Rule 44:13 (tie break appeal) v. 45:2 (one vote and only one vote)

[Guest Mary Lynn]

A Republican County Committee is at odds over an argument over Rule 44:13 and Rule 45:2. 

The Central Committee is comprised of four members.  Their task is to submit a nominee and alternate to serve on the County Election Board.  Two members wanted X and Y nominee and alternate and the other two members wanted A and B nominee and alternate.  There was no compromise and thus the vote ended with a tie vote. 

A and B claim that the vote fails under Rule 45:2.  X and Y claim that the Chair's decision (his vote for his candidates) is sustained as a tie breaking vote.  

Please advise.

 

[Joshua Katz]

On 5/23/2023 at 6:29 PM, Guest Mary Lynn said:

The Central Committee is comprised of four members. 

Is that four members including the chair?

[Guest Mary Lynn]

The Central Committee is comprised of the Chair, Vice-Chair, and two State Committee Members.  

[Joshua Katz]

So the chair has already voted (as is proper under the small board rules). The chair doesn't get to vote and "break the tie" as well. Since there was a tie, the only solution is to keep voting until the outcome changes.

[Guest Mary Lynn]

The Central Committee is comprised of the County Committee Chair, County Committee Vice Chair and two State Committee Members.  

[Guest Mary Lynn]

Sorry.  My computer stated an error had occurred so I didn't think the post went through.

The explanation has been given on numerous levels of trying to explain to the Chair that 44:13 doesn't apply in this situation and that he only gets one vote.  This matter has become so contentious that they are trying to remove the Vice Chair and one State Committee Member for not following the rules.  As our State Election Laws require that if a vote fails, then the State Election Board shall ultimately appoint the Nominee.  The Chair and SC Member did not agree and still believe that the Chair had the tie breaking vote through 44:13.

Thank you for your help.

[Shmuel Gerber]

On 5/23/2023 at 8:17 PM, Guest Mary Lynn said:

Sorry.  My computer stated an error had occurred so I didn't think the post went through.

The explanation has been given on numerous levels of trying to explain to the Chair that 44:13 doesn't apply in this situation and that he only gets one vote.  This matter has become so contentious that they are trying to remove the Vice Chair and one State Committee Member for not following the rules.  As our State Election Laws require that if a vote fails, then the State Election Board shall ultimately appoint the Nominee.  The Chair and SC Member did not agree and still believe that the Chair had the tie breaking vote through 44:13.

Thank you for your help.

The text of 44:13, "In an appeal from the decision of the chair, a tie vote sustains the chair’s decision, even though his vote created the tie, on the principle that the decision of the chair can be reversed only by a majority." refers specifically to the motion known as Appeal, as discussed in §24 (see especially 24:3(7)). It has nothing to do with how the chair decides to vote on some substantive question. That is a vote of the chair, not a decision of the chair. 

[Gary Novosielski]

On 5/23/2023 at 7:29 PM, Guest Mary Lynn said:

A Republican County Committee is at odds over an argument over Rule 44:13 and Rule 45:2. 

The Central Committee is comprised of four members.  Their task is to submit a nominee and alternate to serve on the County Election Board.  Two members wanted X and Y nominee and alternate and the other two members wanted A and B nominee and alternate.  There was no compromise and thus the vote ended with a tie vote. 

A and B claim that the vote fails under Rule 45:2.  X and Y claim that the Chair's decision (his vote for his candidates) is sustained as a tie breaking vote.  

Please advise.

 

If you're asking whether the chair gets two votes:  No!  One person, one vote.  No exceptions.

Now, the committee's task is not complete, so they will need to keep working at it until they can agree on people who can get a majority vote.