Pulling the Knives Out.... Part 3

What you are about to read is the first installment in a series detailing, in real time, the improper and proper events that occurred in the Augusta County Mass Meeting on April 10, 2008. These "reconstructed minutes" were compiled from the original minutes, raw audio and video footage of the meeting, countless hours of interviews, and pages of filed reports on the incident. Each section will include an overview of the meeting followed by a report on how it stands up against many legal sources and documents. We apologize for not getting this all out sooner--but the original SWAC bloggers have been having to pull a few knives out of our backs as of late....kinda hard to multi-task.

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PART 3 - With a Vote of No Confidence

Because the Temporary Chair did not appoint a Nominations Committee, he then appointed Chris Green to read who had already pre-filed for the Chairmanship. Bailey then appointed Temporary Chair to each Magisterial District, leaving out Riverheads in the process and moved on. An objection was raised by Poppet Nelson that it was forgotten and the mistake was corrected. Throughout this process two points of order were raised by Kim Wiseman who inquired which set of rules and bylaws would govern the meetings of the Magisterial Districts, the State Party Plan or the Augusta County Republican Committee By-Laws. Both points of order were ignored. Joe James then made a motion that the rules be amended to select the new chairman by majority vote and not by magisterial district. The motion was seconded and passed. The committees moved out with the purpose of electing chairman of each individual Magisterial District, vote on names of district members to go to the 6^th District and State Conventions, and on committee membership (1).

When the committees were brought back together in the Mass Meeting, Charles Wyatt then moved to operate the meeting from that point forward, solely based on Robert’s Rules of Order. This motion was seconded and passed (2).

Jason Bibeau called for a vote of no confidence in the Temporary Chairman, received a second, but was ignored by Bailey. Charles Curry then put a motion on the floor concerning the adoption of the rules just outlined in Wyatt’s previously accepted motion. Bibeau called for a point of order, citing that his call for a vote of no confidence was still on the floor because it had not been voted on. A voice vote was taken that was deemed to close to call but Bailey ruled against it and ignored Bibeau’s call for a division of the house.

The Temporary Chairman then called for each candidate to speak to his candidacy. Steve Kijak approached the podium, spoke in support of Dr. Larry Roller, announced he would drop out of the race, and gave his remaining time to Dr. Larry Roller. This occurred with all the other candidates (respectively: Steve Kijak, David Beyeler, Sharon Hanger, and Vickie Parkinson).

After Dr. Roller’s 23-minute speech and Kurt Michael’s two minute speech, Bailey ordered that the candidate selection vote be recorded on the back of each individual’s Voting Pass. Bill Shirley rose to a point of order citing that the original rules of the Mass Meeting called for a secret ballot and that this form of voting would not meet that requirement and called Bailey’s ruling out of order. Bailey conceded and told the committee to bring up their individual Voting Passes to verify each member as eligible to vote and in turn, they would receive a blank blue note card in which to cast their vote.

The blue ballots were not inspected and were distributed by the first row passing the whole stack back and so forth. Nor was the box inspected (to prevent voter fraud or irregularities) where the votes were being placed.

During the roll call, called by John Wirth by the names complied by the Credentials Committee, of names eligible to vote, some names were called of people that were now absent, Michael’s name was called twice, and three ladies were permitted to vote even though they had not previously signed in and did not have a Voting Pass.

The Chair then appointed John Wirth, Steve Kijak, Ray Ergenbright, and Tom Nelson as counters. Michael made a point of order, noting that he had not been afforded any vote observer. His request for one was denied twice by the Temporary Chairman. The men Bailey appointed began walking into a back room to count the vote total when Kevin Lacey rose to a point of order asking why the vote count had to be recorded in secret and why it could not be done in view of the public. Again, Michael rose to a point of order, this time appealing his objection to Senator Hanger to not having an observer present. Hanger agreed and told Bailey that Michael should be afforded one observer. Bailey allowed Michael to appoint Terry Argenbright to serve in that capacity.

Again, a point of order was raised by Lacey, who implored the counters to count the votes in public to guard against voter fraud and tampering. Again, this was ignored.

While the votes were being tallied in a back room, speeches from Congressman Bob Goodlatte and Delegate Ben Cline were heard. The vote counters and observers returned and Wirth (not Bailey) reported the voting results: Dr. Kurt Michael, 103 – Dr. Larry Roller, 141. A formal objection was raised by Nelson to this mass meeting because it had been illegally conducted. The Temporary Chairman then adjourned the Mass Meeting with no motion to do so being made, no second, and no vote taken (3).

PART 3(a) - With a Vote of No Confidence

1. The Temporary Chair chose not to appoint a Nominations Committee which was in violation of the Handbook for Mass Meetings, Conventions and Party Canvasses: Second Edition in which it clearly states it is the Temporary Chairman’s duty to elect a Nominations Committee and its Chairman (See Article V, Section D, Part 2 and Article V, Section E, Part 2). When Joe James motioned to select the new chairman by mass vote (“one man, one vote”) and not by magisterial districts (in an electoral college system), he went against the Bylaws of the Augusta County Republican Committee which state that the “Mass Meeting or Convention” breaks down into magisterial districts to elect delegates, committee members, and chairmen (See Article X, Section B, Part 5). Jones’s motion, though not permitted by the Bylaws, was superseded by the Republican Party of Virginia Plan of Organization (See Article VIII, Section I, Part 4) which, like the Handbook (See Article V, Section A), defines a Mass Meeting as it being public vote (See Article VIII, Section L) and so also in Robert’s Rules of Order (See pg. 62). There was no official vote taken at the Mass Meeting for delegates to the State or the Sixth District Convention, directly in violation of the Bylaws (See Article X, Section E), State Party Plan (See Article VIII, Section H), the Handbook (See Article 5, Section C), the Official Mass Meeting Call of the Augusta County Republican Committee (See Official Call, Section C and D), and Robert’s Rules of Order (See pg. 225). There was also never a vote on Membership to the Augusta County Republican Committee, in violation of the Official Call (See Official Call, Section A).

2. Charles Wyatt’s motion that was passed to suspend all rules and operate only under Robert’s Rules of Order is in direct violation of the Republican Party of Virginia Plan of Organization (See Article VIII, Section I, Part 4) and the Handbook for Mass Meetings, Conventions and Party Canvasses: Second Edition, compiled by John Padgett, Shane Ostrowski, and John G. Selph (See Article V, Section D), the Bylaws of the Augusta County Republican Committee (See Article V, Section 20), and even Robert’s Rules of Order (See pg. 39).
   

3. With Bibeau’s motion for a vote of no confidence in the Temporary Chair, that motion was seconded. It must be taken to a vote. Bailey’s first time at ignoring Bibeau’s motion was out of order. At the point when Charles Curry stood and began another, unrelated motion, this went against Robert Rules of Order regarding Illegal Actions because two motions cannot be on the floor at once (See pg. 8). His call for a division of the house was ignored by Bailey. This is in direct violation of Robert’s Rules of Order (See pg. 126). When the first voting process of the night began occurring, questions of voting irregularities and fraud began to be heard. Certain names can up that were unreadable and were deciphered by asking the committee for help, Michael’s name was called twice, and three ladies were allowed to vote that had no credentials present—all illegalities according to Robert’s Rules (See pgs. 71 and 199). Again, when both Michael and Kevin Lacey made points of order, they were ignored by the Chair repeatedly, regarding the counting of the votes, which, according to Robert’s Rules (See pgs. 117 – 119), you cannot do. Wirth’s announcement of the election results for Committee Chairman at the first improper vote is in violation of Robert’s Rules (See pg. 184), where it states that only the presiding chair of the meeting can announce the voting outcome. Bailey’s premature adjournment of the Mass Meeting with no motion, so second, and no vote is in direct violation with Robert’s Rules (See pg. 385)

Part 4 - Kurt Michael: Into to Fire...coming soon!...

See The Opening - Part 1 here.
See Bailey Stumbles Forward - Part 2 here.