V. CHALLENGE BY RULE 9. — UNPLEDGED AND PLEDGED PARTY LEADERS AND ELECTED OFFICIAL DELEGATES
43. Charter Article Two, Section 4 states [emphasis added]::
... The delegates shall be chosen through processes which:
(h) notwithstanding any provision to the contrary in this Section:
(i) provide for all of the members of the Democratic National Committee to serve as unpledged delegates,
(ii) ...
(iii) permit unpledged delegates consisting of:
1) ...
2) the Democratic members of the United States Senate and House of Representatives,
3) the Democratic Governors,
4) ...
44. Charter Article Two, Section 5 states [emphasis added]:
...
(b) which shall also provide additional delegate positions to members of the Democratic National Committee, and
(c) which may also provide additional delegate positions to Democratic elected public officials specifically designated by the Democratic National Committee in the Call to the Conventions, subject to the provisions of Section 4.
45. The Delegate Selection Rules for the 2008 Democratic National Convention are a subordinate creation of the Charter of the Democratic Party of the United States.
46. Rule 20.C(1)(a) mandates automatic sanctions:
... In addition, none of the members of the Democratic National Committee and no other unpledged delegate allocated pursuant to Rule 8.A. [sic, 9.A.] from that state shall be permitted to vote as members of the state’s delegation. ... [emphasis added]
47. The Rules were approved by the DNC, and the membership understood that the Rules would be applied to themselves.
48. These provisions can readily be harmonized.
49. The Michigan party leader and elected official (PLEO) delegates attend only by permission (“permit” and “may” in the Charter), but are not allowed to vote on convention business as members of the state’s delegation.
50. All Michigan DNC members are allowed to attend the convention, but also are not allowed to vote on convention business as members of the state’s delegation. They could vote on party business that is not conducted by state delegation.
51. In the alternative, the Charter provides for the permanent removal of DNC members “for cause”. [Charter, Article Three, Section 4]
52. Intentional violation of the Rules adopted by the DNC should “constitute good and sufficient cause.” [Bylaws, Article Two, Section 5]
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