PROPOSAL NUMBER: 003-08

1. Date proposed 3/22/08.
Sponsors: Dave Chandler, co-chair.
Co-sponsered by Tom Kelly, Co-Chair; Eric Fried, Secretary; Dan Sage, Treasurer; Claire Ryder, Chair-Denver Greens; Antonio D'Lallo, Chair-Adams-Jefferson Greens.

2. TITLE:
Qualification of Candidates 2008

3. FULL PROPOSAL:
We resolve here that the bylaws of the Green Party of Colorado do not alter or modify 1-4-1304(2)(c) Colorado Revised Statutes which states:

(2) Nominations by a minor political party, to be valid, shall be made in accordance with the party's constitution or bylaws. No nomination under this section shall be valid for any general election held after January 1, 1999, unless the nominee: ...

(c) Has not been registered as a member of a major political party for at least twelve months prior to the date of nomination unless otherwise provided in the constitution or bylaws of the minor political party.

The Green Party of Colorado accepts the interpretation of that law meaning that no person will be considered to be qualified as a candidate for nomination to any office in 2008, who has been either a registered Democrat or Republican anytime since May 3, 2007 -- twelve months from the date of the Party's scheduled nominating convention, May 3, 2008.

We agree and accept the explanation provided to us by the Colorado Secretary of State, Elections Division office contained in the following communications:

Mr. Chandler,

I agree with your interpretation of section 1-4-1304(2)(b) and (2)(c), C.R.S.
In both cases, the statute creates affiliation requirements for minor political party candidates. Additionally, this same statute allows for the minor political party to adjust the affiliation requirements by changing their minor party bylaws. In cases where the party bylaws have not been amended, the statutory requirement must be followed.

Therefore, in regards to section 1-4-1304(2)(c), C.R.S., a candidate must not have been registered with a major party for at least 12 months before the date of nomination if no party bylaws are in place that provide otherwise. [Emphasis added]

Please let me know if you have any questions. Thank you,

Kathryn Mikeworth
Colorado Secretary of State
Elections Division
1700 Broadway, Suite 270
Denver, CO 80290

++++++

From: Dave Chandler
Co-Chair, Green Party of Colorado

To: Ms. Kathryn Mikeworth
I am writing to receive from the Colorado Secretary of State's office, clarification on the meaning of CRS 1-4-1304(2)(c):

(2) Nominations by a minor political party, to be valid, shall be made in accordance with the party's constitution or bylaws. No nomination under this section shall be valid for any general election held after January 1, 1999, unless the nominee: ...

(c) Has not been registered as a member of a major political party for at least twelve months prior to the date of nomination unless otherwise provided in the constitution or bylaws of the minor political party.

My interpretation from reading this language would be that a potential nominee for the Colorado Green Party in 2008, must have not been a registered Republican or Democrat for at least twelve months before the date of our nominating convention this year -- unless our bylaws had already been altered to modify that length of time (which they have not). That means a prospective Green 2008 nominee must have been registered as a member of a minor party or as unaffiliated for the past year from the date of our scheduled May 3 convention.

In addition, I would appreciate confirmation regarding CRS 1-4-1304(2)(b):

(b) Has been affiliated for a period of twelve months immediately preceding the date of nomination with the minor political party that is making the nomination as shown in the registration books of the county clerk and recorder unless otherwise provided in the constitution or bylaws of the minor political party;

Our Green Party of Colorado bylaws do already say that a nominee "must be registered with the Green Party for at least six months before the general election or for two months prior to the Green Party of Colorado nominating convention, whichever is earlier, in order to be eligible for nomination."

Therefore, am I correct in understanding that these provisions of the law mean that a Green Party nominee in 2008 must not have been a Republican or Democrat for the past twelve months from the date of our May 3 convention, but must at least be a registered member of the Green Party of Colorado for the length of time our bylaws stipulate, in order to be eligible for nomination?

I appreciate your assistance in helping us to understand the meaning of the current election laws as they regard candidate nominations for minor political parties.

Thank you for your time and consideration.

4. BACKGROUND:
Mr. Buddy Moore announced to Adams-Jeffco Greens on Thursday, February 7, 2008, that he was seeking the Green Party's nomination to the U.S. Senate, running against Bob Kinsey. At that meeting, Moore said that he had changed his voter registration from Democrat to Green only the previous day.

Reading Colorado election law on primaries for minor parties by state co-chair, Dave Chandler, revealed that a candidate for a minor party nomination must have not been registered with a major party for twelve months before their convention unless that law was altered by the party's bylaws. GPOC bylaws have not been changed to modify that section of the law.

The communication from the Secretary of State's office in the text of the proposal is a result of this research into the meaning of the law.

At the regular Adams-Jeffco Greens meeting on Thursday, March 6, 2008, Mr. Moore was not recommended for approval by the Coordinated Campaign Committee because his recent voter registration with the Democratic Party was adjudged by the committee to make him ineligible for a Green Party nomination under Colorado state law.

The Adams-Jefferson Greens by consensus chose not to forward Moore's candidacy to the state convention.

Buddy Moore has nevertheless continued to label himself as a Green Party candidate for the U.S. Senate, even though he is clearly not qualified under the law. He has become increasingly disruptive and a distraction to important organizing and planning work being done by GPOC activists.

5. Justification/Goals:
To express compliance with state law on qualifications of candidates in 2008.

6. Pros:
Adopting the proposal puts the Green Party of Colorado clearly, definitively and publicly on record as in compliance with Colorado state election law.

Adopting the proposal insures and affirms the integrity of our candidate selection process by demonstrating that we apply the law and our bylaws equally and fairly to everyone.

Adopting the proposal lets Mr. Moore know clearly, definitively and publicly that he is not qualified to seek our party's nomination to any office in 2008.

Cons:
Mr Moore probably will not like this proposal.