Why the Terhune Convention Won’t Count
Many of you are confused over efforts by some Nevada Republican Convention delegates to hold a separate convention in Reno on June 28, 2008, and have asked why this convention won’t count or be able to conduct any official business. There are a number of reasons for this, and research into the issue is ongoing. However, I hope this will help clear up some of the confusion…
As for the party bylaws, Article 4, Section 2 discusses “Special Meetings,” under which the June 28 meeting would arguably fall. The bylaws stipulate that such special meetings may be called by the Chairman, a majority of the Executive Committee members, or 1/3 of the members of the Nevada Republican Central Committee. None of these entities are involved in the unauthorized meeting being proposed for June 28th.
Furthermore, Article 4, Section 3 stipulates that the “call” for any such special meetings “shall be mailed to all members via conventional mail - unless a member has authorized, in writing, notice by e-mail only - to all members at least 45 (forty-five) days prior to the meeting.” This, too, has not been done by those promoting the June 28 meeting.
Arguably, some might suggest that reconvening the convention doesn’t fall within the category of “Special Meetings;” however, Article 3, Section 2 of the bylaws clearly states that the Nevada Republican Central Committee has the sole authority “To set the time and place and to issue the call for the State Convention.”
The party, through its Executive Committee and as authorized by the bylaws, has set the date, time and place for re-convening the State Convention for July 26, 2006. The unauthorized meeting some convention delegates are attempting to conduct on June 28th does not comply with the party’s bylaws, not to mention Nevada Revised Statutes. In fact, NRS 293.150 specifically states:
“The delegates elected to the state convention of each major political party by the several county conventions of that party shall convene on such respective dates as the state central committees of the parties designate in each year in which the general election is to be held, at the State Capital, or at such other place in the State as the state central committee of that party designates.”
Once again, NRS stipulates that the state central committee has the power and authority to convene a state convention. There is no authority for a handful of convention delegates to do so on their own. In addition, NRS 293.163 stipulates the following:
“In presidential election years…but one state convention shall be held on such respective dates and at such places as the state central committee of the party shall designate. If no earlier dates are fixed, the state convention shall be held 30 days before the date set for the national convention…”
Once again, the central committee is recognized as the sole authority with the power and responsibility to set the time and place of the state convention. Furthermore, NRS specifically states that only ONE STATE CONVENTION SHALL BE HELD. The Nevada Republican Central Committee has set the time and place to reconvene our convention on July 26, 2008. By law, no secondary state convention can be authorized; therefore, any business conducted at any other “convention” would be null and void.
And for the record, re-convening on July 26, 2008, fulfills the requirement that our state convention “be held 30 days before the date set for the national convention.”
Some have argued that re-convening that state convention is, in fact, an “additional state convention,” by which NRS 293.150 would apply:
“The state central committee of each major political party may convene additional state conventions of its party at such times and places as it designates during the period between the state conventions, as provided in subsection 1, and the next ensuing precinct meetings, as provided in NRS 293.135. The composition of the delegates at those conventions must be the same as that certified pursuant to subsection 3 of NRS 293.140.”
Once again, the power to convene such “additional state conventions” rests with the central committee. However, this chapter of NRS raises yet another salient point. Whether one re-convenes the previous state convention, or calls for an additional state convention, “composition of the delegates at those conventions must be the same.”
The fact is, only the Credentials Committee of the original April 26, 2008, state convention possesses the authorized list of convention delegates. Any unauthorized meeting of convention delegates - as the June 28th meeting would certainly be – could not possibly assure that the composition of the delegates at the unauthorized meeting complies with NRS, as the organizers of such this unauthorized meeting will not have a copy of the official list of credentialed delegates.
Without the ability to verify whether or not those attending the unauthorized meeting are credentialed delegates, it would be impossible to determine if a true quorum existed. And absent a quorum, no official business may be transacted. Which means any “election” of delegates to the national convention which might take place at the unauthorized meeting would be null and void and the Republican National Committee would refuse to seat such delegates in Minneapolis.
In case there’s any doubt about this, NRS 293.163 stipulates the following:
“In addition to such powers granted it, the state convention shall select the necessary delegates and alternates to the national convention of the party…”
This statute is consistent with Rule 15 of the Republican National Committee (RNC) rules regarding the election of delegates to the national convention. Paragraph (c)(1) states that “Delegates and alternate delegates to the national convention may be elected…by primary election; by the Republican state committee;…(or) by state…conventions.” Additionally, paragraph (d)(1) clearly and unambiguously states that “state conventions shall be called by the Republican state committee.”
Clearly, the Nevada Republican Central Committee and ONLY the Nevada Republican Central Committee is authorized to “call” the state convention to convene or reconvene. However, should the official reconvened convention not attain a quorum, please note that RNC rules also clearly recognize that the Nevada Republican Central Committee - through its Executive Board as per the party’s bylaws – would be authorized to select the delegates and alternates to the national convention.
As it has already been established that the one and only authorized reconvened state convention will be the one which the Nevada Republican Central Committee has called for July 26, 2008, there is simply no legal way for delegates at an unauthorized meeting to elect delegates to the national convention, nor would any such delegates be recognized by the RNC. There is simply no provision for an unauthorized meeting of non-credentialed state party delegates to convene and elect national convention delegates. I just don’t know how to make it any clearer than that.
As for Robert’s Rules of Order, those are generally considered only when a matter arises which isn’t already addressed in the organization’s bylaws and/or statutes. Since our bylaws and NRS clearly state how special meetings and the state convention are to be handled, Robert’s simply doesn’t appear to apply when it comes to setting the date, place and time for re-convening the state convention.
That being said, according to Robert’s Rules of Order, Newly Revised, 10th Edition, “If more than one mass meeting is necessary to achieve a certain objective…a temporary organization to continue beyond a single mass meeting may become necessary. If so, the officers elected at the first meeting are designated chairman pro tem and secretary pro tem…”
Additionally, Robert’s stipulates: “If such rules specify periodic dates on which meetings are to be held, each meeting is a separate session (8) as in an ordinary society; but if the time of each succeeding meeting is set at the previous meeting or is ‘at the call of the chair,’ the entire series of meeting constitutes a single session.”
In short, more than one mass meeting is necessary to achieve the objective of electing delegates to the national convention. And at the first meeting of the state convention, state Sen. Bob Beers was duly elected as chairman of the meeting. As the time and place of “succeeding meetings” was not established at the first meeting, any follow-up meetings would be “at the call of the chair.” No such call has been issued by Convention Chairman Bob Beers, including the unauthorized meeting on June 28th.
In summary, the Nevada Republican Convention is scheduled to officially re-convene on July 26, 2008, for the purpose of electing delegates and alternates to the Republican National Convention. No other meeting for that purpose is authorized or will be recognized. And that’s the Lowden Line.
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Sounds like a solid case to me! Hows that for some research?!
Right Wing Conspiracy — June 9, 2008 @ 3:25 pm
[...] A small band of wacko, “newbie” Ron Paul supporters, led by some guy in Reno named Wayne Terhune, is attempting to reconvene the Nevada Republican Convention on their own later this month. Nevada GOP Chieftess Sue Lowden posted a full explanation as to why this gig won’t fly – legally or otherwise – on her blog today, citing chapter and verse. THIS ought to drive the Paultards over the edge and have them chugging the Kool-Aid by dinner. Catch it HERE [...]
» Nevada News & Views - June 9, 2008 NoisyRoom.net: Courage is the price that Life exacts for granting peace. Amelia Earhart — June 9, 2008 @ 6:50 pm
Well argued, Sue. I may not like everything, but then our first Republican President, Mr. Lincoln, made it clear that not everyone will be pleased at all times. Best of luck, and I am confident you will do well in choosing delegates of high quality.
Scott Austin — June 9, 2008 @ 9:19 pm
Wait a second.. Someone disagrees with you, and you just delete the comment? I can understand if the commenter was insulting or uncivil, but I read the post. It was polite, it was well-reasoned and it happened to come to a different result than you did. Of course this is your blog, ergo it’s your playground and you set the rules. But arbitrary and capricious treatment does not lead to pleasant relations. Yes, people who comment on your blog are guests. But guests feel ill-treated if they are ejected for no reason other than they don’t toe the Lowden line.
Allen — June 10, 2008 @ 12:11 am
don’t care who’s nominated - disagreed with the recess - xxx told me to get over it. I was shocked - thought it was rude, but they had a point. None of this will change anything. I got over it. Move on. Look what you did - I sound like a democrat, Nove on.
voice of reason — June 10, 2008 @ 1:24 am
Folks, this isn’t about posts which are insulting or uncivil…though I’ve certainly received plenty of both from some people over this matter. The fact is, the Nevada Republican Party is reconvening the state convention on Saturday, July 26, 2008. Any posts designed to confuse the public or delegates by suggesting the convention is being reconvened on any other date simply will not be allowed.
Sue Lowden
Chairman
Sue — June 10, 2008 @ 9:34 am
First Congratulations to Sue Lowden for persisting in attempting to reconvene the convention in a balanced way that complies with the rules.
Whenever leaders are faced with outrageous attempts by radicals (whether of the far left or far right) to tear down the existing order so they can build their New World, there is a great temptation to overreact.
I know of no other state party that invited Ron Paul to speak at their convention.
Amidst wild claims that the party leaders were going to avoid reconvening, now that a firm date has been set for the Official Convention, I received today an unsigned letter soliciting participation in their unauthorized convention. This reveals their purpose was more to disrupt and control than to win by playing by the rules.
George Dugan — June 11, 2008 @ 10:31 am
Sue,
For the record, my wife and I are delegates who will be attending the July reconvening of the convention. Though we are Ron Paul supporters, we will only attend the July reconvening of the convention for two main reasons: 1: the cost of going to Reno twice in the next 60 days would be prohibitive, and 2: the June event won’t have a good way of verifying the credentials of those attending, aside from perhaps the delegate badges provided at the first convention meeting. But I don’t think those badges by themselves count for much, legally.
I do question one comment in particular that you made. But, perhaps you can set me straight on this.
You write that the State Committee can select the delegates to the national convention. My question is this: Does NRS specifically provide for this?
You quoted RNC rule 15 (c) (1) (ii) (the national delegates and alternates may be selected “by the Republican state committee”), but you left off the part where it states “where specifically provided by state law”.
I honestly don’t know if NRS provides for the state committee to select the national delegates/alternates. If it does not, then the implication is that if we do not obtain quorum before 30 days prior to the National Convention, Nevada will be a bit short of delegates (those delegates/alternates who would have been selected at the state convention).
Thanks and regards,
Ed
Ed — June 12, 2008 @ 1:22 pm
Now that Ron Paul dropped out today, does it pose a major threat to obtaining a quorum?
What happens now if there is no quorum?
Help,
Markus
markus — June 13, 2008 @ 12:34 am
There will most likely not be a quorum unless Ron Paul endorses McCain, and I’d bet and hope that wouldn’t happen in a million years. I will not be attending. I can afford a trip to Reno, but why waste the money? It seems that the Nevada GOP does not have the maverick, pioneer spirit that the rest of Nevada has. To all that are going to the convention, thank you for representing Nevada, and hey at least we have a great set of planks. Thanks to all see you at the next convention.
Kevin Harris — June 13, 2008 @ 3:22 pm
I’m not sure if the planks have been officially adopted. Perhaps the Convention has to reconvene to make them official. I don’t know. If someone knows, pass it along.
Dan May
Dan May — June 14, 2008 @ 7:16 pm
The Platform was voted on and adopted. Same as our next RNC nominees. As far as I know, the only things not voted on and remaining are delegates and resolutions.
Melody Howard — June 15, 2008 @ 10:42 pm
What is the Nevada GOP afraid of? Ron Paul? Go ahead, Nevada GOP, embrace McCain and go down in flames. It’s all for naught. Obama will trounce McCain in the general election. The GOP’s only chance is to revolt against the die hard neo cons and insist on a righteous leader, one with the United States Constitution as his platform….that would be, er, Ron Paul. Why is this so troubling to you Nevada GOP’ers? Do you like status quo?
alan laney — June 30, 2008 @ 9:12 am
Alan-
Soooo…how did your Ron Paul convention go?? Oooh, whats that? You didn’t get the quorom that all the RP people thought they would?? Awww, there’s a shocker. Where were the posts and blogs on different websites stating that you could reach quorom and conduct business?
If the RP route were truly the correct route, then he should atleast be able to muster a quorom amongst what most call “the most active convention goers”. The lack of participation frightens me about the options for a continuation of your “revolution”. I mean, now what grounds do you guys have for the national convention?
I was not a McCain fan at first, I won’t argue that. But, for the next 4 years of presidency, do you want a candidate that you agree with 60% of the time, or 0% of the time? A candidate that openly favors restrictions on 2nd amendment rights like Obama, or a candidate you can agree with on that stance?
Here is a good idea, and quite frankly, the only option to save this country. Help McCain win. Campaign for McCain, volunteer for McCain, and vote for McCain. Then, over the course of the next 4 years (during which McCain will be President) you can start your campaigning for a more conservative or libertarian candidate like Duncan Hunter or Ron Paul or whoever you believe would make a better president. Lets face it, the likelyhood of McCain being able to run for re-election in 4 years is slim. So, after you insure that he is our President, start building your grassroots THEN and when primary season comes around for 2012, start your campaigning early and hard.
You need to have the mindset that your two options this election are McCain or Obama. There will be 3rd party candidates to vote for, but the winner in November will be McCain or Obama. If Obama wins, you can gurantee yourself that he will be re-running in 2012, age is on his side. Look at it as the approach of getting the candidate least likely to run for re-election, therefore making it much more likely that your candidate (RP) can win the primary.
anonymous — July 1, 2008 @ 12:36 pm
Anonymous, I seriously doubt that the “official” reconvening will muster a quorum as well. This will soon be out of our hands and in the hands of the national central committee. Where us Ron Paul supporters will most likely be smacked down for questioning the authority of the Nevada central committee. But hey at least we tried. That’s politics. As for supporting McCain, well it going to be hard to convince us. I know one thing is for sure, things in the Nevada state republican party are going to change between now and 2012. Best of luck to all the McCain supporters.
Kevin Harris — July 5, 2008 @ 7:33 pm
Kevin, I also doubt that the state convention at the end of this month will muster a quorom as well. In which case the state central committee will appoint its delegates and the RP people will realize that they should have gone with the slate presented them at the original state convention. Then atleast they would have a couple delegates.
I understand its going to be tough to convince a lot of people that McCain is the way to go. There is no doubting that. However, keep in mind the complete and utter destruction that an Obama presidency will cause.
I am in no way a huge McCain supporter, and like most people say, he was not my first choice. But, the dangers our nation faces at the hands of an Obama presidency frighten me deeply.
I understand that all the RP supporters want 2 things: whats best for their country, and whats best for our party. I want the same thing. I understand that the best thing for our country is to keep Obama out of the white house. We all need to agree on that first, put aside what mccain is or isnt and keep in mind the goal of keeping Obama out of the white house because that is truly the best thing we can do for our country.
The pain the Republican party feels from its primary is large and its noticed by ALL true conservatives, whether they turned to Ron Paul or not. We ALL feel like we could have gotten a more conservative candidate on our platform and the thing that we needed to keep in mind is that handing the white house to the democrats alongside giving them both houses of congress is not going to solve that problem. We, as conservatives, as the base of our party, have 4 years to fix the problems we face this year. By the year 2012, we can change state party laws to not allow non-partisans to vote in our primaries, thus greatly decreasing the chance of a moderate republican being elected. Also, I highly doubt that McCain will be able to run for re-election, so we will have ourselves an open primary in 2012 and we can select a candidate that stands more closely to our party platform and the believes of it’s party members.
anonymous — July 7, 2008 @ 2:08 pm
Sorry, no matter what you say you will not convince me to support McCain. I guess I’ll just go put my tinfoil hat back on, and keep blogging with the rest of us kooks, who believe in personal liberty, and an america free of a controlling government. Maybe one day they will believe what we’ve been saying. Maybe one day America will be free again. Sic Semper Tyrannis!
Kevin Harris — July 8, 2008 @ 7:08 am
Kevin-
I am not arguing with you on that matter. I happen to agree with you completely. I do not want a President that is going to limit our personal liberty. I want an america that is also free of a controlling government. Just answer me one question, which of our two candidates will do a BETTER job at protecting our personal liberties and keeping insuring that america is less subservient to the government?
I don’t believe you are a kook. I feel that you are a hurt conservative like a lot of conservatives. There is no doubt there. But once again, do you want to wake up one day under an Obama presidency, where guns are outlawed in all aspects, our health care system is being run by the DMV, and we are paying 60% of what we make to the govt? I know you don’t and you know you don’t.
You don’t want to wake up and realize that you could have had a hand in making sure that our liberties are not in the hands of govt loving liberals.
If McCain were 50 years old and likely to run for re-election, then I wouldn’t try debating with you on why you should vote for McCain. But, lets face it, there is nothing that can be done about the party’s choice of candidate until 2012. I know a lot of people like to hear of the idea of “punishing the party”, but at what cost? Will you punish your nation by sitting by and letting someone like Obama run this nation? You will have to live with the fact by not voting for McCain in November, you have helped to gurantee that Obama will win this nation and he will take away every personal liberty you have.
I am not appealing for you to vote for McCain for the sake of McCain, but think of the very same personal liberties you just mentioned and know that they will be completely stripped under an Obama presidency.
anonymous — July 8, 2008 @ 11:03 am
I guess the late Gerry Garcia put it best, “the lesser of two evils, is still evil”. As an american I do not feel I am punishing the nation by not voting for McCain. I feel I am excersizing my constitutional right of picking who I believe will do the best job. I will be writing in the name of Ron Paul at the ballot box. I will do so and feel good about it. Knowing that I did not take part, or responsibility, in what either Obama or McCain will do to this country. I agree with you that an Obama presidency will strip more of our personal liberties, but is it not in the declaration of independence that states that when a government becomes overpowering and tyrannical that we the people have the right to dissolve or replace the said government? Yet, in this society as soon as someone with a dissenting voice or a group of voices rises up they are quickly labeled as terrorists, or radicals Something is deeply wrong with america today. It used to be said that dissent was patriotic. This is not so anymore. Dissent is silenced at every turn. Even at the April 26th convention dissention was not appreciated by the leadership. So the way I look at it anonymous is, I feel I am doing more for my country by supporting someone that I know has the answers to our problems, I will not follow the herd to slaughter. But know that I appreciate your comments and do understand you’re point of view.
Kevin Harris — July 9, 2008 @ 1:47 am
Sue,
I looked through NRS 293, and I didn’t find anything that solidly backs up your claim that the state Central Committee can appoint the delegates to the National Convention if the state convention doesn’t muster quorum. The best I could find was NRS 293.160 State and county central committees: Election of officers and executive committee; other powers:
“3. Each committee and its officers have general charge of the affairs of the party in the State or county, as the case may be, and have the powers usually exercised by such committees and their officers, subject to the provisions of this chapter.”
Even this is a weak argument, since as I mentioned before, RNC rules require that state law specifically allow the state central committee to appoint the national delegates. NRS does not specifically allow it.
Perhaps it is allowed elsewhere in NRS, but I only had time to look through chapter 293. If I missed it, please let me know.
If I’m right, what does this mean to us delegates? If we want Nevada to be represented (beyond the few automatic delegates) at the National Convention, we had better stinkin’ show up in Reno on July 26.
Best regards,
Ed
Ed — July 14, 2008 @ 7:06 pm
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