[candidate-development] Discussion of PNC Rules, Amend, Provide for Credentialing of Delegates

[Yarden]

Discussion in the National Committee on an amendment to the rules for  
the credentialing of delegates to the 2008 Presidential Nominating  
Convention.  Since this will be important to planning of the GRP  
delegation, scheduling, etc., it is recommended that all committees  
consider the following proposal carefully.  I await comments from all  
members of the party, and results of discussions to be undertaken by  
AdCom, CDLC, and the State Committee.  Information contained herein  
should be circulated to all locals as soon as possible.

Elie Yarden

delegate, NCMA GRP

****************************************************************************************

Proposal ID 345

Proposal 				PNC Rules, Amend, Provide for Credentialing of Delegates

Presenter  			BRPP

Floor Manager  		Holly Hart

Phase 				Discussion

Discussion			05/05/2008 - 05/18/2008

Voting				05/19/2008 - 05/25/2008

Presens Quorum		0.6666

Consens Quorum 		0.6666 of Yes and No Votes



Background

These rules provide for the Delegate Credentials process; for the
content of a Delegate Credentials Application; for application
deadlines, and the handling upon receipt of such applications; for the
handling of late applications; for the preliminary findings of the
Credentials Committee on such applications; for the preliminary
credentialing of delegates; for challenges to preliminary credentials
and committee findings; for the filing and consideration of such
challenges; for the appointment of a Challenge Hearing Panel; for
processes for the online consideration of such challenges or for their
consideration at face-to-face meetings of the Credentials Committee;
for the recommendation of a Challenge Hearing Panel; for the ruling of
the Credentials Committee on Challenges; for Credentials Committee
operations at the Presidential Nominating Convention; and for the
adoption of the Credentials Report by the Presidential Nominating
Convention.

Proposal
Resolved, by the National Committee of the Green Party of the United
States, that the Rules of the Presidential Nominating Convention are
amended by inserting a new Article IV., to read as follows:

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
website of the Green Party of the United States and send it to each
accredited member state party 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 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.

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 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 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 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. 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 phone, fax and email of each person
named, except for any contact data for which the delegate or alternate
has consented to the release, and except for any person designated as a
point of contact for the delegation or party. The Committee shall make
such data available only to the extent necessary to effectuate the
Delegate and Alternate Credentialing and event registration processes.

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 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. 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 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.

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.

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 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 delegates extended preliminary credentials by
the Credentials Committee; or,

4-7.3 any state 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 of an entitled "Challenge to the
Credentials of the Delegation from the State of _________," which
attests to the accuracy of its contents and states that, either:

4-8.1(a) a state party 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 website of the Credentials Committee of
the minutes documenting the granting of the challenged application; or,

4-9.1(b) The granting of the application making one or more challengers
eligible to file the challenge.

4-9.2 Any challenge initiated five or fewer days prior to the convening
of the convention may be filed with the Credentials Committee at its
regular place of business during normal operating hours at the
convention.

4-9.3 The thirty-day deadline for the filing of a challenge may be
waived if a two-thirds majority of the Credentials Committee grants a
motion to extend the deadline, which argues that equity and justice in
the credentialing process would be served by the Committee's
consideration of the attached challenge.

4-9.4 When in receipt of a challenge, the Committee shall serve the
complaint on the delegation challenged and schedule the matter for
preliminary consideration at the next meeting of the Committee; or, if
filed two or more weeks prior to the convening of the Convention, shall
be put to the Committee consistent with its practices for handling
business online.

4-9.5 The delegation challenged shall appoint a respondent(s) to
represent their position.

4-9.6 At a preliminary hearing on a challenge, if

4-9.6(a)(1) the respondent has filed their response; or,

4-9.6(a)(2) if prior to the convention, two weeks have elapsed since
the challenge was filed and served on the respondent; or,

4-9.6(a)(3) if at the convention, 24 hours have elapsed since the
challenge was filed and served on the respondent,

the Credentials Committee may either

4-9.6(b)(1) rule on the challenge with the consent of both parties; or,

4-9.6(b)(2) may appoint a Challenge Hearing Panel of five hearing
officers to hear the evidence and make its report back to the
committee; except that,

4-9.6(b)(3) whenever the Committee has received a challenge and a
response, and if the parties dispute the facts asserted in the
challenge and/or response, the Committee must appoint a Challenge
Hearing Panel.

4-9.7 Any member of the Credentials Committee who resides in the state
that is the subject of a challenge, or is challenging the seating of
any other delegates, shall be considered recused from the consideration
of any procedural or substantive question related to such a challenge.

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 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.

4-10.4 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 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 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 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 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 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.
Resources
Contact
Audrey Clement, CoChair aclement65 at hotmail.com
Hugh Esco, CoChair hesco at greens.org
References
http://brpp.campaignfoundations.com/index.php?title=Credentialing_Delegates&oldid=2288
http://brpp.campaignfoundations.com/index.php?title=Credentialing_Delegates&oldid=2305


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