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Proposal Details

Proposal ID	333
Proposal	PNC Rules, Amend, Provide for Credentialing of Delegates
Presenter	BRPP
Floor Manager	Jim Coplen
Phase	Cancelled
Discussion	01-07-2008 - 01-20-2008
Voting	01-28-2008 - 02-03-2008
Presens Quorum	Two Thirds of Active Accredited States/Caucuses
Consens Quorum	Two Thirds of Yes and No Votes

Background

These rules provide for the Delegate Credentials process, for the content of a Delegate Credentials Application; for the timing and deadlines, and the handling upon receipt of such applications, for the handling of late filings; 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 Committee; for the recommendation of a Challenge Hearing Panel; for the ruling of the Credentials Committee on Challenges; for Credentials Committee Operations at the Convention; for the Adoption of the Credentials Report by the Presidential Nominating Convention; and for related details to implement such provisions.

Proposal

To endorse for National Committee consideration, the adoption of an amendment to the pending Rules of the Presidential Nominating Convention, providing for a process for the Credentialing of Delegates to such Convention.

A Resolution of the
Committee on Bylaws, Rules, Policies and Procedures of the Green Party of the United States

Resolved, that the Committee on Bylaws, Rules, Policies and Procedures endorses for National Committee consideration, the adoption of the following amendment to the Rules of the Presidential Nominating Convention, now pending before the National Committee.

A Resolution of the
Green National Committee of the
Green Party of the United States

Resolved, that the Rules of the Presidential Nominating Convention are amended by inserting a new Article IV., to read as follows:

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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 grouping 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 elect the Delegation, which document the delegates' election, 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 elected 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), and if approved minutes are not available, the Application shall include other documentation of the delegates election.

4-2.4 Delegate Credential Applications shall identify the name, date of birth, residential address, phone and fax number, email address and the political party with which they are registered to vote (where that is possible) for each delegate and delegate-alternate elected by the party.

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 Delegate Credential Applications shall document each individual applicants compliance with such provisions of the Delegate Apportionment formula as codified in Article III of these rules, as are required to qualify the applicant state Party for the number of seats for which they make application.

4-2.7 Delegate Credential Applications shall either state that it is the policy of the party that neither its Presidential Nominating Convention delegates nor its Presidential electors will work in active opposition to the Presidential Slate nominated by the Green Party Presidential Nominating Convention, or if that is not the case, then the Applications shall include copies of any state Green Party policies, if any, regarding:

4-2.7(a) 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(b) Support of the Presidential Slate nominated by the Presidential Nominating Convention through the provision of its presidential ballot line; and/or

4-2.7(a) Any other policy of the state party regarding its post-convention relationship and/or the post-convention relationship of its delegates to the Presidential Slate

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 may be elected and seated.

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 Delegate Credential Application and a copy to the Credentials Committee, by an electronic application by email and a paper version by U.S. Mail. No application shall be accepted unless both original and copy 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 Party's 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 Clerk of 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. The Clerk shall specify on this site, any paper attachment that was not made available in electronic form by the state party making application.

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 applicants 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-third 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, within 28 days of receipt, the Co-Chairs of the Credentials Committee shall respond 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 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 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, credit card, 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 four copies of an affidavit entitled "Challenge to the Credentials of the Delegation from the State of _________", which by oath or affirmation 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 or less 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 clerk of 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 before 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 after that date may be filed with the 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 Credential Committee grants a motion to extend the deadline, which motion argues that equity and justice in the credentialing process would be served by the committees 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) The respondent has filed their response or

4-9.6(b) If prior to the convention two weeks have elapsed since the challenge was filed and served on the respondent or

4-9.6(c) 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(d) Rule on the challenge with the consent of both parties, or

4-9.6(e) 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(f) 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 appointed 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 exhibits offered as a part of the challenge, not already in the record of the application, shall be made available online by the clerk as if it were an application to the committee.

4-11.3 The Presiding Hearing Officer shall initiate an email discussion thread on any procedural motion in which all parties with write authority may participate to make and respond to procedural motions. 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 parties may examine and cross-examine.

4-11.4 The challenger shall have five days to present their testimony and documentation through the list serve, and may call and examine any delegate granted preliminary credentials, any officer of a 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 list serve 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 panel or of the committee of the whole.

4-12.2 First the petitioners bringing the affidavit shall make their case presenting any exhibits 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 committees action on its own application, the spokesperson for the committee shall respond to the challenge, presenting any exhibits 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 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

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, and 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 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 Presiding Officer(s) of the Convention. The Presiding Officer is 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

Contacts:
Audrey Clement alement65@hotmail.com
Hugh Esco hesco@greens.org

References

http://brpp.campaignfoundations.com/index.php?title=Credentialing_Delegates&action=edit&oldid=2245

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