Date: Sun, 04 Mar 2001 00:29:45 -0000 From: auvenj@mailcity.com Subject: [lpaz-govcom] Political parties, bylaws, epiphanies, and governing bodies To: lpaz-govcom@yahoogroups.com Reply-To: lpaz-govcom@yahoogroups.com
I have discovered some rather startling facts today. I initially considered just "springing" this information on everyone at the meeting tomorrow, but only for a moment. I'm interested in the facts and the truth prevailing, not "skating" in the confusion that might result from revealing new information and asking people to evaluate it and decide on the spot.
I have promoted the notion that ALP, Inc. is NOT a separate political party from ALP, and hence my election to the ALP, Inc. second vice- chair position IS NOT a violation of the prohibition in ALP's bylaws against being a member or officer of a separate political party. As evidence, I initially offered the common-sense view that the members, candidates, and platform were the same between the two organzations, and that apart from the registered LBTs which ALP represents, ALP, Inc. has absolutely NO members and NO candidates. This resonates with my feeling at a "gut level" that ALP, Inc. is just an organization attempting to take over the role of representing the registered LBTs in Arizona. Until and unless it does so, it is NOT a political party despite its claims to be so.
Nevertheless, the point has been made that what really matters is the legal definition. That's where the rubber meets the road in court, where ALP has to defend itself from the litigation I am trying to put a stop to. It has been stated that ALP, Inc. is legally a political party because they have filed a statement of organization as such with the Secretary of State. I accepted this statement as true on its face; I accepted that we have a contradiction between the "intuitive" definition of a political party and the legal definition. I should not have been so willing to jump to conclusions.
In reading HB2597 (the bill submitted by Ed Poelstra) I noticed that there was a definition given for political parties. A light bulb went off and I immediately performed a search on the EXISTING statutes. The results were quite surprising even to me, and I believe they demonstrate conclusively that ALP, Inc. is NOT a political party so long as ALP is the legal representative of the registered LBTs in Arizona. I will preceed my comments below with "JJA-->" to make it abundantly clear what is statute and what is commentary.
JJA--> First, let's start with the actual definition of a "political party":
--- 16-901.
21. "Political party" means the state committee as prescribed by section 16-825 or the county committee as prescribed by section 16- 821 of an organization that meets the requirements for recognition as a political party pursuant to section 16-801 or section 16-804, subsection A. ---
JJA--> OK, so for our purposes the legal definition of a political party is the state committee of an organization that meets certain requirements. We'll look at those requirements in a minute. But for completeness, here is the referenced statute defining the state committee:
--- 16-825. State committee
The state committee of each party shall consist, in addition to the chairman of the several county committees, of one member of the county committee for every three members of the county committee elected pursuant to section 16-821. The state committeemen shall be chosen at the first meeting of the county committee from the committee's elected membership. ---
JJA--> Nothing too surprising there. But now let's look at the "requirements" as referenced in the definition. There are two possibilities for qualification as a political party: 16-801, or 16- 804 subsection A.
--- 16-801. Representation of new party on ballot at primary and general elections
A new political party may become eligible for recognition and shall be represented by an official party ballot at the next ensuing regular primary election and accorded a column on the official ballot at the succeeding general election upon filing with the secretary of state a petition signed by a number of qualified electors equal to not less than one and one-third per cent of the total votes cast for governor or presidential electors at the last preceding general election. The petition shall:
1. Bear the certification of the county recorder of each county that the signatures on the petition have been examined and that these are signatures of qualified electos of the county.
2. Be verified by the affidavit of ten qualified electors of the state, asking that the signers thereof be recognized as a new political party. The status as qualified electors of the signers of the affidavit shall be certified by the county recorder of the county in which they reside.
3. Be in substantially the form prescribed by section 16-315.
4. Be captioned "Petition for political party recognition". ---
JJA--> Does ALP, Inc. qualify as a political party under 16-801? NO. They haven't ever succeeded in "filing with the secretary of state a petition signed by...one and one-third per cent of the total votes cast for governor...". They may have filed a statement of organization, but that doesn't cut it according to this section. So let's look at 16-804 subsection A:
--- 16-804. Continued representation on basis of votes cast at last preceding general election or registered electors
A. A political organization that at the last preceding general election cast for governor or presidential electors or for county attorney or for mayor, whichever applies, not less than five per cent of the total votes cast for governor or presidential electors, in the state or in such county, city or town, is entitled to representation as a political party on the official ballot for state officers or for officers of such county or local subdivision. ---
JJA--> Does ALP, Inc. qualify as a political party under 16-804 subsection A? NO. They have NO CANDIDATES, remember? No registered voters. They certainly haven't "cast for governor...not less than five per cent of the total votes cast...".
JJA--> Therefore, there is no contradiction. ALP, Inc. is not a political party by either a common sense "intuitive" definition OR a legal definition so long as ALP is the rightful and legal representative of the registered LBTs in Arizona. Therefore I have not violated the ALP bylaws by being elected to ALP, Inc.'s board! Of course...dissenting views are always welcome. :-) I'd just like to hear the reasoning behind them now.
--Jason Auvenshine
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