KENTUCKY DELEGATE SELECTION PLAN - FOR THE 2020 DEMOCRATIC NATIONAL CONVENTION ISSUED BY THE KENTUCKY - Kentucky ...
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KENTUCKY DELEGATE SELECTION PLAN FOR THE 2020 DEMOCRATIC NATIONAL CONVENTION ISSUED BY THE KENTUCKY DEMOCRATIC PARTY (AS OF FRIDAY, JANUARY 24, 2020)
The Kentucky Delegate Selection Plan For the 2020 Democratic National Convention Table of Contents I. Introduction & Description of Delegate Selection Process A. Introduction .................................................................................................................................. 1 B. Description of Delegate Selection Process ....................................................................................... 1 C. Voter Participation.......................................................................................................................... 1 II. Presidential Candidates A. Ballot Access................................................................................................................................... 6 B. Other Requirements ....................................................................................................................... 8 III. Selection of Delegates and Alternates A. District Level Delegates and Alternates ........................................................................................... 9 B. Automatic Delegates..................................................................................................................... 14 C. Pledged Party Leader and Elected Official (PLEO) Delegates .......................................................... 15 D. At-Large Delegates and Alternates ................................................................................................ 17 E. Replacement of Delegates and Alternates ..................................................................................... 21 IV. Convention Standing Committee Members A. Introduction ................................................................................................................................. 25 B. Temporary Standing Committee Members.................................................................................... 25 C. Standing Committee Members ..................................................................................................... 26 V. Delegation Chair and Convention Pages ................................................................................................. 30 VI. Presidential Electors ............................................................................................................................... 31 VII. General Provisions and Procedural Guarantees ....................................................................................... 33 VIII. Affirmative Action Plan and Outreach and Inclusion Program A. Statement of Purpose and Organization ........................................................................................ 36 B. Representation Goals.................................................................................................................... 38 C. Efforts to Educate on the Delegate Selection Process .................................................................... 40 D. Efforts to Publicize the Delegate Selection Process ........................................................................ 41 E. Obligations of Presidential Candidates to Maximize Participation .................................................. 43 F. Outreach and Inclusion Program ................................................................................................. 43 IX. Challenges A. Jurisdiction and Standing ........................................................................................................... 45 B. Challenges to the Status of the State Party and Challenges to the Plan .......................................... 45 C. Challenges to Implementation ...................................................................................................... 46 X. Summary of Plan A. Selection of Delegates and Alternates ........................................................................................... 48 B. Selection of Standing Committee Members .................................................................................. 48 C. Selection of Delegation Chair and Convention Pages ..................................................................... 49 D. Selection of Presidential Electors ................................................................................................. 49 E. Presidential Candidate Filing Deadline .......................................................................................... 49 F. Timetable ..................................................................................................................................... 49 Attachments to the Delegate Selection Plan
Kentucky Delegate Selection Plan For the 2020 Democratic National Convention Section I Introduction & Description of Delegate Selection Process A. Introduction 1. Kentucky has a total of 60 delegates and 5 alternates. (Call I & Appendix B) 2. The delegate selection process is governed by the Charter and Bylaws of the Democratic Party of the United States, the Delegate Selection Rules for the 2020 Democratic National Convention (“Rules”), the Call for the 2020 Democratic National Convention (“Call”), the Regulations of the Rules and Bylaws Committee for the 2020 Democratic National Convention (“Regs.”), the rules of the Democratic Party of Kentucky, the Kentucky election code, and this Delegate Selection Plan. (Call II.A) 3. Following the State Party Committee’s adoption of this Delegate Selection Plan, the State Party shall submit the Plan for review and approval by the DNC Rules and Bylaws Committee (“RBC”). The State Party Chair shall be empowered to make any technical revisions to this document as required by the RBC to correct any omissions and/or deficiencies as found by the RBC to ensure its full compliance with Party Rules. Such corrections shall be made by the State Party Chair and the Plan resubmitted to the RBC within 30 days of receipt of notice of the RBC’s findings. (Reg. 2.5, Reg. 2.6 & Reg. 2.7) 4. Once this Plan has been found in Compliance by the RBC, any amendment to the Plan by the State Party must be submitted to and approved by the RBC before it becomes effective. (Reg. 2.9) B. Description of Delegate Selection Process 1. Kentucky will use a proportional representation system based on the results of the Primary for apportioning delegates to the 2020 Democratic National Convention. 2. The “first determining step” of Kentucky’s delegate selection process will occur on May 19, 2020, with a Primary. C. Voter Participation 1
State 2020 Delegate Selection Plan 1. Participation in Kentucky’s delegate selection process is open to all voters who wish to participate as Democrats. (Rule 2.A and Rule 2.C.) a. The deadline to register to vote in the Primary Election is Monday, April 20, 2020. Per KRS 116.055, if the voter is already registered in Kentucky, but not registered as a member of the Democratic Party, the voter must register as a Democrat by December 31, 2019 to fully participate in the Primary Election. b. Per KRS 116.025, any person wishing to vote in Kentucky must be: i. A US citizen and a Kentucky resident for at least 29 days. ii. At least 18 years of age by the next general election. iii. Not a convicted felon, or, if so, have their rights restored. iv. Not be judged mentally incompetent in a court of law. v. Not claim the right to vote anywhere outside the Commonwealth. c. In accordance with KRS 116.045, a person interested in voting can obtain a voter registration card on the Kentucky Secretary of State’s website at https://elect.ky.gov/registertovote/Pages/default.aspx, at their local county clerk’s office, online at GoVoteKY.com, or various registration drives throughout the state. Voter registration cards must be received by the Secretary of State’s office, submitted successfully online, or received by the local county clerk’s office no later than Monday, April 20, 2020. (Rule 2.A, Reg. 4.3.A & Reg. 4.3.B) d. To encourage participation by youth in the delegate selection process, any individual who will have turned 18 by the date of the general election will be allowed to participate in the delegate selection process. (Reg. 4.3.C) e. At no stage of Kentucky’s delegate selection process shall any person be required, directly or indirectly, to pay a cost or fee as a condition for participating. Voluntary contributions to the Party may be made, but under no circumstances shall a contribution be mandatory for participation. Successful delegate candidates will be responsible for their own travel, meals and housing for the convention. (Rule 2.D & Reg. 4.4) f. No person shall participate or vote in the nominating process for the Democratic presidential candidate who also participates in the nominating process of any other party for the corresponding election. (Rule 2.E) g. Votes shall not be taken by secret ballot at any stage of the delegate selection process, including processes leading up to the selection of DNC Members or State Chairs or Vice Chairs, who serve as DNC members by virtue of their office, except that use of such voting by secret ballot may be used in a process that is the first determining stage of the delegate election process and in which all individual voters who wish to participate as Democrats are eligible to do so. 2
State 2020 Delegate Selection Plan (Rule 2.F) h. No person shall vote in more than one (1) meeting which is the first meeting in the delegate selection process. (Rule 3.E & Reg. 4.7) 2. The Kentucky Democratic Party is working closely with the Secretary of State’s office and Democratic members on the State Board of Elections to ensure that all eligible voters remain on the rolls. The State Party is directly contacting voters who have become inactive to encourage them to update their registration, and are deploying a statewide voter protection effort to ensure that all eligible voters can legally cast a ballot. Furthermore, current legislation and policies ensure that optical scan voting systems are maintained, certified and deployed in all precincts. All machines – whether electronic or paper – go through rigorous federal and state accreditation; if any errors do arise, the Board of Elections is empowered to decertify equipment. The Secretary of State and State Board of Elections have prioritized the creation and maintenance of auditable paper trails, and any additional federal funding will go to those efforts, including the replacement of the currently employed e-slate machines with those that produce paper records. In each polling location, it is required that one voting machine be equipped and set aside for persons with disabilities; additionally, there are laws in place that ensure that assistance can be given when needed in a fair and private manner. The State Party’s priority is to maintain a Democratic hold on the position of Secretary of State, continuing to work with the Secretary’s office to further the goals outlined below, and to continue to stay watchful of actions taken to our voter rolls, taking legal action when required. a. Maintain secure and accurate state voter registration rolls, so that every eligible American who registers to vote has their personal information protected and secure; (Rule 2.H.1) b. Implement transparent and accurate voter registration list maintenance procedures that comply with federal requirements and ensure that every eligible voter stays on the rolls; (Rule 2.H.2) c. Promote the acquisition, maintenance, and regular replacement of precinct based optical scan voting systems; (Rule 2.H.3) d. Ensure that any direct recording electronic systems in place have a voter verified paper record; (Rule 2.H.4) e. Implement risk limiting post-election audits such as manual audits comparing paper records to electronic records; (Rule 2.H.5) f. Ensure that all voting systems have recognized security measures; (Rule 2.H.6) g. Use accessible and secure voting machines that make it possible for individuals 3
State 2020 Delegate Selection Plan with disabilities to vote securely and privately. (Rule 2.H.7) 3. In accordance with the Democratic Party’s requirement to assess and improve participation with respect to presidential preference and the delegate selection process, the Kentucky Democratic Party works with local county parties to recruit and place informed Democratic poll workers in all polling locations; maintains a year-round voter protection hotline; recruits and trains poll watchers for critical polling locations so any issues at the polling location can be communicated to our legal boiler room immediately; continuously promotes information about absentee voting, polling locations, and hours of voting; and organizes a statewide network of attorneys to assist voters on election day. The State Party is working closely with the DNC Voter Protection team, the Secretary of State’s Office and legislators to further development of a year-round voter protection program to protect and expand the vote and advance election fairness and security, including the six goals set forth below. (Rule 2.I and 2.I.1) a. Expand access to voting, including by early voting, no excuse absentee, same- day voter registration, and continuing to make the voting process easy and accessible to all eligible voters; (Rule 2.I.1.a) b. Ensure that voting locations are accessible, fairly placed, and adequate in number, and have a sufficient number of voting machines; (Rule 2.I.1.b) c. Speed up the voting process and minimize long lines; (Rule 2.I.1.c) d. Eliminate onerous and discriminatory voter identification requirements; (Rule 2.I.1.d) e. Ensure that no eligible voter is turned away from voting because of being in the wrong precinct; and (Rule 2.I.1.e) f. Facilitate military and overseas voting. (Rule 2. I.1.f) 4. As part of encouraging participation in the delegate selection process by registered voters, Kentucky has expanded our electorate through wide promotion of online voter registration via GoVoteKy.org and the “Motor Voter” registration program. In addition, the Kentucky Democratic Party will work to elect a Democratic Secretary of State and Democratic majority in the state House to further the following goals: (Rule 2.I.2) a. Voter registration modernization, including automatic and same-day registration; (Rule 2.I.2.a) b. Pre-registration of high school students so that they are already registered once they reach voting age; (Rule 2.I.2.b) 4
State 2020 Delegate Selection Plan c. Restoration of voting rights to all people who have served the time for their criminal conviction, without requiring the payment of court fees or fines; (Rule 2.I.2.c) and d. Same-day or automatic registration of voters for the Democratic presidential nominating process. (Rule 2.I.2.d) 5. The Kentucky Democratic Party will work with the Kentucky State Democratic House and Senate Caucuses on legislation to ensure an open and inclusive process and resist attempts at voter suppression and disenfranchisement. This includes modifying Kentucky Revised Statutes to allow voters to switch parties as late as the deadline for registering to vote. (Rule 2.J and Rule 2.J.1) 6. Scheduling of Delegate Selection Meetings: The State Party is responsible for selecting the dates and times and locating and confirming the availability of publicly accessible facilities for all official meetings and events related to the delegate selection process. The State Party will consider any religious observations that could significantly affect participation. The dates, times and places for all official Party meetings and events related to the delegate selection process must be scheduled to encourage the participation of all Democrats. (Rule 3.A & Reg. 4.) 5
State 2020 Delegate Selection Plan Section II Presidential Candidates A. Ballot Access 1. A presidential candidate gains access to the Kentucky presidential preference primary ballot by one of four ways: filing a notice of candidacy, filing a certified petition containing at least 5,000 signatures, filing a certification by the Federal Election Commission, filing evidence from 20 other states that candidate is qualified. (Rule 1.A.7, 1.A.8, 15.A, Rule 15.E) a. Filing Notice of Candidacy when nominated by the Kentucky State Board of Elections for those candidates who have qualified for matching federal campaign funds. (KRS 118.581) (1) Pursuant to KRS 118.581, the Kentucky Board of Elections will meet on December 17, 2019, for the purpose of nominating those candidates who have qualified for matching federal campaign funds. A list of those candidates is provided by the Federal Election Commission. (2) A notification of nomination from the Secretary of State will be sent to each candidate by certified mail, with return receipt requested, that he/she will appear as a candidate on the primary ballot of his/her party, provided that the candidate returns the Notice of Candidacy form sent by the Secretary of State and the $1000 filing fee no later than 4:00 p.m. EST, on January 10, 2020. b. Filing certified petition containing at least 5,000 signatures of Kentucky registered voters of the same party as the candidate (KRS 118.591) (1) Pursuant to KRS 118.591 (1-4), the filing of a Presidential Preference Primary Petition (SBE 65 and SBE 65-2) containing at least 5,000 signatures of registered voters of the same party and $1000 filing fee with the Secretary of State not later than 4:00 p.m., local time, on January 10, 2020. (2) The petition shall be signed by the candidate and by the Chairman of the group circulating the petition. The chairman’s signature must be acknowledged by a notary public and the expiration date of the notary’s commission must be stated. Petitioners shall be registered and qualified voters in the Commonwealth, members of the same party as the candidate and shall include date petition was signed, date of birth, signature of petitioner and residence address. 6
State 2020 Delegate Selection Plan c. Filing certification by the Federal Election Commission that candidate has qualified for matching federal campaign funds and a Notice of Candidacy. (KRS 118.591) (1) Pursuant to KRS 118.591 (5), filing with the Secretary of State a Notice of Candidacy, $1000 filing fee and certification by the Federal Election Commission that the candidate has qualified for matching federal campaign funds when such occurs subsequent to the Kentucky State Board of Election’s meeting in December preceding the presidential preference primary. (2) All documents shall be filed no later than January 10, 2020 by 4:00 pm EST. (3) The Notice of Candidacy must have original signature of candidate. d. Filing evidence from twenty (20) other states that candidate is qualified to appear on their presidential preference ballot of his/her political party and Notice of Candidacy. (KRS 118.591) (1) Pursuant to KRS 118.591 (5), filing with the Secretary of State a Notice of Candidacy, $1000 filing fee and evidence from twenty (20) other states that the candidate is qualified to appear on the presidential preference ballot of his/her political party. (2) All documents shall be filed no later than January 10, 2020 by 4:00 pm EST. (3) The Notice of Candidacy must have original signature of candidate. Sufficient documentation from the twenty (20) other states is deemed to be signed certification by the Chief Election Official, or the appropriate governing election authority of the state. Filing a Notice of Candidacy with the Kentucky Secretary of State no later than 4:00 pm EST on January 10, 2020. (4) Sufficient evidence should be signed certifying that the candidate qualifies to appear on the presidential preference ballot by the Chief Election Officials of at least twenty (20) states. (5) Evidence must be sent to Kentucky Secretary of State no later than January 10, 2020 by 4:00 pm EST. 2. All persons wishing to appear on the ballot in Kentucky’s presidential preference primary must send the Secretary of State thousand dollars ($1,000) filing fee no later than January 10, 2020 by 4:00 pm ET. This does not exceed the fee in effect on 7
State 2020 Delegate Selection Plan January 1, 1994. (Rule 15.B) 3. Presidential candidates must also file with the State Party by a declaration of candidacy. This declaration must contain the name, address, and phone number of the candidate’s official representative in Kentucky and statement that such representative is familiar with the Affirmative Action section of this plan and agrees to support the Affirmative Action plan in both letter and in spirit. 4. Pursuant to KRS 117.265, write-in candidates are not permitted in Kentucky primaries. Pursuant to KRS 118.621, the Secretary of State shall place the names of all candidates who have been nominated for the presidential primary ballot of the Democratic Party and additionally place on the ballot of the party a ballot slot for voters to cast an “uncommitted” vote. (Rule 11.C, Rule 14.A, Rule 14.C, Rule 14.D, Rule 14.E, & Rule 15.H) B. Other Requirements 1. Each presidential candidate shall certify in writing to the State Democratic Chair, the name(s) of their authorized representative(s) by January 31, 2020. (Rule 13.D.1) 2. Each presidential candidate (including uncommitted status) shall use their best efforts to ensure that their respective delegation within the state delegation achieves the affirmative action, outreach and inclusion goals established by this Plan and is equally divided between men and women. (Rule 6.I) 8
State 2020 Delegate Selection Plan Section III Selection of Delegates A. District-Level Delegates 1. Kentucky is allocated 36 district-level delegates. (Rule 8.C, Call I.B, I.I, & Appendix B) 2. District-level delegates shall be elected during the Congressional District Conventions. The Congressional district Convention will be held at 10:00 am local time on June 6, 2020 at the Kentucky International Convention Center in Louisville, Kentucky. a. On May 30, 2020 Kentucky will hold County or Legislative District Caucuses to elect delegates to the State Convention to be held on June 6, 2020. (1) Each county or legislative district will have an allotment of delegates based on a formula giving equal weight to the democratic registration in the respective county or legislative district, the democratic turnout for the 2016 presidential election, and the democratic turnout for the 2019 gubernatorial election. (2) Counties with seven or more legislative districts within its borders will elect delegates by legislative district. (3) Pursuant to KRS 118.641, any presidential candidate must receive at least fifteen percent (15%) of the vote in the presidential preference primary to receive a corresponding number of county or legislative district convention delegates. (4) Conduct of Convention a. All participating registered voters must complete a statement of support for their preferred presidential candidate or uncommitted status. Statements will be provided at the convention. b. Persons who arrive after the meeting begins will not be allowed to sign a statement of support or vote for the State Convention delegation. c. Each county or legislative district will elect a Convention Chair who will preside over the convention. d. The Chair will designate areas in which each presidential candidate (including uncommitted) preference group elect the delegation. 9
State 2020 Delegate Selection Plan e. Each person will receive ballots with the names of those wishing to attend the State Convention for the associated presidential preference group. f. Individuals that receive the most votes will attend the 2020 State Convention as Congressional District and State delegates and will elect members of the Kentucky National Convention Delegation. b. The State Convention will be held at 2:00 pm local time on June 6, 2020 at the Kentucky International Convention Center in Louisville, Kentucky. 3. Apportionment of District-Level Delegates a. Kentucky’s district-level delegates are apportioned among the districts based on a formula giving equal weight to the vote for the Democratic candidates in the 2016 presidential and the most recent gubernatorial elections in 2019. This method is selected to ensure districts’ participation in state and national elections are both considered. (Rule 8.A, Reg. 4.12, Reg. 4.11 & Appendix A) b. The number of men and the number of women in the state’s total number of district-level delegates and alternates will not vary by more than one. (Rule 6.C.1 & Reg. 4.9) c. The district-level delegates are apportioned to districts as indicated in the following table: Delegates District Males* Females* Total #1 2 2 4 #2 2 3 5 #3 5 5 10 #4 3 3 6 #5 2 1 3 #6 4 4 8 Total 18 18 36 *(Assuming no gender non-binary delegates are elected.) 4. District-Level Delegate Filing Requirements 10
State 2020 Delegate Selection Plan a. A district-level delegate may run for election only within the district in which they are registered to vote. A district-level delegate’s party registration will be validated as Democrat by State Board of Elections records on or after Monday, April 20, 2020. (Rule 13.H) b. An individual can qualify as a candidate for district-level delegate to the 2020 Democratic National Convention by filing a statement of candidacy designating their singular presidential (or uncommitted) preference and a signed pledge of support for the presidential candidate (including uncommitted status) with the Kentucky Democratic Party no earlier than February 2, 2020 and no later than 4 pm ET on May 8, 2020. A delegate candidate shall modify their singular presidential preference by submitting an updated pledge of support no later than the filing deadline. (Rule 13.B, Rule 15.F & Reg. 4.23) c. Declaration of Candidacy and Pledge of Support forms will be available at the Kentucky Democratic Party office and on its website beginning on February 2, 2020. This form must be received by May 8, 2020 at 4 pm ET, and may be filed in any of the following manners: (1) In person at the Kentucky Democratic Party, located at 190 Democrat Drive, Frankfort, KY. (2) Mailed to the Kentucky Democratic Party, PO Box 694, Frankfort, KY 40602. All applications must be RECEIVED BY May 8, 2020. (3) Faxed to (502) 470-7353. (4) Emailed to the Kentucky Democratic Party at info@kydemocrats.org. (5) Submitted online at kydemocrats.org. (Rule 1.A.7, Rule 1.A.8 & Reg. 4.23) 5. Presidential Candidate Right of Review for District-Level Delegates a. The State Democratic Chair shall convey to the presidential candidate, or that candidate’s authorized representative(s), not later than 4 pm ET on May 11, 2020, a list of all persons who have filed for delegate pledged to that presidential candidate. (Rule 13.D & Rule 13.F) b. Each presidential candidate, or that candidate’s authorized representative(s), must then file with the State Democratic Chair by 4 pm ET on May 26, 2020, a list of all such candidates they have approved, provided that approval be given to at least three (3) separate individuals for each position for delegate to be selected. (Rule 13.E.1, Reg. 4.24 & Reg. 4.25) 11
State 2020 Delegate Selection Plan c. Failure to respond will be deemed approval of all delegates submitted to the presidential candidate unless the presidential candidate, or the authorized representative(s), signifies otherwise in writing to the Kentucky Democratic Party Chair not later than 4 pm ET on May 26, 2020. d. National convention delegate removed from the list of bona fide supporters by a presidential candidate, or that candidate’s authorized representative(s), may not be elected as a delegate at that level pledged to that presidential candidate. (Rule 13.E & Reg. 4.24) e. The Kentucky Democratic Chair shall certify in writing to the Co-Chairs of the DNC Rules and Bylaws Committee whether each presidential candidate has used their best efforts to ensure that their respective district-level delegate candidates meet the affirmative action and outreach and inclusion considerations and goals detailed in the Affirmative Action section of this Plan within three (3) business days of returning the list of approved district-level delegate candidates as indicated in Section III.A.5.b of this Plan. (Rule 6.I & Reg.4.10.C) 6. Fair Reflection of Presidential Preference a. Presidential Primary - Proportional Representation Plan (Rule 14.A, Rule 14.B & Rule 14.D) The Kentucky presidential primary election is a “binding” primary. Accordingly, delegate and alternate positions shall be allocated so as to fairly reflect the expressed presidential (or uncommitted) preference of the primary voters in each district. The National Convention delegates and alternates selected at the district level shall be allocated in proportion to the percentage of the primary vote won in that district by each preference, except that preferences falling below a 15% threshold shall not be awarded any delegates or alternates. b. Within a district, if no presidential preference reaches a 15% threshold, the threshold shall be half the percentage of the vote received in that district by the front-runner. (Rule 14.F) c. On June 6, 2020, county or legislative district delegates will meet at the 2020 Congressional District Conventions at 10:00 am at the Kentucky International Convention Center in Louisville, Kentucky, to elect district delegates. (Rule 13.G) (1) Following the presidential preference primary on May 19, 2020, delegate and alternate positions for each congressional district will be proportionately allocated to presidential candidates (including 12
State 2020 Delegate Selection Plan uncommitted) based on vote totals in each district. (Rule 12.G) (2) Each district convention will be presided over by a District Chair who will be appointed by the State Chair. The District Chair will conduct the convention and will rule on any question of procedure. (3) Once the convention is called to order, the District Chair will designate areas of caucus in which the delegates of each presidential (or uncommitted) preference will elect the person to fill the national district delegate positions. (4) Only those who have properly filed a Declaration of Candidacy and Pledge of Support form with the Kentucky Democratic Party by May 8, 2020 at 4 pm ET will be placed on the ballot. (5) A duly authorized representative of the candidate will chair each preference caucus or, if there is no such representative, the District Chair will appoint a temporary Preference Caucus Chair to conduct an election to determine a permanent preference Caucus Chair. (6) The Preference Caucus Chair will appoint a Preference Caucus Secretary and two (2) tabulators who shall record the results of the preference caucus (7) The caucus will then vote on the candidates for delegate. The caucus for each presidential preference shall consist only of those persons who have signed statements of support for that preference (8) The ballot will contain the names of candidates for delegates for the appropriate preference and the county in which the voter resides. (9) The Secretary and two (2) tabulators will then determine the number of votes cast for each candidate for delegate. 7. Equal Division of District-Level Delegates a. To ensure the district-level delegates are equally divided between men and women (determined by gender self-identification) the gender of the first binary delegate elected in each district will be designated. At the time of election of delegates in the district the binary gender advantage will alternate as delegate positions are filled and the alternation shall continue across presidential preferences in order of vote-getting preference. In the case of non-binary gender delegates, they shall not be counted in either the male or female category. (Rule 6.C., Rule 6.C.1 & Reg. 4.10) 13
State 2020 Delegate Selection Plan b. In order to ensure the district delegates and alternates are equally divided among men and women and within each respective presidential candidate’s delegation, delegate positions within each district will be designated by presidential preference beginning with the highest vote-getting presidential preference. This assignment of delegate positions, alternating by sex as mathematically practicable, will continue with the next highest vote-getting preferences in descending order until the gender of each position has been assigned. c. The delegate positions shall be pre-designated so that the gender of the first position to be filled by the winning presidential candidate is predetermined. The gender of the first position shall be female. Once the allocation of district delegates among presidential preference(s) has been calculated, the remaining delegate positions can be assigned to the presidential preference(s), in order of vote won, alternating by gender. 8. Alternates are not selected at the pledged District level. These alternates are combined with the at-large alternates and selected as one unit. 9. The State Democratic Chair shall certify in writing to the Secretary of the Democratic National Committee (DNC) the election of the state’s district-level delegates and alternates to the Democratic National Convention within 10 days after their election. (Rule 8.C & Call IV.A) B. Automatic Delegates 1. Automatic Party Leaders and Elected Officials a. The following categories (if applicable) shall constitute the Automatic Party Leaders and Elected Official delegate positions: (1) Members of the Democratic National Committee who legally reside in Kentucky; (Rule 9.A.1, Call I.F, Call I.J, & Reg. 4.15) (2) Democratic President and Democratic Vice President (if applicable); (Rule 9.A.2 & Call I.G) (3) All of Kentucky’s Democratic Members of the U.S. House of Representatives and the U.S. Senate; (Rule 9.A.3, Call I.H & Call I.J) (4) The Democratic Governor (if applicable); (Rule 9.A.4, Call I.H & Call I.J) (5) “Distinguished Party Leader” delegates who legally reside in the state (if applicable). (Rule 9.A.5, Call I.G & Reg. 4.14) 14
State 2020 Delegate Selection Plan b. An Automatic delegate may run and be elected as a Pledged delegate. If an Automatic delegate is elected and certified as a Pledged delegate, that individual shall not serve as an Automatic delegate at the 2020 National Convention. (Call I.J) c. The certification process for the Automatic Party Leader and Elected Official delegates is as follows: (1) Not later than March 6, 2020, the Secretary of the Democratic National Committee shall officially confirm to the State Democratic Chair the names of the Automatic delegates who legally reside in Kentucky. (Rule 9.A) (2) Official confirmation by the Secretary shall constitute verification of the Automatic delegates from the categories indicated above. (Call IV.B.1) (3) The State Democratic Chair shall certify in writing to the Secretary of the DNC the presidential preference of Kentucky‘s Automatic delegates 10 days after the completion of the State’s Delegate Selection Process. (Call IV.C) 2. For purposes of achieving equal division between delegate men and delegate women within the state’s entire convention delegation (determined by gender self- identification), the entire delegation includes all pledged and Automatic delegates, including those who identify as male or female. (Rule 6.C and Reg. 4.9) C. Pledged Party Leader and Elected Official (PLEO) Delegates 1. Kentucky is allotted 6 pledged Party Leader and Elected Official (PLEO) delegates. (Call I.D, Call I.E & Appendix B) 2. Pledged PLEO Delegate Filing Requirements a. Individuals shall be eligible for the pledged Party Leader and Elected Official delegate positions according to the following priority: big city mayors and state-wide elected officials (to be given equal consideration); state legislative leaders, state legislators, and other state, county and local elected officials and party leaders. Automatic delegates who choose to run for PLEO delegate will be given equal consideration with big city mayors and state-wide elected officials. (Rule 10.A.1 & Reg. 4.16) b. An individual can qualify as a candidate for a position as a pledged PLEO delegate by filing a declaration of candidacy and signed pledge of support to a presidential candidate (or uncommitted) status. Declaration of Candidacy and Pledge of Support forms will be available at the Kentucky Democratic Party 15
State 2020 Delegate Selection Plan office and on its website beginning on February 2, 2020. This form must be received by May 8, 2020 at 4 pm ET, and may be filed in any of the following manners: (1) In person at the Kentucky Democratic Party, located at 190 Democrat Drive, Frankfort, KY. (2) Mailed to the Kentucky Democratic Party, PO Box 694, Frankfort, KY 40602. All applications must be RECEIVED BY May 8, 2020. (3) Faxed to (502) 470-7353. (4) Emailed to the Kentucky Democratic Party at info@kydemocrats.org. (5) Submitted online at kydemocrats.org. c. If persons eligible for pledged PLEO delegate positions have not already made known their presidential preference (or uncommitted status) as candidates for district-level or at-large delegate positions, their preference shall be ascertained by delivering a declaration of candidacy and pledge of support to the State Chair immediately following the Congressional District Conventions on June 6, 2020. (Rule 10.A.3 & Reg. 4.17) 3. Presidential Candidate Right of Review a. The State Democratic Chair shall convey to the presidential candidate, or that candidate’s authorized representative(s), not later than May 11, 2020 at 4 pm ET, a list of all persons who have filed for a party and elected official delegate pledged to that presidential candidate. (Rule 10.A.3 & Rule 13.D) b. Each presidential candidate, or that candidate’s authorized representative(s), must file with the State Democratic Chair, by 2 pm ET on June 6, 2020, a list of all such candidates they have approved, as long as approval is given to at least one (1) name for every position to which the presidential candidate is entitled. (Rule 13.E.2, Reg. 4.25, Rule 13.D.3) c. Failure to respond will be deemed approval of all delegate candidates submitted to the presidential candidate unless the presidential candidate or the authorized representative(s) signifies otherwise in writing to the State Democratic Chair not later than 2 pm ET on June 6, 2020. (Rule 13.D) d. The State Democratic Chair shall certify in writing to the Co-Chairs of the DNC Rules and Bylaws Committee whether each presidential candidate has used their best efforts to ensure that their respective pledged PLEO delegate candidates meet the affirmative action and outreach and inclusion 16
State 2020 Delegate Selection Plan considerations and goals detailed in the Affirmative Action section of this Plan within three (3) business days of returning the list of approved pledged PLEO candidates as indicated in Section III.C.3.b of this Plan. (Rule 6.I & Reg. 4.10.C) 4. Selection of Pledged Party Leader and Elected Official Delegates a. The pledged PLEO slots shall be allocated among presidential preferences on the same basis as the at-large delegates. (Rule 10.A.2, Rule 11.C, Rule 14.E & Rule 14.F) b. Selection of the pledged PLEO delegates will occur at 2 pm ET on June 6, 2020 at the State Convention at the Kentucky International Convention Center in Louisville, Kentucky, which is after the election of district-level delegates and alternates and prior to the selection of at-large delegates and alternates. (Rule 10.A, Rule 10.B) c. The Convention Chair shall read the names of the individuals who previously submitted a statement of candidacy and who were previously approved by the presidential candidate. Nominations shall be accepted from this list in order of priority set forth in paragraph 2.A. Voting shall be complete for each priority level separately until all six (6) positions are filled. For example, if six big city mayors and statewide elected officials are nominated and selected, the PLEO election is completed. d. Alternates are not selected at the pledged Party Leader and Elected Official level. These alternates are combined with the at-large alternates and selected as one unit. 5. The State Democratic Chair shall certify in writing to the Secretary of the Democratic National Committee the election of the state’s pledged Party Leader and Elected Official delegates to the Democratic National Convention within 10 days after their election. (Call IV.A & Reg. 5.4.A) D. At-Large Delegates and Alternates 1. The state of Kentucky is allotted twelve (12) at-large delegates and five (5) at-large alternates. (Rule 8.C, Call I.B, II, Appendix B & Reg. 4.34) 2. At-Large Delegate and Alternate Filing Requirements: a. Persons desiring to seek at-large delegate or alternate positions may file a statement of candidacy designating their singular presidential or uncommitted preference and a signed pledge of support for the presidential candidates (including uncommitted status) with the State Party. Declaration of Candidacy and Pledge of Support forms will be available at the Kentucky Democratic Party 17
State 2020 Delegate Selection Plan office and on its website beginning on February 2, 2020. This form must be received by May 8, 2020 at 4 pm ET, and may be filed in any of the following manners: (1) In person at the Kentucky Democratic Party, located at 190 Democrat Drive, Frankfort, KY. (2) Mailed to the Kentucky Democratic Party, PO Box 694, Frankfort, KY 40602. All applications must be RECEIVED BY May 8, 2020. (3) Faxed to (502) 470-7353. (4) Emailed to the Kentucky Democratic Party at info@kydemocrats.org. (5) Submitted online at kydemocrats.org. b. A delegate or alternate candidate may modify their singular presidential preference by submitting an updated pledge of support no later than the filing deadline. (Rule 13.A., Rule 13.B, Rule 15.G, Reg. 4.22, Reg. 4.23, & Reg. 4.31) c. The statement of candidacy for at-large delegates and for at-large alternates will be the same. After the at-large delegates are elected by the Kentucky State Democratic Executive Committee, those persons not chosen will then be considered candidates for at-large alternate positions unless they specify otherwise when filing. (Rule 19.A) 3. Presidential Candidate Right of Review a. The State Democratic Chair shall convey to the presidential candidate, or that candidate’s authorized representative(s), not later than 4 pm ET on May 11, 2020, a list of all persons who have filed for delegate or alternate pledged to that presidential candidate. (Rule 13.D, Reg. 4.24.D & Reg. 4.31.C) b. Each presidential candidate, or that candidate’s authorized representative(s), must then file with the State Democratic Chair, by 4:45 pm ET on June 6, 2020, a list of all such candidates they have approved, provided that, at a minimum, one (1) name remain for every national convention delegate or alternate position to which the presidential candidate is entitled. (Rule 13.D.4, Rule 13.E.2 & Reg. 4.25) c. Failure to respond will be deemed approval of all delegate candidates submitted to the presidential candidate unless the presidential candidate or the authorized representative(s) signifies otherwise in writing to the State Democratic Chair not later than 4:45 pm ET on June 6, 2020. 18
State 2020 Delegate Selection Plan d. The State Democratic Chair shall certify in writing to the Co-Chairs of the DNC Rules and Bylaws Committee whether each presidential candidate has used their best efforts to ensure that their respective at-large delegate candidates and at-large alternate candidates meet the affirmative action and outreach and inclusion considerations and goals detailed in the Affirmative Action and Outreach and Inclusion section of this Plan within three (3) business days of returning the list of approved at-large delegate candidates and at-large alternate candidates as indicated in this Section. 4. Fair Reflection of Presidential Preference a. At-large delegate and alternate positions shall be allocated among presidential preferences according to the state-wide primary vote. (Rule 11.C) b. Preferences which have not attained a 15% threshold on a state-wide basis shall not be entitled to any at-large delegates. (Rule 14.E) c. If no presidential preference reaches a 15% threshold, the threshold shall be half the percentage of the statewide vote received by the front-runner. (Rule 14.F) d. If a presidential candidate otherwise entitled to an allocation is no longer a candidate at the time of selection of the at-large delegates, their allocation will be proportionally divided among the other preferences entitled to an allocation. (Rule 11.C) e. If a given presidential preference is entitled to one (1) or more delegate positions but would not otherwise be entitled to an alternate position, that preference shall be allotted one (1) at-large alternate position. (Rule 19.B, Call I.I & Reg. 4.33) 5. Selection of At-Large Delegates and Alternates a. The selection of the at-large delegates and alternates will occur by the State Central Executive Committee immediately following the State Convention at 5 pm local time on June 6, 2020 at the Kentucky International Convention Center in Louisville, Kentucky, which is after all pledged Party Leader and Elected Official delegates have been selected. (Call III) b. This committee will be selected throughout the open processes in conformity with the basic procedural guarantees utilized for delegate selection. (1) The committee will consist of: • Two men, two women, and one man or woman thirty-five years of age or younger from each Congressional district, 19
State 2020 Delegate Selection Plan • Two National Democratic Committee members, • Nine state at-large members, • A Chair and Vice-Chair, • Four Democratic Members of the Kentucky General Assembly, • The President of the Kentucky Young Democrats, and • The President of the Democratic Women’s Club of Kentucky. (2) The State Central Executive Committee will be elected on June 6, 2020 and is equally divided between males and females. (3) Membership of the State Party Committee is apportioned on the basis of population and or/some measure of Democratic strength. (Rule 10.B.1 & Reg. 4.18.A) (4) Members of the State Party Committee have been elected through open processes in conformity with the basic procedural guarantees utilized for delegate selection. (Rule 10.B.2 & Reg. 4.18.B) (5) Such delegates are elected at public meetings subsequent to the election of district-level delegates. (Rule 10.B.3) (6) Members of the State Party Committee will have been elected no earlier than the date of the previous presidential election. (Rule 10.B.4 & Reg. 4.18.B) (7) Membership of the State Party Committee complies with the equal division requirements of Article 9, Section 16 of the Charter of the Democratic Party of the United States. (Rule 10.B.5 & Reg. 4.18.C) c. A meeting of the State Central Executive Committee shall be called immediately following the close of the State Convention on June 6, 2020. At this meeting: (1) The Chair shall announce the number of delegate and alternate positions allocated to each presidential or uncommitted preference. (2) The Chair will then announce the names of each approved candidate for delegate for each presidential preference, including uncommitted. (3) Members will then elect delegates for each preference and repeat process for all preferences until delegates are elected. 20
State 2020 Delegate Selection Plan d. Priority of Consideration (1) In the selection of the at-large delegation priority of consideration shall be given to African Americans, Hispanics, Native Americans, Asian Americans and Pacific Islanders and women, if such priority of consideration is needed to fulfill the affirmative action goals outlined in the state’s Delegate Selection Plan. (Rule 6.A.3) (2) To continue the Democratic Party’s ongoing efforts to include groups historically under-represented in the Democratic Party’s affairs and to assist in the achievement of full participation by these groups, priority of consideration shall be given other groups by virtue of race, sex, age, color, creed, national origin, religion, ethnic identify, sexual orientation, gender identity and expression, economic status or disability. (Rule 5.C, Rule 6.A.3, Rule 7 & Reg. 4.8) (3) The election of at-large delegates and alternates shall be used, if necessary, to achieve the equal division of positions between men and women as far as mathematically practicable, and may be used to achieve the representation goals established in the Affirmative Action Plan and Outreach and Inclusion Program section of this Plan. (Rule 6.A, Rule 6.C and Reg. 4.9) (4) Delegates and alternates are to be considered separate groups for this purpose. (Rule 6.C.1, Rule 11.A, Reg. 4.9 & Reg. 4.20) 6. The State Democratic Chair shall certify in writing to the Secretary of the Democratic National Committee the election of the state’s at-large delegates and alternates to the Democratic National Convention within 10 days after their election. (Rule 8.C & Call IV.A) E. Replacement of Delegates and Alternates 1. A pledged delegate or alternate may be replaced according to the following guidelines: a. Permanent Replacement of a Delegate: (Rule 19.D.3) (1) A permanent replacement occurs when a delegate resigns or dies prior to or during the national convention and the alternate replaces the delegate for the remainder of the National Convention. (2) Any alternate permanently replacing a delegate shall be of the same presidential preference (including uncommitted status) and gender of the 21
State 2020 Delegate Selection Plan delegate they replace, and to the extent possible shall be from the same political subdivision within the state as the delegate. (a) In the case where the presidential candidate has only one (1) alternate, that alternate shall become the certified delegate. (b) If a presidential candidate has only one (1) alternate, and that alternate permanently replaces a delegate of a different gender, thereby causing the delegation to no longer be equally divided, the delegation shall not be considered in violation of Rule 6.C. In such a case, notwithstanding Rule 19.D.2, the State Party Committee shall, at the time of a subsequent permanent replacement, replace a delegate with a person of a different gender, in order to return the delegation to equal division of men and women. (Reg. 4.36) (3) If a delegate or alternate candidate who has been elected but not certified to the DNC Secretary resigns, dies, or is no longer eligible to serve, they shall be replaced, after consultation with the State Party, by the authorized representative of the presidential candidate to whom they are pledged. (Rule 19.D.2) a. Temporary Replacement of a Delegate: (Rule 19.D.4) (1) A temporary replacement occurs when a delegate is to be absent for a limited period of time during the convention and an alternate temporarily acts in the delegate’s place. (2) Any alternate who temporarily replaces a delegate must be of the same presidential preference (including uncommitted status) as the delegate they replace, and to the extent possible shall be of the same gender and from the same political subdivision within the state as the delegate. b. The following system will be used to select permanent and temporary replacements of delegates: (Rule 19.D.1) (1) The alternate who receives the highest number of votes becomes the delegate. c. Certification of Replacements (1) Any alternate who permanently replaces a delegate shall be certified in writing to the Secretary of the DNC by the State Democratic Chair. (Rule 19.D.3) 22
State 2020 Delegate Selection Plan (2) Permanent replacement of a delegate (as specified above) by an alternate and replacement of a vacant alternate position shall be certified in writing by the Kentucky Democratic Chair to the Secretary of the Democratic National Committee within three (3) days after the replacement is selected. (Call IV.D.1) (3) Certification of permanent replacements will be accepted by the Secretary up to 72 hours before the first official session of the Convention is scheduled to convene. (Call IV.D.1 & Reg. 4.35) (4) In the case where a pledged delegate is permanently replaced after 72 hours before the time the first session is scheduled to convene or, in the case where a pledged delegate is not on the floor of the Convention Hall at the time a roll call vote is taken, an alternate may be designated (as specified above) to cast the delegate’s vote. In such case, the Delegation Chair shall indicate the name of the alternate casting the respective delegate’s vote on the delegation tally sheet. (Call IX.F.3.e, Call IX.F.3.c & Reg. 5.6) d. A vacant alternate position shall be filled by the delegation. The replacement shall be of the same presidential preference (or uncommitted status), of the same gender and, to the extent possible, from the same political subdivision as the alternate being replaced. (Rule 19.E) 2. Automatic delegates shall not be entitled to a replacement, nor shall the state be entitled to a replacement, except under the following circumstances: (Call IV.D.2 & Reg. 4.37) a. Members of Congress and the Democratic Governor shall not be entitled to name a replacement. In the event of changes or vacancies in the state’s Congressional Delegation, following the official confirmation and prior to the commencement of the National Convention, the DNC Secretary shall recognize only such changes as have been officially recognized by the Democratic Caucus of the U.S. House of Representatives or the Democratic Conference of the U.S. Senate. In the event of a change or vacancy in the state’s office of Governor, the DNC shall recognize only such changes as have been officially recognized by the Democratic Governors’ Association. (Call IV.D.2.a) b. Members of the Democratic National Committee shall not be entitled to a replacement, nor shall the state be entitled to a replacement, except in the case of death of such delegates. In the case where the state’s DNC membership changes following the DNC Secretary’s official confirmation, but prior to the commencement of the 2020 Democratic National Convention, acknowledgment by the Secretary of the new DNC member certification shall 23
State 2020 Delegate Selection Plan constitute verification of the corresponding change of Automatic delegates. (Call, IV.D.2.b) c. Automatic distinguished Party Leader delegates allocated to the state pursuant to Rule 9.A.(5), shall not be entitled to name a replacement, nor shall the state be entitled to name a replacement. (Call IV.D.2.c) d. In no case may an alternate cast a vote for an Automatic delegate. (Call IX.F.3.e) 24
State 2020 Delegate Selection Plan Section IV Selection of Convention Standing Committee Members A. Introduction 1. Kentucky has been allocated (2) member(s) on each of the three (3) standing committees for the 2020 Democratic National Convention (Credentials, Platform and Rules), for a total of 6 members. (Call VII.A & Appendix D) 2. Members of the Convention Standing Committees need not be delegates or alternates to the 2020 Democratic National Convention. (Call VII.A.3) 3. These members will be selected in accordance with the procedures indicated below. (Rule 1.G) B. Temporary Standing Committee Members 1. Two (2) temporary members and two (2) temporary alternates for the Platform Committee, will be selected by the State Central Executive Committee at a meeting on March 14, 2020. The meeting shall be open to the public and well publicized in accordance with this Plan. Members of State Central Executive Committee shall receive timely notice of the meeting, in accordance with State Party rules. (Call VII.G.2) 2. Any Democrat may apply as a temporary member and/or alternate of the Platform Committee. The application must include full name; voting address; gender (determined by self-identification); designation to be considered a temporary member, and alternate, or both; confirmation that the person is able and willing to serve on the Platform Committee for the duration of the meetings at the time and place selected by the Democratic National Committee. Persons wishing to be considered as a temporary member and/or temporary alternate must submit their application via the following methods, no later than March 13, 2020 at 4 pm ET. a. In person at the Kentucky Democratic Party, located at 190 Democrat Drive, Frankfort, KY. b. Mailed to the Kentucky Democratic Party, PO Box 694, Frankfort, KY 40602. All applications must be RECEIVED BY March 13, 2020. c. Faxed to (502) 470-7353. d. Emailed to the Kentucky Democratic Party at info@kydemocrats.org. e. Submitted online at kydemocrats.org. 25
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