Draft GPUS Convention Rules Amendment
CONVENTION RULES RULES OF THE PRESIDENTIAL NOMINATING CONVENTION OF THE GREEN PARTY OF THE UNITED STATES Article I. Rules Of The Presidential Nominating Convention – (approved November 18th, 2007) Section 1-1 Name, Findings, Intention, Scope and Powers Section 1-2 Convention of Delegates Section 1-3 Delegate Apportionment Section 1-4 Credentialing of Delegates Section 1-5 Voting and Floor Rules
Article II. Convention Of Delegates – (approved November 18th, 2007) Section 2-1 Delegations per State, District or Territory Section 2-2 States With An Accredited Green Party Section 2-3 States With A Green Party, Not Accredited With the Green Party of the United States Section 2-4 States With More Than One Green Party Section 2-5 States Without A Green Party Section 2-6 Diversity and Representation in Delegations Section 2-7 Delegation Plans for Selection and Instruction of Delegates Section 2-8 Reporting the Results of the Delegate Selection Process Section 2-9 Compliance With These Rules
Article III. Apportionment Of Delegates
Article IV. Credentialing of Delegates – (approved June 2nd, 2008) Section 4-1 Delegate Credentials Process Section 4-2 Delegate Credential Applications – Content of Submission Section 4-3 Delegate Credential Applications – Timing and Receipt of Submission Section 4-4 Delegate Credential Applications – Process for Consideration of Late Filings Section 4-5 Delegate Credential Applications – Preliminary Findings of the Credentials Committee Section 4-6 Preliminary Credentialing of Delegates Section 4-7 Initiating Challenges to Preliminary Findings and/or Preliminary Credentialing Section 4-8 Filing Challenges to Preliminary Findings and/or Preliminary Credentialing Section 4-9 Consideration of Challenges to Preliminary Findings and/or Preliminary Credentialing Section 4-10 Appointment of Challenge Hearing Panel Section 4-11 Challenge Hearing Process On-Line Before the Convention Section 4-12 Challenge Hearing Process At the Convention Section 4-13 Recommendation of the Challenge Hearing Panel Section 4-14 Ruling of Credentials Committee on Challenges Section 4-15 Credentials Committee Operations at the Convention Section 4-16 Adoption of Credentials Report
Article V. Floor Rules – (approved July 8th, 2009, amended July 11th, 2008) Section 5-1 Title, Scope and Intention Section 5-2 Honorary Co-Chairs Section 5-3 Election Administrator Section 5-4 State Delegation Reporters Section 5-5 Enforcement of State Instructions Shall be a State Matter Section 5-6 Decision-Making by the Convention Section 5-7 Approval of Credentials Committee Report Section 5-8 Approval of Platform Section 5-9 Presidential Candidate Speeches Section 5-10 Nominating a Presidential Candidate Section 5-11 Nominating a Vice Presidential Candidate Section 5-12 Appeals from a Decision of a Presiding Officer Section 5-13 Adjournment of the Convention
ARTICLE I. RULES OF THE PRESIDENTIAL NOMINATING CONVENTION
Section 1-1 Name, Findings, Intention, Scope and Powers
1-1.1 This policy shall be known as the “Rules of the Presidential Nominating Convention of the Green Party of the United States”, shall apply to the Presidential Nominating Convention of the Green Party of the United States held every four years, and may be cited as the Convention Rules.
1-1.2 The bylaws of the Green Party of the United States provide that “The presidential nominating convention of the Green Party is the delegated decision-making body responsible for nominating the national Green Party’s presidential and vice presidential candidates and approving the Green Party’s national platform.”
1-1.3 It is the intention of Green Party of the United States to provide for Presidential Nominating Conventions whose legitimacy is recognized by the member state Green Parties.
1-1.4 Each Presidential Nominating Convention shall have the powers to:
1-1.4(a) adopt the Report of the Credentials Committee, determining the voting membership of the Convention.
1-1.4(b) adopt the Platform of the Green Party of the United States.
1-1.4(c) conduct an election to name the Green Party nominees for President of the United States and Vice President of the United States.
1-1.5 Limit of powers of the Presidential Nominating Convention
Those powers not enumerated herein as delegated to the Presidential Nominating Convention by the National Committee, are reserved to the National Committee or to the state Parties.
Section 1-2 Convention of Delegates
1-2.1 Each Presidential Nominating Convention of the Green Party of the United States shall consist of delegates chosen as provided by this policy, among whom shall be apportioned the votes of the convention as provided by this policy.
Section 1-3 Delegate Apportionment
1-3.1 The number of delegates to which each state Green Party shall be entitled shall be apportioned according to a Presidential Nominating Convention Apportionment process, procedure or formula approved by the National Committee of the Green Party of the United States; and such process, procedure or formula shall become Article III of these Convention Rules.
Section 1-4 Credentialing of Delegates
1-4.1 The manner in which delegates shall be credentialed shall be according to a process or procedure approved by the National Committee of the Green Party of the United States; and such process, procedure or formula shall become Article IV of these Convention Rules.
Section 1-5 Voting and Floor Rules
1-5.1 The manner in which votes of the convention shall be cast, and the business of the convention conducted, shall be according to a process or procedure approved by the National Committee of the Green Party of the United States; and such process, procedure or formula shall become Article V of these Convention Rules.
ARTICLE II. CONVENTION OF DELEGATES
Section 2-1 Delegations per State, District or Territory
2-1.1 One Delegation Per State, District or Territory
The convention shall consist of one Green Party delegation from each state entitled under the U.S. Constitution to choose members of the Presidential Electoral College, and from those territories and districts of the United States that are currently disfranchised.
2.1.2 Disfranchised Districts and Territories
Until otherwise amended by the National Committee of the Green Party of the United States, the list of those territories and districts that are considered to be disfranchised and are entitled to send a delegation to the Convention include the District of Columbia, the island of American Samoa, the island of Guam, the island of Puerto Rico and the United States Virgin Islands of Saint Croix, Saint John, Saint Thomas and Water Island.
2-1.2(a) Except as explicitly provided, all references in this document to states and statewide Green Parties as it pertains to delegates shall be considered to apply to these districts and territories where there are Greens both organized in them and seeking representation at the convention.
Section 2-2 States With An Accredited Green Party
2-2.1 In those states with a statewide Green Party organized under the election laws of their state, and accredited as a member state party of the Green Party of the United States, the Delegation to each Presidential Nominating Convention shall be chosen pursuant to that state party’s rules for naming their delegation to such convention. The votes to which each such Delegation is entitled shall be apportioned in accordance with the state party’s rules.
Section 2-3 States With A Green Party, Not Accredited With the Green Party of the United States
2-3.1 In those states with a statewide Green Party organized under the election laws of their state, but not accredited as a member state party of the Green Party of the United States, the Delegation to each Presidential Nominating Convention shall be chosen pursuant to that state party’s rules for naming their delegation to such convention. The votes to which each such Delegation is entitled shall be apportioned in accordance with the state party’s rules. In those states with no accredited statewide Green Party, no application for such an organizing party shall be granted unless the Credentials Committee finds that the applicant would be eligible to join the Green Party of the United States were it to apply.
Section 2-4 States With More Than One Green Party
2-4.1 In those states where two or more statewide Green Parties are organized under the election laws of their state prior to October 1 preceding each Presidential Nominating Convention, the Delegation to such Convention shall be chosen as provided by the rules of the statewide Green Party which is accredited as a member state party of the Green Party of the United States. The votes to which the delegation is entitled shall be apportioned as provided by such rules.
2-4.2 In those states where two or more statewide Green Parties are organized under the election laws of their state prior to October 1 preceding each Presidential Nominating Convention, where neither is accredited as a member of the Green Party of the United States and where one but not both of the state parties retain ballot access from a previous election and another party from the state does not have and cannot reasonably be expected to obtain ballot access, the Delegation to such Convention shall be chosen as provided by the rules of the statewide Green Party with ballot access. The votes to which each such Delegation is entitled shall be apportioned in accordance with the state party’s rules.
Section 2-5 States Without A Green Party
2-5.1 In those states where no Green Party is organized at a state level, any three or more local Green organizations, cumulatively comprising at least 15 individuals, may by joint resolution call a statewide convention under such rules as may be provided in such joint resolution, for the purpose of electing the state’s delegation to the Presidential Nominating Convention, where such statewide convention also resolves to organize a statewide Green Party under the laws of the state and to work for ballot access.
2-5.2 Those initiating the call and attending the convention are subject to the following conditions regarding their political party affiliation:
2-5.2(a) In states where party membership is defined by voter registration – and one can legally register Green – those comprising the call and those attending the convention must be a registered Green Party member; or
2-5.2(b) In states where party membership is defined by voter registration – but one cannot legally register Green – one cannot be a registered voter in another party; or
2-5.2(c) In states where party membership is not defined by voter registration, one cannot also be a member of another party.
2-5.3 Such a call shall be published to all Green locals within the state which have been identified to the Secretary of the Green Party of the United States; and such notice shall be published at least 30 days prior to the proposed statewide convention.
2-5.4 Such a call shall be published to any statewide Green Party in a geographically adjacent state for dissemination to each identified Green local or state organization in such border state with a request to alert any known Greens from the adjacent, unorganized state holding the convention.
2-5.5 Such a call shall be sent to the Secretary of the Green Party of the United States, so that the Secretary may publish the call to the National Committee.
2-5.6 The failure of existing Green organizations within such an unorganized state to publish a call for such a statewide convention prior to March 15th of each year during which a Presidential Nominating Convention is held shall serve as prima-facie evidence of that they will not do so.
2-5.7 In those states with no statewide Green Party where no agreement can be reached among a majority of participants in the state convention on how or whether to elect a Delegation, no such Delegation shall be seated, except by special dispensation of the National Committee, or of the Presidential Nominating Convention once it has convened.
Section 2-6 Diversity and Representation in Delegations
2-6.1 Each state Green Party is urged to choose a Delegation that, in addition to being representative of its membership, also reflects the diversity of the people of that state.
2-6.2 Each state Green Party is encouraged to select its delegates in a way that offers representation proportional to the support each candidate enjoys within the party, parties or confederation of locals represented by the delegation, and that allows the delegation to truly reflect the diversity of people within the state.
Section 2-7 Delegation Plans for Selection and Instruction of Delegates
2-7.1 Deadline for Submission of Delegate Plans
2-7.1(a) At least 120 days prior to the convening of each Presidential Nominating Convention, each state’s Green Party shall submit to the Credentials Committee, a Delegate Plan for selecting and instructing its delegation. The Credentials Committee shall post a copy of each Delegate Plan on its web site.
2-7.2 Content of Delegate Plans
2-7.2(a) Delegate Plans shall include a description of the methods used to learn the preferences of state Green Party members for the nomination for President at the Presidential Nominating Convention.
2-7.2(b) States are urged to provide in their Delegate Plans for a delegate selection process that offers representation proportional to the support each candidate enjoys within the state Green Party represented by the Delegation (or similarly where there is no state Green Party, as defined in Section 2-1) and that allows the Delegation to reflect the diversity within the state Green Party and the state’s population.
2-7.2(c) Delegate Plans shall provide explanation of the process to be employed to apportion delegates among the candidates seeking the nomination of the party, and for those that favor ‘none of the above’, ‘no nominee’ or other such preference.
2-7.2(d) Delegate Plans may provide for alternates for delegates, but shall not name, nor shall the Credentials Committee credential, more alternates than the number of delegates to which the state is entitled. Where alternates are provided for, Delegate Plans shall specify the manner in which they take the place of delegates and the instructions they have in doing so.
2-7.3 Change to Delegate Plans
2-7.3(a) After its Delegate Plan has been submitted to the Credential Committee, no change to the rules used by a state Green Party for selecting or instructing its delegation shall be binding unless the state Green Party submits within thirty days of such change to the Credentials Committee a supplementary report describing those amendments.
Section 2-8 Reporting the Results of the Delegate Selection Process
2-8.1 Not later than 14 days following any action to fill seats on a state Green Party’s convention delegation, a state party shall file with the Credentials Committee the results of its delegate selection process, including vote totals and the proportion of support enjoyed by each candidate seeking the nomination of the party, as well as a list of delegates and alternates and an explanation of how each has been instructed to vote in the first round of voting in the convention’s Presidential Nominating process.
2-8.2 A state-by-state summary of delegate pledges shall be made public on the web site. of the Credential Committee in a timely manner.
Section 2-9 Compliance With These Rules
2-9.1 If compliance with these rules and a state’s election laws creates a significant burden to a state Green Party, it may apply to the Credentials Committee for a waiver to such provisions of these rules as would best serve the democratic engagement of that state Green Party’s members in the national nominating process.
2-9.2 Each such application for a waiver shall be published on the web site. of the Committee, accessible to members of the National Committee and to Delegates and Alternates extended preliminary credentials.
2-9.3 The Credentials Committee shall have the discretion to consider such applications, and shall report to the National Committee each action by the Credentials Committee to receive, hold a hearing on, schedule debate on or consider the disposition of each such application.
ARTICLE III. APPORTIONMENT OF DELEGATES
Section 3-1. Size and Apportionment of Presidential Nominating Convention
3-1.1 The Presidential Nominating Convention shall consist of 400 +/- 2 delegates, to be allocated as follows: a) 4 delegates from each of the states where there is not an accredited state party, or where there is an accredited state party which is considered inactive under GPUS rules; b) 2 delegates from each of the unincorporated organized United States territories of Puerto Rico, Guam, Northern Mariana Islands, and United States Virgin Islands; c) 2 delegates selected by and from the ranks of each accredited GPUS caucus; d) the remaining number of delegates from states with an accredited and active state party, to be allocated based upon the formula delineated in Section 3-2;
3-1.2 The Presidential Nominating Convention shall additionally consist of a number of alternate delegates, where the number of alternates allocated to each state, territory, or accredited caucus shall be equal to the number of delegates so allocated.
Section 3-2. Allocation of Delegates to States with Accredited State Parties
3-2.1 Delegates shall be allocated to states with accredited and active state parties using the same apportionment categories used to determine the allocation of National Committee delegates delineated in Article 8 of the GPUS Rules and Procedures.
3-2.2 The minimum number of delegates to be allocated to every state with an accredited state party shall be four (4) delegates.
3-2.3 The tabulation method to determine the allocation of delegates to the National Committee, as outlined in Article 8, Section 6 of the GPUS Rules and Procedures, shall be used to allocate the number of Presidential Nominating Convention delegates to the various states with accredited and active state parties, except that: a) the number of delegates to be allocated (D) shall be 400 minus the number of delegates assigned to caucuses, territories, and states without affiliated and active state parties; b) the minimum percentage threshold shall be {4 / (D)} * 100%.
Section 3-3. Apportionment Tabulation Committee Authorization
3-3.1 Beginning in the year 2015, the Apportionment Tabulation Committee as defined in Article 8 of GPUS Rules and Procedures is authorized and directed to perform the tabulation for allocation of delegates to the Presidential Nominating Convention in the odd years preceding presidential election years, for the presidential election year next succeeding.
3-3.2 The Apportionment Tabulation Committee shall include in its report to the National Committee in such years the results of the Presidential Nominating Convention tabulation, including the delineation of delegate numbers assigned to states without active and accredited state parties, territories, and accredited caucuses.
3-3.3 The National Committee, upon approval of the Apportionment Tabulation Committee report, shall also be approving the final delegate allocation for the succeeding Presidential Nominating Convention.”
ARTICLE IV. CREDENTIALING OF DELEGATES
Section 4-1 Delegate Credentials Process
4-1.1 The manner in which delegates shall be credentialed shall be according to the process as defined in this article.
4-1.2 The Credentials Committee shall publish this policy on the web site. of the Green Party of the United States and send it to each accredited member state party and accredited caucus of the Green Party of the United States.
4-1.3 The Credentials Committee shall provide this policy to any non-accredited state Green Party (or group of Greens) that qualifies, or seeks to qualify, to send a delegation to the Presidential Nomination Convention.
4-1.4 The Credentials Committee shall make this policy available at the Convention as part of the registration process.
4-1.5 In publishing this policy, the Committee shall include each form as may from time to time be approved by the Committee to facilitate the credentialing process.
Section 4-2 Delegate Credential Applications – Content of Submission
4-2.1 Delegate Credential Applications shall state that the applicant state party is an accredited member state Green Party of the Green Party of the United States; or, if not a member, that it has submitted an application to the Accreditation Committee which demonstrates its eligibility for membership with the Green Party of the United States; or if the applicant is a caucus, that it is has been Accredited as eligible for representation on the National Committee of the Green Party of the United States.
4-2.2 Delegate Credential Applications shall include a copy of the approved minutes of the state convention, or other body authorized to name the delegation, which document the delegates’ selection; as well as a letter bearing the signature of the state party or caucus officers (or others authorized to make such a statement) certifying the authenticity of the minutes.
4-2.3 Delegate Credential Applications shall bear the witness of the officers of the caucus or party or others authorized to make such a statement that delegates named in the application were duly chosen as delegates to the convention as provided for in the rules of the caucus or state Green Party (or grouping of Greens where there is no state party). If approved minutes are not available, the Application shall include other documentation of the delegates’ selection.
4-2.4 Delegate Credential Applications shall identify the name, year of birth and residential address; and, if available, the phone and fax number and email address for each delegate and delegate-alternate chosen by the party or caucus. For each such person, the Application shall also indicate the political party with which they are registered to vote (where that is possible).
4-2.5 Delegate Credential Applications shall include copies of all portions of state election law which are relevant to the selection of delegates to a national convention, whether by primary, caucus, or petitions for national candidates.
4-2.6 Reserved.
4-2.7 Delegate Credential Applications shall state what the policy of the state party is, if any, regarding:
4-2.7(a) support of the Presidential Slate nominated by the Presidential Nominating Convention through the provision of its presidential ballot line where it exists; or, through the qualification of such nominated candidates as write-in candidates, if such is possible under the election laws of their state; and/or,
4-2.7(b) support of the Presidential Slate nominated by the Presidential Nominating Convention by its Presidential Nominating Convention delegates and/or its Presidential electors; and/or,
4-2.7(c) any prohibition to the opposition of the Presidential Slate nominated by the Presidential Nominating Convention by its Presidential Nominating Convention delegates and/or its Presidential electors and/or Presidential Nominating Convention delegates;
4-2.7(d) any other policy of the state party regarding its post-convention relationship to the Presidential Slate nominated by the Presidential Nominating Convention.
4-2.7(e) If there is no current policy on these subjects, the application shall state that the state Green Party has not adopted a policy on these subjects.”
4-2.8 While the Credentials Committee shall make available each application to each delegation provided preliminary credentials, they shall remove from publication the residential address, birth year, phone, fax and email of each person named for whom the Application indicates that the delegate or alternate has withheld consent for the release of such data; except that each application shall provide full contact information for at least one person designated as a point of contact for the delegation, party or caucus; excepting further that any Delegate or Alternate who has withheld consent for the release of their contact information shall provide an alternate mailing address and if available an email address for the configuration of an email forwarding alias. The Committee shall make such redacted data available only to the extent necessary to effectuate the Delegate and Alternate Credentialing and event registration processes. The Committee shall provide for anonymous forwarding email aliases for any Delegate or Alternate designated in an Application as having withheld their consent for the release of their personal contact information. The administrators for the Party’s domain name are instructed to provide for a suitable subdomain for the configuration of such email forwarding aliases as may be necessary to protect the privacy of Convention Delegates while making it possible for Delegates to communicate with one another about Convention business.
Section 4-3 Delegate Credential Applications – Timing and Receipt of Submission
4-3.1 The Credentials Committee shall publish a “Call for Applications for Delegate Credentials” not later than four weeks after the committee has been elected.
4-3.2 Each Accredited Caucus or state Green Party (or grouping of Greens where there is no state party) that desires to credential a delegation to the Presidential Nominating Convention shall submit both an original and duplicate hard copy of their Delegate Credential Application by U.S. Mail, as well as an electronic application by email. No application shall be accepted unless both original and duplicate and electronic versions are submitted.
4-3.3 Delegate Credential Applications must be submitted prior to the application deadline, unless granted an extension by the Credential Committee. Accredited Caucuses or state Green Parties that anticipate submitting their Delegate Credential Application after the deadline are encouraged to seek an extension before the deadline and as early as possible.
4-3.4 The deadline for postmarking a credentials application to be considered prior to the convention shall be forty-five days prior to the convening of the Presidential Nominating Convention, and not later than thirty days later than the delegation has been named.
4-3.5 The Credentials Committee shall sign the application and its copy, certifying the receipt of a duplicate copy; and within three business days, make the application and all attachments, except for such personal contact information redacted under the provisions of Article 4, Section 2, Paragraph 8, available online at a web site accessible to members of the Green National Committee, to members of the Credentials Committee and to any delegate awarded preliminary credentials by the committee. The web site shall contain links to a text version and a PDF version of each application and any attachment. Any paper attachment that was not made available in electronic form shall be specifically noted on this site. The Committee shall by Committee rule provide for a Terms of Service document to govern access to, use of and to prohibit the redistribution of such personal information as may be published on the web site of the Committee as required by this Paragraph.
Section 4-4 Delegate Credential Applications – Process for Consideration of Late Filings
4-4.1 Any application which is not submitted by the filing deadline may be considered by the Credentials Committee if:
4-4.1(a) before the filing deadline, a majority of the active Committee members voting find that the applicant has demonstrated that the functioning of the applicant’s state law operates to make meeting that deadline and serving the internal democracy of the party mutually exclusive, and has agreed to grant an extension of the filing deadline by their vote; or,
4-4.1(b) either before or after the deadline, a two-thirds majority of the active Committee members voting find that the applicant has demonstrated that justice in the credentialing process would be served by granting the application, and has agreed to grant an extension of the filing deadline by their vote.
Section 4-5 Delegate Credential Applications – Preliminary Findings of the Credentials Committee
4-5.1 For any application filed both electronically and by mail forty-five days or more prior to the convention, the Co-Chairs of the Credentials Committee shall respond within 28 days of receipt, certifying upon preliminary online examination that the Committee has either:
4-5.1(a) found the application to be consistent with these rules, with a preliminary finding of the number of delegates the committee expects will be credentialed at the convention; or,
4-5.1(b) found the application to be inconsistent with these rules, or incomplete with a preliminary finding of the number of delegates the committee expects will be credentialed at the convention; and, provide instructions on how the application may be corrected to be consistent and complete.
Section 4-6 Preliminary Credentialing of Delegates
4-6.1 Until the adoption of the Credentials Report, the Convention shall consist of those applicants granted preliminary credentials by the Credentials Committee.
4-6.2 Credentials shall be issued on-site by the Credentials Committee during normal operating hours, only at the usual place of business for the committee, or at the credentialing table, or at the entrance to the convention floor.
4-6.3 Each applicant delegate or delegate-alternate must be a member of a delegation that itself has been granted preliminary credentials by the Credentials Committee and must identify themselves with a state or school-issued picture ID, or are identified by the chair or other officer of their state delegation or caucus.
4-6.4 To receive credentials, each delegate or delegate-alternate must also sign the Credentials Roll that pledges them to support the rules of the Convention.
4-6.5 “Credentials” shall mean a color-coded, visible card which permits a delegate issued the credentials – or an alternate bearing alternate credentials who is from the same state or caucus as the delegate issued the credentials – the right to vote on any matter before the convention.
Section 4-7 Initiating Challenges to Preliminary Findings and/or Preliminary Credentialing
A challenge may be initiated by either:
4-7.1 any three or more Greens who are members of a Green Party from the state whose credentials they seek to challenge; or,
4-7.2 any three or more Greens who are members of an Accredited Caucus whose credentials they seek to challenge; or,
4-7.3 any three or more delegates extended preliminary credentials by the Credentials Committee; or,
4-7.4 any state or caucus delegation extended preliminary credentials by the Credentials Committee.
Section 4-8 Filing Challenges to Preliminary Findings and/or Preliminary Credentialing
4-8.1 Challenges shall be filed with the Credentials Committee and shall include an original and four duplicates of an affidavit entitled “Challenge to the Credentials of the Delegation from _________,” (designating the Caucus or State Party whose Credentials are challenged), which attests to the accuracy of its contents and states that, either:
4-8.1(a) a state party or caucus is not qualified under the rules to elect and seat a delegation; and/or,
4-8.1(b) the number of delegates and/or delegate-alternates issued preliminary credentials by the committee is more than the number the delegation is entitled to under the rules; and/or,
4-8.1(c) an individual delegate issued preliminary credentials is not entitled under the rules to serve as a delegate or delegate-alternate.
4-8.2 each challenge shall make specific reference to the application challenged, citing the delegate, seats and/or delegation challenged, and stating its claim that the preliminary recommendation of the Credentials Committee violates or is otherwise inconsistent with these rules and should be reconsidered.
4-8.3 Affidavits shall serve the same function as an oath or affirmation and shall carry the same responsibility to the truth on the part of their proponents.
4-8.4 If such an affidavit is filed twenty-one or more days prior to the convention, it may be filed by email and by mail, with the Credentials Committee.
Section 4-9 Consideration of Challenges to Preliminary Findings and/or Preliminary Credentialing
4-9.1 The Credentials Committee may only consider a challenge prior to the Convention if it was filed within thirty calendar days of either
4-9.1(a) The publication on the web site of the Credentials Committee of the minutes documenting the granting of the challenged application; or,
4-9.1(b) The granting of the application making one or more challengers eligible to file the challenge.
4-9.2 Any challenge initiated five or fewer days prior to the convening of the convention may be filed with the Credentials Committee at its regular place of business during normal operating hours at the convention.
4-9.3 The thirty-day deadline for the filing of a challenge may be waived if a two-thirds majority of the Credentials Committee grants a motion to extend the deadline, which argues that equity and justice in the credentialing process would be served by the Committee’s consideration of the attached challenge.
4-9.4 When in receipt of a challenge, the Committee shall serve the complaint on the delegation challenged and schedule the matter for preliminary consideration at the next meeting of the Committee; or, if filed two or more weeks prior to the convening of the Convention, shall be put to the Committee consistent with its practices for handling business online.
4-9.5 The delegation challenged shall appoint a respondent(s) to represent their position.
4-9.6 At a preliminary hearing on a challenge, if
4-9.6(a)(1) the respondent has filed their response; or,
4-9.6(a)(2) if prior to the convention, two weeks have elapsed since the challenge was filed and served on the respondent; or,
4-9.6(a)(3) if at the convention, 24 hours have elapsed since the challenge was filed and served on the respondent, the Credentials Committee may either
4-9.6(b)(1) rule on the challenge with the consent of both parties; or,
4-9.6(b)(2) may appoint a Challenge Hearing Panel of five hearing officers to hear the evidence and make its report back to the committee; except that,
4-9.6(b)(3) whenever the Committee has received a challenge and a response, and if the parties dispute the facts asserted in the challenge and/or response, the Committee must appoint a Challenge Hearing Panel.
4-9.7 Any member of the Credentials Committee who resides in the state that is the subject of a challenge, or is challenging the seating of any other delegates, shall be considered recused from the consideration of any procedural or substantive question related to such a challenge.
4-9.8 Any member of the Credentials Committee who is an active member of a Caucus that is the subject of a challenge, shall be considered recused from the consideration of any procedural or substantive question related to such a challenge.
Section 4-10 Appointment of Challenge Hearing Panel
4-10.1 Whenever a Challenge Hearing Panel is appointed, it shall consist of five Credentials Committee members, except that a Challenge Hearing Panel may consist of three members if conflicts and recusals, as defined in 4-10.3, preclude naming a five member Panel. The members shall be known as Hearing Officers. No more than one member of any state party may serve as a Hearing Officer.
4-10.2 Appointment of the Challenge Hearing Panel shall be by consensus, if consensus can be reached. If not, panel members shall be appointed by the Committee using preference voting, consistent with the process as defined in the Rules and Procedures of the Green Party of the United States, Article 7 Preference Voting Rules for Steering Committee Elections.
4-10.3(a) The committee shall not appoint to any Challenge Hearing Panel a committee member who resides in either the state whose credentials are being challenged or a state whose delegate is a challenger and a party to the action.
4-10.3(b) The committee shall not appoint to any Challenge Hearing Panel a committee member who is an active member of a Caucus whose credentials are being challenged.
4-10.4 Each Challenge Hearing Panel shall:
4-10.4(a) choose from among themselves a Presiding Hearing Officer who will have the responsibility to chair the proceedings and present the recommendations; and
4-10.4(b) be charged with conducting hearings on such challenges as may be assigned to them which have been filed with the Credentials Committee, and
4-10.4(c) make a report to the Credentials Committee with recommendations for the resolution of each such Challenge.
4-10.5 The Presiding Hearing Officer will be appointed by the Challenge Hearing Panel by consensus, if consensus can be reached. If not, the Presiding Hearing Officer shall be elected by the Challenge Hearing Panel using preference voting, consistent with the process as defined in the Rules and Procedures of the Green Party of the United States, Article 7. Preference Voting Rules for Steering Committee Elections.
Section 4-11 Challenge Hearing Process On-Line Before the Convention
4-11.1 In the event that deliberations on the challenge occur online before the Convention, a password-protected archived email list shall be established for each challenge heard.
4-11.1(a) Read/write privileges to the email list shall be extended to the Hearing Officers, as well as any parties to the action.
4-11.1(b) Moderated read/write access shall be extended to additional witnesses that are not one of the parties. Moderation shall be conducted by the Presiding Hearings Officer who shall exercise such power to permit a witness to offer testimony, but not to cross examine other witness, raise objections, or enter into the record other materials that are not germane to the matter at hand.
4-11.1(c) Read-only access shall be extended to any other members of the Credentials Committee and any delegate granted preliminary credentials by the committee.
4-11.2 Any documentation offered as a part of the challenge, not already in the record of the application, shall be made available online by the Presiding Hearing Officer as if it were an application to the Credentials Committee.
4-11.3 The Presiding Hearing Officer shall initiate an email discussion thread on any procedural motion to make and respond to procedural motions, in which all parties with read/write authority may participate. Each party shall initiate a thread with a subject: “Arguments for the (Challenger/ Respondent)” and one called “Testimony of _________” for each witness in which each Hearing Officer and all authorized parties may examine and cross-examine.
4-11.4 The challenger shall have five days to present their testimony and documentation through the email list, and may examine any delegate granted preliminary credentials by the challenged application, any officer of a state Green Party or Caucus whose application is challenged, or, with the consent of the Challenge Panel, another witness who can contribute relevant evidence which would not be in the record without their participation. The parties may use prepared interrogatories or may submit questions one at a time, as they prefer. Any member of the Challenge Hearing Panel may put a question to any witness or party in the appropriate thread. All witnesses or people submitting information to the Credentials Committee shall publicly state, “I publicly state that what I’m about to say is true.”
4-11.5 At the conclusion of the hearings, the Hearing Officers shall have five days to deliberate within the email list before taking a vote on a resolution to the challenge.
4-11.6 Any of these rules may be suspended with the consent of both parties and the Hearing Officers.
Section 4-12 Challenge Hearing Process At the Convention
4-12.1 Both the challenger and the respondent shall be heard, as well as any other witness called by a party to the challenge or otherwise granted a hearing by a majority of the Challenge Hearing Panel or of the Credentials Committee of the whole.
4-12.2 First, the petitioners bringing the challenge shall make their case by presenting any documentation relevant to the proceeding, subject to cross-examination and objections to the relevance of the evidence.
4-12.3 Then, the delegation whose application is challenged or, in the case of a challenge by a party to the Credentials Committee’s action on its own application, the spokesperson for the Committee shall respond to the challenge, presenting any documentation relevant to the proceeding, subject to cross-examination and objections to the relevance of the evidence.
4-12.4 No testimony shall be heard on-site unless notice of a hearing shall have been posted for three hours in the same manner and at the same places as is normally required for Credential Committee meetings.
Section 4-13 Recommendation of the Challenge Hearing Panel
4-13.1 Upon consideration of the evidence, the Challenge Hearing Panel shall attempt to achieve consensus on its recommendation. If consensus is not reached, a majority recommendation shall be filed and a minority recommendation may be filed, if any of those dissenting with the majority wish to do so.
Section 4-14 Ruling of Credentials Committee on Challenges
4-14.1 At the preliminary hearing, or at a subsequent hearing after the report of the Challenge Hearings Panel, the Credentials Committee shall consider the question for each party, seat or delegate challenged: “Does a preponderance of the evidence compel us to reconsider our action on the challenged application and reach a different result?”
4-14.2 If a majority of the Credentials Committee votes in the negative, the challenge is denied and the challenger may appeal to the Convention.
4-14.3 If the majority of the Credentials Committee votes in the affirmative, the challenge is granted and the respondent or the delegation in question may appeal to the Convention.
4-14.4 If the challenge is granted, and the state party or caucus is not qualified under the rules to elect and seat a delegation, then the seats in question shall be ruled vacant, unless otherwise appealed and overturned by the Convention.
4.14.5 If the challenge is granted, and the number of delegates and/or delegate-alternates issued preliminary credentials by the committee is more than or less than the number the delegation is entitled to under the rules, then the number of delegates and/or delegate-alternate credentials decided upon by the Credentials Committee shall be issued, unless otherwise appealed and overturned by the Convention.
4.14.6 If the challenge is granted, and an individual delegate or delegate-alternate issued preliminary credentials is not entitled under the rules to serve as a delegate or delegate-alternate, then that individual shall surrender their credentials, and may only be issued new credentials upon successful appeal to the Convention.
4.14.7 If the state party’s or caucus’ delegate plan does not provide for filling a seat ruled vacant by the challenge process, the Credentials Committee shall entertain proposals on how to fill it from the state or caucus delegation members signing the Credentials Application; except if the members signing the Credentials Application themselves are ruled not eligible for credentials, then any other officer of the party or caucus shall suffice to bring forward such a proposal, or at their discretion a proposal to leave such seats vacant.
Section 4-15 Credentials Committee Operations at the Convention
4-15.1 The Credentials Committee shall convene at the Convention site no later than twenty-four hours prior to the convening of the Presidential Nominating Convention.
4-15.2 Until the resolution of any pending challenges and the adoption of a Credentials Report by the Presidential Nominating Convention, the Credentials Committee shall operate a Credentials Committee office or booth at the site of the Presidential Nominating Convention for at least four hours each day, starting when five or more committee members from five or more states are on site, but in no case starting later than twenty-four hours prior to the convening of the Convention. The Credentials Committee may utilize volunteers to staff the office if they are to be directly supervised by two or more members of the Credentials Committee. The volunteers’ role shall be limited to providing administrative support.
4-15.3 The booth shall continue to operate until the adjournment of the Convention. At the site of the booth, the Committee shall maintain for inspection by any delegate named in an application on file with the committee the original and a copy of each application, and a chain of custody log documenting the receipt of each application and the transfer of any such application for duplication, referral to a Challenge Committee or referral to the convention.
4-15.4 At least once a day, and one hour before the Convention convenes each day, the Credentials Committee shall convene to give preliminary consideration to any challenge received not more than three hours after the receipt of an application.
4-15.5 The supervising Committee members are empowered to rule on whether any application or challenge filed with the Committee complies substantially with the rules of the Committee and warrant action by the Committee. If there are unresolved challenges pending before the Committee, the Committee is urged to consider offering extended hours, as appropriate.
4-15.6 For the purposes of preliminary consideration of a challenge, a quorum of the Credentials Committee shall consist of a minimum of five members from five different states, and consist of a majority of the committee members who have checked-in with the committee at its booth or office as being on-site and ready to work, and who have not yet left the Convention.
Section 4-16 Adoption of Credentials Report
4-16.1 The Credentials Committee shall file and present a report of its actions and conclusions to the Convention for adoption.
4-16.2 The Convention may, by a majority vote, adopt the report as presented or as amended by a majority of the Convention. The effect of the adoption of the report shall be to issue credentials to any delegate in possession of preliminary credentials.
4-16.3 The Convention shall consider any challenge where at least 33% or more of the Committee has filed a minority report recommending Convention action; and may by majority vote choose to consider any challenge where 20% or more of the Committee has filed a minority report recommending convention action.
4-16.4 Those whose preliminary credentials have been ruled invalid through the challenge process shall surrender their credentials to the registration desk or others authorized by the Co-Chairs of the Convention. The Co-Chairs are authorized to appoint doorkeepers who shall have the power to assist the Credentials Committee in recovering any preliminary credentials issued by the committee, but not affirmed by the convention.
ARTICLE V. FLOOR RULES
Section 5-1 Title, Scope and Intention
5-1.1 These rules shall govern the conduct of business of each Presidential Nominating Convention of the Green Party of the United States.
5-1.2 These rules are intended to provide a clear, democratic and transparent process for the business of each Presidential Nominating Convention of the Green Party of the United States to be conducted.
Section 5-2 Honorary Co-Chairs
5-2.1 Gender-balanced, Honorary Co-Chairs shall be nominated by the Steering Committee of the Green Party of the United States, and submitted for confirmation by the Green National Committee at least 60 days prior to the Convention. If the Honorary Co-Chairs nominated by the Steering Committee are not approved, then the Steering Committee shall continue to submit nominations to the Green National Committee until they are approved.
5-2.2 Any person nominated as an Honorary Co-Chair must not be employed by, serve in any official capacity in the campaign of, nor officially endorse any of the Presidential candidates whose names are placed before Convention.
5-2.3 Any person nominated as an Honorary Co-Chair should be one who represents Green Party ideals, goals and practices; and who may be a Green elected or appointed official to public office; or who may be a spokesperson within their state or local Green Parties; and who may have made significant achievements in the advancement of Green politics; or who may represent an important constituency in the Green movement; or whose presence otherwise positively and significantly recommends the Green Party.
5-2.4 During the Convention, the Honorary Co-Chairs shall be responsible for opening the Convention and playing a ‘Masters of Ceremonies’ role in the proceedings. Before the Convention, the Honorary Co-Chairs shall serve as Media Spokespeople and participate in the promotion of the Convention.
Section 5-3 Election Administrator
5-3.1 An Election Administrator shall be nominated by the Steering Committee of the Green Party of the United States, and submitted for confirmation by the Green National Committee at least 60 days prior to the Convention. If the Election Administrator nominated by the Steering Committee is not approved, then the Steering Committee shall continue to submit nominations to the Green National Committee until one is approved.
5-3.2 Any person nominated as the Election Administrator must not be employed by, serve in any official capacity in the campaign of, nor officially endorse any of the Presidential candidates whose names are placed before Convention.
5-3.3 The Election Administrator shall be responsible for conducting and supervising the election process of the Green Party nominees for President of the United States and Vice President of the United States, as described herein under Sections 5-9, 5-10 and 5-11.
5-3.4 The Election Administrator may name such Assistant Election Administrators as may be necessary to the conduct of his/her duties, but may not delegate decision-making authority to them. Assistant Election Administrators shall be subject to the same conditions under 5-3.2 as the Election Administrator.
Section 5-4 State Delegation Reporters
5-4.1 Each state party shall elect a State Delegation Reporter and an Alternate State Delegation Reporter from among its delegates; and shall provide the Election Administrator with their contact information at least five days in advance of the nominating session.
5-4.2 Responsibilities of State Delegation Reporters
5-4.2(a) Attending such preliminary meetings organized for State Delegation Reporters as may be called within twenty-four hours preceding the convening of the Convention, and
5-4.2(b) During the Convention, accurately reporting vote totals from their state within the allowed time limit set by the Election Administrator. A Reporter may also designate another delegate to announce votes; or without objection from their delegation, designate another member of the state Green Party who is not a delegate.
5-4.3 If a state fails to designate a Reporter who can fulfill these required duties, then the Election Administrator shall appoint an Assistant Election Administrator(s) to perform such duties for that state.
Section 5-5 Enforcement of State Instructions Shall be a State Matter
5-5.1 No officer or servant of the Convention, nor any member of the Steering Committee or National Committee, is empowered on behalf of the Green Party of the United States, to enforce instructions and mandates given to any Delegation by their State Party.
5-5.2 Enforcement of any such instructions and mandates shall be a matter between the state party and its delegates. Disputes shall be resolved by a vote of a State Party’s delegation, according to the rules of that State Party, and the convention shall accept any such decision by a state Delegation.
Section 5-6 Decision-Making by the Convention
5-6.1 Number of Votes Cast
Each state Delegation may cast no more votes than they are apportioned to under Article III and for which Delegates have been credentialed pursuant to Article IV of this Policy. However a state delegation may cast fewer votes than they are entitled to, if it so chooses.
5-6.2 Proxy Votes
5-6.2(a) A Delegate may cast a proxy vote in place of not more than one absent Delegate who is credentialed to participate in such Convention, as long as the total number of votes cast for that state does not exceed
5-6.2(a)(1) its total allowed Delegates as apportioned pursuant to Article III and credentialed pursuant to Article IV, or
5-6.2(a)(2) twice the number of voting Delegates in attendance, if twice the number of voting Delegates in attendance shall not exceed the total allowed Delegates as defined in 5-6.3(a); and
5-6.2(b) The Credentials Committee, or any other committee responsible for Convention logistics, may require state Delegations to inform it of their plans regarding such proxy voting. if it finds that such reporting would serve the provision of a fair and accurate vote or planning for the logistical needs of the Convention.
5-6.3 Roll Call Votes
5-6.3(a) When a vote of the Convention is required, a roll call vote shall be taken of each state delegation credentialed to cast votes.
5-6.3(b) State delegations shall be called in alphabetical order and a state may either cast its votes when called, or pass and be called to vote a second time by the Elections Administrator. No state delegation may pass more than once. However, in no case can a state delegation cast a portion of its votes at one time, and another portion at another; rather it must either cast all the votes it intends to cast or pass.
5-6.3(c) Any time a vote is taken, each state’s Reporter (or designated speaker), shall announce both the number of state Delegates, plus alternate Delegates standing in for regular delegates present (not to exceed the state’s authorized number of delegates), and the vote of the Delegation on the question before the Convention.
5-6.4 Close of Vote
Once all State Delegations have been called to vote, and those that have passed have been called to vote a second time, the voting period shall be considered closed.
Section 5-7 Approval of Credentials Committee Report
5-7.1 The first order of business for the Convention shall be, consistent with Article IV, to consider, amend, consider appeals to and adopt the Report of the Credentials Committee.
5-7.2 The decision-making base to adopt the Report of the Credentials Committee shall be those delegations and delegates who have been awarded preliminary credentials under Article IV.
5-7.3 Gender-balanced Co-facilitators shall be nominated by the Steering Committee of the Green Party of the United States to co-facilitate the decision-making process for adopting the Report of the Credentials Committee, and submitted for confirmation by the Green National Committee at least 60 days prior to the Convention. If the Co-facilitators nominated by the Steering Committee are not approved, then the Steering Committee shall continue to submit nominations to the Green National Committee until Co facilitators are approved.
5-7.4 As established in 4-16.2, the Convention may by a majority vote, adopt the report as presented or as amended by a majority of the convention. The effect of the adoption of the report shall be to issue credentials to any delegate in possession of preliminary credentials.
5-7.5 As established in 4-16.3, the Convention shall consider any challenge where at least 33% or more of the committee has filed a minority report recommending convention action; and may by majority vote choose to consider any challenge where 20% or more of the committee has filed a minority report recommending convention action.
Section 5-8 Approval of Platform
5-8.1 Once the Report of the Credentials Committee has been adopted as specified under Section 5-7, the Convention shall consider approval of the Platform.
5-8.2 Approval of the Platform shall be by the process as specified by the Green National Committee in Article II. 2. of the Bylaws of the Green Party of the United States; and in accordance with the Platform Timeline & Process, the process as established by the Green National Committee September 15, 2002. The voting threshold for approval shall be 2/3 as defined in Article V. Voting Rules of the Bylaws of the Green Party of the United States.
5-8.2(a) The Platform Committee Co-Chairs or other spokespersons designated by the Platform Committee shall be afforded not more than ten minutes to present the report of the Platform Committee and proposed 2008 Platform to the Convention. The presenter(s) for the Platform Committee shall also be afforded the final ten minutes of debate or discussion for closing remarks before the question of adoption of the Platform is put to the Convention.
5-8.2(b) Discussion on the proposed Platform shall be limited to one hour. No delegate may address the Convention for longer than one minute on any provision of the Platform. To address the convention, a delegate is required to register, with their name, delegation, Platform provision to be addressed and their position on such provision, with the Convention facilitation team not later than the convening of the Convention plenary session scheduled to consider the Platform.
5-8.2(c) The voting threshold for the adoption of the Platform shall be 2/3 of Convention Delegates, as defined in Article II. 2. and Article V. Voting Rules of the Bylaws of the Green Party of the United States.
5-8.2(d) Should the Convention fail to adopt the proposed Platform, the Platform Committee is instructed to re-title the existing Green Party Platform as the current Green Party Platform, and to report it to the Green National Committee, which shall be authorized to publish it as the Platform of the Green Party of the United States.
Section 5-9 Presidential Candidate Speeches
5-9.1 Any candidate seeking the Presidential Nomination of the Convention who wishes to address the convention may do so, if at least one Delegate is pledged to vote for them from each of three states.
5-9.2 Any candidate seeking the Presidential Nomination of the Convention who wishes to address the convention who does not have at least one delegate pledged to vote for them from each of three states, may alternatively submit a petition signed by a number of credentialed Delegates equal to at least 3% of the total credentialed Delegates, and coming from at least 7 states, declaring each signers’ intention to vote for the candidate named in the petition in the first round of voting. Such petitions must be submitted to the Election Administrator by 6:00 pm on the day immediately preceding the convening of the Convention; and Delegate signatures that appear on more than one petition will be disqualified on the petition of said delegate’s choice.
5-9.3 Equal time shall be allocated for the purposes of addressing the convention to all candidates who qualify under 5-9.1 or 5-9.2.
5-9.4 A candidate need not qualify to address the Convention in order to receive nominating votes.
5-9.5 The Convention shall also provide equal time for a speaker for the No Nominee position, but not for None of the Above (NOTA). Equal time is defined as a time equal to that provided for each of the presidential candidates.
5-9.6 A caucus of the delegates who favor the no nominee position will choose the No Nominee speaker and report the name to the Election Administrator by 9:00 AM of the morning of day the Nomination is scheduled.
Section 5-10 Nominating a Presidential Candidate
5-10.1 Multiple rounds of voting shall be conducted until a simple majority of the voting delegates vote for either an eligible candidate or for No Nominee. Both No Nominee and None of the Above (NOTA) shall remain an option through all rounds of voting.
5-10.2 During the first round of voting, all delegates except those instructed by their state party as “Uncommitted”, “NOTA” or “No Nominee”, must vote for their designated candidate, as instructed by their state party. In subsequent rounds, delegates shall vote as instructed by their state party.
5-10.3 Half-votes from delegates assigned with such will be counted in the first round. Succeeding rounds will count only whole votes.
5-10.4 If there is a first-round winner, that candidate must formally accept the nomination, or that candidate becomes ineligible and the voting proceeds to the second round.
5-10.5 After the first round,
5-10.5(a) No candidate shall be eligible to receive votes who has failed to declare in writing to the Election Administrator their intention to accept the nomination if offered and to cooperate with each member state party of the Green Party of the United States to have their name placed on each ballot line to which a member State Party may be eligible.
5-10.5(b) Votes for ineligible candidates shall be treated as abstentions and shall not count toward the threshold for nomination.
5-10.5(c) The threshold for nomination in each round shall be the next whole number greater than half the number of non-abstaining votes cast in such round.
5-10.6 The Election Administrator shall permit a reasonable period of time between voting rounds for states to caucus, and for candidates to withdraw. Candidates who withdraw shall not be eligible to receive votes in subsequent rounds.
5-10.7 At the completion of the second round and all subsequent rounds, any candidate who received less than 10% of the vote in that round shall become ineligible. Should all candidates have received in excess of 10% of the vote in the previous round, the candidate with the lowest number of votes from that round shall become ineligible. In the case of a tie for the candidate with the lowest total number of votes where the candidate has over 10% of the ballots cast, no candidate is eliminated.
5-10.8 In the case of a tie between last-place candidates receiving at least 10% of the vote, none of these last-place candidates shall become ineligible after the first such tie. If two consecutive rounds end in a tie between the same last-place candidates and the elimination of all such tied candidates would leave two or more candidates, all such candidates shall become ineligible. If two or more consecutive rounds end in a tie between the same last-place candidates and the elimination of all such tied candidates would leave fewer than two candidates, no candidates shall become ineligible after any such round.
5-10.9 When an eligible candidate receives the majority of votes in a given round, the candidate shall be declared the Presidential Nominee of the Green Party of the United States.
5-10.10 Should None of the Above (NOTA) receive the majority of votes in a given round, the Election Administrator shall permit a reasonable period of time before the next round for new nominations to arise from the floor. Any such candidate nominated must be eligible as defined in 5-10.5(a) and submit a petition signed by a number of credentialed Delegates equal to at least 3% of the total credentialed Delegates, and coming from at least 7 states, declaring each signers’ intention to vote for the candidate named in the petition in the next round of voting.
5-10.11 Should No Nominee receive the majority of votes in a given round, there shall be no Presidential Nominee of the Green Party of the United States.
Section 5-11 Nominating a Vice Presidential Candidate
5-11.1 If the Convention has nominated a Presidential candidate, the Presidential nominee shall propose a candidate for the Vice Presidential nomination to the convention delegates.
5-11.2 To be eligible for consideration for the Vice Presidential nomination, a candidate must declare in writing to the Election Administrator their intention to accept the nomination if offered and to cooperate with each member state Green Party of the Green Party of the United States to have their name placed on each ballot line to which a member State Party may be eligible.
5-11.3 Once the Presidential nominee has proposed a Vice-Presidential nominee, the Election Administrator shall call for a show of raised hands by the delegates to approve the nomination of the proposed Vice Presidential candidate.
5-11.3(a) If the Election Administrator concludes that a clear majority of the delegates supports the nomination of the proposed Vice-Presidential nominee, then the Election Administrator shall ask for any outstanding concerns with the ruling; and unless there is a challenge as described under 5-11.3(b), the Election Administrator shall declare the proposed Vice-Presidential candidate nominated.
5-11.3(b) The ruling by the Election Administrator under 5-11.3(a) may be challenged by a number of credentialed Delegates equal to at least 3% of the total credentialed Delegates, and coming from at least 7 states; and if such a challenge is presented, then the Election Administrator shall administer a roll call of the convention by state.
5-11.3(c) If the Election Administrator concludes that the will of the delegates is not clear from the show of raised hands, then the Election Administrator shall administer a roll call of the convention by state.
5-11.4 If the delegates do not approve of the Vice Presidential nominee, the Presidential nominee shall propose another candidate for approval by the convention delegates. This process shall continue until a Vice Presidential nominee is approved.
Section 5-12 Appeals from a Decision of a Presiding Officer
5-12.1 Form of appeals
Should any Delegate object and be joined by at least four other Delegates representing any five accredited state Parties or Caucuses asserting that any ruling of one of the Honorary Co-Chairs, the Election Administrator or one of the Facilitators on any point with respect to the conduct of their responsibilities to the Convention was made contrary to the rules governing such rulings, such objection shall be recognized, and shall serve to initiate an appeal from the decision. A Delegate may raise such an objection by respectfully addressing the presiding officer and stating: “I appeal from the decision of the chair because this ruling is contrary to our rules” and then explaining the inconsistency. Any such appeal which is then joined by sufficient cosponsors as required by this paragraph shall stay the effect of that decision, pending the resolution of the appeal.
5-12.2 Putting the appeal to the body
The Presiding Officer shall acknowledge the appeal by stating to the body the point ruled on, the officers’s decision on it and shall then put the appeal to the Convention. The question put to the body shall be framed as: “Shall the body sustain the decision of the Chair that . . . ”
5-12.3 Debate and Convention consideration of an appeal
Debate on the correctness of the ruling shall be limited to ten minutes. The presiding officer shall then put the question of the appeal to the body for a vote.
5-12.4 Resolution of an appeal
The ruling of the presiding officer shall be sustained unless overruled by the vote of a majority of those voting, who voted in opposition to the question of sustaining the decision, provided votes have been cast by Delegates from at least a simple majority of the Accredited states and caucuses eligible to cast votes on the matter. All appeals from the decision of the chair shall be made immediately, and no appeal shall be in order after other business has intervened from the time of the alleged error and before the appeal is sought.
5-12.5 Recording a protest in the minutes of the body
Any member may have entered in the official record a protest based on any ruling so made. Said protest shall clearly and succinctly set forth the grounds of such protest and shall not exceed 200 words. It shall not impugn the motive of the body or any member thereof.
Section 5-13 Adjournment of the Convention
On the vote of a simple two-third majority, the Convention may recess till a time certain, or adjourn.
