How to use the Americans Elect Rules to Eject the Americans Elect Corporate Board (?)
Americans Elect wants to be the first corporation to run its own candidate for President of the United States without disclosing its funding sources. Strangely enough, that makes some people suspicious. But today I’ve found a feature of Americans Elect’s new draft rules that should allay those suspicions — so long as AE actually follows its own rules and their perhaps unintended consequences.
One of the suspicions people have identified with the presidential nominating process rolled out by the Americans Elect corporation is that according to corporate bylaws the AE corporate Board of Directors is self-appointed, cannot be removed except by the board itself, and has the right to change the rules of the presidential nomination in the middle of the process without any realistic prospect for anyone to overturn such rulings.
But last week, Americans Elect released a new draft of its rules for running its nominations process. It includes this provision:
1.5.1. Petition of Delegates or Board. Upon petition on the Website of 1,000 or more Delegates by flagging any Delegate for violation of the Delegate Pledge, or upon its own motion, the Board may disqualify any person as a Delegate with or without notice.
Directors need not be residents of the District of Columbia, but all Directors shall be required to qualify and serve as Delegates.
So if 1,000 Delegates sign a petition to disqualify a member of the Board of Directors, then s/he will be disqualified as a delegate, which means that s/he will be disqualified as a member of the Board.
And voila! A method for the populace to remove malfeasant members of the Americans Elect Board of Directors!
1.5.2. Appeal of Disqualification. Any delegate who has been disqualified in accordance with this rule may file a written appeal with the Board together with a statement of reasons why the Delegate should not be disqualified. After a review of the statement as well as review of Website posts of the Delegate, and after hearing in person or by telephone if the Board or its designee desires, the Board or designee shall decide whether the disqualification shall be overturned. The decision of the Board or its designee shall be final and binding…
… oh, nertz. Never mind. We now return to our regularly-scheduled Board-controlled election.