Applying extraordinary disciplinary measures to end flagrant party affiliation abuse

BRIEF ON EXPULSION (DRAFT)

Summary: This brief outlines an alternative way in which Republican legislators guilty of party identity fraud, and wrongly thought to be out of reach of effective disciplinary measures within the Idaho Republican Party Rules, can in fact be brought to justice for their dishonesty and prevented from continuing unabated in their abuse of the Party and its Platform unchallenged.  These legislators are a plague within the Party and have been emboldened to continue in their ways for years because Party leadership has allowed themselves to be stymied by a wholly burdensome and ineffective disciplinary procedure within the Party Rules.  It is time for a fresh approach to resolving this affliction.
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        The following advances the idea that those within the Idaho Republican Party guilty of party identity fraud are not worthy of receiving the benefits and privilege of a formal hearing by existing party disciplinary rules and should instead be summoned without delay before a special emergency meeting of the State Central Committee to Show Cause in a Summary Hearing why they should not be immediately expelled from the Idaho Republican Party and be prohibited from using the Republican name and branding.The exigent circumstances cannot be set aside without cost. To delay what is apparent is to further subject Idaho’s citizens to this continuing fraud, bad government and its ill effects.

        The Idaho Republican Party has a duty to itself, its members, and the voting public to deal with the ongoing party identification fraud within the party as it cannot be denied that it does substantial damage to the party image, its name and branding by allowing it to continue.  To fail to take decisive action in countering this fraud is to prolong it and buys time for those whose aim is to subvert the Party to their own agenda. Thirty-eight Republican members of the Idaho legislature are in nothing short of active rebellion to the Idaho Republican Party Platform and what it stands for.

A Private Organization

         The Idaho Republican Party (hereinafter Party) is an unincorporated nonprofit association registered with the Idaho Secretary of State.  It is a “private organization” (Party Rules Article XX Sec.1).  It has asserted this fact a number of times this past year that it is a private organization with all the rights of any private group, club, or entity: “…the Idaho Republican Party…has the constitutional right, under the First Amendment of the United States Constitution, to determine with whom it associates and who associates with it” (Resolution 1-2024 June Party Convention).  “The Idaho Republican Party…blocked reporters who are not registered Republicans from attending the Idaho Republican Presidential Caucus on March 2” (Idaho Capital Sun June 13, 2024).  “…this is a private group. It’s a private association.” (Dorothy Moon quoted in Idaho Capital Sun June 13, 2024).  As an unincorporated association the Party has much latitude in the governance of its internal affairs and conduct.

Idaho Republican Party Rules Pertaining to Discipline
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        In administering disciplinary measures, an organization acts in a quasi-judicial manner.  An Association confines itself to the exercise of the powers vested in it and in good faith exercises the methods prescribed by its rules.  An association’s disciplinary powers are like that of a judicial tribunal and when fairly administered are not subject to judicial review [citation needed].
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Article XII: Party Judicial Oversight

Section 2: The State Republican Party may issue orders to compel performance, prohibit an act from being done, and to otherwise remedy violations of the Idaho Republican Party Rules.
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Section 3: The Judicial Power of the State Republican Party shall be exercised in the following ways:
(a) Any party or parties aggrieved by any violation of the State, Region, County, or Legislative District rule(s) or bylaw(s), or by a violation of any Idaho State election law, may file a complaint with the State Chairman.
(b) The State Chairman shall investigate the complaint and give opportunity to the affected parties to be heard.
        (c) The State Chairman shall rule on a complaint within sixty (60) days of filing and shall issue an appropriate order, sanction, or remedy…”Article XX: Idaho Republican Party Platform Enforcement

Section 3: The Idaho Republican State Central Committee, Legislative District Committees, and County Central Committees are hereby empowered to call into question the conduct of a Republican elected official; give fair consideration to alleged violations and provide a meaningful opportunity for the official to be heard; determine if substantive violations of Party Platform or Constitutions have occurred; provide censure by motion upon the first determination of substantive violations; and by motion for any substantive violations by the same elected official occurring after the first determination of censure has issued and following the same procedures outlined below, may remove Party support and prohibit the use of Republican Party identifiers on campaign information and advertising from the elected official during any subsequent campaign for Idaho political office for a period of five (5) years.
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Right of the Party to Amend or Suspend Party Rules

        Exigent circumstances may at times require the amendment or suspension of Party Rules, especially in cases where the Party must immediately mitigate or stop injury to the Party and its members and the voting public and others where the disciplinary measures within the Party Rules, namely under Articles XII and XX prove wholly inadequate in timely correcting a serious problem and bring it under control.  The Party Rule that allows for correction in such a case is Party Rule Article X Sec. 4 which states, “The Rules of the Idaho Republican Party can only be amended or suspended by the Idaho Republican State Central Committee.”

        The right of an association to at any time amend its own rules is firmly established [add citation, US Legal article].  There are times when it is expedient and judicious to move quickly and decisively in dealing with issues that are of such magnitude that the implications cannot be ignored.  Associations by natural right have the ability to do what is necessary to resolve its own issues and conflicts, and requires nothing more.

Right of the Party State Central Committee Chair to Call a Special Meeting

        “Meetings of the [State Republican Central] Committee may be called by the State Chairman…thirty (30) days in advance for special meetings and within fifteen (15) days for emergency meetings [emphasis added]…and shall state the business to be transacted at the meeting…” Party Rules Article I Sec. 2 .

Right of the Party State Central Committee Members to Call for Special Meeting

         “Upon written petition of fifteen (15) or more members of the Republican State Central Committee, representing not less than five (5) counties asking for a special meeting of the Republican State Central Committee, it shall be the duty of the State Chairman, within ten (10) days from receipt of said petition, to issue a call for a special meeting of the Republican State Central Committee.” Party Rules Article I Sec. 3.Power to Suspend or Expel Members in Exigent Circumstances."
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          An association has the power to initiate disciplinary measures like suspension or expulsion of its members.  An association may expel a member for serious misconduct or dishonesty.  An action that critically disrupts the organization’s goals and purposes amounts to dishonesty [emphasis added].  If an association maintains expulsion guidelines, it must strictly adhere to those guidelines.  If a disciplinary action complies with the expulsion guidelines, members cannot complain of unfair treatment.” (Power of Organization to Suspend or Expel Members article found at US Legal.com website).  The remainder of this article is incorporated here in full (see attached article).
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The Association Constitutes a Contract Between Association and Members
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        The constitution and bylaws of an unincorporated association constitute a contract between the association and its members.  The relationship of a voluntary association with its members is governed by contract law.  A person who becomes a member of an association is deemed to know and have assented to its bylaws .  The member subject himself or herself to the organization’s power to administer as well as to make rules within the scope of the organization.  An association has the right to amend or repeal its constitution or bylaws and the duly amended or repealed laws of the association are binding on the members of the association.
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        With regard to the Republican Party Platform as the Standard for a Republican legislator to be evaluated by, the presumption at law is that every Republican candidate for any office is bound by the obligation that one knows or should know what that standard commands and is able to act accordingly.  To plead ignorance is no excuse for conduct contrary to that standard.  To act contrary to that standard out of ignorance or willfully, either way, is a breach of that contract with the association Idaho Republican Party, is a breach of good faith, of trust, and a betrayal of the Party and what it stands for deserving of disciplining and punishment as meted out by the association through the administration of its governance over the association.

Conclusion
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        Where the evidence is clear and convincing and there are no triable facts, especially within the context of an unincorporated association that by nature can govern its association as it sees fit without any outside judicial review except that it is fair in its disciplining of members and in its application of what may be considered only rudimentary due process in doing so, a resort to a summary hearing where formality is set aside is not only practical but makes sense and certainly saves time money and energy where all are concerned.  For far too long many Republican legislators have been emboldened in their dishonesty by the outright lack of effective enforcement of Party rules where their dishonesty in party identity fraud is concerned.  The logical answer to bringing about justice within the Party and ending this tragedy appears to be through a summary hearing of each case and quickly dispensing justice where no evidence to the contrary is available.
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