Dear SCC Member,
We have read and reviewed the memorandums from Ben Nicholas and John Fielder on whether Tx2Vote is permitted by the Bylaws and Emergency Bylaws at the upcoming March 27th Organizational Meeting of the Colorado Republican Committee, which is an unincorporated nonprofit association and political party committee, governed by and operating under the laws of the State of Colorado.
To our surprise and chagrin in reviewing the same we conclude that the arguments are moot as it has become clear that Tx2Vote was in fact never properly approved in accordance with Emergency Bylaw #12 adopted by the Executive Committee of the CRC on January 21, 2021 which states in full:
“Notwithstanding any provision of the Bylaws of the Colorado Republican State Central Committee, the State Chairman may provide for alternative credentialing and/or voting procedures to facilitate remote participation at the 2021 Republican State Organizational Meeting as permitted by House Bill 2021-1001. If the State Chairman determines to provide for such procedures, except to the extent required by exigent circumstances, he must announce such procedures at least 14 days before the 2021 Republican State Organizational Meeting by e-mail to all county and district chairmen, and all members of the Colorado Republican State Central Committee for whom the state party has an email address and by posting notice of such procedures to the State Party website at www.cologop.org. Proxies are not permitted in Central Committee meetings where remote participation is permitted.”
The Emergency Bylaw explicitly requires that the Chairman “must announce such procedures . . . at least 14 days before the 2021 Republican State Organization Meeting . . . and by posting of such procedures at the state party website www.cologop.org. First and foremost, the procedures were not posted on the website by March 13th. Moreover, the Bylaw makes it abundantly clear that the Chairman “must” announce the procedures and no one else. An announcement by the Executive Director of a training video not even mentioning the Chairman is not sufficient and is at most a nonbinding ultra vires act. See Anderson v. Applewood Water Association, Inc., 409 P.3d 611 (2016).
We strongly urge the Chairman in consultation with Party attorney Chris Murray to either permit only paper ballots at he 27th Meeting with proxies as mandated by the Bylaws or alternatively postpone the Meeting so that proper notice is give given pursuant to Emergency Bylaw #12.
Charles C. Bonniwell: Executive Committee Member, SCC Bonus Member
Randy Corporan: Executive Committee Member, CO Republican Committeeman