CALL FOR A VOTE: Amendment regarding contributions from Foreign Nationals

[Annabelle Backman]

Hello Bylaws Committee,

I've read through the discussion regarding the issue raised by Scott Forbes, and taken a stab at an amendment that I think addresses the concerns raised by each of you on that thread.

Please find attached an amendment to our recommended proposal that:

1. Explicitly prohibits Foreign Nationals (as defined in 52 U.S. Code § 30121) from becoming voting or non-voting members.
2. Explicitly states that the organization shall follow applicable federal, state, and local law.
3. Explicitly states that the neither the bylaws nor rules of the organization should be interpreted as permitting violations of federal, state, or local law.

Change #1 clears up the specific problem regarding membership eligibility. Change #2 says that even if the bylaws seem to permit something that would violate the law, we're not allowed to do that thing. Change #3 says that no one can point to the rules or bylaws and claim they directed them to break the law.

(Note that the attached document contains only those subsections of the bylaws which are modified by the amendment.)

Please cast your vote in this thread on the question of "Shall the Committee recommend to the membership the adoption of amendment to the recommended proposal?"

This vote shall remain open until 9:00 PM Saturday, February 16, 2019.

–

Annabelle Backman

Vice Chair for Technology | Washington State 43rd District Democrats

https://www.43rddemocrats.org/

[Tara Gallagher]

I vote NO. 

Article 2 just muddies the water.

Is it so onerous for an arm of a political party to require that voting members be registered voters (or on the path to registration)? We’re not banning people form our meetings, just limiting voting at meetings.

Article 12.8 seems very unnecessary. Does not the statutory law supersede any bylaws of an organization? 

13.1.h links to article 2, so no

Tara

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<Amendment to Recommendation (2019-02-16-A).pdf>

[Angyl]

NO here.

I think the consequences of getting this wrong are sufficiently big and the likelihood of extended debate high enough that this shouldn’t get wedged into Tuesday.

We don’t need to rush this right now.

- Angyl

Sent from ProtonMail Mobile

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[Bradley Bell]

I vote Yes, although this is a bit over-complicated for me. adding “is a citizen or lawful permanent resident” is more than enough to cover us. Section 2.2 has never required dues-payers to be citizens or registered voters and it’s never been a problem.

-Brad

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[Scott Alspach]

I'm going to vote no on this one. I think the principle is important and want to figure out the right language.

I would propose that we return this requirement to what it was in the original draft that people be registered to vote and return to it at another time. 

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[Amy Madden]

I agree with Brad that this seems a little over-complicated. I would really like the opportunity to talk over this section with the rest of the committee.

Please read my 7:33pm reply to the "Bylaws Recommendation from the Rules & Bylaws Committee" email. It's very important to me that we allow green card holders and people with felonies who have not yet had their right restored to be eligible to become members of the 43rd District Democrats.

I want to either keep the language the committee adopted for 2.1 or work on a modification of Annabelle's current proposal. No matter what though, I think this needs more discussion. 

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[Tara Gallagher]

Assuming you mean voting members—the “eligible to register in two years”  should cover most people, given that we are not going to demand to see a parole schedule or notice of interview date for naturalization.

The only group obviously not included is green card holders who are not applying for citizenship; not sure how many of them want to become voting dues-paying members of a political party organization.

In the earlier mail, not sure what the reference is in “section 2.2 has never required dues-payers to be citizens or registered voters ” The current bylaws 2.2, non-voting members, specifically offers those not registered to vote non-voting memberships. Should probably go back to that usage, incorporating the caveat not a foreign national.

Tara

 

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