Area of Noncompliance II

The current constitution does NOT allow for a process to determine how "Republican" a person may be and any efforts to prevent a person's membership with the organization could result in litigation against the Party.  

It may be that the State Convention will seek to amend the constitution to more clearly define membership requirements because the legislature eliminated multiple provisions of MN Stat 202A.16, Subd. 1-3.

Any body of the Party that has implemented qualifications for membership 

beyond that which is articulated in 

Art II, Section 1 of the party Constitution, 

(which is currently ONLY the REQUIREMENT to "SUPPORT THE OBJECTIVES OF THE PARTY") 

creates NONCOMPLIANCE.

The repeal of these statutes may be reported to offer the Party more rights to limit who participates in the Party caucuses in February 2024. This is ONLY true if those limits are clear in the Party Constitution & Rules- which do not currently exist.  

Also, prior to the amendment to MN Stat 200.02, there was no identifiable criminal action related to this statute so there was no threat of enforcement. 

Now there is the threat of criminal enforcement directly within the amended statute, tied to the requirement that the Party certify to the truth of the matter to the state.

Additionally, the clear consequence of the loss of major party status if a Party is noncompliant has altered the ability to bring an action against the Party.

The right of a BPOU to govern itself is only limited by the Party Constitution and the specific powers or duties granted to the Congressional Districts and state authorities.  

Barring changes to the Party constitution, neither a Congressional District nor the State Executive Committee have the power to require a BPOU to comply with directives that are not embedded in the party Constitution.

Any threat of action against the leadership of a BPOU that is not rooted in constitutional authority would create noncompliance.

Delegates and Alternates to the BPOUs are granted their permanent delegate status through MN Statute 202A.18.

The precinct attendees who are elected to be BPOU delegates and alternates are 

permanently elected for their two-year term

and 

SHALL serve until their successors are elected in the subsequent general election year.

NO body of the Party has the authority to remove a duly elected BPOU delegate.

Any BPOU that has interfered with the right of a BPOU delegate to participate in the BPOU convention has created an issue of NONCOMPLIANCE that must be remedied to protect t