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New Americans Elect Rule: Delegates Won’t be able to Reverse the Exclusion of Some Candidates at All

Americans Elect is the first-ever privatized online presidential nomination in American history, and Americans Elect has just released a new set of Convention Rules. You can read through a mirrored copy of the new Rules here and compare them to the old Rules for yourself. Americans Elect is characterizing the rules as a loosening of standards of behalf of delegates; whether that’s true will bear out under a careful reading.

There’s a lot to compare, but let me just share this tidbit that caught my eye, regarding “Contingent Qualification” for people who want to run under the Americans Elect banner, but whom have been excluded from participating by the Americans Elect corporate-chosen Candidate Certification Committee:

OLD RULES:

3.2.1.2 Contingent Qualification. Any Drafted Candidate who is not automatically qualified in accordance with the preceding section shall be presumed to be unqualified to be listed on the Qualifying Ballot, unless the Candidate Certification Committee finds that the Drafted Candidate is capable of competent service as President in view of the Contingently Qualified Candidate’s equivalent experience and demonstrated capability after review of any information submitted by the Draft Committee. Any Draft Committee of a Drafted Candidate who is not certified by the Candidate Certification Committee may seek reversal of the Committee’s decision by vote of 2/3 of all Delegates.

NEW RULES:

3.2.1.2 Contingent Qualification. Any Drafted Candidate who is not automatically qualified in accordance with the preceding section shall be presumed to be unqualified to be listed on the Primary Ballot, unless the Candidate Certification Committee finds that the Drafted Candidate is capable of competent service as President in view of the Contingently Qualified Candidate’s equivalent experience and demonstrated capability after review of any information submitted by the Draft Committee. Should the Candidate Certification Committee find that a Drafted Candidate is unqualified through a decision that is not unanimous, the decision will be subject to reversal by a majority vote of all registered Delegates.

If the Candidate Certification Committee has internal dissent, then Delegates can intervene at a nominally improved threshold. But if the Candidate Certification Committee, which serves at the pleasure of the Americans Elect Board of Directors and can be replaced without cause (see Bylaw 5.4.2), votes in lockstep, none of its decisions to exclude candidates can be overturned by Delegates. None at all.

One hand gave. The other hand took away.

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