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Mandamus filed with the Texas Supreme Court, by Ron Paul supporter in Corpus Christi Texas.
Citation preview
H~~ iv) ~ ~-r6laquo-(
V laquo4~ ~ middot1 otlIAke ~t~ 111 No 00- 03fJ
I ~~I-
IN THE SUPREME COURT OF TEXAS
In re Vanessa Cahill Relator
PETITION FOR WRIT OF MANDAMUS Original Proceeding
In connection with primary election
Attorney for Relator
Bruce C Matzke State Bar 13234475 PO Box 2641 Corpus Christi Tx 78403 361-888middot9255 phone 361-888-9285 fax
--- - --- - ------- --- --------- --- -shy-
IDENTITY OF PARTIES AND COUNSEL
RELATOR COUNSEL
Vanessa Cahill 6050 Rio Vista Corpus Christi Texas 78412 8328162944 phone
Bruce C Matzke State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 3618889255 phone 3618889288 fax
REAL PARTY IN INTEREST
The Republican Party of Texas 900 Congress Avenue Suite 300 Austin Texas 78701 5124779821 phone 5124800709 fax
RESPONDANT
Michael A Bertuzzi Nueces County Republican Party Chairman 433 Cape Cod Corpus Christi Texas 78412 361-994-5019 361-887-4388
The Republican Party of Texas 900 Congress Avenue Suite 300 Austin Texas 78701 5124779821 phone 5124800709 fax
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TO THE HONORABLE SUPREME COURT OF TEXAS
Relator Vanessa Cahill having no adequate remedy other than access to
precinct minutes is respectfully requesting this court to issue a writ of mandamus
upon the respondent Michael Bertuzzi Nueces County Republican Party
Chairman Under the Texas Election Code the county chairman is required to
maintain a copy of all precinct minutes within Nueces County This copy is said to
be public record AILrequests of these were denied by Mr Bertuzzi
The Texas State Republican convention is scheduled to begin on June 12
2008 Just forty two (42) days before the State convention Relator was notified that
she was being denied her credentials as a delegate to the State convention Relator
is convinced that the addition of unelected delegates prevented her from being
elected to the state convention
The Supreme Court of Texas should consider mandamus review in this
matter as provided by the Texas Constitution ARTICLE V SECTION 3 and The
Texas Election Code This case has issues of statewide importance involving a
partys political convention it involved relators 14th amendment rights and given
the limited time frame immediate court action is required
--- - - --shy
TABLE OF CONTENTS
IDENTITY OF PARTIES AND COUNSEL i
The Supreme Court of Texas may issue a writ of mandamus to compel the perfonnance of a duty in connection with an election or a political party convention regardless of weather the perSOll responsible for perfonning the duty is a public officer
CERTIFICATE OF COMPLIANCE I0
TABLE OF CONTENTS ii
INDEX OF AUTHORITIES iii
STATEMENT OFTHE CASE iv
STATEMENT OF JURISDICTION v
ISSUE PRESENTED vi
STATEMENT OF FACTS 1
ARGUMENT 4
Importance of Case 4 Jurisdiction to accept Relators Request for Mandamus 5 Public Officer is subject to Mandamus 6
CONCLUSION 7
VERIFICATION 8
CERTIFICATE OF SERVICE 9
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--- - ---~
INDEX OF AUTHORITIES
CASES
Morse v Republican Party oj Virginia 517 US 186 (1996) 4
OBrien v BroHI1 409 US 1 92 SCt 2718 34 LEd2d 1 (1972) 5
Republican Party aTexas v Dietz SW2d 86 (Tex1997) and 924 SW2d 932
(Tex1996) 5
Republican Party aTexas 1 Dietz 940 SW2d 86 (Tex 1997) v
United States v Clasic 313 US2999 4
STATUTES
Texas Election Code
~ 273063(a) v
~ 273061 5
sect 174027 6 ~ 161004 6
sect 161009 v6
sect 163007 6
RULES
Texas Rule of Appellate Procedure 523(e) v
SECRETARY OF STATE OPINION
David A Dean opinion letter dated June 24 1982 2
OTHER
Constitution of the State of Texas ARTICLE V v
FOUlieenth Amendment of the United States Constitution 4
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I STATEMENT OF THE CASE
(a) Nature ofthe Case
The Respondent Michael Bertuzzi the Nueces County Republican Chair
has a duty imposed upon him by the Texas Election Code to maintain copies of all
Nueces County precinct minutes for the remainder of the election year
The Texas Election Code states that these records are public information
thus implying a duty upon Respondent to make these records available to Relator
upon request Thus far Michael Bertuzzi has failed andor refused such request
This court is being petitioned to enforce Respondants duty to disclose these
records by a writ of Mandamus
(b) This is an original proceeding to the Supreme Court of Texas
(c) Present Disposition ofdispute Respondent continues his refusal to allow Relator access to these records
(d) Court ofAppeals
None
(e) Parties to this action
Relator Vanessa Cahill
Relators Attorney Bruce C Matzke
Respondent Michael A Bertuzzi Republican Party of Texas 433 Cape Cod 900 Congress Suite 300 Corpus Christi Tx 78412 Austin Tx 78701 361-994-5019 home 512-477-9821 361-883-2600 office
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STATEMENT OF JURISDICTION
The Supreme Court of Texas acquires original jurisdiction of this mandamus
proceedings from
Constitution ofthe State of Texas ARTICLE V Section 3
Texas Election Code section 161009
Texas Election Code section 273063(a)
Texas Rule ofAppellate Procedure 523(e)
This courts opinion in Republican Party of Texas v Dietz 940 S W2d 86
(Tex 1997) listed additional reasons for this Court to accept original jurisdiction
to issue a writ of mandamus on a public officer The reasons given
(1) unique and compelling circumstances
(2) the states highest court should determine issues of statewide
importance involving a statewide political convention
(3) issues that involve Constitutional Rights of the Relator
(4) the case could become moot unless immediate court action was
taken and the quick eruption and short time frame of this
constitutional controversy compelled mandamus review
-vshy
--- - - --- - - ----- ----~- ----- ~~-
ISSUE PRESENTED
The Supreme Court of Texas may issue a writ of mandamus to compel
the performance of a duty in connection with an election or a political parf)
convention regardless of whether the person responsible for performing the duty is
a public officer
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IV THE UNDISPUTED STATEMENT OF FACTS
Thefacts stated herein are supported bv the Cfidmit ofthe Relator
ciffidalits ofbusinesses record and party admissions Particular caution
lvas taken to insure the Texas Rules of Evidence were follmted
Therefore in the follmving statement offacts are true and correct as
far as Relators recollection and are SH10rn to by affidavit by Vanessa Cahill
Relator Mrs Vanessa Cahill was a registered voter in Nueces
County Texas eligible to vote in the primary on March 4 2008
Mrs Cahill voted in the morning on the day of the pJimary election
March 4 2008 Relator went to precinct 65s polling place Montclair
Elementary School
While at the polling place she learned that she could become a delegate in
the Nueces County Republican Party and was informed to return to the
precinct convention which was to take place shortly after the polls closed
At 7pm Mrs Cahill went back to attend The meeting was called to order
by the precinct chair Twelve delegates including Mrs Cahill were elected
as delegates to the county convention (EXHIBIT A)
Mrs Cahill was encouraged to get on one of the committees Mrs
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Cahill overheard the precinct chairman say she would be adding additional
names to the delegate list later that evening to fill up the remaining 17
delegate slots
Bng HegtVJ Intrested I h0rng molVVIVnrlerl n middotheII Nu~~e~--UUIlLYr~ ~h llUVllllll Ul 1 --
Republican Party Relator read the Republican Party Rules and the
Republican Party Platform in addition to an election law opinion by David
A Dean former Secretary of State (EXHIBIT B) After reading these rules
Mrs Cahill became concerned about her precinct chairmans comments
On March 6 2008 Mrs Cahill emailed the Nueces County Chairman
Michael Bertuzzi (EXHIBIT C) to express her interest in volunteering at the
headquarters and serving on any of the committees On March 13 2008
Mrs Cahill sent Mr Bertuzzi a second email (EXHIBIT D) stating that she
was interested in serving on a committee In addition Mrs Cahill also
requested a copy of precinct minutes
Relator wanted a list of delegates from precinct 65 so that she could
contact them prior to the county convention It appeared to Mrs Cahill that
her attempts to contact Mr Bertuzzi and become involved in the local party
were being shunned
A few days later Mrs Cahill obtained a copy of precinct minutes for
precincts 175870 and 121 (EXHIBITS EFGH) Mrs Cahill obtained a
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---- - - ---- - ------ --shy
letter sent by Mr William Paul Hunt to Mr Beliuzzi requesting minutes for
all 126 precincts within Nueces County (EXHIBIT I) Mrs Cahill also
received a copy of the response letter Mr Hunt received from Mr Bertuzzi
denying him access to these records (EXHIBIT J) t this juncture it gtvas
Mrs Cahills belief that Mr Bertuzzi was violating the election code or was
not aware of the rules As a result Relator filed a challenge as laid out in the
Rules of the Republican Party (EXHIBIT K)
Upon arrival at the county convention Mrs Cahill noticed that there
were 29 names on the list of delegates for her precinct (EXHIBIT L)
Delegates had been added that were not voted on at precinct 65 s
convention Mrs Cahill voiced a complaint to the registrar At the county
convention Mrs Cahill learned that the same situation had taken place
numerous precincts Numerous unauthorized delegates had been seated and
their votes were included in the election of delegates to the state convention
Mrs Cahill believes the only way to know the number of delegates
who were added to precincts after adjournment of the precinct conventions is
to have full access to all precinct convention minutes within Nueces County
and Mrs Cahill humbly asks the court to grant a writ of mandamus to make
these records accessible
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--- - ~ --- - - ------- ---- -- - - _shy~-
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
~11middotImiddotamiddot~~ ()4 29 7 117 TT C 86 1996 ~~d~ m~rle n~ rlJfe----- t ow ~VJ ~uuu 17 - JjJ1 LJJbull l 11 J ~al II II au IV U 11 lC11lC 11 d
political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
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However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
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---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
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--- shy ~ ----shy - ~~-~ ~----
CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
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--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
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~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
~ ~~ ~ ~ lt)
~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Committee Information from vanessa cahill ltvanessafratilagmailcomgt hide details Mar 6 Beply
to michaeLbertuzzimlcom date Mar 62008411 PM
subject Committee Information mailed-by gmailcom
Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
~ - - 1 (~ _o _0 CD Q (f)
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
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The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
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SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
IDENTITY OF PARTIES AND COUNSEL
RELATOR COUNSEL
Vanessa Cahill 6050 Rio Vista Corpus Christi Texas 78412 8328162944 phone
Bruce C Matzke State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 3618889255 phone 3618889288 fax
REAL PARTY IN INTEREST
The Republican Party of Texas 900 Congress Avenue Suite 300 Austin Texas 78701 5124779821 phone 5124800709 fax
RESPONDANT
Michael A Bertuzzi Nueces County Republican Party Chairman 433 Cape Cod Corpus Christi Texas 78412 361-994-5019 361-887-4388
The Republican Party of Texas 900 Congress Avenue Suite 300 Austin Texas 78701 5124779821 phone 5124800709 fax
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TO THE HONORABLE SUPREME COURT OF TEXAS
Relator Vanessa Cahill having no adequate remedy other than access to
precinct minutes is respectfully requesting this court to issue a writ of mandamus
upon the respondent Michael Bertuzzi Nueces County Republican Party
Chairman Under the Texas Election Code the county chairman is required to
maintain a copy of all precinct minutes within Nueces County This copy is said to
be public record AILrequests of these were denied by Mr Bertuzzi
The Texas State Republican convention is scheduled to begin on June 12
2008 Just forty two (42) days before the State convention Relator was notified that
she was being denied her credentials as a delegate to the State convention Relator
is convinced that the addition of unelected delegates prevented her from being
elected to the state convention
The Supreme Court of Texas should consider mandamus review in this
matter as provided by the Texas Constitution ARTICLE V SECTION 3 and The
Texas Election Code This case has issues of statewide importance involving a
partys political convention it involved relators 14th amendment rights and given
the limited time frame immediate court action is required
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TABLE OF CONTENTS
IDENTITY OF PARTIES AND COUNSEL i
The Supreme Court of Texas may issue a writ of mandamus to compel the perfonnance of a duty in connection with an election or a political party convention regardless of weather the perSOll responsible for perfonning the duty is a public officer
CERTIFICATE OF COMPLIANCE I0
TABLE OF CONTENTS ii
INDEX OF AUTHORITIES iii
STATEMENT OFTHE CASE iv
STATEMENT OF JURISDICTION v
ISSUE PRESENTED vi
STATEMENT OF FACTS 1
ARGUMENT 4
Importance of Case 4 Jurisdiction to accept Relators Request for Mandamus 5 Public Officer is subject to Mandamus 6
CONCLUSION 7
VERIFICATION 8
CERTIFICATE OF SERVICE 9
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--- - ---~
INDEX OF AUTHORITIES
CASES
Morse v Republican Party oj Virginia 517 US 186 (1996) 4
OBrien v BroHI1 409 US 1 92 SCt 2718 34 LEd2d 1 (1972) 5
Republican Party aTexas v Dietz SW2d 86 (Tex1997) and 924 SW2d 932
(Tex1996) 5
Republican Party aTexas 1 Dietz 940 SW2d 86 (Tex 1997) v
United States v Clasic 313 US2999 4
STATUTES
Texas Election Code
~ 273063(a) v
~ 273061 5
sect 174027 6 ~ 161004 6
sect 161009 v6
sect 163007 6
RULES
Texas Rule of Appellate Procedure 523(e) v
SECRETARY OF STATE OPINION
David A Dean opinion letter dated June 24 1982 2
OTHER
Constitution of the State of Texas ARTICLE V v
FOUlieenth Amendment of the United States Constitution 4
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I STATEMENT OF THE CASE
(a) Nature ofthe Case
The Respondent Michael Bertuzzi the Nueces County Republican Chair
has a duty imposed upon him by the Texas Election Code to maintain copies of all
Nueces County precinct minutes for the remainder of the election year
The Texas Election Code states that these records are public information
thus implying a duty upon Respondent to make these records available to Relator
upon request Thus far Michael Bertuzzi has failed andor refused such request
This court is being petitioned to enforce Respondants duty to disclose these
records by a writ of Mandamus
(b) This is an original proceeding to the Supreme Court of Texas
(c) Present Disposition ofdispute Respondent continues his refusal to allow Relator access to these records
(d) Court ofAppeals
None
(e) Parties to this action
Relator Vanessa Cahill
Relators Attorney Bruce C Matzke
Respondent Michael A Bertuzzi Republican Party of Texas 433 Cape Cod 900 Congress Suite 300 Corpus Christi Tx 78412 Austin Tx 78701 361-994-5019 home 512-477-9821 361-883-2600 office
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STATEMENT OF JURISDICTION
The Supreme Court of Texas acquires original jurisdiction of this mandamus
proceedings from
Constitution ofthe State of Texas ARTICLE V Section 3
Texas Election Code section 161009
Texas Election Code section 273063(a)
Texas Rule ofAppellate Procedure 523(e)
This courts opinion in Republican Party of Texas v Dietz 940 S W2d 86
(Tex 1997) listed additional reasons for this Court to accept original jurisdiction
to issue a writ of mandamus on a public officer The reasons given
(1) unique and compelling circumstances
(2) the states highest court should determine issues of statewide
importance involving a statewide political convention
(3) issues that involve Constitutional Rights of the Relator
(4) the case could become moot unless immediate court action was
taken and the quick eruption and short time frame of this
constitutional controversy compelled mandamus review
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--- - - --- - - ----- ----~- ----- ~~-
ISSUE PRESENTED
The Supreme Court of Texas may issue a writ of mandamus to compel
the performance of a duty in connection with an election or a political parf)
convention regardless of whether the person responsible for performing the duty is
a public officer
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IV THE UNDISPUTED STATEMENT OF FACTS
Thefacts stated herein are supported bv the Cfidmit ofthe Relator
ciffidalits ofbusinesses record and party admissions Particular caution
lvas taken to insure the Texas Rules of Evidence were follmted
Therefore in the follmving statement offacts are true and correct as
far as Relators recollection and are SH10rn to by affidavit by Vanessa Cahill
Relator Mrs Vanessa Cahill was a registered voter in Nueces
County Texas eligible to vote in the primary on March 4 2008
Mrs Cahill voted in the morning on the day of the pJimary election
March 4 2008 Relator went to precinct 65s polling place Montclair
Elementary School
While at the polling place she learned that she could become a delegate in
the Nueces County Republican Party and was informed to return to the
precinct convention which was to take place shortly after the polls closed
At 7pm Mrs Cahill went back to attend The meeting was called to order
by the precinct chair Twelve delegates including Mrs Cahill were elected
as delegates to the county convention (EXHIBIT A)
Mrs Cahill was encouraged to get on one of the committees Mrs
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Cahill overheard the precinct chairman say she would be adding additional
names to the delegate list later that evening to fill up the remaining 17
delegate slots
Bng HegtVJ Intrested I h0rng molVVIVnrlerl n middotheII Nu~~e~--UUIlLYr~ ~h llUVllllll Ul 1 --
Republican Party Relator read the Republican Party Rules and the
Republican Party Platform in addition to an election law opinion by David
A Dean former Secretary of State (EXHIBIT B) After reading these rules
Mrs Cahill became concerned about her precinct chairmans comments
On March 6 2008 Mrs Cahill emailed the Nueces County Chairman
Michael Bertuzzi (EXHIBIT C) to express her interest in volunteering at the
headquarters and serving on any of the committees On March 13 2008
Mrs Cahill sent Mr Bertuzzi a second email (EXHIBIT D) stating that she
was interested in serving on a committee In addition Mrs Cahill also
requested a copy of precinct minutes
Relator wanted a list of delegates from precinct 65 so that she could
contact them prior to the county convention It appeared to Mrs Cahill that
her attempts to contact Mr Bertuzzi and become involved in the local party
were being shunned
A few days later Mrs Cahill obtained a copy of precinct minutes for
precincts 175870 and 121 (EXHIBITS EFGH) Mrs Cahill obtained a
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---- - - ---- - ------ --shy
letter sent by Mr William Paul Hunt to Mr Beliuzzi requesting minutes for
all 126 precincts within Nueces County (EXHIBIT I) Mrs Cahill also
received a copy of the response letter Mr Hunt received from Mr Bertuzzi
denying him access to these records (EXHIBIT J) t this juncture it gtvas
Mrs Cahills belief that Mr Bertuzzi was violating the election code or was
not aware of the rules As a result Relator filed a challenge as laid out in the
Rules of the Republican Party (EXHIBIT K)
Upon arrival at the county convention Mrs Cahill noticed that there
were 29 names on the list of delegates for her precinct (EXHIBIT L)
Delegates had been added that were not voted on at precinct 65 s
convention Mrs Cahill voiced a complaint to the registrar At the county
convention Mrs Cahill learned that the same situation had taken place
numerous precincts Numerous unauthorized delegates had been seated and
their votes were included in the election of delegates to the state convention
Mrs Cahill believes the only way to know the number of delegates
who were added to precincts after adjournment of the precinct conventions is
to have full access to all precinct convention minutes within Nueces County
and Mrs Cahill humbly asks the court to grant a writ of mandamus to make
these records accessible
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--- - ~ --- - - ------- ---- -- - - _shy~-
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
~11middotImiddotamiddot~~ ()4 29 7 117 TT C 86 1996 ~~d~ m~rle n~ rlJfe----- t ow ~VJ ~uuu 17 - JjJ1 LJJbull l 11 J ~al II II au IV U 11 lC11lC 11 d
political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
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However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
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---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
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CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
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--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
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~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
~ ~~ ~ ~ lt)
~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
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M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
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gtLL 1--- IPh Citf Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 IBertuzzi Caroline I
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
TO THE HONORABLE SUPREME COURT OF TEXAS
Relator Vanessa Cahill having no adequate remedy other than access to
precinct minutes is respectfully requesting this court to issue a writ of mandamus
upon the respondent Michael Bertuzzi Nueces County Republican Party
Chairman Under the Texas Election Code the county chairman is required to
maintain a copy of all precinct minutes within Nueces County This copy is said to
be public record AILrequests of these were denied by Mr Bertuzzi
The Texas State Republican convention is scheduled to begin on June 12
2008 Just forty two (42) days before the State convention Relator was notified that
she was being denied her credentials as a delegate to the State convention Relator
is convinced that the addition of unelected delegates prevented her from being
elected to the state convention
The Supreme Court of Texas should consider mandamus review in this
matter as provided by the Texas Constitution ARTICLE V SECTION 3 and The
Texas Election Code This case has issues of statewide importance involving a
partys political convention it involved relators 14th amendment rights and given
the limited time frame immediate court action is required
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TABLE OF CONTENTS
IDENTITY OF PARTIES AND COUNSEL i
The Supreme Court of Texas may issue a writ of mandamus to compel the perfonnance of a duty in connection with an election or a political party convention regardless of weather the perSOll responsible for perfonning the duty is a public officer
CERTIFICATE OF COMPLIANCE I0
TABLE OF CONTENTS ii
INDEX OF AUTHORITIES iii
STATEMENT OFTHE CASE iv
STATEMENT OF JURISDICTION v
ISSUE PRESENTED vi
STATEMENT OF FACTS 1
ARGUMENT 4
Importance of Case 4 Jurisdiction to accept Relators Request for Mandamus 5 Public Officer is subject to Mandamus 6
CONCLUSION 7
VERIFICATION 8
CERTIFICATE OF SERVICE 9
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--- - ---~
INDEX OF AUTHORITIES
CASES
Morse v Republican Party oj Virginia 517 US 186 (1996) 4
OBrien v BroHI1 409 US 1 92 SCt 2718 34 LEd2d 1 (1972) 5
Republican Party aTexas v Dietz SW2d 86 (Tex1997) and 924 SW2d 932
(Tex1996) 5
Republican Party aTexas 1 Dietz 940 SW2d 86 (Tex 1997) v
United States v Clasic 313 US2999 4
STATUTES
Texas Election Code
~ 273063(a) v
~ 273061 5
sect 174027 6 ~ 161004 6
sect 161009 v6
sect 163007 6
RULES
Texas Rule of Appellate Procedure 523(e) v
SECRETARY OF STATE OPINION
David A Dean opinion letter dated June 24 1982 2
OTHER
Constitution of the State of Texas ARTICLE V v
FOUlieenth Amendment of the United States Constitution 4
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I STATEMENT OF THE CASE
(a) Nature ofthe Case
The Respondent Michael Bertuzzi the Nueces County Republican Chair
has a duty imposed upon him by the Texas Election Code to maintain copies of all
Nueces County precinct minutes for the remainder of the election year
The Texas Election Code states that these records are public information
thus implying a duty upon Respondent to make these records available to Relator
upon request Thus far Michael Bertuzzi has failed andor refused such request
This court is being petitioned to enforce Respondants duty to disclose these
records by a writ of Mandamus
(b) This is an original proceeding to the Supreme Court of Texas
(c) Present Disposition ofdispute Respondent continues his refusal to allow Relator access to these records
(d) Court ofAppeals
None
(e) Parties to this action
Relator Vanessa Cahill
Relators Attorney Bruce C Matzke
Respondent Michael A Bertuzzi Republican Party of Texas 433 Cape Cod 900 Congress Suite 300 Corpus Christi Tx 78412 Austin Tx 78701 361-994-5019 home 512-477-9821 361-883-2600 office
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STATEMENT OF JURISDICTION
The Supreme Court of Texas acquires original jurisdiction of this mandamus
proceedings from
Constitution ofthe State of Texas ARTICLE V Section 3
Texas Election Code section 161009
Texas Election Code section 273063(a)
Texas Rule ofAppellate Procedure 523(e)
This courts opinion in Republican Party of Texas v Dietz 940 S W2d 86
(Tex 1997) listed additional reasons for this Court to accept original jurisdiction
to issue a writ of mandamus on a public officer The reasons given
(1) unique and compelling circumstances
(2) the states highest court should determine issues of statewide
importance involving a statewide political convention
(3) issues that involve Constitutional Rights of the Relator
(4) the case could become moot unless immediate court action was
taken and the quick eruption and short time frame of this
constitutional controversy compelled mandamus review
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--- - - --- - - ----- ----~- ----- ~~-
ISSUE PRESENTED
The Supreme Court of Texas may issue a writ of mandamus to compel
the performance of a duty in connection with an election or a political parf)
convention regardless of whether the person responsible for performing the duty is
a public officer
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IV THE UNDISPUTED STATEMENT OF FACTS
Thefacts stated herein are supported bv the Cfidmit ofthe Relator
ciffidalits ofbusinesses record and party admissions Particular caution
lvas taken to insure the Texas Rules of Evidence were follmted
Therefore in the follmving statement offacts are true and correct as
far as Relators recollection and are SH10rn to by affidavit by Vanessa Cahill
Relator Mrs Vanessa Cahill was a registered voter in Nueces
County Texas eligible to vote in the primary on March 4 2008
Mrs Cahill voted in the morning on the day of the pJimary election
March 4 2008 Relator went to precinct 65s polling place Montclair
Elementary School
While at the polling place she learned that she could become a delegate in
the Nueces County Republican Party and was informed to return to the
precinct convention which was to take place shortly after the polls closed
At 7pm Mrs Cahill went back to attend The meeting was called to order
by the precinct chair Twelve delegates including Mrs Cahill were elected
as delegates to the county convention (EXHIBIT A)
Mrs Cahill was encouraged to get on one of the committees Mrs
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Cahill overheard the precinct chairman say she would be adding additional
names to the delegate list later that evening to fill up the remaining 17
delegate slots
Bng HegtVJ Intrested I h0rng molVVIVnrlerl n middotheII Nu~~e~--UUIlLYr~ ~h llUVllllll Ul 1 --
Republican Party Relator read the Republican Party Rules and the
Republican Party Platform in addition to an election law opinion by David
A Dean former Secretary of State (EXHIBIT B) After reading these rules
Mrs Cahill became concerned about her precinct chairmans comments
On March 6 2008 Mrs Cahill emailed the Nueces County Chairman
Michael Bertuzzi (EXHIBIT C) to express her interest in volunteering at the
headquarters and serving on any of the committees On March 13 2008
Mrs Cahill sent Mr Bertuzzi a second email (EXHIBIT D) stating that she
was interested in serving on a committee In addition Mrs Cahill also
requested a copy of precinct minutes
Relator wanted a list of delegates from precinct 65 so that she could
contact them prior to the county convention It appeared to Mrs Cahill that
her attempts to contact Mr Bertuzzi and become involved in the local party
were being shunned
A few days later Mrs Cahill obtained a copy of precinct minutes for
precincts 175870 and 121 (EXHIBITS EFGH) Mrs Cahill obtained a
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---- - - ---- - ------ --shy
letter sent by Mr William Paul Hunt to Mr Beliuzzi requesting minutes for
all 126 precincts within Nueces County (EXHIBIT I) Mrs Cahill also
received a copy of the response letter Mr Hunt received from Mr Bertuzzi
denying him access to these records (EXHIBIT J) t this juncture it gtvas
Mrs Cahills belief that Mr Bertuzzi was violating the election code or was
not aware of the rules As a result Relator filed a challenge as laid out in the
Rules of the Republican Party (EXHIBIT K)
Upon arrival at the county convention Mrs Cahill noticed that there
were 29 names on the list of delegates for her precinct (EXHIBIT L)
Delegates had been added that were not voted on at precinct 65 s
convention Mrs Cahill voiced a complaint to the registrar At the county
convention Mrs Cahill learned that the same situation had taken place
numerous precincts Numerous unauthorized delegates had been seated and
their votes were included in the election of delegates to the state convention
Mrs Cahill believes the only way to know the number of delegates
who were added to precincts after adjournment of the precinct conventions is
to have full access to all precinct convention minutes within Nueces County
and Mrs Cahill humbly asks the court to grant a writ of mandamus to make
these records accessible
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--- - ~ --- - - ------- ---- -- - - _shy~-
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
~11middotImiddotamiddot~~ ()4 29 7 117 TT C 86 1996 ~~d~ m~rle n~ rlJfe----- t ow ~VJ ~uuu 17 - JjJ1 LJJbull l 11 J ~al II II au IV U 11 lC11lC 11 d
political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
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However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
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---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
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CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
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--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
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~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
~ ~~ ~ ~ lt)
~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
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M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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1 ~
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SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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First Phone ( rij-)-3 oz 1~ E-Mail
Phone bull ~V I -- Pltfrshy
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
City Zip E-Mail
Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
TABLE OF CONTENTS
IDENTITY OF PARTIES AND COUNSEL i
The Supreme Court of Texas may issue a writ of mandamus to compel the perfonnance of a duty in connection with an election or a political party convention regardless of weather the perSOll responsible for perfonning the duty is a public officer
CERTIFICATE OF COMPLIANCE I0
TABLE OF CONTENTS ii
INDEX OF AUTHORITIES iii
STATEMENT OFTHE CASE iv
STATEMENT OF JURISDICTION v
ISSUE PRESENTED vi
STATEMENT OF FACTS 1
ARGUMENT 4
Importance of Case 4 Jurisdiction to accept Relators Request for Mandamus 5 Public Officer is subject to Mandamus 6
CONCLUSION 7
VERIFICATION 8
CERTIFICATE OF SERVICE 9
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--- - ---~
INDEX OF AUTHORITIES
CASES
Morse v Republican Party oj Virginia 517 US 186 (1996) 4
OBrien v BroHI1 409 US 1 92 SCt 2718 34 LEd2d 1 (1972) 5
Republican Party aTexas v Dietz SW2d 86 (Tex1997) and 924 SW2d 932
(Tex1996) 5
Republican Party aTexas 1 Dietz 940 SW2d 86 (Tex 1997) v
United States v Clasic 313 US2999 4
STATUTES
Texas Election Code
~ 273063(a) v
~ 273061 5
sect 174027 6 ~ 161004 6
sect 161009 v6
sect 163007 6
RULES
Texas Rule of Appellate Procedure 523(e) v
SECRETARY OF STATE OPINION
David A Dean opinion letter dated June 24 1982 2
OTHER
Constitution of the State of Texas ARTICLE V v
FOUlieenth Amendment of the United States Constitution 4
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I STATEMENT OF THE CASE
(a) Nature ofthe Case
The Respondent Michael Bertuzzi the Nueces County Republican Chair
has a duty imposed upon him by the Texas Election Code to maintain copies of all
Nueces County precinct minutes for the remainder of the election year
The Texas Election Code states that these records are public information
thus implying a duty upon Respondent to make these records available to Relator
upon request Thus far Michael Bertuzzi has failed andor refused such request
This court is being petitioned to enforce Respondants duty to disclose these
records by a writ of Mandamus
(b) This is an original proceeding to the Supreme Court of Texas
(c) Present Disposition ofdispute Respondent continues his refusal to allow Relator access to these records
(d) Court ofAppeals
None
(e) Parties to this action
Relator Vanessa Cahill
Relators Attorney Bruce C Matzke
Respondent Michael A Bertuzzi Republican Party of Texas 433 Cape Cod 900 Congress Suite 300 Corpus Christi Tx 78412 Austin Tx 78701 361-994-5019 home 512-477-9821 361-883-2600 office
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STATEMENT OF JURISDICTION
The Supreme Court of Texas acquires original jurisdiction of this mandamus
proceedings from
Constitution ofthe State of Texas ARTICLE V Section 3
Texas Election Code section 161009
Texas Election Code section 273063(a)
Texas Rule ofAppellate Procedure 523(e)
This courts opinion in Republican Party of Texas v Dietz 940 S W2d 86
(Tex 1997) listed additional reasons for this Court to accept original jurisdiction
to issue a writ of mandamus on a public officer The reasons given
(1) unique and compelling circumstances
(2) the states highest court should determine issues of statewide
importance involving a statewide political convention
(3) issues that involve Constitutional Rights of the Relator
(4) the case could become moot unless immediate court action was
taken and the quick eruption and short time frame of this
constitutional controversy compelled mandamus review
-vshy
--- - - --- - - ----- ----~- ----- ~~-
ISSUE PRESENTED
The Supreme Court of Texas may issue a writ of mandamus to compel
the performance of a duty in connection with an election or a political parf)
convention regardless of whether the person responsible for performing the duty is
a public officer
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IV THE UNDISPUTED STATEMENT OF FACTS
Thefacts stated herein are supported bv the Cfidmit ofthe Relator
ciffidalits ofbusinesses record and party admissions Particular caution
lvas taken to insure the Texas Rules of Evidence were follmted
Therefore in the follmving statement offacts are true and correct as
far as Relators recollection and are SH10rn to by affidavit by Vanessa Cahill
Relator Mrs Vanessa Cahill was a registered voter in Nueces
County Texas eligible to vote in the primary on March 4 2008
Mrs Cahill voted in the morning on the day of the pJimary election
March 4 2008 Relator went to precinct 65s polling place Montclair
Elementary School
While at the polling place she learned that she could become a delegate in
the Nueces County Republican Party and was informed to return to the
precinct convention which was to take place shortly after the polls closed
At 7pm Mrs Cahill went back to attend The meeting was called to order
by the precinct chair Twelve delegates including Mrs Cahill were elected
as delegates to the county convention (EXHIBIT A)
Mrs Cahill was encouraged to get on one of the committees Mrs
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Cahill overheard the precinct chairman say she would be adding additional
names to the delegate list later that evening to fill up the remaining 17
delegate slots
Bng HegtVJ Intrested I h0rng molVVIVnrlerl n middotheII Nu~~e~--UUIlLYr~ ~h llUVllllll Ul 1 --
Republican Party Relator read the Republican Party Rules and the
Republican Party Platform in addition to an election law opinion by David
A Dean former Secretary of State (EXHIBIT B) After reading these rules
Mrs Cahill became concerned about her precinct chairmans comments
On March 6 2008 Mrs Cahill emailed the Nueces County Chairman
Michael Bertuzzi (EXHIBIT C) to express her interest in volunteering at the
headquarters and serving on any of the committees On March 13 2008
Mrs Cahill sent Mr Bertuzzi a second email (EXHIBIT D) stating that she
was interested in serving on a committee In addition Mrs Cahill also
requested a copy of precinct minutes
Relator wanted a list of delegates from precinct 65 so that she could
contact them prior to the county convention It appeared to Mrs Cahill that
her attempts to contact Mr Bertuzzi and become involved in the local party
were being shunned
A few days later Mrs Cahill obtained a copy of precinct minutes for
precincts 175870 and 121 (EXHIBITS EFGH) Mrs Cahill obtained a
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---- - - ---- - ------ --shy
letter sent by Mr William Paul Hunt to Mr Beliuzzi requesting minutes for
all 126 precincts within Nueces County (EXHIBIT I) Mrs Cahill also
received a copy of the response letter Mr Hunt received from Mr Bertuzzi
denying him access to these records (EXHIBIT J) t this juncture it gtvas
Mrs Cahills belief that Mr Bertuzzi was violating the election code or was
not aware of the rules As a result Relator filed a challenge as laid out in the
Rules of the Republican Party (EXHIBIT K)
Upon arrival at the county convention Mrs Cahill noticed that there
were 29 names on the list of delegates for her precinct (EXHIBIT L)
Delegates had been added that were not voted on at precinct 65 s
convention Mrs Cahill voiced a complaint to the registrar At the county
convention Mrs Cahill learned that the same situation had taken place
numerous precincts Numerous unauthorized delegates had been seated and
their votes were included in the election of delegates to the state convention
Mrs Cahill believes the only way to know the number of delegates
who were added to precincts after adjournment of the precinct conventions is
to have full access to all precinct convention minutes within Nueces County
and Mrs Cahill humbly asks the court to grant a writ of mandamus to make
these records accessible
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--- - ~ --- - - ------- ---- -- - - _shy~-
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
~11middotImiddotamiddot~~ ()4 29 7 117 TT C 86 1996 ~~d~ m~rle n~ rlJfe----- t ow ~VJ ~uuu 17 - JjJ1 LJJbull l 11 J ~al II II au IV U 11 lC11lC 11 d
political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
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However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
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---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
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CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
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--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
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~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
~ ~~ ~ ~ lt)
~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
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MJ IAdm IPbo Cin Zip E-M81l
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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First Phone ( rij-)-3 oz 1~ E-Mail
Phone bull ~V I -- Pltfrshy
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I I MI~- I Add~ I--==Pho=-ncshy
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Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
City Zip E-Mail
Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
INDEX OF AUTHORITIES
CASES
Morse v Republican Party oj Virginia 517 US 186 (1996) 4
OBrien v BroHI1 409 US 1 92 SCt 2718 34 LEd2d 1 (1972) 5
Republican Party aTexas v Dietz SW2d 86 (Tex1997) and 924 SW2d 932
(Tex1996) 5
Republican Party aTexas 1 Dietz 940 SW2d 86 (Tex 1997) v
United States v Clasic 313 US2999 4
STATUTES
Texas Election Code
~ 273063(a) v
~ 273061 5
sect 174027 6 ~ 161004 6
sect 161009 v6
sect 163007 6
RULES
Texas Rule of Appellate Procedure 523(e) v
SECRETARY OF STATE OPINION
David A Dean opinion letter dated June 24 1982 2
OTHER
Constitution of the State of Texas ARTICLE V v
FOUlieenth Amendment of the United States Constitution 4
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I STATEMENT OF THE CASE
(a) Nature ofthe Case
The Respondent Michael Bertuzzi the Nueces County Republican Chair
has a duty imposed upon him by the Texas Election Code to maintain copies of all
Nueces County precinct minutes for the remainder of the election year
The Texas Election Code states that these records are public information
thus implying a duty upon Respondent to make these records available to Relator
upon request Thus far Michael Bertuzzi has failed andor refused such request
This court is being petitioned to enforce Respondants duty to disclose these
records by a writ of Mandamus
(b) This is an original proceeding to the Supreme Court of Texas
(c) Present Disposition ofdispute Respondent continues his refusal to allow Relator access to these records
(d) Court ofAppeals
None
(e) Parties to this action
Relator Vanessa Cahill
Relators Attorney Bruce C Matzke
Respondent Michael A Bertuzzi Republican Party of Texas 433 Cape Cod 900 Congress Suite 300 Corpus Christi Tx 78412 Austin Tx 78701 361-994-5019 home 512-477-9821 361-883-2600 office
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STATEMENT OF JURISDICTION
The Supreme Court of Texas acquires original jurisdiction of this mandamus
proceedings from
Constitution ofthe State of Texas ARTICLE V Section 3
Texas Election Code section 161009
Texas Election Code section 273063(a)
Texas Rule ofAppellate Procedure 523(e)
This courts opinion in Republican Party of Texas v Dietz 940 S W2d 86
(Tex 1997) listed additional reasons for this Court to accept original jurisdiction
to issue a writ of mandamus on a public officer The reasons given
(1) unique and compelling circumstances
(2) the states highest court should determine issues of statewide
importance involving a statewide political convention
(3) issues that involve Constitutional Rights of the Relator
(4) the case could become moot unless immediate court action was
taken and the quick eruption and short time frame of this
constitutional controversy compelled mandamus review
-vshy
--- - - --- - - ----- ----~- ----- ~~-
ISSUE PRESENTED
The Supreme Court of Texas may issue a writ of mandamus to compel
the performance of a duty in connection with an election or a political parf)
convention regardless of whether the person responsible for performing the duty is
a public officer
-Vlshy
IV THE UNDISPUTED STATEMENT OF FACTS
Thefacts stated herein are supported bv the Cfidmit ofthe Relator
ciffidalits ofbusinesses record and party admissions Particular caution
lvas taken to insure the Texas Rules of Evidence were follmted
Therefore in the follmving statement offacts are true and correct as
far as Relators recollection and are SH10rn to by affidavit by Vanessa Cahill
Relator Mrs Vanessa Cahill was a registered voter in Nueces
County Texas eligible to vote in the primary on March 4 2008
Mrs Cahill voted in the morning on the day of the pJimary election
March 4 2008 Relator went to precinct 65s polling place Montclair
Elementary School
While at the polling place she learned that she could become a delegate in
the Nueces County Republican Party and was informed to return to the
precinct convention which was to take place shortly after the polls closed
At 7pm Mrs Cahill went back to attend The meeting was called to order
by the precinct chair Twelve delegates including Mrs Cahill were elected
as delegates to the county convention (EXHIBIT A)
Mrs Cahill was encouraged to get on one of the committees Mrs
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Cahill overheard the precinct chairman say she would be adding additional
names to the delegate list later that evening to fill up the remaining 17
delegate slots
Bng HegtVJ Intrested I h0rng molVVIVnrlerl n middotheII Nu~~e~--UUIlLYr~ ~h llUVllllll Ul 1 --
Republican Party Relator read the Republican Party Rules and the
Republican Party Platform in addition to an election law opinion by David
A Dean former Secretary of State (EXHIBIT B) After reading these rules
Mrs Cahill became concerned about her precinct chairmans comments
On March 6 2008 Mrs Cahill emailed the Nueces County Chairman
Michael Bertuzzi (EXHIBIT C) to express her interest in volunteering at the
headquarters and serving on any of the committees On March 13 2008
Mrs Cahill sent Mr Bertuzzi a second email (EXHIBIT D) stating that she
was interested in serving on a committee In addition Mrs Cahill also
requested a copy of precinct minutes
Relator wanted a list of delegates from precinct 65 so that she could
contact them prior to the county convention It appeared to Mrs Cahill that
her attempts to contact Mr Bertuzzi and become involved in the local party
were being shunned
A few days later Mrs Cahill obtained a copy of precinct minutes for
precincts 175870 and 121 (EXHIBITS EFGH) Mrs Cahill obtained a
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---- - - ---- - ------ --shy
letter sent by Mr William Paul Hunt to Mr Beliuzzi requesting minutes for
all 126 precincts within Nueces County (EXHIBIT I) Mrs Cahill also
received a copy of the response letter Mr Hunt received from Mr Bertuzzi
denying him access to these records (EXHIBIT J) t this juncture it gtvas
Mrs Cahills belief that Mr Bertuzzi was violating the election code or was
not aware of the rules As a result Relator filed a challenge as laid out in the
Rules of the Republican Party (EXHIBIT K)
Upon arrival at the county convention Mrs Cahill noticed that there
were 29 names on the list of delegates for her precinct (EXHIBIT L)
Delegates had been added that were not voted on at precinct 65 s
convention Mrs Cahill voiced a complaint to the registrar At the county
convention Mrs Cahill learned that the same situation had taken place
numerous precincts Numerous unauthorized delegates had been seated and
their votes were included in the election of delegates to the state convention
Mrs Cahill believes the only way to know the number of delegates
who were added to precincts after adjournment of the precinct conventions is
to have full access to all precinct convention minutes within Nueces County
and Mrs Cahill humbly asks the court to grant a writ of mandamus to make
these records accessible
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--- - ~ --- - - ------- ---- -- - - _shy~-
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
~11middotImiddotamiddot~~ ()4 29 7 117 TT C 86 1996 ~~d~ m~rle n~ rlJfe----- t ow ~VJ ~uuu 17 - JjJ1 LJJbull l 11 J ~al II II au IV U 11 lC11lC 11 d
political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
- 4 shy
However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
- 5 shy
---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
- 6 shy
--- shy ~ ----shy - ~~-~ ~----
CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
- 7 shy
--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
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~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
~ ~~ ~ ~ lt)
~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
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Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
I STATEMENT OF THE CASE
(a) Nature ofthe Case
The Respondent Michael Bertuzzi the Nueces County Republican Chair
has a duty imposed upon him by the Texas Election Code to maintain copies of all
Nueces County precinct minutes for the remainder of the election year
The Texas Election Code states that these records are public information
thus implying a duty upon Respondent to make these records available to Relator
upon request Thus far Michael Bertuzzi has failed andor refused such request
This court is being petitioned to enforce Respondants duty to disclose these
records by a writ of Mandamus
(b) This is an original proceeding to the Supreme Court of Texas
(c) Present Disposition ofdispute Respondent continues his refusal to allow Relator access to these records
(d) Court ofAppeals
None
(e) Parties to this action
Relator Vanessa Cahill
Relators Attorney Bruce C Matzke
Respondent Michael A Bertuzzi Republican Party of Texas 433 Cape Cod 900 Congress Suite 300 Corpus Christi Tx 78412 Austin Tx 78701 361-994-5019 home 512-477-9821 361-883-2600 office
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STATEMENT OF JURISDICTION
The Supreme Court of Texas acquires original jurisdiction of this mandamus
proceedings from
Constitution ofthe State of Texas ARTICLE V Section 3
Texas Election Code section 161009
Texas Election Code section 273063(a)
Texas Rule ofAppellate Procedure 523(e)
This courts opinion in Republican Party of Texas v Dietz 940 S W2d 86
(Tex 1997) listed additional reasons for this Court to accept original jurisdiction
to issue a writ of mandamus on a public officer The reasons given
(1) unique and compelling circumstances
(2) the states highest court should determine issues of statewide
importance involving a statewide political convention
(3) issues that involve Constitutional Rights of the Relator
(4) the case could become moot unless immediate court action was
taken and the quick eruption and short time frame of this
constitutional controversy compelled mandamus review
-vshy
--- - - --- - - ----- ----~- ----- ~~-
ISSUE PRESENTED
The Supreme Court of Texas may issue a writ of mandamus to compel
the performance of a duty in connection with an election or a political parf)
convention regardless of whether the person responsible for performing the duty is
a public officer
-Vlshy
IV THE UNDISPUTED STATEMENT OF FACTS
Thefacts stated herein are supported bv the Cfidmit ofthe Relator
ciffidalits ofbusinesses record and party admissions Particular caution
lvas taken to insure the Texas Rules of Evidence were follmted
Therefore in the follmving statement offacts are true and correct as
far as Relators recollection and are SH10rn to by affidavit by Vanessa Cahill
Relator Mrs Vanessa Cahill was a registered voter in Nueces
County Texas eligible to vote in the primary on March 4 2008
Mrs Cahill voted in the morning on the day of the pJimary election
March 4 2008 Relator went to precinct 65s polling place Montclair
Elementary School
While at the polling place she learned that she could become a delegate in
the Nueces County Republican Party and was informed to return to the
precinct convention which was to take place shortly after the polls closed
At 7pm Mrs Cahill went back to attend The meeting was called to order
by the precinct chair Twelve delegates including Mrs Cahill were elected
as delegates to the county convention (EXHIBIT A)
Mrs Cahill was encouraged to get on one of the committees Mrs
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Cahill overheard the precinct chairman say she would be adding additional
names to the delegate list later that evening to fill up the remaining 17
delegate slots
Bng HegtVJ Intrested I h0rng molVVIVnrlerl n middotheII Nu~~e~--UUIlLYr~ ~h llUVllllll Ul 1 --
Republican Party Relator read the Republican Party Rules and the
Republican Party Platform in addition to an election law opinion by David
A Dean former Secretary of State (EXHIBIT B) After reading these rules
Mrs Cahill became concerned about her precinct chairmans comments
On March 6 2008 Mrs Cahill emailed the Nueces County Chairman
Michael Bertuzzi (EXHIBIT C) to express her interest in volunteering at the
headquarters and serving on any of the committees On March 13 2008
Mrs Cahill sent Mr Bertuzzi a second email (EXHIBIT D) stating that she
was interested in serving on a committee In addition Mrs Cahill also
requested a copy of precinct minutes
Relator wanted a list of delegates from precinct 65 so that she could
contact them prior to the county convention It appeared to Mrs Cahill that
her attempts to contact Mr Bertuzzi and become involved in the local party
were being shunned
A few days later Mrs Cahill obtained a copy of precinct minutes for
precincts 175870 and 121 (EXHIBITS EFGH) Mrs Cahill obtained a
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---- - - ---- - ------ --shy
letter sent by Mr William Paul Hunt to Mr Beliuzzi requesting minutes for
all 126 precincts within Nueces County (EXHIBIT I) Mrs Cahill also
received a copy of the response letter Mr Hunt received from Mr Bertuzzi
denying him access to these records (EXHIBIT J) t this juncture it gtvas
Mrs Cahills belief that Mr Bertuzzi was violating the election code or was
not aware of the rules As a result Relator filed a challenge as laid out in the
Rules of the Republican Party (EXHIBIT K)
Upon arrival at the county convention Mrs Cahill noticed that there
were 29 names on the list of delegates for her precinct (EXHIBIT L)
Delegates had been added that were not voted on at precinct 65 s
convention Mrs Cahill voiced a complaint to the registrar At the county
convention Mrs Cahill learned that the same situation had taken place
numerous precincts Numerous unauthorized delegates had been seated and
their votes were included in the election of delegates to the state convention
Mrs Cahill believes the only way to know the number of delegates
who were added to precincts after adjournment of the precinct conventions is
to have full access to all precinct convention minutes within Nueces County
and Mrs Cahill humbly asks the court to grant a writ of mandamus to make
these records accessible
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--- - ~ --- - - ------- ---- -- - - _shy~-
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
~11middotImiddotamiddot~~ ()4 29 7 117 TT C 86 1996 ~~d~ m~rle n~ rlJfe----- t ow ~VJ ~uuu 17 - JjJ1 LJJbull l 11 J ~al II II au IV U 11 lC11lC 11 d
political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
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However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
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---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
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--- shy ~ ----shy - ~~-~ ~----
CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
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--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
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~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
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~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 IBertuzzi Caroline I
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
STATEMENT OF JURISDICTION
The Supreme Court of Texas acquires original jurisdiction of this mandamus
proceedings from
Constitution ofthe State of Texas ARTICLE V Section 3
Texas Election Code section 161009
Texas Election Code section 273063(a)
Texas Rule ofAppellate Procedure 523(e)
This courts opinion in Republican Party of Texas v Dietz 940 S W2d 86
(Tex 1997) listed additional reasons for this Court to accept original jurisdiction
to issue a writ of mandamus on a public officer The reasons given
(1) unique and compelling circumstances
(2) the states highest court should determine issues of statewide
importance involving a statewide political convention
(3) issues that involve Constitutional Rights of the Relator
(4) the case could become moot unless immediate court action was
taken and the quick eruption and short time frame of this
constitutional controversy compelled mandamus review
-vshy
--- - - --- - - ----- ----~- ----- ~~-
ISSUE PRESENTED
The Supreme Court of Texas may issue a writ of mandamus to compel
the performance of a duty in connection with an election or a political parf)
convention regardless of whether the person responsible for performing the duty is
a public officer
-Vlshy
IV THE UNDISPUTED STATEMENT OF FACTS
Thefacts stated herein are supported bv the Cfidmit ofthe Relator
ciffidalits ofbusinesses record and party admissions Particular caution
lvas taken to insure the Texas Rules of Evidence were follmted
Therefore in the follmving statement offacts are true and correct as
far as Relators recollection and are SH10rn to by affidavit by Vanessa Cahill
Relator Mrs Vanessa Cahill was a registered voter in Nueces
County Texas eligible to vote in the primary on March 4 2008
Mrs Cahill voted in the morning on the day of the pJimary election
March 4 2008 Relator went to precinct 65s polling place Montclair
Elementary School
While at the polling place she learned that she could become a delegate in
the Nueces County Republican Party and was informed to return to the
precinct convention which was to take place shortly after the polls closed
At 7pm Mrs Cahill went back to attend The meeting was called to order
by the precinct chair Twelve delegates including Mrs Cahill were elected
as delegates to the county convention (EXHIBIT A)
Mrs Cahill was encouraged to get on one of the committees Mrs
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Cahill overheard the precinct chairman say she would be adding additional
names to the delegate list later that evening to fill up the remaining 17
delegate slots
Bng HegtVJ Intrested I h0rng molVVIVnrlerl n middotheII Nu~~e~--UUIlLYr~ ~h llUVllllll Ul 1 --
Republican Party Relator read the Republican Party Rules and the
Republican Party Platform in addition to an election law opinion by David
A Dean former Secretary of State (EXHIBIT B) After reading these rules
Mrs Cahill became concerned about her precinct chairmans comments
On March 6 2008 Mrs Cahill emailed the Nueces County Chairman
Michael Bertuzzi (EXHIBIT C) to express her interest in volunteering at the
headquarters and serving on any of the committees On March 13 2008
Mrs Cahill sent Mr Bertuzzi a second email (EXHIBIT D) stating that she
was interested in serving on a committee In addition Mrs Cahill also
requested a copy of precinct minutes
Relator wanted a list of delegates from precinct 65 so that she could
contact them prior to the county convention It appeared to Mrs Cahill that
her attempts to contact Mr Bertuzzi and become involved in the local party
were being shunned
A few days later Mrs Cahill obtained a copy of precinct minutes for
precincts 175870 and 121 (EXHIBITS EFGH) Mrs Cahill obtained a
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---- - - ---- - ------ --shy
letter sent by Mr William Paul Hunt to Mr Beliuzzi requesting minutes for
all 126 precincts within Nueces County (EXHIBIT I) Mrs Cahill also
received a copy of the response letter Mr Hunt received from Mr Bertuzzi
denying him access to these records (EXHIBIT J) t this juncture it gtvas
Mrs Cahills belief that Mr Bertuzzi was violating the election code or was
not aware of the rules As a result Relator filed a challenge as laid out in the
Rules of the Republican Party (EXHIBIT K)
Upon arrival at the county convention Mrs Cahill noticed that there
were 29 names on the list of delegates for her precinct (EXHIBIT L)
Delegates had been added that were not voted on at precinct 65 s
convention Mrs Cahill voiced a complaint to the registrar At the county
convention Mrs Cahill learned that the same situation had taken place
numerous precincts Numerous unauthorized delegates had been seated and
their votes were included in the election of delegates to the state convention
Mrs Cahill believes the only way to know the number of delegates
who were added to precincts after adjournment of the precinct conventions is
to have full access to all precinct convention minutes within Nueces County
and Mrs Cahill humbly asks the court to grant a writ of mandamus to make
these records accessible
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--- - ~ --- - - ------- ---- -- - - _shy~-
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
~11middotImiddotamiddot~~ ()4 29 7 117 TT C 86 1996 ~~d~ m~rle n~ rlJfe----- t ow ~VJ ~uuu 17 - JjJ1 LJJbull l 11 J ~al II II au IV U 11 lC11lC 11 d
political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
- 4 shy
However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
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---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
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--- shy ~ ----shy - ~~-~ ~----
CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
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--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
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CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
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~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
~ ~~ ~ ~ lt)
~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
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The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
ISSUE PRESENTED
The Supreme Court of Texas may issue a writ of mandamus to compel
the performance of a duty in connection with an election or a political parf)
convention regardless of whether the person responsible for performing the duty is
a public officer
-Vlshy
IV THE UNDISPUTED STATEMENT OF FACTS
Thefacts stated herein are supported bv the Cfidmit ofthe Relator
ciffidalits ofbusinesses record and party admissions Particular caution
lvas taken to insure the Texas Rules of Evidence were follmted
Therefore in the follmving statement offacts are true and correct as
far as Relators recollection and are SH10rn to by affidavit by Vanessa Cahill
Relator Mrs Vanessa Cahill was a registered voter in Nueces
County Texas eligible to vote in the primary on March 4 2008
Mrs Cahill voted in the morning on the day of the pJimary election
March 4 2008 Relator went to precinct 65s polling place Montclair
Elementary School
While at the polling place she learned that she could become a delegate in
the Nueces County Republican Party and was informed to return to the
precinct convention which was to take place shortly after the polls closed
At 7pm Mrs Cahill went back to attend The meeting was called to order
by the precinct chair Twelve delegates including Mrs Cahill were elected
as delegates to the county convention (EXHIBIT A)
Mrs Cahill was encouraged to get on one of the committees Mrs
- 1 shy
Cahill overheard the precinct chairman say she would be adding additional
names to the delegate list later that evening to fill up the remaining 17
delegate slots
Bng HegtVJ Intrested I h0rng molVVIVnrlerl n middotheII Nu~~e~--UUIlLYr~ ~h llUVllllll Ul 1 --
Republican Party Relator read the Republican Party Rules and the
Republican Party Platform in addition to an election law opinion by David
A Dean former Secretary of State (EXHIBIT B) After reading these rules
Mrs Cahill became concerned about her precinct chairmans comments
On March 6 2008 Mrs Cahill emailed the Nueces County Chairman
Michael Bertuzzi (EXHIBIT C) to express her interest in volunteering at the
headquarters and serving on any of the committees On March 13 2008
Mrs Cahill sent Mr Bertuzzi a second email (EXHIBIT D) stating that she
was interested in serving on a committee In addition Mrs Cahill also
requested a copy of precinct minutes
Relator wanted a list of delegates from precinct 65 so that she could
contact them prior to the county convention It appeared to Mrs Cahill that
her attempts to contact Mr Bertuzzi and become involved in the local party
were being shunned
A few days later Mrs Cahill obtained a copy of precinct minutes for
precincts 175870 and 121 (EXHIBITS EFGH) Mrs Cahill obtained a
- 2 shy
---- - - ---- - ------ --shy
letter sent by Mr William Paul Hunt to Mr Beliuzzi requesting minutes for
all 126 precincts within Nueces County (EXHIBIT I) Mrs Cahill also
received a copy of the response letter Mr Hunt received from Mr Bertuzzi
denying him access to these records (EXHIBIT J) t this juncture it gtvas
Mrs Cahills belief that Mr Bertuzzi was violating the election code or was
not aware of the rules As a result Relator filed a challenge as laid out in the
Rules of the Republican Party (EXHIBIT K)
Upon arrival at the county convention Mrs Cahill noticed that there
were 29 names on the list of delegates for her precinct (EXHIBIT L)
Delegates had been added that were not voted on at precinct 65 s
convention Mrs Cahill voiced a complaint to the registrar At the county
convention Mrs Cahill learned that the same situation had taken place
numerous precincts Numerous unauthorized delegates had been seated and
their votes were included in the election of delegates to the state convention
Mrs Cahill believes the only way to know the number of delegates
who were added to precincts after adjournment of the precinct conventions is
to have full access to all precinct convention minutes within Nueces County
and Mrs Cahill humbly asks the court to grant a writ of mandamus to make
these records accessible
- 3 shy
--- - ~ --- - - ------- ---- -- - - _shy~-
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
~11middotImiddotamiddot~~ ()4 29 7 117 TT C 86 1996 ~~d~ m~rle n~ rlJfe----- t ow ~VJ ~uuu 17 - JjJ1 LJJbull l 11 J ~al II II au IV U 11 lC11lC 11 d
political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
- 4 shy
However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
- 5 shy
---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
- 6 shy
--- shy ~ ----shy - ~~-~ ~----
CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
- 7 shy
--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
- 8 shy
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
- 9 shy
~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
~ ~~ ~ ~ lt)
~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
1039X)lJZ1~LJst5n jJJl shy CilT Cornt15 Lh6 5~t Zip 16412 [-MailIS) I
~ First l)arrv) 5171 MI 1 Add~ 4632 La kEV iev] - ~-9S5-0923 If1l E lzu~9737b9Z lAst 5th 1~ CillLoroUS Ch r is+( ZIp ~ 8412 E-Mail
First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
f Lim On ZiD E-Mail11
M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
MI IA_ IPh~ Cih~ bull Zip E-II-fail
M~ 1--- 1-City Zip E-Mail
gtLL 1--- IPh Citf Zip E-Mail
gt~ 1-- 1 Poo~ City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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First 111 Address Phone
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First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
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Last
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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f~ i I fljWmP Hunt ~V1 L~Q I I ~) I
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
IV THE UNDISPUTED STATEMENT OF FACTS
Thefacts stated herein are supported bv the Cfidmit ofthe Relator
ciffidalits ofbusinesses record and party admissions Particular caution
lvas taken to insure the Texas Rules of Evidence were follmted
Therefore in the follmving statement offacts are true and correct as
far as Relators recollection and are SH10rn to by affidavit by Vanessa Cahill
Relator Mrs Vanessa Cahill was a registered voter in Nueces
County Texas eligible to vote in the primary on March 4 2008
Mrs Cahill voted in the morning on the day of the pJimary election
March 4 2008 Relator went to precinct 65s polling place Montclair
Elementary School
While at the polling place she learned that she could become a delegate in
the Nueces County Republican Party and was informed to return to the
precinct convention which was to take place shortly after the polls closed
At 7pm Mrs Cahill went back to attend The meeting was called to order
by the precinct chair Twelve delegates including Mrs Cahill were elected
as delegates to the county convention (EXHIBIT A)
Mrs Cahill was encouraged to get on one of the committees Mrs
- 1 shy
Cahill overheard the precinct chairman say she would be adding additional
names to the delegate list later that evening to fill up the remaining 17
delegate slots
Bng HegtVJ Intrested I h0rng molVVIVnrlerl n middotheII Nu~~e~--UUIlLYr~ ~h llUVllllll Ul 1 --
Republican Party Relator read the Republican Party Rules and the
Republican Party Platform in addition to an election law opinion by David
A Dean former Secretary of State (EXHIBIT B) After reading these rules
Mrs Cahill became concerned about her precinct chairmans comments
On March 6 2008 Mrs Cahill emailed the Nueces County Chairman
Michael Bertuzzi (EXHIBIT C) to express her interest in volunteering at the
headquarters and serving on any of the committees On March 13 2008
Mrs Cahill sent Mr Bertuzzi a second email (EXHIBIT D) stating that she
was interested in serving on a committee In addition Mrs Cahill also
requested a copy of precinct minutes
Relator wanted a list of delegates from precinct 65 so that she could
contact them prior to the county convention It appeared to Mrs Cahill that
her attempts to contact Mr Bertuzzi and become involved in the local party
were being shunned
A few days later Mrs Cahill obtained a copy of precinct minutes for
precincts 175870 and 121 (EXHIBITS EFGH) Mrs Cahill obtained a
- 2 shy
---- - - ---- - ------ --shy
letter sent by Mr William Paul Hunt to Mr Beliuzzi requesting minutes for
all 126 precincts within Nueces County (EXHIBIT I) Mrs Cahill also
received a copy of the response letter Mr Hunt received from Mr Bertuzzi
denying him access to these records (EXHIBIT J) t this juncture it gtvas
Mrs Cahills belief that Mr Bertuzzi was violating the election code or was
not aware of the rules As a result Relator filed a challenge as laid out in the
Rules of the Republican Party (EXHIBIT K)
Upon arrival at the county convention Mrs Cahill noticed that there
were 29 names on the list of delegates for her precinct (EXHIBIT L)
Delegates had been added that were not voted on at precinct 65 s
convention Mrs Cahill voiced a complaint to the registrar At the county
convention Mrs Cahill learned that the same situation had taken place
numerous precincts Numerous unauthorized delegates had been seated and
their votes were included in the election of delegates to the state convention
Mrs Cahill believes the only way to know the number of delegates
who were added to precincts after adjournment of the precinct conventions is
to have full access to all precinct convention minutes within Nueces County
and Mrs Cahill humbly asks the court to grant a writ of mandamus to make
these records accessible
- 3 shy
--- - ~ --- - - ------- ---- -- - - _shy~-
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
~11middotImiddotamiddot~~ ()4 29 7 117 TT C 86 1996 ~~d~ m~rle n~ rlJfe----- t ow ~VJ ~uuu 17 - JjJ1 LJJbull l 11 J ~al II II au IV U 11 lC11lC 11 d
political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
- 4 shy
However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
- 5 shy
---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
- 6 shy
--- shy ~ ----shy - ~~-~ ~----
CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
- 7 shy
--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
- 8 shy
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
- 9 shy
~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
~ ~~ ~ ~ lt)
~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
~ Forward
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
1039X)lJZ1~LJst5n jJJl shy CilT Cornt15 Lh6 5~t Zip 16412 [-MailIS) I
~ First l)arrv) 5171 MI 1 Add~ 4632 La kEV iev] - ~-9S5-0923 If1l E lzu~9737b9Z lAst 5th 1~ CillLoroUS Ch r is+( ZIp ~ 8412 E-Mail
First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
f Lim On ZiD E-Mail11
M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
MI IA_ IPh~ Cih~ bull Zip E-II-fail
M~ 1--- 1-City Zip E-Mail
gtLL 1--- IPh Citf Zip E-Mail
gt~ 1-- 1 Poo~ City Zip E-Mail
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11
I I~~ Last
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I IA~ Last
I I IF~t shy Last
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
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A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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First 111 Address Phone
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First MI Address Phone
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iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
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City Zip EmiddotMall
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 iBailes Rebecca _-+--i_--+---shy
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
Cahill overheard the precinct chairman say she would be adding additional
names to the delegate list later that evening to fill up the remaining 17
delegate slots
Bng HegtVJ Intrested I h0rng molVVIVnrlerl n middotheII Nu~~e~--UUIlLYr~ ~h llUVllllll Ul 1 --
Republican Party Relator read the Republican Party Rules and the
Republican Party Platform in addition to an election law opinion by David
A Dean former Secretary of State (EXHIBIT B) After reading these rules
Mrs Cahill became concerned about her precinct chairmans comments
On March 6 2008 Mrs Cahill emailed the Nueces County Chairman
Michael Bertuzzi (EXHIBIT C) to express her interest in volunteering at the
headquarters and serving on any of the committees On March 13 2008
Mrs Cahill sent Mr Bertuzzi a second email (EXHIBIT D) stating that she
was interested in serving on a committee In addition Mrs Cahill also
requested a copy of precinct minutes
Relator wanted a list of delegates from precinct 65 so that she could
contact them prior to the county convention It appeared to Mrs Cahill that
her attempts to contact Mr Bertuzzi and become involved in the local party
were being shunned
A few days later Mrs Cahill obtained a copy of precinct minutes for
precincts 175870 and 121 (EXHIBITS EFGH) Mrs Cahill obtained a
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---- - - ---- - ------ --shy
letter sent by Mr William Paul Hunt to Mr Beliuzzi requesting minutes for
all 126 precincts within Nueces County (EXHIBIT I) Mrs Cahill also
received a copy of the response letter Mr Hunt received from Mr Bertuzzi
denying him access to these records (EXHIBIT J) t this juncture it gtvas
Mrs Cahills belief that Mr Bertuzzi was violating the election code or was
not aware of the rules As a result Relator filed a challenge as laid out in the
Rules of the Republican Party (EXHIBIT K)
Upon arrival at the county convention Mrs Cahill noticed that there
were 29 names on the list of delegates for her precinct (EXHIBIT L)
Delegates had been added that were not voted on at precinct 65 s
convention Mrs Cahill voiced a complaint to the registrar At the county
convention Mrs Cahill learned that the same situation had taken place
numerous precincts Numerous unauthorized delegates had been seated and
their votes were included in the election of delegates to the state convention
Mrs Cahill believes the only way to know the number of delegates
who were added to precincts after adjournment of the precinct conventions is
to have full access to all precinct convention minutes within Nueces County
and Mrs Cahill humbly asks the court to grant a writ of mandamus to make
these records accessible
- 3 shy
--- - ~ --- - - ------- ---- -- - - _shy~-
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
~11middotImiddotamiddot~~ ()4 29 7 117 TT C 86 1996 ~~d~ m~rle n~ rlJfe----- t ow ~VJ ~uuu 17 - JjJ1 LJJbull l 11 J ~al II II au IV U 11 lC11lC 11 d
political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
- 4 shy
However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
- 5 shy
---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
- 6 shy
--- shy ~ ----shy - ~~-~ ~----
CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
- 7 shy
--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
- 8 shy
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
- 9 shy
~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
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~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
~ Forward
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
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M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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First 111 Address Phone
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First MI Address Phone
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iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
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Last
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Address Phone
City Zip EmiddotMall
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Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
dllill (cahiilvanessaC0hotmallcom) Tx Fed of Rorjol1lan (ctgolclltmUl(iltIocorn) middotNallJCli1i Rq)JIJ n i c (oll1mitlee (womenlaquo)gop5enatorscom) Cliff la5Icl (cliffilISy lt~)(11 1() PRC CTS [~iiii
1lIIA (ilfrillila(jjforceS5invcom) Setty an(J AI CerJera (hcercJll Iwslor(pnITfcorn) rilld I (i gt~
)iCCW (ldodgecalallenk12lxusj bobbie anderson (ilnderslaw(tiln corn) Ana Cooper ((jna((lu(LIio Jlld (uJelunClcaolcom)Cilll1ie Adams (cathieadalllslexnceaJ eej et1MJ 11 linnks RepJIJUni llylIIiil
(onferenCt (infoCjopconferencecorn) lebL)Ieuro we~I ((lttwet(iviI 10 ((Il DeltlIlll V(IIO (dhiri rpII ~Ie 0 I ~
I)(olilna Gelaek (workfutureaolcom) Dr Robin rT1stong (roli1rl1i1r(cilwtmailcom) Davie (iLl (dave 1181 S2aolrolll) Doris White ((Jorsjwniteyahoo laquol ielli a ntill1 (juclgienr lej Utltrildlw() cnr i
I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
Vi I Cd1 cali lYlE about this is you would like at 537696j~
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Benul2i Michael A(CORPUS CHRISTI CU 532)
From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
halill 011 fur your patience
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
letter sent by Mr William Paul Hunt to Mr Beliuzzi requesting minutes for
all 126 precincts within Nueces County (EXHIBIT I) Mrs Cahill also
received a copy of the response letter Mr Hunt received from Mr Bertuzzi
denying him access to these records (EXHIBIT J) t this juncture it gtvas
Mrs Cahills belief that Mr Bertuzzi was violating the election code or was
not aware of the rules As a result Relator filed a challenge as laid out in the
Rules of the Republican Party (EXHIBIT K)
Upon arrival at the county convention Mrs Cahill noticed that there
were 29 names on the list of delegates for her precinct (EXHIBIT L)
Delegates had been added that were not voted on at precinct 65 s
convention Mrs Cahill voiced a complaint to the registrar At the county
convention Mrs Cahill learned that the same situation had taken place
numerous precincts Numerous unauthorized delegates had been seated and
their votes were included in the election of delegates to the state convention
Mrs Cahill believes the only way to know the number of delegates
who were added to precincts after adjournment of the precinct conventions is
to have full access to all precinct convention minutes within Nueces County
and Mrs Cahill humbly asks the court to grant a writ of mandamus to make
these records accessible
- 3 shy
--- - ~ --- - - ------- ---- -- - - _shy~-
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
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political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
- 4 shy
However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
- 5 shy
---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
- 6 shy
--- shy ~ ----shy - ~~-~ ~----
CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
- 7 shy
--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
- 8 shy
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
- 9 shy
~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
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OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Committee Information from vanessa cahill ltvanessafratilagmailcomgt hide details Mar 6 Beply
to michaeLbertuzzimlcom date Mar 62008411 PM
subject Committee Information mailed-by gmailcom
Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
1039X)lJZ1~LJst5n jJJl shy CilT Cornt15 Lh6 5~t Zip 16412 [-MailIS) I
~ First l)arrv) 5171 MI 1 Add~ 4632 La kEV iev] - ~-9S5-0923 If1l E lzu~9737b9Z lAst 5th 1~ CillLoroUS Ch r is+( ZIp ~ 8412 E-Mail
First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
f Lim On ZiD E-Mail11
M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
MI IA_ IPh~ Cih~ bull Zip E-II-fail
M~ 1--- 1-City Zip E-Mail
gtLL 1--- IPh Citf Zip E-Mail
gt~ 1-- 1 Poo~ City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
(DY ro3 ofJ1
O~9~~ Y1
MI Phone 1- ff ~-OcJamp g)( ()ft E-Mail
~- ~ST- tzs-MI Phone
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f~ s--- MI Phone ( 1s~o7 3~~ lo~ 03 05 CitAS E-Mail
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Iirst kO~t rJIlJ 3amp( LtfO~
Last Cit -
First Phone ( rij-)-3 oz 1~ E-Mail
Phone bull ~V I -- Pltfrshy
I0 3C(rr11 E-Mail
I I MI~- I Add~ I--==Pho=-ncshy
I I i~a (it Zio _~_ I E-Mail ==I
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City
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Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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Pnxil1ct Z i Pd~~C __~ (1[ _
EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
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I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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to michael_bertuzzimlcom (( ~ vanassafratilagrn)ilcom
cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
1~1i1f~dby gmailcom
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Me 8ertuzzi
I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
VARGUMENT
The importance of this case
Then the United States Supreme Court in Morse v Republican Party
~11middotImiddotamiddot~~ ()4 29 7 117 TT C 86 1996 ~~d~ m~rle n~ rlJfe----- t ow ~VJ ~uuu 17 - JjJ1 LJJbull l 11 J ~al II II au IV U 11 lC11lC 11 d
political paJ1y conducted its nomination of candidates either though a
primary election or by a convention To exclude eligible voters from either
process was in violation of the Fourteenth Amendment to the United States
Constitution The Court stated that there was no distinction between a
primary election and a nominating convention in that they were both
variations of the electoral process
All national elections are further subject to the United States
Constitution and any legislative enactments of the US Congress See
United States v Clasic 313 US2999
Presently the matter before this Court is to allow Relator access to the
list of delegates duly elected at all of the precinct conventions within Nueces
County Texas If names were added to the delegate lists after the close of
the precinct convention this action would be contrary to both the US and
Texas Constitutions the Voters Rights Act passed by Congress and the
Election Laws of the State of Texas
And in particular the Relators right to be treated equal under the
Fourteenth Amendment was violated Relator had followed the Election
Code and Rules of the Republican Party to be a delegate to the Nueces
County Convention Other individuals appear to have been added as
unqualified delegates not having the right to vote on the state delegates
- 4 shy
However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
- 5 shy
---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
- 6 shy
--- shy ~ ----shy - ~~-~ ~----
CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
- 7 shy
--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
- 8 shy
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
- 9 shy
~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
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OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
(DY ro3 ofJ1
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MI Phone 1- ff ~-OcJamp g)( ()ft E-Mail
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First Phone ( rij-)-3 oz 1~ E-Mail
Phone bull ~V I -- Pltfrshy
I0 3C(rr11 E-Mail
I I MI~- I Add~ I--==Pho=-ncshy
I I i~a (it Zio _~_ I E-Mail ==I
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
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Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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r bull I - ~-J -~ bull (p ~ Vi)rELEPHoNE~~7~I~B~ 77~~~~ ~ ) w~ ~ SIGNATURE4i~ lt-ltf (Jtd_JL)t- YI(t AP Please sign and giv~ this receipt bac[~o the Eleoli011 J~dge bull i I t f IfYOlI are the ElectIOn Judge please SIgn and return thIs receipt WIth your election supplies JiJ
(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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EXHIBIT C Senate District -2 2
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
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65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
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65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
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65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
However because these votes were counted as valid Relator lost the
election to be chosen as a State delegate to represent her candidate Truly an
example of being treated unequally under the law as guaranteed under the
Fourteenth Amendment
Jurisdiction to accept Relators Request for mandamus
Title 10 of the Texas Election Code sect 273061 gives the Supreme
Court of Texas jurisdiction to issue a writ of mandamus to compel the
performance of a duty imposed by law in connection with a political party
convention The Election Code further provides that a rule on electoral
affairs is enforceable by writ of mandamus in the same manner as if the rule
were a statute
In Republican Party of Texas v Dietz 940 SW2d 86 (Tex 1997)
and 924 SW2d 932 (Tex1996) This Court gave a number of reasons why
mandamus review was available (l) because of the unique and compelling
circumstances of the case (2) the states highest court should determine
issues of statewide importance involving a statewide political convention
(3) the case involves First Amendment Rights of the Republican Party
(although not reached by the Court) (4) the case could become moot unless
immediate court action was taken and (5) the quick eruption and short time
frame of this constitutional controversy compelled mandamus review
This case was premised upon the considerations of an original
mandamus proceedings filed in the States Supreme Court wherein it issued a
stay OBrien v Brown 409 US 1 92 SCt 271834 LEd2d 1 (1972)
- 5 shy
---shy - ---shy
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
- 6 shy
--- shy ~ ----shy - ~~-~ ~----
CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
- 7 shy
--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
- 8 shy
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
- 9 shy
~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
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~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
~ Forward
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
1039X)lJZ1~LJst5n jJJl shy CilT Cornt15 Lh6 5~t Zip 16412 [-MailIS) I
~ First l)arrv) 5171 MI 1 Add~ 4632 La kEV iev] - ~-9S5-0923 If1l E lzu~9737b9Z lAst 5th 1~ CillLoroUS Ch r is+( ZIp ~ 8412 E-Mail
First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
f Lim On ZiD E-Mail11
M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
MI IA_ IPh~ Cih~ bull Zip E-II-fail
M~ 1--- 1-City Zip E-Mail
gtLL 1--- IPh Citf Zip E-Mail
gt~ 1-- 1 Poo~ City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
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Last
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
~ - - 1 (~ _o _0 CD Q (f)
f~ i I fljWmP Hunt ~V1 L~Q I I ~) I
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eattetr if NUECES COUNTY REPUBLICAN PARTY
Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
Party Officer is subject to mandamus
Section 161009 states The perfonnance of a duty placed by this
code on an officer of a political party is enforceable by writ of mandamus in
the same manner as if the party officer were a public officer Section
163007 also states that these rules are enforceable by writ of mandamus
Section 174027 (d) places a duty upon the county chainnan to
maintain a copy of the list of precinct delegates for the remainder of the
election year Therefore Mr Bertuzzi should have these records easily
accessible Mrs Cahill is asking for this court to grant a writ of mandamus
that would allow her to access these records
Section 161004 states that these documents are public record
Granting relator access to these requested documents will not place any
undue burden on the respondent Pursuant to section 174027 and 161004
allowing access to these documents is the implied duty placed upon Mr
Bertuzzi
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CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
- 7 shy
--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
- 8 shy
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
- 9 shy
~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
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~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
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~ First l)arrv) 5171 MI 1 Add~ 4632 La kEV iev] - ~-9S5-0923 If1l E lzu~9737b9Z lAst 5th 1~ CillLoroUS Ch r is+( ZIp ~ 8412 E-Mail
First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
f Lim On ZiD E-Mail11
M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
MI IA_ IPh~ Cih~ bull Zip E-II-fail
M~ 1--- 1-City Zip E-Mail
gtLL 1--- IPh Citf Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
(DY ro3 ofJ1
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MI Phone 1- ff ~-OcJamp g)( ()ft E-Mail
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Last Cit -
First Phone ( rij-)-3 oz 1~ E-Mail
Phone bull ~V I -- Pltfrshy
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City
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Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
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My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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First MI Address Phone
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Address Phone
City Zip EmiddotMall
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Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
dllill (cahiilvanessaC0hotmallcom) Tx Fed of Rorjol1lan (ctgolclltmUl(iltIocorn) middotNallJCli1i Rq)JIJ n i c (oll1mitlee (womenlaquo)gop5enatorscom) Cliff la5Icl (cliffilISy lt~)(11 1() PRC CTS [~iiii
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(onferenCt (infoCjopconferencecorn) lebL)Ieuro we~I ((lttwet(iviI 10 ((Il DeltlIlll V(IIO (dhiri rpII ~Ie 0 I ~
I)(olilna Gelaek (workfutureaolcom) Dr Robin rT1stong (roli1rl1i1r(cilwtmailcom) Davie (iLl (dave 1181 S2aolrolll) Doris White ((Jorsjwniteyahoo laquol ielli a ntill1 (juclgienr lej Utltrildlw() cnr i
I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
Vi I Cd1 cali lYlE about this is you would like at 537696j~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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Me 8ertuzzi
I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
CONCLUSION
The exhibits attached to this petition provide some evidence that the respondent violated the equal protection clause of the 14th amendment by CAltgttnn noffilal delenatAs ltgtt thAountv nnAntnn ltgtnd lnclurlng thAI~vUll115 UJ v lS t Ul II IlJ vVll V vi ltV J Ul Ul 1 l Ivi
votes By including the votes of the unofficial delegates Mrs Cahill among other properly elected delegates lost the election to become a state delegate
There is a limited amount of time remaining in which reviewing these records may correct this injustice With immediate access to these requested documents relator will have the necessary proof to present her argument to become a state delegate
The requested writ of mandamus will require Mr Bertuzzi chairman of the Nueces County Republican Party to perform no further duty than what is required of him
Relator seeks the following relief
A writ of mandamus compelling the Nueces County Republican Chairman to immediately grant access to precinct convention minutes
Respectfully submitted
~~ State Bar No 13234475 PO Box 2641 Corpus Christi Texas 78403 Tel (361) 888-9255 Fax (361) 888-9288
- 7 shy
--- - --- - ---shy- -~-
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
- 8 shy
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
- 9 shy
~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
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OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
( Newer 29 of 179 Older)
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
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M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
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gtLL 1--- IPh Citf Zip E-Mail
gt~ 1-- 1 Poo~ City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
(DY ro3 ofJ1
O~9~~ Y1
MI Phone 1- ff ~-OcJamp g)( ()ft E-Mail
~- ~ST- tzs-MI Phone
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Last Cit -
First Phone ( rij-)-3 oz 1~ E-Mail
Phone bull ~V I -- Pltfrshy
I0 3C(rr11 E-Mail
I I MI~- I Add~ I--==Pho=-ncshy
I I i~a (it Zio _~_ I E-Mail ==I
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City
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Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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r bull I - ~-J -~ bull (p ~ Vi)rELEPHoNE~~7~I~B~ 77~~~~ ~ ) w~ ~ SIGNATURE4i~ lt-ltf (Jtd_JL)t- YI(t AP Please sign and giv~ this receipt bac[~o the Eleoli011 J~dge bull i I t f IfYOlI are the ElectIOn Judge please SIgn and return thIs receipt WIth your election supplies JiJ
(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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EXHIBIT C Senate District -2 2
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
halill 011 fur your patience
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
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i ML SIGN IN ~5 IFratila P - A~toniO--tiS IGonzalez Nllza
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65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
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65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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65 (Webster IDean I 4tU0 t iJ~
65 jWebster L I 7JJ~1Mary 6~ IWhitt Betty I ~JIr~
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
IN THE SUPREME COURT OF TEXAS
IN RE VANESSA CAHILL
Relator
VERIFlCATION
STATE OF TEXAS sect sect
COUNTY OF NlJECES sect
Before me the undersigned authority on this day personally appeared Vanessa L Cahill and who upon oath stated that he has read the foregoing Original Proceeding for Writ of Mandamus and the factual statements contained therein are to the best of her knowledge true and correct
Vanessa L Cahill
Sworn and subscribed before me on this day of May 2008 to certify which witness my hand and official seal
Notary Public in and for the State of Texas
- 8 shy
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
- 9 shy
~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
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I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
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OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
1039X)lJZ1~LJst5n jJJl shy CilT Cornt15 Lh6 5~t Zip 16412 [-MailIS) I
~ First l)arrv) 5171 MI 1 Add~ 4632 La kEV iev] - ~-9S5-0923 If1l E lzu~9737b9Z lAst 5th 1~ CillLoroUS Ch r is+( ZIp ~ 8412 E-Mail
First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
f Lim On ZiD E-Mail11
M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
MI IA_ IPh~ Cih~ bull Zip E-II-fail
M~ 1--- 1-City Zip E-Mail
gtLL 1--- IPh Citf Zip E-Mail
gt~ 1-- 1 Poo~ City Zip E-Mail
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11
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I IA~ Last
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
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A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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First MI Address Phone
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iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing instrument has been forwarded to the Respondent by certified mail in accordance with the Texas Rules of Appellate Procedure on May 15 2008
Kay Lund Fischer
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~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
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]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Committee Information from vanessa cahill ltvanessafratilagmailcomgt hide details Mar 6 Beply
to michaeLbertuzzimlcom date Mar 62008411 PM
subject Committee Information mailed-by gmailcom
Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
1039X)lJZ1~LJst5n jJJl shy CilT Cornt15 Lh6 5~t Zip 16412 [-MailIS) I
~ First l)arrv) 5171 MI 1 Add~ 4632 La kEV iev] - ~-9S5-0923 If1l E lzu~9737b9Z lAst 5th 1~ CillLoroUS Ch r is+( ZIp ~ 8412 E-Mail
First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
f Lim On ZiD E-Mail11
M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
MI IA_ IPh~ Cih~ bull Zip E-II-fail
M~ 1--- 1-City Zip E-Mail
gtLL 1--- IPh Citf Zip E-Mail
gt~ 1-- 1 Poo~ City Zip E-Mail
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11
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
(DY ro3 ofJ1
O~9~~ Y1
MI Phone 1- ff ~-OcJamp g)( ()ft E-Mail
~- ~ST- tzs-MI Phone
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f~ s--- MI Phone ( 1s~o7 3~~ lo~ 03 05 CitAS E-Mail
~(b f)vcAA DMI Phone ~~r-
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Iirst kO~t rJIlJ 3amp( LtfO~
Last Cit -
First Phone ( rij-)-3 oz 1~ E-Mail
Phone bull ~V I -- Pltfrshy
I0 3C(rr11 E-Mail
I I MI~- I Add~ I--==Pho=-ncshy
I I i~a (it Zio _~_ I E-Mail ==I
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City
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Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
Last HlJl+ct(~ rJ EmiddotMall -( ) Jta(~ 0 4fh6)( llYaJCdlnCity Cr1rN )- 0nr~- ZIJ) 7A4 II
[ltirst Ml Address Phone
Last City Zip EmiddotMall
First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
I IPI IAddno IOM I
Address Phone
City Zip E-Mail
Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
PhoneMI
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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r bull I - ~-J -~ bull (p ~ Vi)rELEPHoNE~~7~I~B~ 77~~~~ ~ ) w~ ~ SIGNATURE4i~ lt-ltf (Jtd_JL)t- YI(t AP Please sign and giv~ this receipt bac[~o the Eleoli011 J~dge bull i I t f IfYOlI are the ElectIOn Judge please SIgn and return thIs receipt WIth your election supplies JiJ
(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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Pnxil1ct Z i Pd~~C __~ (1[ _
EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
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(onferenCt (infoCjopconferencecorn) lebL)Ieuro we~I ((lttwet(iviI 10 ((Il DeltlIlll V(IIO (dhiri rpII ~Ie 0 I ~
I)(olilna Gelaek (workfutureaolcom) Dr Robin rT1stong (roli1rl1i1r(cilwtmailcom) Davie (iLl (dave 1181 S2aolrolll) Doris White ((Jorsjwniteyahoo laquol ielli a ntill1 (juclgienr lej Utltrildlw() cnr i
I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
Vi I Cd1 cali lYlE about this is you would like at 537696j~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 (Anderson Amy B I
65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
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i ML SIGN IN ~5 IFratila P - A~toniO--tiS IGonzalez Nllza
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65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
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65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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RECEiVED APR 042008
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65 (Webster IDean I 4tU0 t iJ~
65 jWebster L I 7JJ~1Mary 6~ IWhitt Betty I ~JIr~
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
~eIT A NUECES COUNTY REPUBLICAN PARTY aD Corpus 4458 South Staples
Christi Texas 78411
(361 ) 994-9317 (361 ) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford---Vice Chairman Aneie Flores- Secretary Bill Payne--Treasurer ~
March 24 2008
Dear Sir or Madam
Please be informed that you have been elected as a delegate to represent your voting precinct at the Nueces County Republican Party Convention (Senate District 20)
The convention is being held at Tuloso-Midway Middle School Auditorium 9768 La Branch (just off Leopard St between Clarkwood Rd and McKinze Rd) Corpus Christi TX 78410 on Saturday March 29
th 2008 The time is 1000 AM
This is a very important election year You are encouraged to participate in this Republican process Please be early so that you can be seated before 1000
Respectfully yours
~~h~ Michael A Bertuzzi County Chairman
Nueces County Republican Party
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
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OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
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MJ IAdm IPbo Cin Zip E-M81l
MI IA_ IPh~ Cih~ bull Zip E-II-fail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
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SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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[ltirst Ml Address Phone
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First 111 Address Phone
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First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
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Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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f~ i I fljWmP Hunt ~V1 L~Q I I ~) I
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eattetr if NUECES COUNTY REPUBLICAN PARTY
Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
Roe Lear 344 Poeniscli
Corpus Cliristi IX 78412
March 20 2008
Vanessa Cahill 6050 Rio Vista Corpus Christi TX 78412
Dear vanessa
Thank you for voting in the Republican primary on March 4 2008 Your participation in t~le election process is very important in how our county and state are represented and governed
The Republican party of Nueces County will hold its County Convention on Saturday March 29 and you have been selected to serve as delegate from precinct 65 The convention will take place at the Tuloso-Midway Middle SChool 9768 La Branch Dr beginning at 10 am (Directions listed below-l
I hope you will be able to attend During the convention you will be able to meet our local Republican candidates for the November election and will help determine what will constitute our partys state platform
If you have any Questions please contact me at 980-9253
Sincerely
I-C LeGk-Roe Lear Precinct 65 C~lairman
DIRECTIONS Take 1-37 (going toward san Antonio) Exit Rand Morganmiddot Rd and go toward Leopard St Take a right on Leopard St then take
fJOT tlo Q
centlt~ o~+-
I~(~ ~~)~lk~~~-~~ -s ~ middot)oR
~ ~~ ~ ~ lt)
~~
OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
~ _ ~ ~ i 1L gt- A S - 1 ~
]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
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~ First l)arrv) 5171 MI 1 Add~ 4632 La kEV iev] - ~-9S5-0923 If1l E lzu~9737b9Z lAst 5th 1~ CillLoroUS Ch r is+( ZIp ~ 8412 E-Mail
First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
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M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
MI IA_ IPh~ Cih~ bull Zip E-II-fail
M~ 1--- 1-City Zip E-Mail
gtLL 1--- IPh Citf Zip E-Mail
gt~ 1-- 1 Poo~ City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
(DY ro3 ofJ1
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MI Phone 1- ff ~-OcJamp g)( ()ft E-Mail
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First Phone ( rij-)-3 oz 1~ E-Mail
Phone bull ~V I -- Pltfrshy
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Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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Address Phone
City Zip EmiddotMall
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Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
i
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Pnxil1ct Z i Pd~~C __~ (1[ _
EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
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(onferenCt (infoCjopconferencecorn) lebL)Ieuro we~I ((lttwet(iviI 10 ((Il DeltlIlll V(IIO (dhiri rpII ~Ie 0 I ~
I)(olilna Gelaek (workfutureaolcom) Dr Robin rT1stong (roli1rl1i1r(cilwtmailcom) Davie (iLl (dave 1181 S2aolrolll) Doris White ((Jorsjwniteyahoo laquol ielli a ntill1 (juclgienr lej Utltrildlw() cnr i
I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
Vi I Cd1 cali lYlE about this is you would like at 537696j~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 IAnderson Shane D I ----- -~_- I
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65 IBertuzzi Caroline I
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
fJOT tlo Q
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OFFiCE OF THE SECRETARY OF 5T ATE
~Xvi[) A DFAN ITE CAfrrOl_ )~ ~ ro ~-~ fgt( G[)~ 261
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]url(~ 74 1982
Mr Edward M Sullivan Chairman COffinlittee on Credentials County Convention Republican Party of Travis County 315 Medical ~ark Tower Austin Texas 78705
Election Law Opinion DAD-31 Re Authority of a Political
Party Convention Credenshytials Committee
Dear Mr Sullivan
This opinion is in response to your letter of May 28 1982
This official election law opinion is rendered by me as chief election officer of the state in accordance with Tex Elcc Code Ann ar~ 103 sUbd 1 (V~r~cn Supp 1982)
Tn your letter you inquired hether a crc~denti-ls conrni ttee of (l pol itical pgtty convcT~Ii(Jn could altor lt1 delegation by adding or deletinq ~ delegate
The Texas Blection Code orovides the sole method by which delegates to the county ~nd state conventions of a-political parties holding primary elections may be selected Tex Elec Code Ann art 1334 (Vernon Supp 1982)
In my opinion the authority of a convention credentials co~~ittee or of any person or persons charged by the party rules with examining the credentials of persons seeking to be seated as delegates extends only to determining whether delegates have been selected in compliance with the Election Code All delegates whose selection complies with the Election Code must be seated and no other persons may be seated as delegates
____- -e~~ ~bull ~Wl -- -middotr ___
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Committee Information from vanessa cahill ltvanessafratilagmailcomgt hide details Mar 6 Beply
to michaeLbertuzzimlcom date Mar 62008411 PM
subject Committee Information mailed-by gmailcom
Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
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M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
Mr Edward M Sullivan Page 2
SUIvl1ARY
Tex Elee Code Ann art 1334 (Vernon Supp 1982) provides the sole method for the selection of delegates to county and state conventions of political parties holding primaries Party conventions must seat delegates whose selection complies with the Texas Election Code and may not seat any other delegates
Sincerely - I ir
7
~ I~(yfh~__
David A Dean Secr~tary of Stdte
Hillis Hhatl2Y Counsel to th0 Secretary of State
Charlc~ C Bailey Special Assistant far Elections
Prepared by Karen Gladney
APPROVED OPINION COMIHTTEE
Karen Gladney Chairman Charles E Evans Horace Jennings III Felix R Sanchez John Ste iner August Toudouze
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Committee Information from vanessa cahill ltvanessafratilagmailcomgt hide details Mar 6 Beply
to michaeLbertuzzimlcom date Mar 62008411 PM
subject Committee Information mailed-by gmailcom
Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
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M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
MI IA_ IPh~ Cih~ bull Zip E-II-fail
M~ 1--- 1-City Zip E-Mail
gtLL 1--- IPh Citf Zip E-Mail
gt~ 1-- 1 Poo~ City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
(DY ro3 ofJ1
O~9~~ Y1
MI Phone 1- ff ~-OcJamp g)( ()ft E-Mail
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Last Cit -
First Phone ( rij-)-3 oz 1~ E-Mail
Phone bull ~V I -- Pltfrshy
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I I MI~- I Add~ I--==Pho=-ncshy
I I i~a (it Zio _~_ I E-Mail ==I
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City
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Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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Address Phone
City Zip EmiddotMall
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Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
i
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Pnxil1ct Z i Pd~~C __~ (1[ _
EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
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(onferenCt (infoCjopconferencecorn) lebL)Ieuro we~I ((lttwet(iviI 10 ((Il DeltlIlll V(IIO (dhiri rpII ~Ie 0 I ~
I)(olilna Gelaek (workfutureaolcom) Dr Robin rT1stong (roli1rl1i1r(cilwtmailcom) Davie (iLl (dave 1181 S2aolrolll) Doris White ((Jorsjwniteyahoo laquol ielli a ntill1 (juclgienr lej Utltrildlw() cnr i
I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
Vi I Cd1 cali lYlE about this is you would like at 537696j~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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RECEiVED APR 042008
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65 (Webster IDean I 4tU0 t iJ~
65 jWebster L I 7JJ~1Mary 6~ IWhitt Betty I ~JIr~
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
Election Law Opinion DAD-31
Request from Edward M Sullivan Austin concerning the
authority of credentials committees of conventions of
political parties holding primary elections
Sm1MhRY
Te Elcc Code Ann art 1334 (Vernon Supp_ 1982) provides
the sale method fer the selection of delegates to county and
state convertions of political parties holdin~primaries
Party conventions must seat delegates whose selection
complies with the Texas Election Code and may not seat any
other delegates
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Committee Information from vanessa cahill ltvanessafratilagmailcomgt hide details Mar 6 Beply
to michaeLbertuzzimlcom date Mar 62008411 PM
subject Committee Information mailed-by gmailcom
Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
~ Forward
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
1039X)lJZ1~LJst5n jJJl shy CilT Cornt15 Lh6 5~t Zip 16412 [-MailIS) I
~ First l)arrv) 5171 MI 1 Add~ 4632 La kEV iev] - ~-9S5-0923 If1l E lzu~9737b9Z lAst 5th 1~ CillLoroUS Ch r is+( ZIp ~ 8412 E-Mail
First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
f Lim On ZiD E-Mail11
M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
i
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EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
~ - - 1 (~ _o _0 CD Q (f)
f~ i I fljWmP Hunt ~V1 L~Q I I ~) I
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eattetr if NUECES COUNTY REPUBLICAN PARTY
Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
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Alex Haupt antoniofratila Robert Lund Benjamin Bernier dmedinaprudent John Falasca Kay Fischer Margaret Fratila Paul Hunt ronpaul-10
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Committee Information from vanessa cahill ltvanessafratilagmailcomgt hide details Mar 6 Beply
to michaeLbertuzzimlcom date Mar 62008411 PM
subject Committee Information mailed-by gmailcom
Mr Bertuzzi
It was pleasant talking with you this afternoon My mother-in-law Margaret Fratila speaks very highly of you and it is good to finally get a chance to meet I hope we will soon be able to put a face to the nameas the saying goes
My husband Antonio and I just moved back to Corpus Christi this past summer Margaret has been encouraging me to become more involved in the Republican Party and what better time to do so than the election season With all of the hype surrounding the Democratic race I think it is important for everyone in our party to get involved so we can retain the White House in November
I am very interested in volunteering my time in any way triat I can I would love to serve on any of the committees as well as attend the meetings of the committees that are already full If at all possible could you send me a list of these committes and the scheduled meeting dates and times In addition could you give me the phone numberslemail addresses of Art Granado and Victor Bird I believe they are heading up the Nominations and Resolutions Committees
Also if my services are also needed at the headquarters feel free to contact me
Thank you for your patience
Sincerely Vanessa 832-816-2944
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w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
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M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
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gtLL 1--- IPh Citf Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
(DY ro3 ofJ1
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MI Phone 1- ff ~-OcJamp g)( ()ft E-Mail
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Last Cit -
First Phone ( rij-)-3 oz 1~ E-Mail
Phone bull ~V I -- Pltfrshy
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I I MI~- I Add~ I--==Pho=-ncshy
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
Last City Zip EmiddotMall
First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
I IPI IAddno IOM I
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City Zip E-Mail
Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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r bull I - ~-J -~ bull (p ~ Vi)rELEPHoNE~~7~I~B~ 77~~~~ ~ ) w~ ~ SIGNATURE4i~ lt-ltf (Jtd_JL)t- YI(t AP Please sign and giv~ this receipt bac[~o the Eleoli011 J~dge bull i I t f IfYOlI are the ElectIOn Judge please SIgn and return thIs receipt WIth your election supplies JiJ
(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
i
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Pnxil1ct Z i Pd~~C __~ (1[ _
EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
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I)(olilna Gelaek (workfutureaolcom) Dr Robin rT1stong (roli1rl1i1r(cilwtmailcom) Davie (iLl (dave 1181 S2aolrolll) Doris White ((Jorsjwniteyahoo laquol ielli a ntill1 (juclgienr lej Utltrildlw() cnr i
I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
Vi I Cd1 cali lYlE about this is you would like at 537696j~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
rage I 01
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Request for Clarification Inbox
w vanessa cahill (Ni jdld Mar 16 Reply
Mr Bertuzzi
I would like to be sure that my recollection of our first telephone conversation is correct(March 6 2008) As per my memory I requested information on the dates 1imes and locations of the Credentials and Nominations Committees for Nueces County You then asked that I send my request in writing which I promptly did via email (March 6 2008) From the email attachment I received from Mike Bergsma (March 132008) I have made the reasonable assumption that you have opened and read my email request for this information
I would also like to clarify the second and last conversation we had over the telephone (March 12 2008) As per my memory you told me that you would not be providing to me the information I was requesting From what I understood your reluctance to provide the requested information to me stemmed from my affiliation with a local meetup group in which a fellow member Chuck Burnett voiced his opinions of local leadership in the Republican Party
I would also like clarification from you on the 14th Rule of the General Rules for All Conventions and Meetings of the Republican Party of Texas which states
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
As a voter in the Republican Primary and a delegate in my precinct I would again like to request the dates times and locations for the following committees
Credentials Resolutions Rules and Nominations
In addition I would also like to request a copy of accurate written records (minutes) from every Precinct in Nueces County Please notify me when these copies have been completed and I will pick them up from the Republican Party Headquarters
Thank you for your time
( Newer 29 of 179 Older)
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httomailcooclecommaillui=1ampik=559db3fdOOampview=cvampsearch=sentampth=119c5ce2 5152008
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
~ d i
~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
1039X)lJZ1~LJst5n jJJl shy CilT Cornt15 Lh6 5~t Zip 16412 [-MailIS) I
~ First l)arrv) 5171 MI 1 Add~ 4632 La kEV iev] - ~-9S5-0923 If1l E lzu~9737b9Z lAst 5th 1~ CillLoroUS Ch r is+( ZIp ~ 8412 E-Mail
First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
(J f (J First 1rL1 Address Pirone-i
f Lim On ZiD E-Mail11
M1 IA~~ Ift~~ Citf Zip EmiddotMlIll
MJ IAdm IPbo Cin Zip E-M81l
MI IA_ IPh~ Cih~ bull Zip E-II-fail
M~ 1--- 1-City Zip E-Mail
gtLL 1--- IPh Citf Zip E-Mail
gt~ 1-- 1 Poo~ City Zip E-Mail
-i UJ f1
11
I I~~ Last
a z X ltI I 1-li
Lasl
I IA~ Last
I I IF~t shy Last
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
j I I
1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
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A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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First 111 Address Phone
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First MI Address Phone
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iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
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Last
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Address Phone
City Zip EmiddotMall
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Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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eattetr if NUECES COUNTY REPUBLICAN PARTY
Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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Request for Clarificati()fI lhoY
flOI1~ IIi lllnesaa C8JhiU Cmiddotllflti1rJil1
to michael_bertuzzimlcom (( ~ vanassafratilagrn)ilcom
cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
err amp Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Darryl Smith who
being by me duly sworn deposed and stated as follows
My name is Darryl Smith I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am chairman of precinct 17 In my capacity as precinct chairman I have access to
and am familiar with the attached pages of accurate written minutes fr~m precinct 17 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not l
(~~ Darryl Smi
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal ~~j)~A A it A
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~fS~~~i LINDA D ZEPEDA f ltJ r~~v Notary Public
~ bull STATE OF TEXAS ~
~~~l My Comm Exp 11262011I LOndo- P~CL~ V V V V
Printed Name
My commission expires 1-clt - c2 D I Notary Public for the State of Texas
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
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0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
Flm 1)~h1e- MI F Plmnc (J
Ad~b~5~ LakevleuJ~
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
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The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
FROM DANE AND EDIE SMITH FAX NO 351 334 1242 ~1ar 07 2008 12 28PM P2
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of electlo precinct number I 7 senate district number ~ tJ congr~S IIssrional d rllcctt l number of county Texas met at JMI+td Ge1-e-Ik __amp~ (location) on J-QQ f (date) to hold a precinct convention
1 Call to Order - I (I bull The convention was called to order by temporary chairman J) G( ( 1--~1 I----Th------------__ at 7 s-Opm
2 Preparation of LIst of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced ~ (numbGJr) qualified participants were present (Rule 21b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Coda and the Republican Party of Texas Rules adopted in accordance with the Election Code Robart Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of
I]~_c~nelti~I1~911Igirttuen9~importantparjy decisions at subsequentcQnven~ions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention woUld be
acceh~~~tIlO~~ tft0ns were nominated as candidates --- shy
The convention elected baf SwtmiddotfI as permanent chairman of the precinct convention The convention elected =na~ 2- SOl r as secretary of the precinct convention Theaermanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
(number) qualified participants were present and that the convention was entitled to elect Ill (number) delegates and 10 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or state Senatorial District ~ovention
After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announcedthat the next order of business would be the adoption of resolutions __L ~ (number) resolutions were proposed debated and separately submrtted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The oormanent chairman then announced that beshe would official I) sign seal and safely deliver in person within three days or by mail within two days a record of the convention as reguiredPy Ryle 22 and the Election Code (1740270) The chairman annoynced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
ZJned~t~pm~_ Jj)~----perm~rmen Permenent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
-i
f1 Precinct fl
0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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First Ed i-~ MI JV1 Address 0 9gt 5~ La kevi t LAJ Pbo~ 30L - 334--lLA-Z- I JD3~3D 2D11 Last Srn ~~~ CitdSXDu5 ChiSt Zip 184-12 E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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1 ~
I
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
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Last
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
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65 (Anderson Amy B I
65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
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65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
-i
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0 EXIDBITB E Senate District 20 0 (l) List of DELEGATES elected to County I Senatorial District Convention (J
(J VOTERCERT PRINT NAME PRINT MAILING ADDRESS (l)
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Page of ___
CONTACT INFO~1ATION
1-1 -334--124-2shy
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1 ~
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SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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EXHIBIT C Senate District -2 2
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
halill 011 fur your patience
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
SQT FCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECESCOUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Kay Lund who being
by me duly sworn deposed and stated as follows
My name is Kay Lund I am of sound mind capable of making this affidavit and
personally acquainted with the facts stated herein
I am a Precinct Judge of precinct 58 In my capacity as precinct judge I have access
to and am familiar with the attached pages of accurate written minutes~from precinct 58 Such
records were made at the precinct convention held on March 4 2008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
~lffmiddotLnL KayLu
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal )dQampyM-u J11du~ Signature
dele Jampylt-pound 71LeAJ Printed Name
My commission expires 1 -J-d~tcf Notary Public for the State of Texas
VICKIE JOY VAN MAREN Notary Public
STATE OF TEXAS My Comm Exp 10-05-2008
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
Last HlJl+ct(~ rJ EmiddotMall -( ) Jta(~ 0 4fh6)( llYaJCdlnCity Cr1rN )- 0nr~- ZIJ) 7A4 II
[ltirst Ml Address Phone
Last City Zip EmiddotMall
First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
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Last
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Address Phone
City Zip E-Mail
Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
i
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List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
halill 011 fur your patience
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
CJ3 ed v~ ters a election precinct nymber 5~g senate district numt er congressional district LJmber of ~ county Texas met at -nK~ ~4A-ltj (Jccion) C1 __trh-ltl lcJV L- oog (date) to hold a precinct convent xf
- CI to Order _-~ J r(3-1e ionver-tion as called to order by temporary chairman _dM~1 at ~-pm
P~pararon 0 List of Participants ( -le mpoary cr airmin prepared a list of all qualified members present he Ijst was shown to those present and is cc1a led te these minutes as Exhibit A Only registered voters of this precinctNho voted in the Republican Primary either p~son v by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced _ (numJer) qualified participants were present (Rule 21 b)
--1E campcary at airn13n announced the convention would be conducted in accordance with the Texas Election Code and Ie -=epubican P3rty of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current dit en neNly re ised would govern parliamentary procedure The temporary chairman then explained how the actions of lis mvention auld influence important party decisions at subsequent convlntions
-hE~onvention Elected as permanent chairman of the precinct convention
-~ Election of DI~legates and Alternates to the County or State Senatorial DistrictConvention -Ifter explaining 1he method by which delegates and alternates would be elected nominations were made Delegates and Itulates were idected The delegates are listed in Exhibit B and the alternats are listed in Exhibit C
5 tesolutions The gtermanent chairr1an announced that the next order of business would bn the adoption of resolutions _ nL~7ber) resolutions Nere proposed debated and separately submitted to the convention for approval The resolutions
sdopted b a mcjority vote are included with these minutes
5 Other Business Ths permanent chairman then asked if there was any other business that shculd properly come before the convention
7 Announcemfnts Th permanent hairman announced that in accordance with Rule 22 a sign~d copy of the written record of the or-fention woulj be available for copying by any participant for a 30-minute Jeriod immediately following adjournment mJ that the record included a list of the delegates and alternates elected to tle county or senatorial district convention
The permanent ~hairman then announced that heshe would officially sign stal and safely deliver in person within three days or by mail Nithin two days a record of the convention as required by R Jle 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district cgtnvention
8 Adjournmen t In accordance vli~ha)motion properly moved and seconded and adopted by a majority vote the precinct convention was
ad~ed at iq pm I J fit~ -- ~-ed lZi Aft-t=
ermanent hairman ~ Secretary
Return to y)ur county chairman The permanent chairman should also IOpy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
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NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
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A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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First 111 Address Phone
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First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
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City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
halill 011 fur your patience
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
INSTRUCTIONS FOR THE PRECINCT CONVENTIONS
TIMEPLACE Precinct conventions must be held on the same day as the Republican Primary Election and must be at the pre(inct voting location unless physical conditions prevent the number of participants from gathering there The specific time to convene is set by the county party executive committee and must begin between 700 pm and 900 pm Notice of the convention must be posted at the voting location
CALL TO ORDER BY THE TEMPORARY CHAIRMAN The convention is called to order by the incumbent precinct chairman If the precinct chairman is not present at the time to convene any voter who participated in that precincts primary may act as temporary precinct convention chairman and call the convention to order If people are still in line to vote the temporary chairman should call a recess to allow time for them to finish voting and participate in the convention
QUORUM There is no minimum number of participants required to hold a precinct convention If only one person attends that person fills out the minutes form and may elect delegates to the countysenatorial convention
BASIC RULES OF PROCEDURE The convention must be conducted in compliance with the Texas Election Code the Rules of the Republican Party of Texas and Roberts Rules of Order Questions regarding optional procedures are to be decided by general consent or by majority vote of those present For a copy of the RPT Rules and RPT Platform please visit wwwtexasgoporg and click on the GOP Resources link
PREPARATION OF LIST OF QUALlFIED PARTICIPANTS Attendees must have voted in that precincts primary election to be eligible to participate There is no deadline for appearing at the convention and no quorum is required To establish eligibility names of convention attendees should be compared to the list of registered voters which was checked off during the day as voters were accepted to vote
ELECTION OF PERMANENT OFFICERS After preparing a list of qualified participants the convention must elect a permanent convention chairman This person is the chairman of the precinct convention only and does not become the precinct chairman Voters at the polls elect a precinct chairman The permanent precinct convention chairman is elected by majority vote of those attending the precinct convention
Once the permanent convention chairman is elected heshe takes the chair and oversees the election of the permanent secretary If necessary the chairman and the secretary may be the same person
ANNOUNCEMENTOF COUNTYSENATORIAJ-PI~TRICT COflVENTION The convention will convene on Saturday March 29 th at IcY0cJ ~~ (time) in q76R kAfr-I4[~ (location) Announcement of committee meetings time ~nd location should be stated if known
ELECTION OF DELEGATES AND ALTERNATES and CERTIFICATION OF ELIGIBILITY State that the precinct convention is to elect delegates and alternates to the countysenatorial district convention Any participant may place a name in nomination The convention first elects delegates and then alternates both by majority vote The precinct convention secretary must certify to the convention that all elected delegates and alternates are qualified by virtue of having voted in the Republican primary election in that precinct
Attendance at the precinct convention is not required in order to be elected to the countysenatorial district convention However the final list of deleqates and alternates must be approved at the precinct convention No additional names may be added once the precinct convention adjourns
CONSIDERATION OF RESOLUTIONS Resolutions mayor may not be presented The chair may require that resolutions of more than a few words be placed in writing A resolution must be moved and seconded it is debatable and amendable and it must receive a majority vote for adoption Resolutions which are adopted should be written and included with the submission of the precinct convention minutes
FOLLOW-UP Records must be available for 30 minutes after adjournment for participants or media Use this time to finalize paperwork Delegates and alternates elected to the countysenatorial district convention who are not in attendance at the precinct convention need to be notified as soon as possible A notice and agenda of the countysenatorial district convention should be sent to every delegate and alternate The Texas Election Code requires that the originals of all convention documents be delivered to the County Chairman within three days or mailed within two days
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACT INFORMATION
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
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My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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First 111 Address Phone
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First MI Address Phone
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iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
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City Zip EmiddotMall
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
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VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
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My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
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65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
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65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
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65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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65 (Webster IDean I 4tU0 t iJ~
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
Precinct GV gtPage I of -----L EXHIBIT A
Senate District __ List of qualified voters who ATTENDED precinct convention
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
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A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
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Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
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Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
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exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
~I
~ ~ ol-
~ l9~~ ~ t- i ~7r1
NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
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[ltirst Ml Address Phone
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
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Address Phone
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Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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r bull I - ~-J -~ bull (p ~ Vi)rELEPHoNE~~7~I~B~ 77~~~~ ~ ) w~ ~ SIGNATURE4i~ lt-ltf (Jtd_JL)t- YI(t AP Please sign and giv~ this receipt bac[~o the Eleoli011 J~dge bull i I t f IfYOlI are the ElectIOn Judge please SIgn and return thIs receipt WIth your election supplies JiJ
(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
i
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Pnxil1ct Z i Pd~~C __~ (1[ _
EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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f~ i I fljWmP Hunt ~V1 L~Q I I ~) I
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eattetr if NUECES COUNTY REPUBLICAN PARTY
Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
dllill (cahiilvanessaC0hotmallcom) Tx Fed of Rorjol1lan (ctgolclltmUl(iltIocorn) middotNallJCli1i Rq)JIJ n i c (oll1mitlee (womenlaquo)gop5enatorscom) Cliff la5Icl (cliffilISy lt~)(11 1() PRC CTS [~iiii
1lIIA (ilfrillila(jjforceS5invcom) Setty an(J AI CerJera (hcercJll Iwslor(pnITfcorn) rilld I (i gt~
)iCCW (ldodgecalallenk12lxusj bobbie anderson (ilnderslaw(tiln corn) Ana Cooper ((jna((lu(LIio Jlld (uJelunClcaolcom)Cilll1ie Adams (cathieadalllslexnceaJ eej et1MJ 11 linnks RepJIJUni llylIIiil
(onferenCt (infoCjopconferencecorn) lebL)Ieuro we~I ((lttwet(iviI 10 ((Il DeltlIlll V(IIO (dhiri rpII ~Ie 0 I ~
I)(olilna Gelaek (workfutureaolcom) Dr Robin rT1stong (roli1rl1i1r(cilwtmailcom) Davie (iLl (dave 1181 S2aolrolll) Doris White ((Jorsjwniteyahoo laquol ielli a ntill1 (juclgienr lej Utltrildlw() cnr i
I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
li~ i 1 ( ( t (1 1 ) 1 KI ) ( ltIi k f ~l rmiddot~ Et-H ~
I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
Vi I Cd1 cali lYlE about this is you would like at 537696j~
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Benul2i Michael A(CORPUS CHRISTI CU 532)
From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
halill 011 fur your patience
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
exttIIMT (i Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Maria Angela
Hultgren who being by me duly sworn deposed and stated as follows
My name is Maria Angela Hultgren I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am Chairman of precinct 70 In my capacity as precinct chainnan I have access
to and am familiar with the attached pages ofaccurate written minutesTrom precinct 70 Such
records were made at the precinct convention held on March 42008 The records attached
hereto are an exact duplicate of the original
Further affiant sayeth not
ricCd I i c itL C I Maria Angela Hultgren U
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal c j~
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NORMA J ALANIZ NOlOIV PtlllC Stote 01 Texas
My CQrnmIssIon EJPlres JoNJOIV 1S 200Q
L I[UL ~
A)J Z-IJ) 1 f I-iet~ j Printed Name
My commission expires SKYP) -IS J 1 () V 9 Notary Public for the State of texas
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
Last HlJl+ct(~ rJ EmiddotMall -( ) Jta(~ 0 4fh6)( llYaJCdlnCity Cr1rN )- 0nr~- ZIJ) 7A4 II
[ltirst Ml Address Phone
Last City Zip EmiddotMall
First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
First MI
Last
I IPI IAddno IOM I
Address Phone
City Zip E-Mail
Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
PhoneMI
PRINT NAME
Last
First114Qt173C13
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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r bull I - ~-J -~ bull (p ~ Vi)rELEPHoNE~~7~I~B~ 77~~~~ ~ ) w~ ~ SIGNATURE4i~ lt-ltf (Jtd_JL)t- YI(t AP Please sign and giv~ this receipt bac[~o the Eleoli011 J~dge bull i I t f IfYOlI are the ElectIOn Judge please SIgn and return thIs receipt WIth your election supplies JiJ
(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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Pnxil1ct Z i Pd~~C __~ (1[ _
EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
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I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Qualified voters of election precinct number1-0 senate district number 20 congressional distri~t number 23 of N QC~v county Texas met at III I050-midu1ClI mlckH e ~bo) (location) on 3 Lf I 2ClOB (date) to hold a precinct convention -
1 Call to Order The convention was called to order by temporary chairman (a(j 6 Amiddot kh )l+Qre () at 757pm
2 Preparation of List of Participants The temporary chairman prepared a list of all qualified members present The list was shown to those present and is attached to these minutes as Exhibit A Only registered voters of this precinct who voted in the Republican Primary either in pejson or by mailed ballot are eligiblre to participate in tliis convention (Rule 20) The temporary chair announced _-=L=-_ (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions of this convention would influence important party decisions at subsequent conventions
3 Election of Permanent Officers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The follpwing persons were nominated as candidates rYlofiiA Anet( til) L~~Cf--J---- ~ _
The convention elected as permanent chairman of the precinct convention The convention elected as secretary of the precinct convention Thepermanent chairman and secretary assumed I ership of the convention The permanent chairman announced that ---=J--_ (number) qualified participants were present and that the convention was entitled to elect q (number) delegates and 9 (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explaining the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit B and the alternates are listed in Exhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions --=2=- _ (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027cl The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance with a motion properly moved and seconded and adopted by a majority vote the precinct convention was
adjourned at 8 pm f bull
_- 1 J 11 r A ~ is -shy -
~a ~( ~LL -lmiddot~Permanent Chairman Permanent Secretary
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
1J4qampz~qD First n1nr i( Ml n Address J)()I alUT~~~l 0bull Phone (3(nl crPD - =-J-1(0(
Last HlJl+ct(~ rJ EmiddotMall -( ) Jta(~ 0 4fh6)( llYaJCdlnCity Cr1rN )- 0nr~- ZIJ) 7A4 II
[ltirst Ml Address Phone
Last City Zip EmiddotMall
First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
iFirst Ml Address Phone I Last Cltv ZIJ) E-MailI I I z I First MI
Last
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Last
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Address Phone
City Zip E-Mail
Address Phone
City Zip EmiddotMall
I -_ City Zip EmiddotMallI I J First MI Address Phone
Last City Zip E-Mail
I I MI I Address I00 I Last City Zip -=E=-MaIIc-shy _
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
PhoneMI
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Last I City Zln I E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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r bull I - ~-J -~ bull (p ~ Vi)rELEPHoNE~~7~I~B~ 77~~~~ ~ ) w~ ~ SIGNATURE4i~ lt-ltf (Jtd_JL)t- YI(t AP Please sign and giv~ this receipt bac[~o the Eleoli011 J~dge bull i I t f IfYOlI are the ElectIOn Judge please SIgn and return thIs receipt WIth your election supplies JiJ
(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
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SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
Precinct 1Q Page I of 3 Senate District 2Q EXHIBIT A
List of qualified voters who ATTENDED precinct convention
VOTERCERT PRINT NAME PRINT MAILING ADDRESS CONTACTINFO~TION
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First 111 Address Phone
Last City ZIn E-Mail
First MI Address Phone
Last Cltv Zip E-Mail
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Last
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Last
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Address Phone
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Address Phone
City Zip EmiddotMall
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Last City Zip E-Mail
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
I
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
PhoneMI
PRINT NAME
Last
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
i
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Pnxil1ct Z i Pd~~C __~ (1[ _
EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
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I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
Vi I Cd1 cali lYlE about this is you would like at 537696j~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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65 (Webster IDean I 4tU0 t iJ~
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
Precinct 10 middotPage L of ~ EXHIBITB
Senate District 2D List of DELEGATES elected to County Senatorial District COllvention
VOTERCERT PRINT MAILING ADDRESS
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PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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r bull I - ~-J -~ bull (p ~ Vi)rELEPHoNE~~7~I~B~ 77~~~~ ~ ) w~ ~ SIGNATURE4i~ lt-ltf (Jtd_JL)t- YI(t AP Please sign and giv~ this receipt bac[~o the Eleoli011 J~dge bull i I t f IfYOlI are the ElectIOn Judge please SIgn and return thIs receipt WIth your election supplies JiJ
(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
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My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
[i 11~ ~j g ~ m ~ ~2 gja 0 ~ ~ ~ sect ~ b h~ u - j5
Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
March 4th 2008
r acknowledge that I am a registered voter living in Nucces County Precinct 7 J _ and that I have voted in the March 4th
2008 Republican Primary Election
Furthermore 1acknowledge receipt of (A) Precinct Convention Kit for Precinct ~7 C~~ (B)Votcr Registration Book for Precinct -1 c)_
I am aware that I must return this kit and registration book to the Republican Pat1y Chairman Mike Be~rtzr-i 4458 So St~ples Corpus Christi TX 784 J 1 as per instructions within the Convention Kit (the deadlinetc)r retu ni9g is 500PM Fnday Marcb7th 2008) J c~I
PRINTED NAMEJ~1a(a Itmiddot I-lv i-M (e (L C-J~~Jj )) V( ~ L )
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(JtVtA N 1
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
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Pnxil1ct Z i Pd~~C __~ (1[ _
EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
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I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
exalr HCause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS sect
VS sect 201 W 14TH STREET RM 104 sect
NUECES COUNTY sect AUSTIN TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the undersigned authority on this day personally appeared Benjamin Bernier who
being by me duly sworri deposed and stated as follows
My name is Benjamin Bernier I am of sound mind capable of making this
affidavit and personally acquainted with the facts stated herein
I am a duly elected delegate of precinct 121 In my capacity as precinct delegate I
have access to and am familiar with the attached pages of accurate wri~en minutes from
precinct 121 Such records were made at the precinct convention held on March 42008 The
records attached hereto are an exact duplicate of the original
Further affiant sayeth not
J
()i~middot6g~ 7 BenJa n BernIer
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal C_ -
~~~t~~I~~~~ NORMA J ALANIZ ~~o~~ ~Notary PIdc Stole 01 relICsiJ~)j My Commission fJlllJes ~~~ bullbull O January 15 2009-~~1 ~~~llJt J- HC rtll 2
Printed Narne
My commission expires 04-70 I r2l)OCjI
Notary Public for the State of Texas
i
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Pnxil1ct Z i Pd~~C __~ (1[ _
EXHIBIT C Senate District -2 2
List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Sincere~IY~~ ~)~~ I UU~ ~ t~-J l~ ~ ~g ~2middot ~ 5 4J i P~ 1 ~ ~- ~ n S $3~~ 2amp~ 1 I ro 0 CD 00 m t~
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eattetr if NUECES COUNTY REPUBLICAN PARTY
Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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i 11f leadirgtip herl iJre m~lndst F~SGi$t nd wwnoflgeuror~-i Strong words Yes But sajlv true If yJJ wllnt to return tl1e 10(11 GOP to Itl~i capltZlII~t cQnslarvative (OI1lt[utlonal IiTLtltI gclv~rlill1t~rt riJO~~i g(~l ready for a long and mlmiddotty blltlmiddot t CI~N be llOI~ FSIlr t wont be easy or 5hOt
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flOI1~ IIi lllnesaa C8JhiU Cmiddotllflti1rJil1
to michael_bertuzzimlcom (( ~ vanassafratilagrn)ilcom
cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
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65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
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65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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65 (Webster IDean I 4tU0 t iJ~
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
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List of ALTERNATES elected to County Senatorial Ditrict COllcntiol1
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PROVIDED BY THE REPlBLlCA PARTY OF TEXAS
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
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erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
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65 (Anderson Amy B I
65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
MINUTES OF THE REPUBLICAN PARTY PRECINCT CONVENTION
Oualified voters of election precinct number ~~ senate district number ---------__ number ___ of~_ county Texas met at shy bull ifocation) on (date) to hold a precinct convention
congressional district
1 Call to Order Tr1e convention was called to order by temporalV chairman Z-- at plil
2 Preparation of List of Participants The temporary churnwn prepared a list of al qualified members present The list was shown to those presetl and IS
attClched to these minutes as Exhibit A Only registered voters of this precinct WilD voted III tile Republican Primary either in person or by mailed ballot are eligible to participate in this convention (Rule 20) The temporary chair announced
- (number) qualified participants were present (Rule 21 b)
The temporary chairman announced the convention would be conducted in accordance with the Texas Election Code and the Republican Party of Texas Rules adopted in accordance with the Election Code Robert Rules of Order current edition newly revised would govern parliamentary procedure The temporary chairman then explained how the actions ot this convention would II1fluence Important party decisions at subsequent conventions
3 Election of Permanent Offimiddotcers The temporary chairman announced that nominations for permanent chairman of this precinct convention would be accepted The foilowll1g persons were nominated as candidates _77Ay~~12 ~_- ~~Zlt ---- rA_~~L~ __~_
The convention elected ~~ pound~ 1 ~-F ~L_ as permanent chairman of the precllct convention u
The convention elected- _)-r i ~j~ as secretary of the precllct convention The permanent chairman and secretary assumed leadership of the convention The permanent chairman announced that
4 (number) qualified participants were present and that the convention was entitled to elect ~ (number) delegates and [gt (number) alternates to represent the precinct at the county or senatorial district convention
4 Election of Delegates and Alternates to the County or State Senatorial District Convention After explalling the method by which delegates and alternates would be elected nominations were made Delegates and alternates were elected The delegates are listed in Exhibit 8 and the alternates are listed in EXhibit C
5 Resolutions The permanent chairman announced that the next order of business would be the adoption of resolutions (number) resolutions were proposed debated and separately submitted to the convention for approval The resolutions adopted by a majority vote are included with these minutes
6 Other Business The permanent chairman then asked if there was any other business that should properly come before the convention
7 Announcements The permanent chairman announced that in accordance with Rule 22 a signed copy of the written record of the convention would be available for copying by any participant for a 30-minute period immediately following adjournment and that the record included a list of the delegates and alternates elected to the county or senatorial district convention
The permanent chairman then announced that heshe would officially sign seal and safely deliver in person within three days or by mail within two days a record of the convention as required by Rule 22 and the Election Code (174027c) The chairman announced the time and place for the county or senatorial district convention
8 Adjournment In accordance Ifth a motion properly moved and seconded and adoPt~Jfa majority vote the precinct convention was adjo)Jfned at rt Db pm -1
I l Pc U~
erm nent hairman~ ----- Perman nt SeCretary shy
Return to your county chairman The permanent chairman should also copy and retain a record of all documents
PROVIDED BY THE REPUBLICAN PARTY OF TEXAS
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
halill 011 fur your patience
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
etttIeaTX Cause No
VANESSA L CAHILL sect SUPREME COURT OF TEXAS
VS sect sect 201 W 14TH STREET lUll 104 sect
NUECES C01J~TY sect AUSTll~ TEXAS REPUBLICAN PARTY sect
sect REPUBLICAN PARTY OF TEXAS sect
BUSINESS RECORDS AFFIDAVIT
Before me the imdersigned authority on this day personally appeared William Paul
Hunt who after being duly sworn upon his oath stated that he is a duly elected delegate of
precinct 79 in the above-captioned cause that he has read the foregoing document and that
every statement contained therein is true and correct within his personal knowledge
~~ William Paul un
SUBSCRIBED AND SWORN TO before me on this May 6 2008 to which I place my
signature and official seal
~~Jk~=--------My commission expires tmiddotO ~ 0008
Notary Public for the State of Texas
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
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from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
April 26 2008
Wm Paul Hunt 137 Tropical Lane Corpus Christi TX 78408
Via US Mail CERTIFIED RETURN RECEIPT 70062760000405214509
Mr Michael Bertuzzi County Chairman Nueces County Republican Party 4458 South Staples Corpus Christi TX 78411
Re Minutes of2oo8 Nueces County Republican Party Precinct Convention Meetings
Dear Mr Bertuzzi
Please consider this letter as my formal request for copies ofthe minutes of all of the Nueces County Republican Party Precinct Convention meetings held March 4 2008 I do not need copies ofthe resolutions however I do need the follOwing
Minutes ofthe Republican Party Precinct Convention (for each precinct) ExhibitA List ofqualified voters who ATTENDED precinct convention Exhibit B List ofDELEGATES elected to County Convention
Exlnoit C List ofALTERNATES elected to County Convention I will biing my copier and paper and furnish all labor Wednesday April 30 2008 or Thursday May 12008 are best for me Please indicate your preference by calling me at 361-779-4811
7006 2760 0004 0521 4509 Thank you for your cooperation () ~ td gl ma n
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Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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Benul2i Michael A(CORPUS CHRISTI CU 532)
From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
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~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
eattetr if NUECES COUNTY REPUBLICAN PARTY
Corpus 4458 South Staples Christi Texas 78411
(361 ) 994-9317 (361) 994-9343 FAX E-Mail ncrpcctxgrandecomnet
Mike Bertuzzi-ehairman Rebecca Bradford-Vice Chairman Aneie Flores- Secretary Bill Payne-Treasurer ~bull
April 29 2008
- middotf)ear Mr Jiunt
The Nueces County Republican Party is not required to make the records that you are requesting available to the public Your request is denied
Respectfully yours
County Chairman Nueces County Republican Party
Michael A Bertuzzi
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
~err IeTo Whom It May Concern
In accordance with the Republican Party of Texas General Rules for All Conventions and Meetings Rule lIb and Rule 27a I Vanessa Cahill an elected delegate of Precinct 65 within the Nueces County of Texas wish to file a formal challenge against County Chairman Michael A Bertuzzi for not fulfilling his duties as laid out within these rules and refusing to uphold both Rule No 14 and Rule No 22
Specifically Texas Republican Party Rule 14 stipulates
All meetings of any committee or sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate or that convention any State or County Republican Party Officer any elected Republican Officeholder or any Republican Candidate These same people shall have the right to appear before any convention committee or subcommittee and make recommendations for the committees consideration or testify concerning any item under purview ofthe committee The committee may adopt reasonable rules including time limits for such presentations and may establish a reasonable limit of time for these presentations This privilege shall include delegates and alternates under challenge at any convention
Mr Bertuzzi has intentionally and flagrantly violated these rules and as such has harmed this delegate as well as other delegates to this convention by depriving me of my right to fully participate in this process
On March 6 2008 I telephoned and emailed Mr Bertuzzi to express my interest in serving on any of the committee meetings held prior to the County Convention Specifically I requested meeting dates and times for the Nominations and Resolutions Committees as well as offered my services as a volunteer at the County Headquarters
As shown in EXHIBIT A ATTACHMENT No1 Mr Bertuzzi received my email request and forwarded it to Mr Bergsma who then forwarded it to me as an attachment to his email stating his concerns From this exhibit I have made the reasonable assumption that Mr Bertuzzi opened and read my request
On March 132008 after receiving no response to my request I contacted Mr Bertuzzi via telephone at which time he told me he was not going to give me any information about these meetings
On March 16 2008 as shown in EXHIBIT B I sent Mr Bertuzzi another email requesting clarification on Rule No 14 which states
All meetings of any committee of sub-committee of any convention whether it be in temporary or permanent organization shall be open to any delegate or alternate to that convention
Mr Bertuzzi has failed in every instance to provide any notice or contact information regarding the functioning or meeting of the temporary committees as requested Consequently I have been deprived of my right to participate in those meetings
In addition Mr Bertuzzi has knowingly intentionally and flagrantly violated Rule 22b
Texas Republican Party Rule 22b states Transmittal of Precinct Convention Minutes The Permanent Chairman ofthe Precinct Convention shall sign and safely transmit to the County Chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
until the end of that years biennial state convention In multi district counties the County Chairman shall deliver the original record to the temporary chairmen of the Senatorial District Conventions This copy shall be public record
I requested a copy of accurate written records (minutes) from every Republican Party Precinct Convention held in Nueces County on March 4 2008 These rules clearly indicate that the County Chairman is responsible for maintaining a copy of these minutes as public record
As shown in EXHIBIT c and EXHIBIT D on March 172008 I made my third request to Mr Bertuzzi for this information After failing to receive copies of the requested documents I traveled to the Nueces
County Republican Party Headquarters and again made my request for copies of these records I spoke with two different individuals who refused to provide the requested documents I offered to wait until Mr Bertuzzi could be reached After waiting for over an hour I told the secretary that I was going to get a cup of coffee and would return momentarily When I returned the headquarters had been closed I then posted a request at the door (as shown in EXHIBIT C) Upon returning to see if the headquarters had been opened I found my request X-ed out and signed NO MAB I assume these initials belong to Mr Michael A Bertuzzi (full name as shown in EXHIBIT E)
Texas Election Code 161004 states
If a document record or other paper is expressly required by this title to be filed prepared or preserved it is public information unless this title provides otherwise
Texas Republican Party Rule lIb provides
Any officer or committee chairman of any convention whether it be in temporary or permanent organization who intentionally violates the Rules of the Republican Party of Texas or the directives of the Texas Election Code shall be subject to a challenge filed under the provisions of Rule No27 and if such challenge is upheld by the convention which hears the challenge that officer or committee chairman shell be removed from serving as a delegate to any convention of the Party at any level throughout the year
Mr Bertuzzi clearly knew the rules He had been provided with copies of the rules and was the recipient of numerous requests to allow open participation by delegates He has intentionally violated these rules and the duties of his office I pray that the delegation present will uphold this challenge and the integrity of the Republican Party
bull anessa Cahill
Delegate Pct 65
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
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Request for Clarificati()fI lhoY
flOI1~ IIi lllnesaa C8JhiU Cmiddotllflti1rJil1
to michael_bertuzzimlcom (( ~ vanassafratilagrn)ilcom
cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
1111lWS LIve Hotmail C I (i
JqU~rr ( iii(CIlling Margaret Fratilas email CMike Bergsma (bergsmaconsultingdavlinnetl
[lUI 1308258 pre frlC Von Wade (encllonwadeholmailcom) Bol) Jlt)n~s (IJol)Jonlt14101(F~YS0jYiJhOO ((10) VCtn~~)
dllill (cahiilvanessaC0hotmallcom) Tx Fed of Rorjol1lan (ctgolclltmUl(iltIocorn) middotNallJCli1i Rq)JIJ n i c (oll1mitlee (womenlaquo)gop5enatorscom) Cliff la5Icl (cliffilISy lt~)(11 1() PRC CTS [~iiii
1lIIA (ilfrillila(jjforceS5invcom) Setty an(J AI CerJera (hcercJll Iwslor(pnITfcorn) rilld I (i gt~
)iCCW (ldodgecalallenk12lxusj bobbie anderson (ilnderslaw(tiln corn) Ana Cooper ((jna((lu(LIio Jlld (uJelunClcaolcom)Cilll1ie Adams (cathieadalllslexnceaJ eej et1MJ 11 linnks RepJIJUni llylIIiil
(onferenCt (infoCjopconferencecorn) lebL)Ieuro we~I ((lttwet(iviI 10 ((Il DeltlIlll V(IIO (dhiri rpII ~Ie 0 I ~
I)(olilna Gelaek (workfutureaolcom) Dr Robin rT1stong (roli1rl1i1r(cilwtmailcom) Davie (iLl (dave 1181 S2aolrolll) Doris White ((Jorsjwniteyahoo laquol ielli a ntill1 (juclgienr lej Utltrildlw() cnr i
I~Cley HoJtclli50n Campaign (infOlexansforkaycol1l Krystal ~lfVIr) mfO[)1l1Qonvbrnqcom) I(lll i~vlr)iJn (texilsvolunteersglllclllcom) Becky I(an pe (beckyki)nlpelaquodasslatelxu~) ]riH1
middotIMI inez (imartineznetnetwebcom) William IJ Dodge JII (wdiilrlc1cirjdqciilrr1sn(nn) Nick JIIIClCZ (lditorcalercom)
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I I ~-()ITy 011(5 that Margaret Fratila has involved you in her bromide djCllnst our County Chairman Miilt) Ekrtu middot1 I ii~ ~av that she is not a reliable source of information I am atlachinq two cJocuments fOm It) dauqhler 1)lt Ij ijnltts t11lt11 something else is involved It appears tl1t some of tile F~Cin FJaul foiks arE tryin~J to Iltlke Olr tI( iii r( callil1g our county leadership Marxist Fascist and warrnonqers This is a pathetic (JIGtrcion f(()rn (jeH ~ j~iilr fltilelin rEHdected and adding to our numb(rs In other office~
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Benul2i Michael A(CORPUS CHRISTI CU 532)
From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
halill 011 fur your patience
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i 11f leadirgtip herl iJre m~lndst F~SGi$t nd wwnoflgeuror~-i Strong words Yes But sajlv true If yJJ wllnt to return tl1e 10(11 GOP to Itl~i capltZlII~t cQnslarvative (OI1lt[utlonal IiTLtltI gclv~rlill1t~rt riJO~~i g(~l ready for a long and mlmiddotty blltlmiddot t CI~N be llOI~ FSIlr t wont be easy or 5hOt
el IFltl-middotelmiddot Ignore them llll and get good peQr1e on tlv ballot withQtJt tlem [rt that thp real ~~oal anywolJY 7
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0 t rIe ~el that all of the COIln-lttelfts IFe full (5middot i pl()pl~ 1(1 tlteuro- I d hst )f 1Ii9h $S aCJImiddot~terpound thi~t Nill be ~sed as J t IIVltt~lt in thr
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~r aw co gt~t involved with th ~eJublla pa-ty Oy Jolnlr1 flry r(r7ImiddotItI~S SCI I h~v~ sart htr an Arnall r9(tIstil~ thJ cgtr~ of [middot1ese
cnvritte 1cein~$ an turd hgtn that 1JI1ouc1 (il--e ~) $ t 11 on eHV tildt I rim Ib~ to IHtMd
I IJIIk t would bo te~t (or me to g~t ~tle I)iltl 111 ~Qli Ullinl nco ctron~ Instald of ali cf LS clillirrg him (or ~he he~dqllarLirsi Tl~V
1 IC cildrtiI1 to SIJSpeet SOlTlet~ing iJrd I don r III1l nl- ~()ose ts ) lt(11 Also 1 rGlrlle It vvould r~ go-d i(JIJ for el~ryrJn~ wittl
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to michael_bertuzzimlcom (( ~ vanassafratilagrn)ilcom
cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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Me 8ertuzzi
I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
Benul2i Michael A(CORPUS CHRISTI CU 532)
From vanessa cahill [vanessafratilagmailcomJ
SfFIt Thursday March 06 200B 3 12 PM
ro Bertuzzi Michael A(CORPUS CHRISTI CU 532)
SUbject Committee Intonnation
1 hnnzzi
~t pJl~asant talking viith you this afternoon rVfy n1otJer-in~aV1 1argaret Fraltlal speaks very highly of t HI -J itmiddot (lod ll finally gel a chance to meet J hope we will soon he C3ble to put a fan to the nameas the saying goc-
ly 11lIsbilJ1d Antonio and 1just moved back to Corpus Christi this past summer Margaret has heen encouragi rill
) hClIHllC more involved in the Republican Party and wlat b(tler t1ll1C to do so than the election ~ca~nnl Vilh If hI ill( iulTounding the Democratic race think it is important for everyone in our pltlrty to gel If1vohd iU Wl [1
Lull 111lt White House in November
am llY interested in volunteering lUY time in any way that I can I would love to serve on any of the cornmill as ell i atllnd the meetings of the committees that arc already fuJI lfal all possible could you send me a list qf c omn Ilte and the scheduled meeting dates and times In addition could you give me the phone numbers email ddnscs uf Art Granado and Victor Bird I believe they are heading up the Nominations and Reiolulions ltr11Illlkcs
I hl1 i r my services are also needed at th(~ headquarters f~el free to contact me
halill 011 fur your patience
llIeLIIl
(llle ~middotl
J2middotl)() 944
ANpctlMrHr -=Itj_
fkom (~~A
I
~- --~_- ----shy__--~
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1IdOl _middot_middotmiddot~~ bullbull lji~[lr ~ It bull dill I jJ poundII I ~a d
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Gick tu 3( l]VJ Huch VOlJ COji~ ~W2 -shy
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~ibJect [ropaUf~10] VERY IMFORTANTlll Dlltfl Fri 07 Mv200S 121120 middot0600
(n r1s
r ope th~~ rrw5t of yr)IJ JW step bedlt and look ilt Wi1at i$ Iappenlr)g here 1- orjt to change things In Che Nuectil5 c~unty COP the countY chalrrflitll ~ (~ l~affIlr$rlp relillme nQ(-l(1 toI)e rtJplllced
i 11f leadirgtip herl iJre m~lndst F~SGi$t nd wwnoflgeuror~-i Strong words Yes But sajlv true If yJJ wllnt to return tl1e 10(11 GOP to Itl~i capltZlII~t cQnslarvative (OI1lt[utlonal IiTLtltI gclv~rlill1t~rt riJO~~i g(~l ready for a long and mlmiddotty blltlmiddot t CI~N be llOI~ FSIlr t wont be easy or 5hOt
el IFltl-middotelmiddot Ignore them llll and get good peQr1e on tlv ballot withQtJt tlem [rt that thp real ~~oal anywolJY 7
tip 1 www knowyourrlmiddotlo (ornCP~Pr9s08hnn
( clilly
iuClc eLlrnr~t
~t the revOlu tln continue I Ltpj WIIIN cptoyasorgplatfo middotIshtml 111(j fWW cptexll s(J(gplalfll-m sr trr I
iH1f~gt)ltNrDte
o~ JuSt tttikfc CALLI-CM gt
~o Mike Bertunl and I thrlc h~ ~nl_) J DO NOT
11I1kJlly hI krONS my rr1Qth~r in law and 1 1 41ble to ~o(len lWI lip i)
0 t rIe ~el that all of the COIln-lttelfts IFe full (5middot i pl()pl~ 1(1 tlteuro- I d hst )f 1Ii9h $S aCJImiddot~terpound thi~t Nill be ~sed as J t IIVltt~lt in thr
- ~venf th middot~t SQmecnl a~$19)ed to t~le cornmlr~e 11iCUS to b rpl jld t (JIG nim that [ Just ~l(lved 10 the city ~trd wao ~1CU r~~td ov nw 11 re
~r aw co gt~t involved with th ~eJublla pa-ty Oy Jolnlr1 flry r(r7ImiddotItI~S SCI I h~v~ sart htr an Arnall r9(tIstil~ thJ cgtr~ of [middot1ese
cnvritte 1cein~$ an turd hgtn that 1JI1ouc1 (il--e ~) $ t 11 on eHV tildt I rim Ib~ to IHtMd
I IJIIk t would bo te~t (or me to g~t ~tle I)iltl 111 ~Qli Ullinl nco ctron~ Instald of ali cf LS clillirrg him (or ~he he~dqllarLirsi Tl~V
1 IC cildrtiI1 to SIJSpeet SOlTlet~ing iJrd I don r III1l nl- ~()ose ts ) lt(11 Also 1 rGlrlle It vvould r~ go-d i(JIJ for el~ryrJn~ wittl
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Request for Clarificati()fI lhoY
flOI1~ IIi lllnesaa C8JhiU Cmiddotllflti1rJil1
to michael_bertuzzimlcom (( ~ vanassafratilagrn)ilcom
cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
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65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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RECEiVED APR 042008
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
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Request for Clarificati()fI lhoY
flOI1~ IIi lllnesaa C8JhiU Cmiddotllflti1rJil1
to michael_bertuzzimlcom (( ~ vanassafratilagrn)ilcom
cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
1~1i1f~dby gmailcom
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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900 Congress Avenue Suite ~H 10ectfterr L Austin TX 787 I) Phone 51247798gt1
Fax 51248001)9 wwwtexasgoptrg
~ ~i ~- ishy ~ L middotTinaJ BenhserC9p1r fl0
April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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I I II ~I gt) ~- tU
CtQ J- -rt]~lJ--1 -i C~f1 teflS e l~fb6 --LL PRECINCT 165 I U--
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Pet j Last First ML i SIGN INI 1 - - I
65 (Anderson Amy B I
65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
i~8 r =-~ 1I~ ~ C~ ~ t ~ ~ iltc ~ ~ ~ tlt9 ~ Y~j
Pet i Last First
i ML SIGN IN ~5 IFratila P - A~toniO--tiS IGonzalez Nllza
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65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
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65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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RECEiVED APR 042008
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65 (Webster IDean I 4tU0 t iJ~
65 jWebster L I 7JJ~1Mary 6~ IWhitt Betty I ~JIr~
~
(bl G ~Cllid~ I Av+shyPRECINCT 167 i I
Pctlf-----Last~ tlt~-~~~ I First i ML i SIGN IN 67 f Burger CJ))J~ ~ Gary R~
61 iY~ung Christopher P ~ t
~
GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
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Request for Clarificati()fI lhoY
flOI1~ IIi lllnesaa C8JhiU Cmiddotllflti1rJil1
to michael_bertuzzimlcom (( ~ vanassafratilagrn)ilcom
cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
1~1i1f~dby gmailcom
_-~J rc~~c(middot~ Jr(r~n17 InlH1fT1~F~ rrtfi 1~1Iill
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I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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900 Congress Avenue Suite ~H 10ectfterr L Austin TX 787 I) Phone 51247798gt1
Fax 51248001)9 wwwtexasgoptrg
~ ~i ~- ishy ~ L middotTinaJ BenhserC9p1r fl0
April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
gt~~~ xmiddot-middotmiddotmiddotmiddot ~~
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gY~-e-Pl~ Execu( e rector
14v amp u- ~~_I
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RfeE if CtPR 04 2uaa
- - --PR~r~l~jj~~rJ h~i ~ i ]l~YilJl~~ $ T
I I ----------------------Iic~T-------Last-----L-First---iML i - _ SIGN IN
~~ IShirley IRobert bullIP I6Jcl Jt~ 04 IStephens iCarol i 64 IStruve Joe ---+-1----+I-l------yen--middotr
I I II ~I gt) ~- tU
CtQ J- -rt]~lJ--1 -i C~f1 teflS e l~fb6 --LL PRECINCT 165 I U--
L
Pet j Last First ML i SIGN INI 1 - - I
65 (Anderson Amy B I
65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
i~8 r =-~ 1I~ ~ C~ ~ t ~ ~ iltc ~ ~ ~ tlt9 ~ Y~j
Pet i Last First
i ML SIGN IN ~5 IFratila P - A~toniO--tiS IGonzalez Nllza
A
65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
I
65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
L
-J
~ ~J bull
RECEiVED APR 042008
jJ~1 iff ~il= P 814 -c -er 6 ~ j~1 hg iF ~j tf ( -
ofj f1 i ~- ~=J ] ~ I~ 4d i t ~
ECt b ~Lasi---- _--~ -F-irs-t-middot--MLI ___ SIGN 711~ 65 ISlattery Q IChantal jSendtoCredentiills
65 (Webster IDean I 4tU0 t iJ~
65 jWebster L I 7JJ~1Mary 6~ IWhitt Betty I ~JIr~
~
(bl G ~Cllid~ I Av+shyPRECINCT 167 i I
Pctlf-----Last~ tlt~-~~~ I First i ML i SIGN IN 67 f Burger CJ))J~ ~ Gary R~
61 iY~ung Christopher P ~ t
~
GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
Gn ili Calergl~r
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Mjn~LfII1PplIL9Qftwllrf~ WIIAJrli iCJlpC COrTI
laquo fJ~~k tQStlIot Mttil ik (
Request for Clarificati()fI lhoY
flOI1~ IIi lllnesaa C8JhiU Cmiddotllflti1rJil1
to michael_bertuzzimlcom (( ~ vanassafratilagrn)ilcom
cldlf Mar 16 2008 tiC [M ~iuhl~cl Request for Clanficltion
1~1i1f~dby gmailcom
_-~J rc~~c(middot~ Jr(r~n17 InlH1fT1~F~ rrtfi 1~1Iill
1 )f fiO
~[ I bull i 1j(J pm (E) nellS a91
Me 8ertuzzi
I would like to be sure thaI my rncollectlor If Ollr fll$t telephone conversation IS cOrect (Vr As per my memory I requested Informatin 01 tile dates times and locations of the Credent Nominations Committees for ieces COl)n1y You len asked that I send my request in WIII promptly did via email (Marcil 6 7000) Frorn the email attachment I receiverJ frOm J1ike Bp 132008) I have made the remonable asiIJnption tlla you have opened anc eoc Y1y erai i
thiS Information
I would also ItI~e to clarify the u~cond and Ipound1Sl ulrversation we had over the telephone (Mel -
As per my memory you tolcl TIC tllat ymJ Nould noll)e provIjlng to me tile idormation I WB bull
from what I understood your rduclance C rrowie tbe requested InforlT1ati~n 10 me stemrw affiliation with a local meetup woup In wch J fellGw rnember~ClllJCI Bppt voiced hitgt op leadersJ1ip in the Republican Fcrty
I would also like clarification fOil you 011 1I1e 14th RIJoe of the General Rules for AI Convr Meetings of the RepUblican Party of Tll~lU~ W11C states
All meetings of any COmmiHoIe or sub-(ommlttee of any convention whether it I)e i111 permanent organization shull be open ~o ~ly dl)legat~ 011 altl1lrnate to that convention
As a voter in the Republican Fnmary and 8 elelAq2tA in my precinct I wouid again like 10 (f~Cj dates times and locations tor ne (ollowing cOfT1ytces
Credentials Resolutions Rules and NominatJOns
In addition I would also like to request a copy of accurate written records (minuesi from elf~ Nueces County Please notify me when tJ)eSI~ copies have been completed and i j Jlckior the Republican Party Headquarters
Thank you for your time
Sincerely Vanessa
RepLy ~ Reply fo all rorvvard
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900 Congress Avenue Suite ~H 10ectfterr L Austin TX 787 I) Phone 51247798gt1
Fax 51248001)9 wwwtexasgoptrg
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April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
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Pet j Last First ML i SIGN INI 1 - - I
65 (Anderson Amy B I
65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
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RECEiVEO APR (I 4 Lu08
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Pet i Last First
i ML SIGN IN ~5 IFratila P - A~toniO--tiS IGonzalez Nllza
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65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
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GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
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900 Congress Avenue Suite ~H 10ectfterr L Austin TX 787 I) Phone 51247798gt1
Fax 51248001)9 wwwtexasgoptrg
~ ~i ~- ishy ~ L middotTinaJ BenhserC9p1r fl0
April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
gt~~~ xmiddot-middotmiddotmiddotmiddot ~~
(
gY~-e-Pl~ Execu( e rector
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~~ IShirley IRobert bullIP I6Jcl Jt~ 04 IStephens iCarol i 64 IStruve Joe ---+-1----+I-l------yen--middotr
I I II ~I gt) ~- tU
CtQ J- -rt]~lJ--1 -i C~f1 teflS e l~fb6 --LL PRECINCT 165 I U--
L
Pet j Last First ML i SIGN INI 1 - - I
65 (Anderson Amy B I
65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
i~8 r =-~ 1I~ ~ C~ ~ t ~ ~ iltc ~ ~ ~ tlt9 ~ Y~j
Pet i Last First
i ML SIGN IN ~5 IFratila P - A~toniO--tiS IGonzalez Nllza
A
65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
I
65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
L
-J
~ ~J bull
RECEiVED APR 042008
jJ~1 iff ~il= P 814 -c -er 6 ~ j~1 hg iF ~j tf ( -
ofj f1 i ~- ~=J ] ~ I~ 4d i t ~
ECt b ~Lasi---- _--~ -F-irs-t-middot--MLI ___ SIGN 711~ 65 ISlattery Q IChantal jSendtoCredentiills
65 (Webster IDean I 4tU0 t iJ~
65 jWebster L I 7JJ~1Mary 6~ IWhitt Betty I ~JIr~
~
(bl G ~Cllid~ I Av+shyPRECINCT 167 i I
Pctlf-----Last~ tlt~-~~~ I First i ML i SIGN IN 67 f Burger CJ))J~ ~ Gary R~
61 iY~ung Christopher P ~ t
~
GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
~UW__ )( COil C S 1 e 1 01 (~ 1 rr - __ = Ills IS the html versIOn of the file HmitXopJ(lclelhj~s~~~~lXY~11tllj)c3_0()9lDdt
pi( bull Il I ~ (~ automarically generates html versions of documetJt~ as we craw i he we I) II iiilk 10 or boolonark this page use the following uri hto 1 1009lt nomsf r _
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~- ~~~ Wi k PJ w SA bull ~l ------ -~
~ I illSI earcl~ terms have been highlighted michael hertuui ClIJU cod
l==- _~ _ - -_- -- -- ~--__-~~ ~~_~~L
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I Ci ~ thlcS C0l11Jl1ISSI0n PO Ro I OiO Ulln Texa 7K II ~l) f) 151H6 -
STATE COUNTY CHAIR FOR Sf CAMPAIGN FINANCE REPORT COVEN S Ingt~
~
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NSTRlifTION G IIIDE eplalns how to (( OliN I Ii
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( l1nge 01 Add c~ COIJlUS Christi Lx 78412 JHleHgtl1dmiddotHmiddot )IJl pIt
RC(C1P I
~ CAI1PAIGN TRESURER
MSIMR~ MR
Dr IRST
Rl) Jen L fl
f)ltl P ~~ lt~
IME NWI(NA jF
i 51 SlfI D~Ilt 1 bull
rordlr~1l
to CIPAfGN fIEASURER f)f)R Fltlt
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p j 11 [ cn ~ 1 ~ Jill laquo(lD
ttp ~)09R5 1651 04searchq=cacheAW50vUFdDNwl1xprodethicsstatetxuspublic300935pciff-JTIic In I()()S
900 Congress Avenue Suite ~H 10ectfterr L Austin TX 787 I) Phone 51247798gt1
Fax 51248001)9 wwwtexasgoptrg
~ ~i ~- ishy ~ L middotTinaJ BenhserC9p1r fl0
April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
gt~~~ xmiddot-middotmiddotmiddotmiddot ~~
(
gY~-e-Pl~ Execu( e rector
14v amp u- ~~_I
_
I I~~~Z
RfeE if CtPR 04 2uaa
- - --PR~r~l~jj~~rJ h~i ~ i ]l~YilJl~~ $ T
I I ----------------------Iic~T-------Last-----L-First---iML i - _ SIGN IN
~~ IShirley IRobert bullIP I6Jcl Jt~ 04 IStephens iCarol i 64 IStruve Joe ---+-1----+I-l------yen--middotr
I I II ~I gt) ~- tU
CtQ J- -rt]~lJ--1 -i C~f1 teflS e l~fb6 --LL PRECINCT 165 I U--
L
Pet j Last First ML i SIGN INI 1 - - I
65 (Anderson Amy B I
65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
i~8 r =-~ 1I~ ~ C~ ~ t ~ ~ iltc ~ ~ ~ tlt9 ~ Y~j
Pet i Last First
i ML SIGN IN ~5 IFratila P - A~toniO--tiS IGonzalez Nllza
A
65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
I
65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
L
-J
~ ~J bull
RECEiVED APR 042008
jJ~1 iff ~il= P 814 -c -er 6 ~ j~1 hg iF ~j tf ( -
ofj f1 i ~- ~=J ] ~ I~ 4d i t ~
ECt b ~Lasi---- _--~ -F-irs-t-middot--MLI ___ SIGN 711~ 65 ISlattery Q IChantal jSendtoCredentiills
65 (Webster IDean I 4tU0 t iJ~
65 jWebster L I 7JJ~1Mary 6~ IWhitt Betty I ~JIr~
~
(bl G ~Cllid~ I Av+shyPRECINCT 167 i I
Pctlf-----Last~ tlt~-~~~ I First i ML i SIGN IN 67 f Burger CJ))J~ ~ Gary R~
61 iY~ung Christopher P ~ t
~
GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
900 Congress Avenue Suite ~H 10ectfterr L Austin TX 787 I) Phone 51247798gt1
Fax 51248001)9 wwwtexasgoptrg
~ ~i ~- ishy ~ L middotTinaJ BenhserC9p1r fl0
April 18 2008
Ms Sally Hunt 137 Tropical Lane Corpus Cluisti TX 78408
Dear Ms Hunt
Per your request enclosed are the Minutes 11001 the Nueces County Republican Convention held on March 29 2008 The lists of delegates and alternates elected to the State Convention have also been included
Sincerely
gt~~~ xmiddot-middotmiddotmiddotmiddot ~~
(
gY~-e-Pl~ Execu( e rector
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RfeE if CtPR 04 2uaa
- - --PR~r~l~jj~~rJ h~i ~ i ]l~YilJl~~ $ T
I I ----------------------Iic~T-------Last-----L-First---iML i - _ SIGN IN
~~ IShirley IRobert bullIP I6Jcl Jt~ 04 IStephens iCarol i 64 IStruve Joe ---+-1----+I-l------yen--middotr
I I II ~I gt) ~- tU
CtQ J- -rt]~lJ--1 -i C~f1 teflS e l~fb6 --LL PRECINCT 165 I U--
L
Pet j Last First ML i SIGN INI 1 - - I
65 (Anderson Amy B I
65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
i~8 r =-~ 1I~ ~ C~ ~ t ~ ~ iltc ~ ~ ~ tlt9 ~ Y~j
Pet i Last First
i ML SIGN IN ~5 IFratila P - A~toniO--tiS IGonzalez Nllza
A
65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
I
65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
L
-J
~ ~J bull
RECEiVED APR 042008
jJ~1 iff ~il= P 814 -c -er 6 ~ j~1 hg iF ~j tf ( -
ofj f1 i ~- ~=J ] ~ I~ 4d i t ~
ECt b ~Lasi---- _--~ -F-irs-t-middot--MLI ___ SIGN 711~ 65 ISlattery Q IChantal jSendtoCredentiills
65 (Webster IDean I 4tU0 t iJ~
65 jWebster L I 7JJ~1Mary 6~ IWhitt Betty I ~JIr~
~
(bl G ~Cllid~ I Av+shyPRECINCT 167 i I
Pctlf-----Last~ tlt~-~~~ I First i ML i SIGN IN 67 f Burger CJ))J~ ~ Gary R~
61 iY~ung Christopher P ~ t
~
GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
14v amp u- ~~_I
_
I I~~~Z
RfeE if CtPR 04 2uaa
- - --PR~r~l~jj~~rJ h~i ~ i ]l~YilJl~~ $ T
I I ----------------------Iic~T-------Last-----L-First---iML i - _ SIGN IN
~~ IShirley IRobert bullIP I6Jcl Jt~ 04 IStephens iCarol i 64 IStruve Joe ---+-1----+I-l------yen--middotr
I I II ~I gt) ~- tU
CtQ J- -rt]~lJ--1 -i C~f1 teflS e l~fb6 --LL PRECINCT 165 I U--
L
Pet j Last First ML i SIGN INI 1 - - I
65 (Anderson Amy B I
65 IAnderson Shane D I ----- -~_- I
65 iBailes Rebecca _-+--i_--+---shy
65 IBertuzzi Caroline I
-651Sertuzzi Michael I 65 iCahill ~rf( Vanessa 65 iCheetham Gerald 65 Collins-- Mrs Bruce 65 Eigueda Maria I
RECEiVEO APR (I 4 Lu08
i~8 r =-~ 1I~ ~ C~ ~ t ~ ~ iltc ~ ~ ~ tlt9 ~ Y~j
Pet i Last First
i ML SIGN IN ~5 IFratila P - A~toniO--tiS IGonzalez Nllza
A
65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
I
65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
L
-J
~ ~J bull
RECEiVED APR 042008
jJ~1 iff ~il= P 814 -c -er 6 ~ j~1 hg iF ~j tf ( -
ofj f1 i ~- ~=J ] ~ I~ 4d i t ~
ECt b ~Lasi---- _--~ -F-irs-t-middot--MLI ___ SIGN 711~ 65 ISlattery Q IChantal jSendtoCredentiills
65 (Webster IDean I 4tU0 t iJ~
65 jWebster L I 7JJ~1Mary 6~ IWhitt Betty I ~JIr~
~
(bl G ~Cllid~ I Av+shyPRECINCT 167 i I
Pctlf-----Last~ tlt~-~~~ I First i ML i SIGN IN 67 f Burger CJ))J~ ~ Gary R~
61 iY~ung Christopher P ~ t
~
GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
RECEiVEO APR (I 4 Lu08
i~8 r =-~ 1I~ ~ C~ ~ t ~ ~ iltc ~ ~ ~ tlt9 ~ Y~j
Pet i Last First
i ML SIGN IN ~5 IFratila P - A~toniO--tiS IGonzalez Nllza
A
65 Moore Richard R A100 I]-Y~65 IPrice Paul D 65 ISchroeder K Mike
I
65 Seaman F- Ellen v~
65 iSeama_~ Eugene J _65 JSheldon yen- Jean
L
-J
~ ~J bull
RECEiVED APR 042008
jJ~1 iff ~il= P 814 -c -er 6 ~ j~1 hg iF ~j tf ( -
ofj f1 i ~- ~=J ] ~ I~ 4d i t ~
ECt b ~Lasi---- _--~ -F-irs-t-middot--MLI ___ SIGN 711~ 65 ISlattery Q IChantal jSendtoCredentiills
65 (Webster IDean I 4tU0 t iJ~
65 jWebster L I 7JJ~1Mary 6~ IWhitt Betty I ~JIr~
~
(bl G ~Cllid~ I Av+shyPRECINCT 167 i I
Pctlf-----Last~ tlt~-~~~ I First i ML i SIGN IN 67 f Burger CJ))J~ ~ Gary R~
61 iY~ung Christopher P ~ t
~
GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
RECEiVED APR 042008
jJ~1 iff ~il= P 814 -c -er 6 ~ j~1 hg iF ~j tf ( -
ofj f1 i ~- ~=J ] ~ I~ 4d i t ~
ECt b ~Lasi---- _--~ -F-irs-t-middot--MLI ___ SIGN 711~ 65 ISlattery Q IChantal jSendtoCredentiills
65 (Webster IDean I 4tU0 t iJ~
65 jWebster L I 7JJ~1Mary 6~ IWhitt Betty I ~JIr~
~
(bl G ~Cllid~ I Av+shyPRECINCT 167 i I
Pctlf-----Last~ tlt~-~~~ I First i ML i SIGN IN 67 f Burger CJ))J~ ~ Gary R~
61 iY~ung Christopher P ~ t
~
GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
GOP RULeI GENERAL RULES FOR ALL CONVENTIONS
AND MEETINGS
Rule No1 - Adoption and Amendment of Rules Clarification These Rules having been filed with the Secretary of State ofTexas together with the stltltutes rules and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas
Rule No4 - Adoption of Reference - US Constitution Texas Constitution and Statutes The Constitution of the United States The Constitution of the State of Texas and the statutes of the State of Texas insofar as they may be applicable are hereby adopted by reference and shall govern the conduct of all conventions and meetings of the Republican Party of Texas from the precinct level through the state level
Rule No5 - Parliamentary Authority Unless otherwise provided for by the United States Constitution Texas Constitution United States and Texas statutes or these Rules the current edition of Roberts Rules o(Order Ncvdv shyRelised which is hereby adopted by reference shall be the parliamentary authority governing all conventions and meetings of the Republican Party of Texas from the precinct level through the state level inclusive
Rule No 18 - Voting Strength - Number of Delegates The convention will continue to enjoy its full strength in the cases of preceding conventions not electing all delegates to which it is entitled No convention shall elect fractional delegates ie no convention shall elect more delegates or alternates than the number to which it is entitled
Rule No 21 - Agenda for Precinct Conventions f Election of delegates and alternates to county or senatorial district convention as the case may be by majority vote and certification of eligibility of each delegate and alternate by the precinct convention secretary where the primary voters list is available
Rule No 22 - Chairmans Responsibilities a Record of the Precinct Convention The Permanent Chairman of the Precinct Convention shall be responsible for seeing that an accurate written record (minutes) is kept of all convention proceedings including the list of persons present and their residence addresses and a list of delegates and alternates elected to the county or Senatorial District convention with residence addresses including towns shown thereon The Permanent Chairman of the Precinct Convention shall record the list of persons present and the list of delegates and alternates elected to the county or Senatorial District Convention in triplicate A signed copy of this written record shall be available for copying by any participant in the convention for a period of thirty (30) minutes immediately following adjournment of the convention Upon request the permanent chairman shall certify any correct copy b Transmittal of Precinct Convention Minutes The Permanent Chairman of the Precinct Convention shall sign and safely transmit to the county chairman no later than the third day after the date of the precinct convention or deposit in the mail not later than the second day after the date of the precinct convention such record (minutes) and a copy thereof and maintain a third copy for himself at least until the end of that years biennial state convention In multidistrict counties the County Chairman shall deliver the original record to the temporary chairmen of the (
Senatorial District conventions The copy shall be public record (emphasis added)
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
etec4 CMc sect 161004 PARTY DOCUMENT AS PUBLIC INFORMATION Ifa document record or other paper is expressly required by this title to be filed prepared or preserved it is public infonnation unless this title provides otherwise Acts 1985 69th Leg ch 211 sect 1 efT Jan 1 1986
sect 161009 PARTY OFFICER SUBJECT TO MANDAMUS The perfonnance ofa duty placed by this code on an officer of a political party is enforceable by writ of mandamus in the same manner as if the party officer were a public officer Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 163002 REQUIRED RULES A political party that makes nominations in this state shall adopt rules that
(3) prescribe the manner of selecting party officers convention delegates convention alternates and convention officials Acts 1985 69th Leg ch211 sect 1 eff Jan 11986
sect 163007 RULES ENFORCEABLE BY MANDAMUS A rule on electoral affairs is enforceable by writ of mandamus in the same manner as if the rule were a statute Acts 1985 69th Leg ch 211 sect 1 eff Jan 1 1986
sect 174021 SELECTION OF DELEGATES TO COUNTY AND SENATORIAL DISTRICT CONVENTIONS The delegates to a political partys cOUIity and senatorial district conventions held under this chapter shall be selected in accordance with party rules at precinct conventions held as provided by this subchapter Acts 1985 69th Leg ch 211 sect I eff Jan I 1986
sect 174027 RECORDS OF CONVENTION (a) The convention chair shall prepare sign and make a copy of a list of the names and residence addresses of the delegates and any alternates selected by the convention
(b) The convention chair shall sign and make a copy of the list of precinct convention participants required by Section 174025(c)
(c) The convention chair shall deliver the originals and copies of the lists to the county chair not later than the third day after the date of the precinct convention except that if delivered by mail they shall be deposited in the mail not later than the second day after the date of the precinct convention
(d) The county chair shall retain the copies of the lists until the end of the voting year in which they are received
(e) If senatorial district conventions will be held in the county the county chair shall deliver the originals of the lists to the temporary chairs of the senatorial district conventions before the conventions convene Acts 1985 69th Leg ch 211 sect I eff Jan 1 1986 Amended by Acts 1987 70th Leg ch 472 sect 47 eff Sept I 1987 Acts 1987 70th Leg ch 499 sect I eff Sept I 1987 Acts 1997 75th Leg ch 864 sect 179 eff Sept I 1997
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987
sect 273061 JURISDICTION The supreme court or a court of appeals may issue a writ of mandamus to compel the perfonnance of any duty imposed by law in connection with the holding of an election or a political party convention regardless of whether the person responsible for perfonning the duty is a public officer Acts 1985 69th Leg ch 211 ~ I efT Jan J 1986
sect 273063 VENlJE IN COlJRT OF APPEALS (a) A petition to a court of appeals for a writ of mandamus under this subchapter must be filed with the court specified by this section Acts 1985 69th Leg ch 211 ~ I efT Jan I 1986 Amended by Acts 1987 70th Leg ch 54 sect 15(c) eff Sept 11987