Resolution
Recently there has been concern about how the Democratic National Committee represents party members’ will and considers party-members’ votes. LD26 State Committeeman Drew Williams presented this resolution at our recent Executive Board meeting:
WHEREAS the right to vote is a fundamental right enshrined in the U.S. Constitution.
WHEREAS the recognition of integrity of the people’s right to a fair and impartial election is an essential bulwark against tyranny as old as the Greek democracy and Roman republic.
WHEREAS the public expects those holding elections to conduct them impartially and evenhandedly and that the failure to do so breeds contempt and cynicism in the electorate and the party.
WHEREAS the Democratic National Committee (herein after the DNC) has, by virtue of its Charter and Bylaws, expressed its commitment to impartiality and fairness in the electoral process.
WHEREAS Debbie Wasserman Schultz and the DNC allegedly failed to conduct the 2016 primary in an evenhanded and impartial manner in violation of the DNC Bylaws and Article 5, Section 4 of the DNC Charter and were sued in a class action suit in the United States District Court for the Southern District of Florida Case 0:16-cv-61511-WJZ. Said class action suit alleges numerous instances wherein the DNC and Debbie Wasserman Schultz failed to conduct the democratic primary in an evenhanded and impartial manner in violation of the DNC Bylaws and Charter. The suit accuses the DNC of fraud, negligent misrepresentation, violation of DC Code section 28-3904, unjust enrichment, breach of fiduciary duty and negligence. Among other remedies the suit asks the court to enjoin the DNC to follow the Charter and Bylaws of the DNC.
WHEREAS in defense of said suit the DNC denied that it has an obligation to conduct the primary process in an evenhanded and impartial manner. The DNC called its own Bylaws and Charter unenforceable political promises.
WHEREAS the DNC defense attorney Bruce Spiva stated in said court that the impartiality clause is, “a discretionary rule that [the DNC] didn’t need to adopt to begin with.”
WHEREAS the DNC has placed its financial interests and desire to control the winner of the primary over the bedrock principles of conducting fair elections and enforcing its own rules.
WHEREAS the DNC has placed every state and local bylaw and charter as well as the delegate selection process in jeopardy by setting the example of calling its own Charter and Bylaws discretionary.
WHEREAS the DNC’s continued refusal to acknowledge its obligation to provide an impartial and even handed primary deepens the disaffection of certain elements within the democratic party.
THEREFORE BE IT RESOLVED:
- The Washington State Democratic Party hereby urges the DNC direct its attorneys to concede that its obligations stated in Article 5 Section 4 of the DNC Charter are enforceable and make a press release reaffirming its obligation to conduct an evenhanded and impartial election as determined by its Charter, Bylaws and applicable rules.
- The Washington State Democratic Party demands a status report from the DNC in regard to this resolution within 90 days.