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. Robert’s Rules permits the counting of delegate
votes on close elections.

Substitute State of California LULAC
2014 State Convention Rules

1. 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.

3. 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

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 five three 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 amended 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.
The Resolution Committee Chair shall read the resolution in its entirety and call for a vote. The
same time limit, number of speakers, and announcement as in rule 16 shall apply to this rule.
15. Any issue not covered by these Convention Rules will be determined by the proper provisions
within the LULAC National Constitution, By-Laws & Protocol, and Robert’s Rules of Order
(revised) in that order.
16. These adopted 2014 Convention Rules may be changed by a two-thirds vote of the assembly.
17. Delegates, alternates and guests must maintain proper decorum at all times. Whistles are not
allowed. Individuals intentionally disrupting election proceedings as determined by the
Convention Chair will be expelled from the floor.
18. Any individual that uses profanity, verbally threatens or attacks another member on or near the
voting floor be removed from the voting floor and that charges to expel the member for
“actions contrary to the principles of LULAC” be brought against the member by the presiding
officer at the next National or Executive Board meeting.

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