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Formal Call for Reversal of Americans Elect Board Of Directors Decision #1, a Violation of Rules and Bylaws

Text of 489-Word Statement to Formally Petition for Reversal of Americans Elect Board Decision #1

[Posted to Americans Elect official "Get Satisfaction" feedback website and sent to info@americanselect.org, josh.levine@americanselect.org, nick.troiano@americanselect.org, ileana.wachtel@americanselect.org, rules@americanselect.org and support@americanselect.org on March 2 2012 -- since Americans Elect has not made the e-mail address for the Board of Directors public as would be necessary to fulfll Rule 12.2 completely.]



My name is James Cook. I am User #385, a fully vetted and verified Americans Elect Delegate.

In this statement, I formally invoke Rule 12.2 of the latest version of the Americans Elect Rules, which declares that:

“any Delegate who wishes to reverse any decision of any Committee or Board may do so by sending a statement of 500 words or less by email to the Board within 72 hours after notice of any decision is posted on the Website. The Board shall then post the statement on the Website with instructions that any Delegate who agrees with reversal shall ‘Support Click’ the statement…. This process of Reversal Votes shall be the sole and exclusive remedy for any Delegate aggrieved by any action, conduct, or failure to act of Americans Elect.”

I fully invoke my rights as a delegate and call for the reversal of the following decision of the Americans Elect Board of Directors, posted by the Board of Directors on February 29 2012: http://www.americanselect.org/board-decisions:

“All DECISIONS OF THE BOARD are posted here. Any non-unanimous decision may be overruled, if a majority of delegates oppose it within seven days of its posting.”

As documented at the web page http://wp.me/pdWLh-8oM,

1. There is no provision in the most recently published Rules or Bylaws of Americans Elect declaring (either literally or in paraphrase) that “Any non-unanimous decision may be overruled, if a majority of delegates oppose it within seven days of its posting.”

2. The most recently published Rules and Bylaws of Americans Elect declare that they are the means for governing the powers of the Board of Directors and of Delegates. Bylaw 2.3: “Upon receipt of verification for eligibility as a Delegate, Delegates shall have the authority to vote and participate in all aspects of online conventions and decisions in accordance with the convention rules and these Bylaws”.

3. The web page http://www.americanselect.org/board-decisions declares that “All DECISIONS OF THE BOARD are posted here,” which means that unless the Board of Directors’ statement is not truthful, the most recently published Rules and Bylaws of Americans Elect have not been supplanted by more recent Rules or Bylaws.

Therefore, the posting of the four Americans Elect Board decisions (in addition to the general decision made above) with roll-over text declaring that “This decision was unanimously approved by the Board and is not subject to delegate review” is in violation of the Rules and Bylaws. (See http://wp.me/pdWLh-8oM for the text of all Americans Elect Board decisions posted February 29 2012.)

I am aggrieved by this violation of the rules because it prevents delegates from reversing unanimous Board decisions. Rule 12.2 clearly allows reversal.

To repeat, this statement formally calls within the allotted 72-hour period for the reversal of Board Decision #1: “Any non-unanimous decision may be overruled, if a majority of delegates oppose it within seven days of its posting.”

I request a full initiation of the procedure as specified in Rule 12.2.


Update, March 4 2012: On the morning of March 4 2011, Americans Elect Policy Director Brian Findlay
has written to Bill Busa, who seconded my motion and sent it to the same set of leaders at Americans Elect as I did. In his response, which you can read here:

1. Americans Elect has refused to accept or post this motion to reverse.

2. Americans Elect says that the decision to make unanimous decisions non-reviewable was not made by any committee or board.

3. Americans Elect says that because the “point is well taken,” there will be some (unspecified) “revision.” No such revision has yet been made as of the morning of March 5.


Update, March 6 2012: Thanks to a tip, I found a chat on Reddit where Americans Elect CEO Kahlil Byrd was holding court. I asked him publicly about this motion, and he agreed with its major point, that delegates do indeed have the right to challenge non-unanimous decisions and file for reversal. Byrd promised that the “mistake,” as he put it, would be fixed.

Keep watching here to see if that comes to pass. As of 6:30 pm on March 6, the mistake has not been fixed. If you see that the mistake has been fixed, and that Americans Elect is letting its delegates know that they CAN challenge delegate decisions after all, please let me know.

4 comments to Formal Call for Reversal of Americans Elect Board Of Directors Decision #1, a Violation of Rules and Bylaws

  • Note: William Busa has just posted his name to the top of this petition and sent it again to Americans Elect via the e-mail addresses listed in this post. Great idea. If you’d like to support the petition in name, I’d like to suggest:

    1. That you do the same.
    2. That you post here affirming that you’ve added your name to the list of petitioners.

  • Bill

    I’m in.

    I should add here that, because Americans Elect Corporation has failed to provide an official mechanism for delegates to submit communications such as this, it is important to ‘carpet bomb’ the self-described “leadership” with these missives in order to deny them ‘plausible deniability’ regarding their awareness of these petitions. So I would recommend adding to the email recipients:
    Peter Ackerman (Board chairman and Wizard of Oz) at peter.ackerman@americanselect.org
    Kahlil Byrd (CEO) at kahlil.byrd@americanselect.org
    Elliot Ackerman (COO and Prince Regent) at elliot.ackerman@americanselect.org

    And one more thing: what with eternal vigilance being the price of liberty and all, we should note that Americans Elect Corporation has announced an upcoming Board meeting for March 5, at which will be considered (and, no doubt, unanimously adopted) ” adoption of amendments to the Pre-Convention Rules, to post the Post-Election Rules on the website for public comment and to adopt amendments to the Bylaws.” The promised (or should I say, “threatened”?) amendments to the Bylaws and Pre-Convention Rules should be interesting. It is reasonable to expect that they will no be conveying additional powers to the Delegates, but rather will be designed to solidify the Board’s control while being pitched as something rather more benign. We’ll have just 72 hours after the Diktat is posted to protest it, so be sure to check the Corporation’s Board Decisions page on the 5th!

  • Bill

    And another thing:

    Americans Elect Corporation does not make it easy to determine your member ID number, but here’s how to do it:

    Log into the Americans Elect Corporation web site, then click on the “My Account” link in the upper left hand corner of the landing page. When you get to your My Account page, look at the page’s URL. It will be of the form secure.americanselect.org/user/xxxxxx/edit, where xxxxxx is your Corporation-issued mark of the beast.

  • See update at the end of this post.

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