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PARLIAMENTARY OPINION
for the Halifax County Democratic Party
September 26, 2014


INTRODUCTION

Several Democrats from Halifax County, North Carolina contacted me expressing
concerns about whether or not the Halifax County Democratic Party would make
public endorsements in the 2014 General Election. I also have been asked by the
chair of the Halifax County Democratic Party to submit a written parliamentary
opinion. Based on conversations with various parties, this parliamentary opinion
is intended to answer the following questions:

1. Can the Halifax County Democratic Party act to endorse or not endorse
either a registered Democrat who collects the required statutory signatures
in accordance with NC Gen. Stat. 163-122 and runs as an unaffiliated
candidate nominated by petition, a registered Democrat write-in candidate
who collects the required statutory signatures in accordance with NC Gen.
Stat. 163-123 and runs as a write-in candidate or the Democratic Partys
nominee?

2. Did the Halifax County Democratic Party Executive Committee at its
meeting on September 16, 2014 act not to make any public endorsements
of Democratic candidates whether federal, state or local in the 2014
General Election?

3. Are there grounds for removal under Section 10.01 of the North Carolina
Democratic Party Plan of Organization for an officer or committee
member of the Democratic Party, who supports, aids or helps a registered
Democrat who collects the required statutory signatures in accordance
with NC Gen. Stat. 163-122 and runs as an unaffiliated candidate
nominated by petition or a registered Democrat write-in candidate who
collects the required statutory signatures in accordance with NC Gen. Stat.
163-123 and runs as a write-in candidate opposing the Democratic
nominee?


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BACKGROUND INFORMATION

Section 10.01 of the North Carolina Democratic Party Plan of Organization reads
as follows:

Any officer or committee member of the Democratic Party at any level,
including the precinct, the county, the congressional district, the
prosecutorial district, the state senatorial district, the state house of
representatives district, the state executive committee, the state executive
council or any committee, subcommittee, or council thereof, who directly
or indirectly, gives support to, aids or helps any opposing party or
candidate of any opposing party, or who refuses or fails to perform his or
her duties, or who is convicted of a crime involving moral turpitude, may
be removed from office.

On September 24, 2014, members of the North Carolina Democratic Party
including the chair, a former chair, executive director, chair of the Plan of
Organization Rewrite Committee and former chair of the Plan of Organization
Rewrite Committee were contacted.

David Parker, the former chair of the North Carolina Democratic Party, provided
the following statement:

The Council of Review in February of 2012 held that the Cabarrus County
Chair was not precluded from endorsing a write-in candidate who was a
Democrat regardless of whether there was a Democratic nominee. The
reasoning appeared to be that there was no specific prohibition of her
doing so in the Plan [of Organization].

A request was submitted to the North Carolina Democratic Party for a transcript
of this particular Cabarrus County Council of Review ruling; however, it was not
made available at the time of this publication.

Cliff Moone, the former chair of the Plan of Organization Rewrite Committee,
stated:

This, as you know, has been somewhat controversial within the SEC and
to date has not been resolved because the SEC did not act on the first PoO
Rewrite Committees proposals. I believe no one has brought a particular
amendment separately to the floor of the SEC on this matter.

In spite of the above statement, Mr. Moone also opted that a person running as
an unaffiliated who runs against the Democratic nominee at the very least is
indirectly supporting a candidate of an opposing party.

On September 25, 2014, John Brooks, the chair of the North Carolina Democratic
Party Council of Review, was consulted. Mr. Brooks stated although he was not
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the chair in February 2012 for the Cabarrus County case, he concurred with the
ruling.

The following background information was provided by Marilyn Harris, secretary
of the Halifax County Democratic Party:

On September 16, 2014, the Halifax County Democratic Party held its
monthly executive committee meeting at the Halifax County Cooperative
Extension Office. At this meeting, there was a discussion about whether or
not public endorsements should be made. Although there appeared to be
support not to make any public endorsements, no members of the
Executive Committee moved or seconded any action of the governing
body; therefore, there was no action taken at this meeting.

RESOURCES REFERENCED

(1) North Carolina Democratic Party Plan of Organization
(2) NC Gen. Stat. 163-122/3
(3) Roberts Rules of Order Newly Revised (10th ed.)
(4) David Parker, former chair of the North Carolina Democratic Party (personal
communication)
(5) John Brooks, chair of the North Carolina Democratic Party Council of Review
(personal communication)
(6) Cliff Moone, former chair of the North Carolina Democratic Party Plan of
Organization Rewrite Committee (personal communication)
(7) Marilyn Harris, secretary of the Halifax County Democratic Party (personal
communication)

DISCUSSION

1. Can the Halifax County Democratic Party act to endorse or not
endorse either a registered Democrat who collects the required
statutory signatures in accordance with NC Gen. Stat. 163-122 and
runs as an unaffiliated candidate nominated by petition, a registered
Democrat write-in candidate who collects the required statutory
signatures in accordance with NC Gen. Stat. 163-123 and runs as a
write-in candidate or the Democratic Partys nominee?

From a parliamentary standpoint, procedural rules contained in the North
Carolina Democratic Plan of Organization does not prohibit the Halifax
County Democratic Party from endorsing (supporting) or not endorsing
either a registered Democrat who is a write-in candidate who collects the
required statutory signatures in accordance with NC Gen. Stat. 163-123, a
registered Democrat who collects the required statutory signatures in
accordance with NC Gen. Stat. 163-122 and runs as an unaffiliated
candidate nominated by petition or the Democratic nominee, which the
Council of Review ruled in the February 2012 Cabarrus County case.
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Section 10.01 of the Plan of Organization, however, prohibits any officer or
committee member from giving support, aide or help to an opposing
party or candidate of an opposing party.

The Halifax County Democratic Party may elect to endorse or not to
endorse either a registered Democrat write-in candidate who collects the
required statutory signatures, a registered Democrat who collects the
required statutory signatures and runs as an unaffiliated candidate
nominated by petition or the Democratic nominee. On the other hand, the
Halifax County Democratic Party is strictly prohibited from endorsing any
candidate who is not registered as a Democrat.

2. Did the Halifax County Democratic Party Executive Committee at
its meeting on September 16, 2014 act not to make any public
endorsements of Democratic candidates whether federal, state or
local in the 2014 General Election?

Since the background information provided by the secretary of the Halifax
County Democratic Party indicates that no action was taken by the
Executive Committee at its September 16 meeting or prior (only
discussion), the Halifax County Democratic Party has not acted to endorse
or not endorse neither has it acted to endorse a registered Democrat who
collected the required statutory signatures and is running as an
unaffiliated candidate nominated by petition, a write-in candidate who
collected the required statutory signatures or the Democratic nominees in
the 2014 General Election.

No decision has been made in accordance with parliamentary procedure
consistent with Section 11.14 of the Plan of Organization.

3. Are there grounds for removal under Section 10.01 of the North
Carolina Democratic Party Plan of Organization for an officer or
committee member of the Democratic Party, who supports, aids or
helps a registered Democrat who collects the required statutory
signatures in accordance with NC Gen. Stat. 163-122 and runs as an
unaffiliated candidate nominated by petition or a registered
Democrat write-in candidate who collects the required statutory
signatures in accordance with NC Gen. Stat. 163-123 and runs as a
write-in candidate opposing the Democratic nominee?

In the February 2012 Carrabus County case, the Council of Review ruled
there were no grounds to remove the county chair based on her support of
a registered Democrat, who was not the Democratic Partys nominee. The
chair was able to retain her office.

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Based on this ruling and from a parliamentary standpoint, there are no
grounds for removal for an officer or committee member of the Halifax
County Democratic Party merely for supporting a registered Democrat
regardless if the candidate is or is not its Partys nominee.

CONCLUSION

1. Can the Halifax County Democratic Party act to endorse or not
endorse either a registered Democrat who collects the required
statutory signatures in accordance with NC Gen. Stat. 163-122 and
runs as an unaffiliated candidate nominated by petition, a registered
Democrat write-in candidate who collects the required statutory
signatures in accordance with NC Gen. Stat. 163-123 and runs as a
write-in candidate or the Democratic Partys nominee?

Consistent with Section 2.03 of the North Carolina Democratic Party Plan of
Organization, the Halifax County Democratic Party may or may not act to
endorse any registered Democrat who is seeking office as the Democratic
nominee or seeking office in accordance with NC Gen. Stat. 163-122 or 123 in the
2014 General Election absent of any amendments to this section passed as
outlined in Section 12.01 of the Plan of Organization.

Any active Democrat of Halifax County with a concern about whether the county
party will make endorsements should address this concern with the county chair
and other members of the Executive Committee. Thus, only the Halifax County
Democratic Party can determine whether or not endorsements will be made in
the 2014 General Election and if so, which registered Democrats are endorsed.

2. Did the Halifax County Democratic Party Executive Committee at
its meeting on September 16, 2014 act not to make any public
endorsements of Democratic candidates whether federal, state or
local in the 2014 General Election?

RONR (10
th
ed.), page 26, lines 19-20, states, A motion is a formal proposal by a
member, in a meeting, that the assembly take certain action.

Based on the background information provided, the Halifax County Democratic
Party DID NOT act at its September 16, 2014 meeting. Discussions do not
constitute action of a governing body.

Consequently the chair of the Halifax County Democratic Party in accordance
with Section 2.04 of the Plan of Organization or its membership in accordance
with Section 11.01 of the Plan of Organization may call a meeting of the Executive
Committee with proper notice, which consists of a 14-day written notice via
registered US mail unless otherwise waived by written authorization to receive
email notification with a proposed agenda.

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Only actions properly taken while a quorum is present are valid. On the contrary,
the chair and/or members of the executive committee may elect not to call a
meeting for the purpose of taking any action on this matter.

3. Are there grounds for removal under Section 10.01 of the North
Carolina Democratic Party Plan of Organization for an officer or
committee member of the Democratic Party, who supports, aids or
helps a registered Democrat who collects the required statutory
signatures in accordance with NC Gen. Stat. 163-122 and runs as an
unaffiliated candidate nominated by petition or a registered
Democrat write-in candidate who collects the required statutory
signatures in accordance with NC Gen. Stat. 163-123 and runs as a
write-in candidate opposing the Democratic nominee?

Any action taken by an officer or committee member of the Halifax County
Democratic Party that supports, aids or helps a registered Democrat is not
grounds for removal under Section 10.01 of the Plan of Organization.

Furthermore any individual support, aid or help provided to a registered
Democrat that may be inconsistent with any endorsed candidate of the Halifax
County Democratic Party does not either constitute grounds for removal.

DISCLAIMER

This opinion is based on common parliamentary law, which deals with the
established principles of parliamentary procedure relating to the fair and orderly
transaction of business in deliberative assemblies and the protection of the rights
of members, and which is a separate field from federal, state and local law. This
is not a legal opinion, and nothing in this opinion is intended to be legal advice or
legal counsel. An attorney should be consulted in regards to any legal questions.

NOTE

A copy of this parliamentary opinion is being transmitted to the chair of the
Halifax County Democratic Party, chair of North Carolina Democratic Party,
executive director of the North Carolina Democratic Party, chair of the North
Carolina Democratic Party Council of Review, chair of the North Carolina
Democratic Party Plan of Organization Rewrite Committee.

Very respectfully submitted,


Donald G. Davis, CD-01
Chair
North Carolina Democratic Party

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