Welcome to Scribd, the world's digital library. Read, publish, and share books and documents. See more
Download
Standard view
Full view
of .
Look up keyword
Like this
0Activity
0 of .
Results for:
No results containing your search query
P. 1
Texas LULAC Rules

Texas LULAC Rules

Ratings: (0)|Views: 105 |Likes:
Published by vomeditor

More info:

Published by: vomeditor on May 05, 2014
Copyright:Traditional Copyright: All rights reserved

Availability:

Read on Scribd mobile: iPhone, iPad and Android.
download as PDF, TXT or read online from Scribd
See more
See less

05/05/2014

pdf

text

original

 
The Editor: The Editor will share with you the problems with Rule 6 and 13 in the proposed Rules for the Texas LULAC Convention to be held June 4 through June 8, 2014. The Texas LULAC General Assembly meets on Sunday, June 8, 2014 to vote for officers for Texas LULAC.
Rule 6
Rule number 6 does not follow the LULAC Constitution, Bylaws and Protocol (hereinafter referred to as the LULAC Constitution or constitution). The LULAC Constitution states: Rule 6 reads- Elections shall be by stand up vote and if election is too close to call a stand up row by row count will be taken. The Election Judge shall repeat the vote to the floor. The Constitution, Bylaws and Protocol of LULAC under Article VIII,  National Officers, Section 5, Election of National Officers, subsection d. states: 
“Voting in National ele
ctions shall by roll call, a show of hands, or secret ballot, as the Rules Committee may recommend and the National Assembly may approve. A vote by a show of hands would be within the Constitution. The interpretation of the wording of the Constitution is pretty elementary. This rule, while being unconstitutional, does not kill an election in LULAC. It does however set up another example of the LULAC Board, at state and at national, legislating rules that are not in the LULAC charter or the LULAC Constitution.
Rule 13
Rule 13 is a rule that can kill elections in LULAC, at the state and at the national level, since, as it turns out, is the same rule that is being used in California, National and now Texas, for the 2014 conventions. Rule 13 states: Challenges to any election must be issued to the State Legal Advisor immediately after the outcome is announced and  before another election has begun.
It shall take, as per Robert’s Rules of
 
Order (revised), a two-thirds vote to overturn all rulings made by the State Legal Advisor. This rule was used in the national convention in Las Vegas to deny the counting of votes in one of the votes taken at the convention.
Roger Rocha Explains How a Rule 13 is Used to Deny a Counting of Delegate Votes
Roger Rocha explained how the rule is used in LULAC during a deposition type examination conducted in the LULAC case in Arizona known as Soto, et al v. LULAC, et al. The examination was being conducted by Anthony Guajardo, the LULAC attorney in that case:
7 Q. Direct your attention to paragraph 12 of 8 Exhibit 14, again. 9 A. Yes, sir. 10 Q. And would you read that for the Court, please. 11 A. Yes, sir. [As read] Challenges to any election 12 must be issued to the national legal advisor immediately 13 upon the outcome -- after the outcome is announced and 14 before another election has begun. It shall take 15 two-thirds to overturn -- two-thirds vote to overturn any 16 ruling made by the national legal advisor.
Q. Is there a procedure whereby someone who disagrees with the -- the outcome of the election or that they saw the election differently, for them to call for -- or make a motion for -- or roll call vote? A. No. That -- that's -- that type of a motion would be out of the order.
 
Q. So what would be the proper way to challenge the election, if it was supposedly close or they disagreed with the counters? A. Sure. Specifically the way -- line item, what I just read. That is the procedure. If you look at the second -- if you look at that paragraph, any candidate that wants to challenge an election has to go to the national legal advisor. The national legal advisor will render his opinion whether to uphold or deny a recount. If --
Q. And was the national legal advisor present with you -- A. Yes, sir, that is correct, he was. Q. And who was that, sir? A. It is the gentleman sitting next to you, Mr. Escobar. Q. Mr. Escobar. And how far away were you sitting from -- from where -- A. He was sitting approximately -- there was one individual next to me and he was immediately after that individual. Q. And did he remain on the stage next to you the entire time during the election? A. Yes, sir, he did. Q. Did anyone approach or ask Mr. Escobar for a legal opinion because there were challenging any of the election process, either the election result or any other part of the -- A. There was one who was a candidate that ran for national president that asked that -- the election -- she challenged the election, and that was Ms. Mary Ramos. Q. She challenged the election against because she was running for national president against Margaret Moran; correct?

You're Reading a Free Preview

Download
scribd
/*********** DO NOT ALTER ANYTHING BELOW THIS LINE ! ************/ var s_code=s.t();if(s_code)document.write(s_code)//-->