[statecom] Legal Opinion

[John Andrews]

Dan,

I think that our Party has the right to know if you and Grace Ross are
involved in legal preparation to file lawsuits against the State Committee
and the Party Co-chairs in order to take away our right to define our
Delegate Selection Process.  The fact that you have sought legal counsel to
develop the grounds for such a lawsuit seems obviously to indicate that you
are preparing to do so.  If you are helping others to file a lawsuit without
your name, this does not resolve you of your involvement.  Please have the
integrity to tell us if this is so.

- John



On Sun, May 25, 2008 at 1:17 PM, Daniel Melnechuk <isis at isisdesign.com>
wrote:

> 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.
>
>
>
>
>
>
> Below is the recent accepted by consensus proposal at statecom about our
> delegate selection plan:
>
> -----------------------------------------------------------------
>
> 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.
>
> -----------------------------------------------------------------
>
> Peace and Justice,
> Daniel Melnechuk
> Party Treasurer
> State Committee Representative, Third Middlesex State Senate District
> Procedures, Structures and Meetings Committee
> Tech Committee
>
>
>
>
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>
>