labradore

"We can't allow things that are inaccurate to stand." — The Word of Our Dan, February 19, 2008.

Wednesday, January 05, 2011

Rules of engagement

For the record, posterity, and interest, the portions of The Party's The Constitution which deal with the unlikely eventuality of a contested leadership race. This does not include the portions of TPTC which deal with the mechanics of leadership transition between the resignation of the old leader and the close of nominations for the leadership.

In case it's not already obvious, this is an old iteration of the relevant provisions. The reference to "52 districts" is the blatant tip-off, given that the House of Assembly was reduced to 48 members in the redistribution that came into effect in 1996.

It makes it slightly surprising, then, that these are the rules that were in force the last time The Party got a new leader, which was after 1996.

* * *

Constitution of the Newfoundland and Labrador Progressive Conservative Party

APPENDIX A - RULES FOR LEADERSHIP CONVENTION


TABLE OF CONTENTS

PART I - GENERAL
1. PURPOSE
2. DEFINITIONS
3. APPLICATION OF THE CONSTITUTION
4. CONVENTION COMMITTEE
5. CONVENTION CO-CHAIRPERSONS
6. RULES COMMITTEE
7. CREDENTIALS
8. CHIEF ELECTORAL OFFICER AND ELECTORAL OFFICERS
9. CANDIDATE LIAISON COMMITTEE
10. FINANCIAL COMPLIANCE COMMITTEE
11. LOCAL ORGANIZING COMMITTEE
12. HOSPITALITY CHAIRPERSON
13. ADDITIONAL RULES
PART II - NOMINATIONS AND CANDIDATE ACCREDITATION

1. CANDIDATE QUALIFICATION
2. NOMINATIONS
3. CANDIDATE'S ENTITLEMENT
PART III - DELEGATE SELECTION

1. ANNUAL GENERAL MEETING AND DELEGATION SELECTION MEETINGS
2. ELIGIBILITY TO VOTE OR SEEK DELEGATION STATUS
3. EXECUTIVE AND DELEGATE LIST
4. DISTRICT ASSOCIATIONS
5. YPC DISTRICT ASSOCIATION AND POST SECONDARY CAMPUS CLUBS
6. PROGRESSIVE CONSERVATIVE WOMEN'S ASSOCIATION AND YPC
7. MEMBERS WHO ARE AUTOMATIC DELEGATES
PART IV - OFFICIAL AGENT

1. OFFICIAL AGENT
2. FINANCIAL
3. CANDIDATE DISQUALIFICATION
4. AUDITOR
5. CAMPAIGN EXPENSES
6. CONTRIBUTIONS
7. DISCLOSURE
8. CANDIDATE EVENTS
PART V - CONVENTION PROCEEDINGS

1. HOSPITALITY SUITES
2. CONVENTION FACILITIES
3. ALTERNATE DELEGATES
4. DELEGATE AND ALTERNATE REGISTRATION
5. NOMINATION SPEECHES
6. DEMONSTRATIONS
7. RECORDING CONVERSATIONS
8. ENTITLEMENT TO VOTE
9. BALLOTING PROCEDURES
10. BALLOTING
11. SCRUTINEERS
12. ACCESS TO CONVENTION FLOOR
PART I - GENERAL

1. PURPOSE

These rules have been established under the By-Laws of the Progressive Conservative Party of Newfoundland and Labrador to govern the choosing of Leaders of the Progressive Conservative Party of Newfoundland and Labrador in a Leadership Convention.

2. DEFINITIONS
In this appendix, the following terms are used as defined below:

Party The Progressive Conservative Party of Newfoundland and Labrador.

Leader The Leader of the Progressive Conservative Party of Newfoundland and Labrador.

Constitution The Constitution of the Progressive Conservative Party of Newfoundland and Labrador.

Executive The Executive Committee of the Progressive Conservative Party of Newfoundland and Labrador to choose a new Leader for the Party.

Convention A meeting of the Progressive Conservative Party of Newfoundland and Labrador to choose a new Leader for the Party.

YPC Young Progressive Conservatives of Newfoundland and Labrador.
3. APPLICATION OF THE CONSTITUTION

The proceedings for delegate selection, annual general meetings of affiliated associations, and the operation of the Convention shall be governed by the Constitution, together with the constitution of each of its affiliated associations, including district association, youth groups, the Women's Association, and other accredited groups. The Constitution shall be the final authority in the case of conflict with the constitution of any of the other groups listed in this section.

4. CONVENTION COMMITTEE

The Executive shall establish a Convention Committee, chaired by two Co-chairpersons. The Convention Committees shall have the general responsibility for all matters pertaining to the Convention. The Convention Committee shall establish the dates and times for the following milestones:



the official start of the leadership campaign,
the Convention,
the close of nominations,
the withdrawal of candidates,
the submission of association executive lists,
the submission of association delegates lists,
the pre-registration of automatic ex-officio delegates,
the pre-registration of other delegates and alternates,
the registration of delegates and alternates at the Convention,
the opening of hospitality suites at the Convention.
5. CONVENTION CO-CHAIRPERSONS

The Co-chairpersons of the Convention Committee shall have overall responsibility for the co-ordination and organization of the Convention Committee and the Convention. The Co-chairperson shall be entitled to engage legal counsel to provide continuing advice and assistance throughout the course of the pre-Convention and Convention activities.

6. RULES COMMITTEE

A. Pursuant to the Constitution, the Provincial Executive shall appoint a Rules Committee to formulate the rules governing the appointment and selection of delegates, annual general meetings of affiliated associations, and the conduct of the Convention. The Rules Committee shall have a chairperson and not less than two or not more than four additional members. Challenges of decisions made by Convention committees or officers shall be decided by the Rules Committee. Appeals shall be in writing and shall be delivered to the Rules Chairperson within three days of the rending of the decision which is sought to be appealed. Additional procedures for the filing of an appeal are as set forth in Part I, Section 6C of these Rules.

B. The Rules Committee shall be the final level of appeal from decisions of the Credentials Committee, Chief Electoral Officer, and other subcommittees formed by the Convention Committee or officers of the Convention unless otherwise specified herein.

C. Procedures for Appeal
(1) All challenges must be directed in writing to the Chairperson of the Rules Committee at any reasonable time, within three days of a decision of a Convention committee or officer, or the events giving rise to the challenge.

(2) A challenge concerning proceedings of a general meeting to select delegates for an affiliated association must be signed by a minimum of 10% of the voting members in attendance at the meeting.

(3) An appeal, including appeals regarding general meetings for delegate selection, must designate an individual and address at which subsequent documents respecting the appeal may be served, and must designate a spokesperson authorized to speak on behalf of the members filing the appeal.

(4) Upon receipt of an appeal, the Chairperson of the Rules Committee will provide not less than seven days notice to the designated spokesperson filing the appeal and other parties whose attendance is requested by the Chairperson of the Rules committee as to the time and place of the meeting to hear the appeal.

(5) The parties to whom the notice described in paragraph (4) above are delivered may appear in person or be represented by a person appointed in writing. Each person or representative shall be given the opportunity to speak and present their position at the meeting, upon such terms and conditions as are deemed reasonably by the Chairperson of the Rules Committee.

(6) All decisions of the Rules Committee shall be given in writing within three days.

(7) Time allowances specified for appeals may be modified at the discretion of the Rules Committee Chairperson as circumstances dictate.
7. CREDENTIALS COMMITTEE

The Credentials Committee of the Party shall make all determinations concerning the issuing of credentials for delegates to the Convention and shall accredit the candidates applying to run for leader of the Party. The decisions of the Credentials Committee may be appealed to the Rules Committee.

8. CHIEF ELECTORAL OFFICER AND ELECTORAL OFFICERS

A. The Chief Electoral Officer will be appointed by the Convention Committee. The Regional Vice-presidents of the Party or their designates shall be the Electoral Officers. Additional Electoral Officers may be appointed by the Chief Electoral Officer.

B. The Chief Electoral Officer and Electoral Officers shall have responsibility for the conduct of all delegates selection meetings and annual general meetings of affiliated associations. The Chief Electoral Officer shall also have the responsibility for the conduct and administration of balloting at the Convention.

C. The Chief Electoral Officer shall have the authority to appoint deputy returning officers, poll clerks, security persons and such other individuals as required to assist the Electoral Officers in the discharge of their duties in respect of the delegates selection meetings, and annual general meetings of affiliated associations, and the conduct of the voting at the Convention.

9. CANDIDATE LIAISON COMMITTEE

The Convention Committee shall appoint a Candidate Liaison Committee chaired by a Chairperson. The Candidate Liaison Committee shall have at least one other member but not more than two additional members. The Committee shall be responsible to see that all Candidates are well informed and to discuss and advise on the overall requirements as established by the Rules Committee and other Convention committees.

10. FINANCIAL COMPLIANCE COMMITTEE

The Convention Committee shall appoint a Finance Compliance Committee chaired by a Chairperson. The Finance Compliance Committee shall have at least one other member. The committee shall be responsible for ensuring Candidates abide by the rules established by the Rules Committee with regard to contributions and expenses.

11. LOCAL ORGANIZING COMMITTEE

A Local Organizing Committee shall be appointed and shall be responsible to the Convention Committee for local preparation for the Convention.

12. HOSPITALITY CHAIRPERSON

The Hospitality Chairperson will have responsibility for policing the operation of hospitality suites and shall have the authority, in appropriate circumstances, to order a hospitality suite closed should candidates fail to obey the rules and procedures for the operation of hospitality suites. The Hospitality Chairperson shall be appointed by the Convention Committee.

13. ADDITIONAL RULES

The Rules Committee may from time to time make additional rules with respect to the administration of the Convention as it sees fit. The rules shall have full force and effect once they are approved by the Rules Committee and may, at the discretion of the Rules Committee, be deemed to be retroactive.


PART II - NOMINATIONS AND CANDIDATE ACCREDITATION

1. CANDIDATE QUALIFICATIONS
Any person who wishes to be a candidate for Leader shall meet the following conditions in order to be accredited as a candidate.
A. The candidate shall apply in writing, on a form provided by the Rules Committee, to be designated an accredited candidate;

B. The candidate shall abide by the Constitution;

C. The candidate must file with the Chief Electoral Officer a nomination form containing the signatures of fifty individuals who are members of the Party on or before the date of close of nomination established by the Convention Committee.

D. A deposit in the form of a certified cheque in the amount of five thousand dollars ($5,000) made payable to the Party shall accompany the nomination papers. This deposit shall be non-refundable and utilized for the administration costs of the Convention.

E. The candidate shall sign an undertaking to abide by the Constitution, the rules and regulations of the Convention, as well as providing any undertaking to hold the Party, and all its agencies and agents, harmless from claims, suits, demands, and loss or damage which may arise as a result of the candidate's campaign for Leader.

F. The nomination papers shall indicate the consent of the person whose name appears therein to be a candidate.

G. Only candidates accredited in accordance with Part II, Section 1 shall be entitled to have their name on the ballot for Leader at the Convention.
2. NOMINATIONS


A. The candidate's nomination papers shall be filed with the Chief Electoral Officer at the Provincial Headquarters of the Party no later than the time and date established for that purpose by the Convention Committee.

B. The Chief Electoral Officer shall forward any nominations received, as soon as possible, to the Chairperson of the Credentials Committee. The Chairperson of the Credentials Committee shall certify to the Chief Electoral Officer whether the nomination paper's were in accordance with the requirement of Part II, Section I.

C. If any candidate has not met the conditions for accreditation, the Chairperson of the Credentials Committee shall so notify the Chief Electoral Officer. The Chief Electoral Officer shall forthwith notify the candidate of his/her Official Agent that he/she has not met the conditions for accreditation as set forth in these rules.

D. As soon as possible after nominations close, the Co-chairpersons of the Convention shall announce then names of all candidates properly nominated.

E. Any candidate wishing to withdraw at any time after the close of nominations may do so by advising the Chief Electoral Officer in writing of his/her withdrawal prior to the date set for that purpose by the Convention Committee. If such a notice is not received prior to that time, the candidate's name will appear on the ballot at the Convention. The Chief Electoral shall notify the Co-chairperson who shall inform the Convention of any withdrawal of a candidate.

F. The nomination papers of the candidate shall designate an Official Agent and shall contain the consent of the Official Agent to act as agent of the candidate. The Official Agent shall be a member in good standing of the Party.
3. CANDIDATE'S ENTITLEMENT

An accredited candidate is entitled to:


A. Receive a list of automatic ex-officio delegates to the convention;

B. Receive a list of district association executive and directors;

C. Receive a list of the members of the Executive;

D. Receive a list of the president and executive officers of recognized YPC district associations, post-secondary campus YPC clubs, Progressive Conservative Women's Associations, and other affiliated associations entitled to elect delegates to the Convention;

E. Receive a list of delegates and alternate delegates, which will be made available from time to time as determined by the Convention Committee;

F. Be represented at appropriate meetings of any committees of the Convention at which representatives of the candidates have been requested to attend;

G. Be provided with the authority to use, without charge, the Convention and Party logos on all materials and advertising for and during the leadership convention;

H. Be provided with notice of scheduled annual general meetings and delegates selection meetings of affiliated associations.
PART III - DELEGATE SELECTION

1. ANNUAL GENERAL MEETINGS AND DELEGATES SELECTION MEETINGS



A. If the annual general meeting of an affiliated association is to be held during a leadership campaign, it shall be held in accordance with the dates set down in the Constitution. Any such affiliated association shall provide a minimum of fourteen days notice to the Chief Electoral Officers of the holding of an annual general meeting.
B. The general membership meeting for delegates selection for all affiliated associations shall be within the time span established by the Constitution for the selection of delegates and alternates to leadership conventions. Affiliated association shall provide a minimum of fourteen days notice to the Chief Electoral Officer or Electoral Officers of the holding of a delegate selection meeting.

C. The date of annual general meetings and delegate selection meetings must be established in consultation with the Chief Electoral Officer of Electoral Officers.

D. The Chief Electoral Officer or Electoral Officer shall confirm acceptance of the proposed date or alternative date with the President of the affiliated association.

E. The affiliated association shall endeavor to provide a notice of the annual general meeting and general membership meeting to select delegates to each of its members. The affiliated association shall, in any event, give as much notice of these meetings to its members as possible.

F. In addition to any notice which the affiliated association may provide to its members, the association shall advertise, a minimum of once, seven days prior to each meeting, in a newspaper having a general circulation in the constituency, a notice which shall contain the following information:
(1) The purpose, date and location of the meeting;

(2) The name and telephone number of the secretary of the affiliated association;

(3) Requirements for identification of voters as specified in By-Law 2 of the Constitution of the Party;

(4) Such other information which is of such a nature as to encourage all members of the affiliated association to participate in the delegate selection process or annual meeting.
G. The Rules Committee may prescribe the form of advertisements to be placed by the affiliated association. In any event, the size of the advertisement placed by the association should be of such a nature as to attract prominent attention to the announcement of the general membership meeting for delegate selection and the annual general meeting.

H. At every annual general meeting of affiliated associations and every general membership meeting to select delegates, an authorized representative of the Chief Electoral Officer shall be present, who shall have general supervision of the procedure for the selection of delegates, and election of officers of the affiliated association.

I. The Chief Electoral Officer will convey, in writing, to the affiliated association the appropriate voting procedures and rules of conduct for voting.
2. ELIGIBILITY TO VOTE OR SEEK DELEGATE STATUS


A. In order to be able to vote, or seek delegate status at a delegate selection meeting or annual general meeting, a person shall:
(1) Be a member in good standing to the affiliated association;

(2) Be a Canadian citizen or permanent resident of Canada;

(3) Have attained the age of 16 years as of the date of the delegate selection meeting;

(4) In the case of district association meeting, the person shall be a resident of the provincial electoral district or a member of the district association executive.
B. In order to be entitled to vote, a person must present personal identification with proof of residency at the meeting, as detailed in By-Law 2 of the Constitution of the Party. A person who is unable to provide the above evidence and identification shall not be entitles to vote or run as delegate or officer.

C. No member of the Party shall be entitled to vote at more than one delegate selection meeting. For example, should a person be a member of a YPC post-secondary campus club, as well as a member of a district association, that individual shall only be entitled to vote at the delegate selection meeting of one of the organizations of which he/she is a member. A member may be required to declare, in writing, at the time of voting that he/she has not voted at any other delegate selection meeting.
3. EXECUTIVE AND DELEGATES LISTS


A. The secretary of every district association must, no later than the date set for that purpose by the Convention Committee, supply to the Convention Committee a verified and complete list of the members of the executive of the association. Failure to provide this list may result in the Convention Committee disallowing the automatic delegate status of members of the executive of the district association.

B. The secretary of every other affiliated association must, no later than the date set for that purpose by the Convention Committee, supply to the Convention Committee a verified and complete list of the members of the executive of the association. Failure to provide this list prior to the date established, may result in the Convention Committee disallowing the automatic delegates status of members of the executive of the affiliated association.

C. A complete list of delegates to the Convention must be submitted to the Convention Committee not later than the date established for that purpose by the Convention Committee.
4. DISTRICT ASSOCIATIONS


A. Each district association of the party shall be entitled to send to the Convention 11 delegates and 5 alternates as per Article 11, Section 4, Subsection d (i) of the Constitution.

B. The election of officers, delegates and alternates shall be by secret ballot of those members of the district association in good standing. Additional rules concerning the conduct of elections and delegate selection meetings shall be provided by the Chief Electoral Officer prior to the commencement of those meetings.

C. An individual to be elected as an officer must be in attendance at the annual general meeting or have provided, in writing properly signed and witnessed, a declaration of his/her willingness to stand for election.

D. An individual to be selected as a delegate or alternate must be in attendance at the general membership meeting for delegate selection or have provided, in writing properly signed and witnessed, a declaration of his/her willingness to stand for election as a delegate or alternate.

E. As individuals put forth their names as potential officers or delegates, their names shall be displayed prominently at the front of the meeting room so that all present and entitled to vote will be able to inspect the list of candidates prior to casting their ballots.

F. Following the selection of the delegates, the five unsuccessful candidates receiving the most votes shall be listed in order of number of votes obtained from one to five. These individuals shall be alternates. Should it become necessary for a constituency association to upgrade an alternate to delegate status, it shall be done in the order of the number of votes obtained with the alternate delegate who has achieved the highest number of votes being the first to become a delegate. In the event one or more alternate delegates have achieved an equal number of votes, those alternate delegates shall be ranked by random draw.

G. Each member of the association shall be allowed to cast one vote for each available delegate position at a delegate selection meeting. At an annual general meeting, each member of the association shall be allowed to cast one vote for each executive position.

H. The secretary of the constituency association shall keep a list, including mailing addresses and phone numbers, of all those who have voted at annual meeting and general meeting for delegate selection. The secretary shall forward the list together with a list of officers, delegates and alternates to the Convention Committee.
5. YPC DISTRICT ASSOCIATIONS AND POST-SECONDARY CAMPUS CLUBS

Those YPC district associations and post-secondary campus clubs which comply with the Constitution shall be entitled to send delegates and alternates to the Convention in accordance with and in the numbers established under the Constitution.

6. PROGRESSIVE CONSERVATIVE WOMEN'S ASSOCIATION AND YPC

The Progressive Conservative Women's Association and YPC shall be entitled to select and send delegates to the Convention in accordance with the Constitution.

7. MEMBERS WHO ARE AUTOMATIC DELEGATES

The following shall be automatic delegates to the convention:


A. All members of the Executive Council as defined in the Constitution;

B. The President of each of the 52 district associations;

C. The Vice-president (or 1st Vice-president) of each of the 52 district associations;

D. The Secretary of each of the 52 district associations;

E. The Treasure of each of the 52 district associations;

F. One other member of the executive of each of the 52 district associations, elected by the members of the district association. Persons eligible to vote or run for this position include:

(1) The Past-president;

(2) A Director or another official member of the executive who was elected to his/her position at the annual meeting of the district association;
G. For the purpose of Section 7F, the past-president is defined as the person who last completed the term of president and did not resign form the position of president. A current president cannot resign to become past-president and remove the current past-president from the executive.

H. The list of members of the district executive must be submitted to the Party in accordance with Part III, Section 3A, or the automatic status of the members of the executive will be revoked. The name of the member of the executive elected under Section 7 F must be indicated in the same submission.

I. If any executive position is vacant, or a member of the executive holds another office within the Party which has automatic delegates status, the delegate position will be filled by the election of an additional delegate at the delegate selection meeting.
PART IV - OFFICIAL AGENT AND SPENDING LIMITS

1. OFFICIAL AGENT


A. Each candidate, on his/her nomination form, must appoint an Official Agent.

B. The Official Agent shall provide an address at which any notification to the candidate may be sent. Notification of the Official Agent at the address supplied should be deemed to be notification of the candidate.

C. The Official Agent shall be responsible for supplying the Convention Committee with such reports as may be required from time to time and, in particular, for supplying reports concerning the compliance of the candidate with the financial limitations put in place by the Convention Committee.

D. The Official Agent shall be a member in good standing of the Party.

E. Every candidate shall appoint an Official Agent at the time of the public declaration of his/her candidacy.

F. The Official Agent shall open an account ("the campaign account") at a recognized financial institution into which all revenues will be deposited and from which all payments will be made. This account will be used only for transactions dealing with the conduct or management of the candidates's campaign and shall have deposited to it all funds obtained for the purpose of the conduct or management of the candidate's campaign.

G. No money shall be used for any purpose in any way related to the conduct or management of the candidate's campaign unless it has first been deposited in the campaign account. All disbursements used for any purpose related to the conduct or management of the candidate's, except petty cash expenses authorized by the Official Agent and less than $50.00 on each occasion, must be made by cheques drawn on this account. All disbursements from the campaign account must be related to the conduct and management of the candidate's campaign.

H. Petty cash disbursements shall be authorized only by the Official Agent and shall be documented including receipts for items purchased.

I. The Official Agent will receive all contributions to the campaign. Contribution of goods and services must be received by and accounted for by the Official Agent. Every candidates shall provide to his/her Official Agent, a list of expenses relating to the conduct and management of the candidate's campaign incurred from the date set by the Convention Committee as the official start of the leadership campaign to the date of the candidate's public declaration of candidacy and appointment of the Office Agent.

J. The Official Agent is the only person authorized to pay campaign expenses.
2. FINANCIAL

A. The maximum amount to be spent by any candidate, including the value of donated goods and services, shall not exceed $200,000.

B. Notwithstanding the provisions found in paragraph A, the Convention Committee, on or before a date set for that purpose by the Convention Committee, shall monitor the costs incurred by candidates to that point and may, at that time, revise the applicable spending limits in accordance with the actual experience of the candidates.

C. The Official Agent of each candidates shall, on a monthly basis, supply the Financial Compliance Chairperson with a detailed accounting of the expenses of the candidate incurred during the month.

D. The first such report, on a form to be supplied by the Financial Compliance Chairperson, shall be filed within 10 days of the Candidates Official Nomination. The first such report shall cover any expense incurred by the candidate prior to the date of Nomination. Subsequent reports shall be filed monthly within 10 days of the last day of the proceeding month.

E. The Financial Compliance Chairperson shall be appointed by the Rules Committee.
3. CANDIDATES DISQUALIFICATION

A. Failure of a candidate to comply with any of the rules and regulations of the Convention may result in the Rules Committee disqualifying a candidate and requiring his/her name be removed from any ballot at the Convention.

B. Any candidate found to have breached any of the rules of the Convention may be subject to fines, discipline, or other reprimands at the discretion of the Rules Committee.
4. AUDITOR

A. Each candidate shall, at the time of the public declaration of his/her candidacy, appoint an Auditory who is a licensed public accountant under the provisions of the Public Accountants Act of Newfoundland and Labrador.

B. The Auditor must sign a statement accepting the position as Auditor in the form prescribed by these rules. A candidate's nomination papers will not be accepted unless they are accompanied by the Auditor's signed declaration of acceptance of appointment.

C. The Auditor must examine the books, records, invoices, bank statements, and negotiated cheques of the candidate's campaign and perform such tests and verifications as he deems necessary to enable him to complete the report as prescribed in these Rules.

D. The Auditor must complete a report to the Official Agent stating whether in his/her opinion the return of the Official Agent presents fairly the financial transactions required to be detailed in the report. This report must be attached to both the Official Agent's Monthly Reports and the Official Agent's Final Report.
5. CAMPAIGN EXPENSES

A. As set forth in these Rules, no candidate shall have "campaign expenses", as defined herein, of more than $200,000.

B. "Campaign expenses" are amounts paid, liabilities incurred, the commercial values of goods and services donated and the differences between amount paid or liabilities incurred, whether billed or unbilled and the commercial value thereof for the purpose of promoting a candidate's election as Leader, provided that such amount are paid, liabilities incurred, whether billed or unbilled, or goods and services donated at any time from April 15th, 1991 through to and including the last date of the Convention.

C. The value of goods and services provided is to be recorded at the commercial value of those goods and services, when discounts are not available to other customers in the normal course of trade. The value of such discounts shall be recorded as a campaign donation and a campaign expense.

D. Goods and services provided without charge by a person who normally provided them in the normal course of business shall be recorded as a campaign donation and campaign expense.

E. The following are not campaign expenses:
(1) Volunteer labour, being services provided free of charge by persons who are not self-employed, outside their normal working hours, and services provided free of charge by self-employed person, provided that they do not normally sell or otherwise charge for those services;

(2) The candidate's deposit filed with his/her nomination papers.
F. The Official Agent of each candidate shall file in the form prescribed by these rules an Official Agent's Final Return signed by the Official Agent and the candidate setting out the amount of the campaign contributions received and the campaign expenses paid from the campaign account in accordance with these aforementioned Rules. The final such report shall be filed no later than the date set for that purpose by the Convention Committee.

G. The determination as to whether the campaign expense rules have been breached by a candidate shall be made by the Rules Committee and they shall have the advice of The Chief Electoral Officer and Financial Compliance Chairperson with regards to compliance.

H. Any monetary amounts remaining in the campaign account following payment of all campaign expenses shall be donated to the Party.

I. No candidate shall be allowed to operate his/her campaign in a deficit position. All goods and services must be paid for at time of purchase or upon receipt of goods and services, and shall not be obtained on credit.
6. CONTRIBUTIONS

A. Every candidate shall provide his/her Official Agent with a list of contributions to his/her campaign, no matter when received.

B. The Official Agent, after appointment, shall receive all contributions to the campaign.

C. Contributions shall include all monetary contribution in any way related to the conduct or management of the candidate's campaign and the commercial value of goods and services donated to the campaign.

D. A list of all contributions shall be supplied by the Official Agent on the Official Agent's Monthly Return.

E. No contribution of an amount greater than $10,000 shall be accepted by the Official Agent on behalf of the candidate from one individual.
7. DISCLOSURE

A. The record of all expenses of candidates will be made public by the Convention Committee.

B. The Official Agent's Monthly Returns and the Official Agent's Final Return shall be kept on file at the Convention Committee Office and the expenses portion shall be available for review by the public during normal business hours.
8. CANDIDATE EVENTS

A. Each accredited candidate may, no sooner than the date and time set for that purpose by the Convention Committee, open a hospitality suite in each of the "official" Convention hotels. A list of the "official" Convention hotels shall be supplied to the accredited candidates two weeks prior to the start of the Convention.

B. No candidate may incur any expenses for hospitality, including but not limited to, the provision, directly or indirectly, of any entertainment, food, beverage or other inducement to delegates from 6:00 AM on the day of balloting to the close of balloting on the final ballot of the Convention.
PART V - CONVENTION PROCEEDINGS

1. HOSPITALITY SUITES


A. Each accredited candidate may have no more than one hospitality suite. This hospitality suite must be in one of the "official" hotels, unless the candidate received prior approval from the Convention Committee for a hospitality suite in a location other than one of the official hotels.

B. The hours of operation of the hospitality suites shall be from noon to midnight on non-voting days at the Convention and from close of balloting on the final ballot until 2:00 AM on the day of balloting.

C. Detailed operating procedures for the hospitality suites shall be the responsibility of the Hospitality Chairperson.

D. Candidates may sponsor events outside of the "official" Convention hotels, but such events must not contravene the Rules established by the Rules Committee.
2. CONVENTION FACILITIES

A. Where choices for common facilities are available, the selection of those facilities shall be done by random lot supervised by the Chairperson of the Candidate Liaison Committee or his/her designate.

B. In general, the Chairperson of the Candidate Liaison Committee shall endeavor, through meetings with representatives of the candidate, to reach a consensus in respect to the shared use of facilities.

C. Where a consensus is not possible, the decision of the utilization of facilities shall rest with the Chairperson of the Candidate Liaison Committee.

D. The choice of candidate locations in this Convention location shall be done by a random draw four weeks prior to the Convention.

E. Candidates shall have exclusive use of their assignee space in the Convention location.

F. Other available space for signage shall be apportioned following discussions between the Candidate Liaison Committee and the candidate. If a consensus cannot be reached in regard thereto, the space shall be apportioned in such manner as the Chairperson of the Candidate Liaison Committee deems to be equitable.

G. The decoration of hotels and areas outside of the Conventions location will not be allocated by the Convention Committee. Signage restrictions and/or methods of application will be the discretion of the management of the hotel. However, the Chairperson of the Candidate Liaison Committee shall hear any complaints in regard to any activities concerning those spaces and shall render decisions thereto.
3. ALTERNATE DELEGATES

If at close of registration an eligible delegate has not registered, and an alternate eligible for the delegate position has registered, that alternate will become accredited as a delegate, prior to the commencement of balloting. All candidates will be notified of alternates who have become accredited as delegates.

4. DELEGATE AND ALTERNATE REGISTRATION

A. Automatic Ex-officio delegates must pre-register with the Convention Committee by the date set by the Convention Committee for that purpose. Pre-registration will include payment of the registration fee and a deposit on all hotel rooms booked.

B. All other delegates and alternates must preregister by the date set by the Convention Committee for that purpose.

C. Any delegate or alternate who has not pre-registered by the appointed time, may be prevented form registering for the Convention at the discretion of the Convention Committee.

D. Delegates and alternates must register at the Convention prior to the date and time set for that purpose by the Convention Committee. Any delegates who does not register prior to that time shall not be entitled to register and vote. Any alternate who does not register prior to that time shall not be entitled to register nor to become a delegate.
5. NOMINATION SPEECHES

A. The order of speaking of accredited candidates shall be determined by lot four weeks prior to the Convention. The Chairperson of the Candidate Liaison Committee shall preside over the choice of speaking order which shall be a public event.

B. The Convention Committee will set a time limit for the nomination speeches, floor demonstrations, and speeches of candidate. Candidates may utilize this in any manner in which they choose.

C. Candidates will be notified when there is two minutes remaining in their allotted time. A further notification will be given when their allotted time has elapsed. The podium microphone will be shut off 30 seconds after this final notifications.
6. DEMONSTRATIONS

A. The detailed rules and procedures for candidate demonstrations shall be developed in consultation with the candidates through the Candidate Liaison Committee.

B. In the event that a consensus cannot be reached, the Chairperson of the Candidate Liaison Committee shall recommend to the Rules Committee the detailed rules and procedures regarding demonstrations.

C. The Rules Committee, as its discretion, shall determine the rules and procedures to be followed in respect of such demonstrations.
7. RECORDING CONVERSATIONS

During the Convention no holder of an identification badge may use any concealed recording device to record a conversation where any party to the conversation is unaware that the conversation is being recorded.

8. ENTITLEMENT TO VOTE

A. Only a properly accredited delegate whose name appears on the Official Voters List, as certified by the Credentials Committee, shall be entitled to vote at the Convention.

B. A delegate shall have one vote on each ballot at the Convention.

C. A ballot shall be rejected if:
(1) It was not supplied by the Chief Electoral Officer;

(2) It was not marked for any candidate;

(3) It was marked for more than one candidate;

(4) It was so marked as to render it uncertain for which candidate the delegate has voted;

(5) Upon if there is any writing or marking by which the delegate can be identified.
9. BALLOTING PROCEDURES

A. Where not otherwise specified in these rules, the procedures for balloting shall be determined by the Chief Electoral Officer.

B. Immediately the first ballot commences, no delegates shall be entitled to be heard from the floor. Any complaint or grievance relating to any alleged voting irregularity or any other matter pertaining to the election shall be made to the Chief Electoral Officer. The decision of such a complaint or grievance shall be made by the Chief Electoral Officer in consultation with the Co-chairperson of the Convention. Such decisions shall be final and binding and there shall be no appeal from the decision of the Chief Electoral Officer.

C. The Chief Electoral Officer shall explain the voting procedures to the delegates assembled on the Convention floor prior to the commencement of the first ballot.

D. The election of the Leader will be by secret ballot. Delegates shall be presented with a ballot which shall be deposited, in the form and manner and prescribed by the Chief Electoral Officer, in the appropriate ballot box.

E. The Chief Electoral Officer shall, through the Co-chairpersons of the Convention, notify the delegates that there is five minutes remaining for ballots to be cast. When that time passes, the voting area shall be sealed and no delegates shall be allowed to enter to cast their ballot, but any delegates present in the voting area shall be entitled to vote.
10. BALLOTING

A. There shall appear, on the first ballot, the names of all accredited candidates as the date set for the withdrawal of candidates.

B. Any candidate receiving less than 50 votes on the first ballot shall not be entitled to have his/her name appear on subsequent ballots.

C. A candidate receiving the lowest number of votes on any ballot shall not be entitled to have his/her name appear on any subsequent ballots.

D. In the event of a tie vote between two candidates receiving the lowest number of votes, both candidates shall be entitled to have their name appear on the next ballot, unless each candidate has polled less than fifty votes in which case both shall be dropped.

E. A period of twenty minutes shall be allowed after the announcement of the results of each ballot for the purpose of allowing the withdrawal of any candidate. In order to withdraw, a candidate shall notify the Chief Electoral Officer of their intention not to allow their name to go forward on the next ballot. The Chief Electoral Officer will then notify the Co-chairperson of the Convention of withdrawal of the candidate. The Co-chairperson will then notify the candidate's withdrawal. Failure to comply with this time limit will result in the candidate's name appearing on the next ballot.

F. Balloting shall continue until one candidate obtains an absolute majority of the ballots cast in a ballot.

G. An absolute majority shall mean more than 50 % of the valid ballots cast on any particular ballot.

H. If the final two candidates on the ballot receive an equal number of votes, there shall be another ballot.
11. SCRUTINEERS

A. Each accredited candidate shall be entitled to have five scruitineers in the counting room.

B. The scrutineers of any accredited candidate shall be entitled to observe the procedures adopted by the Chief Electoral Officer for the counting of ballots.

C. During balloting, scrutineers shall remain in their assigned positions and shall not speak to or in any other way communicate or interfere with delegates. Any scrutineer violating this rule, shall, at the discretion of the Chief Electoral Officer, be removed from the voting area and have their credentials revoked.

D. One scrutineer for each candidate on the ballot shall be entitled to be present when the Chief Electoral Officer, in consultation with such other officials as he deems appropriate, consolidates the individual tallies to present a final vote count.

E. All scrutineers, volunteers. Convention officials and other individuals present in the voting area at the conclusion of voting shall remain in that area until the results of the ballot are announced unless given specific permission by the Chief Electoral Officer to leave the area.

F. The chief Electoral officer shall determine and verify the results of each ballot. He shall convey, in a sealed envelope, to the Convention Co-chairpersons the result of the ballot. The Convention Co-chairpersons shall announce the results to the Convention.
12. ACCESS TO CONVENTION FLOOR

A. On balloting day, delegates, alternates, agents of the accredited candidates, accredited media, and Convention committee members shall be the only individuals allowed access to the Convention floor.

B. Each candidate shall be entitled, for the purpose of floor organization, to designate 25 individuals as agents. Those individuals , at the registration process, shall have their credentials clearly identified as agents. When they have received those credentials they shall be entitled access to the floor.

C. Each candidate shall provide a list of his/her agents to the Convention Committee no later than two weeks prior to the Convention.

D. The Convention Committee will make arrangements for observers to view the proceedings of the Convention, but such observes shall not be allowed to participate in the proceedings of the Convention in any manner.




FORM A - Nomination Papers


To:

Chief Electoral Officer

Leadership Convention

Progressive Conservative Party of

Newfoundland and Labrador

Dear

We, the undersigned, endorse _______________ as a candidate for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador. We are members in good standing of the Progressive Conservative Party of Newfoundland and Labrador.














NAME
ADDRESS
PHONE
SIGNATURE














FORM B - Nomination Papers


To:

Chief Electoral Officer

Leadership Convention

Progressive Conservative Party of

Newfoundland and Labrador

Dear

Attached hereto is the Candidate Nomination Form relative to my candidacy for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador.

I enclose herewith a certified cheque in the amount of $5,000.00, payable to the Progressive Conservative Party of Newfoundland and Labrador.

I hereby confirm and agree that $5,000.00 of the above amount shall be a non-refundable deposit to be used by the Convention Committee to defray the cost of its operation.

I undertake to hold and save the Progressive Conservative Party of Newfoundland and Labrador, and all of its agencies and agents, harmless from any and all claims, suits, demands, losses or damages which may arise as a result of my campaign for the Leadership Party.

I undertake to abide by the Constitution of the Progressive Conservative Party of Newfoundland and Labrador, as well as any and all rules and regulations governing the conduct of candidates during the delegate selection process and the convention to choose the leader.

I also have attached hereto to this my nomination form the name of my Auditor and my Official Agent together with the official address for service of notices on my Auditor and my Official Agent.

Finally, I do hereby consent to my name being placed in nomination for Leadership of the Progressive Conservative Party of Newfoundland and Labrador at a Convention to be held on ____________________ at____________________ in the Province of Newfoundland and Labrador.

Dated this _______________ day of _______________, 20__.







_______________
CANDIDATE

_______________

WITNESS













FORM C - Official Agent Consent


TO:

Chief Electoral Officer

Leadership Convention

Progressive Conservative Party

of Newfoundland and Labrador

Dear

I, the undersigned hereby agree to serve as the Official Agent for _______________
in the forthcoming convention to choose a Leader of the Progressive Conservative Party of Newfoundland and Labrador.

I hereby confirm that I am a member in good standing of the Progressive Conservative Party of Newfoundland and Labrador.

I understand that as the Official Agent of the candidate I am responsible for the duties as outlined in the Rules governing the Convention.

The Official address for service of any documents and notices upon the candidate is:

Signed at _______________ this __ day of _______________, 20__.







_______________
WITNESS

_______________

OFFICIAL AGENT













FORM D - Auditor's Consent


TO:

Chief Electoral Officer

Leadership Convention

Progressive Conservative Party

of Newfoundland and Labrador

Dear

I, the undersigned, hereby agree to serve as Auditor for _______________
in the forthcoming Convention to choose a Leader of the Progressive Conservative Party of Newfoundland and Labrador.

I understand that as the Auditor of the candidate, I am responsible for the duties as outlined in the rules governing the Convention.

The official address for service of any documents and notices upon the Auditor is:

Signed at _______________ this __ day of _______________, 20__.







_______________
WITNESS

_______________

AUDITOR













FORM E - Monthly Return




OFFICIAL AGENT'S MONTHLY RETURN FOR _______________.

PROGRESSIVE CONSERVATIVE LEADERSHIP CONVENTION


Name of Candidate: _______________

Name of Official Agent: _______________

Total campaign contributions: _______________

(Schedule "A")

LESS

Campaign Expenses: _______________

(Schedule "B")



I, _______________, a candidate for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador, hereby make oath and say that the within return represents to the best of my knowledge, information and belief a true record of the contributions and campaign expenses, in accordance with the campaign expense rules of the Convention, made with respect to my campaign for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador.

SWORN TO at _______________ in the Province of Newfoundland and Labrador this __ day _______________, 20__.







_______________
CANDIDATE

_______________

COMMISSIONER OF OATHS






I, _______________, Official Agent for _______________, a candidate for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador make oath and say that the within return represents to the best of my knowledge, information and belief a true record of the contributions and campaign expenses in accordance with the campaign expense rules of the convention, made with respect to the campaign of ___________________ for the Leadership of the Progressive Conservative Party of Newfoundland and Labrador.

SWORN TO at _______________ in the Province of Newfoundland and Labrador this __ day of _______________, 20__.







_______________
OFFICIAL AGENT

_______________

COMMISSIONER OF OATHS














SCHEDULE 'A' - Contributions















NAME
DATES
DETAILED DESCRIPTION
VALUE/AMOUNT





TOTAL: _______________














SCHEDULE 'B' - Campaign Expenses
















PAYEE
DATE
EXPENSE ITEM
CHEQUE #
VALUE/AMOUNT





TOTAL: _______________







Labels: ,

9 Comments:

At 8:26 AM, January 05, 2011 , Blogger Mark said...

New Tory slogan:

Proud. Strong. Predetermined.

 
At 9:59 AM, January 05, 2011 , Blogger Wm. Murphy said...

Hurry...send along the Tory constitution over to the Bond Papers. Ed is beside himself because he can't find it.
The secrets and back room dealings are smothering us.

Too bad you guys were not in blogville during Tobin's big comeback in 1996. But then again that was in stark contrast to what is happening today...right?

 
At 11:41 AM, January 05, 2011 , Blogger Shannon Reardon said...

"Wm. Murphy", right.

 
At 11:46 AM, January 05, 2011 , Blogger Ursula said...

Phew.... one page short of a tome .

 
At 11:49 AM, January 05, 2011 , Blogger Ursula said...

Murphy , you might say they learned from the "BEST".

 
At 12:34 PM, January 05, 2011 , Blogger WJM said...

Murphy:

Apart from the obvious — one candidate ended up contesting the Liberal leadership in 1996; one candidate is ending up contesting the PC leadership in 2011 — what, in your opinion, are the similarities in the two cases?

 
At 12:35 PM, January 05, 2011 , Blogger WJM said...

Ursula, no, I think that's a tome!

 
At 4:33 PM, January 05, 2011 , Blogger Wm. Murphy said...

what, in your opinion, are the similarities in the two cases?

how 'bout backroom similarities for starters

 
At 5:29 PM, January 05, 2011 , Blogger WJM said...

Leadership race attracts backroom manouevrings?

You don't say!?

Got anything better than that?

 

Post a Comment

Subscribe to Post Comments [Atom]

<< Home