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Substitute Motion for California Rules for 2014 State Convention

Substitute Motion for California Rules for 2014 State Convention

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Published by: Editor on May 10, 2014
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Proposal for Changing the Rules Proposed for the California LULAC Convention This set of rules for the California State LULAC Convention for 2014 changes the proposed Rule 4 to give the California LULAC General Assembly, the final authority in all LULAC matters, complete control of all voting that takes place at the convention, providing for a roll call vote that can be made from the floor if the Election Judge refuses to ask for one when the election outcome to too close to call. This substitute set of rules also removes the Legal Advisor by striking out in its entirety proposed Rule 10. Rule 6 is changed to permit the appointment of up to two counters by each candidate for office. Rule 7 is changed to have any question regarding the eligibility of a candidate to be decided by the General Assembly, the final authority in LULAC and not by an opinion of the Legal
Advisor, which would then require a 2/3’rds vote to over 
-ride. This substitute motion must be made in the form of a motion when the Convention Presiding Officer entertains a motion to adopt the Convention Rules. It will need a second and can be debated and further amended. . The objective in presenting this substitute motion is to avoid entertaining numerous amendments and handle the rules in one vast substitute motion. The LULAC Constitution states that the method to vote in LULAC shall be the method proposed by the Rules Committee and approved by the General Assembly. Do not let the Presiding Officer try to confuse you into telling you that
it shall take 2/3’rds vote to change the proposed rules and a simple majority
to approve the proposed rules for use as the convention rules. If the Presiding Officer does not allow the substitute rules, vote against their proposed rules. It should take a simple majority vote to have their rules approved. If you have the majority of votes, do not give them rules that they will use against you. If the Convention has no rules adopted by the General Assembly, the Constitution and
Robert’s Rules of Order Revised shall be the rules that govern parliamentary
procedure at the convention. The LULAC Constitution and
Robert’s Rules permit
the counting of delegate votes on close elections.
Substitute State of California LULAC 67
 2014 State Convention Rules
Only delegates, or alternates replacing a delegate, wearing their certified badges, will be allowed in the voting section. All other persons shall be seated in an observation area designated by the Credentials Committee. The only exception to this rule shall be to accommodate a physically challenged delegate or alternate who desires to be seated in a special area. 2.
 A member in good standing has the right to ask that non-members be removed from the election area. This shall include the news media.
 An Election Judge shall be appointed by the State Director to conduct the elections. The Election Judge shall appoint a Time Keeper and three Official Counters for all elections.
This Rule 4 should be replaced by the Rule 4 that appears below.
4. Elections shall be by stand up, show of hands, or roll call vote. The head of each delegation shall
announce his/her council’s vote and the Election Judge shall repeat the vote to the floor.
4. Elections shall be by stand up vote with a show of hands and if the election is too close to call, the Election Judge shall ask that the vote be taken by roll call, with the option, that when the Election Judge fails to do so, the General Assembly shall permit a motion from any delegate for a roll call vote, said request shall be made in the form of a motion and treated as a non-debatable, no-amendable motion,
to be voted on by a roll call vote
5 No delegate or alternate may have more than one vote in any one election. Voting in absentia shall not be allowed.
This Rule 6 is changed to permit up to two counters for each candidate. Everything else is left intact.
6. Each candidate has the right to appoint one two counters. However, the only official count for any election shall be that recorded by the three Official Counters.
Rule 7 is changed to prohibit illegal tactics that have the Legal Advisor disqualifying a candidate who is nominated for any LULAC position. The decision of the eligibility of a candidate is a matter for the General Assembly, not for the Legal Advisor. The added provision appears after the word
“question.” and appears in bold.
 The minimum number of councils needed for nominating from the floor shall be three instead of five, which is used for national floor nominations, having a higher threshold.
7. A candidate not previously announced, as per the LULAC National Constitution, may run from the floor provided that a written certification endorsement by the total accredited delegations of a minimum of 
 councils, including the
candidate’s home council, is made to the
 Election Judge prior to the time of nominations for the office in question
 , with the provision that no candidate may be determined to be ineligible to be a candidate for the office he/she is nominated for, except by a majority vote of the General Assembly. Challenges as to eligibility shall be treated as a motion that will need a second, with 5 minutes on each side, before  proceeding to a roll call vote. The motion may be ame
nded as provided in Robert’s Rules of 
 Order Revised.
8. Each candidate shall have five minutes for speeches which shall follow the closure of nominations for the office in question. 9. In elections where candidates are running unopposed their elections will be combined and held by acclamation. In elections in which more than two candidates are involved, and no one receives 50 percent plus 1 majority of the certified votes, the two candidates receiving the highest number of votes shall immediately go into a runoff. No speeches shall be allowed in runoff elections.
This Rule 10 should be striken in its entirety.
10. Challenges to any election must be issued to the National Legal Advisor immediately after the outcome is announced and before another election has begun. It shall take a two-thirds vote to overturn any ruling made by the National Legal Advisor. 11. The order of elections shall be as follows and will be conducted after resolutions/amendments are voted on:
State Director
State Deputy Director
State Deputy Director for Elderly
State Deputy Director for Women
State Deputy Director for Young Adults
State Deputy Director for Youth
State Treasurer
2016 Convention Site 12. First reading of Resolutions will be presented immediately after the Assembly is convened. 13. All resolutions must be type written and submitted in the form provided for in the LULAC website and submitted by a local council in good standing. Approved State resolutions must be submitted to the National Office within five days of passage. The Resolutions Committee shall read the resolved portion of each resolution and make its recommendation to the assembly. Discussion on each resolution shall be limited to two speakers for and two speakers against with each speaker having two minutes. A speaker must announce if he/she is speaking in favor of or against the resolution in question. 14. Resolutions from the floor shall be accepted. The resolution from the floor must be type written and submitted by using the form provided in the LULAC website and signed by the total registered delegation of the offering council. The written resolution from the floor must be presented to the Resolutions Committee and the State Director or his/her designee be notified.

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