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 firstname.lastname@example.org, email@example.com, firstname.lastname@example.org, email@example.com, firstname.lastname@example.org and email@example.com 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.