2012-05 -18 (wdtn) - llf - plaintiffs' motion to file supplemental response w exhibits

7/31/2019 2012-05 -18 (WDTN) - LLF - Plaintiffs' Motion to File Supplemental Response w Exhibits

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UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

LIBERTY LEGAL FOUNDATION;JOHN DUMMETT;

LEONARD VOLODARSKY;

CREG MARONEY,

Plaintiffs

CASE NO: 2:12-cv-02143-cgc

v.NATIONAL DEMOCRATIC PARTY

of the USA, Inc.;DEMOCRATIC NATIONAL COMMITTEE;

DEBBIE WASSERMAN SCHULTZ, and

CHIP FORRESTER

Defendants

PLAINTIFFS MOTION TO FILE A SUPPLEMENTAL RESPONSE IN

OPPOSITION TO DEFENDANTSMOTIONS TO DISMISS

Pursuant to the Federal Rules of Civil Procedure and to aid this Court,

Plaintiffs move this Court for leave to file a supplemental response regarding

Defendants motions to dismiss (Docs.4-9). Grounds for this motion are that

Plaintiffs have become aware of relevant precedent that was not previously

disclosed to the Court; that the Defendants consolidated reply raised arguments

not previously raised by the Defendants or the Plaintiffs; and that Defendants

consolidated reply misrepresents relevant authority.

Case 2:12-cv-02143-STA-cgc Document 24 Filed 05/18/12 Page 1 of 2 PageID 293


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UNITED STATES DISTRICT COURT

FOR THE WESTERN DISTRICT OF TENNESSEE

LIBERTY LEGAL FOUNDATION;JOHN DUMMETT;

LEONARD VOLODARSKY;

CREG MARONEY,

Plaintiffs

CASE NO: 2:12-cv-02143-cgc

v.NATIONAL DEMOCRATIC PARTY

of the USA, Inc.;DEMOCRATIC NATIONAL COMMITTEE;

DEBBIE WASSERMAN SCHULTZ, and

CHIP FORRESTER

Defendants

PLAINTIFFS SUPPLEMENTAL RESPONSE IN OPPOSITION TO

DEFENDANTS MOTIONS TO DISMISS

I. Competitive-Candidate StandingDefendants consolidated reply asserts that Plaintiff Dummett and President

Obama are not opponents in any election. Doc. 23 at 4. This is incorrect. Pursuant

to Tennessee election law Plaintiff Dummett is a write-in candidate for the

Presidential general election. See Ex. 1 (State of Tennessee Certificate of Write-In

Candidacy). Plaintiff Dummett will be a candidate running for the same office in

the same election as candidate Obama. Plaintiff Dummett will certainly have a

Case 2:12-cv-02143-STA-cgc Document 24-1 Filed 05/18/12 Page 1 of 9 PageID 295


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better chance of winning if his ineligible competitor, candidate Obama, is not on

the Tennessee ballot. Standing is, therefore, established.

Defendants reply also implies that Plaintiff Dummetts chances of winning

the election make his status as a competitor candidate remote and speculative. Doc.

23 at 4. However, this argument has been rejected in similar cases. Drake v.

Obama, 664 F.3d 774, 783 (9th

Cir. 2011); Owen v. Mulligan, 640 F.2d 1130, 1133

(9th

Cir. 1981).

Defendants consolidated reply also claims that the Plaintiffs have

misrepresentedDrake v. Obama. Doc. 23 at 4-5; citing 664 F.3d 774. However,

the point made by the Plaintiffs in the instant case was that the Drake plaintiffs

lacked standing only because their case was moot, and that the instant case is

clearly not moot. This point was made in response to the Defendants assertion that

the instant litigation is not yet ripe. The Drake ruling strongly implies that the

instant case is ripe, and that the instant Plaintiffs have standing. See 664 F.3d at

782-3.

The Plaintiffs additionally cited Drake to illustrate that the 9th

Circuit

confirmed that the candidate-plaintiffs inDrake would have had standing had their

case not been moot. Id. While it is true that the DrakeCourts statement is dicta,

the Drake Court also cited other cases in which standing of candidate-plaintiffs

was confirmed. Id. at 782-783; citing Hollander v. McCain, 566 F.Supp.2d 63, 68



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(D.N.H. 2008); Tex. Democratic Party v. Benkiser, 459 F.3d 582, 586-87 & n.4

(5th

Cir.2006); Schulz v. Williams, 44 F.3d 48, 53 (2nd

Cir. 1994). Candidate-

standing is well established.Id.

II. New PrecedentThe Plaintiffs first response in opposition stated that no federal court had

ruled on the substantive issue presented by the instant litigation. Doc. 19 at 1.

Since submission of that document the Plaintiffs have become aware of one

Federal District Court that ruled that concluded It is well settled that those born in

the United States are considered natural born citizens. Tisdale v. Obama, No.

3:12-cv-36 (E.D.Va. Jan. 23, 2012) (Or. Dismissing complaint) (copy attached).

However, in support of this well settled conclusion the Tisdale Court cites dicta

from United States v. Ark (WKA), and Perkins v. Elg. As discussed in Plaintiffs

first response in opposition, dicta cannot overturn precedent. See Doc.19 at 4-6.

The Plaintiffs also note that the Tisdale Court ruled on this matter without

any briefing at all. In fact the order dismissing the case was an order granting the

pro se plaintiffs motion to proceed in forma pauperis. Id. The Court granted the

motion and in the same order dismissed the case.

The Tisdale Court also cites Hollander v. McCain, which decided a similar,

but different question related to Article II natural born citizen status. See 566

F.Supp.2d 63, 66 (D.N.H. 2008). The Hollander Court relied upon WKA to



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establish that all people born in the United States are citizens. It then cited dicta

fromSchneider v. Ruskfor its conclusion that such a citizen is thus eligible for the

presidency.Id., citing 377 U.S. 163, 165, (1964). It explicitly identified the

Schneidercitation as dicta.Id.

All of the referenced courts failed to recognize that the term citizen

includes all types of citizens, and the term natural born citizen is a specific and

legally distinct term which is different from the very broad term citizen. Natural

born citizen is a subset of the much-broader category citizen. These courts

essentially took dicta loosely discussing a broad category, and incorrectly assumed

that the discussion applies to all members of the category. Concluding that every

person born in the United States is an Article II-natural born citizen simply because

the WKA Court concluded that people born in the United States are citizens is

analogous to concluding that all buildings must be green because green buildings

are buildings. A member of the group does not define the group.

The non-binding precedent disclosed here does nothing to change the fact

that the Supreme Courts holding inMinor v. Happersett, defining the Article II

term natural born citizen, was part of that Courts holding and is therefore

binding precedent. See 88 U.S. 162, 167 (1874).

http://web2.westlaw.com/find/default.wl?mt=122&db=708&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2016612304&serialnum=1964104681&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=5CB506A7&rs=WLW12.04http://web2.westlaw.com/find/default.wl?mt=122&db=708&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2016612304&serialnum=1964104681&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=5CB506A7&rs=WLW12.04http://web2.westlaw.com/find/default.wl?mt=122&db=708&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2016612304&serialnum=1964104681&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=5CB506A7&rs=WLW12.04http://web2.westlaw.com/find/default.wl?mt=122&db=708&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2016612304&serialnum=1964104681&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=5CB506A7&rs=WLW12.04http://web2.westlaw.com/find/default.wl?mt=122&db=708&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2016612304&serialnum=1964104681&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=5CB506A7&rs=WLW12.04http://web2.westlaw.com/find/default.wl?mt=122&db=708&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2016612304&serialnum=1964104681&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=5CB506A7&rs=WLW12.04http://web2.westlaw.com/find/default.wl?mt=122&db=708&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2016612304&serialnum=1964104681&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=5CB506A7&rs=WLW12.04http://web2.westlaw.com/find/default.wl?mt=122&db=708&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2016612304&serialnum=1964104681&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=5CB506A7&rs=WLW12.04http://web2.westlaw.com/find/default.wl?mt=122&db=708&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2016612304&serialnum=1964104681&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=5CB506A7&rs=WLW12.04http://web2.westlaw.com/find/default.wl?mt=122&db=708&tc=-1&rp=%2ffind%2fdefault.wl&findtype=Y&ordoc=2016612304&serialnum=1964104681&vr=2.0&fn=_top&sv=Split&tf=-1&pbc=5CB506A7&rs=WLW12.04


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III. Tennessee Code Does Not Support Defendants AssertionDefendants reply reasserts their argument that the TNDP is the entity

responsible for submitting the name of the Democratic Partys nominee pursuant to

Tenn. Code Ann. 2-13-201. Doc. 23 at 10. The Defendants had previously

asserted that the TNDP is solely responsible for submitting the name of the

Democratic Party nominee to the TN Secretary of State. Doc. 5 at 18 (emphasis

added to contrast the statements). Their original filing had cited 2-5-201 in

support of this assertion.Id. These arguments were made in support of Defendants

unique legal argument that Defendants Schultz, DNC, and Forrester should be

dismissed because they are not responsible for the Conduct of which Plaintiffs

complain.1

Doc. at 10.

Due to the Defendants mis-citation in their original motion, the Plaintiffs

were unable to fully respond to this argument. However, the Plaintiffs did search

TN election code and were unable to find any Tennessee code that supported the

Defendants assertion that the TNDP is solely responsible for submitting the name

of the Democratic Party nominee to the TN Secretary of State. Now that the

Defendants have corrected their citation to code, the Plaintiffs are still unable to

1Claiming that a defendant is not responsible to commit an act is not a valid defense when

evidence can show that the defendant has performed the act in the past and will, in fact, perform

the act again. In other words, the fact that the defendants job description does not require themto perform an act does not mean that they wont perform the act. It certainly does not justify

dismissal.



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find any code that supports Defendants assertion. Apparently the Defendants are

also unable to find any such code because they changed their statement.

While it may be true that the TNDP couldcertify candidate Obama to the

Tennessee Secretary of State, it is also true that the DNC, or the Chairman of the

TNDP, or the Chairman of the DNC could also send such a certification and have

it accepted by the TN SOS. As pointed out in Plaintiffs first response in opposition,

the DNC and its Chairman have, historically, performed this function. This is not

surprising because the TNDP is simply an agent and of the DNC, as is reflected in

the TNDPs bylaws. See Ex. 2. This is precisely why Schultz, Forrester, and the

DNC were named as parties to the instant litigation, and why they are necessary

parties.

IV. Constitutional SupremacyThe Defendants reply concluded with the statement The remainder of

Plaintiffs arguments in opposition to the instant Motions, e.g., the power of the

majority, human rights, etc., constitutes empty rhetoric absent any basis in law.

Doc. 23 at 13.

The empty rhetoric referred to by the Defendants is Plaintiffs reliance

upon the U.S. Constitution to defend basic human rights against a tyrannical

majority. These arguments were made in direct response to the absurd arguments

asserted by the Defendants that a popular vote preempts the Constitution and that



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enforcing the Constitution doesnt protect basic human rights. See Doc. 5 at 10 &

11, respectively. Contrary to the Defendants statement, the U.S. Constitution

provides adequate basis in law. See U.S. Const. Art. VI (Supremacy Clause).

The Plaintiffs first response in opposition requested that this Court judicially

notice the fact that enforcing the U.S. Constitution will, without doubt, enhance

basic human rights. Doc. 19 at 8. The Defendants shocking disregard for the

founding principles of our nation as empty rhetoric absent any basis in law,

reinforces the urgent need for a statement from this Court judicially noticing that

enforcement of the U.S. Constitution will enhance basic human rights.

The Defendants statements demonstrate that when the Constitution is not

enforced lawyers representing national political parties argue in court that the

founding principles of our nation are empty rhetoric absent any basis in law.

V. ConclusionFor the reasons set forth herein, the Defendants motions to dismiss must be

DENIED.

Respectfully submitted on the 27th

Day of Ziv, in the year of our Lord 2012

(a.k.a. May 18, 2012).

_s/Van R. Irion_________________

Van R. Irion

Liberty Legal Foundation

9040 Executive Park Drive, Ste. 200



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Attorney for Plaintiffs

(423) 208-9953



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CERTIFICATE OF SERVICE

It is hereby certified that on 27th

Day of Ziv, Year of our Lord 2012 (a.k.a.

May 18, 2012), a copy of Plaintiffs Supplemental Response in Opposition to

Defendants Motions to Dismiss was filed electronically. Parties may access this

filing through the Courts electronic filing system. A copy of this motion will also

be served upon the Defendants via mail.

_s/Van R. Irion_________________

Van R. Irion

Liberty Legal Foundation

9040 Executive Park Drive, Ste. 200

Attorney for Plaintiffs

(423) 208-9953



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BYLAWS

TENNESSEE DEMOCRATIC EXECUTIVE COMMITTEE

approved 1/28/89, updated 1/26/91, revised and amended 5/22/99, amended 01/12/02,

amended 5/3/03, amended 09/13/03, amended 01/15/06, amended 08/29/09, amended 01/23/10,

amended 10/01/11

ARTICLE I: NAME

The name of the organization shall be the Tennessee Democratic Executive Committee,

hereinafter referred to as the Committee.

ARTICLE II: OBJECT

The object of this Committee shall be to promote the ideals and principles of the

Democratic Party and to assist in the election of Democratic nominees.

ARTICLE III: POWERS AND RESPONSIBILITIES

SECTION 1. The Committee shall be vested with such power and authority as granted to itsubject to the Laws of the State of Tennessee, which shall include, but not limited

to, those responsibilities set out below.

SECTION 2. Among the responsibilities of the Committee are:(a) Deciding if and when to have State Party conventions and the planning and

directing of such conventions.

(b) Establishing the procedure for the selection of Party nominees for whom theprocedure is not established by statute (see TCA 2-13-202, 203).

(c) Establishing the procedure for the selection of members of the Democratic

National Committee, subject to the mandates of the Democratic NationalCommittee.

(d) Establishing the procedure for selecting delegates to the Democratic National

Convention (see TCA 2-13-301 through 320), subject to the mandates of theDemocratic National Committee.

(e) Functioning as the State Democratic Primary Board (see TCA 2-13-102, et seq.).

(f) Establishing the procedures and rules for the organizing and functioning of

County Democratic Executive Committees and maintaining close relationshipwith such committees.

(g) Establishing a State Party Headquarters and being responsible for the operation of

said headquarters.

(h) Deciding how the Committee will conduct, or will aid in the conduct of, astatewide campaign for the election of Democrats.

(i) Providing for the keeping of records. Among these records shall be a current list

of all county committees of the State Party, the minutes of the meetings of thisCommittee and complete financial reports made by the Treasurer.

(j) Performing all functions necessary and proper for the conducting of the affairs of

the Tennessee Democratic Party.

(k) Setting the date and the time for County Reorganization, which shall be in theodd-numbered years, as allowed by law.



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(l) To the maximum extent allowed by law, the Tennessee Democratic Executive Committee

shall insure that Party nominees for elected offices are bona fide Democrats. In the eventthat a county party, in compliance with its Bylaws, challenges a candidate for any office

be it local, county, state or federal, against appearing on the ballot as a Democrat for

failing to vote in at least three of the immediate prior five Democratic primaries, thechallenge shall be referred to the County Party Development Committee which shall by a

simple majority vote of the members make a recommendation to the State Party Chair.The Chair shall decide whether or not the candidate may appear on the ballot as a

Democrat. The county party or the candidate has the right to appeal the Chairs decisionto the full Executive Committee which may overturn the Chairs decision by a two-thirds

vote of those present. The county party, Party Chair or the Executive Committee shallhave the right to waive the foregoing prohibition against a candidate appearing on a ballot

as a Democrat for good cause and when justice so requires.

SECTION 3. This Committee shall approve a budget formulated by the finance committee.

ARTICLE IV: MEMBERS

SECTION 1. This organization shall be composed of members chosen according to State Law

(TCA 2-13-103). All members shall be bona fide members of the DemocraticParty.

SECTION 2. Vacancies shall be filled according to State Law (TCA 2-13-105).

SECTION 3. Any member who is unable to attend a meeting of this Committee for cause,

including, but not limited to health problems or the death of a family member,shall timely notify the Chair of his or her inability to attend. If a member other

than members described in Article IV 4 and 5, of the Bylaws misses two (2)

consecutive meetings without notifying the Chair of an acceptable excuse set outabove, the Executive Director shall notify the Bylaws Committee and a letter shall

be sent by registered or certified mail, return receipt requested, to that member by

the Chair notifying the member to appear before the Bylaws Committee at the

next meeting of the Committee at the published time and place to show cause, ifany he or she may have, why the member should not be expelled. The Bylaws

Committee shall report its findings and any recommendations to the Executive

Committee, which shall vote whether or not to approve the recommendation of

the Bylaws Committee. The Chair shall immediately notify the member, byletter, of the action of the Executive Committee. If the member is expelled, the

Executive Committee shall fill the vacancy at the next meeting of the Committee

to serve until a successor is chosen at the next regular August election.

SECTION 4. Tennessee State Senate and Tennessee State House of Representatives

Democratic Caucus Leaders shall serve as ex officio (voting) members of the

Committee to facilitate communication between the bodies and to advance goalsof Democrats in the State of Tennessee.



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SECTION 5. One (1) member designated by the Tennessee Federation of Democratic Women,one (1) member designated by the Tennessee Young Democrats, one (1) member

designated by the Tennessee Democratic County Chair Association, and one (1)

member designated by the Tennessee Federation of College Democrats shall serveas ex officio (voting) members of this Committee to facilitate communication

between the bodies and to advance goals of Democrats in the State of Tennessee.

ARTICLE V: OFFICERS

SECTION 1. The officers shall be a Chair, a Vice Chair who shall be of opposite sex from the

Chair, six (6) Regional Vice-Chairs who shall be one (1) male and one (1) female

from each Grand Division of the State, a Secretary and a Treasurer. The Chair

and Treasurer shall not be required to be members of this Committee; however,

the Vice-Chair, the Regional Vice-Chairs and the Secretary must be chosen fromthe membership of this Committee.

SECTION 2. Officers shall serve terms of two (2) years or until their successors are chosen.

SECTION 3. The election of officers shall be conducted at the January meeting in oddnumbered years,

at which time successors for the current officers will be elected. Elections for each office

shall be in accordance with these rules where there is more than one person running forthe office.

SECTION 4, Any officer may be removed from office for malfeasance or incapacity by a majority vote

of the total Committee membership.

SECTION 5. A vacancy caused by the death or resignation of an officer shall be filled at the

next meeting by a majority vote of those members in attendance.

ARTICLE VI: DUTIES OF OFFICERS

Duties of the officers shall be those set out in the parliamentary authority adopted by this

Committee with the following additions:

SECTION 1. It shall be the duty of the officers of this Committee to elect Electoral College

members after the Democratic National Convention selects its nominee for the

presidency of the United States but prior to the deadline for submission of the listof electors as required by the statutes of the State of Tennessee.

SECTION 2. The Chair shall be the general executive officer and shall be an ex officio memberof all sub-committees. If the Executive Committee determines that the Chair

should be a full time paid staff member, he or she shall assume all duties of the

Executive Director in the event that an Executive Director is not also employed.

The Chair, whether or not a full-time paid staff member, shall be empowered toemploy and dismiss an Executive Director. In the event that the Chair is not a

full-time paid staff member, the Executive Director shall administer the daily



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operations of the State Democratic Party including, but not limited to, employing

and dismissing office personnel as duly budgeted. In the event that the Chair isfull-time paid staff member, he or she shall administer the daily operation of the

State Democratic Party Office including, but not limited to, employing and

dismissing officer personnel as duly budgeted. In that event, the Chair shall, inhis or her sole discretion, assign to the Executive Director, or retain any such

administrative responsibilities, as he or she may deem proper.

SECTION 3. The Vice-Chair shall perform all the duties of the Chair in his or her absences or

during the time the Chair is disabled; and in the event the Chair resigns, heor she shall serve until a successor is elected.

SECTION 4. The Regional Vice-Chairs shall serve as liaisons with the Democrats in their

regions.

SECTION 5. The Secretary shall mail to all members within ten (10) days after every meeting a

copy of the minutes.SECTION 6. The Treasurer, or his/her authorized designee, shall pay all bills properly incurredand sign all checks. The books of the Treasurer shall be audited annually.

ARTICLE VII: MEETINGS

SECTION 1. Regular meetings shall be held twice yearly; the first shall be held in January. The Chair may call a meeting at any time and shall do so whenever requested in

writing by ten (10) members. The Chair shall designate and give written notice ofa proposed meeting date at least forty-five (45) days prior to meeting date unless

on an emergency basis, then the chair may call a meeting upon fourteen (14) days

notice. Written notice of all meetings shall be sent to all members at leastfourteen (14) days in advance of such meetings, stating time, place and business

to be transacted.

SECTION 2. A quorum for the transaction of business shall be forty (40%) percent of the

membership.

SECTION 3. Neither proxies, nor voting by the unit rule, nor secret ballot shall be allowed atany meeting of this Committee, nor at any meeting called under the auspices of

the Tennessee Democratic Party, nor at a meeting of any committee thereof.

SECTION 4. With respect to elections which require that persons be elected from each of thethree Grand Divisions of the State of Tennessee (East, Middle and West)

including, but not limited to, Regional Vice-Chairs, and Supreme Court nominees,

the order of election shall be determined by lottery prior to the meeting at whichthe election(s) is to be conducted.

SECTION 5. The requirement of written notice of any meeting of the Committee is fulfilled by postal

mail delivery or by electronic mail. Postal mail delivery of notices of meetings shall only

be required when a member of the Committee notifies the Chair of that preference.



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ARTICLE VIII: COMMITTEES

SECTION 1. The Chair may establish committees, as he or she deems appropriate.

SECTION 2. The organization shall have the following standing committees with the followingspecified duties. The Chair shall appoint the members of committees and shall designatethe chair or chairs of each committee:

(a) County Party Development Committee shall consist of a minimum of seven(7) members of the State Executive Committee, appointed by the Chair to serve

for two years. Strong county parties are the foundation of a strong state party and

this Committee should be directed to help and assist in the growth and

development of those vital building blocks. There are three main functions of this

committee:

(1) to serve as an institutional resource to help county parties grow andprosper,(2) to develop a minimum set of requirements that a state sanctioned County

Democratic Party must observe to be certified as a County Party and

(3) to monitor county compliance with those minimum standards.

(b) Finance Committee shall by appointed by the Chair, with the approval of the

Committee, and shall consist of five (5) members of the Committee, with the

Treasurer and the Chair serving as ex officio voting members. The immediate pastChair shall serve as an ex officio non-voting member. This committee shall set the

budget and review financial reports on a quarterly basis and approve emergency

expenses on a case-by-case basis.

(1)Beginning in 2006, the Chair shall appoint the members of the FinanceCommittee in January of even numbered years for terms of two (2) years.

(c) Bylaws Committee shall consist of a minimum of five (5) members of the

Committee, appointed by the Chair to serve for two years. The primary functions

of the Bylaws Committee are:

(1) to propose bylaws amendments or substitutions to the Committee in

compliance with ARTICLE XIV and

(2) to make recommendations for expulsion or retention of members with two(2) or more consecutive unexcused absences to the Committee in

compliance with ARTICLE IV, SECTION 3.

(d) Youth Mentoring Committee shall consist of a minimum of five (5) members of

the Committee, appointed by the Chair to serve for two years. The primary

functions of the Youth Mentoring Committee are:



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(1) to serve as a liaison between the Committee and the Tennessee Young

Democrats, the Tennessee Federation of College Democrats and otherDemocratic youth organizations,

(2) to assist in recruitment and training of new members of Democratic youth

organizations and(3) to facilitate active involvement of youth in the Democratic Party.

(e) Regional Resource Center Oversight Committee shall consist of a minimum offive (5) members of the Committee, appointed by the Chair to serve for two years.

The primary functions of the Regional Resource Center Oversight Committee are:

(1) to serve as a liaison between the Committee and Regional Resource

Centers and

(2) to provide oversight and assistance to Regional Resource Centers.

ARTICLE IX: MEMBERS OF THE DEMOCRATIC NATIONAL COMMITTEE

The Chair and Vice-Chair of this Committee shall serve as members of the DemocraticNational Committee. This Committee shall elect the other members of the Democratic National

Committee in the calendar year of the Democratic National Convention, in accordance with the

rules promulgated by the Democratic National Committee, including the number of members.

ARTICLE X: DELEGATES TO THE DEMOCRATIC NATIONAL CONVENTION

The method of selecting delegates by this committee as well as the number of delegatesand the makeup of the delegation as to race and gender and in all other respects shall be

conducted in conformity with the rules adopted by the Democratic National Committee.

ARTICLE XI: JUDICIAL OFFICE NOMINATIONS

The Committee shall nominate candidates for judicial office under the followingprocedures.

SECTION 1: Supreme Court Nominations.

In accordance with the authorization contained in TCA 2-13-203, theCommittee is authorized to nominate candidate(s) for the office of justice of the

Supreme Court of Tennessee to be the nominee(s) of the Democratic Party in

any regular election for a full term of office or any special election to fill one ormore unexpired terms. Nomination of candidates by the committee may be madeat any duly called meeting upon 14 days prior notice to the members of the

committee and upon such prior public notice be ordered by the Supreme Court to

be filled in the ensuing election shall be by majority vote of the Committee asdefined in these bylaws.

SECTION 2. Trial Judges and Attorney General - Multi-County Districts.



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When there is to be an election for the office of District Attorney General,

trial level judge, or Public Defender, the chairperson of each County DemocraticExecutive Committee in a multi-county judicial district shall serve as a member of

the judicial nominating committee.

The Chair of the State Democratic Executive Committee shall serve as an

ex officio member of each committee established herein. By January 10 th,immediately preceding the August election, any County Chair may, by writtenrequest, notify the State Chair of the desire for a primary election in any of the

above named offices. Thereafter, the Chair of the State Democratic Executive

Committee shall issue a call for a meeting of the same, not later than January 15 th,immediately preceding the August election. If said meeting is not held in

accordance with this provision, then candidates for judicial office will be allowed

to run for election on a non-partisan basis. In the event any judicial nominating

committee member appointed according to the procedure set out above shall be

unable to attend said meeting, a replacement may be appointed in writing by theappropriate County Democratic Executive Committee Chairperson. Said

replacement appointment must be made no later than one day prior to the date ofthe meeting.

At such meeting, the judicial nominating committee shall determine

whether to:

(1) Call for a May primary in each county in order to nominate judicialcandidates; or

(2) Call for a multi-county convention for the purpose of nominating

judicial candidates; or(3) Allow candidates for judicial office to run on a non-partisan

basis.

Each County represented in the meeting shall be entitled to one (1) vote.

The Chair of the State Democratic Executive Committee shall not vote except in

the event of a tie vote. All questions regarding the method of choosing candidatesfor judicial office shall be decided by majority vote of those present. In the event

a tie exists between counties desiring a May primary, counties desiring a

multicounty convention and/or counties desiring to allow candidates for judicial

office to run on a non-partisan basis, the State Chair shall decide the method ofselection. The Chair may determine alternatively that those counties not holding

primaries shall be deemed to have waived their part of the nominating process and

agree to be bound by the results of the primary. In the event a majority of counties

represented at the meeting desire a multi-county convention but a minority ofcounties represented do not desire to take part, then those counties not

participating may alternatively be determined by the chair to be deemed to have

waived their part of the nominating process and agree to be bound by the resultsof the nominating convention.

If a convention is held, each county shall be entitled to the same number

of delegates as it had at the most recent Congressional District Convention for theselection of delegates to the National Democratic Convention. The manner of



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selection of delegates to the convention shall be conducted in accordance with the

rules of the Democratic National Committee and the Tennessee Democratic Party.

ARTICLE XII: RESOLUTIONS

All proposed resolutions must be submitted to the Chair or Secretary in writing at least

twenty-one (21) days in advance of the meeting at which they will be considered. The Chair inturn will submit the resolutions to every member of the Committee at least fourteen (14) daysprior to the meeting at which the resolution is to be considered. Emergency resolutions may be

brought before the body by consent of two-thirds majority of those present.

ARTICLE XIII: PARLIAMENTARY PROCEDURE

The rules contained in the current edition of Roberts Rules of Order, Newly Revised

shall govern this committee in all cases to which they are applicable and in which they are not

inconsistent with the Bylaws and any special rules of order which may be adopted.

ARTICLE XIV: AMENDMENTS

These Bylaws may be amended or substituted by a two-thirds vote of the total

membership at any meeting of this Committee; provided, however, that the exact wording of the

proposed changes shall be incorporated in the notice of the meeting sent at least fourteen (14)

days prior to such meeting to all members.

Duly adopted by vote of the Tennessee Democratic Executive Committee this 23rd day of

January, 2010.

_____________________________

Chip Forrester, Chair

_____________________________

Gale Jones Carson, Secretary



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