Can we set a deadline/cutoff time for credentialing in at a convention?

[Guest PAA]

We have a biennial convention where members who are properly credentialed can be voting delegates. That requires: 1) being approved by their union as a delegate ahead of time, 2) paying the Convention registration fee, and 3) paying the annual membership fee. 

Our Constution says: "In order to be eligible to vote for National Executive Board and National Executive Officers a Delegate must register his or her credentials with the Credentials Committee no later than 5:00 p.m. the day before the election." 

This is clear on voting in elections of the board. But, we also conduct voting on Resolutions and Amendments to the Constitution. In the past, we have applied the 5pm deadline to each day of Convention. (If you miss the 5pm cutoff on Thursday, then you cannot vote on business on Friday but will be able to vote on Saturday. This helps prevent a mad rush at the registration desk in the morning while business is happening.) 

This year, the Constution is being re-interpreted to remove the 5pm daily cutoff, out of belief that the Constution specifies the only deadline. However, it seems that the Constution is actually silent on any deadlines for voting on Resolutions and Amendments, and therefore we can apply a daily cutoff without violating the Constitution. What do folks think? 

Thanks in advance for the input!

[Gary Novosielski]

I think that whoever "we" is needs some authorization to deprive delegates of their voting rights and so far there has been no mention of any.

The Constitution is probably silent on whether I can charge admission to your convention.  Does that mean I am allowed to do it?  If the Constitution is silent, you fall back on the rules in your parliamentary authority (presumably RONR since you are here.)  And that says that convention rules are set by the Rules Committee.  But the rules have to be approved by the Convention, assembled.  Is that who you meant by "we"?

[Guest PAA]

I see. The officers of the board have taken authority of many of these decisions. The Constution Chair has approached this issue by saying that no deadline (except for voting in elections) can be set because it is not in the Constitution. 

However, there is a Rules Committee (separate) which will present draft rules to be voted on by the full body on the first day. However, they have not been apprised of or asked to weigh in on this change to past precedent. Would they have any authority on this, or would the Constitution Chair be able to overrule any other decision-making body?

[Josh Martin]

On 7/26/2023 at 7:56 PM, Guest PAA said:

We have a biennial convention where members who are properly credentialed can be voting delegates. That requires: 1) being approved by their union as a delegate ahead of time, 2) paying the Convention registration fee, and 3) paying the annual membership fee. 

Our Constution says: "In order to be eligible to vote for National Executive Board and National Executive Officers a Delegate must register his or her credentials with the Credentials Committee no later than 5:00 p.m. the day before the election." 

This is clear on voting in elections of the board. But, we also conduct voting on Resolutions and Amendments to the Constitution. In the past, we have applied the 5pm deadline to each day of Convention. (If you miss the 5pm cutoff on Thursday, then you cannot vote on business on Friday but will be able to vote on Saturday. This helps prevent a mad rush at the registration desk in the morning while business is happening.) 

This year, the Constution is being re-interpreted to remove the 5pm daily cutoff, out of belief that the Constution specifies the only deadline. However, it seems that the Constution is actually silent on any deadlines for voting on Resolutions and Amendments, and therefore we can apply a daily cutoff without violating the Constitution. What do folks think? 

A convention may certainly adopt rules governing the time, place, and manner in which delegates may register, to the extent those rules do not conflict with the constitution. I am inclined to think that the convention could (but need not) apply a daily cutoff if it wishes. I would say that a rule of this nature is somewhat unusual - generally, registration is open throughout business meetings (plus designated hours outside of business meetings) and registration is effective immediately. Notwithstanding this, I see no reason the convention cannot adopt such a rule if it wishes to do so.

It seems to me that the constitution requires a "cutoff" of this nature with respect to the National Executive Board and National Executive Officers, and that the cutoff for that item must be "no later than 5:00 p.m. the day before the election." In my view, this rule does not prevent the convention from adopting a general cutoff time, so long as the cutoff for elections remains the same as it is in the constitution.

There is a question, however, of who "we" is referring to. In my view, only the convention itself has the authority to adopt rules on this matter, unless the rules of the organization or the convention provide otherwise. Nothing in RONR would authorize the officers or a committee to adopt a rule of this nature. Unless and until such rules are adopted, I believe it is correct that the deadline is applicable only to elections for the National Executive Board and National Executive Officers, notwithstanding the organization's past erroneous interpretation to the contrary.

On 7/26/2023 at 11:49 PM, Guest PAA said:

I see. The officers of the board have taken authority of many of these decisions. The Constution Chair has approached this issue by saying that no deadline (except for voting in elections) can be set because it is not in the Constitution. 

However, there is a Rules Committee (separate) which will present draft rules to be voted on by the full body on the first day. However, they have not been apprised of or asked to weigh in on this change to past precedent. Would they have any authority on this, or would the Constitution Chair be able to overrule any other decision-making body?

I think the Constitution Chair's position on this matter goes too far. It would seem to me, however, that it is correct that there is presently no deadline except for voting in elections, and I would suggest that further deadlines can only be established by the convention itself, by inclusion in the convention standing rules.

Nothing in RONR grants the Constitution Chair the authority to "overrule" anyone, although I don't know what your rules say concerning this subject. It would seem to me that the Rules Committee is free to include a rule of this nature in its proposed rules if it wishes, and such a rule would ultimately need to be adopted by the convention to be effective. If the Constitution Chair (or others) believe that such a rule would conflict with the constitution, a member is free to raise a Point of Order concerning this matter, which the convention chair would rule upon, followed by an appeal if a member disagrees with the ruling. Ultimately, the convention itself will be the judge of whether such a rule conflicts with the constitution. (The convention will also be the judge of whether it wishes to adopt the rule on the merits.)

Edited July 27, 2023 at 11:24 AM by Josh Martin

[Guest PAA]

Thank you for the detailed thoughts! The reason we wanted to implement a cutoff (which is what our members have been used to for several years) is to avoid a stampede at the registration desk right when debate starts, because people knew they didn't have to meet a deadline before that. However, we have reached some kind of compromise for now. 

Appreciate the input on authorities as well. Several decisions have been removed from the hands of appointed committee chairs and given to the Constitution Chair or the officers to rule unilaterally, despite there being no organizational precedent or bylaws dictating that.