10th District Will Not Hear Howie Lind’s Appeal

Two appeals have been filed with the 10th District Republican Committee to be heard at their next meeting on July 11th.  The first appeal was Howie Lind’s appeal to remove Beau Correll as a delegate to the Republican National Convention.  That appeal will not be heard by the 10th District Committee, essentially because the 10th District doesn’t handle issues relating to RNC rules.  In a letter to the members of the Committee, Chairman Jo Thoburn said,

I received two appeals to the Tenth Congressional District Committee over the weekend.

The first appeal, filed by Howie Lind, has not been placed on the agenda for this meeting because it is specious.  Both RPV and RNC counsel were consulted on this.

1. It is not possible to have an Article 1 or Article 7 violation before there is a nominee.

“The Party Plan provisions relate only to Republican nominees. Until the Party has actually nominated a candidate, the provisions are inoperative. Additionally, refusal to support a candidate, even once officially nominated, does not trigger any automatic sanctions under the Plan. Those sanctions apply only to supporting a candidate in opposition to a Republican nominee. ” — From the 7/1/16 RPV General Counsel ruling.

2. Once the delegate is certified, our Party Plan does not have a mechanism for the District Committee to revoke certification.  RNC Rules 21 and 23 does state how a removal can occur. The District Committee is not involved in the process.

RULE NO. 21
Contests: Resolution by States
All contests arising in any state electing district delegates by district conventions shall be decided by its state convention or, if the state convention shall not meet prior to the national convention, then by its state committee. Only contests affecting delegates elected or selected at large shall be presented to the Republican National Committee; provided, however, if the contest regarding a district delegate arises out of irregular or unlawful action of the state committee or state convention, the Republican National Committee may take jurisdiction thereof and hear and determine the same under the procedures provided in Rule Nos. 23 and 24.

RULE NO. 23
Contest Filing
(a) Notices of contests shall state: (i) the name and address of the person filing the notice (“the contestant”), (ii) the name of the delegate or alternate delegate being contested, and (iii) the grounds of the contest and the basis of the contestant’s claim to sit as a delegate or alternate delegate to the national convention, and shall be filed no later than thirty (30) days before the time set for the meeting of the national convention, with the secretary of the Republican National Committee and shall be sent, simultaneously, by registered mail to each person being contested, and to the chairman of the Republican state committee of the state. In the case of delegates or alternate delegates elected or selected at a time or times in accordance with applicable state law rendering impossible the filing of the notice of contest within the time above specified, such notice must be filed within three (3) days of the certification in accordance with Rule No. 20 of any delegates or alternate delegates so elected or selected.

That being said, I have discussed this with Beau Correll.  He does not have an Article 1 violation, nor does he intend to.

The second appeal is once again from Frederick County, charging Article 1 violations. This appeal will be heard.  Chairman Thoburn said,

The second appeal involves members of the Frederick County Republican Committee with Article 1 violations.  It has been placed on the agenda.

The 10th District Committee will meet on Monday, July 11th, beginning at 6:00 pm in the Lovettsville room of the Loudoun County Government Center.  It is open to the public.