MIGOP Bylaws Reform Package 

MIGOP Bylaws Reforms

1.  Election Integrity for Conventions

Purpose:
To provide rules for committees holding elections at conventions that prohibit the committee from disenfranchising elected precinct delegates.  This is a voting rights act for Delegates.

Provisions:

• All Michigan Republican Party Conventions held to the same standard.

• All Elected Precinct Delegates at any convention are afforded the same voting rights.

• Delegate Protections

  • Detailed requirements for call to convention

  • Requirement for the actual convention to adhere to the call to convention

  • Requirement to credential delegates who present a valid government id

  • Written explanation required for any delegate who is refused a credential

  • Right of a delegate to enter, remain, participate, vote, and have vote counted unless duly expelled.

  • Prohibits intimidation of delegates.

  • Complaint / Appeal Rights

2.  Precinct Delegate Slots

Purpose:
Current bylaws allow a county chair to manipulate the number of precinct delegate slots in their county.  This power was allegedly used in the Hillsdale conflict to split the vote of certain precinct delegates in order to secure a majority for the incumbent EC.  To eliminate this potential abuse, it is proposed to set the number by a fixed ratio statewide.

Provisions:

• Set the number of precinct delegate slots based on a fixed ratio.

3.  County Party Autonomy 

Purpose:
To remove restrictions placed on county parties by state bylaws which dictate the number and composition of the County Party Executive Committee.

Provisions:

• Allows elected precinct delegates to determine the size of their EC 

• Allows elected precinct delegates to decide who will serve on their EC

4.  Oversight

Purpose:
Provides the required parliamentary authority for implementation of election integrity and delegate rights.  Provides a standing committee and standard process to be used for delegate complaints, bylaw violations, credentialing disputes, and any other conflicts. 

Provisions:

• Standing Committee and Standard process for issue resolution 

• Promotes solutions before conventions

• Provides due process, transparency, published written opinions, and remedies.

• Prohibits lawsuits within the Michigan Republican Party.

• Eliminate dependencies on several previously cited MCLs.  (* eliminated for simplification)

• When in conflict, State Committee bylaws prevail so that these provisions will have priority.  (* eliminated for simplification)

5.  Official Recognition

Purpose:
The Michigan Republican Party is comprised of the State Committee, the District Committees, and the County Committees.  Because this amendment package establishes new protections for delegates, new autonomy for county parties, new conflict resolution provisions, and enforcement provisions, it is advisable to assert naming and recognition rights to prevent scenarios (e.g. unofficial splinter groups) creating public confusion.  See related MI case law:  12-032864-CZ 

Provisions:

• Name, logo and image rights   (*removed at request of Chair Runestad)

• District and County Recognition

6.  Delegate Oversight of MIGOP

Purpose:
Every two year cycle, precinct delegates elect county, district, and state executive committees as well as the state committee chair and all state committee vice-chairs.  The following provisions provide precinct delegates an ongoing ability to police themselves and the committees they elect.

Provisions:

• Convention agendas to include a section for delegate initiated motions.

• Convention agendas to include a section for delegate initiated disciplinary process.

• Delegate oversight of EC membership.

• Delegate initiated EC bylaw amendment process.

• Elected Precinct Delegates select delegates to state convention.

ARTICLE X – Conventions

2. REPEALED

3. REPEALED

3. Conventions.  Conventions subject to state convention rules, including Fall Even Year Convention.

1. Call to Convention. The state committee shall determine the time and manner for holding state conventions and conventions where delegates to a state convention are selected or members of an executive committee are elected.

2. Delegates.  Specific definition for Precinct Delegates to provide clarification

   1. 1. 1. 1. 1. Elected precinct delegates are those (1) most recently elected by voters to be precinct delegates at the even year primary election or (2) elevated to fill a vacant or open precinct delegate positions at and in accordance with rules of a prior corresponding convention, and who have not vacated their seat by (a) winning a primary election in the same even year primary election, (b) submitting a written resignation to their corresponding Executive Committee Chair, (c)  moved from their corresponding precinct (d) death, (e) a ⅔ vote of Elected precinct delegates at a county convention that has not been reversed by the oversight committee, or (g) term expiration on the day of the next even year primary election.

2. Persons selected at a County Convention to be a delegate to the State or District Convention shall be afforded all rights and privileges provided to Elected precinct delegates in these Bylaws and shall be elected by Elected precinct delegates.

Any and all MIGOP convention hosts are subject to strict convention hosting rules 

Convention Hosts.  An executive committee hosting a convention and, as applicable, any Temporary or Permanent Chair of the Convention shall:

Requirement for a timely and detailed Call to Convention

3. issue, at least 30 days before the day of the convention,  a call to convention in accordance with corresponding convention rules passed by the state committee that includes: (1) an address within the corresponding county, (2) date that does not fall on a Sunday or Holiday, (3) a start time no earlier than 5:15pm and no later than 7:00pm, (4) a copy of this Article, and (5) a notice for any delegate removal recommendation made by the oversight committee including the corresponding information packet provided thereby.

Requirement to hold the convention according to the call to convention

4. hold the convention at the address and on the date. Start the convention within 10 minutes of the later of  (1) the start time and (2) when there are no more Elected precinct delegates that arrived by the start time and remain on the premises waiting to be credentialed. 

Requirement to credential delegates

5. credential each Elected precinct delegate arriving at the address on the date and by the start time that presents a corresponding valid government issue identification. 

Requirement to report any non-credentialed delegates

6. within 2 days following the convention provide to any person denied a credential, with copy to the oversight committee, the following: (1)  the name of the person or persons who denied the credential (2) the reason for the denial and (3) a copy of the call to convention. 

Requirement to allow full delegate participation

7. ensure that every credentialed Elected precinct delegate is allowed to remain and fully participate in the convention including voting in all matters before the convention and that every vote is counted , except where otherwise permitted herein. 

Prohibition of trespass or intimidation against delegates except for RR 61

8. not expel, trespass, threaten, fine, or intimidate any credentialed Elected Precinct Delegate or coerce the vote thereof, except where otherwise permitted herein. 

Requirement of convention host to use RR 61 for any necessary discipline

9. maintain order during the convention in accordance with Roberts Rules of Order, Chapter 61. 

Convention agenda must include section for delegate discipline

10. during a pre-defined section of the agenda not closed by majority vote, yield the floor to motions to vacate Elected precinct delegate seats for cause.  For each such motion, the chair shall entertain a motion to read any corresponding oversight committee recommendation.

Convention agenda to include Committee Bylaw and Membership changes

11. during a pre-defined section of the agenda not closed by majority vote, yield the floor to motions from Elected precinct delegates including (1) amendments to the bylaws of the corresponding executive committee that shall pass by ⅔ vote, and (2) removal and corresponding additions to executive committee membership that shall pass by ⅔ and majority vote respectively.

Convention agenda to include Delegate motions with protections for State

12. during a pre-defined section of the agenda not closed by majority vote, yield the floor to resolutions introduced by Elected precinct delegates that shall pass by majority vote.  At a state convention, the resolution shall have been previously passed within the prior 12 months by a state or district committee or delegate body of a district caucus or convention or shall otherwise be introduced for consideration by a ⅔ vote. 

Delegates determine their Executive Committee.  State requirements eliminated.

13. at the even-year fall county conventions except in counties that are subdivided by the state committee, provide for the Elected precinct delegates to select at least 15 persons to be the executive committee for that county.

Convention host to provide evidence of compliance with convention rules

14. upon request, provide evidence to the oversight committee illustrating that the convention was held in compliance with these bylaws, oversight committee rules, and convention rules.

ARTICLE XIII - County Executive Committees

       Delegates determine their Executive Committee.  State requirements eliminated.

2. REPEALED

Delegate slots fixed.  Eliminates gaming the system through tactical shrinkage

The allotment of Elected precinct delegates per precinct shall be greater of (A) 1 or (B) (1 per a count) of voters of the corresponding precinct that voted for the Republican nominee for SOS in the preceding SOS election rounded to the nearest whole number.  The value of a count shall be 100 except for in a case where the total allotment (summation of allotments per precinct) of Elected precinct delegates in a county or county subdivision created by the state committee exceeds 1200 in which case a count shall be calculated as (100* (total allotment / 1200)).  

See example spreadsheet by clicking HERE

ARTICLE VII - Committees

A committee elected by District Committees with Judicial responsibility.

10. Oversight Committee.  This standing committee shall only consist of only one person per each congressional district, residing therein and elected by the corresponding district committee within sixty days of the Spring State Convention in odd numbered years and serving until a successor is elected at a subsequent election held at a subsequent Spring State Convention of an odd numbered year.  A permanent vacancy in the oversight committee shall be filled by the corresponding congressional district committee.

This is your only job.  No excuse.  Cannot avoid.

1. Responsibilities. The oversight committee shall adjudicate open matters in accordance with the oversight process provided herein.

9 of 13 required to do business

2. Quorum.  The oversight committee shall only conduct business at meetings when at least 9 committee members are present and only when 7 days prior notice of the meeting has been provided to the members.  All meetings shall include an option to participate via video conferencing. 

Lawsuits are prohibited for those matters within the scope of this committee

3. Effect.  No county, district, or state committee or member thereof or delegate shall participate in, or promote or cause a lawsuit or fine against any other executive committee or member thereof or any other delegate if the subject of the lawsuit or fine is within the scope of the oversight committee.

The state committee may expand the scope of the oversight committee

4. Rules.  The oversight committee may adopt, amend, and promulgate rules to effectuate the oversight process provided herein.  The state committee may adopt and amend rules that expand the scope and powers of the oversight committee. The rules shall be available to any county, district, or state committee member or any delegate.

The scope of the committee is limited

5. Scope. The oversight committee shall consider matters including those allegedly adversely affecting one or more delegates, committees, or committee members in their capacity as such.

6. <moved to end>

This process is for making evidenced based rulings when conflicts arise.

7. Oversight Process.  

All actions start with a plaintiff filing a complaint

1. Initiation.  A complaint shall be sent by a plaintiff to the oversight committee including the names and contact information of the plaintiff, co-plaintiffs, defendants, co-defendants (i.e. the parties), a summary of the nature of the complaint, specific charges, and specific relief sought.

It takes ⅔ to refuse a case.

2. Acceptance. The oversight committee shall take up the complaint as a matter unless determined to be without sufficient merit by  ⅔ majority vote.

This is where parties submit evidence, cross-examine, and create the facts.

3. Documentation Period.  During the documentation period, the parties may submit documentary evidence into a repository accessible to the parties and to the oversight committee.  The parties and the oversight committee may submit questions and answers to the repository. The documentation period defaults to a duration of 5 days and is reset to a new 5 day period upon each repository submission unless and until the oversight committee votes by ⅔ to close the documentation period after two days following a notification of the imminent closing is sent to the parties.
   
   

  Oral arguments

4. Hearing. Subsequent to the documentation period a hearing shall be held including a question and answer period closed by a ⅔ vote of the oversight committee followed by closing arguments presented by the plaintiffs and defendants, each side having at least 10 minutes to present.

Signed written opinions encourage due diligence.

5. Ruling.  Subsequent to the hearing, the oversight committee will determine a ruling in accordance with their powers by majority vote.  The committee shall submit a majority opinion having the names of the supporting committee members thereon to the repository and, in the case of a split vote, also a minority opinion having the names of the supporting committee members thereon.  Any member may submit a supplemental opinion to the repository with names of supporting committee members thereon. 

Sunlight is the best disinfectant. 

6. Transparency.  The repository shall be accessible to members of the executive committees, the parties, and delegates.

Campaign related activity is excluded to prevent any FEC complications.

8. Limitations.  The oversight committee is limited to matters specified herein and shall not extend to executive committee campaign finance decisions, contribution coordination, fund transfers between committee or coordinated communications per 11 CFR 110.3(b)(3) and 11 CFR 109.21.

These are the tools that the committee has to work with to achieve delegate protection.

6. Powers. The oversight committee may determine one or more of:  

   1. executive committee compliance of convention rules and bylaws

   2. a requirement to hold a substitute convention 

   3. reversing an adverse action against a delegate made in violation of these bylaws and committee rules

   4. eligibility and composition of a delegation to a convention 

   5. eligibility of an executive committee to host a convention 

   6. persons ineligible to preside over a delegate convention for violation of these bylaws and committee rules

   7. persons recommended for precinct delegate removal

   8. official recognition of an executive committee

   9. recommendations to state committee