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Adopted by the Democratic National Committee
at its meeting January 19, 2002.
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(6) Affirmative Action Plans in detail (5) “Six basic elements” of an open
including affirmative action party [Rule 4];
obligations of presidential
candidates; (6) Non-discrimination principles [Rule
5];
(7) All petition requirements and filing
deadlines for delegate and alternate (7) Requirement that all steps take
candidates and for presidential place within calendar year of
candidates; convention [Rule 10.B.];
(10) Method of awarding delegates and (10) Quorum requirements [Rule 14];
alternates to presidential candi-
dates; (11) Proxy voting rules, if any [Rule 15];
(11) Methods and timetable for the (12) Unit rule prohibition [Rule 16.A.];
selection of permanent standing
committee members; (13) Slate making limitations [Rule
16.B.]; and
(12) Methods and timetable for the
selection of temporary standing (14) Succession of alternates to delegate
committee members; status and filling of vacancies in
delegate positions [Rule 17].
(13) Procedures for challenges of the
delegate selection and affirmative C. Each state party shall provide for a thirty
action processes; (30) day1 period of public comment to
solicit opinion on the state’s Affirmative
(14) Methods and timetable for the Action Plan and Delegate Selection Plan
selection of convention pages; and prior to adoption. All written public
comments submitted to the state
(15) Other appropriate provisions from Democratic Committee shall be
these Rules, the Call and the submitted along with the plans to the
Regulations. Rules and Bylaws Committee of the
Democratic National Committee (“DNC
B. The following items are to be routinely Rules and Bylaws Committee”).
included at an appropriate place in each
state plan: D. State Delegate Selection and Affirmative
Action Plans shall be submitted to the
(1) Eligibility requirements for DNC Rules and Bylaws Committee for
participation in the delegate approval on or before May 1, 2003.
selection process in conformance
with Rule 2 [Rule 2];
1
Unless otherwise explicitly specified, reference in these Rules to “day” or “days”
means “calendar days.” If the last day of a period falls on a Saturday, Sunday or a
federally recognized holiday, the time period shall be extended to the next
business day.
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E. The DNC Rules and Bylaws Committee C. State parties shall take all feasible steps
shall act on the proposed plans as soon to encourage non-affiliated and new
as practicable, but in no case later than voters to register or enroll, to provide
September 16, 2003, or four months simple procedures through which they
before the respective state’s first may do so and to eliminate excessively
determining step, whichever is earlier. Its long waiting periods for voters wishing to
decision shall be final and binding. register or to change their party
enrollment status. In all caucuses or
F. Implementation of state Affirmative conventions conducted pursuant to these
Action Plans shall begin no later than rules, all Democrats who comply with
September 16, 2003, or four months Rule 2.A, 2.A.(1), 2.A.(2). shall be
before the respective state’s first allowed to participate.
determining step, whichever is earlier.
D. At no stage of the delegate selection
G. State Delegate Selection Plans shall process shall any person be required,
specify the methods and timetable to be directly or indirectly, to pay a cost or fee
followed in selecting permanent and as a condition for participating in the
temporary members of standing delegate selection process. Voluntary
committees of the national convention. contributions to the Party may be made,
These procedures shall be in conformity but under no circumstances shall a
with the rules to be contained in the Call contribution be mandatory for
for the 2004 Convention. participation.
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caucuses, conventions, committee
meetings, filing dates, and Party
enrollment periods, shall be scheduled
for dates, times and public places which
A. Participation in the delegate selection
would be most likely to encourage the
process shall be open to all voters who
participation of all Democrats, and must
wish to participate as Democrats.
begin and end at reasonable hours.
(1) Democratic voters shall be those
B. All such meetings or events which are the
persons who publicly declare their
first meeting or event in the delegate
Party preference and have that
selection process shall be scheduled at
preference publicly recorded.
times and dates which are uniform
throughout the state, except where it is
(2) Implementation of this
established by the state party and
administrative matter shall be
approved by the DNC Rules and Bylaws
delegated to the DNC Rules and
Committee that such uniform times and
Bylaws Committee.
dates would significantly reduce
participation in the delegate selection
B. Nothing in these rules shall be interpreted
process.
to encourage or permit states with party
registration and enrollment, or states that
C. The times, dates, places, and rules for
limit participation to Democrats only, to
the conduct of all caucuses, conventions,
amend their systems to open
meetings and other events involved in the
participation to members of other parties.
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delegate selection process shall be support discrimination based on
effectively publicized by the Party “status.”
organization, official, candidate or
member calling the same. (3) The time and place for all public
meetings of the Democratic Party
D. Concise statements in advance of all on all levels should be publicized
meetings and events concerning the fully and in such manner as to
relationship between the business to be assure timely notice to all interested
conducted and the delegate selection persons. Such meetings must be
process shall be effectively publicized by held in places accessible to all Party
the Party organization, official, candidate members and large enough to
or member calling the same. accommodate all interested
persons.
E. No person shall participate in more than
one meeting which is the first meeting in (4) The Democratic Party, on all levels,
the delegate selection process. should support the broadest
possible registration without
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alternates.
C. Following the selection of unpledged add- (2) Members of the State Party
on delegates under 8.B., pledged party Committee have been elected
leader and elected official delegates are through open processes in
to be selected subject to the following conformity with the basic procedural
procedures: guarantees utilized for delegate
selection;
(1) Persons shall be considered for
pledged party leader and elected (3) Such delegates are elected at a
official delegates and alternates public meeting subsequent to the
according to the following priority: election of district-level delegates;
big city mayors and state-wide
elected officials to be given equal (4) Members of the State Party
consideration; state legislative Committee exercising such authority
leaders, state legislators, and other shall have been elected no earlier
state, county and local elected than the date of the previous
officials and party leaders. presidential election; and
(2) These slots shall be allocated on the (5) Membership of the State Party
same basis as the state’s at-large Committee complies with the equal
delegates. division requirements of Article 9,
Section 16 of the Charter of the
(3) If persons eligible for pledged party Democratic Party of the United
leader and elected official delegate States.
positions have not made known
their presidential preference under E. Except as provided in 8.A. above, no
the procedures established by the person shall serve as an automatic
state pursuant to Rule 11 for delegate at any level of the delegate
candidates for district-level and at- selection process by virtue of holding a
large delegate positions, their public or party office.
preferences shall be ascertained
through alternative procedures
established by the state party, which
shall require a signed pledge of
3
support for a presidential candidate. For the purpose of this section (D), a “state convention” shall not include a State
Party Committee acting as a state convention where the state’s Delegate
Selection Plan is not in full compliance with these rules.
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A. Jurisdictional Challenges. Any challenges (3) The DNC Rules and Bylaws
to a state party organization in respect to Committee shall either certify
its status as the body entitled to sponsor compliance, certify non-compliance
a delegation from that state must be or require corrective action after
presented to the DNC at any time up to which compliance or non-
thirty (30) days prior to the initiation of the compliance shall be certified.
state’s delegate selection process. Such
a challenge must be brought by at least C. (1) Violation of timing: In the event the
fifteen (15) Democrats from the state. Delegate Selection Plan of a state
party provides or permits a meeting,
B. Submission, Non-Implementation and caucus, convention or primary which
Violation Challenges. Failure to submit or constitutes the first determining
implement an approved affirmative action stage in the presidential nominating
program by the deadline specified in process to be held prior to or after
these rules shall constitute grounds for a the dates for the state as provided in
challenge with the burden of proof on the Rule 10 of these rules, or in the
challenged party. event a state holds such a meeting,
caucus, convention or primary prior
(1) At any time up to thirty (30) days to or after such dates, the number of
prior to the initiation of the state’s pledged delegates elected in each
delegate selection process, any category allocated to the state
group of not less than fifteen (15) pursuant to the Call for the National
Democrats in that state can Convention shall be reduced by fifty
challenge the affirmative action (50%) percent, and the number of
program on the basis of non- alternates shall also be reduced by
implementation of a specific fifty (50%) percent. In addition, none
requirement of a state plan, which of the members of the Democratic
challenge shall include reasonable National Committee and no other
documentation of alleged violations. unpledged delegate allocated
(In such challenges, the challenging pursuant to Rule 8.A. from that state
party shall have the burden of proof, shall be permitted to vote as
but the challenged party shall members of the state’s delegation.
present its case first.) In determining the actual number of
delegates or alternates by which the
(a) In the absence of any such state’s delegation is to be reduced,
challenge, the implementation any fraction below .5 shall be
of any such program shall be rounded down to the nearest whole
presumptively in compliance.
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number, and any fraction of .5 section C., against a state party and
or greater shall be rounded up against the delegation from the state
to the next nearest whole which is subject to the provisions of
number. any of subsections (1) through (3) of
this section C., including, without
(2) Violation of proportional limitation, establishing a committee
representation: In the event the to propose and implement a
Delegate Selection Plan of a state process which will result in the
party provides or permits the selection of a delegation from the
pledged delegates or alternates to affected state which shall (i) be
be allocated to a presidential broadly representative, (ii) reflect
preference (including uncommitted the state’s division of presidential
status) other than as provided under preference and uncommitted status
Rule 12 of these rules, or in the and (iii) involve as broad
event a state party, in fact, allocates participation as is practicable under
its pledged delegates or alternates the circumstances.
to a presidential preference
(including uncommitted status) other (6) Nothing in these rules shall prevent
than as provided under Rule 12 of the DNC Rules and Bylaws
these rules, the delegation of the Committee from imposing sanctions
state shall be reduced by the same the Committee deems appropriate
amount and as provided in section with respect to a state which the
C.(1) of this rule. Committee determines has failed or
refused to comply with these rules,
(3) Violation of the threshold: In the where the failure or refusal of the
event the Delegate Selection Plan of state party is not subject to
a state party provides or permits a subsections (1), (2) or (3) of this
threshold other than fifteen (15%) section C. Possible sanctions
percent as set forth in Rule 12 of include, but are not limited to:
these rules, or in the event a state reduction of the state’s delegation;
party in fact permits the pursuant to Rule 20.C.,
implementation of a threshold other recommending the establishment of
than fifteen (15%) percent as a committee to propose and
provided in Rule 12 of these rules, implement a process which will
the delegation of the state shall be result in the selection of a
reduced by the same amount and delegation from the affected state
as provided in section C.(1) of this which shall (i) be broadly
rule. representative, (ii) reflect the state’s
division of presidential preference
(4) Upon a determination of the DNC and uncommitted status and (iii)
Rules and Bylaws Committee that a involve as broad participation as is
state is in violation as set forth in practicable under the
subsections (1), (2) or (3) of section circumstances; reducing, in part or
C. of this rule, the reductions in whole, the number of the state’s
required under those subsections temporary and permanent members
shall become effective automatically to the Standing Committees;
and immediately and without further reducing, in part or in whole, the
action of the DNC Rules and Bylaws number of guests, VIP and other
Committee, the Executive passes/tickets to the National
Committee of the DNC, the DNC or Convention and related functions;
the Credentials Committee of the assignment of location of the state’s
Democratic National Convention. delegates and alternates in the
Convention hall; and assignment of
(5) Nothing in the preceding the state’s housing and other
subsections of this rule shall be convention related facilities.
construed to prevent the DNC Rules
and Bylaws Committee from (7) In the event a state shall become
imposing additional sanctions, subject to subsections (1), (2) or (3)
including, without limitation, those of section C. of this rule as a result
specified in subsection (6) of this of state law but the DNC Rules and
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Bylaws Committee, after an Selection Plan is either not
investigation, including hearings if approved by the DNC Rules and
necessary, determines the state Bylaws Committee or the specific
party and the other relevant method and procedures referred to
Democratic party leaders and in the first sentence of this
elected officials took all provable, subsection (8) are not approved by
positive steps and acted in good the DNC Rules and Bylaws
faith to achieve legislative changes Committee, or in the event a state’s
to bring the state law into Delegate Selection Plan specifies
compliance with the pertinent the method and procedures which
provisions of these rules and have been approved by the DNC
determines that the state party and Rules and Bylaws Committee, but
the other relevant Democratic party the state party fails or refuses to
leaders and elected officials took all implement those specific method
provable, positive steps and acted in and procedures, and in the event
good faith in attempting to prevent the state’s delegation is required to
legislative changes which resulted in be reduced pursuant to this Rule 19,
state law that fails to comply with the then the DNC Rules and Bylaws
pertinent provisions of these rules, Committee shall, by lottery, or other
the DNC Rules and Bylaws appropriate method determined by
Committee may determine that all or the DNC Rules and Bylaws
a portion of the state’s delegation Committee, determine which
shall not be reduced. The state delegates and alternates shall not
party shall have the burden of be a part of the state’s delegation in
proving by clear and convincing order to achieve the reduction of the
evidence that it and the other state’s delegation pursuant to this
relevant Democratic party leaders Rule 19. Any reduction of delegates
and elected officials took all under this provision shall be
provable, positive steps and acted in accomplished in a manner which
good faith to achieve legislative complies with the requirement of
changes to bring the state law into proportional representation as
compliance with the pertinent provided for in Rule 12.
provisions of these rules and that it
and the other relevant Democratic (9) Except as provided by subsection
party leaders and elected officials (7) of this section C., the fact that a
took all provable, positive steps and state party took provable, positive
acted in good faith in attempting to steps as provided in Rule 20 of
prevent the legislative changes these rules shall not preclude the
which resulted in state law that fails state’s delegation from being
to comply with the pertinent subject to the sanctions set forth in
provisions of these rules. subsections (1), (2), (3), (4) and (5)
of this section C.
(8) A state party may provide in its
Delegate Selection Plan the specific D. Unresolved Challenges and Report to the
method and procedures by which it Credentials Committee. The DNC Rules
will reduce its delegation pursuant to and Bylaws Committee shall report its
this Rule 19 in the event the state activities, together with all challenges and
party or delegation becomes subject complaints, to the Credentials Committee
to this Rule 19 by which categories of the Democratic National Convention.
of delegates must be reduced by In cases involving unresolved challenges
fifty (50%) percent, which specific which are appealed to the Credentials
method and procedures shall be Committee, the burden of proof shall rest
subject to the review and approval with the party presenting the challenge.
of the DNC Rules and Bylaws
Committee. In the event a state’s 6WDWH/HJLVODWLYH&KDQJHV
Delegate Selection Plan does not
provide for the specific method and
procedures referred to in the A. Subject to Rule 19.C. of these Rules,
immediately preceding sentence, or wherever any part of any section
in the event the state’s Delegate contained in these rules conflicts with
existing state laws, the state party shall
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take provable positive steps to
achieve legislative changes to bring
the state law into compliance with
the provisions of these rules.