Democratic National Committee Release - Call for the 2004 Democratic National Convention

8/15/2019 Democratic National Committee Release - Call for the 2004 Democratic National Convention

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&RQYHQWLRQAdopted by the Democratic National Committee

at its meeting August 10, 2002.

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By authority of the Democratic NationalCommittee, the National Convention of theDemocratic Party is hereby scheduled toconvene at a date to be announced, at thelocation to be announced, at an hour to beannounced, to select nominees for the officesof President and Vice President of the UnitedStates of America, to adopt and promulgate aplatform and to take such other actions withrespect to such other matters as the

Convention may deem advisable.

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The distribution of votes, delegates andalternates to the 2004 Democratic NationalConvention shall be in accordance with thefollowing:

A. The number of Convention votes fordelegates to the Convention shall be asset forth in the compilation included inthis resolution and determined as

provided in paragraphs B, C, D, E, F, Gand H.1

1See Appendix B for the allocation of delegates and alternates.


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B. A base of 3,000 delegate votes isdistributed among the 50 states and theDistrict of Columbia according to aformula giving equal weight to the sum ofthe vote for the Democratic candidates inthe three (3) most recent presidentialelections and to population by electoralvote. The formula is expressed

mathematically as follows:

A = Allocation FactorSDV = State Democratic VoteSEV = State Electoral VoteTDV = Total Democratic Vote

To determine the base delegation foreach state and the District of Columbia,the allocation factors as determined bythe above formula are multiplied by3,000. Fractions of .5 and above arerounded up to the next highest integer.

C. Fifteen percent (15%) of the basedelegate votes determined pursuant toparagraphs B and D shall be added tothe number of votes allocated for thepurpose of representing pledged Partyand Elected Official delegates. Forpurposes of this paragraph, the number

of base delegate votes determinedpursuant to paragraph B shall be thenumber determined thereunder afterrounding. Fractions of .5 and aboveresulting from the multiplication requiredby this paragraph are rounded up to thenext highest integer.

D. American Samoa, Guam and the VirginIslands will each receive three (3) at-large delegate votes. Democrats Abroadwill receive six (6) at-large and one (1)pledged Party and Elected Official

delegate votes. Puerto Rico will receiveforty-four (44) base delegate votes.

E. Unpledged votes shall be allocated toeach delegation to accommodate themembers of the Democratic NationalCommittee from that state or territory inwhich they legally reside. The size ofsuch a members vote (i.e., whole orfractional) shall be the same size as thatwhich he or she is allowed to cast atmeetings of the Democratic National

Committee. Additional unpledgeddelegates shall be allocated for otherofficers serving in positions created bythe Democratic National Committee inaccordance with Article 3, Section 1.(e) ofthe Charter of the Democratic Party ofthe United States.

F. Unpledged votes shall be allocated toprovide for the Democratic President, theDemocratic Vice President, and allformer Democratic Presidents, all formerDemocratic Vice Presidents, all formerDemocratic Leaders of the United StatesSenate, all former Democratic Speakersof the United States House ofRepresentatives and Democratic MinorityLeaders, as applicable, and all formerChairs of the Democratic NationalCommittee.2 Such delegates shall beseated with the state delegations from

the state in which they have their votingresidences.

G. Additional unpledged votes shall beadded if needed to provide for theDemocratic Governor3 (if any) from thatstate or territory and for the DemocraticMembers of the United States House ofRepresentatives and Democratic UnitedStates Senators from that state orterritory (if any).4

H. In addition to the delegates allocated tothe delegations pursuant to paragraphs

B, C, D, E, F and G, each state, territoryor commonwealth shall select a numberof unpledged add-on delegatesequivalent to one (1) such delegate forevery four (4) votes on the DemocraticNational Committee from that state,territory or commonwealth, pursuant toRule 8.B. of the Delegate SelectionRules. Fractions of .5 and above arerounded up to the next highest integer.Nothwithsanding the above calculation,the District of Columbia shall be allocatedtwo (2) unpledged add-on delegates.5

2Former Chairs of the Democratic National Committee shall includeNational Chairs and General Chairs.

3The Mayor of the District of Columbia, if a Democrat, shall be treated asa Democratic Governor.

4The District of Columbias Statehood Senators, if Democrats, shall betreated as Democratic United States Senators.

5The District of Columbia shall select its Statehood Representative, if aDemocrat, as one of its two (2) unpledged add-on delegates.


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I. Each state, the District of Columbia andPuerto Rico may select a number ofalternates equivalent to one (1) alternatefor every six (6) Convention votesreceived by it pursuant to paragraphs B,C and D, provided, however, that eachsuch delegation shall have at least four(4) alternates. American Samoa,

Democrats Abroad, Guam and the VirginIslands shall each have one (1) alternate.Fractions of .5 and above are rounded upto the next highest integer. It is furtherprovided that each state shall have thenumber of additional at-large alternatesnecessary to provide at least onealternate for each presidential candidatewho is entitled to delegates from thatstate, if the DNC Rules and BylawsCommittee determines that the numberof alternates allocated to the state is notsufficient for each presidential candidate

to have at least one alternate.

J. Members of the Democratic NationalCommittee and delegates selectedpursuant to paragraphs F, G and H willbe ineligible to serve as delegates underany other category and may hold no morethan one (1) vote. Democratic Governors,Democratic Members of the UnitedStates House of Representatives andDemocratic United States Senators whoare members of the Democratic NationalCommittee shall serve as delegates byvirtue of their membership on the

National Committee.

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A. Notice is hereby given that delegates,alternates and standing committeemembers to the Democratic NationalConvention shall be elected inaccordance with the Charter and Bylawsof the Democratic Party of the UnitedStates, the Delegate Selection Rules for

the 2004 Democratic NationalConvention, the Call for the 2004Democratic National Convention, and theRegulations of the DNC Rules andBylaws Committee. The DNC Rules andBylaws Committee shall have the finalauthority to regulate the delegateselection process, subject to the authorityof the Convention Credentials Committeeand the Democratic National Convention.It shall be the duty of the DNC Rules andBylaws Committee to administer the

delegate selection process and ensurecompliance with the rules, including equaldivision, and report to the Secretary ofthe Democratic National Committeethose states which are in non-compliance. Only delegates andalternates selected under a delegateselection procedure approved by the

DNC Rules and Bylaws Committee andin accordance with the rules shall beplaced on the Temporary Roll of the 2004Democratic National Convention. Onlystanding committee members andconvention pages chosen pursuant to astate delegate selection plan found incompliance with the rules by the DNCRules and Bylaws Committee shall bequalified to serve in their respectivecapacities.

B. It is understood that a State Democratic

Party, in electing and certifying delegatesand alternates to the Democratic NationalConvention, thereby undertakes toassure all Democratic voters in the statefull, timely and equal opportunity toparticipate in the delegate selectionprocess and in all Party affairs and toimplement affirmative action programstoward that end, and that the delegatesand alternates to the Convention shall beselected in accordance with the DelegateSelection Rules for the 2004 DemocraticNational Convention adopted by theDemocratic National Committee on

January 18, 2002, and that voters in thestate will have the opportunity to casttheir election ballots for the Presidentialand Vice Presidential nominees selectedby said Convention, and for electorspledged formally and in good conscienceto the election of these Presidential andVice Presidential nominees, under thelabel and designation of the DemocraticParty of the United States, and that thedelegates it certified will not publiclysupport or campaign for any candidatefor President or Vice President other than

the nominees of the Democratic NationalConvention.

C. It is presumed that the delegates to theDemocratic National Convention, whencertified pursuant to the Call, are bonafide Democrats who are faithful to theinterests, welfare and success of theDemocratic Party of the United States,who subscribe to the substance, intentand principles of the Charter and theBylaws of the Democratic Party of the


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United States, and who will participate inthe Convention in good faith. Therefore,no additional assurances shall berequired of delegates to the DemocraticNational Convention in the absence of acredentials contest or challenge.

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All state parties are required to take all stepsnecessary and appropriate to complete theprocess of selecting delegates to the 2004Democratic National Convention no later thanJune 19, 2004.

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A. Pledged Delegates and Alternates: Eachstates Democratic Chair shall certify inwriting to the Secretary of the DemocraticNational Committee the election of his orher states delegates and alternates tothe Democratic National Conventionwithin three (3) days after their election.For the purposes of this Call, the Chair ofa committee constituted pursuant to Rule19.C. of the Delegate Selection Rules,shall be recognized to act in place of thestates Democratic Chair.

B. Unpledged Delegates:

1. Pursuant to Rule 8.A. of the Delegate

Selection Rules, official confirmationby the Secretary of the DemocraticNational Committee to each StateDemocratic Chair shall constituteverification of the following unpledgeddelegates: members of theDemocratic National Committee; theDemocratic President, Vice Presidentand Democratic Governor, ifapplicable; all Democratic membersof the United States House ofRepresentatives and all Democraticmembers of the United States

Senate; and all former DemocraticPresidents, Vice Presidents, MajorityLeaders of the United States Senate,Speakers of the United States Houseof Representatives, and Chairs of theDemocratic National Committee.

2. Each states Democratic Chair shallcertify in writing to the Secretary ofthe Democratic National Committeethe selection of the states unpledgedadd-on delegates to the DemocraticNational Convention selected

pursuant to Article I.H. within three(3) days after their selection.

C. Replacements:

1. Pledged Delegates and Alternates:Replacement of a delegate (due toresignation or death) by an alternate

and replacement of a vacantalternate position shall be certified inwriting by the States DemocraticChair to the Secretary of theDemocratic National Committee(pursuant to Rule 17 of the DelegateSelection Rules) within three (3) daysafter the replacement is selected.Certification of replacements will beaccepted by the Secretary up to 48hours before the first official sessionof the Convention is scheduled toconvene.

2. Unpledged Delegates:

a. Members of Congress andDemocratic Governors shall notbe entitled to name areplacement. In the event of anychanges or vacancies in a statesDemocratic congressionaldelegation following the officialconfirmation and prior to thecommencement of the NationalConvention, the Secretary shallrecognize only such changes as

have been officially recognizedby the Democratic Caucus of theUnited States House ofRepresentatives or theDemocratic Conference of theUnited States Senate. In theevent of a change or vacancy ina states office of Governorfollowing the official confirmationand prior to the commencementof the National Convention, theSecretary shall recognize onlysuch changes as have been

officially recognized by theDemocratic GovernorsAssociation.

b. Members of the DemocraticNational Committee andunpledged add-on delegatesselected pursuant to Article I.H.shall not be entitled to areplacement, nor shall the statebe entitled to a replacement,except in the case of death of


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such delegates. In cases wherea states DNC membershipchanges following theSecretarys official confirmation,but prior to the commencementof the 2004 Democratic NationalConvention, acknowledgment bythe Secretary of the certification

of the new DNC member shallconstitute verification of thecorresponding change ofunpledged delegates.

c. Delegates allocated pursuant toArticles I.F. and I.H. of this Callshall not be entitled to name areplacement, nor shall the statebe entitled to a replacement.

D. Delegation Chair: Each delegation shallselect one (1) person to serve as

Delegation Chair. The State Chair shallcertify the Delegation Chair. Suchcertification shall be in writing to theSecretary of the Democratic NationalCommittee within three (3) days after theposition is filled, which shall be no laterthan the date by which the state certifiesits standing committee members.

E. Convention Pages:

1. A. base of 150 Convention Pagesshall be allocated among the 56delegations as follows:6

a. Each of the 50 States, theDistrict of Columbia and PuertoRico shall have a minimum oftwo (2) pages.

b. One (1) additional page will beallocated to a state for every fifty(50) additional delegate votes.Fractions of .5 and above arerounded up to the next highestinteger.

c. American Samoa, DemocratsAbroad, Guam and the VirginIslands shall each be allocatedone (1) page.

2. The National Chairperson of theDemocratic National Committee mayselect not more than twenty-five (25)pages to assist him/her and theDemocratic National Convention

Committee in carrying out the work ofthe Convention.

3. The State Chair shall certify theperson(s) to serve as theDelegations Convention Page(s), asallocated to the delegation by thissection. Such certification shall be in

writing to the Secretary of theDemocratic National Committee andshall be made no later than the timethe state certifies its standingcommittee members pursuant toArticle VIII.B.(3) of this Call. TheNational Chairperson of theDemocratic National Committee shallcertify the person(s) to serve as theChairs Convention Page(s), asallocated to the National Chairpersonby this section. Such certificationshall be in writing to the Secretary of

the Democratic National Committeeand shall be made within three (3)days after these positions are filled,but in any event, no later than June19, 2004.

F. Certification Requirements: Eachcertification required herein will includefull name, address and other informationas required by the Secretary of theDemocratic National Committee.

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A. The Democratic National Committee,acting under its authority to plan, arrange,manage and conduct the DemocraticNational Convention, hereby ratifies theestablishment and organization of the2004 Democratic National ConventionCommittee, Inc. (the DNCC) for the2004 Democratic National Convention.

B. The DNCC shall exercise the authority ofthe Democratic National Committee and

the Democratic National Convention inentering into contracts relating to allbusiness and financial matters connectedwith the conduct of the 2004 DemocraticNational Convention.

C. The DNCC shall make every effort toexercise its authority in accordance withthe following guidelines, subject to Rule19.C. of the Delegate Selection Rules:

6See Appendix C for the allocation of Convention Pages.


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1. Contractors: The DNCC shall as apolicy seek to engage the services ofunionized firms, including thoseowned by minorities, women andpeople with disabilities.

2. Housing: The DNCC shall design andimplement a fair and equitable

system by which hotel facilities shallbe allocated to eligible statedelegations and to presidentialcandidates.

3. Delegate and Alternate Seating inConvention Hall: The DNCC shalldesign and implement a fair andequitable system by which thelocation of each eligible statedelegations seating in theConvention Hall shall be determined.Alternates shall be afforded

preferential seating, as close todelegate seating as arrangementswill permit. Members of DemocraticNational Convention StandingCommittees who are not alreadydelegates or alternates shall beafforded guest seating for eachsession of the Conventionproceedings.

4. Delegates and AlternatesCredentials: The states delegate andalternate credentials shall bedistributed to the Chair of the state

delegation from the DNCCscredentials office.

5. Floor Access: Floor access shall begiven to delegates, alternatesreplacing delegates, the highestranking Democratic official in eachstate that does not have aDemocratic Governor, each StateDemocratic Partys ExecutiveDirector, such number ofrepresentatives of the presidentialcandidates as may be deemed

necessary by the DNCC, and suchpress personnel and other personnelas may be determined by the DNCCto be necessary for the properfunctioning of the Convention andwhich does not compromise securityand safety requirements.

6. Visitors Seating: Seats for members-elect of the Democratic NationalCommittee as certified by the statesDemocratic Chair, guests and other

observers shall be allocated for andshall be fairly apportioned to thestates according to each statesrelative delegate strength. TheDelegation Chair and the StateDemocratic Chair shall each be givenone half of the credentials for guestseats apportioned to the state

pursuant to this paragraph.Presidential preference shall betaken into account in the distributionof guest credentials.

7. Communications:

a. Microphones: Each state shall beprovided one (1) floormicrophone which shall belocated at the position of theChair of the state delegation.Each delegate shall have access

to the microphone.

b. Telephones: Adequate provisionsshall be made for communicationbetween the floor and the Chairof the Convention so as to advisethe Chair of the identity of anydelegate seeking recognition tospeak and the purpose for whichrecognition is sought. One (1)such telephone shall be installedfor each state delegation.

c. General: No communication

equipment other than thatauthorized by these guidelines orby the DNCC shall be permittedon the floor of the Convention.

8. Facilities for Presidential Candidates:The National Chairperson of theDemocratic National Committee, inconsultation with the Chief ExecutiveOfficer of the DNCC andrepresentatives of the presidentialcandidates, shall design andimplement a fair and equitable

system whereby facilities in theConvention Hall and its immediateenvirons shall be fairly apportioned topresidential campaigns so as not toafford an undue advantage to anypresidential candidate. The cost ofsuch facilities shall be paid by thepresidential campaigns.

9. Facilities for News Media and PressSeating: There shall be madeavailable adequate facilities, as close


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to the Convention floor as conditionspermit, for the pencil press, radio andtelevision, including a limited numberof camera positions commanding afull view of the proceedings. The costof such facilities shall not be borne bythe DNCC.

10. Security: Coordination for securitywithin the Convention Hall, premisesand surrounding area, shall be underthe authority of the DNCC.

11. Financial Reports: The DNCC shallfile with the Federal ElectionCommission (FEC) all financialreports required by the FederalElection Campaign Act of 1971, asamended, and applicable FECregulations.

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The term presidential candidate herein shallmean any person who, as determined by theNational Chairperson of the DemocraticNational Committee, has accrued delegatesin the nominating process and plans to seekthe nomination, has established substantialsupport for his or her nomination as theDemocratic candidate for the Office of thePresident of the United States, is a bona fideDemocrat whose record of public service,accomplishment, public writings and/or public

statements affirmatively demonstrates that heor she is faithful to the interests, welfare andsuccess of the Democratic Party of theUnited States, and will participate in theConvention in good faith.

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The Democratic National Committee, actingunder its authority to issue the Call andestablish the standing committees of theNational Convention, hereby creates andorganizes the Standing Committees onPlatform, Rules, and Credentials of the 2004Democratic National Convention. The

jurisdiction and rules of procedure of eachstanding committee are set forth in this Callto the 2004 Democratic National Convention.Each standing committee may, by a majorityof the members voting, adopt additional rules

of procedure for the conduct of its businessnot inconsistent with this Call. TheDemocratic National Committee shall publishand make available all relevant requirementsand deadlines for submitting proposals forconsideration by the standing committees.Such information shall be distributed to thestanding committee members and made

available to the public as early as practicablebefore the committees meet.

A. Membership: Subject to Rule 19.C. of theDelegate Selection Rules, each standingcommittee shall be composed of:

1. Base: A base of 161 members,casting 158 votes, allocated to thestates and territories in accordancewith the same distribution formulaused to allocate delegates to theDemocratic National Convention.7

2. PLEOs: 25 members, each castingone (1) vote who shall be PartyLeaders and Elected Officials.

3. Delegate Status: Members of thestanding committees need not bedelegates or alternates to theDemocratic National Convention.

4. Quorum: A majority of the total votesallocated to a standing committeeshall constitute a quorum thereof forthe purpose of transacting business.

Such votes shall be present andrepresented by the standingcommittee members. Upon a point oforder of no quorum, the Chair shallascertain the presence or absence ofa quorum by visual estimation andshall not proceed until a quorum ispresent, provided, however, that aroll call shall be had to determinewhether a quorum exists if the Chairis in doubt or upon demand of anymember of the standing committeesupported by:

a. twenty percent (20%) of themembers of the committee asevidenced by a petition submittedto the Chair indicating support ofthe demand by not less thantwenty percent (20%) of themembers present, or

7See Appendix D for the allocation of standing committee members.


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b. by the rising in support of thedemand by not less than twentypercent (20%) of the memberspresent,

except that a motion to adjourn or torecess may be offered and votedupon without a quorum present.

5. Proxies: As the standing committeesare deliberative bodies of theNational Convention, proxy voting bystanding committee members shallnot be permitted.

6. Subcommittees: Any subcommitteeof the standing committees of theNational Convention shall becomposed only of members ofstanding committees, except thatthese subcommittees may be chaired

by persons other than members ofthe committee.

B. Election:

1. The members of the standingcommittees allocated to the statesand territories shall be elected byeach states National Conventiondelegates present at a meeting ofwhich adequate notice of time andplace shall be given and at which aquorum of the statess delegatesshall be present. Such meeting shall

be held in accordance withprocedures approved by the DNCRules and Bylaws Committee andconsistent with this Call. Suchmeeting shall take place within 14days after the final selection of astates delegation, but no suchmeeting shall be held after June 19,2004.

2. The members of the standingcommittees allocated as PartyLeaders and Elected Officials shall

be elected by the ExecutiveCommittee of the DemocraticNational Committee during thecalendar year of the NationalConvention upon nominationreceived from the NationalChairperson of the DemocraticNational Committee, afterconsultation with the State Chairsfrom those states from whichmembers are contemplated to benominated. Said members must be

elected at a meeting of the ExecutiveCommittee or by mail ballot no laterthan 30 days prior to the date of thestanding committee meeting.

3. Each states Democratic Chair shallcertify in writing to the Secretary ofthe Democratic National Committee

his or her states standing committeemembers within three (3) days aftertheir selection. The NationalChairperson of the DemocraticNational Committee shall certify inwriting to the Secretary of theDemocratic National Committee theParty Leader and Elected Officialstanding committee members withinthree (3) days after their election.Certification of each person willinclude full name, address and otherinformation as required by the

Secretary of the Democratic NationalCommittee.

4. No substitutions will be permitted inthe case of standing committeemembers, except in the case ofresignation or death. Substitutionsmust be made in accordance with theelection procedures specified inArticle I.B., C., D. and E., and mustbe certified in writing to the Secretaryof the Democratic NationalCommittee, in accordance withprocedures specified in Article I.B.3.

5. Any challenge to the credentials of astanding committee member shall beconsidered and resolved by theaffected standing committee inaccordance with Appendix A of thisCall. The DNC Rules and BylawsCommittee shall have jurisdictionover challenges brought before the56th day preceding the date ofcommencement of the DemocraticNational Convention.

C. Presidential Preference:

1. The members of the standingcommittees allocated to the statesand territories shall proportionatelyrepresent the presidential preferenceof all candidates (includinguncommitted status) receiving thethreshold percentage used in thatstates delegation to calculate the at-large apportionment pursuant to Rule12.E. of the Delegate Selection


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Rules, provided, however, thatmembers of the standing committeesfrom primary states shall be allocatedto presidential candidates (includinguncommitted status) based on thestatewide popular vote.

2. The presidential preference

percentage of each candidatereceiving the applicable percentageor more within the delegation shall bemultiplied by the total number ofstanding committee positionsallocated to that state or territorialdelegation. If the result of suchmultiplication does not equal 0.455 orabove, the presidential preference inquestion is not entitled torepresentation on the standingcommittee. If the result of suchmultiplication is 0.455 but less than

1.455, the presidential preference inquestion is entitled to one (1)position. Those preferences securingmore than 1.455 but less than 2.455are entitled to two (2) positions, etc.

3. Where the application of this formularesults in the total allocationexceeding the total number ofcommittee positions, the presidentialcandidate whose original figure ofrepresentation is farthest from itseventual rounded-off total shall bedenied that one (1) additional

position. Where the application ofthis formula results in the totalallocation falling short of the totalnumber of committee positions, thepresidential candidate whose originalfigure of representation is closest tothe next rounding level shall beallotted an additional committeeposition.

4. Standing committee positionsallocated to a presidential candidateshall be proportionately allocated, to

the extent practicable, to each of thethree standing committees. Whensuch allocation results in an unequaldistribution of standing committeepositions by candidate preference, adrawing shall be conducted todistribute the additional positions.

D. Presidential Candidate Right of Approval:

1. Each presidential candidate or thatcandidates representative authorizedpursuant to Rule 11.D.(1) of the 2004Delegate Selection Rules shall begiven adequate notice of the meetingof the states delegation authorized to

select standing committee members.

2. The delegation shall select thestanding committee memberssubmitted by the presidentialcandidates (including uncommittedstatus), and presidential candidatesshall not be required to submit thename of more than one person foreach slot awarded to such candidatefor members of standing committees.Provided further, that presidentialcandidates (including uncommitted

status) shall use their best efforts toensure that the name or names ofstanding committee memberssubmitted help achieve theaffirmative action goals establishedby the states Delegate SelectionPlan.

E. Division Between Men and Women:

1. The membership of each of thestanding committees from a state orterritory shall be as equally dividedamong men and women as possible

under the state allocation; if thenumber is even, the membershipshall be equally divided between menand women; if the number is odd, thevariance between men and womenmay not exceed one (1), and theadvantaged gender must not remainconstant for the three standingcommittees. The DNC Rules andBylaws Committee shall havecontinuing jurisdiction to ensurecompliance with this equal divisionrequirement. No standing committee

members from a state shall beofficially recognized unless the Rulesand Bylaws Committee has certifiedto the Secretary of the DemocraticNational Committee that such statesstanding committee delegationcomplies with this equal division rule.It is the duty of the DNC Rules andBylaws Committee to determine suchcompliance as soon as practicablefollowing the certification of the


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states standing committeemembers.

2. The Party Leader and Elected Officialmembership of the standingcommittees elected by the ExecutiveCommittee of the DemocraticNational Committee shall be divided

among men and women so that thevariance between men and womendoes not exceed one (1), and theadvantaged gender must not remainconstant for the three standingcommittees.

F. Chairs of Standing Committees:

1. The Chair of each StandingCommittee shall be elected by theExecutive Committee of theDemocratic National Committee

upon nomination of the NationalChairperson of the DemocraticNational Committee. Co-Chairs andVice Chairs may also be elected inthis manner.

2. Individuals who are not otherwisemembers of the standing committeeswho are elected Chair, Co-Chair orVice Chair thereof shall not have anyvoting privileges on the standingcommittees, except that the Chairmay vote in the case of a tie.

3. The Chair of each standingcommittee shall call and preside overeach committee meeting, prepare anagenda to provide for orderly conductof the committees business, andsupervise preparation of suchresearch studies and briefingmaterials as are required toaccomplish the committees work.

G. Temporary Standing CommitteeMembers:

1. In the event that a standingcommittee meeting is held prior tothe election of a states standingcommittee members, a state mayselect temporary members for thosestanding committee memberpositions.

2. The selection must take place at anopen well publicized meeting of theState Partys governing body. Theprocedures for selection must be

approved by the DNC Rules andBylaws Committee.

3. Members selected as temporarystanding committee members underthis provision serve only in the eventthat a standing committee is called tomeet prior to completion of the

states delegate selection process.No such member may continue toserve after the permanent standingcommittee members are selectedunless he or she is elected as apermanent member pursuant to theprovisions on Section B of thisArticle.

4. Substitutions in a states list oftemporary standing committeemembers may only be made up to 10days prior to the time the standing

committee meets.

H. Platform Committee:

1. The Platform Committee shall beresponsible for drafting andrecommending the Platform of theDemocratic Party to the DemocraticNational Convention.

2. The Chair of the Platform Committee,in consultation with the NationalChairperson of the DemocraticNational Committee, shall determine

the number, place and time forconducting hearing(s) and/orforum(s) and name the presidingpanel, who need not be members ofthe Platform Committee, for eachhearing and/or forum. Any personmay submit a written statementconcerning the Platform to thePlatform Committee at any time priorto the Platform Committee meeting,and may request permission to testifyat a public hearing and/or forum.

3. No later than thirty (30) days beforethe first meeting of the PlatformCommittee, written notice of the date,time, place, and the tentative agendaof such meeting shall be sent to allmembers of the Platform Committee.A special or emergency meeting ofthe Platform Committee may be heldupon call of the Chair of the PlatformCommittee with reasonable notice tothe members.


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4. Prior to the first meeting of thePlatform Committee, the NationalChairperson of the DemocraticNational Committee shall distribute tothe members of the PlatformCommittee a document outlining theissues to be considered by thecommittee.

5. The National Chairperson of theDemocratic National Committee, inconsultation with the Chair of thePlatform Committee, shall appointfifteen (15) persons, to serve on aPlatform Drafting Committee and theNational Chairperson of theDemocratic National Committee shallappoint the Chair thereof. In addition,one (1) non-voting member may beappointed by each presidentialcandidate to serve on the Drafting

Committee. The Platform DraftingCommittee is not considered asubcommittee of the PlatformCommittee as defined in Article I.A.6.The Drafting Committee shall beresponsible for the drafting of thereport of the Platform Committeeunder the direction and with theapproval of the full PlatformCommittee.

6. Upon the request of membersrepresenting twenty percent (20%) ofthe total votes of the Platform

Committee, a minority report shall beprepared for distribution to theConvention delegates and alternatesas part of the committees report.The committee staff shall assist inthe preparation of such report.

7. The report of the Platform Committeeand any minority reports shall bedistributed to all delegates andalternates, and to the public as soonas practicable after their adoption.

I. Rules Committee:

1. The Rules Committee shall issue areport to the Democratic NationalConvention recommending thePermanent Rules of the Convention,the Convention agenda, thepermanent officers of the DemocraticNational Convention, amendments tothe Charter of the Democratic Partyof the United States, and resolutionsproviding for the consideration of any

other matter not provided for in thePermanent Rules of the Conventionand not contained in the reports ofother standing committees. Theforegoing notwithstanding, noamendment to the Charter of theDemocratic Party shall be effectiveunless and until it is subsequently

ratified by a vote of the majority of theentire membership of the DemocraticNational Committee.

2. No later than thirty (30) days beforethe first meeting of the RulesCommittee, written notice of the date,time, place, and the tentative agendaof such meeting shall be sent to allmembers of the Rules Committee. Aspecial or emergency meeting of theRules Committee may be held uponcall of the Chair of the Rules

Committee with reasonable notice tothe members.

3. Upon the request of membersrepresenting twenty percent (20%) ofthe total votes of the RulesCommittee, a minority report shall beprepared for distribution to theConvention delegates and alternatesas part of the committees report.The committee staff shall assist inthe preparation of such report.

4. The report of the Rules Committee

and any minority reports shall bedistributed to all delegates,alternates, and to the public as soonas practicable after their adoption.

J. Credentials Committee and Proceduresfor Challenging Delegates or StateDelegations:

1. The Credentials Committee shalldetermine and resolve questionsconcerning the seating of delegatesand alternates to the Convention

pursuant to the resolution entitled theRelationship Between the 2004Rules of Procedure of theCredentials Committee and the 2004Delegate Selection Rules, whichincludes the Rules of Procedure ofthe Credentials Committee of the2004 Democratic NationalConvention hereby approved andadopted by the Democratic NationalCommittee, and set forth in full in theAppendix to this Call. The committee


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shall report to the Convention for finaldetermination and resolution of allsuch questions. This committee doesnot have authority over the allocationand distribution of conventioncredentials, including passes fordelegates, alternates, guests orpress.

2. Challenges to the seating of anydelegate or alternate shall be inaccordance with the Rules ofProcedure of the CredentialsCommittee. Any challenge to theseating of a delegate or alternate thatis not made in conformity with theserules shall be deemed waived.

3. Upon the request of membersrepresenting twenty percent (20%) ofthe total votes of the Credentials

Committee, a minority report shall beprepared for distribution to theConvention delegates and alternatesas part of the committees report;provided, however, that no memberelected to the committee by a statedelegation may join in such requestas to a proposed minority reportrelating to a credentials challenge toany delegate or alternate from his orher state. The committee staff shallassist in the preparation of suchreport.

4. The report of the CredentialsCommittee and any minority reportsshall be distributed to all delegates,alternates, and the public as soon aspracticable after their adoption.

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The following Procedural Rules shall serve as

the Temporary Rules of Procedure for the2004 Democratic National Convention andare recommended to the Rules Committeeand to the Convention as the PermanentRules of Procedure for the conduct of the2004 Democratic National Convention.

A. Temporary Chair:

1. The National Chairperson of theDemocratic National Committee shallcall the Convention to order and shallpreside until the Permanent Chair of

the Convention shall be chosen inaccordance with these rules.

2. The National Chairperson of theDemocratic National Committee shallappoint a Temporary Secretary andsuch other temporary officers as maybe required to assist in the conduct of

the business of the Convention.These officers shall be composedequally of men and women.

B. Temporary Roll:

1. The Secretary of the DemocraticNational Committee shall determinea Temporary Roll of delegates to theConvention which shall consist onlyof those persons selected andcertified as delegates in accordancewith the Rules and pursuant to this

Call, unless a credentials contestshall have arisen with respect to anysuch person(s), in which case theSecretary shall include on theTemporary Roll the name of thecredentials contestant recommendedfor inclusion by the CredentialsCommittee in its report.

2. Persons whose names are includedon the Temporary Roll of delegatesshall be permitted to vote on allmatters before the Convention untilafter the adoption of the report of the

Credentials Committee; provided thatno person shall be permitted to voteon his or her credentials contest.

C. Order of Business: The order of businessfor the Democratic National Conventionshall be as provided in these rules and inany special order of business adoptedunder Section D. of these rules. TheChair of the Convention may, atappropriate times, interrupt the order ofbusiness provided for in these rules forintroductions, announcements,

addresses, presentations, resolutions oftribute and appreciation, or remarksappropriate to the business of theConvention.

1. Report of the Committee onCredentials: The Report of theCredentials Committee shall be actedupon before the consideration ofother business.


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a. The Temporary Chair shallrecognize the Chair of theCredentials Committee for up tothirty (30) minutes to present thecommittees report unless alonger period of time shall beprovided in a special order ofbusiness agreed upon by the

Convention. The Chair of thecommittee may presentcommittee amendments, yieldpart of his or her time to othersand may yield for thepresentation and disposition ofminority reports without losingthe right to the floor.

b. The Temporary Chair shallarrange for the orderlypresentation of amendments andof minority reports offered at the

direction of the committee.Twenty (20) minutes shall beallowed for the presentation ofeach committee amendment orminority report unless a longerperiod for any committeeamendment or minority report isprovided in special orders ofbusiness agreed to by theConvention. Time shall beallotted equally to proponentsand opponents of eachcommittee amendment orminority report. The questions

shall be put on each committeeamendment or minority reportimmediately following itspresentation without interveningmotion.

c. Upon conclusion of theconsideration and disposition ofcommittee amendments andminority reports, the TemporaryChair shall put the question onthe adoption of the report of theCredentials Committee with

amendments previously adopted,if any, without intervening motion.A favorable majority vote of theConvention delegates eligible tovote shall constitute adoption ofthe report.

d. In the event that the committeesreport shall not be adopted whenthe question is put, thecommittee shall immediatelyreconvene to reconsider its

report and shall present a newreport to the Convention as soonas possible.

2. Report of Rules Committee: TheTemporary Chair may then recognizethe Chair of the Rules Committee topresent the committees report for

the Rules of the Convention andminority reports, if any, in the samemanner as that provided for thepresentation of the Report of theCredentials Committee. However, theTemporary Chair may, in the interestof conducting an orderly proceeding,opt to place before the Conventionthe election of the Permanent Chair,the Co-Chairs and the Secretary,prior to the presentation of the RulesCommittee report.

3. Convention Chair: The Conventionshall proceed to elect the PermanentConvention Chair in the followingmanner:

a. In accordance with therequirements of the 1984Democratic National ConventionResolution which calls foralternating the Convention Chairby gender, the Permanent Chairof the 2004 Democratic NationalConvention shall be a male.

b. The Chair of the RulesCommittee shall be recognizedto offer a nomination forConvention Chair asrecommended by the Committeeon Rules. Nominations from thefloor shall then be received.

c. When there are no furthernominations or upon adoption ofa motion to close nominations,the Temporary Chair of theConvention shall conduct a vote

for Permanent Convention Chair.

d. A majority vote of the delegatespresent and voting shall berequired to elect the ConventionChair. Balloting shall continueuntil a Chair is elected. ThePermanent Chair shall then takethe gavel.

4. Convention Co-Chairs: TheConvention shall proceed to elect


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Co-Chairs and a Secretary in thesame manner in which it elected theChair. The Co-Chairs shall be dividedequally between men and women.

5. Committee on Platform: ThePermanent Chair shall recognize theChair of the Platform Committee to

present the committees report andminority reports, if any, in the samemanner as that provided for thepresentations of the reports of theCredentials and Rules Committees.

6. Nomination of the DemocraticCandidate for President: ThePermanent Chair shall receivenominations from the floor for theDemocratic candidate for the Officeof President of the United States inthe following manner:

a. Requests to nominate apresidential candidate shall be inwriting and shall have affixedthereto the written approval ofthe proposed nominee and thename of the individuals who shallbe recognized to make thenominating and secondingspeeches on behalf of apresidential candidate and shallbe delivered to the ConventionSecretary at a location asspecified by the Secretary no

later than 6:00 p.m. of the daypreceding the day designated forthe commencement ofpresidential nominations.

b. Each such request must beaccompanied by a petitionindicating support for theproposed nominee signed bydelegates representing not lessthan 300 nor more than 600delegate votes, not more than 50of which may come from one (1)

delegation. A delegate may notsign more than one (1)nominating petition for presidentand for vice president.

c. The order for nominatingpresidential candidates shall bedetermined by the NationalChairperson of the DemocraticNational Committee, thePermanent Chair of theConvention and each presidential

candidate, or his or herauthorized representative, whoqualifies to be nominatedpursuant to this section.

d. Each presidential candidate shallbe allowed a total of twenty (20)minutes for the presentation of

his or her name in nomination bynominating and secondingspeeches, the time to run withoutinterruption from the recognitionof the nominator.

e. Delegates and alternates shallmaintain order during andfollowing nominations for theOffice of President anddemonstrations shall not bepermitted.

7. Roll Call for Presidential Candidate:

a. After nominations for presidentialcandidates have closed, theConvention shall proceed to a rollcall vote by states on theselection of the presidentialcandidate. The roll call votingshall follow the alphabetical orderof the states with the District ofColumbia and Puerto Rico andthe territories treated as statesfor the purpose of thealphabetical roll call.

b. A majority vote of theConventions delegates shall berequired to nominate thepresidential candidate.

c. Delegates may vote for thecandidate of their choice whetheror not the name of suchcandidate was placed innomination. Any vote cast otherthan a vote for a presidentialcandidate meeting the

requirements of Article VI of thisCall and Rule 11.K. of the 2004Delegate Selection Rules shallbe considered a vote forPresent.

d. Balloting will continue until anominee is selected. Thenominee shall become thecandidate of the DemocraticParty of the United States for theOffice of President upon


17/34


receiving a majority vote of theConventions delegates.

8. Acceptance Speech by PresidentialCandidate: Immediately after theselection of the Democratic nomineefor President, the Permanent Chairshall invite the nominee to deliver an

acceptance speech to theConvention.

9. Nomination for the DemocraticCandidate for Vice President: Theselection of a nominee for the Officeof Vice President of the United Statesshall be conducted in the samemanner as that heretofore providedfor the selection of the nominee forPresident of the United States exceptthat a request to nominate must bedelivered to the Convention

Secretary at a location as specifiedby the Secretary not later than 9:00a.m. of the day designated for thecommencement of Vice Presidentialnominations.

10. Roll Call Ballot for Vice PresidentialCandidate:

a. After nominations for VicePresidential candidates haveclosed, the Convention shallproceed to a roll call vote bystates on the selection of the

Vice Presidential candidate. Theroll call voting procedure shall beconducted in the same manneras that heretofore provided forthe selection of the nominee forPresident of the United States.

b. A majority vote of theConventions delegates shall berequired to select the VicePresidential candidate.Delegates may vote for thecandidate of their choice whether

or not the name of suchcandidate was placed innomination. Balloting willcontinue until after a nominee isselected.

11. Acceptance Speech by VicePresidential Candidate: Immediatelyafter the selection of the Democraticnominee for Vice President, thePermanent Chair shall invite thenominee to deliver an acceptance

speech to the Convention. Thenominee shall become the candidateof the Democratic Party of the UnitedStates for the office of Vice Presidentupon completion of his or heracceptance speech to theConvention.

D. Special Orders of Business: It shall be inorder at any time for the RulesCommittee at the request of the Chair ofthe Convention, or pursuant to its rules,to report a resolution providing a specialorder of business for debate of anyresolution, motion, committee report orminority report or for the consideration ofany matter.

E. Powers and Duties of the Chair:

1. It shall be the responsibility of the

Chair to conduct and expedite thebusiness of the Convention and topreserve order and decorum in itsproceedings.

2. The Chair is authorized to appointsuch Convention officers as may berequired to assist in the conduct ofthe business of the Convention, suchofficers to be composed equally ofmen and women; to appoint anydelegate temporarily to perform theduties of the Chair; and to take suchlawful action as may be necessary

and appropriate to preserve orderthroughout the Convention Hall; andto take any other actions consistentwith the Charter and the Bylaws ofthe Democratic Party of the UnitedStates and this Call.

F. Voting:

1. Secret Ballot: No secret ballots shallbe permitted at any stage of theConvention or its committeeproceedings.

2. Proxy Voting: Neither delegate noralternate delegate votes may be castby proxy.

3. Roll Call Votes:

a. Voting shall be by voice vote or,when prescribed by these rules,by roll call vote. The roll callvoting shall follow the order asspecified in Article I.C.7.a. A roll


18/34


call vote shall also be had if theChair is in doubt or upon demandof any delegate supported bytwenty percent (20%) of theConventions delegates asevidenced by one of the followingmethods:

(1) A petition submitted to theChair indicating support ofthe demand by delegationswhich comprise not less thantwenty percent (20%) of theConventions delegates. Inthe case of the petition insupport of a demand for aroll call vote, a delegationshall be taken to support thedemand if a majority of itsdelegates have signed apetition to do so.

(2) By the rising in support of thedemand by not less thantwenty percent (20%) of thedelegates present.

b. When a roll call vote is ordered,the roll call shall be called bystates, and the Chair of eachdelegation or his or her designeeshall report the vote of his or herdelegation and shall send to theConvention Secretary a tallyshowing the vote of each

member of his or her delegationindicating whether such vote wascast in person or by an alternate.Such roll call votes may beconducted by having the Chairfor each delegation report bytelephone, or electronic votingmechanism, the vote of his or herdelegation to the rostrum,provided that the telephone pollshall not be used in the ballotingfor the Presidential and VicePresidential nominees. Business

shall be permitted to proceedduring the telephone roll call andvotes may be conducted byelectronic mechanism. Aftereach official vote, the DelegationChair shall record and tally votesof the delegation on official rollcall tally sheets provided by theConvention Secretary. All officialroll call tally sheets shall beturned in to the ConventionSecretary at a specified location

not more than thirty (30) minutesafter the close of each votingperiod.

c. All delegates to the NationalConvention pledged to apresidential candidate shall in allgood conscience reflect the

sentiments of those who electedthem.

d. In the case where a pledgeddelegate is not on the floor of theConvention Hall at the time avote is taken, an alternate maybe designated according to therules to cast the vote. In no casemay an alternate cast a vote for adelegate allocated under I.E.,I.F., I.G. or I.H. of this Call.

e. On a roll call vote by states, thevote cast on behalf of adelegation may be challenged bycommunication to theConvention Secretary bytelephone or other means by anyvoting member of that statesdelegation within ten (10)minutes after the ConventionSecretarys announcement of thestates vote. The votes of thatdelegation shall then be recordedas polled without regard to anystate law, party rule, resolution or

instruction binding the delegationor any member thereof to votefor or against any candidate orproposition. The ConventionChair may send aparliamentarian to the delegationto conduct the poll. At thediscretion of the ConventionChair, the roll call may continueinstead of waiting for the result ofthe polling.

f. On a roll call vote conducted by

telephone or other electronicvoting mechanism, the vote of adelegation as shown on the videoprojection system may bechallenged by communication tothe Convention Secretary bytelephone or other means by anyvoting member of the delegationwithin ten (10) minutes after thedelegations vote is shown on thescreen.


19/34


g. A demand to poll a delegationmay be withdrawn at any timebefore the actual polling hasbegun.

4. Interruption of Vote: When thequestion has been put, the votethereon may not be interrupted for

any purpose other than a demand fora roll call vote or a point of orderdirected to the conduct of the vote.

5. Determination of Question: Except asotherwise provided in these rules, allquestions, including the question ofnominations of candidates forPresident and Vice President of theUnited States, shall be determined bya majority vote of the delegates tothe Convention.

G. Filling a Vacancy on the National Ticket:In the event of death, resignation ordisability of a nominee of the Party forPresident or Vice President after theadjournment of the National Convention,the National Chairperson of theDemocratic National Committee shallconfer with the Democratic leadership ofthe United States Congress and theDemocratic Governors Association andshall report to the Democratic NationalCommittee, which is authorized to fill thevacancy or vacancies.

H. Interpretation of the Rules: In interpretingthe rules, the Chair may have recourse tothe ruling of Chairs of previousDemocratic Conventions, to theprecedents of the United States House ofRepresentatives and to generalparliamentary law.

I. Appeals:

1. The Chair shall decide all questionsof order subject to an appeal by anydelegate which may be debated for

not more than ten (10) minutes, thetime to be equally divided betweenthe delegate appealing the ruling anda delegate in favor of sustaining theruling of the Chair; provided that anappeal shall not be in order whileanother appeal is pending or fromdecisions on recognition or fromdecisions on dilatoriness of motionsor during a roll call vote or on aquestion on which an appeal has justbeen decided or, when in the opinion

of the Chair, such appeal is clearlydilatory.

2. Before the question is put on anyappeal, the Chair shall be entitled tostate briefly the reasons for the rulingbeing appealed.

J. Motion to Suspend the Rules: The Chairshall entertain a motion to suspend therules, which shall be decided withoutdebate and which shall require a vote oftwo thirds (E) of the delegates voting, aquorum being present.

K. Motion:

1. No question of privilege or anymotion other than those providedunder these rules shall beentertained, except the motion to

recess (to a time certain or at the callof the Chair), which shall beprivileged, and the motion to adjourn,which shall be the highest privilege.

2. Motions to adjourn or to recess shallbe in order at any time except whenthe question has been put or a voteis in progress and shall be decidedwithout debate. The Chair shall notentertain a motion to adjourn orrecess when such motion closelyfollows another such motion if in theopinion of the Chair such motion is

dilatory.

L. Amendments: No amendments toresolutions or motions before theConvention shall be permitted, exceptamendments to standing committeereports or resolutions offered at thedirection of the standing committee or ina minority report of that standingcommittee; provided that no motion orproposition on a subject different fromthat under consideration shall beadmitted in the form of such an

amendment.

M. Minority Reports: Minority reports ofcommittees shall not be consideredunless adopted in writing by membersrepresenting at least twenty percent(20%) of the total votes of a committee. Aminority report may be withdrawn at anytime prior to or during the Convention. Aminority report shall be deemed to bewithdrawn when support for the reportfalls below the number of members


20/34


representing twenty percent (20%) of thetotal votes of the standing committee asevidenced by the written withdrawal ofsupport by proponents of the report. Acommittee member may withdraw his orher support for a minority report bywritten notice to the Secretary of theDemocratic National Committee.

N. Responsibility: By participating in theDemocratic National Convention, eachdelegate assumes the responsibility fordoing all within his or her power to assurethat voters of his or her state will have theopportunity to cast their election ballotsfor the Presidential and Vice Presidentialnominees selected by the Convention or,should a vacancy arise, pursuant toArticle VIII.G. of these rules, andexpressly agrees that he or she will notpublicly support or campaign for any

candidate for President or Vice Presidentother than the nominees of theDemocratic National Convention, or,should a vacancy arise, the nominee(s)selected pursuant to Article VIII.G.

O. Debate: Unless otherwise provided inthese rules or in a resolution providing fora special order of business, debate onany question shall be limited to a total oftwenty (20) minutes and shall be equallydivided between proponents andopponents unless they and the Chairagree upon an additional or lesser

amount of time.

P. Quorum: A majority of the delegates tothe Convention shall constitute a quorumthereof for the purpose of transactingbusiness. Upon a point of order of noquorum being made, the Chair shallascertain the presence or absence of aquorum by visual estimation and shall notproceed until a quorum is present;provided that a motion to adjourn may beoffered and voted upon without a quorumpresent.

Q. References to the Chair: All referencesto the authority and responsibilities of theChair shall pertain to the TemporaryChair, the Permanent Chair, the Co-Chairs and any other person assumingthe duties of the Chair as appropriateduring the Convention.

R. Equal Division: The Charter of theDemocratic Party of the United Statesprovides that the National Convention

shall be composed of delegates andalternates equally divided between menand women. This Call, in compliance withthe Charter, and pursuant to Rule 6.C. ofthe 2004 Delegate Selection Rules,mandates that delegates and alternatesfrom each state and jurisdiction shall beequally divided between men and women

with a variance of no more than one (1).

S. Non-Discrimination: Discrimination on thebasis of race, sex, age, color, creed,national origin, religion, ethnic identity,sexual orientation, economic status orphysical disability in the conduct ofDemocratic Party affairs is prohibited.

T. Territories: The term territories shallrefer to American Samoa, DemocratsAbroad, Guam and the Virgin Islands inthis Call.

U. Journal of Proceedings:

1. A record of all actions taken eachday by the Convention shall beprinted and made available to alldelegates and alternates thefollowing day by the ConventionSecretary.

2. The Secretary of the DemocraticNational Committee will provide a

journal of the full proceedings of theConvention, which shall be printed

within the year following theConvention.


21/34


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Under Rule 19.B. of the 2004 DelegateSelection Rules, the Rules and BylawsCommittee has jurisdiction over challengespertaining to the submission, non-implementation and violation of stateDelegate Selection and Affirmative ActionPlans. The following Rules of Procedure ofthe Credentials Committee of the 2004Democratic National Convention describesthe procedure for considering challenges

once the Credentials Committee assumesresponsibility for the challenge process asotherwise described in Rule 19.B.

All delegates and alternates to the 2004Democratic National Convention shall beselected in accordance with the 2004Delegate Selection Rules and the 2004 Call.Only delegates and alternates selected undera delegate selection system approved by theDNC Rules and Bylaws Committee pursuantto the 2004 Delegate Selection Rules shall beplaced on the Temporary Roll of the 2004Democratic National Convention.

All challenges to the credentials of delegatesand alternates to the 2004 DemocraticNational Convention shall be processed inaccordance with the Rules of Procedure ofthe Credentials Committee of the 2004Democratic National Convention.

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The Credentials Committee shall havejurisdiction to hear and decide:

A. Any challenge brought before the DNCRules and Bylaws Committee and notresolved before the 56th calendar day


22/34


preceding the date of commencement ofthe Democratic National Convention;and,

B. Any challenge alleging:

1. Failure to implement a final order ofthe DNC Rules and Bylaws

Committee; or

2. Failure to implement a plan approvedby the DNC Rules and BylawsCommittee, if such challenge isinitiated on or after the 56th daypreceding the date ofcommencement of the DemocraticNational Convention, except withregard to Rule 18.E. of the DelegateSelection Rules.

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A. Challenging Parties: A challenge to thecredentials of any delegate or alternate tothe 2004 Democratic NationalConvention shall be brought by at leastfifteen (15) Democrats who are residentsof the state and level at which delegatesto the National Convention are elected inwhich the challenge arises, and who fulfill(1), or if there is no Democratic Partyenrollment or registration in the state,then either (2) or (3) below:

1. Registration or enrollment asDemocrats in those states whichemploy such procedures. Personsnot registered to vote or personsregistered as unaffiliated voters orenrolled as members of other partiesor as independents shall not havestanding to bring a challenge.

2. Participation in Democratic Partyaffairs. Persons who haveparticipated in the affairs of anotherpolitical party during the preceding

12-month period shall not havestanding to bring a challenge.Participation in a partys affairs shallinclude, but not be limited to, votingin the immediately preceding primaryof that political party.

3. Any person who lacks standing underparagraphs (1) and (2) and whodemonstrates that he or sheattempted to participate in the affairsof the Democratic Party in good faithshall have standing to challenge.

4. Each challenge shall include astatement indicating that eachchallenger subscribes to thesubstance, intent and principles ofthe Charter and Bylaws of theDemocratic Party of the UnitedStates. Each challenger must havebeen personally injured with respect

to his or her participation in thedelegate selection process by anyviolation complained of or shall be sosituated that he or she clearly will bepersonally injured by such violation.

B. Challenged Parties:

1. Where delegates or alternates to theConvention have been selected fromthe level at which delegates to theNational Convention are elected inwhich the challenge arises, the

challenged party or parties shall be adelegate or alternate or a group ofdelegates or alternates or the entiredelegation from that level.

2. Where delegates or alternates to theConvention have not yet beenselected from the level at whichdelegates to the National Conventionare elected in which the challengearises, the challenged party shall bethe Democratic Party organizationresponsible for that level; providedthat where any state law or state

party rule, regulation, decision orother state party action or omission ischallenged, the State DemocraticParty shall also be named as achallenged party. If during thependency of the challenge, anydelegate(s) or alternate(s) to theConvention are selected from thelevel involved, such delegate(s) oralternate(s) shall be joined aschallenged parties if any relief withrespect to their credentials at theConvention is sought.

3. The State Democratic Party shall bejoined as a challenged party if achallenged party so requests.

C. Intervening Parties:

1. A State Democratic Party mayintervene as of right in any challengeproceeding for the purpose ofprotecting any interest it may havewith respect to that proceeding.


23/34


2. A presidential candidate mayintervene as of right in any challengeproceeding for the purpose ofprotecting any interest he or she mayhave with respect to that proceeding.

3. For good cause shown, any otherperson having standing under

Section 2:A. may be permitted to beheard as an amicus curiae or, inappropriate circumstances, tointervene, for all or limited purposes,by leave of the Chair of theCredentials Committee or theHearing Officer.

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A. Filing: Any challenge, answer and

accompanying documents to beconsidered in the processing of anychallenge shall be filed by hand delivery(receipt to be retained), certified mail(return receipt requested), or by anovernight delivery service (signaturerequired) to: Chair, 2004 ConventionCredentials Committee, c/o DemocraticNational Committee, 430 South CapitolStreet, S.E., Washington, DC 20003 witha copy to the Chair of the DemocraticParty of the state in which the challengearises. The original and a copy of eachdocument shall be filed. Filing shall bedeemed complete upon receipt, or in thecase of hand delivery, upon delivery.

B. Service: Any document filed in anyproceeding pursuant to these rules shallbe served at the same time by the filingparty upon all other parties to theproceeding, with a copy to the Chair ofthe Democratic Party of the state in whichthe challenge arises. Service shall bemade by hand delivery (receipt to beobtained), certified mail (return receiptrequested), or an overnight delivery

service (signature required) to each partyor his or her attorney, if any. Anydocument filed pursuant to these rulesshall be accompanied by a certificate ofservice signed by the filing party or by hisor her attorney, if any. Service shall bedeemed complete, in the case of hand-delivery, on the date of receipt by theserved party or, in the case of service bycertified mail or an overnight deliveryservice, on the first business day onwhich delivery is attempted.

C. Time:

1. In computing any period of timeprescribed by these rules, the day ofthe act or event from which thedesignated period of time begins torun shall not be included. Weekendsand holidays shall be included.

2. The Chair of the CredentialsCommittee shall have authority forgood cause, on application or suasponte, to enlarge or shorten anyperiod of time prescribed by theserules. An extension of time shall begranted only when compelling needis shown.

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A. A credentials challenge shall becommenced by the filing of a writtenchallenge not later than:

1. Fifteen (15) calendar days after theviolation occurred, or

2. Fifteen (15) calendar days after theselection of any delegate or alternatewhose credentials to the DemocraticNational Convention are to be put inissue, whichever occurs first. Thechallenging parties shall, within theperiod provided by the State

Democratic Party in its DelegateSelection Plan, invoke, and shallthereafter exhaust, the remediesprovided by State Democratic Partyprocedures for the violations alleged.

B. The challenge shall be verified by thenotarized signature of each challengingparty, and shall include the following:

1. The name, address and telephonenumber of each challenging partyand allegations of fact fulfilling the

requirements of Section I.A.; and thename, address and telephonenumber of each challenging partysattorney or other representativeauthorized to receive documents onbehalf of the challenger.

2. The name, address and telephonenumber of each delegate or alternatewhose credentials are challenged, ora statement that such information isunavailable to the challengingparties; or, where delegates or


24/34


alternates have not yet beenselected, the name, address andtelephone number of eachchallenged party.

3. An identification of the state and levelat which delegates to the NationalConvention are elected in which the

challenge arises.

4. A plain, concise and specificstatement of each violation of a statedelegate selection plan approved bythe DNC Rules and BylawsCommittee, or of a final order of theDNC Rules and Bylaws Committee;or a statement that the state does nothave an approved delegate selectionplan.

5. A plain, concise and specific

statement of how each challengingparty has been injured with respect tohis or her participation in the delegateselection process by each allegedviolation.

6. A plain, concise and specificstatement of the remedies eachchallenging party has invoked withrespect to each alleged violationbefore filing a credentials challengewith the Credentials Committee, anda statement of the expected length oftime for exhaustion of the state party

procedures.

7. A plain, concise and specificstatement of the relief requested andthe reason therefore. If a challengingparty proposes that he or she beseated in the states delegation, thechallenge shall include a plain,concise and specific statement of thereasons why that party has a right tobe seated, superior to that of thedelegate or alternate whose seat heor she seeks; and a plain, concise

and specific statement of how thechallenging party has complied withall applicable laws, rules andregulations and has participated inthe delegate selection process.

C. The challenge shall be accompanied bythe following documents:

1. A plain, concise and specificstatement that contains, byseparately numbered paragraphs,

each violation alleged and each formof relief sought.

2. A list of the name, address andtelephone number of each witnesswho is likely to be called to testify insupport of the challenge.

3. A list of the documents likely to beoffered in support of the challenge,together with copies of thosedocuments.

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A. Within ten (10) calendar days afterservice of a challenge, each challengedparty shall file a written answer, verifiedby the notarized signature of eachchallenged party, including the following:

1. The name, address and telephonenumber of each challenged party andthe name, address and telephonenumber of his or her attorney or otherrepresentative authorized to receivedocuments on behalf of thechallenged party.

2. A statement as to whether thestanding under Section I.A. of thechallenging parties is in dispute.

3. A response to the challenge,

separately admitting or denying eachstatement therein, or stating that thechallenged party is without sufficientinformation to admit or deny. Aresponse to a statement shall fairlymeet its substance, admitting thoseparts that are true and denying thoseparts that are false.

4. A plain, concise and specificstatement of each and everyaffirmative defense to the allegedviolations.

5. A plain, concise and specificstatement of any other reasons whythe challenged party should prevail.

B. The answer shall be accompanied by thefollowing documents:

1. A plain, concise and specificstatement that contains, by referenceto each numbered paragraph of thechallenging statement required bySection 4:C.(1), a response to each


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alleged violation or request for relief.A response to a proposition shallfairly meet its substance, admittingthose parts that are true and denyingthose parts that are false. Wherevera proposition is denied in whole or inpart, the proposition supported by thechallenged party on that point shall

be stated.

2. A list of the name, address andtelephone number of each witnesswho is likely to be called in oppositionto the challenge.

3. A list of the documents likely to beoffered in opposition to the challenge,together with copies of thosedocuments.

C. Challenged parties may consolidate their

answers.

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A. Dismissal:

1. The Chair of the CredentialsCommittee shall dismiss anychallenge, or part of a challenge,which does not fall within the

jurisdiction of the CredentialsCommittee.

2. If a state party has adopted andimplemented an approved affirmativeaction program, the Chair shalldismiss any challenge, or part of achallenge, which is based solely oncomposition of the Conventiondelegation, except in the case of achallenge based upon the failure toachieve equal division.

3. The Chair shall have authority todismiss any challenge which is

brought by persons lacking standingunder Section I.A., or whichotherwise fails to comply substantiallywith these rules, or which isotherwise manifestly insufficient.

4. Any dismissal shall be accompaniedby a written opinion by the Chair.

B. Decision on the Pleadings: The Chair ofthe Credentials Committee shall haveauthority to make a decision on the

pleadings where it is plain from thechallenge and the answer, together withthe documents accompanying thosepleadings, that there is no genuine issueof material fact between the parties. Anydecision on the pleadings shall beaccompanied by a written opinion by theChair.

C. Review of Dismissal or Decision on thePleadings: Within five (5) calendar daysafter service of a notice of the entry of adismissal under Section 6:A. or underSection I.B., an aggrieved party may file aPetition for Review by the CredentialsCommittee stating the objections to theChairs action, and may file a brief. Withinfive (5) calendar days after service of thepetition, any other party may file a brief.Consideration of the challenge by theCredentials Committee shall proceed as

in other cases, except that the challengeshall be given precedence on thecommittees docket.

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A. The Chair of the Credentials Committeemay defer, for such period as isappropriate, proceedings on a challengein order to give time for the considerationof any challenge or other related matterunder State Democratic Partyprocedures. The deferral period shall not

be so long as to interfere with theprocessing and consideration of thechallenge by the Credentials Committeeif that should prove necessary.

B. The State Democratic Party body maytake such action with respect to thechallenge or other related matter as it isauthorized to take under state law andstate party rules.

C. After a decision by a state party body ona challenge or other related matter, any

party to the challenge pending before theCredentials Committee may request theCommittee to process the challenge andthe Committee shall do so. The partymaking the request shall file any writtendecision or order made with respect tothe challenge by the state party body.The decision of the state party body shallbe given such weight as the CredentialsCommittee finds warranted in thecircumstances.


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D. Records of proceedings conducted by thestate party body with respect to thechallenge or other related matter, andother papers relating to the state partyproceedings, shall be admissible inCredentials Committee proceedings onthe challenge.

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A. With respect to any challenge or part of achallenge not dismissed or decided onthe pleadings under Section 6:, an openand public hearing shall be held on thespecific factual and legal matters indispute. An electronic or stenographicrecording or clerical notes shall be madeof the proceedings at any such hearing.

B. The hearing shall be held in Washington,D.C. unless the Chair of the CredentialsCommittee determines that in the interestof justice it should be held elsewhere.

C. The hearing shall be conducted by aHearing Officer appointed by the Chair ofthe Credentials Committee. The HearingOfficer shall be a Democrat, neutral inthe context of the challenge, experiencedin the law, known by reputation to be fairand shall not be involved in or identifiedwith any presidential campaign or anygroup promoting or opposing credentialschallenges. The Chair shall make a

reasonable effort to secure theagreement of the parties to the HearingOfficer.

D. The Hearing Officer shall have all powernecessary to conduct the hearing in suchmanner, consistent with these rules, as tosecure the just, speedy and inexpensivedetermination of the challenge, includingthe right to require the parties toparticipate in a pre-hearing conference.

E. Prior to the commencement of the

hearing, the Hearing Officer shallannounce a ruling identifying, on thebasis of the papers filed in the challengeand any pre-hearing conference, thespecific issues in dispute. The HearingOfficer shall have power to rule that oncertain issues only documentaryevidence shall be received. Any partyobjecting to a ruling under this paragraphmay make a proffer of the evidence thatwould have been presented but for theruling.

F. The Hearing Officer shall hear theevidence, dispose of procedural requestsand similar matters and, to the extentpossible, obtain stipulations of the partiesas to the facts of the challenge.

G. A challenging party shall have the burdenof proof by clear and convincing evidence

on all factual issues necessary to thechallenge, except that the burden ofproof shall rest with the challenged partyin the case of:

1. any unresolved challenges to astates affirmative action programfiled thirty (30) days or more prior tothe initiation of the states delegateselection process other than achallenge made on the basis of non-implementation of a specificrequirement of a state plan; and,

2. any challenge for failure to submitand implement an approvedaffirmative action program by thedeadline specified in the DelegateSelection Rules.

H. The Hearing Officer shall have authorityto receive all competent evidencerelevant to the specific matters in issueand to assign to it appropriate weight.

I. The Hearing Officer shall have authorityto order for good cause, on application or

sua sponte, that a party produce at thehearing designated evidence in theinterest of justice. Where a party fails toproduce such evidence, the HearingOfficer may make findings of factadverse to the party on all issues towhich the evidence would have beenmaterial.

J. Subject to any ruling under Section I.E.,each party shall have the right to presentcompetent oral and documentaryevidence relevant to the specific matters

in issue and to conduct cross-examination.

K. The Hearing Officer may require partiesto consolidate their challenges ordefenses for purposes of the hearing.

L. The Hearing Officer shall make and file awritten report to the CredentialsCommittee, which shall include findingsof fact, conclusions of law and arecommendation for disposition of the


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challenge. The reports shall be served onall parties to the challenge.

M. Any transcript or other papers in therecord from any proceedings before theDNC Rules and Bylaws Committee shallbe part of the record.

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A. The Credentials Committee shall beginmeeting at the call of the Chair inWashington, D.C., or elsewhere at thecall of the Chair to hear challenges. Nolater than thirty (30) days before the firstmeeting meeting of the CredentialsCommittee, written notice of the date,time, place, and the tentative agenda ofsuch meeting shall be sent to all

members of the Credentials Committee.A special or emergency meeting of theCredentials Committee may be held uponcall of the Chair of the CredentialsCommittee with reasonable notice to themembers.

B. All meetings of the CredentialsCommittee shall be open to the public;provided that the Chair of the Committeeshall exclude from the specific areawhere the committee is conducting itsbusiness all persons whose presence inthat area is not required for the properconduct of the business.

C. Request for hearing by Full Committee:Within two (2) days after service of theHearing Officers report, an aggrievedparty may file a written Petition forReview by the Credentials Committee.The petition shall contain a plain, conciseand specific statement of the reasons forappeal and the procedural and/orsubstantive errors claimed by thepetitioner.

D. Briefs:

1. Within three (3) calendar days afterfiling the Petition for Review, thepetitioner for review may file a brief.

2. Within three (3) calendar days afterservice of the petitioners brief, arespondent may file a brief.

3. Any party filing a brief shall file asmany copies as there are members

of the committee, plus ten (10)copies for the Chair and staff of thecommittee.

E. Argument:

1. Each side of a challenge shall beentitled to present oral argument

before the Committee for a perioddetermined by the Chair of thecommittee, generally not to exceedfifteen (15) minutes.

2. The Chair of the committee mayrequire parties to consolidate orseparate their challenges or defensefor purposes of oral argument.

3. The Chair of the committee shallnotify the parties of the time andplace of oral argument.

F. Resolutions:

1. All proposed resolutions relating tothe disposition of a credentialschallenge shall be in writing andsigned by the proponent and at leastone (1) second. Proposed resolutionsrelating to the seating or unseating ofdelegates or alternates shall beseconded in writing by at least seven(7) members, no more than two (2) ofwhom may be members elected bythe delegation from the same state

as the proponent of the resolution.

2. All proposed resolutions relating tothe disposition of

Documents

Democratic National Committee Release - Call for the 2004 Democratic National Convention