Noncompliance with statutes & The Party Constitution
MN Statute 200.02 NOW ALLOWS Major Party Status REVOCATION for failure to follow PARTY Constitution
There are many people across Minnesota who believe in and support Republican values but do not approve of the tactics of some party leaders who regularly usurp the grassroots of the MNGOP and interfere with efforts to defend the Party Platform.
These people now seek to protect the Party by demanding compliance with a recently amended MN statute that opens the door to the loss of Major Party status.
When Party leaders, or their lawyers, suggest otherwise, they are not telling the members of the Party the truth. The amended language of MN Statute 200.02 REQUIRES each MAJOR PARTY to CERTIFY as a FACT that the PARTY is in COMPLIANCE with MN STATUTE 200.02. This REQUIRES the MNGOP actually be IN COMPLIANCE with the PARTY'S CONSTITUTION & RULES & SPECIFICALLY MN Statute 202A.12 (all provisions) & 202A.13.
When Party leaders tell delegates and alternates the Party simply needs to file a document to be in compliance, they are IGNORING THE REQUIREMENT that the document be TRUTHFUL.
The facts of Party noncompliance has been a source of public awareness & scrutiny for years. Party lawyers have wrongly told disenfranchised delegates the Party can do what it wants with no fear of a consequence because the only remedy for a delegate was to hire a lawyer and incur costly fees that would damage the Party and not the wrongdoers- party officers and the attorneys.
Democrats have now passed a statute that provides a drastic consequence for any Major Party that violates the statutes that provide the Major Parties with rights and protections.
Do you really believe the Democrats are targeting the Marijuana Now Party?
Are the Democrats likely targeting the DFL?
Is there a chance, even a small chance, the Democrats have used the power of the Trifecta to capitalize on the unlawful actions of a few members of the MNGOP?
SCROLL DOWN TO READ THE AMENDED STATUTE AND TO REVIEW SUMMARIES OF SOME ISSUES OF NONCOMPIANCE THAT MUST BE ADDRESSED
NONCompliance with Party Constitution & rules & MN Statutes:
Minnesota Statutes MUST ALWAYS be followed by Political Parties
Members of the Party SHALL BE all Minnesotans who SUPPORT Party Objectives
Members of the Party SHALL BE all Minnesotans who SUPPORT Party Objectives
This provision of the Party Constitution acknowledges what is a recognized fact: The Party is bound by federal and state laws and constitutions. When a state statute specifically binds a political party, there is no room for deviation from
the statutes plain language.
Based upon publicly available facts, the Party is not in compliance with multiple MN Statutes, including provisions of 200.02 and 202A.
See issues addressed on the website pages labeled:
Noncompliance
&
Noncompliance II
Members of the Party SHALL BE all Minnesotans who SUPPORT Party Objectives
Members of the Party SHALL BE all Minnesotans who SUPPORT Party Objectives
Members of the Party SHALL BE all Minnesotans who SUPPORT Party Objectives
The Party shall include as members every citizen of Minnesota who expresses the desire to support the Party. There are times when some Republicans question the sincerity of other Republicans. There is a difference between ignoring a person and excluding a person. Discussion of differences is a necessary fact of politics and members of the Party should expect to disagree with other members about a variety of issues.
If a body formally determines a person is not Republican enough to be a MEMBER (i.e. excludes the member), that body becomes noncompliant with the constitution (and may be exposing the Party to civil litigation).
(Familiarize yourself with issues of suspension and removals that occurred in Otter Tail County and Clay County.)
Right to Participate in Conventions Shall NOT be Denied
Article II requires EVERY body of the Party (including, and perhaps especially, BPOUs) to recognize the right of ANY voter to participate in ANY convention where the VOTER IS ENTITLED BY LAW TO PARTICIPATE.
BPOU delegates are elected under
MN Statute 202A.18
If any body of the party denied or abridged the right of any voter to participate in a convention (i.e. a BPOU convention) where he / she was entitled to participate by law, that body violated the law and has created an issue of noncompliance for the Party.
(Again, become familiar with Otter Tail "suspensions" and the Clay County BPOU failure to provide the Call to Convention to permanently elected BPOU delegates. )
BPOU Delegates are Permanently Elected Under MN Statute 202A.18 & Can NOT be Denied Rights
MN Statute 202A.18 governs the election of PERMANENT Delegates at the precinct caucus. The use of the word PERMANENT makes it clear- a properly elected PERMANENT DELEGATE TO HIS/HER BPOU can NOT be removed as a Delegate to the BPOU convention. Additionally, the chair of the precinct caucus SHALL CERTIFY the names of the elected PERMANENT DELEGATES to the BPOU Chair AND the chair of the STATE CENTRAL COMMITTEE. Any removal (or a "suspension", which is simply a disingenuous removal) of a permanent delegate violates BOTH MN Statute and the Party Constitution.
Any body of the Party that has disenfranchised a permanently elected delegate has tainted the results of connected BPOU and CD conventions (and all elections and votes to amend bylaws and constitutions that occurred at those elections).
THOSE BODIES WOULD BE IN NONCOMPLIANCE until those violations are remedied.