THE LOWDEN LINE

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.