[statecom] Legal Opinion

[Daniel Melnechuk]

Dear Statecom Reps and Adcom Members,

Please review the legal opinion (PDF) just obtained from an election  
lawyer about commonwealth law, our delegate selection plan, and  
communications with Michelle Tassinari regarding same. I am not going  
to extract any from the opinion since the entirety is important to read.


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Below is the recent accepted by consensus proposal at statecom about  
our delegate selection plan:

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http://green-rainbow.org/pipermail/statecom/2008-April/008333.html

PROPOSAL:
The Administrative Committee and all working committees which might be
involved with the related issues are hereby instructed to make good  
faith
efforts to implement the Delegate Selection Plan as filed with the  
Secretary
of State in October 2007 and amended as specified below.  Deviations  
from
this Plan should be made only where it is impossible to follow it for
reasons of legal compliance or where unavoidable changes in dates  
must be
accepted.  Any such deviations should be for purposes of better  
implementing
the intent of the Plan, not to undermine it, alter its intent,  or  
elaborate
upon it.  Simultaneously,  the following two changes to the Delegate
Selection Plan are adopted:

i) On page 16, at the end of the second paragraph under Delegate and
Alternate Delegate Requirements, add:  "Candidates that are not in
communication with their delegates to instruct them after the first  
vote or
roll call have effectively released and freed their delegates."

ii)  On page 9, at the end of the paragraph following "Definitions", add
"Reported write-in votes for which the Commonwealth has not provided
candidate names shall be apportioned among the other options in  
proportion
to the vote totals for those options."

BUGET IMPACT:  None

IMPLEMENTATION: This proposal does not alter the previously assigned  
roles
and responsibilities for implementation of the Delegate Selection Plan.
AdCom and CDLC are  primarily responsible for implementation of that  
plan.

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Peace and Justice,
Daniel Melnechuk
Party Treasurer
State Committee Representative, Third Middlesex State Senate District
Procedures, Structures and Meetings Committee
Tech Committee