Green Party PNC Credentials Committee Rules
As Adopted by the Association of State Green Parties CC on 2-4-00
A Proposal adopted by the ASGP:CC
Offered by the Credentials Committee
To provide for Credentialing Rules of the June 2000
Denver Colorado Presidential Nominating Convention called by the
Association of State Green Parties; to provide for the Credentials
Committee, its membership, and the scope of its charge; to provide for
the publication and administration of the these rules; to provide for
the application for credentials by state Green Parties; to provide for
the committee's preliminary action on such an application; to provide
a process for resolving challenges to the actions of the Credentials
Committee; and for other purposes.
A Resolution of the Coordinating Council
of The Association of State Green Parties as adopted and
published on February 4th, 2000:
Whereas, the Association of State Green Parties is
committed to conducting a unified Presidential Nominating process to
select a nominee for President and for Vice-President which involves
all state parties organized in accordance with the ten key values of
the Green Party and their state's election rules.
NOW, THEREFORE, BE IT RESOLVED, that the
Association of State Green Parties adopts the following as the
Credentials Rules of the Green Presidential Nominating Convention
2000 scheduled for Denver Colorado, June 23-25th, 2000.
Credentials Rules of the
Green Presidential Nominating Convention 2000
I. Findings and Intention
It is the understanding of the Association of State
Green Parties that there presently does not exists a U.S. Green Party
to which are affiliated Green Parties of all fifty states and the
various districts and territories which participate in national
elections in the United States. It is further understood that until
such an organization exists, the Association of State Green Parties
has a responsibility to organize involvement in national elections,
including the ratification of platforms and the nomination of
candidates for a Green Presidential ticket, in such a way that is
inclusive of all legitimate Green organizing and activity in the
country and which does not exclude any legitimate Green organizing. It
is the intention of the Association of State Green Parties to provide
for a Green Presidential Nominating Convention - 2000 whose legitimacy
is recognized by the overwhelming majority of Green Party
organizations in the country which participate in electoral politics.
These rules shall govern the Green Presidential
Nominating Convention - 2000, called and organized by the Association
of State Green Parties, scheduled for Denver Colorado, June 23-25th,
2000, with respect to the credentialing of delegates who may exercise
the Convention power to nominate a Presidential ticket to run on the
Green Party line of each participating state Party and to deliberate
on, amend and adopt a national platform to express the Green Party's
position on critical issues of the day. Twelve months after the
adjournment of the 2000 Presidential Nominating Convention, this
policy shall stand repealed and shall have no further force or weight
in any future Green Presidential Nomination Convention, unless
subsequently enacted by the Coordinating Council of the Association of
State Green Parties.
II. Credentials Committee
A. Charge
Until twelve months after the adjournment of the
2000 Convention, there shall exist a Credentials Committee. The
Committee is charged with 1) disseminating these Credential Rules to
the state parties and to Greens seeking to form state parties, 2)
soliciting from state parties applications for delegate credentials,
3) making a preliminary ruling on each application, 4) developing and
publishing an official roster of Convention delegates and alternates,
5) administering delegate on-site registration 6) administering the
credentials challenge resolution process both prior to and at the
location of the Convention and 7) within twelve months of adjournment
of the 2000 Presidential Nominating Convention, filing a report
evaluating the process used, the lessons learned and making
recommendations to the Coordinating Committee on changes recommended
for the 2004 convention.
B. Structure
The Credentials Committee shall consist of fifteen
members elected using preference voting by the Coordinating Council of
the Association of State Green Parties. Any Green who is a member of a
Green Party participating in the National Convention may put their
name forth to be a member of the Credentials Committee. Delegates to
the Convention and non-delegates are eligible to be members of the
Credentials Committee. No more than two members of the Committee shall
be from any one state. No person may serve as a member of the
committee who resides in a state with partisan voter registration,
unless they are registered as a Green or if that is not possible has
declined to state their political affiliation. The Committee shall
elect two co-chairs after it is seated. The Committee shall also elect
a clerk.
C. Decision Making
1. Each meeting of the Committee conducted at the
site of the Convention shall be convened by one or both co-chairs or
in their absence from the Convention site, by another committee member
designated in writing by the consent of the co-chairs or by a majority
of the members of the Committee. An on-site meeting may be called by
posting six hours or more in advance and in a conspicuous manner the
time, place and agenda of the proposed meeting 1) at the regular place
of business of the committee, 2) at the door of the committee's usual
meeting place and 3) as appropriate the door of the meeting place
assigned to the meeting in question. A quorum for the conduct of
business shall 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, except for
meetings considering only preliminary actions which may conduct
business when any five or more committee members from five or more
states are present at the time and place designated in a notice posted
at the regular place of business of the committee.
2. For any decision-making conducted online a
resolution of the committee shall be deemed to have passed with a
two-thirds super-majority support of the members voting and a majority
of the members participating in the email referendum. Any question put
to the committee shall be published with a subject line that
identifies it for committee action and voting shall not be opened for
one week and shall not remain open for less than one nor more than two
weeks, as determined by consent of the co-chairs and the clerk, in
their sole discretion.
3. The Clerk shall serve as the custodian of all
applications and shall maintain a chain of custody log which documents
the handling of each application. The clerk shall, once on site,
provide for the Committee a complete file of applications and the
chain of custody log and once on site, may delegate to shifts of two
or more committee members the custody of the file and log.
III. Definitions
As used in this agreement, the term:
"Activity" shall mean three or more
Greens residing in the same Congressional District who, since January
1, preceding the previous Presidential election, cooperated in
campaigning as Greens for a Green candidate in a partisan race, or for
a ballot initiative, referendum or a non-partisan candidate which was
endorsed by a Green Party local or state organization or the candidate
of another emerging independent political party which is not the
Republican or Democratic Party, which candidate was cross-endorsed by
a Green Party local or state organization or has circulated a ballot
access petition for such a candidate.
"Alternate" shall mean an individual
named a delegate-alternate by their state Party or by a non-ballot
organization affiliated with the Association of State Green Parties,
or by a Convention held in a state without a state Green Party where
the participants agreed to organize a statewide Green Party and who
has been issued delegate-alternate credentials by the Credentials
Committee, except that no state shall name, nor shall the Credentials
Committee credential, more alternates than the number of delegates to
which the state is entitled. "Alternate" shall not mean a
person from a state which permits partisan voter registration unless
they have registered to vote as a Green or, if that is not possible
have declined to state a partisan affiliation.
"Campaigning" shall mean fielding and
supporting a Green Party nominee in a local partisan race, fielding a
Green volunteer effort in support of a Green Party endorsed candidate
in a non-partisan race, hosting a campaign event for a Green Party
nominee in a state-wide partisan race, hosting a state Party
Convention or a local, state or national Green Party meeting,
supporting such a campaign with petition-circulating, door-knocking,
phone-banking, visibility work, organizing local endorsements or other
activities reasonably expected to generate ballot access and / or
votes for a candidate nominated or endorsed by a Green Party
organization or for a Presidential nominee of the Green Party.
"Challenge Panel" shall mean those five
members appointed by the Credentials Committee charged with making a
report to the Credentials Committee on a recommended resolution to a
challenge and with conducting a hearing on a specific challenge filed
with the Committee assigned to the challenge panel.
"Challenger" shall mean a Delegate of
another state or one of the three Greens who are a member of or
registered with a Green Party from the challenged state who has, while
under oath, filed an affidavit swearing or affirming the accuracy of
its contents and which is entitled "Challenge to the Credentials
of the Delegation from the State of _________".
"Challenger" shall not mean a person from a state which
permits partisan voter registration unless they have registered to
vote as a Green or, if that is not possible have declined to state a
partisan affiliation.
"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 as
the delegate issued the credentials - the right to vote on any matter
before the Convention.
"Credentials Roll" shall mean the form,
completed and signed by a delegate or delegate-alternate when picking
up preliminary credentials from the Credentials Committee at the site
of the Convention, which pledge the delegate or delegate-alternate 1)
to not oppose the presidential and vice presidential candidates
nominated by the Convention and 2) to support the rules of the
Association of State Green Parties' Nominating Convention.
"Delegate" shall mean an individual named
as a delegate by their state Party or by a non-ballot organization
affiliated with the Association of State Green Parties, or by a
Convention held in a state without a state Green Party where the
participants agreed to organize a statewide Green Party and who has
been issued delegate credentials by the Credentials Committee, unless
the Credentials Committee has sustained a challenge to their
credentials and the Committee's action to sustain the challenge has
not been subsequently overturned by the Convention.
"Delegate" shall not mean a person from a state which
permits partisan voter registration unless they have registered to
vote as a Green or, if that is not possible have declined to state a
partisan affiliation.
"Green" shall mean a statewide Party, a
statewide organization, a local which is organized based on (or an
individual who is committed to) the values of the Green movement and
which values shall include as a minimum: peace and non-violence,
social justice, grassroots democracy and ecological wisdom.
"Green Elected Official" shall mean a
Green 1) who holds an elected office in a federal, state, county,
municipal, special district or other publicly elected body and 2) who
was elected to that office having been nominated or endorsed by a
state or local Green Party organization, and 3) who in those states
that provide for partisan voter registration has been a registered or
enrolled Green party member for at least six months prior to the
Convention and 4) who appeared on the ballot as a nominee of the Green
Party or as a candidate for non-partisan office, so long as, if they
were cross-endorsed by the Green Party, they were not also the nominee
of another political party having national party or committee FEC
status. 'Green Elected Official' shall also mean someone, in those
states providing
for partisan voter registration who complies with conditions 1) and 3)
of this definition and who has since being elected publicly switched
their voter registration to the Green Party of their state.
"Green Party" shall mean a Green political organization
which is eligible for membership with the Association of State Green
Parties, regardless of it's membership status with the Association and
which is organized consistent with the election laws of its state,
regardless of whether that Green Party has yet achieved ballot
access.
"Hearing Officer" shall mean one of the
five members of the Credentials Committee who are designated by the
Committee as a Challenge Panel to conduct a hearing of the evidence
relevant to a particular Challenge which has been granted a hearing by
the Committee and to make a report back to the Committee of their
recommendations.
"Identified" shall mean those Green
organizations identified publicly to the Secretary of the Association
of State Green Parties on or before January 1, 2000, by any member
state of the Association of State Green Parties, by the Greens/ Green
Party (USA) or by another Green group as a functioning Green
organizations, regardless of the identified organization's affiliation
or lack thereof with a national Green organization. Identified shall
not mean any such organization which is not and has not functioned for
12 or more months, nor any such organization which is inconsistent
with this policy's definition of "green".
"Petitioner" shall mean a state Party
which has filed an Application for Credentials with the
Committee.
"Presiding Hearing Officer" shall mean
that hearing officer chosen by any Challenge Panel to preside over the
Panel's deliberations on the Challenge assigned to it.
"Public Statement of Truth" shall mean a
statement in an affidavit challenging the credentials of a delegate or
delegation or in testimony before a Challenge Hearing Panel that the
testimony offered is the truth, and shall serve the same function as
an oath or affirmation.
"Respondent" shall mean the spokesperson
designated by a delegation whose application is challenged or, in the
case of a Challenge by a Party to the Committee's action on its own
application the spokesperson designated by the committee.
"State" shall mean a state, district or
territory entitled to choose members of the Presidential Electoral
College.
IV. Delegates to the Presidential Nominating
Convention
The Green Presidential Nominating Convention - 2000
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.
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 that are currently disenfranchised. Each
delegation shall be entitled to a number of delegates and to a number
of votes based approximately on the number of electors its constituent
state is entitled to in the Electoral College and calculated by the
following formula.
Each credentialed state party shall be entitled to
two delegates, plus one additional delegate for each Congressional
District in which the Party has campaign activity.
Until the adjournment of the 2000 Presidential
Nominating Convention, a state Green Party may name additional
delegates for each elected Green official within the state elected at
the state or federal level, or who have been elected with over 500
votes. A state Green Party may also name an additional delegate for
every five elected Greens receiving less than 500 votes. Upon the
adjournment of the 2000 Presidential Nominating Convention, this
paragraph shall stand repealed and shall have no further force or
weight in any future Green Presidential Nomination Convention, unless
subsequently enacted by the Coordinating Committee of the ASGP.
A delegation which consists of fewer than its full
share of delegates shall be entitled to one vote per delegate present
at the Convention. No delegation or delegate from any state may vote
by proxy the votes of any other delegation or delegate, except that an
alternate who possesses both alternate credentials and the credentials
issued to a delegate from the same state Party organization which
elected the alternate may cast a vote on any issue before the
Convention for which the delegate is not present on the floor for the
vote.
V. Delegations - How Chosen
A. States with an existing Green Party
In those states with a statewide Green Party
organized under the Election Laws of their state, the delegation to
the Green Presidential Nominating Convention - 2000 shall be chosen in
accordance with the state Party's rules. The votes to which the
Delegation is entitled shall be apportioned in accordance with the
state Party's rules. It is hoped that each state Green Party shall
choose a delegation that reflects the diversity of the people of that
state.
B. States with more than one Green Party
In those states where two or more statewide Green
Parties, which are either both recognized or both not recognized as
affiliates of the Association of State Green Parties, are organized,
prior to October 1, 1999, under the Election Laws of their state, the
delegation to the Green Presidential Nominating Convention - 2000
shall be chosen as agreed jointly by each affected statewide Green
Party. The votes to which the Delegation is entitled shall be
apportioned as agreed jointly by each affected statewide Green Party.
In those states 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 statewide Green Party with ballot access may choose their
Convention delegates as if they represented a state with only one
state Green Party, using a selection process as specified by their
state election law. If a non-ballot party exists in that state and is
affiliated with the Association of State Green Parties, that party
shall be regarded in the ASGP convention credentials process as having
parity with non-ballot parties in other ASGP member states and
entitled to seat a delegation of its own if it can demonstrate
activity in Congressional Districts where the Party with ballot access
has not been active or is unable to find people willing to travel to
the Convention. If no state Party retains ballot access, any state
Party affiliated with the Association of State Green Parties may
choose their Convention delegates as if they represented a state with
only one state Green Party.
C. States with no existing Green Party
1. In those states where no Green Party is
organized at a state level, any three or more Green locals may by
joint resolution call a statewide Convention for the purpose of
electing the state's delegation to the Green Presidential Nominating
Convention - 2000 where such Convention also resolves to organize a
statewide Green Party under the laws of the state and to work for
ballot access. Such Call shall be published to all Greens and Green
locals identified to the Secretary of the Association of State Green
Parties, and to any Green local or Green statewide organization within
the state at least 30 days prior to the proposed statewide Convention.
Notice shall also go to each identified Green local or state
organization in any border state with a request to alert any known
Greens from the adjacent, unorganized state holding the Convention. In
the event that there exists fewer than three known Green locals in a
state, such Convention may be called by a joint resolution of all
known Green locals. In the event that there exists no identified Green
local willing to call such a statewide convention in a state, such
Convention may be called by any five or more residents who subscribe
to Green values. The votes to which the Delegation is entitled shall
be apportioned as agreed jointly by the statewide Convention. The
failure of existing Green organizations within such an unorganized
states to publish a Call for such a statewide convention prior to
March 15th, 2000 shall serve as prima-facie evidence of that they will
not do so.
2. 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 to a
Green Presidential Nominating Convention, no such Delegation shall be
seated, except by special dispensation of the ASGP Coordinating
Committee, or of the Presidential Nominating Convention, once it has
convened. In those states with no 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 Association of State Green Parties were it to apply.
D. Use of Proportional Representation is
urged
Each state Green Party is encouraged to select its
delegates in a way that offers representation proportional to the
support each tendency 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. Participating Parties are urged to consult with the Center for
Voting and Democracy; http://www.fairvote.org/;
6930 Carroll Ave. Suite 901; Takoma Park, MD 20912; (301) 270-4616; cvdusa@aol.com
for sample rules and advice on the administration of elections under
proportional representation schemes.
VI. Credentials Process
A. Delegate Credentials Process
1.The Convention Committee shall publish this
policy, including an original of each form relevant to the
credentialing process, on the ASGP website, and send it to each
recognized Green Party which is organized in the country, whether or
not that Party is a member of the Association of State Green Parties.
In addition, this Policy shall be included in every organizing packet
provided to Greens in unorganized states who seek the Association's
assistance in organizing a state Green Party, and a synopsis shall be
made available to anyone inquiring of the Convention Committee for
registration information.
2. Each state Green Party which desires to
credential a delegation to the Presidential Nominating Convention
shall submit both an electronic application by email and a paper
version of the application by mail to the Credentials Committee prior
to the May 10th application deadline (unless granted an extension by
the committee) which application a) shall bear the witness of the
officers of the Party that delegates named in the application were
duly elected as delegates to the Convention as provided for in the
rules of the state Green Party, "b) states that it is a member of
the Association of State Green Parties or if not a member states that
it has demonstrated to the Credentials Committee that it is eligible
for membership with the Association," c) states that it is the
policy of the Party that neither its Presidential Nominating
Convention delegates nor its Presidential electors will work in active
opposition to the Presidential Slate nominated by the Green Party
Presidential Nominating Convention, d) includes a certified copy of
the minutes of the state Convention or other body of the Party
authorized to elect the delegation, which minutes document the
delegate election, e) includes 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, f) identifies by name, date of birth, residential
address, phone and fax numbers email address and the party with which
they are registered to vote (where that is possible) each delegate and
delegate- alternate elected by the Party, g) for any delegate who may
be credentialed on the basis of their party's electoral success,
attaches documentation of the election results and the endorsement or
nomination of the Green candidate who's showing in the polls is the
basis of the delegate's eligibility for credentials, and h) describes
for each Congressional District in the state, the nature and time
frame of any Green activity in the District.
3. The clerk of the Credentials Committee shall
make the application and all attachments available online at a
web-site to the Committee and to any delegate awarded preliminary
credentials by the Committee. The on-line files shall contain links to
a text version and a PDF version of each application and any
attachment except that the clerk shall describe in the text version of
the application any attachment which was not not made available by the
state Party making application.
4. For any application filed both electronically
and by mail, forty-five days or more prior to the Convention, within
four weeks of receipt, the chair of the Credentials Committee shall
respond certifying upon preliminary online examination, that the
committee has found the form of the application to be consistent with
these rules and with a preliminary finding of the number of delegates
the Committee expects will be credentialed at the Convention.
5.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 and the volunteers
role shall be limited to providing administrative support. 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. 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.
6. No application for Credentials shall be accepted
unless the original is filed with a copy. The clerk of the Credentials
Committee shall sign the application and its copy, certifying the
receipt of same.
7. During the hours of the booth's operation the
Credentials Committee shall convene to give preliminary consideration
to any challenge received not more than three hours after the receipt
of an application. For the purposes of preliminary consideration of a
challenge, a quorum of the committee shall consist of a minimum of
five members from five different states.
8. Credentials shall be issued on-site by the
Committee during normal operating hours only at the usual place of
business for the Committee or at the entrance to the Convention floor
to each delegate or delegate alternate who signs the Credentials Roll
and only when they have been granted credentials by the granting in
whole or in part of an application to the Committee and to delegates
who identify themselves with a voter registration card.
9. Until the adoption of the Credentials Report,
the Convention shall consist of those applicants granted preliminary
credentials by the Committee.
10. A report of the Credentials Committee actions
shall be compiled and presented to the Convention for their adoption.
A majority of the Convention may 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. The Convention is authorized to elect a
door-keeper 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.
B. Delegate Credentials and Challenge Forms
The Credentials Committee shall have the power to
develop and adopt such forms and other materials as may be consistent
with this policy as will facilitate the conduct of the Credentialing
process and fully describe to Parties wishing to credential a
delegation the requirements for successfully credentialing at the
Convention. The Credentials Committee shall have the power to develop
and adopt such forms and other materials which consistent with this
policy will facilitate the conduct of the Challenge process and fully
describe to petitioners wishing to challenge the Committee's actions
the criteria for the resolution of Credentials Challenges.
C. Timeline
1. The rules and a call for nominations to the
committee shall be published not later than two weeks after the
adoption of this proposal by the ASGP Coordinating Committee. The
Committee may begin to conduct business once the Coordinating
Committee of the Association of State Green Parties has certified the
results of the election of members to the Credentials Committee. The
Secretary of the ASGP shall serve as custodian of all Committee
correspondence and applications until the Committee begins to operate
and elects a clerk and co-chairs. Should five or more Committee
members find themselves at the Convention site and one or more of the
officers is absent from the site, the Committee may convene and hold
an election to elect interim officers to fulfill the duties of an
absent officer until their arrival at the Convention.
2. The Committee shall publish a call for
Applications for Delegate Credentials not later than four weeks after
the Committee may be elected and seated.
3. The committee shall conduct bi-weekly email
polls of its members to take preliminary actions on any applications
that may be filed with the Committee.
4. The deadline for postmarking an application or
challenge to be considered prior to the Convention shall be May 10th,
2000.
5.The Committee shall convene at the Convention
site no later than Friday morning, June 23nd, 2000.
D. Process for consideration of late
applications
Any application which is not submitted to the
Committee by the May 10th, 2000 filing deadline may be considered by
the Credentials Committee if the applicant has requested and been
granted an extension of the filing deadline prior to that deadline or
with the consent of a 2/3 majority of the Committee. The committee
shall grant such an extension if a majority of the Committee finds
that the application for an extension 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 or if a 2/3 super-majority finds that equity and justice in
the Credentialing process would be served by granting the application
for an extension.
VII. Challenges
A. How Initiated
Any three Greens, who are either registered with or
a member of a Green Party from the state whose credentials they seek
to challenge, any three or more delegates extended preliminary
credentials by the Credentials Committee or any state delegation may
initiate a challenge to the preliminary credentials of a delegate or
delegation by filing with the Credentials Committee four copies of an
affidavit entitled "Challenge to the Credentials of the
Delegation from the State of _________", which by oath or
affirmation attests to the accuracy of its contents and states that
either 1) a state party is not qualified under the rules to elect and
seat a delegation, 2) the number of delegates issued preliminary
credentials by the Committee is more than or less than the number the
delegation is entitled to under the rules or 3) an individual delegate
issued preliminary credentials is not entitled under the rules to
serve as a delegate.
The Credentials Committee may only consider a
challenge if it was filed within thirty calendar days of either a) the
granting of the challenged application, or b) the granting of the
application making one or more challengers eligible to file the
challenge, unless a two-third majority of the Committee grants a
motion to extend the deadline which motion argues that equity and
justice in the Credentialling process would be served by the
Committee's consideration of the attached challenge.
Each challenge shall make specific reference to the
application challenged, citing the seats challenged and stating its
claim that the preliminary recommendation of the Credentials Committee
should be reconsidered. Any petitioner filing such an affidavit may
file as well four copies of any attachments intended to support or
make their case. 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 clerk of the Credentials Committee. Any challenge initiated after
that date may be filed with the Committee at its regular place of
business during normal operating hours at the Convention.
Once a day, and one hour before the Convention
convenes each day, the Committee shall convene to consider any
challenge to the granting of preliminary credentials which has been
recommended by a Challenge Panel of the Credentials Committee. A
quorum of this committee shall 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. A majority of the committee voting may grant or deny, in
whole or in part, a challenge of an application for credentials, as it
was presented or as amended by a majority of the committee.
B. Criteria for resolution
Whenever any Challenge is considered by the
Committee, the question before the Committee shall be: "Does a
preponderance of the evidence compel us to reconsider our action on
the challenged application and reach a different result?'
C. Hearings
Whenever the Committee has received a Challenge, it
shall appoint five of its members to serve as a Challenge Panel. 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 Panel or of the committee of the whole.
First the petitioners bringing the affidavit shall make their case
presenting any exhibits relevant to the proceeding, subject to
cross-examination and objections to the relevance of the evidence.
Then the delegation whose application is challenged or, in the case of
a Challenge by a Party to the Committee's action on its own
application, the spokesperson for the Committee shall respond to the
Challenge, presenting any exhibits relevant to the proceeding, subject
to cross-examination and objections to the relevance of the
evidence.
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.
In the event that deliberations on the challenge
occur online, a majordomo list serve shall be established for each
Challenge heard, in which the hearing officers, any parties to the
action and any other witnesses shall have writing privileges and any
member of the Credentials Committee and any delegate granted
preliminary credentials by the Committee shall have password access to
web archives of the hearing. Any exhibits offered as a part of the
Challenge, not already in the record of the application, shall be made
available online by the clerk as if it were an application to the
Committee.
The presiding hearing officer shall initiate a
thread on any procedural motion in which all subscribers with write
authority may participate to make and respond to procedural motions.
Each party shall initiate a thread with a subject: "Arguments for
the (Challenger/ Respondent)" and one called "Testimony of
_________" for each witness in which all parties may examine and
cross-examine. The Challenger shall have one week to present their
testimony through the list serve and may call and examine any delegate
granted preliminary credentials, any officer of a Party 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 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."
Any of these rules may be suspended with the
consent of both parties and the hearing officers. At the conclusion of
the hearings, the hearing officers shall have one week to deliberate
within the list serve before taking a vote on a resolution to the
Challenge.
D. Committee consideration
The Committee, when in receipt of a Challenge shall
serve the complaint on the delegation Challenged and schedule the
matter for preliminary consideration at the next meeting of the
Committee or via email, depending upon when the challenge is received.
At a preliminary hearing on a Challenge, if the Respondent has filed
their Response or if prior to the Convention two weeks have elapsed
since the Challenge was filed or if at the Convention, 24 hours have
elapsed, the Committee may rule on the Challenge with the consent of
both Parties, or may appoint a Challenge Panel of five hearing
officers to hear the evidence and make its report back to the
Committee.
Any member of the Credentials Committee who resides
in the state which is the subject of a challenge, or is challenging
the seating of any other delegates, shall recuse themselves from the
consideration of any procedural or substantive question related to
such a challenge. The committee shall not appoint to any challenge
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.
Both challenger and challenged may provide to the
Credentials hearing panel a copy of any state law or rule upon which
their challenge or rebuttal is based. With regard to any challenge to
the assertion of Green activity as defined in this document,
challenged Green parties claiming delegates in the Green activity
category may provide reasonably objective proof of such activity,
including but not limited to: signature petitions,
newspaper/periodical articles or advertisements, public announcements
of Green events, internal publications, mailings, etc, record of media
appearances, public or government proceedings, agendas and prepared
testimony or statements, etc., including mention of the Green party or
its representatives as well as the dates and names of publications and
such proceedings.
At the preliminary hearing, or at a subsequent
hearing after the report of the Challenge Panel, the 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?'
If a majority votes in the negative, the Challenge
is denied and the Challenger may appeal to the Convention. If the
majority of the Committee votes in the affirmative, the Challenge is
granted and the Respondent may appeal to the Convention. If the
Challenge is granted, the seats or delegates challenged are then
subject to the reconsideration of the Committee and the Committee may
hear motions for the granting or denial of credentials for any
Challenged seat or delegate.
E. Convention Consideration of Appeals to a
Challenge
After the consideration of the Credentials
Committee report, the Convention shall consider any challenge where
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 10% or more of the Committee has filed a minority
report recommending Convention action.
Original Headers of Rules as published February
4th, 2000
Any conflicts between this version of these rules
and those rules published as described in the headers below reflect
secretarial errors introduced by Hugh Esco on March 8th, 2000 when
these rules were established in this format and should be resolved in
favor of that version originally published on February 4th. Please
report any such errors discovered to Hugh Esco at hesco@greens.org
so that future printings of this document may correct such
errors.
Date: Fri, 04 Feb 2000 17:18:27 -0700
