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Proposal Details

Proposal ID	339
Proposal	PNC Rules, Amend, Provide for Credentialing of Delegate
Presenter	Bylaws, Rules, Policies and Procedures
Floor Manager	Jim Coplen
Phase	Closed
Discussion	01/31/2008 - 02/03/2008
Voting	02/04/2008 - 02/10/2008
Result	Failed
Presens Quorum	34 0.6666
Consens Quorum	78 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
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 credentialling 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.

This represents a substitute to Proposal #333, as the form
in which that proposal was put to the National Committee by
the Committee on Bylaws, Rules, Policies and Procedures was
amended to address concerns raised in discussion.

Proposal

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:

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 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), and 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, as well, when 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)
for each delegate and delegate-alternate chosen 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 applicant's 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(c) 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

4-2.8 While the Committee shall make available each application,
to each Delegation provided preliminary credentials, they shall
redact from such 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
Credentialling 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 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 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 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 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-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, 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 four duplicates 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 five or fewer days prior to the
convening of the convention 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 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
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 committee's 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&oldid=2245
http://brpp.campaignfoundations.com/index.php?title=Credentialing_Delegates&oldid=2269

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