Why do our elections continue to be stolen? Why are rapists and violent criminals released without bond? Why are violations of free speech, the 2nd amendment, and unalienable rights allowed to continue? Why is our border wide open with an invading army pouring through? Why is America being destroyed before our very eyes? Because bad actors are not held accountable with consequences.
I am disappointed in the LD3 Board withholding information and acting against the will of the body. At the July meeting, LD3 voted to suspend PCs who have not attended three consecutive meetings without providing an excuse. The full motion was: “Effective immediately and per the bylaws the body of LD3 will suspend all pcs on the board list who have not attended 3 consecutive meetings or provided a valid reason for absence AND email that list out to all pcs within 10 days (with number of consecutive meetings)”
It makes reference to our LD3 Bylaws ARTICLE III – MEMBERSHIP Section C. Duties 6. Attend all statutory and mandatory meetings of the District in person. Any PC missing three (3) or more consecutive regular district meetings, without prior notice to the EC, will meet with the Executive Committee, who will determine if the PC should be removed from office. The PC must be notified by the EC a minimum of ten (10) days, prior to the Executive Committee’s vote, to have a chance to respond. Removal from office shall require a majority vote by the Executive Committee. Removal shall constitute an immediate vacancy, which shall be submitted to the EGC per MCRC Bylaws.
It is well known that the removal of PCs in violation has not been completed by the Board. The Suspended list has not been released, and until today no communication was sent for nearly a month. This unfortunately demonstrates a lack of transparency.
Suspension was put forward as a viable alternative with significant precedent set:
- On December 14, 2023, the MCRC EGC suspended Candace Czarny from LD3 and the County Committee for a period of 24 months saying “Ms Czarny will no longer be recognized by either body nor have any interaction including but not limited to: attendance at county or district meetings, to hold an elected office, any voting rights or any other privileges granted as a precinct committeeman in Maricopa County.”
- On June 24, 2024, Legislative District 2 voted to suspend PC Christian Lamar, preventing him from attending meetings or voting saying a “recent vote by the Precinct Committeemen of LD2 to expel Christian Lamar from the LD2 business meetings effective immediately and to last at a minimum through October 31, 2024. At which time the newly elected PC’s can determine whether to end or extend the expulsion vote.”
- AZGOP Chair Gina Swoboda (who constantly consults with legal council) said of the matter on June 26th in a public tweet: “Christian Lamar is and remains the AZGOP member at large for CD8. The body of the precinct committeemen in LD2 have every right to take such actions as they deem appropriate at the LD level, however the MAL position falls under AZGOP and Mr Lamar remains in that position until the next officer elections’ – Gina Swoboda, Chair https://x.com/AZGOP/status/1806187134497550438
Arizona Law and Roberts Rules of Order Support It:
A.R.S. 38-291 Vacancy Defined https://www.azleg.gov/ars/38/00291.htm
An office shall be deemed vacant from and after the occurrence of any of the following events before the expiration of a term of office:
1. Death of the person holding the office.
2. Insanity of the person holding the office, when judicially determined.
3. Resignation of the person holding the office and the lawful acceptance of the resignation.
4. Removal from office of the person holding the office, including the removal of a board or commission member by the appointing power before the expiration of the person’s term of office.
5. If the office is elective, the person holding the office ceasing to be a resident of the state, or, if the office is local, or from a legislative or congressional district, the person holding the office ceasing to be a resident of the district, county, city, town or precinct for which the person was elected, or within which the duties of the person’s office are required to be discharged.
6. Absence from the state by the person holding the office, without permission of the legislature, beyond the period of three consecutive months.
7. The person holding the office ceasing to discharge the duties of office for the period of three consecutive months.
8. Conviction of the person holding the office of a felony or an offense involving a violation of the person’s official duties.
9. Failure of the person elected or appointed to the office to file the person’s official oath within the time prescribed by law.
10. A decision of a competent tribunal declaring void the election or appointment of the person elected or appointed to the office.
11. Failure of a person to be elected or appointed to the office.
12. A violation of section 38-296 by the person holding the office.
RONR 61:6 Principles Governing Discipline at Meetings. A society has the right to determine who may be present at its meetings and to control its hall while meetings are in progress; but all members have the right to attend except in cases where the bylaws provide for the automatic suspension of members who fall in arrears in payment of their dues, or where the society has, by vote and as a penalty imposed for a specific offense, forbidden attendance.
Making Decisions Based on Fear or False Legal Interpretations
After Czarny and Lamar were suspended, neither one sued. Czarny’s original lawsuit requesting injunctive relief was denied. The only reason it was even heard instead of being dismissed immediately was because corrupt Jeff Dewit begged the judge to hear it and illegally payed all the legal fees from AZGOP funds. It was eventually dismissed because the court has a long standing precedent of not ruling on inter-party conflicts.
The LD3 Chairman states in a recent email “we have been tracking a current lawsuit brought against the MCRC and Board of Supervisors regarding removal of precinct committeemen”. The current issue is suspension and any litigation on removal (which the judge will most certainly dismiss based on precedent) has no bearing whatsoever on suspension.
The hard truth is that certain members of the board do not want the prescribed consequences for the bad actors of LD3. This acting against the will of the body and refusal to enforce consequences is exactly like the behavior we have seen of the weak Congress, with Republicans voting against even censure or any penalties for Alejandro Mayorkas United States Secretary of the Department of Homeland Security. The MCRC on Tuesday censured and disciplined 6 alternate delegates who brought fake challenges without merit, and 40 Republicans publicly supporting Kamala Harris and Ruben Gallego. It is time for the LD3 to follow this example and hold bad actors accountable. On Tuesday I will introduce a motion which clarifies any open questions on suspension including defining it as well as methods of unsuspension once violators come back into compliance. I encourage all to support this motion and demand that the LD3 Board enforce consequences and demand they release the list of suspended PCs. Please contact other PCs and ask that they attend Tuesday’s meeting and support the motion.