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Rules of the Presidential Nominating Convention of the Green Party of the United StatesThe complete, approved resolution #361 can be downloaded as a PDF.
Article I. Rules Of The Presidential Nominating Convention Article II. Convention Of Delegates Article IV. Credentialing of Delegates Approval of the Winner of the IRV for National Convention Delegate Apportionment Formula
Rules of the Presidential Nominating Convention of the Green Party of the United StatesBackground The following articles include rules to govern the Presidential Nominating Convention; for the credentialing of delegations to the Presidential Nominating Convention; for promoting the use of proportional representation in the selection of state party delegations; for the creation and filing of state party delegation plans and their results; and to provide for the applications for waivers from these rules. Proposal Rules of the Presidential Nominating Convention ARTICLE I. 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: 1-1.4.1 adopt the Report of the Credentials Committee, determining the voting membership of the Convention. 1-1.4.2 adopt the Platform of the Green Party of the United States. 1-1.4.3 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. Section 2-1 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 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 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 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 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 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 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 website. 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 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 website of the Credential Committee in a timely manner. Section 2-9 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 website 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. Approval of the Winner of the IRV for National Convention Delegate Apportionment FormulaBackground The proposal of the Green Party of Virginia was the winner of the IRV vote, passed on 1/7/08 with Ranked Choice Vote - #332. The winning proposal must have a 2/3 majority, but neither the Voting Page nor IRV allow for determining the % of a majority. Therefore, the proposal that received the majority from the of this IRV vote is now submitted to another vote to gain 2/3 majority approval by the NC. This proposal is based directly on the results of the previous efforts to achieve a broad consensus for apportionment to the GNC. Proposal Delegate Apportionment -- GPVA http://green.gpus.org/vote-proposals/delapportionVA.html ARTICLE I - ALLOCATION METHOD ARTICLE II - DELEGATES AND VOTES ARTICLE III - ALLOCATION OF DELEGATES State: Delegates/Votes (% for informational purposes) * Alabama: 8 (1.0%) Total Possible Delegates - 836 ARTICLE IV Section 4-1 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 website 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 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 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 website of the Committee as required by this Paragraph. Section 4-4 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 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 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 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 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 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 website 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 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 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 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 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 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 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 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. Section 2. For purposes of the 2008 Presidential Nominating cycle only, and in order to accomodate the late adoption of these rules, the standing rules of the Presidential Nominating Convention are amended as follows: Article 2, is amended by striking Section 3, Paragraph 3 which reads: For purposes of the 2008 Presidential nominating cycle, the members of the committee shall be elected in two elections held four months apart, to name first eight members and then seven members. The first such election shall be held within four weeks of the adoption of these rules. in its entirety, and by inserting in its place, the following: For purposes of the 2008 Presidential nominating cycle, the members of the committee shall be elected in a single election to be called and conducted by the Steering Committee at the earliest possible opportunity. Article 2, is further amended, in section 7, Subparagraph 1(a), by inserting between "Presidential Noinating Convention," and "each", the following: and in 2008, within 14 days of the election of the Credentials Committee, so that the resulting subparagraph now reads: At least 120 days prior to the convening of each Presidential Nominating Convention, and in 2008, within 14 days of the election of the Credentials Committee, 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 website. Article 2, is further amended, in Section 8, Paragraph 1, by inserting between the words "convention delegation," and "a state party", the following: or in 2008, within 14 days of the election of the Credentials Committee, so that the resulting paragraph reads: Not later than 14 days following any action to fill seats on a state Green Party's convention delegation, or in 2008, within 14 days of the election of the Credentials Committee, 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. Article 4, Section 3, Paragraph 1, is amended by striking the words "four weeks" and inserting in their place the words "one week", so that the resulting paragraph reads: The Credentials Committee shall publish a "Call for Applications for Delegate Credentials" not later than one week after the committee has been elected. Article 4, Section 3, Paragraph 4, is amended by striking the the words "forty-five" and inserting "twenty-one", and by inserting immediately prior to the period, the words "or if later, fourteen days after the election of the Credentials Committee", so that the resulting paragraph now reads: The deadline for postmarking a credentials application to be considered prior to the convention shall be twenty-one days prior to the convening of the Presidential Nominating Convention, and not later than thirty days later than the delegation has been named, or if later, fourteen days after the election of the Credentials Committee. Article 4, Section 5, Paragraph 1, is amended by striking "forty-five" and inserting "twenty-one", and by striking "28" and inserting "14", so that the resulting Paragraph now reads: For any application filed both electronically and by mail twenty-one days or more prior to the convention, the Co-Chairs of the Credentials Committee shall respond within 14 days of receipt, certifying upon preliminary online examination that the Committee has either: Article 4, Section 9, Paragraph 3, is amended by striking "two-thirds" and inserting "simple", so that the resulting Paragraph shall read: The thirty-day deadline for the filing of a challenge may be waived if a simple 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. Article 4, Section 11, Paragraph 5, is amended by striking the word "five" and inserting the word "three", so that the resulting Paragraph shall read: At the conclusion of the hearings, the Hearing Officers shall have three days to deliberate within the email list before taking a vote on a resolution to the challenge. Section 3. The provisions of Section 2, which apply only to the 2008 Presidential Nominating Convention, shall sunset thirty days following the adjournment of the 2008 Presidential Nominating Convention, at which time the Secretary is instructed to restore and publish the standing provisions provided in Section 1, of this Proposal.
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