RULES FOR 2004 PRESIDENTIAL NOMINATING CONVENTION
Green Party of the United States
CONVENTION RULES AND PROCEDURES: CREDENTIALS AND DELEGATES
Adopted by the Coordinating Committee - November 16, 2003
FINDINGS AND INTENTION
It is the understanding of the Green Party of the United States 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 Green Party of the United States 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 Green Party of the United States to provide for a Green Presidential Nominating Convention - 2004 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 - 2004, called and organized by the Green Party of the United States, scheduled for, 2004, 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 Twelve months after the adjournment of the 2004 Presidential Nominating Convention, this policy shall stand repealed and shall have no further force or weight in any future Green Presidential Nomination Convention, unless subsequently enacted by the Coordinating Committee of the Green Party of the United States.
II. CREDENTIALS COMMITTEE
Until twelve months after the adjournment of the 2004 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 2004 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 2008 convention.
The Credentials Committee shall consist of fifteen members elected using preference voting by the Coordinating Committee of the Green Party of the United States. 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.
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 Green Party of the United States, 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 that 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 that 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 Green Party of the United States' Nominating Convention.
"Delegate" shall mean an individual named as a delegate by their state Party or by a non-ballot organization affiliated with the Green Party of the United States, 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 erson from a state that 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 Green Party of the United States, regardless of it's membership status with GPUS 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 that 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 Green Party of the United States on or before January 1, 2004, by any member state of the Green Party of the United States, by the Greens/ Green Party (USA) or byanother 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 that 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 - 2004 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.
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 - 2004 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. If the representation scheme described herein represents a significant burden or unachievable circumstance to a state due that state's election laws, the state may apply for a limited waiver from the AC, which shall give wide leeway for such exemptions.
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 Green Party of the United States, are organized, prior to October 1, 1999, under the Election Laws of their state, the delegation to the Green Presidential Nominating Convention - 2004 shall 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 Green Party of the United States, that party shall be regarded in the GPUS convention credentials process as having parity with non-ballot parties in other GPUS 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 Green Party of the United States 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 - 2004 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 Green Party of the United States, 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, 2004 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 GPUS 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 Green Party of the United States 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; firstname.lastname@example.org 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 GPUS 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 Green Party of the United States. 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 Green Party of the United States 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 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 a duplicate copy.
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 doorkeeper 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. TIMELINE1. The GPUS Coordinating Committee shall publish the rules and a call for nominations to the committee not later than two weeks after the adoption of this proposal. The Committee may begin to conduct business once the Coordinating Committee of the Green Party of the United States has certified the results of the election of members to the Credentials Committee. The Secretary of the GPUS 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, 2004.
5. The Committee shall convene at the Convention site no later than Friday morning, June 23rd, 2004.
D. PROCESS FOR CONSIDERATION OF LATE APPLICATIONS
Any application which is not submitted to the Committee by the May 10th, 2004 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.
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 Credentialing 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?'
Whenever the Committee has received a Challenge, it shall appoint five of its members to serve as a Challenge Panel. A majority of the Panel or of the committee of the whole shall hear the Challenger and the Respondent as well as any other witness called by a party to the Challenge or otherwise granted a hearing. 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 himself or herself 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.