West Virginia Republican State Executive Committee Rules for Selection of West Virginia Delegates to the Republican National Convention

Transcription

1 West Virginia Republican State Executive Committee Rules for Selection of West Virginia Delegates to the Republican National Convention Rule No. 1 Governance 1.1 Subordination of Rules. The Rules for Selection of West Virginia Delegates to the Republican National Convention (the Selection Rules ) as hereinafter set forth shall be subject to and not interpreted to violate: (1) The Rules of the Republican Party, as adopted by the Republican National Convention, August 30, 2004, as amended; (2) the By-laws of the West Virginia State Republican Executive Committee, as amended; (3) the laws of the United States; and (4) the laws of the State of West Virginia. 1.2 Rules Committee. The State Chairman shall appoint a Rules Committee which shall promulgate and approve the Selection Rules as well as consider and approve any additions, deletions or any other changes to the Selection Rules. The Rules Committee shall consist of at least one member from each of the three Congressional Districts and who is not a Delegate to the state convention. 1.3 Election Commission. The Rules Committee shall appoint three members of the State Executive Committee to serve as an Election Commission whose duty shall be to administer the process set forth in the Selection Rules including rules for the conduction of the convention ( Convention Rules ) The Election Commission shall appoint a Chairman from among its three members whose duty shall be to conduct meetings and exercise all powers which are inherent to the Election Commission Chairman s position The Election Commission shall serve as the final arbitrator for any and all disputes arising under the Selection Rules and the Convention Rules. Rule No. 2

2 Definitions For the purposes of these rules, the following definitions shall be used: 2.1 "At-large delegates" shall mean all National Delegates as determined by the National Party Rules excluding District Delegates, the State Chairman, the National Committeeman and the National Committeewoman. 2.2 By-laws shall mean the By-laws of the West Virginia Republican State Executive Committee, as amended. 2.3 Convention Rules shall mean the rules of procedure adopted by the Rules Committee for the conduct of the State Convention. 2.4 Convention Year shall mean the year in which the National Convention is to be held. 2.5 County Chair shall mean the chair of the county Republican Executive Committee or his or her designee. 2.6 County Committee shall mean the Republican Executive Committee of each of the respective counties in West Virginia duly formed pursuant to the laws of the State of West Virginia. 2.7 County Delegation shall consist of all State Convention Delegates elected or selected pursuant to Rule 5.3, 5.4, and 5.5. In addition, State Delegates serving pursuant to Rules 5.1, 5.2, 5.6 and 5.7 shall be members of the County Delegation of the county in which they reside. 2.8 County Election shall mean a process by which Eligible Republicans may vote for candidates at a county election or such other process as determined by the Rules Committee and in compliance with the (WV and/or National) Convention Rules. 2.9 District Delegates shall mean those National Delegates allotted to the state pursuant to the National Party Rules which provide for each delegation to the National Convention to include three (3) district delegates for each congressional district in the State of West Virginia Electronic Balloting shall mean a process by which Eligible Republicans may

3 vote for candidates on the internet through a secured method of authorization, who have declared to run for delegate to the State Convention, pursuant to the Rules for Selection of WV delegates Eligible Republicans shall mean those individuals duly registered to vote as Republicans under the laws of the State of West Virginia 6 weeks prior to the county elections Republicans removed from the State Executive Committee under ARTICLE XVIII of the state bylaws or from a county executive committee under a similar provision are deemed ineligible File or any derivative thereof shall mean (1) delivering in person or by common carrier or by mailing by U.S. Mail as indicated by the date postmarked to the designated party or (2) delivering electronically where authorized or required under the Selection Rules. In the event the required filing date is a Saturday, Sunday or a federal or State of West Virginia holiday, the date of filing shall be extended to the next day which is not a Saturday, Sunday or federal or State of West Virginia holiday. Filings will be date and time stamped upon receipt National Convention shall mean the Republican National Convention National Delegates shall mean delegates to the National Convention and shall comprise the State Delegation National Party Rules shall mean the rules of the Republican Party, as adopted by the 2004 Republican National Convention, August 30, 2004 and its successor conventions Presidential Candidate shall mean (a) any person who is qualified under the laws of the United States to serve as President of the United States and who is qualified for consideration at the State Convention and through the Primary Election, or (b) any person who is qualified under the laws of the United States to serve as President of the United States, and has been nominated by a committee, group or organization that promotes the nomination or election of that person who is qualified for consideration at the State Convention and the Primary Election Primary Election shall mean the primary election held pursuant to the laws of

4 the State of West Virginia Selection Rules shall mean the Rules for Selection of the West Virginia Delegates to the Republican National Convention State Chairman or Chairman shall mean the Chairman of the State Committee or his or her designate State Committee or State Party shall mean the West Virginia Republican State Executive Committee State Convention shall mean the Republican State Presidential Convention called by the Republican State Executive Committee for the purpose of selecting Delegates to the Republican National Convention State Delegates shall mean delegates to the State Convention. Rule No. 3 Method of Selection of Delegates to the Republican National Convention 3.1 Selection of At-large Delegates. At-large delegates shall be selected at a State Convention conducted pursuant to the Selection Rules and the Convention Rules. 3.2 Election of District Delegates. District Delegates shall be selected at the Primary Election pursuant to the Selection Rules. Rule No. 4 Call of the State Convention 4.1 Issuing the Call. Prior to January 1 of the Convention Year, the State Chairman shall issue the call for the State Convention. 4.2 Time of the Call. The State Convention shall not be convened prior to the first Tuesday in February in the year in which the National Convention is held or any other time prohibited by the National Party Rules; nor later than the second Tuesday following the Second Monday in May of the Convention Year. Rule No. 5 Allocation of Delegates to the State Convention

5 Subject to the provisions of Rule 6, the State Delegates shall be as follows: 5.1 Elected State Executive Committee Members. All members of the State Executive Committee duly elected pursuant to the laws of the State of West Virginia. 5.2 Appointed State Executive Committee Members. All voting members of the State Executive Committee duly appointed pursuant to the By-laws and the laws of the State of West Virginia. 5.3 County Committees. Twelve (12) members of each of the County Committees elected or appointed in a manner determined by the Rules Committee In the event a County Committee consists of fewer than twelve (12) members, each County Committee may appoint or elect additional persons pursuant to rules adopted by the Rules Committee in order to equal the twelve (12) delegates allotted to each county under this Rule In the event a County Committee consists of more than twelve (12) members, each County Committee must appoint or elect persons pursuant to rules adopted by the Rules Committee from its own membership in order to equal the twelve (12) delegates allotted to each county under this Rule In the event the County Chair is a member of the County Committee and, as such, a State Delegate under Rule 5.2, the County Committee may appoint or elect a person pursuant to rules adopted by the Rules Committee to serve as an additional State Delegate to represent the County Chair s position on the County Committee In the event a West Virginia State Legislator, a member of the West Virginia Board of Public Works, or a member of the US Congress is a member of the County Committee and, as such, a State Delegate under Rule 5.6 or Rule 5.7, the County Committee may appoint or elect a person to serve as an additional State Delegate to represent the West Virginia State Legislator, member of the West Virginia Board of Public Works, or member of the US Congress position on the County Committee. 5.4 Proportional Delegates. One (1) delegate for each five hundred (500)

6 registered Republicans and every fraction thereof in each of the fifty-five (55) counties in West Virginia For the purposes of Rule 5.4, the determination of the number of registered Republicans shall be made by reference to the records contained within the Office of the Secretary of State of the State of West Virginia as of July 1 st of the year preceding the Convention Year The State Chairman shall ascertain and certify the number of registered Republicans pursuant to Rule by no later than August 15 th of the year preceding the Convention Year On or before October 1 st of the year preceding the Convention Year, the State Chairman shall certify the number of state delegates to which each county is entitled pursuant to Rules 5.4 and 5.5 of the Selection Rules. 5.5 Bonus Delegates. Each county having cast a majority of its votes for the Republican nominee for President of the United States in the preceding presidential election shall be entitled to one (1) additional delegate for every three (3) delegates determined under Rules 5.3 and 5.4 of the Selection Rules Any fraction resulting from the calculation under Rule 5.5 shall be increased to the next whole number One bonus Delegate shall be awarded to each county for each Republican Member of the West Virginia House or Senate that serves all or part of said county. 5.6 Republican Legislators. All Republican members of the West Virginia Legislature serving in such capacity as of the beginning of the State Convention shall be delegates to the State Convention. 5.7 Republican Board of Public Works and Congressional Members. All Republican members of the West Virginia Board of Public Works and West Virginia representatives serving in the United States Congress and serving in such capacity as of the beginning of the State Convention shall be delegates to the State Convention. 5.8 Allocation of Delegates by County Committee. Upon application to and approval by the Election Commission, County Election Committees may, but

7 shall not be obligated to, allocate to specific magisterial districts within the county a proportional number of those delegates determined under Rules 5.3, 5.4 or 5.5 to be delegates to the State Convention based upon the number of registered Republicans within that area; provided, that, such allocation shall be certified in a signed writing to the State Party prior to the first day of the Convention Year. 5.9 Fees by Delegates. Delegates allocated under Rules 5.1, 5.2, and 5.3 will become certified by registering with the State Party in a manner authorized by the Rules Committee and paying a fee of Twenty-Five Dollars ($25.00) to the State Party or its designee. Rule 6 Candidates for State Delegate 6.1 Candidates for State Delegate. Any Eligible Republican may be a candidate for State Delegate allocated under Rules 5.4 and 5.5 by completing and filing a certificate of candidacy with the State Party in a manner authorized by the Rules Committee and paying a filing fee of Twenty-five Dollars ($25.00) to the State Party or its designee Candidates for State Delegate under this rule may file electronically or on a paper form authorized by the Rules Committee. 6.2 Filing Period. Candidates for State Delegate must file a certificate of candidacy pursuant to Rule 6.1 and pay any required filing fee during the filing period which shall begin 6 weeks prior to the county elections and end 2 weeks prior to the county elections. 6.3 Certification of Candidacy. The Election Commission shall certify candidates for State Delegate upon determination of their eligibility under Rule 2.11 and receipt of the payment of the required fee. 6.4 Designation of Presidential Preference. Any candidate filing pursuant to Rule 6 may indicate their preference for a Presidential candidate by stating as such on their certificate of candidacy The name of any candidate for President shall appear next to the name of

8 any candidate for State Delegate who indicates a Presidential preference under Rule Qualifications for State Delegates. All State Delegates whether elected, selected, deemed under these rules or designated under Rule 7.0 et seq.must be Eligible Republicans residing and domiciled in the county which they represent. Rule 7 Election of Delegates to the State Convention 7.1 Election of Delegates. Eligible Republicans shall elect State Delegates allocated under Rule 5.4 and Rule Use of County Elections for Selection of Delegates to the State Convention. When the State Chairman calls for a state presidential convention, the counties shall hold an election on the Saturday falling between 45 and 51 days prior to the date of the state convention All ballots cast during county elections shall be added to those ballots cast via Electronic Balloting in determining the election of State Delegates In the event of a tie, the candidate filing first shall be selected in order to break the tie. 7.3 Appointment of Alternates. Any person elected as a State Delegate may, prior to the convening of the State Convention, designate an alternate to serve as a State Delegate in their stead should they be unable or choose not to serve. Such designation shall be reported in writing to the State Chairman at least twenty calendar days prior to the convening of the State Convention Any person duly appointed under Rule 7.3 or Rule 7.4 shall meet the qualifications set forth in Rule 6.5. In addition, no person may serve as an alternate for more than one State Delegate and no State Delegate may serve as the alternate for another State Delegate. 7.4 Vacancies. In the event a delegate is unable to fulfill their duty and thereafter

9 fails to appoint an alternate, then the County Chair shall appoint an alternate no later than one week prior to the State Convention. If a County Chair fails to appoint an alternate, then the State Chair shall have the ability to appoint an alternate up until the day of the convention. 7.5 Proxies. The use of proxies by State Delegates at the State Convention shall be prohibited, except for those that serve in the West Virginia State Legislature, on the West Virginia Board of Public Works, or in the US Congress where their official Constitutional duties prevent their attendance in person. They must file a proxy prior to the start of the Convention with the Convention Rules Committee on a form provided. The proxy holder must be an existing Convention Delegate from the same county of residence as the proxy issuer. 7.6 Ballots. The State Election Commission shall provide the ballots or a uniform ballot template necessary to conduct the county election for delegates to the State Convention. Use of any other ballots shall not be authorized Error in Ballot prior to voting. Upon a finding of the County Election Committee that an official ballot contains an error which, in the opinion of the County Election Committee, is of sufficient magnitude to confuse or mislead the voters, the County Election Committee shall cause the error to be corrected, reported and submitted to the State Election Commission for review Error in Ballot after voting has begun. If an official ballot contains an error discovered after voting has begun, then no changes shall be made to the ballot or verbal instructions given to voters regarding the same. The ballots shall be turned over to the State Election Commission for determination. 7.7 Ballot counting procedures in paper ballot systems. The ballot box shall be opened and all votes shall be tallied in the presence of the entire County Election Committee. Each Committee member shall keep an accurate tally of the votes cast by marking in ink on tally sheets. Tally sheets shall be uniform and provided by the State Election Commission, so as to show the number of votes received by each candidate on the ballot.

10 7.71 If a voters selection is unclear, then a majority opinion of the County Election Committee shall determine the voter s intent and the vote will be recorded to reflect the majority opinion. Rule 8 Requirements of Candidates for President And Nominees for National Delegates 8.1 Filing Requirements At Large Delegates. Any Presidential Candidate seeking At-large delegates under Rule 3.1 shall declare as a candidate by filing with the State Chairman a Certificate of Candidacy and include a list of nominees for At-large Delegates equal to the number of delegates allocated by the National Party Rules The filing period for Presidential Candidates under Rule 8.1 ends eleven (11) weeks prior to the convention Any Presidential Candidate filing pursuant to Rule 8.1 shall be required to pay to the State Party or its designate a filing fee of Five Thousand ($5,000) Dollars no later than November 1 st of the year preceding the Convention Year Any Presidential Candidate filing pursuant to Rule 8.1 shall be required to produce a certified copy of his or her birth certificate. 8.2 Certification of Presidential Candidates. On or before six (6) weeks prior to the convention, the State Chairman shall certify that each nominee for At-Large Delegate is qualified pursuant to the Selection Rules and the Presidential Candidate is, therefore, duly qualified for consideration at the State Convention. 8.3 Filing Requirements District Delegates. Any Presidential Candidate seeking District Delegates under Rule 3.2 shall declare as a candidate by filing with the State Chairman a Certificate of Candidacy and including a list of nominees for District Delegates to be elected in the Primary Election District Delegates sought by the Presidential Candidates shall further be subject to the laws of the State of West Virginia that govern the Primary Election.

11 8.3.2 Filing will only be complete when the West Virginia Republican Party receives the filing fee pursuant to Rule Qualification for National Delegate or Alternate Delegate. Any person listed as a nominee or alternate under Rule 8.1 or 8.3 shall be a resident of the State of West Virginia; registered to vote as a Republican under the laws of the State of West Virginia; and qualified to vote therein; provided, in addition, nominees for District Delegate shall, likewise, be a resident of the congressional district so designated Each elected delegate to the National Convention shall appoint an alternate national delegate as defined by the National Party Rules. Rule 9 Selection of At-Large Delegates to the National Convention 9.1 Convention Co-Chairs. The duly elected National Committeeman and National Committeewoman representing West Virginia on the Republican National Committee at the time of the State Convention shall serve as General Co-Chairs of the State Convention (hereinafter referred to as Convention Co-Chairs ). 9.2 Robert s Rules of Order. The current edition of Robert s Rules of Order: Newly Revised ( Robert s Rules of Order ) shall be the rules of the State Convention insofar as they are applicable and not inconsistent with the Selection Rules, Convention Rules and National Party Rules. 9.3 Limited Agenda. The agenda of the State Convention shall be limited to the selection of At-large Delegates to the National Convention and certain ceremonial activities set forth in the Convention Rules. 9.4 Voting. Each State Delegate shall be entitled to one (1) vote, which may be cast by an alternate delegate or by proxy in the absence of the delegate as provided in Rule No person serving as a State Delegate shall be entitled to more than one (1) vote per roll call vote at the State Convention including circumstances in which the State Delegate holds more than one position, unless the person is a proxy holder.

12 9.5 County Delegations. All State Delegates qualified under Rule 5 shall be seated with the county of their residence The County Chair or his or her designee shall serve as chair of the county delegation to the State Convention. 9.6 Announcement of Presidential Candidates. The State Chairman shall announce the list of Presidential Candidates that have qualified pursuant to Rule 8 of the Selection Rules In conjunction with Rule 9.6, the State Chairman shall also announce the qualification of the nominees for At-Large Delegates. 9.7 Method of Election. At-Large Delegates shall be elected by a roll call vote of the counties by reference to the Presidential Candidate Each county shall announce its vote by reference to the Presidential Candidate At the conclusion of any ballot, where the candidate to be eliminated is within 1% of the next candidate s vote, the majority of State Delegates of any five (5) County Delegations may demand a record vote of each State Delegate from any county. A record vote means each State Delegate from a county individually indicating for the record his or her vote for a Presidential Candidate. 9.8 First Ballot. If any Presidential Candidate receives more than fifty percent of the State Delegates present and voting on the first roll call vote, the Chairman shall declare the State Convention s selection of that Presidential Candidate s corresponding list of At-Large National Delegates as duly selected as such. 9.9 Second Ballot. In the event no Presidential Candidate shall receive more than fifty percent of the State Delegate votes present and voting on the first roll call vote, a second roll call vote shall be taken among the Presidential Candidates with the three highest numbers of votes in the first roll call vote If a Presidential Candidate receives more than fifty percent of the State Delegate votes present and voting on the second roll call vote, the Chairman shall declare the State Convention s selection of the Presidential Candidate s corresponding list of At-Large National Delegates as duly selected as such.

13 9.10 Third Ballot. In the event no Presidential Candidate shall receive more than fifty percent of the State Delegate votes present and voting on the second roll call vote, a third roll call vote shall be taken among the Presidential Candidates with the two highest numbers of votes in the second roll call vote The Chairman shall declare as duly selected the corresponding list of At- Large National Delegates of the Presidential Candidate receiving more than fifty percent of the State Delegate votes present and voting on the third roll call vote Tie Vote. In the event of a tie between two or more Presidential Candidates following the conclusion of any roll call vote, the prevailing Presidential Candidate shall be the Presidential Candidate, among the tying candidates, who receives the most votes of the County Delegates in the greatest number of counties In the event a tie still exists, then the candidate that filed first shall be selected in order to break the tie. Rule 10 Election of District Delegates 10.1 Primary Election for District Delegates. District Delegates shall be elected at the Primary Election pursuant to the laws of the State of West Virginia and the Selection Rules Ballot Requirements. The Primary Election ballot shall list the names of the candidates for President of the United States who have filed pursuant to the laws of the State of West Virginia Each candidate listed pursuant to Rule 10.2 shall also list adjacent to the candidates for President of the United States the names of the District Delegates so designated by the candidates under Rule Ballot position shall be determined by random lot Election of District Delegates. The candidate for President of the United

14 States receiving the most votes in each respective Congressional District shall be entitled to the District Delegates so designated under Rule 2.9 and Rule 3.2 of the Selection Rules. Rule 11 Vacancies in National Delegates 11.1 Vacancy in At-large Delegates. In the event there is a vacancy among the Atlarge Delegates in the State Delegation, the vacancy shall be filled by the remaining At-large Delegates who are members of the State Delegation through a majority vote. Those individuals elected by majority vote shall be forwarded to the State Chair for submission to the RNC for credentialing Vacancy in District Delegates. In the event there is a vacancy among the District Delegates in the State Delegation, the vacancy shall be filled by the remaining District Delegates who are members of the State Delegation. Those individuals elected by majority vote shall be forwarded to the State Chair for submission to the RNC for credentialing Vacancies Filled by State Chairman. If a vacancy exists before the National Convention for any reason including the failure of the appropriate National Delegates to fill a vacancy pursuant to Rule 11.1 and 11.2, then such vacancy may be filled by the State Chairman to the extent filling the vacancy does not conflict with the National Rules. Rule 12 Certification of Election 12.1 All National Delegates selected or elected pursuant to these rules shall be certified by the appropriate State Party officer or officers in compliance with the National Party Rules. Adopted this day of July, Michael B. Stuart

15 Chairman.