Saturday, August 27, 2022

An Independent Controversy (Or, "As The State Turns")

It appears that the race for governor of Connecticut just got a little more interesting, if not more complicated.  Allow me to explain.    

This past Tuesday was statewide caucus night for a "minor party" (see definition) known as the "Independent Party of Connecticut", who were meeting in Guilford.  Regarding the group's endorsement for governor, the choice was between party member Rob Hoteling, Republican Ernestine Holloway, and Republican Bob Stefanowski (the latter appearing on a write-in basis) (1).   

After general balloting on the question of the nominee, the tally stood even, at seventy-five votes for each candidate.   

Announcing this result, Party Chairman Michael Telesca took it upon himself to break the tie, casting a vote for Hotelier.  Subsequently, the Independent candidate was announced to have won the party's endorsement. 
  

Bear with me, because here's where "shenanigans" come into play.    

It seems that Chairman Telesca had already voted once on the question of the party nominee.  Thus, according to "Robert's Rules of Order", he could not then cast another vote to break the resulting tie (2).  

In addition, the bylaws of the Independent Party clearly stipulate that the party nominee for office is  the candidate that, at caucus, "receives 51% of the votes" (3).  


Failing this, to wit:

"If there are three or more candidates for an office, and no one gets at least 51% of the votes, then...a new vote will take place until a candidate receives 51% or more of the vote


Pursuant to the party bylaws, a second round of voting should've been called for.  Yet the chairman failed to open such a vote, in admitted violation of these very bylaws.   


This issue aside, the matter gets even more complicated.  Connecticut General Statutes state thus:  


"Not later than five days before a minor party holds a party meeting to nominate a candidate for public office, the presiding officer of such meeting shall give written notice of the date, time, location and purpose of the meeting to, in the case of a municipal office, the town clerk of the municipality served by such office, or in the case of a state office or district office, the Secretary of the State.  

Concomitantly, the presiding officer of such meeting shall cause the written notice of such meeting to be published in a newspaper with a general circulation in the applicable town for such office"

"All minor parties nominating candidates for any elective office shall make such nominations and certify and file a list of such nominations, as required by this section, not later than the sixty-second day prior to the day of the election at which such candidates are to be voted for.

If such certificate of a party's nomination is not received by the Secretary of the State or clerk of the municipality, as appropriate, by such time, such certificate shall be invalid and such party, for purposes of sections 9-460, 9-461 and 9-462, shall be deemed to have neither made nor certified any nomination of any candidate for such office" (4)


It appears that the Independent Party may not have given notice of its caucus in a timely manner, nor have filed a list of nominations in such a way.  The Secretary of the State has not responded to inquiries as to whether or not this has occurred.  


On Thursday, the Stefanowski campaign formally objected to the Independent Party's endorsement/nomination, sending a letter to Secretary of the State Mark Kohler.  

The letter (particularly noting the violations, and admittance that those violations occurred) cited state statutes on the nomination of statewide candidates.  Further, it requested the Secretary "decline to accept the purported endorsement letter at this time", or alternatively to review the facts of the case.  

One day later, Secretary Kohler refused this request, saying that "there is nothing (that he) can do".  This is despite his constitutional duty to provide for free and fair elections (5).  

Frankly, I kind of saw this result coming.  After all, Secretary Kohler is a Lamont appointee, one that was not reviewed or consented to by the General Assembly to boot.  Mr. Kohler doubtless knows that "King Ned" himself signs his paychecks; thus, he wouldn't want to do anything to anger "His Highness" and master (6, 7).  

A word of advice to the Secretary; if you are unable or unwilling to perform your constitutional duties, then you should resign, just as your predecessor (former Secretary of the State Denise Nappier) did. 


So what will become of the legal case surrounding the Independent Party's nomination, which Mr. Stefanowski has said that he will contest in court? And how will this affect the very important race for governor of Connecticut?

As always, there's only one way to find out; "tune in to the next episode of 'As the State Turns'!" 



Definition - 

Minor Party: Noun. As defined by Connecticut election law, a third party, e.g. the Constitution Party or the Working Families Party.


Sources:

1. Dixon, Ken. “Stefanowski Files Legal Challenge after Independent Party Loss.” CT Insider, 24 Aug. 2022, www.ctinsider.com/news/article/For-Stefanowski-loss-of-Independent-Party-ballot-17395735.php?t=837fe42e47. Accessed 27 Aug. 2022.  

2. Robert, Henry M. “Robert’s Rules of Order Revised (Article VIII, Section 46 Clause 7)" Robert’s Rules of Order Revised, Constitution Society of Texas, robertsrules.org/rror-08.htm#46. Accessed 27 Aug. 2022.

3. Bob Stefanowski For Governor. “Letter To The Connecticut Secretary Of The State.” Bob Stefanowski For Governor, 25 Aug. 2022, www.bobforgovernor.com/08-25-2022/?fbclid=IwAR262OSs0TPr8EJH5NG3c3FKq6G_qAVkgE654zY_6LWUOKGkerexP35w8O8. Accessed 27 Aug. 2022. 

4. General Assembly of the State of Connecticut. “Chapter 153 - Nominations And Political Parties.” General Statutes of Connecticut, State of Connecticut, www.cga.ct.gov/current/pub/chap_153.htm#sec_9-452. Accessed 27 Aug. 2022.

5. Dixon, Ken. “Secretary of the State Says It Can’t Help Bob Stefanowski in Independent Party Standoff.” Connecticut Post, 26 Aug. 2022, www.ctpost.com/news/article/Secretary-of-the-State-says-it-can-t-help-Bob-17400467.phpAccessed 27 Aug. 2022.

6. Lucy Burns Institute. “Connecticut Secretary of State.” Ballotpedia, Lucy Burns Institute, ballotpedia.org/Connecticut_Secretary_of_State. Accessed 27 Aug. 2022.

7. Office of Governor Ned Lamont. “Governor Lamont Appoints Mark Kohler as Secretary of the State.” CT.Gov - Connecticut’s Official State Website, 30 June 2022, portal.ct.gov/Office-of-the-Governor/News/Press-Releases/2022/06-2022/Governor-Lamont-Appoints-Mark-Kohler-as-Secretary-of-the-StateAccessed 27 Aug. 2022.





















  












































In this, the caucus could've endorsed someone from their own party, or one of the "major party" nominees.  


General Statutes (title 9, chapter 153, section 452 (a)














No comments:

Post a Comment