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"The Party of the Rule of Law (or) No Controlling Legal authority?"
By: Jeff Klusmeier
In 1998 the Republican House Managers stood before the American
People and the United States Senate at the Impeachment of William
Jefferson Clinton. Under intense fire from Democrats, the media and
members of their own party, the House Managers argued that no one,
not even the President of the United States was above the law.
The House managers and the Republican Caucus argued that going
forward with the impeachment process might not have been the
politically expedient thing to do, but it was the right thing to do.
Of the many issues that separate Republicans from Democrats,
Republicans will tell you that the "Rule of Law" is the most
important. Adhering to the Constitution for many Republicans is a
defining issue. Republicans generally believe that Rights come from
God and that it is the Constitution that defends and protects those
rights.
Adhering to the rule of law, whether it is Federal, State, Local
laws, or even the Republican Party Bylaws is not always easy or
seldom convenient. Sometimes those in leadership positions are asked
to make tough decision regarding what is right and what is in their
own best interest. Holding those in leadership position accountable
is seldom easy and often messy.
Most rank and file Republicans would assume that, as Republicans, we
generally hold our Republican Elected Officials and Party Leadership
to a higher standard. What do we do when that is not the case? Is it
wrong to point out inconsistencies in our party leadership? Is it
wrong to expose outright corruption? Is the Republican Party really
the party of the rule of law? Is there really no controlling legal
authority?
On Thursday, March 4, 2004, Louisville Metro Councilman Doug Hawkins
filed an injunction in Circuit Court on behalf of Republicans in his
district against the Jefferson County Republican Party Executive
Committee. Hawkins was asking a Judge to force the Jefferson County
Republican Party to announce the location of mandatory Precinct
Caucuses and to postpone the Caucuses until sufficient time was
given for the Republican Party to give proper notice. Although
Hawkins' lawsuit was thrown out on a technicality, his action forced
Republican Party Chairman Jack Richardson to release the locations
to the public. All 18 Precinct locations were not released until
Wednesday, March 10th; they were posted on the RPK and the Jefferson
County GOP website. The Caucuses were held on Saturday, March 13,
2004, with only 3 days’ notice.
It is apparent that Richardson had no intention of releasing these
locations to the public. Richardson's attorney argued in court
that he was not required to give notice under the new Jefferson County Bylaws.
The State Republican Party ratified these Bylaw changes in 2003. It is obvious
that State Party Chairman Ellen Williams supported these changes to protect her
good friend 3rd District Chairman Deanna (Barnett) Brangers and Richardson by
giving them an advantage in the Precinct Elections. This was done so that
Brangers and Richardson could remain in their positions despite growing
opposition from RPK Members, Republican Party Activists and Republican Elected
Officials in Jefferson County. The Bylaw changes radically affected the
re-organization process, making Richardson Chairman automatically for four more
years and eliminating public participation in the election for the Jefferson
County Chairman and
the make up of the Executive Committee.
Did Ellen Williams realize that these changes were in direct violation of the
Republican Party of Kentucky State Bylaws? Did she even stop to think about the
146,000 registered Republicans in Jefferson County that were given no prior
notice or ability to participate in the selection of Republican Delegates, State
Party members or the Electors to the Electoral College?
Those Republicans that managed to show up for the Precinct Caucuses
on Saturday were greeted with a new set of Jefferson County Bylaws.
It seems that, after Hawkins lawsuit, the Jefferson County Republican
Party Executive Committee decided that they would amend their Bylaws again on
March 9th, 2004, just four days before the Caucuses. The new set of Bylaws was
used as the Official Bylaws of the Precinct and Legislative District Caucuses.
Although the Republican Party of Kentucky never ratified these Bylaws, they
played a major role in eliminating slates of Delegates in at least nine
Legislative Districts. Eliminating dozens of Republican activists and Republican
Elected Officials from participating in the Jefferson County Mass Convention,
the 3rd District Convention, the Republican Party of
Kentucky State Convention and the Republican National Convention.
(Note: The Bylaws that were used by the Jefferson County Republican
Party were different than the ones that the RPK posted on their
website as the rules for the Jefferson County Precinct Convention as
of March 10, 2004)
Republican Party of Kentucky Vice-Chairman Marcus Carey was on hand in the 28th
LD to make sure that Brangers and Richardson got their way. As the majority
slate was disqualified twice because of the new Bylaw changes, people left in
disgust. In the coming weeks the video of the 28th LD Caucus will be aired on
local cable access.
By the end of the day, 9 of the 18 Legislative District Caucuses
were in the hands of the Brangers/Richardson Faction. It is doubtful
that any of those nine had a majority vote. The LD's pre-approved
slates were railroaded through, or the opposing slates were disqualified without
a vote at all.
It is no secret that here in Jefferson County, Republican infighting
has been a problem. Although it will probably always be this way,
one thing has changed. The current crop of party leadership has
absolutely no regard for the Bylaws, Robert's Rules of Order or the
rights of their fellow Republicans.
Despite repeated complaints by Republican Elected Officials in
Jefferson County and even RPK Members, nothing has been done to
correct this ongoing problem. It is unfortunate that legal action is
becoming the only alternative to solve a problem that should be
taken care of in house. It is equally unfortunate that Republicans
have to turn to the courts because of a lack of confidence in a fair
hearing with the Republican Party of Kentucky.
According to several Republican officials who felt that their rights
were violated during the Republican Caucuses, the party may see as
many as seven new lawsuits regarding this botched convention
process. It seems that our Grand Old Party is in need of some
serious soul searching. Are we really the Party of the Rule of Law,
or is there really no controlling legal authority?
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