States to be conducted.
Section 5-2 Honorary Co-Chairs
5-2.1 Gender-balanced, Honorary Co-Chairs shall be nominated by the Steering
Committee of the Green Party of the United States, and submitted for confirmation
by the Green National Committee at least 60 days prior to the Convention. If
the Honorary Co-Chairs nominated by the Steering Committee are not approved,
then the Steering Committee shall continue to submit nominations to the Green
National Committee until they are approved.
5-2.2 Any person nominated as an Honorary Co-Chair must not be employed by, serve
in any official capacity in the campaign of, nor officially endorse any of the
Presidential candidates whose names are placed before Convention.
5-2.3 Any person nominated as an Honorary Co-Chair should be one who represents
Green Party ideals, goals and practices; and who may be a Green elected or appointed
official to public office; or who may be a spokesperson within their state or
local Green Parties; and who may have made significant achievements in the advancement
of Green politics; or who may represent an important constituency in the Green
movement; or whose presence otherwise positively and significantly recommends
the Green Party.
5-2.4 During the Convention, the Honorary Co-Chairs shall be responsible for
opening the Convention and playing a 'Masters of Ceremonies' role in the proceedings.
Before the Convention, the Honorary Co-Chairs shall serve as Media Spokespeople
and participate in the promotion of the Convention.
Section 5-3 Election Administrator
5-3.1 An Election Administrator shall be nominated by the Steering Committee
of the Green Party of the United States, and submitted for confirmation by the
Green National Committee at least 60 days prior to the Convention. If the Election
Administrator nominated by the Steering Committee is not approved, then the Steering
Committee shall continue to submit nominations to the Green National Committee
until one is approved.
5-3.2 Any person nominated as the Election Administrator must not be employed
by, serve in any official capacity in the campaign of, nor officially endorse
any of the Presidential candidates whose names are placed before Convention.
5-3.3 The Election Administrator shall be responsible for conducting
and supervising the election process of the Green Party nominees for President
of the United
States and Vice President of the United States, as described herein under Sections
5-9, 5-10 and 5-11.
5-3.4 The Election Administrator may name such Assistant Election Administrators
as may be necessary to the conduct of his/her duties, but may not delegate decision-making
authority to them. Assistant Election Administrators shall be subject to the
same conditions under 5-3.2 as the Election Administrator.
Section 5-4 State Delegation Reporters
5-4.1 Each state party shall elect a State Delegation Reporter
and an Alternate State Delegation Reporter from among its delegates; and shall
provide the Election
Administrator with their contact information at least five days in advance
of the nominating session.
5-4.2 Responsibilities of State Delegation Reporters
5-4.2(a) Attending such preliminary meetings organized for
State Delegation Reporters as may be called within twenty-four hours preceding
the convening of the Convention,
and
5-4.2(b) During the Convention, accurately reporting vote
totals from their state within the allowed time limit set by the Election Administrator.
A Reporter may
also designate another delegate to announce votes; or without objection from
their delegation, designate another member of the state Green Party who is
not a delegate.
5-4.3 If a state fails to designate a Reporter who can fulfill
these required duties, then the Election Administrator shall appoint an Assistant
Election Administrator(s)
to perform such duties for that state.
Section 5-5 Enforcement of State Instructions Shall be a State Matter
5-5.1 No officer or servant of the Convention, nor any member
of the Steering Committee or National Committee, is empowered on behalf of
the Green Party of
the United States, to enforce instructions and mandates given to any Delegation
by their State Party.
5-5.2 Enforcement of any such instructions and mandates shall
be a matter between the state party and its delegates. Disputes shall be resolved
by a vote of a
State Party's delegation, according to the rules of that State Party, and the
convention shall accept any such decision by a state Delegation.
Section 5-6 Decision-Making by the Convention
5-6.1 Number of Votes Cast
Each state Delegation may cast no more votes than they are apportioned to under
Article III and for which Delegates have been credentialed pursuant to Article
IV of this Policy. However a state delegation may cast fewer votes than they
are entitled to, if it so chooses.
5-6.2 Proxy Votes
5-6.2(a) A Delegate may cast a proxy vote in place of not
more than one absent Delegate who is credentialed to participate in such Convention,
as long as the
total number of votes cast for that state does not exceed
5-6.2(a)(1) its total allowed Delegates as apportioned pursuant
to Article III
and credentialed pursuant to Article IV, or
5-6.2(a)(2) twice the number of voting Delegates
in attendance, if twice the number of voting Delegates in attendance
shall not exceed the total allowed Delegates
as
defined in 5-6.3(a); and
5-6.2(b) The Credentials Committee, or any other committee
responsible for Convention
logistics, may require state Delegations to inform it of their plans regarding
such proxy voting. if it finds that such reporting would serve the provision
of
a fair and accurate vote or planning for the logistical needs of the Convention.
5-6.3 Roll Call Votes
5-6.3(a) When a vote of the Convention is required,
a roll call vote shall be taken of each state delegation credentialed
to cast votes.
5-6.3(b) State delegations shall be called in
alphabetical order and a state may either cast its votes when
called, or pass and be called
to vote a second
time by the Elections Administrator. No state delegation may pass more than
once. However, in no case can a state delegation cast a portion of its votes
at one
time, and another portion at another; rather it must either cast all the
votes it intends to cast or pass.
5-6.3(c) Any time a vote is taken, each state's
Reporter (or designated speaker), shall announce both the number
of state Delegates,
plus
alternate Delegates standing
in for regular delegates present (not to exceed the state's authorized number
of delegates), and the vote of the Delegation on the question before the
Convention.
5-6.4 Close of Vote
Once all State Delegations have been called to vote, and those that have
passed have been called to vote a second time, the voting period shall be
considered
closed.
Section 5-7 Approval of Credentials Committee Report
5-7.1 The first order of business for the Convention shall
be, consistent with Article IV, to consider, amend, consider appeals to and
adopt the Report of the
Credentials Committee.
5-7.2 The decision-making base to adopt the
Report of the Credentials Committee shall be those delegations
and delegates who have been
awarded preliminary credentials
under Article IV.
5-7.3 Gender-balanced Co-facilitators shall be nominated
by the Steering Committee of the Green Party of the United States to co-facilitate
the decision-making
process for adopting the Report of the Credentials Committee, and submitted
for confirmation by the Green National Committee at least 60 days prior
to the Convention.
If the Co-facilitators nominated by the Steering Committee are not approved,
then the Steering Committee shall continue to submit nominations to the
Green National Committee until Co facilitators are approved.
5-7.4 As established in 4-16.2, the Convention may by
a majority vote, adopt the report as presented or as amended by a majority
of the convention. The
effect of the adoption of the report shall be to issue credentials to any
delegate in
possession of preliminary credentials.
5-7.5 As established in 4-16.3,
the Convention shall consider any challenge where at least 33% or more
of the committee has filed a minority
report recommending
convention action; and may by majority vote choose to consider any challenge
where 20% or more of the committee has filed a minority report recommending
convention
action.
Section 5-8 Approval of Platform
5-8.1 Once the Report of the Credentials Committee has
been adopted as specified under Section 5-7, the Convention shall consider
approval
of the Platform.
5-8.2 Approval of the Platform shall be by the process
as specified by the Green National Committee in Article
II. 2. of the Bylaws
of the Green Party
of the
United States; and in accordance with the Platform Timeline & Process,
the process as established by the Green National Committee September 15,
2002. The
voting threshold for approval shall be 2/3 as defined in Article
V. Voting
Rules of the Bylaws of the Green Party of the United States.
5-8.2(a) The Platform Committee Co-Chairs or other spokespersons
designated by the Platform Committee shall be afforded not more than ten
minutes to present
the report of the Platform Committee and proposed 2008 Platform to the
Convention. The presenter(s) for the Platform Committee shall also be afforded
the final
ten minutes of debate or discussion for closing remarks before the question
of adoption of the Platform is put to the Convention.
5-8.2(b) Discussion on the proposed Platform shall
be limited to one hour. No delegate may address the Convention for longer
than one minute on
any provision
of the Platform. To address the convention, a delegate is required to register,
with their name, delegation, Platform provision to be addressed and their
position on such provision, with the Convention facilitation team not later
than the
convening of the Convention plenary session scheduled to consider the Platform.
5-8.2(c) The voting threshold for the adoption of the
Platform shall be 2/3 of Convention Delegates, as defined in Article
II. 2. and Article V. Voting
Rules of the Bylaws of the Green Party of the United States.
5-8.2(d) Should the Convention fail to adopt the proposed
Platform, the Platform Committee is instructed to re-title the existing
Green Party Platform as the
current Green Party Platform, and to report it to the Green National Committee,
which shall be authorized to publish it as the Platform of the Green Party
of the United States.
Section 5-9 Presidential Candidate Speeches
5-9.1 Any candidate seeking the Presidential Nomination
of the Convention who wishes to address the convention may do so, if at
least one Delegate is pledged
to vote for them from each of three states.
5-9.2 Any candidate seeking the Presidential Nomination
of the Convention who wishes to address the convention who does not have
at least one delegate pledged
to vote for them from each of three states, may alternatively submit a
petition signed by a number of credentialed Delegates equal to at least
3% of the
total credentialed Delegates, and coming from at least 7 states, declaring
each signers'
intention to vote for the candidate named in the petition in the first
round of voting. Such petitions must be submitted to the Election Administrator
by 6:00 pm on the day immediately preceding the convening of the Convention;
and
Delegate signatures that appear on more than one petition will be disqualified
on the petition of said delegate's choice.
5-9.3 Equal time shall be allocated for the purposes of
addressing the convention to all candidates who qualify under 5-9.1 or 5-9.2.
5-9.4 A candidate need not qualify to address the Convention
in order to receive nominating votes.
5-9.5 The Convention shall also provide equal time for
a speaker for the No Nominee position, but not for None of the Above (NOTA).
Equal time is defined
as a time
equal to that provided for each of the presidential candidates.
5-9.6 A caucus of the delegates who favor the no nominee
position will choose the No Nominee speaker and report the name to the
Election Administrator by
9:00 AM of the morning of day the Nomination is scheduled.
Section 5-10 Nominating a Presidential Candidate
5-10.1 Multiple rounds of voting shall be conducted until
a simple majority of the voting delegates vote for either an eligible candidate
or for No Nominee.
Both No Nominee and None of the Above (NOTA) shall remain an option through
all
rounds of voting.
5-10.2 During the first round of voting, all delegates
except those instructed by their state party as "Uncommitted", "NOTA" or "No
Nominee", must vote for their designated candidate, as instructed
by their state party. In subsequent rounds, delegates shall vote as instructed
by their
state party.
5-10.3 Half-votes from delegates assigned with such will
be counted in the first round. Succeeding rounds will count only whole
votes.
5-10.4 If there is a first-round winner, that candidate
must formally accept the nomination, or that candidate becomes ineligible
and the voting proceeds
to the second round.
5-10.5 After the first round,
5-10.5(a) No candidate shall
be eligible to receive votes who has failed to declare in writing to the
Election Administrator their
intention to accept
the nomination
if offered and to cooperate with each member state party of the Green Party
of the United States to have their name placed on each ballot line to which
a member
State Party may be eligible.
5-10.5(b) Votes for ineligible candidates shall be treated
as abstentions and shall not count toward the threshold for nomination.
5-10.5(c) The threshold for nomination in each round shall
be the next whole number greater than half the number of non-abstaining
votes cast in such round.
5-10.6 The Election Administrator shall permit a reasonable
period of time between voting rounds for states to caucus, and for candidates
to withdraw.
Candidates
who withdraw shall not be eligible to receive votes in subsequent rounds.
5-10.7 At the completion of the second round and all subsequent
rounds, any candidate who received less than 10% of the vote in that round
shall become
ineligible.
Should all candidates have received in excess of 10% of the vote in the
previous round, the candidate with the lowest number of votes from that
round shall
become ineligible. In the case of a tie for the candidate with the lowest
total number
of votes where the candidate has over 10% of the ballots cast, no candidate
is eliminated.
5-10.8 In the case of a tie between last-place candidates
receiving at least 10% of the vote, none of these last-place candidates
shall become ineligible
after the first such tie. If two consecutive rounds end in a tie between
the same last-place candidates and the elimination of all such tied candidates
would leave two or more candidates, all such candidates shall become ineligible.
If
two or more consecutive rounds end in a tie between the same last-place
candidates and the elimination of all such tied candidates would leave
fewer than two
candidates, no candidates shall become ineligible after any such round.
5-10.9 When an eligible candidate receives the majority
of votes in a given round, the candidate shall be declared the Presidential
Nominee of the Green
Party of
the United States.
5-10.10 Should None of the Above (NOTA) receive the majority
of votes in a given round, the Election Administrator shall permit a reasonable
period of
time before
the next round for new nominations to arise from the floor. Any such candidate
nominated must be eligible as defined in 5-10.5(a) and
submit a petition signed by a number of credentialed Delegates equal to
at least 3% of the
total credentialed
Delegates, and coming from at least 7 states, declaring each signers' intention
to vote for the candidate named in the petition in the next round of voting.
5-10.11 Should No Nominee receive the majority of votes
in a given round, there shall be no Presidential Nominee of the Green Party
of the United States.
Section 5-11 Nominating a Vice Presidential Candidate
5-11.1 If the Convention has nominated a Presidential
candidate, the Presidential nominee shall propose a candidate for the Vice
Presidential
nomination to the
convention delegates.
5-11.2 To be eligible for consideration for the Vice Presidential
nomination, a candidate must declare in writing to the Election Administrator
their intention
to accept the nomination if offered and to cooperate with each member state
Green Party of the Green Party of the United States to have their name
placed on each
ballot line to which a member State Party may be eligible.
5-11.3 Once the Presidential nominee has proposed a Vice-Presidential
nominee, the Election Administrator shall call for a show of raised hands
by the delegates
to approve the nomination of the proposed Vice Presidential candidate.
5-11.3(a) If the Election Administrator concludes that
a clear majority of the delegates supports the nomination of the proposed
Vice-Presidential
nominee,
then the Election Administrator shall ask for any outstanding concerns
with the
ruling; and unless there is a challenge as described under 5-11.3(b), the
Election Administrator shall declare the proposed Vice-Presidential candidate
nominated.
5-11.3(b) The ruling by the Election Administrator under
5-11.3(a) may be challenged by a number of credentialed Delegates equal
to at least 3% of the total credentialed
Delegates, and coming from at least 7 states; and if such a challenge is
presented, then the Election Administrator shall administer a roll call
of the convention
by state.
5-11.3(c) If the Election Administrator concludes that
the will of the delegates is not clear from the show of raised hands, then
the
Election Administrator
shall administer a roll call of the convention by state.
5-11.4 If the delegates do not approve of the Vice Presidential
nominee, the Presidential nominee shall propose another candidate for approval
by the convention
delegates. This process shall continue until a Vice Presidential nominee
is approved.
Section 5-12 Appeals from a Decision of a Presiding Officer
5-12.1 Form of appeals
Should any Delegate object and be joined by at least four other Delegates
representing any five accredited state Parties or Caucuses asserting that
any ruling of
one of the Honorary Co-Chairs, the Election Administrator or one of the
Facilitators on any point with respect to the conduct of their responsibilities
to the
Convention was made contrary to the rules governing
such rulings, such objection shall be recognized, and shall serve to initiate
an appeal from the decision. A Delegate may raise such an objection by
respectfully addressing
the presiding officer and stating: "I appeal from the decision of the chair
because this ruling is contrary to our rules" and then
explaining the inconsistency. Any such appeal which is then joined by
sufficient cosponsors as required by this paragraph shall stay
the effect of that decision, pending the resolution of the
appeal.
5-12.2 Putting the appeal to the body
The Presiding Officer shall acknowledge the appeal by stating
to the body the point ruled on, the officers's decision on it
and
shall then
put
the appeal to the Convention. The question put to the body
shall be framed as: "Shall the body sustain the decision of the Chair
that . . . "
5-12.3 Debate and Convention consideration of an appeal
Debate on the correctness of the ruling shall be limited to ten
minutes. The presiding officer shall then put the question of the
appeal to the
body for
a vote.
5-12.4 Resolution of an appeal
The ruling of the presiding officer shall be sustained unless overruled
by the vote of a majority of those voting, who voted in opposition
to the question
of
sustaining the decision, provided votes have been cast by Delegates
from at least a simple majority of the Accredited states and caucuses
eligible
to cast
votes
on the matter. All appeals from the decision of the chair shall be
made immediately, and no appeal shall be in order after other business
has
intervened from
the time of the alleged error and before the appeal
is sought.
5-12.5 Recording a protest in the minutes of the body
Any member may have entered in the official record a protest based
on any ruling so made. Said protest shall clearly and succinctly set
forth
the
grounds of
such protest and shall not exceed 200 words. It shall not impugn the
motive of the
body or any member
thereof.
Section 5-13 Adjournment of the Convention
On the vote of a simple two-third majority, the Convention may recess
till a time
certain, or adjourn.
