My Blue State '08

Judicial Council Meeting to Hear Taos County Dems Challenge to Delegates

I received the following emails from the State Party regarding a challenge to the Taos County delegation:

Dear Judicial Council Members:

Below is a letter from Chairman Wertheim to Vice Chair At-Large Annadelle Sanchez, who, as you know, serves as the Chair of the Democratic Party of New Mexico (DPNM) Judicial Council.  The letter describes a challenge that Chairman Wertheim is referring to the Council's jurisdiction.

A meeting of the Council has been set for 3PM on Thursday, April 26th at the DPNM headquarters, 1301 San Pedro NE, Albuquerque, NM 87110.  Council members ought to have already received an email notification from readycall.com about accessing the Council hearing via conference call.

The staff at the DPNM will be placing copies of this letter in the mail tomorrow.  However, given the time frame, I wanted to let you know about this matter via email.  In addition, because some of the exhibits provided in the challenge are on legal paper, while others are on regular (8.5"x11") paper, I am unable to scan these exhibits or fax contiguous pages.  Copies are available at the Democratic Party of New Mexico and can be faxed (half of a legal page per regular page) to a fax number you provide.

Please do not hesitate to call with questions or to confirm your attendance or participation via conference call.  (505) 830-3650.

Best,

Matt

CC: Announced candidates for DPNM Chair


DEMOCRATIC PARTY OF NEW MEXICO

Tuesday, April 24, 2007

Annadelle Sanchez
Vice Chair At-Large, Democratic Party of New Mexico
920 Denton ST
Espanola, NM 87532

Dear Madame Vice-Chair:

I write to you in your capacity as chairperson of the Judicial Council of the Democratic Party of New Mexico and hereby invoke my authority under Rule 14-1(B) to request the Judicial Council interpret the party rules and review a challenge.  Specifically, I request the Judicial Council interpret party rules as they were applied in the recent Taos County precinct elections, the Taos County Credentials Committee Meeting and the Taos County Central Committee Meeting.  Additionally and also pursuant to my authority under Rule 14-1(B), I am placing the enclosed Challenge to the Taos County Delegates[sic] under the Judicial Council’s review and jurisdiction.

First, although I applaud what appears to be record setting participation in the recent Taos County Democratic Party elections, possible irregularities in some precinct elections have been brought to my attention that, in fairness and if true, deserve an airing before the Judicial Council with appropriate admonishment or other remedy.  I have no information that any of these alleged irregularities were outcome determinative in either the election of Taos County officers or of members to the state central committee hailing from Taos County.  That being said, however, persons with more knowledge than my own second- and third-hand information may wish to present it to the Judicial Council.  I want to give any and every Democrat in Taos a chance to do just that.

Second, a law firm representing a group of individuals calling themselves Taos Democrats for Clean Elections (TDCE) hand-delivered a challenge to the Party Headquarters earlier today, April 24, 2007, a copy of which is enclosed.  Although the challenge--because it neither had been previously presented to the Taos County Central Committee nor otherwise contained the signatures of five county chairs--lacked the required elements under Rule 14-1(B) to be filed before the Judicial Council on its own, I decided to place it before the council myself.

Here’s why: Although I disagree with the challenge for several reasons, I also recognize its proponents feel seriously aggrieved.  I have every reason to believe in their good faith, and they deserve to be heard by the Judicial Council.

Curiously, shortly after delivering the challenge to headquarters, one of the TDCE’s lawyers called to tell me that the challenge had been withdrawn.  This call came before I was even aware of the challenge.  I do not know why the group withdrew the challenge or if they all reached a consensus to withdraw.  So I am submitting the challenge notwithstanding this phone call.  Additionally, TDCE may have decided that their requested remedy—to unseat the whole county delegation and re-run the election—was overly severe.

There are other, less draconian, remedies available, however.  If the Judicial Council believes that the precinct apportionment in Taos violated party rules, it can offer appropriate admonishment or refer the matter to the Rules Committee for appropriate changes or clarification of the apportionment issue.

Any admonishment the Judicial Council chooses to issue with regards to the challenge should be directed solely to me.  I personally reviewed the apportionment recommendation, approved it and directed Matt Farrauto and Joseph Casados to implement it.  My beliefs about the issue are thoughtfully contained in Mr. Farrauto’s email included as Exhibit “C” to the challenge.

Sincerely,

John Wertheim
Chairman
Democratic Party of New Mexico

CC (without enclosures):         
John Boyd
Sarah Berger
Robert Bishop
Margarita Denevan
Kelen Emery
Eugena Hauber
Theron Horton
Judith Hovetter
Suzy T. Kane
Thomas J. Kane
Bonnie Korman
Richard Montreau
Harvey Solomon
Kay Solomon
Charles Strong
Janet Webb
Linda Yardley
CC (with enclosures): 
Brian Colon
Gideon Elliot
Michael Olguin
William J. Knight
Thomas “Chuby” Tafoya
Robert Beck
Melinda Whitley
Jason Bousliman
Agnes Maldonado
Stephanie Dubois
D. Matthew Runnels
Conny Maki
Martin Suazo

10-8. Vacancies in County Offices and State Central Committee

10-8. Vacancies in County Offices and State Central Committee

A. A vacancy exists in a county office or in the State Central Committee when the officer or committee member:

1. is removed in accordance with Rule 10-7.
2. ceases to reside in the county from which the person was elected.
3. resigns or dies. or when the office in question had not been filled initially at the scheduled election.

B. A vacancy may also occur in the State Central Committee, if county rules so provide, if a State Central Committee member fails to attend more than one State Central Committee meetings without issuing a proxy. In such cases county rules shall govern the procedures for removal and the filling of the vacancy.

C. If a vacancy exists in the office of County Chairperson or First Vice-Chairperson, the highest ranking county officer shall call a meeting of the County Central Committee within sixty (60) days to fill the vacancy.

D. If a vacancy exists in the office of Second Vice-Chairperson, Secretary, or Treasurer, the Chairperson shall appoint a replacement within thirty (30) days.

E. If vacancies exist among twenty percent (20%) or more of the members of the State Central Committee, the County Chairperson shall call a meeting of the County Central Committee within sixty (60) days to fill the vacancies for the unexpired terms, or the vacancies may be filled as otherwise provided in the county rules.

APPENDIX B: DEMOCRATIC PARTY OF NEW MEXICO AFFIRMATIVE ACTION PLAN

I. The purpose of this Affirmative Action Plan is to establish and implement an
aggressive Affirmative Action Policy for the DPNM. The Affirmative Action Plan is designed to:

A. Stimulate the entry into political participation in the Democratic Party processes of
those citizens who have failed to participate in such activities as a result of lack of knowledge of the political process, inexperience, culture, discrimination, poverty, language, transportation, or other limiting factors.

B. Promote the positive and continuing support of Affirmative Action by all levels of the DPNM.

C. Encourage increased opportunity for full and open participation in all party affairs including, but not limited to, the delegate selection process.

D. Provide increased opportunity for full and open participation in all Party affairs regardless of age, race, color, religion, creed, culture, ethnic identity, national origin, sex, economic status or sexual orientation. Special efforts shall be made to encourage participation on the part of youth, senior citizens, the poor, minorities, women, Native Americans and other traditionally under-represented groups.

II. The policy and procedure for establishing an Affirmative Action Plan is found in Rule 19A of the Delegate Selection Rules for the 1976 Democratic National Convention as follows:

"A Compliance Review Commission (CRC) consisting of twenty-five members shall be appointed no later than March 1, 1974, to administer and enforce affirmative action requirements for the National and State Democratic Parties; review affirmative action and delegate selection plans submitted by State Parties and approve or recommend changes in such lans; conduct periodic evaluations and provide technical assistance to State Parties on affirmative action and delegate selection implementation; hear and recommend solutions to affirmative action complaints unresolved by appropriate state party bodies; and serve as a preliminary Credentials Committee to hear delegate challenges and propose remedies."

The enabling legislation further states, according to rule 19D(a), (2), and (3):

"Each state party shall adopt an Affirmative Action Plan which shall be submitted to the CRC for approval on or before March 15, 1975. Such plans shall include provisions for the appointment of a representative State Affirmative Action Committee upon which members of the National Delegate Selection Commission from that State will serve if the member so desires, and the implementation by Party organizations of Affirmative Action as defined specifically in Rule 18. In the final six (6) months prior to the first step of the delegate selection process, each State Affirmative Action Plan shall give special attention to encouraging participation in and dissemination of information about the delegate selection process.

(1) Each state party shall provide an opportunity for public comment on the proposed Affirmative Action Plan for a Minimum of thirty (30) days prior to its submission to the Compliance Review Commission. All minority views submitted to state committees in writing shall accompany the proposal at the time of its submission.

(2) The Compliance Review Commission shall act on the proposed Affirmative Action Plan within sixty (60) days. Its decision shall be final and binding.

(3) Implementation of all State Affirmative Action Plans shall begin not later than July 15, 1975."

III. Responsibilities for Implementation of the Affirmative Action Plan.

A. The State Chairperson shall have primary responsibility for implementation of the Affirmative Action Plan. This person should also be responsible for providing moral support, fiscal resources, manpower, and opportunities needed to make the Affirmative Action Plan workable.

B. County Chairpersons shall be responsible directly to the State Chairperson for implementation of the Affirmative Action Plan. The County Chairperson may delegate authority to Ward or Precinct Chairpersons for the Affirmative Action Plan; however, accountability for compliance shall remain the prime responsibility of each respective County Chairperson. The County Chairpersons are expected to:

1. Be fair and objective in dealing with all Democrats.

2. Take positive steps to discuss the Affirmative Action Plan with all Ward and Precinct officials in their respective County.

3. Design media and educational programs concerning Affirmative Action Policies and Procedures based upon the distinctive needs and problems in each respective County.

4. Analyze Affirmative Action reports from Precinct Chairpersons and submit written progress reports, at least every six (6) months, directly to the State Chairperson who, in turn, must send them to the Affirmative Action Committee for review and compliance. Each County Chairperson must retain and preserve written Affirmative Action reports for a period of two years, which reports must be presented for inspection and review by the Affirmative Action Committee upon written demand.

5. Keep all party members fully informed on all party matters, including, but not limited to, registration, precinct meetings, fund-raising events, ward meetings, workshops, seminars, state party meetings, and all local state and national party conventions and committee meetings.

IV. The Affirmative Action Committee shall:

A. Serve as a review body of the DPNM with authority to determine fact and make conclusions based thereon to ensure full compliance with Affirmative Action in all Party Matters. Appeals from decisions of the Affirmative Action Committee shall be made to the Judicial Council. Enforcement of the decisions of the Affirmative Action Committee shall be the responsibility of the State n Chairperson.

B. Seek and recommend procedures for hearing complaints and for correcting or eliminating practices that limit participation in party affairs.

C. Evaluate the effectiveness of the Affirmative Action Plan and recommend to the DPNM amendments or revisions of the plan.

D. Report to the DPNM on the overall effectiveness of the Affirmative Action Plan.

E. Be appointed by the State Chairperson for two years, and may be reappointed. The Affirmative Action Committee shall be composed of seven members. Each Congressional District shall have at least two members on the Committee. Positions on the Committee shall be:

1. Chairperson.
2. Vice-Chairperson.
3. Secretary.
4. Four (4) members at large.
5. State Chairperson as specified in Rule 5-2.B. but non-voting.

V. Procedures for Implementation of the Affirmative Action Plan.
It shall be the responsibility of the State Chairperson through the Affirmative Action Committee to design a program that shall create an awareness of Affirmative Action policies and procedures and ways to obtain maximum participation. The program may consist of the following:

A. Media spots designed to fully inform the public of all party matters such as fund-raising events, meetings, Affirmative Action Plans, convention delegate selections. Spots would be included in, but not limited to, all minority related media in urban, rural and Native American areas.

B. Educational workshops held on a regularly scheduled basis. These workshops should be designed to encourage participation in all party affairs. Such workshops should be conducted in well-advertised public places that are easily accessible to the public.

C. Minority organizations, women's organizations, youth organizations, Native American organizations, labor, management, senior citizens, church groups, welfare rights organizations, and all others formerly excluded encouraged to attend educational workshops through a direct mailing process.

D. Speakers bureaus of persons who are familiar with the Affirmative Action policies and procedures. Such speakers shall be available to appear before groups of all kinds, as needed.

E. Printed brochures made available for distribution at all times. The information on the brochure should include the Affirmative Action Plan, information on how to participate in Ward and Precinct meetings, how to become a National Convention Delegate, names and addresses of State and County party officials, and information concerning party affairs.

F. Where appropriate, all information communicated in English, Spanish, and Native American languages in general use in New Mexico.

G. Publicized hearings to discuss party issues that have local, state, and national implications.

H. Notices of all party meetings posted in conspicuous public places and distributed to all media, including minority media. Where appropriate, notices should be posted in English, Spanish, and Native American languages.

I. Registration stations set up on a consistent day of the month to encourage full participation in the Democratic Party. These registration stations should be set up at schools, shopping centers, minority community centers, senior citizen centers, Indian tribal and chapter offices, and other areas where the need arises to include full participation.

J. All County conventions and Precinct meetings publicized, with the meeting agenda, at least fifteen (15) days in advance, and notices distributed to all media, minority and women-related organizations, labor unions, business and commercial groups, youth-related organizations, senior citizens-related organizations, Native America organizations, welfare rights organizations, and all formerly excluded groups. Where appropriate, notices should be printed in English, Spanish, and Native American languages.

VI. Complaints

Any registered Democrat may file a written complaint with the State Chairperson and/or her/his County Chairperson, setting forth in detail any alleged failure to comply with the Affirmative Action Plan. Within five (5) days after the receipt of such complaint the State Chairperson and/or County Chairperson shall forward it to the Affirmative Action Committee. The Affirmative Action Committee may summarily dismiss such complaints, hold hearings on such complaints, or take other appropriate action. The decision of the Affirmative Action Committee, following its review of any such complaints, shall be forwarded to the State Chairperson and/or County Chairperson for remedial action.

Amended April 21, 2001 by State Central Committee Democratic Party of New Mexico.
Diane Denish, Chairperson

APPENDIX A PROPORTIONAL REPRESENTATION BY PREFERENTIAL BALLOTING

APPENDIX A

PROPORTIONAL REPRESENTATION BY PREFERENTIAL BALLOTING

This appendix describes the method for implementing Rule 18-6.B.2: Elections; Non-Secret Elections; More than One Person to be Elected to Office. Proportional representation (Rule 17) provides a way of conducting elections that insures the accommodation of different points of view in proportion to the numbers of electors reflecting such viewpoints. The preferential ballot further promotes such fairness.

When more than one person is to be elected to office, the individual candidates need only gather a certain number of votes (the allocation) to guarantee election as described in detail below. The allocation number is calculated and announced by the presiding officer for the election of the required number of delegates or committeepersons when the total number of electors present is established.

Allocation and Balloting. In anticipation of the need for more than one election, several differently colored ballots are issued, a single color to be used for each round of voting. All ballots are individually inscribed in advance by the party with an elector's name and the party subdivision she/he represents; for example, ward or county. The ballots, including the similarly inscribed ballots of electors voting by proxy, are issued at the time of registration for the meeting or convention. Each elector may list as many candidates, men and/or women, he/she wishes in descending order of the elector's preference. To maximize the effect of proportional representation the elector is encouraged to list many rather than few candidates. To guarantee election a candidate requires a number of votes equal to the allocation A defined as V divided by (N+1), increased to the next-higher whole number whether V divided by (N+1) is itself a whole number or fractionally larger than a whole number. V is the number of electors present including proxies (not the number of those actually voting), and N is the required number of people to be elected to the office. The allocation is therefore:

A = V , increased to the next higher whole number

N+1

Examples:

(a) If 250 electors are to elect 15 people, 250 = 15.6. The increase to 16 yields allocation A 15+1

(b) If 220 electors are to elect 10 people, 220 = 20. The increase to 21 yields allocation A. 10+1

All candidates' names are prominently posted. The chairperson announces the allocation based on V and N and voting begins. As ballots are filled out they are deposited in a single container. When all ballots are so deposited, they are randomized as, for example, by a shaking of the container. In the presence of observers ballots are withdrawn one at a time, a number is written on each ballot in consecutive order, and the top candidate name along with the name of the elector are announced. A tally mark is placed next to this candidate's name on the ballot and on the posted candidate list and the ballot is set aside, not to be tallied again. A ballot which does not bear a party-inscribed elector's name and party subdivision, or bears an altered or defaced elector's name or party subdivision shall not be counted. (The numbering of the ballots in the order in which they are tallied permits a recount, if necessary, under identical conditions.)

When the accumulated vote for a candidate reaches the allocation, that candidate is declared elected and the result is recorded on the posted list. No further votes shall be accepted for that candidate on subsequent ballots. The process continues with each top choice among those still in contention being counted until all the ballots are tallied.

If all the available positions have not been filled by candidates who have reached the allocation, those with the largest numbers of votes short of the allocation shall be declared elected to the remaining positions.

A non-secret ballot as described above may not be waived in favor of a secret ballot under any circumstances.

Equal Division of Men and Women. In elections where equal numbers of men and women must be elected as specified in these rules or as required by Democratic National Committee Rules for a national convention, the tallies of votes for women and men are considered separately. If N is an even number, each sex is entitled to half the positions regardless of how many, or whether any, candidates of either sex achieve the allocation. If N is an odd number each sex is entitled, at minimum, to half of N-1 positions with the one remaining position being filled by the candidate with the highest number of votes among all those not yet elected (men and women together). In the event of a tie Rule 18-3 applies. The result is equal division of women and men within a variance of not more than one.

Additional Elections. If in any of the above cases of elections of more than one person to an office all the positions are not filled, another similarly conducted election is held to fill the remaining positions, the number of which being a smaller value of N than in the previous election; V might be different as well. A recalculation of A is required for such an additional election.

23-2. Termination and Revocation

23-2. Termination and Revocation. An authorized Democratic Club or affiliated organization may terminate its affiliation with the state party or a county Party by majority vote of its membership or as otherwise provided in its by-laws. An organization's affiliation may also be revoked upon a majority vote of the applicable central committee upon a showing of good cause.

RULE 23. DEMOCRATIC CLUBS AND AFFILIATED ORGANIZATIONS

23-1. Authorization. A state-wide or county-wide organization wishing to be identified as a Democratic Club or affiliated organization of the state party or a county party may do so only upon the approval of the State Central Committee or, as the case may be, the County Central Committee where the organization exists. Authorization shall be granted by the appropriate central committee upon the approval of the bylaws of the organization which shall not conflict with the Rules of the Democratic Party of the United States, the state party or the applicable county party, or the laws of the United States and the State of New Mexico.

The by-laws of each such organization shall contain at least:

(1) the purpose(s) of the organization, (2) a description of the membership, (3) the officers of the organization and a procedure for electing them and filling vacancies, and (4) a statement that the organization shall abide by the Rules of the Democratic Party of the United States, the State of New Mexico and, as the case may be, the County in which the organization exists. Approval of the by-laws by the State Central committee or a County Central Committee shall not automatically entitle the organization to representation on the applicable central committee.

RULE 22. ROBERT'S RULES OF ORDER

In all meetings and conventions the current Robert's Rules of Order, Revised shall govern except where the matter is covered by these rules or the respective county rules.

RULE 21. RESOLUTIONS

Resolutions from the floor of a State Central Committee meeting or State Convention shall require written submission to the chairperson prior to the report of the Resolutions Committee. Before the resolution may be debated, the meeting or convention shall approve by two-thirds (2/3) vote consideration of the resolution. Resolutions from the floor shall be presented after the report of the Resolutions Committee. Rules with respect to limitations as to time allotted for debate, number of speakers, etc. shall be addressed in the standing rules of the meeting or convention.

RULE 20. NATIONAL COMMITTEE MEMBERS AND PRESIDENTIAL ELECTORS

The State Central Committee shall elect for confirmation by the Democratic National Committee a National Committeewoman and a National Committeeman for New Mexico. The election shall be held in the calendar year of the National Convention at a State Central Committee meeting which precedes the election of delegates to the National Convention. In such years a slate of nominees for Presidential Electors shall be submitted for nomination to the Post-Primary Convention by the State Chairperson (Chapter 1, Article 15, paragraphs 3.A and 3.B, Election Handbook of the State of New Mexico, 1999 Edition).

A vacancy occurring for National Committeeman or National Committeewoman shall be filled by majority vote of the State Central Committee. A vacancy among, or absence of, Presidential Electors shall be filled according to Chapter 1, Article 15, paragraphs 6.C and 7, Election Handbook of the State of New Mexico, 1999 Edition.

RULE 19 QUORUM

Unless otherwise specified in these rules, a quorum of a body, including written proxies when permitted, shall be 0.3 of a state body's membership, and 0.4 of a county body's membership.

Elected or appointed persons affected by reason of any challenge who are also members of the body that shall adjudicate the challenge shall not vote in any contest until those persons' credentials are approved. In such cases, for the purpose of quorum, the body adjudicating the challenge shall be deemed reduced in size by the number of positions being challenged.