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RULES GOVERNING THE SELECTION OF NOMINEES/ENDORSEES FOR PRESIDENT AND VICE-PRESIDENT OF THE UNITED STATES FOR THE NOMINATION AND ENDORSEMENT OF THE REFORM PARTY OF THE UNITED STATES OF AMERICA April 29, 2004 These rules are operative as of 29 April and are subject to change preceding the earlier of May 12, 2004 or the date the RPUSA Nominee/Endorsee is selected, which is currently scheduled to begin May 10th. Revision 22 (adopted 04/29/04) Article I - Definitions Section 1. "Contestant Qualification Validation Committee" or "CQV Committee", for the purpose of Nominating/Endorsing a candidate for President and a candidate for Vice-President of the United States, in accordance with the United States Constitution, applicable law, the RPUSA Constitution, these Rules, and other applicable rules of the RPUSA, shall mean the Credentials Committee of the RPUSA when meeting as the CQV Committee, for the purposes provided for in these rules. Section 2. "Law" shall be defined, for purposes of these Rules, as any and all applicable valid Federal and State laws governing the activities of Nomination and Endorsement Contestants, and the RPUSA itself. Section 3. "National Committee", as applied within these Rules, shall mean the National Committee of the Reform Party of the United States of America, in accordance with the RPUSA Constitution, and other applicable rules of the RPUSA. Section 4. "National Committee Voting List" means, for any given session of the National Committee, those National Committee Members with voting rights who are initially defined by the voting list supplied in the Initial Credentials Report. The National Committee Voting List may be further modified during a National Committee session as detailed in the RPUSA Constitution Article VI, Section 2.g. Section 5. "Nomination" and "Endorsement" are equivalent, "Nominating" and "Endorsing" are equivalent, and "Nominee" and "Endorsee" are equivalent, in accordance with the RPUSA Constitution. Section 6. "Nomination and Endorsement Contestant", and "Contestant", shall be defined within these provisions as anyone competing for the RPUSA Nomination and Endorsement for President of the United States, as announced by that individual and by the CQV Committee, and in accordance with the RPUSA Constitution, these Rules, and other applicable rules of the RPUSA. Section 7. "Nomination and Endorsement Session" shall mean, one or more quorumed meetings ("Nomination and Endorsement Meeting") of the PNEVMs who are reported as such by the Credentials Committee. The first meeting of the Nomination and Endorsement Session shall have at least 7 days previous notice and shall be called by the National Committee or their designee. Previous notice shall be sent to the current National Committee Voting List. The Nomination and Endorsement Session may be conducted by teleconference and shall be tape recorded. The Nomination and Endorsement Session shall be chaired by the following individuals in the order of availability: the National Chairman, the National Vice Chairman, an elected Chairman pro tem. Section 8. "Official", for purposes of these Rules, shall mean having been previously approved by appropriate committees of the RPUSA. Section 9. "Presidential Nomination and Endorsement Voting Member" or "PNEVM", for the purpose of Nominating/Endorsing a candidate for President and a candidate for Vice-President of the United States, in accordance with the United States Constitution, applicable law, the RPUSA Constitution, these Rules, and other applicable rules of the RPUSA, shall mean a National Committee Member who is on the current National Committee Voting List, and has fulfilled the disclosure requirements of Article V of these rules. Section 10. "Quorum" means, a majority of all PNEVMs, but shall not count PNEVMs excluded from the count by RPUSA Constitution Article XIV - "Deadwood" which is applicable. Section 11. "Recognized State Party Organization of Record", also referred to as "SPO's" or "State Party Organizations", shall mean those organizations as defined in the RPUSA Constitution. These SPOs shall constitute State Party Organizations, Recognized as Parties of Record. Section 12. "RPUSA", as applied within these Nominating/Endorsing Rules, is the acronym for the Reform Party of the United States of America, which means the Reform Party of the United States of America in Convention, National Committee, Executive Committee, Standing Committees, and/or Special Committees, as applicable. Section 13. "Unit Rule" is defined as the traditional vote tallying method in which the majority voters of any group acquire the vote count of those they defeat, thus creating a unanimous bloc of votes for their position. Article II - General Provisions Section 1. These Rules shall govern the selection process for the Nomination and Endorsement of candidates for President and Vice-President of the United States of America by the Reform Party of the United States of America, in appropriate election years. Section 2. These Rules may be amended or otherwise modified under the following provisions: a. During a Presidential election year, excluding January 1, 2004 through the earlier of May 12, 2004 or the date the RPUSA Nominee/Endorsee is selected, under the following provisions: 1. By 2/3 vote of the National Convention, or 2. By unanimous vote of the National Committee. b. At any other time under the following provisions: 1. By a majority vote of the National Convention, or 2. By a 2/3 vote of the National Committee. Section 3. These Rules shall not be suspended in any Presidential election year, excluding January 1, 2004 through May 12, 2004. Article III - Candidates for President and Vice-President of the United States of America Section 1. Nomination and Endorsement of the Candidate for President of the United States of America shall be by 2/3 vote of the Presidential Nomination and Endorsement Voting Members (PNEVMs), at the Nomination and Endorsement Session. Section 2. There shall be, at most, one Nominee/Endorsee and one Alternate Nominee/Endorsee each for the offices of President and Vice-President of the United States of America by the RPUSA, notwithstanding Article III, Section 3, Article VI, and Article VII of these Rules. Section 3. The ultimate Nominations and Endorsements product of the RPUSA Nomination and Endorsement Session shall be binding upon the Recognized State Party Organizations of Record, for the duration of the Presidential election year appropriate to said Nomination and Endorsement vote, notwithstanding Article VI of these Rules; however, in the event "None of the Above" is selected by the Nomination and Endorsement Session, each SPO may independently select no one or a Nominee/Endorsee of their choosing. In the event a Nominee/Endorsee is chosen, that Nominee/Endorsee shall be considered the RPUSA Nominee/Endorsee within that State. Section 4. Only persons eligible under the provisions of the Constitution of the United States of America, to be elected as President of the United States of America, may be considered for Nomination and Endorsement. Nomination and Endorsement Contestants are subject to these Rules, the RPUSA Constitution, and other rules of the RPUSA, as applicable, and thus permitted by the RPUSA to compete for said Nomination and Endorsement. Section 5. Any person competing for the Nomination and Endorsement for the office of President of the United States, having otherwise demonstrated eligibility to qualify for that office, shall be: a. A currently registered voter within the State of his/her permanent residence, at the time Nomination and Endorsement procedures are in order, during the Presidential election year appropriate to that Nomination and Endorsement. b. Registered as, or otherwise affiliated in an unambiguous manner as, a member of the Recognized State Party Organization of Record within the State of his/her permanent residence. c. Demonstrably in accordance with both a. and b. of this same section prior to consideration of Nominations and Endorsements by the Nomination and Endorsement Session. d. Supported through dated written pledge authored by at least three PNEVMs, submitted to the Contestant Qualification Validation Committee, and shall not issue such dated written pledge or any other instrument of support on behalf of his/her own Nomination and Endorsement. Only one such dated written pledge may be authored by each PNEVM at any one time, submitting a new dated written pledge, if a PNEVM desires to change their dated written pledge. e. The Section 5.b. and Section 5.c. requirements may be waived by a 2/3 vote of the National Committee. Section 6. The Nomination and Endorsement for the office of President of the United States shall precede any and all Nomination and Endorsement activities which provide for the purpose of selecting a Vice-Presidential Nominee/Endorsee. Section 7. Nomination and Endorsement Contestants for the office of President of the United States of America shall be announced by the Contestant Qualification Validation Committee. Section 8. Prior to Roll Call voting, each Nomination and Endorsement Contestant shall be allowed to speak and take questions from the PNEVMs for a period of time not to exceed 20 minutes. Section 9. There shall be Roll Call votes of the PNEVMs until a single selection acquires a 2/3 vote of the Nomination and Endorsement Session, who shall be declared the Nominee/Endorsee of the RPUSA for the office of President of the United States. a. Each roll call vote shall include "None of the Above". b. Whenever a Roll Call vote results in no one Contestant receiving a 2/3 vote, the Contestant receiving the fewest votes, excluding the "None of the Above" option, shall be dropped from the ballot and another Roll Call vote shall be conducted, repeating until an option receives a 2/3 vote. c. In the case of a tie vote for the fewest votes, excluding the "None of the Above" option, neither Contestant shall be dropped. d. Should "None of the Above" receive a 2/3 vote on any roll call vote, balloting shall cease and Article III, Section 3 shall apply. e. In the event only two Contestants and "None of the Above" are left as options, and none have received a 2/3 vote, neither Contestant will be dropped from the ballot and roll call voting shall continue for not more than 3 rounds, at which time if none have received a 2/3 vote, the Contestant with the fewest votes shall be dropped from the ballot. f. In the event only one Contestant and "None of the Above" are left as options, and neither option has received a 2/3 vote, roll call voting shall continue for not more than 6 rounds, at which time if neither option has received a 2/3 vote balloting shall cease and Article III, Section 3 shall apply. g. Following any roll call vote, at the request of any PNEVM, the Chairman shall declare a recess of 15 minutes prior to the next roll call vote. Any consecutive recess shall require a 2/3 vote. h. Prior to any roll call vote, at the request of any PNEVM, a period of ten minutes shall be allowed for debate. Any consecutive debate period shall require a majority vote, for 3 consecutive intervals, beyond which a 2/3 vote shall be required. Any mix of recess and debate periods which are consecutive to each other which consist of more than one recess and 3 debate periods shall require a 2/3 vote. Section 10. There shall be no fractional PNEVM counting. Section 11. Nomination and Endorsement Contestants whose vote support is insufficient to achieve Nomination and Endorsement by the Nomination and Endorsement Session may retire from consideration at his/her discretion, thereby automatically releasing from obligation any PNEVMs pledged to support him/her. Section 12. There shall be no proxy voting. Section 13. There shall be no reconsideration of any vote due to the absence of an individual PNEVM at the time said vote was recorded. Section 14. There shall be no imposition of a Unit Rule on any Recognized State Party Organization of Record. However, SPO PNEVMs who are unanimous, concerning any issue or vote while Nominations and Endorsements are in order, may characterize their votes accordingly. Section 15. The Nominee/Endorsee ultimately selected shall be afforded the privilege of selecting a person to be the Nominee/Endorsee for the office of Vice-President of the United States of America, and; a. The person so designated shall be subject to the same requirements of eligibility described in Section 4 of this Article. Section 16. Prior to the announcement of Nomination and Endorsement Contestants, all Nomination and Endorsement Contestants shall be advised of all the Founding Principles of the Reform Party (as stated below), the Rules of the RPUSA, and the Platform and Mission Statement of the RPUSA. FOUNDING PRINCIPLES OF THE REFORM PARTY Set the highest ethical standards for the White House and Congress: - No more gifts. - No more trips or junkets paid for by special interests. - No more free meals. - Pass laws with significant penalties - not rules. - Give Congress and the White House the same retirement plans and health care as the average citizen. Balance the Budget: - Develop a detailed blueprint to balance the budget. - Eliminate the practice of keeping some programs off-budget. - Pass the Balanced Budget Amendment. - Create an annual financial report in plain language so the American people will know whether or not we are following the plan to balance the budget. - Give the President the Line Item Veto. Campaign Reform: - Reduce the cost of campaigns by shortening the election cycle. - Vote on Saturdays and Sundays - not Tuesdays - so working people can get to the polls. - Replace the Electoral College process for electing the President with a direct vote from the citizens - so that every vote counts. - Prohibit announcements of exit polls until all voting has been completed in Hawaii. - Require Members of Congress to raise all money from voters in their districts, and require members of the Senate to raise all money from voters within their States. Term Limits: - Limit Members of Congress to three terms in the House of Representatives and limit Senators to two terms in the Senate. Create a new tax system: - It must be fair. - It must raise the money to pay the bills. - Require that any future tax increases under this new system be approved by the people in the next federal election, in order to impose discipline on spending. Carefully putting together plans to deal with Medicare, Medicaid and Social Security: - Explain these plans in detail to the American people. Get a consensus. - Pilot test each of these programs before implementing them nationwide to make sure they produce the anticipated results at the anticipated cost. - Keep these programs dynamic, so they can be changed based on experience - don't freeze them with restrictive legislation. Promoting jobs in the USA: - Negotiate trade agreements that promote American jobs, consumer safety, environmental protection, and fair trade. - Create a business environment that supports small business, which accounts for roughly 80 percent of jobs held by Americans today. Trade agreements, tax reform, health care reform, and other programs must reflect the needs of small business. Lobbying Reform: - Prohibit former elected and appointed officials from ever taking money from foreign governments or foreign interests. - Prohibit any former high level federal employees - including elected officials - from ever working as a foreign lobbyist. - Allow foreign governments to provide information to our government through the State and Commerce Departments and the Executive Branch, but prohibit them from giving contributions or gifts of any kind. - Allow foreign representatives to visit with Members of Congress, but under no circumstances allow them to give elected officials anything now or later. - Prohibit any former high level federal employees - including elected officials - from working as a domestic lobbyist for five years after leaving government service in the area for which they served. - Limit domestic lobbying to presenting client's ideas to the Legislative and Executive Branches - Prohibit domestic lobbyists from giving money, trips or other incentives to current or former members of the Legislative and Executive Branches. Section 17. If a Nominee/Endorsee is selected, then after the Nominee/Endorsee selection has been completed, the following process shall be used to select and Alternate Nominee/Endorsee. All original Nomination/Endorsement Contestants, except the selected Nominee/Endorsee for President, shall compete for Alternate Nominee/Endorsee for President. The process of selection of Alternate Nominee/Endorsee shall be the same as that specified for the Nominee/Endorsee. Article IV - Contestant Qualification Validation Committee Section 1. The Credentials Committee of the RPUSA shall act as a Contestant Qualification Validation Committee, and shall be referred to in these Rules as the Contestant Qualification Validation (or CQV) Committee. Section 2. The CQV Committee shall receive the names and documentation of those persons who seek the Nomination and Endorsement of the RPUSA for the office of President of the United States. Section 3. The CQV Committee shall: a. Endeavor to assist the potential Nomination and Endorsement Contestants of the RPUSA, and: b. Shall review submitted documentation of potential Nomination and Endorsement Contestants, accompanying certified copies of filing documents, and any other factual documentation deemed material to the authenticity and Nomination and Endorsement Contestant eligibility, in consistent adherence to these Rules and applicable Law, and: c. May at any time subsequent to receipt of any submitted documentation, request clarification or further verification of its content if the submitted documentation should be found deficient in establishing a Nomination and Endorsement Contestant's eligibility; and: d. Shall conduct said review of submitted documentation in an open, equitable manner which shall in no instance render conclusions, opinions, or inferences concerning the relative fitness of any Nomination and Endorsement Contestant to assume the office of President of the United States, and shall be concerned only with matters relevant to the eligibility of Nomination and Endorsement Contestants in terms of consistent adherence to these Rules and applicable Law; and: e. May issue reports periodically that reveal the identity of potential Nomination and Endorsement Contestants and discuss the deliberations and findings of the CQV Committee Body. f. Shall advise all Nomination and Endorsement Contestants of all the Founding Principles of the Reform Party (as stated in Article III, Section 16), the Rules of the RPUSA, and the Platform and Mission Statement of the RPUSA. Section 4. In the event that the CQV Committee and a Nomination and Endorsement Contestant cannot find full agreement concerning the eligibility of that particular Nomination and Endorsement Contestant, the CQV Committee shall: a. Prepare a written statement to that effect, outlining the nature, scope and all particular elements of said disagreement. b. Submit said written statement to the RPUSA National Chairman, the National Secretary, National Convention Committee Chairman, RPUSA legal counsel (if concurrently retained), and the potential Nomination and Endorsement Contestant. c. Orally present said statement before the Nomination and Endorsement Session immediately prior to the announcement of Nomination and Endorsement Contestants, and recommend to the Nomination and Endorsement Session that the particular Nomination and Endorsement Contestant named in said statement be disqualified, at which point an affirmative majority vote of the Nomination and Endorsement Session shall be required to allow the Nomination and Endorsement Contestant to remain in contention. Said Nomination and Endorsement Contestant may, at any time, withdraw his/her name from contention. Section 5. Documentation of Presidential Nomination and Endorsement Contestants shall be delivered by secure mail, e-mail, or package transport system, or courier to the CQV Committee's Chairman, Vice-Chairman, and Secretary, individually. Article V - Prohibitions and Disclosure Section 1. All RPUSA Officers are prohibited from engaging in certain relationships with Nomination and Endorsement Contestants. This prohibition is considered an integral part of ethical participation as officers of the RPUSA. a. The prohibition period with respect to any given Officer and Nomination and Endorsement Contestant begins at the announcement by the CQV Committee that the eventual Nomination and Endorsement Contestant is a Nomination and Endorsement Contestant and shall end upon selection of the RPUSA Nominees/Endorsees. b. During the prohibition period, RPUSA Officers shall not under any circumstance be the recipient of: 1. payment, 2. payment for services, 3. other compensation, 4. payment or compensation for expenses, 5. gifts, 6. contracts, 7. loans, 8. promises or understandings of any of the above, of a total value over $100, from any Nomination and Endorsement Contestant or their agents and these shall be prohibited relationships. c. A prohibited relationship is determined to exist if: 1. Voluntarily acknowledged by the Officer, and the acknowledgment is accepted by a majority vote of the National Committee, or 2. Without voluntary acknowledgment, but as determined by a 2/3 vote of the National Committee. d. If a prohibited relationship is determined to exist, the Office is declared temporarily vacant due to the functional conflict of interest by the Officer. A pro tem Officer replacement may be elected by a majority vote of the National Committee. The pro tem term shall end upon selection of the Nominees/Endorsees, at which time the original Officer who engaged in the prohibited relationship shall resume Office. Section 2. All eventual PNEVMs are required to disclose certain relationships. This disclosure is considered an integral part of ethical participation in a Nomination and Endorsement of the RPUSA. a. If any eventual PNEVM accepts, is currently receiving, has received, is expecting to receive, or has/is engaged in : 1. payment, 2. payment for services, 3. other compensation, 4. payment or compensation for expenses, 5. gifts, 6. contracts, 7. loans, 8. promises or understandings of any of the above, of a total value over $100, from any eventual Nomination and Endorsement Contestant, eventual Nominee/Endorsee or their agents, then the eventual PNEVM shall disclose this relationship and arrangement to the Credentials Committee. If there is no such relationship or arrangement, this shall also be stated in disclosure to the Credentials Committee. This disclosure shall be reported in the format specified by the Credentials Committee. This disclosure shall be initially submitted with the SPO's PNEVM information submission to the Credentials Committee. Disclosure information must be updated and current at the time PNEVM credentials are issued. The disclosure information, shall be available for inspection by any member of any RPUSA State Party Organization. b. The disclosure period begins twelve months preceding the Nomination and Endorsement, and shall end upon the selection of the Nominees/Endorsees. c. In the event there is a failure to disclose on the part of any potential PNEVM, such PNEVM credentials shall not be issued by the Credentials Committee until the disclosure has been completed. The failure to disclose shall be announced as part of the Credentials report. Article VI - Vacated Nominations and Endorsements Section 1. In the event that a Presidential or Vice-Presidential Nominee/Endorsee is unable to fulfill the obligations of Nomination and Endorsement due to death or withdrawal, the National Committee shall be authorized under this Rule to fill such vacancies by majority vote. Section 2. Each SPO shall be responsible under its own State Law and Rules for placement of the names of replacement Nominees/Endorsees on that State's ballot where possible. Section 3. In instances wherein the absent Nominees/Endorsees cannot be replaced on a State ballot, the replacement Nominees/Endorsees slate may be designated to receive the votes of the absent Nominees'/Endorsees' Electors. Article VII - State Ballots, Other Conflicts and Issues Section 1. If a. a State Party Organization could place the names of the RPUSA Nominees/Endorsees on their State ballot, next to the SPO Party name, and: i. The Nominees/Endorsees names have already been placed on the State ballot next to a name different from the State Party Organization name, and State law precludes the SPO from placing the names of the RPUSA Nominees/Endorsees on their State ballot, next to the SPO Party name; or, ii. The RPUSA Nominees/Endorsees fail to cooperate with filing requirements, or upon the timely request of an SPO or the RPUSA that the RPUSA Nominees/Endorsees fail to make a statement of intent to cooperate with filing requirements, excluding Article VI, making it impossible for the SPO to place the Nominees/Endorsees names on the State ballot next to the SPO Party name; then, b. When the above conditions are verified and certified to, and by, the National Committee; then, if Alternate Nominees/Endorsees have been selected by the RPUSA, then the RPUSA's Alternate Nominees/Endorsees shall become the Nominees/Endorsees; otherwise, with respect to that State Party Organization, "None of the Above" has been selected, and Article III, Section 3, shall apply. Section 2. Failure of an SPO to cooperate with the RPUSA Nominees/Endorsees for State filing requirements shall not be construed to cause applicability of Article III, Section 3, or Section 1 of this Article. |
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