[candidate-development] Tassinari letter - 2nd attempt

[Merelice]

Good morning,

1) I thought Dan's additions were helpful.

2) I agree with John Walsh. I am not comfortable with referring to all
three candidates as equals. Two have clearly withdrawn from the race
altogether. One has not. It's possible the GRP will decide to treat
them differently (or not, if the StateCom meeting is any guide).

3) I would also like to make clear that these questions are
preliminary to the GRP's making a decision. Her answers are to help us
understand our options in making a legal decision.

Merelice

PS: This being Wednesday, I'm not available again until later this afternoon.

PPS: Are all 14 members of CDLC now on this email list?



On 3/5/08, John Walsh <john.walsh at umassmed.edu> wrote:
> I hope we consider this proposal VERY carefully since I am not sure of all
> its implications.
> We must consider that this office is run by a Dem operative and that they
> can use anything we send against us in the future.
>
> I am especially concerned about point one.
> Are we asking her to throw out the votes for Nader or asking her to equate
> withdrawal with saying that one is not seeking the nomination?
> Will this leave the Draft Nader/Gonzalez movement out in the cold?
> Sometimes when a public figure says "no," he is speaking like the proverbial
> diplomat for whom "no" means "yes," or at least "maybe."  Ralph/Matt may
> just be saying that.
>
> Let us be careful.
> john walsh
>
>
>
>
> On Mar 4, 2008, at 11:12 PM, Daniel Melnechuk wrote:
>
> Hi Dave,
>
> While your letter was good, I have added the relevant sections of our
> pres delegate selection plan and MGL for Michelle to read which
> hopefully will make it easier for her to respond quickly. I also
> prefaced the questions with the point of view that we are asking her
> about following state law, which is the only thing that she can do
> technically.
>
> I hope you find this helpful.
>
> Peace,
> Dan
>
> -------------------------
>
> Dear Ms. Tassinari:
>
> We have received the results of the 2008 Green-Rainbow Presidential
> Primary. Three candidates in our primary who garnered 44% of the vote
> have since dropped out. Our presidential delegate selection plan that
> we filed with your office by the deadline of October 1st, 2007, does
> not explicitly cover this situation.
>
> Our plan does state:
>
> "If a candidate does not provide a list of their delegates, then the
> State Committee will select those delegate positions when it selects
> uncommitted delegates. The delegates so selected will be designated
> as delegates for the particular candidate."
>
> There is similar language in our plan for incomplete lists of
> committed delegates from candidates. MGL Chapter 53, Section 70I,
> states:
>
> "If there is a roll call vote for president at the national
> convention of a political party, all delegates and alternate
> delegates whose selection is subject by party rule to the approval of
> a presidential candidate shall vote on the first such roll call for
> that presidential candidate unless released by such candidate."
>
> Here are our questions which we seek your guidance on from the point
> of following state laws:
>
> 1. Must committed delegates, selected by our own rules above for a
> candidate who has withdrawn from the race, still vote for that
> candidate on the first roll call? Or is a candidate's public
> announcement of withdrawal from the race constitute releasing a
> candidate's delegates to vote for someone else on the first ballot?
>
> 2. Since our delegate selection plan does not include handing this
> situation, we are contemplating making changes to the plan. Are we
> permitted to file a revised plan that changes the plan in any way
> after the primary election has been held, or must enactment of any
> changes wait until after the current presidential election cycle is
> over?
>
> Thank you, in advance, for your help on these issues.  (If you to
> discuss this, or have questions regarding our questions, please
> contact Dave England, co-chair of the Candidate Development and Legal
> Committee, at 617-277-2827.
>