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August 7, 2012 Ms.

Demetra DeMonte Secretary of the Republican National Committee Attn: Committee on Contests 310 First Street, S.E. Washington, D.C. 20003 RE: Petition for Contest against the Vacancy Election of Ryan Call, Colorado Delegation to the 2012 RNC Credentials Committee

Ms. DeMonte, Enclosed please find three (3) typewritten copies of the Contest Petition and corresponding Exhibits, per RNC Rule 23. I believe that the Committee on Contests should carefully consider the implications of an invalid election for a Credentials Committee member who is also the Colorado State GOP Chairman, which, if allowed to stand, may bring unwanted national scrutiny to the Republican National Committee, the Republican National Convention, and Colorado --a declared swing state in the Presidential Election. Respectfully,

Florence Sebern Colorado Delegate, CD1 1140 S. Forest Street Denver, CO 80246 303-759-4080 (home) 720.245.3461 (cell)

In the matter of the Petition for Contest against the Election of Ryan Call, Colorado Delegation To the 2012 RNC Credentials Committee

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Motion to Set Aside Five-Day Rule August 7, 2012

MOTION TO SET ASIDE FIVE-DAY RULE Pursuant to the Rules of the Republican Party (“RNC Rules”) Rule 23(b), Contestant asks the Committee on Contests to set aside the five-day rule for submission after election in this instance, and consider the merits of the petition. This instance falls outside of a considerable portion of the scope of Rule 23 itself. The challenge is not to the delegate’s status as a delegate, but to the validity of his election to the vacancy position on the Credentials Committee. Contestant asks the Committee on Contests to carefully consider the implications of an invalid election for a Credentials Committee member who is also the Colorado State GOP Chairman, which, if allowed to stand, may bring unwanted national scrutiny to the Republican National Committee, the Republican National Convention, and Colorado, a declared swing state in the Presidential Election.

In the matter of the Petition for Contest against the Election of Ryan Call, Colorado Delegation To the 2012 RNC Credentials Committee

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Synopsis of Statement of Position August 7, 2012

STATEMENT OF POSITION IN OF SUPPORT OF CONTEST AGAINST THE ELECTION OF RYAN CALL, COLORADO DELEGATE, TO THE 2012 RNC CREDENTIALS COMMITTEE The election to fill a vacancy on the Credentials Committee from the Colorado Delegation was held improperly and the results are, therefore, invalid. Seating of any male delegate from the State of Colorado on the Credentials Committee must be prohibited until such time as the Colorado delegation convenes properly (in person) to conduct the election to fill the vacancy. The election is invalid because: 1. The election was held via electronic (email) vote with no meeting called. 2. Electronic meetings and elections are not authorized in the Colorado State GOP Bylaws. 3. Electronic meetings and elections are not authorized in the RNC Rules. 4. Unless electronic meetings and elections are specifically authorized in the organization’s bylaws, Roberts Rules of Order (RONR) does not allow for them. If electronic meetings are specifically authorized in an organization’s bylaws, RONR expressly advises adoption of particular, additional rules to govern them. 5. Colorado Republican State Central Committee Bylaws, Article VII, Section G, prohibits the use of a special meeting with written consent of the majority of the members, in the case of election of officers and the filling of vacancies in elected office. 6. Colorado Republican State Central Committee Bylaws, Article V, Section D (2), states that a vacancy in any elected office shall be filled by the members present and voting at a meeting to be called to fill the vacancy.

In the matter of the

) Contestant’s Statement of Position August 7, 2012

Petition for Contest against the ) Election of Ryan Call, Colorado Delegation ) To the 2012 RNC Credentials Committee )

STATEMENT IN POSITION OF SUPPORT OF CONTEST AGAINST THE ELECTION OF RYAN CALL, COLORADO DELEGATE, TO THE 2012 RNC CRENDENTIALS COMMITTEE I. Introduction Contestant Florence Sebern, Delegate-CD1, brings the petition against the election of Ryan Call, Delegate At Large (State Chairman, Colorado GOP) , to fill a vacancy on the Credentials Committee, held by electronic vote on July 19, 2012. Pursuant to Rules of the Republican Party (“RNC Rules”), Rule 17(c), Rule 23(b), and Rule 41(a), and contestant respectfully requests the Committee (1) declare the results of the improper electronic election held July 19, 2012, via email, invalid; and (2) prohibit the seating of any male delegate from Colorado on the Credentials Committee until such time as the Colorado delegation convenes properly (in person) to conduct the election to fill the vacancy. II. Statement of Facts There have been no meetings of the Colorado Delegation since the original meeting on April 14, 2012 after the Colorado State Convention, where the delegation met, in person, and voted for the delegation chairman, and the rules, credentials, arrangements, and platform committee members, per Colorado's Rule 15(e) filing. On June 25, 2012, Clement Koerber, Delegate-CD1, and elected member of the Credentials Committee, resigned (see Exhibit 1). His resignation created a vacancy. In a Colorado Delegation conference call on June 18, 2012, State GOP Chairman Ryan Call stated there had been a resignation on the Credentials Committee by the male delegate and a vacancy election would be held in the near future. Not all delegates were on

the conference call and there was no mention of the vacancy in the emailed notice of the conference call on June 15, 2012 (see Exhibit 2). On July 1, 2012, Contestant Sebern sent an email to GOP Chairman Ryan Call and CO Delegation Chairman Sean Conway, and asked, “What bylaws or rules, specifically, govern this vacancy election?” (see Exhibit 3, 4). Neither Chairman Call nor Chairman Conway responded. On July14, 2012 at a delegation party (see Exhibit 5), Chairman Conway stated the vacancy election would be held electronically and nominations were open. This party was a social event only, no meeting notice had been given, and not all delegates were present. Two nominations were made: Ryan Call and Luke Kirk. The vacancy election was held by email on July 18, 2012 (see Exhibit 6); results were announced via email on July 21, 2012 (see Exhibit 7). III. Legal Authority The RNC Rules do not provide for electronic meetings or electronic votes for the election of national delegates or national committee members (see Exhibit 8). The Colorado Republican State Central Committee Bylaws do not provide for electronic meetings or electronic votes for the election of national delegates or national committee members (see Exhibit 9). The Colorado Republican State Central Committee Bylaws provide for Action by Written Consent in Article VII, Meetings, Section G, states in full: “Except for the election of officers, or the filling of vacancies specified in Article V, Section D of these Bylaws, any action required to be taken at a special meeting of the CRC may be taken without a meeting if written or electronic consent shall be given by a majority of all the members of the CRC entitled to vote with respect to the subject matter thereof.”

The Colorado Republican State Central Committee Bylaws, Article V, Vacancies, Section D, states in its entirety: “1. A vacancy shall exist in the event of an officer’s or National Committeeman or Committeewoman’s ineligibility to hold office, death, resignation, removal, permanent absence, or permanent disability. The Executive Committee shall determine by majority vote whether sufficient evidence exists of permanent absence or permanent disability. 2. A vacancy in any elected office shall be filled by CRC members present or present by proxy and voting at a meeting of the CRC called to fill the vacancy. a. The Vice Chairman shall mail or otherwise transmit the call for a meeting to all members of the CRC within ten days of the vacancy in the office of the Chairman. This meeting shall be held within thirty days of the call. b. The Chairman shall mail or otherwise transmit the call of a vacancy occurs in the office of the Vice Chairman, Secretary, National Committeeman or National Committeewoman. 3. Vacancies occurring in any appointed office shall be filled in the same manner as the appointment was originally made.” Roberts rules of Order (RONR), 11th Edition, Chapter IV Meeting and Session, Section 9 Particular Types of Business Meetings, Electronic Meetings, page 97: “EXTENSION OF PARLIAMENTARY LAW TO ELECTRONIC MEETINGS. Except as authorized in the bylaws, (original emphasis) the business of an organization or board can validly be transacted only at a regularly and properly called meeting (original emphasis) – that is, as defined on pages 81-82, a single official gathering in one room or area – of the assembly of its members at which a quorum is present. Among some organizations, there is an increasing preference, especially in the case of a relatively small board or other assembly, to transact business at

electronic meetings (original emphasis) – that is, at meetings at which, rather than all participating members being physically present in one room or area, as in traditional (or “face-to-face”) meetings, some or all of them communicate with the others through electronic means such as the internet or by telephone. A group that holds such alternative meetings does not lose its character as a deliberative assembly (see page 1-2) so long as the meetings provide, at a minimum, conditions for opportunity for simultaneous aural communication among all participating members equivalent to those of meetings held in one room or area. Under such conditions, an electronic meeting that is properly authorized in the bylaws is treated as though it were a meeting at which all the members who are participating are actually present. If electronic meetings are to be authorized, it is advisable to adopt additional rules pertaining to their conduct (see Additional Rules for the Conduct of Electronic Meetings, below).” IV. Argument There have been no meetings of the Colorado Delegation since the original meeting on April 14, 2012 after the Colorado State Convention, where the delegation met, in person, and voted for the Delegation Chairman, Rules, Credentials, Arrangements, and Platform Committee members. A meeting to fill the vacancy of National Committeeman was held on August 3, 2012, in accordance with Colorado Republican State Central Committee Bylaws, Article 4, Section D (2), acknowledging that authority and proper procedure. (see Exhibit10) The proper procedure has not been employed in the purported election to fill the Credentials Committee vacancy.

V. Conclusion

There is no provision in the RNC Rules or the Colorado State Republican Central Committee Bylaws for electronic meetings and electronic voting. Roberts Rules of Order stipulates electronic meetings may be held only if an organization specifically authorizes electronic meetings in its bylaws and then expressly advises adoption of particular, additional rules to govern them. The Colorado Republican State Central Committee Bylaws, Article V, Section D (2) specifies the manner in which a vacancy is to be filled for an elected office. In accordance, a special meeting was held to elect a vacancy for the Colorado National Committeeman on August 3, 2012. No such meeting was called to elect a member of the delegation to the Credentials Committee vacancy, therefore 1) the email election to fill the vacancy on the Credentials Committee is invalid, and 2) the seating of any male delegate from Colorado on the Credentials Committee must be prohibited until such time as the Colorado delegation convenes properly (in person) to conduct the election to fill the vacancy.

Dated: August 7, 2012 Respectfully Submitted,

Florence Sebern, Colorado Delegate-CD1 1140 S. Forest Street Denver, CO 80246 (303) 759-4080 (home) 720-245-3461 (cell)

In the matter of the Petition for Contest against the Election of Ryan Call, Colorado Delegation To the 2012 RNC Credentials Committee

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Contestant’s List of Exhibits August 7, 2012

LIST OF EXHIBITS IN POSITION OF SUPPORT OF CONTEST AGAINST THE ELECTION OF RYAN CALL, COLORADO DELEGATE TO THE 2012 RNC CREDENTIALS COMMITTEE Exhibit 1 Exhibit 2 Exhibit 3 Exhibit 4 Exhibit 5 Exhibit 6 Exhibit 7 Exhibit 8 Exhibit 9 Exhibit 10 Resignation of Clement Koerber, Credentials Committee Member Notice of Colorado Delegation Conference Call Email: Florence Sebern to Ryan Call and Sean Conway Email Confirmation Receipt Call and Conway Colorado Delegation Party Invitation Email Ballot for Credentials Committee Vacancy Election Email: Sean Conway to Delegates Announcing Election Results Rules of the Republican Party, Adopted 2008, Amended 2010 Bylaws of the Colorado Republican State Central Committee, Amended 2011 Call to Vacancy Election for Colorado National Committeeman