Nullify a Resolution, “Standing Rule – Substitution of Location for Properly Noticed Meetings” March 7, 2023

WHEREAS, the above named resolution (Rule Resolution) was passed by those attending an illegitimately called CEC meeting on March 7, 2023; and

WHEREAS, the Rule Resolution states that a standing rule may not be in conflict with the Texas Election Code, the Republican Party of Texas rules, or changes to the accepted Bylaws; and

WHEREAS, the Montgomery County Republican Party of Texas recognizes the authority of the Accepted Bylaws and does not maintain nor recognize a list of Rules other than the Bylaws. Therefore, it is the position of this Resolution that the “Rules” are the accepted Bylaws and may only be amended according to the method prescribed by the Bylaws; and

WHEREAS, the Rule Resolution violates the accepted Bylaws when it states that only “the County Chairman or the Steering Committee will decide the actual location of all CEC Meetings of any type.” This power is not granted in the Bylaws and would therefore require a change to the Bylaws. The March 7, 2023, meeting attendance did not meet the criteria of a Bylaw change as outlined in the accepted Bylaws. According to the posted minutes of said meeting, there were only 42 attendees including the chairman. Article XIV—Amendment of Bylaws section 3 states, “Amendments to the Bylaws need a yea vote of two/thirds (2/3) vote of the members present when at least 50% of the members are voting at a scheduled Executive Committee meeting. At this time, it would require a minimum of 56 CEC members* to be in attendance and a minimum of 38* voting yea; and

WHEREAS, the accepted Bylaws Article XVI only allow electronic meetings to be held by Sub-committees by a majority vote of said committee and by the Steering Committee by a majority vote, it would therefore require a change to the Bylaws to allow for electronic meetings to be held by the CEC. Therefore, the Rule Resolution violates Article XVI and Article XIV when it states “An electronic service is an acceptable location for all or some meeting participants, and all CEC members shall be considered present for all purposes related to a meeting if participating either in person or electronically at the locations designated in the call issued by the County Chair.” In addition, it has been the experience of the CEC that the County Chair does not follow the procedures as described in Robert’s Rules of Order, Newly Revised 12th Edition regarding the proper procedures for conducting an online meeting and there is no reason for the CEC to believe that those procedures would be followed in the future.

THEREFORE, LET IT BE RESOLVED that the Rule Resolution of March 7, 2023, be declared null and void regarding the naming of a meeting location by the County Chair or Steering Committee and that there will be no electronic meetings held by the CEC in part or whole.

LET IT ALSO BE RESOLVED that there may be no Rules established except by following the procedures to Amend the Bylaws as outlined in Article XIV of the accepted Bylaws.