igff SEESE 3 i STATE OF NORTH CAROLINA 331N THE GENERAL COURT OFJUSTICE WAKE COUNTY . E: m} SUPERIOR COURT DIVISION 19 CVS CHRISTOPHER J. ANGLIN, Plaintiff, VERIFIED COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF V. NORTH CAROLINA REPUBLICAN PARTY, ROBIN HAYES, IN HIS ROLE AS CHAIRMAN OF THE NORTH CAROLINA REPUBLICAN PARTY AND AUBREY WOODARD, IN HIS ROLE As ACTING CHAIRMAN OF THE NORTH CAROLINA REBPUBLICAN PARTY Defendants. Christopher J. Anglin, (hereinafter referred to as ?Plaintiff hereby alleges and says: PARTIES. JURISDICTION and VENUE 1. Plaintiff is a citizen and resident Of Wake County, North Carolina. Plaintiff is a registered member in good standing of the North Carolina Republican Party. He is currently a candidate running in the North Carolina 9th Congressional District Republican Primary. 2. Defendant North Carolina Republican Party (hereinafter is a non?pro?t organization existing under and by Virtue of the laws of the State Of North Carolina with a principal place of business in Raleigh, Wake County, North Carolina. Defendant is headquartered in Raleigh at 1506 Hillsborough St. Raleigh, NC 27605. 3. Defendant Robin Hayes (hereinafter ?Hayes?) is the current Chairman of NCGOP and was Chairman at all times relevant hereto. Upon information and belief, he is a citizen and resident of Cabarrus County, North Carolina. 4. Defendant Aubrey Woodard (hereinafter ?Woodard?) is the acting Chairman of NCGOP and was appointed by Hayes pursuant to Article of the NCGOP State Plan of Organization in early April of 2019. Upon information and belief, he is a citizen and resident of County, North Carolina. 5. Personal jurisdiction is proper in this Court pursuant to NC. Gen. Stat. 1-75.4. 6. Venue is proper in this Court pursuant to NC. Gen. Stat. 1-82. 7. This Court has subject matter jurisdiction under, inter alia, NC. Gen. Stat. 7A-240 and 7A-243. NATURE OF CASE 8. This is a declaratory judgment action in which Plaintiff seeks a declaratory judgment under NC. Gen. Stat. 1?253, et seq. and North Carolina Rule of Civil Procedure 57 as well as temporary and permanent injunctive relief under NC. Gen. Stat. 1?485 and 65 barring the Defendants from interfering in the race in violation of their 2018 Plan of Organization (hereinafter ?Plan?) and Plaintiff constitutional rights under the North Carolina Constitution. A true and correct copy of the Plan of Organization is attached to the Complaint as ?Exhibit 9. Defendants have barred Plaintiff from having access to voter information, attending local Republican Party events and other resources which have been provided to the other candidates in the race. 10. Interference by the GOP or its of?cers is explicitly banned in the Plan and the relevant section is Article IX, Paragraph which states: F. REF RAIN FROM UTILIZING POWERS OF OFFICE IN REPUBLICAN PRIMARY ?Each Of?cer and each Member of any Committee created pursuant to this Plan of Organization shall refrain from utilizing the powers and dignity of his or her of?ce or position in any Republican Primary for public of?ce at any level. Nor shall any Committee created pursuant to this Plan of Organization make or issue, in any way, manner or form, any endorsement in any Republican Primary for public of?ce. Nor shall any Committee issue any contrary endorsement or withhold support from any non- partisan judicial candidates properly endorsed pursuant to this Plan of Organization.? 11. Plaintiff brings this action for violation of his constitutional rights under the North Carolina Constitution, Article 1, Sections 1, 10, 14,19, and 32. 12. Plaintiff is requesting that any orders in this case apply to all local Republican Organizations throughout the state as they are under the umbrella of NCGOP and must adhere to the Plan. GENERAL FACTUAL ALLEGATIONS 13. The Plaintiff ran for North Carolina Supreme Court Associate Justice in the November of 201 8. He ran in the general election as a Republican and lost to the Democratic candidate Anita Earls. 14. Since ?ling to run for Supreme Court on June 29, 2018 until today, the Plaintiff has experienced hostility and open attacks from employees and of?cers of NCGOP. NCGOP Executive Director Dallas Woodhouse has been the Plaintiffs most vocal opponent. 15. For example, in a July 4, 2018 article in the Raleigh News and Observer article, Mr. Woodhouse stated: ?The Party has endorsed somebody, and [Anglin] will be treated as the enemy he is.? 16. Mr. Woodhouse has been Executive Director of NCGOP from 2014 to now, his responsibilities include the the day to day management of NCGOP and spokesman. 17. Hayes has been chairman of NCGOP from when Plaintiff ?rst ?led to run for Supreme Court to the present date. Following being indicted on federal bribery charges in early April of 2019, Hayes appointed Aubrey Woodard as the acting Chairman until NCGOP elects a new chair at the party?s convention which starts on June 6, 2019. 18. Following the indictment of Hayes, Woodhouse entered into a short-term contract which terminates immediately prior to the start of the convention. Allegedly, Mr. Woodhouse had been planning to leave NCGOP prior to the start of the convention and this was not precipitated by the indictment of Hayes. 19. A new primary and general election in the 9th District was ordered by the North Carolina State Board of Elections (hereinafter as a repeat of the 2018 general election. The candidates in said election on November 6, 2018 were Democrat Dan McCready, Republican Mark Harris and Libertarian Jeff Scott. 20. After an initial tally of the votes, Mark Harris appeared to have won the election and beaten Dan McCready by less than 1,000 votes. However, concerns almost immediately arose regarding absentee ballots from Bladen County and SBOE did not certify the Mr. Harris as the winner. 21. Due to irregularities in the absentee ballots, SBOE investigated the allegations. At the center of the investigation was a man from Bladen County named McCrae Dowless. He was hired by Mark Harris?s campaign in order to ?get out the vote? and he concentrated primarily on Bladen County. 22. The SBOE investigation found that Mr. Dowless and his associates had engaged in an activity known as ?ballot harvesting? which is where people collect other voters? ballot and send them in on the voters? behalf. This is a felony under state law. 23. After a hearing was conducted on these issues by SBOE, a repeat of the entire election process was ordered in the 9th District. There is a primary due to a law enacted by the North Carolina General Assembly over Governor Roy Cooper?s veto in late 2018 after the allegations of election fraud discussed above had become known. 24. The Republican primary for the 9th District is set for May 14, 2019. Including the Plaintiff, there are ten candidates running. In order to avoid a run?off election, the winner must get at least 30% of the votes cast. 25. If any of the candidates exceed this threshold, they will be in the general election against candidates from other parties on September 10, 2019. However, if they are below the 30% mark, a run off election will be held on September 10 between the Republican candidates and the general election will take place on November 5, 2019. 26. After the new election was ordered by SBOE, the ?ling period was from March 11 to March 15, 2019. The Plaintiff ?led to run the morning of March 15 paying the applicable ?ling fee to SBOE which was the same amount as the nine other candidates in the race. VIOLATION OF THE 2018 PLAN OF ORGANIZATION 27. That afternoon, Hayes barred Plaintiff from access to NCGOP resources and from attending local events. A release stated as follows and is attached as ?Exhibit FOR IMMEDIATE RELEASE: Chairman Hayes Blocks Fake Republican From GOP Data, Resources 5 Raleigh, NC With news breaking that Chris Anglin has entered the Ninth Congressional District Republican primary, North Carolina Republican Party Chairman Robin Hayes has released the following statement: "There are numerous high quality candidates that have entered the race. We look forward to a vigorous primary and supporting the winner to defeat another pawn of Nancy Pelosi who shies away from answering the tough questions that Ninth District voters demand of their representatives. "However, Chris Anglin is not a Republican. During the 2018 campaign, Anglin changed his registration from Democrat to Republican in order to split the vote and allow the election of a far?left activist to the State Supreme Court. Anglin raised an overwhelming majority of his funds from liberal donors. He will not be allowed to access any GOP data, information, or infrastructure. As allowed by Republican Party rules, our committees with jurisdiction over this matter will con?rm my decision in due course." 28. Following this, Plaintiff was banned attending any local party events despites his attempts. This is in clear violation of Article IX, Paragraph F. 29. For example, NCGOP released this statement concerning Plaintiffs attendance at the Mecklenburg County Republican Party?s convention which took place in Charlotte on March 16, 2019. A copy is attached as ?Exhibit and it reads as follows: FOR IMMEDIATE RELEASE: Mecklenburg GOP Chair, General Counsel Agree With Chairman Hayes Charlotte, NC - Mecklenburg County Republican Party Chair Chris Turner and North Carolina Republican Party General Counsel and Mecklenburg County Convention Chair John Lewis have released the following joint statement: "As Chairman of the Mecklenburg GOP, and as NCGOP General Counsel and Mecklenburg convention chair, we fully agree with Chairman Hayes on this issue. Further, Mr. Anglin is not welcome at tomorrow's county convention, and will be removed by the appointed Sgt. of Arms if needed. Democrats used every trick in the book to block the will of the voters in the 9th and they are doing it again. But it won't happen at our convention." 30. Plaintiff attempted to attend the Mecklenburg County Republican Party convention in Charlotte on March 16, 2019. When he arrived, he was not allowed in even though several other candidates in his race were allowed in. 31. Plaintiff attempted to attend a forum hosted by the Cumberland County Republican Women?s Club on April 8, 2018 but was banned from attending. An email to RSVP for the event was sent on March 27, 2019 which stated: ?Ms. Ulrich, Chris Anglin would like to RSVP for the forum which is being held on April 8, 2019. He would like to speak at the A copy of the email chain is attached as ?Exhibit 32. In response to this email, on March 28, 2019, Jackie Weyhenmeyer, President of the Cumberland County Republican Women?s Club stated: ?Mr. Anglin, I am very sorry but you have not been invited to attend or participate in our 9th District Candidates? Forum. As a Federated Club we, adhere to the guidance of NCGOP. Their directives have been very clear regarding your participation and attendance at GOP events. Sincerely, Jackie Weyhenmeyer, President, Cumberland County Republican Women?s Club.? 33. According to this email, Ms. Weyhenmeyer had been speci?cally directed by NCGOP to not allow Plaintiff to participate in party events. 34. On March 21, 2019 Charles Horton, County Chair of Anson County GOP called the Plaintiff on the campaign number which is administered by Google Voice. He left a voicemail which was transcribed by Google Voice. A copy of the transcript and voicemail were sent to Plaintiff. The transcript reads as follows and is attached as ?Exhibit ?Hello, this is Charles Horton the county chair of Anson County GOP. I'd like to talk to you about possibility of coming to our next meeting and make it a short speech about the District 9 Kevin see or talk about the District 9 convention that's coming up. . 35. The Plaintiff 3 campaign contacted Mr. Horton in order to attend the event. However, Mr. Horton indicated that Plaintiff was banned by NCGOP from attending. He called and left a voicemail on April 8, 2019. The transcript reads as follows and is attached as ?Exhibit ?Hello, this is Charles Horton chairman of the Anson County GOP regarding our meeting tonight that you were expressed interest in speaking at our meeting. I'm going to have to disinvite you for speaking because I've learned that you are not endorsed by the North Carolina State GOP. So don't plan on coming cuz you won?t be on the list of speakers. Thank you.? 36. Plaintiff sent a letter addressed to Woodard on April 10, 2019 requesting that the ban of Hayes be lifted. The letter was emailed that day and hand delivered April 11 with two copies also being sent via regular mail with the United States Postal Service. At this time, Hayes had appointed Woodard as acting chair. A copy is attached as ?Exhibit 37. Speci?cally, Plaintiff requested access to data, voter lists, calendars and that his ban from attending events in person be reversed. In pertinent part, the letter reads: ?Mr. Woodard, I hope this letter ?nds you well and enjoying your new role as Acting Party Chair. This is to request access to any and all data, voter ?le, lists, calendars and events made available to any Republican candidate running for Congress in NC 09 and reverse your predecessor?s ban on me from having access to this material and attending party events related to the The Plan of Organization clearly states the State Republican Party is in no way to demonstrate favoritism in a primary. . .Considering Chairman Robin Hayes? indictments, this now presents the Party an opportunity to revisit his decision to ban me, follow the Party's rules and give me access to any and all that is made available to other Republicans in this primary. I would ask in your new role as acting chair that you reverse this decision. It provides the party an opportunity to correct its past mistakes and take it in a new 38. To date, there has been no response of any kind from NCGOP, Woodard, Hayes or 8 Mr. Woodhouse. 39. Article IX, Paragraph of the Plan states: ?Each Of?cer and each Member of any Committee created pursuant to this Plan of Organization shall refrain from utilizing the powers and dignity of his or her of?ce or position in any Republican Primary for public of?ce at any level.? 40. Hayes was in clear violation of this provision when he banned Plaintiff from all party resources. The Defendants have done nothing to correct this violation despite being given the opportunity and time necessary to do so. 41. Nowhere in the Plan is the Chairman of NCGOP given the authority to deny access to party resources to primary candidates. Hayes was acting outside the scope of his authority when he initially denied Plaintiff access on March 15, 2019 and the Defendants have continued to do SO. 42. If there is a mechanism in the Plan for Defendants to deny candidates access to party resources, which Plaintiff denies, the Defendants have not followed the procedure provided. 43. Defendants only have powers which are provided to them by the Plan and their actions constitute ultra vires conduct. 44. The Defendants have both violated their own rules and taken action which they do not to have the inherent authority to undertake. 45. Plaintiff is currently the only candidate running in a Republican primary in either 9?h District or 3rd District who has been denied access to party resources. VIOLATION OF CONSTITUTIONAL RIGHTS UNDER THE NORTH CAROLINA DECLARATION OF RIGHTS 46. NCGOP is a public or quasi-public entity in that its authority is derived from state law and its elections are funded by the taxpayers. Therefore, NCGOP is subject to the same constitutional constraints concerning candidate participation in primary elections that the state and local governments are. 47. NCGS 163A, the Elections and Ethics Enforcement Act, contemplates participation of NCGOP at every level of the election process and provides for the process by which US House Primary Elections are conducted. 48. Article I, the Declaration of Rights, of the North Carolina Constitution provides af?rmative and protected rights for all Persons in North Carolina. 49. Section 1 of the Declaration of Rights states: Section 1. The equality and rights of persons. We hold it to be self-evident that all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness. .. 50. Defendants? actions deprive Plaintiff of his inalienable right to liberty, insofar as he is being deprived of his vested right to have access to party resources that the other candidates have access to. 51. Defendants? actions, as applied to Plaintiff, arbitrarily and capriciously prevents Plaintiff from having the equality and rights bestowed upon others similarly situated, namely his Opponents, insofar as they are not barred from running as a candidate of their chosen political party. 10 52. Section 10 of the Declaration of Rights declares: Sec. 10. Free elections. All elections shall be free. 53. The Defendants have acted to speci?cally to interfere with Plaintiff?s candidacy as a Republican. 54. Their actions would deprive Plaintiff of his right as a North Carolinian to participate in an election free from interference or intimidation. 55. Section 14 of the Declaration of Rights provides: Sec. 14. Freedom of speech and press. Freedom of speech and of the press are two of the great bulwarks of liberty and therefore shall never be restrained, but every person shall be held responsible for their abuse. 56. Defendants? actions deprive Plaintiff of his right of political association, a key component of the freedom of speech. Plaintiff has a right under Section 14 of the North Carolina Constitution to express political beliefs and associate himself with the political party of his choice. This right included a vested right to associate himself with the Republican Party as a candidate in the 9th District. 57. By retroactively changing their policies after Plaintiff ?led to run, Defendants will have arbitrarily and capriciously deprived Plaintiff of his freedom of speech through political association. 58. Section 19 of the Declaration of Rights provides: Sec. 19. Law of the land; equal protection of the laws. No person shall be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the 11 laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin. 59. Defendants? actions disseize Plaintiff of a privilege and vested right for which he paid and to which he was entitled by statute: the right to run for of?ce as a declared Republican candidate. 60. By denying Plaintiff access to party resources, Defendants will be retroactively changing the rules under which Plaintiff ?led, paid and began his campaign. The Defendants? actions as applied to Plaintiff, deprive Plaintiff of his vested right, and thus his liberties, privileges and property without following the Law of the Land and without Due Process. 61. Section 32 of the Declaration of Rights states: Sec. 32. Exclusive emoluments. No person or set of persons is entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services. 62. Defendants? actions as applied to Plaintiff, provides an exclusive and separate emolument to the nine other candidates, by retroactively changing the rules that apply to the race and, when Plaintiff was a registered Republican at the time of ?ling his candidacy. Plaintiff is therefore directly and materially harmed by an unconstitutional bene?t made by NCGOP to his opponents. IMMEDIATE AND IRREPARABLE HARM 63. Given that the elections are less than three weeks away, should the Court not immediately enter a preliminary injunction and temporary restraining order the Plaintiff will suffer immediate and irreparable harm. 12 64. Republican voters in the 9th District will also suffer immediate and irreparable harm given that they will not be able to hear from all the candidates and make their decisions with adequate information. Republican voters in the 9th District are having their rights under both the Plan and constitution violated as well. FIRST CLAIM FOR RELIEF (Declaratory Judgment N.C.G.S. 1-253, et. seq.-All Defendants) 65. Plaintiff restates and incorporates by reference each of the preceding allegations are re? alleged and incorporated herein by reference as if fully set forth. 66. An actual controversy exists between Plaintiff and Defendants as to the rights, status and legal relations of the Parties under the Plan and whether the Defendants? actions are unconstitutional as applied to Plaintiff. 67. Defendants? actions as applied to Plaintiff, unconstitutionally deprives Plaintiff of each of the rights enumerated above, any one of which presents an irreparable and immediate harm to Plaintiff necessitating relief from this Court. 68. Plaintiff requests a declaratory judgment pursuant to Rule 57 of the North Carolina Rules of Civil Procedure and the Uniform Declaratory Judgment Act, N.C.G.S. 1-253 and l- 254, et seq., that the Defendants are violating and acting the scope of the Plan by not allowing Plaintiff access the access to party resources which other candidates have access to and that Defendants through their actions and representations are estopped from denying the same. 69. Plaintiff requests a declaratory judgment pursuant to Rule 57 of the North Carolina Rules of Civil Procedure and the Uniform Declaratory Judgment Act, N.C.G.S. 1-253 and 1- 254, et seq., that the Defendants are violating the Plaintiffs constitutional rights as described above. 13 SECOND CLAIM FOR RELIEF (Temporary and Permanent Injunctive Relief NC. Gen. Stat. 1-485, North Carolina Rule of Civil Procedure 65) 70. Plaintiff restates and incorporates by reference each of the preceding allegations are re- alleged and incorporated herein by reference as if fully set forth. 71. Because Defendants? denial of access to party resources, this unlawfully and unconstitutionally deprives Plaintiff of his rights as set forth above, Plaintiff is and will be irreparably harmed by the continued enforcement of this denial. 73. Moreover, with the election taking place on May 14, 2019, this renders the harm suffered by Plaintiff as immediate. 74. The balance of harms is overwhelmingly in favor of Plaintiff, insofar as entry of an injunction barring the denial of Plaintiff? 5 access to party resources and events would preserve his rights as a member and candidate under the Plan. On the other hand, denial of his requested temporary and permanent inj unctive relief would prevent him from fully participating in the election and would deny voters access to the message of all the candidates. 75. There is no corresponding harm to the Defendants arising from entry of this injunctive relief. 76. Without entry of the requested injunctive relief, Plaintiff will be irreparably injured during the pendency of this litigation should the May 14, 2019 election happen without entry of the requested relief, prior to the resolution of the questions at issue in this case. 14 WHEREFORE, Plaintiff prays of the Court as follows: 1. That a declaratory judgment be entered ?nding the Defendant?s denial of access to party resources and events is a violation of the Plan and is unenforceable and unconstitutional as applied to Plaintiff; 2. For temporary and permanent injunctive relief barring Defendants from continued enforcement of the denial of access to party resources and events; 3. That any relief granted apply to all county and local Republican Party organizations throughout the state; 4. That all costs of this action, including attorney fees, be taxed against the Defendants; and; 5. For such other and further relief which this court deems just and appropriate. Respectfully submitted, this the 26?? day of April, 2019. ANGLIN LAW FIRM, PLLC . I By: Christopher J. Anglin NC. State Bar No. 43388 PO. Box 91746 Raleigh, North Carolina 27675 Telephone: (919) 803-1516 Facsimile: (919) 803-1517 E-mail: Attorney for Plaintiff 15 VERIFICATION NORTH CAROLINA WAKE COUNTY The undersigned, being ?rst duly sworn, deposes and says that the contents in my Veri?ed Complaint are to the best of the Plaintiffs knowledge and belief except as to matters therein stated upon information and belief, as those, I believe it to be true to the best of my knowledge and belief. Thisthe QC: dayof ,2019. 061.- Christopher J. Anglin On this ,2 4% day of A 2019 before me personally appeared Christopher J. Anglin, Plaintiff, to nie known to be the person named and who executed the above Af?davit and acknowledged that he signed above as his own free act and deed. 2,14%; a Notary Public MARTHA CARD NOTARY PUBLIC Wake County North Carolina #23, (- My Commission E?bitdSM My commission expires on: 22 '29? 2 fl 16 Table of Contents PREAMBLE ARTICLE I - MEMBERSHIP A. MEMBERS ARTICLE II - PRECINCT ORGANIZATION A. C. 1. 2. 3. OFFICERS DUTIES OF COMMITTEE DUTIES OF OFFICERS PRECINCT MEETINGS Regular Precinct Meetings Unorganized Vacancies and Removals in Precinct Committee ARTICLE - COUNTY ORGANIZATION A. COUNTY EXECUTIVE COMMITTEE ARTICLE IV-JUDICIAL, SENATORIAL, LEGISLATIVE DISTRICT EXECUTIVE COMMITTEES 1. 2. Membership Powers and Duties Meetings Duties of Of?cers Vacancies and Removals COUNTY FINANCE AND AUDITING COMMITTEES Finance Committee Auditing Committee A. GENERAL ORGANIZATION 1. 2. 3. Membership Election of Officers Powers and Duties of Committees ARTICLE - CONGRESSIONAL DISTRICT ORGANIZATIONS A. CONGRESSIONAL DISTRICT EXECUTIVE COMMITTEE 5. Membership Powers and Duties Meetings Duties of Of?cers Vacancies and Removals ARTICLE VI - STA TE ORGANIZATION A. 1. 2. STATE CENTRAL COMMITTEE Membership Powers and Duties EXHIBIT A OLDLDID I-A l??l?il-i 3. Meetings 15 4. Duties of Of?cers 15 B. STATE EXECUTIVE COMMITTEE 15 1. Membership 15 2. Powers and Duties of Committee 16 3. Com mittee Meetings 16 4. Duties of Of?cers 17 5. Vacancies and Removals 18 C. STATE FINANCE COMMITTEE 18 1. Membership 18 2. Powers and Duties 18 3. Duties of Officers 19 D. DEFINITION OF REVIEW 19 ARTICLE VII - CONVENTIONS 19 A. ANNUAL PRECINCT MEETINGS 19 1. Call for Meeting 19 2. Election of Precinct Officers 19 3. Election of Delegates and Alternate Delegates 20 4. Meeting Cancellation Due to Circumstances out of Party? 5 Control 20 B. COUNTY CONVENTIONS 20 1. Call of Convention 20 2. Convention Action 21 3. Credentials 22 4. Convention Fee 22 5. Meeting Cancellation Due to Circumstances out of Party's Control 23 C. DISTRICT CONVENTIONS 23 1. Call of Convention 23 2. Convention Action 23 3. Credentials 24 4. Convention Fee 24 D. STATE CONVENTION 24 1. Call to Convention 24 2. Election of Officers 25 3. Standing Committees 25 4. Presidential Election Year State Convention 26 5. Convention Fee 26 ARTICLE NATIONAL CONVENTION DELEGATE SELECTION 27 A. DELEGATE AND ALTERNATE DELEGATE ALLOCATION 27 B. CONGRESSIONAL DISTRICT SELECTION 27 C. AT-LARGE SELECTION 28 1. National Convention Selection Committee 28 D. BINDING OF DELEGATES 29 DELEGATE FEE 29 F. VACANCIES 3O PREAMBLE 2 ARTICLE IX - GENERAL ADMINISTRATIVE PROCEDURE 30 A. MEETING PROCEDURES 30 1. Annual Conventions and Presidential Election Year Conventions 30 2. Voting Procedure 30 3. Special Meetings and Conventions 31 4. Newspaper of General Circulation 31 5. Challenges 31 6. General Election Procedure 32 7. Vacancies and Removals 32 8. Non-Partisan Candidates and Office Holders 33 B. OFFICIAL RECORDS 33 C. FINANCIAL ACCOUNTS 33 1. Records 33 2. Loans 33 3. Budgeted Expenses 33 4. Leases 33 D. APPOINTMENTS AND NOMINATIONS 33 1. Notification 33 2. Filling Vacancies 33 E. FORFEITURE OF OFFICIAL PRIVILEGES 35 1. Removal or Resignation from Committees 35 2. Party Dislovalty 35 REFRAIN FROM UTILIZING POWERS OF OFFICE IN REPUBLICAN PRIMARY 36 PARTY OFFICERS AS CANDIDATES 36 . ENDORSEMENTS IN ELECTIONS 36 1. County and District Elections 36 2. Statewide Judicial Elections 36 3. Notice of Endorsement Meetings 36 I. NOTICE 37 1. Written Notice 37 2. Notice 37 .I. PARTICIPATION BY TELEPHONE OR OTHER ELECTRONIC CONFERENCE CALL 37 K. ACTION WITHOUT MEETING 37 ARTICLE - AMENDMENTS, APPLICABILITYAND EFFECTIVENESS OF THIS PLAN 38 A. AMENDMENTS TO PLAN OF ORGANIZATION 38 1. Timing of Amendment 38 2. Proposed Amendments from Floor of State Convention 38 3. Untimely Proposed Amendments 38 4. Administrative Amendments 38 B. APPLICABILITY 39 1. Rules as to Towns and Cities 39 2. Rules as to Counties and Districts 39 C. AUTHORITY 39 PREAMBLE 3 Controversies Parliamentary Authority Gender and Number No Proxy Voting D. EFFECTIVE DATE 1. Effective Date of this Plan PREAMBLE 39 39 39 39 39 39 PREAMBLE We, the members of the Republican Party of North Carolina, are dedicated to the sound principles fostered by our party, are conscious of our civic responsibilities and rights, and are firm in our determination to give our strength to preserving the American principle that government ought and must be of all the people, by all of the people and for all of the people. Therefore, for the purpose of uniting and coordinating our efforts for maximum power and efficiency, we hereby establish this instrument, The Plan of Organization of the Republican Part of North Carolina. ARTICLE I - MEMBERSHIP A. MEMBERS All citizens of North Carolina who are registered Republicans are Members of the Republican Party of North Carolina and shall have the right to participate in the official affairs of the Republican Party in accordance with these rules. All reference herein to Delegates, Alternates, Officers and Members shall, in all cases, mean persons identified and registered with the Republican Party in the Precinct of their residence. Any person running for Party Office within the North Carolina Republican Party, at any level, shall be a resident of the jurisdiction in which he seeks office. A candidate running for any level of Republican Party office shall be a registered Republican resident of the jurisdiction in which he seeks office. ARTICLE II - PRECINCT ORGANIZATION A. OFFICERS The Precinct Committee shall consist of a Chairman, Vice?Chairman, Secretary and as many Members-at- Large as deemed necessary to conduct the business of the Precinct. B. DUTIES OF COMMITTEE The Precinct Committee shall cooperate with the County Executive Committee in all elections and Party activities, provide the County Chairman with a list of Party Members within the Precinct suitable for appointment as Election Officials, and promote the objectives of the Party within the Precinct. C. DUTIES OF OFFICERS The Chairman of the Precinct Committee, with the advice and consent of the Precinct Committee, shall have general supervision of the affairs of the Party within the Precinct, shall preside at all Meetings of the Precinct, and shall perform such other duties as may be prescribed by the Precinct Committee or the County Executive Committee. The Vice-Chairman shall function as Chairman in the absence of the Chairman. The Secretary shall keep all minutes and records and shall maintain a list of registered Republican voters and workers within the Precinct, unless otherwise provided by the Precinct Committee or the County Executive Committee. PREAMBLE 5 The Chairman and Secretary of each Precinct shall certify the election of Officers, Committee Members, and Delegates and Alternates to the County Convention to the County Chairman. Complete credentials shall be in the hands ofthe County Secretary by the deadline set by the County Chairman, which shall be at least 2 days prior to the Credentials Committee Meeting; provided, however, that when the Precinct Meetings and the County Convention are held on the same day, the complete credentials shall be in hands of the County Secretary at the time set by the County Chairman on that day. No Delegate or Alternate shall be added to the Credentials List following the adjournment of the Precinct Meeting. This delegate list shall be made immediately available to any Republican candidate, at that candidate's reasonable expense, after the county chairman receives a confidentiality and use agreement, signed by the candidate, stating the list will be used only for Republican activities related to the candidate's run for office. D. PRECINCT MEETINGS 1. Regular Precinct Meetings Other Meetings ofthe Precinct general Membership may be held at such time as shall be designated by the Chairman of the Precinct Committee after giving 5 days notice of such Meeting in a newspaper of general circulation within the County, or by such other method of notification as may be specified in the County Plan of Organization; or upon similar call of 1/3 of the Members of the Precinct Committee, or 10 Members of the general Precinct Membership. 2. Unorganized Precinct(s) In the event a Precinct fails to properly organize or the Precinct Chairman fails to act, the County Chairman shall appoint a Temporary Precinct Chairman who shall serve for a period not to exceed 60 days, during which time a County Executive Committee meeting shall be called and a new Precinct Chairman shall be elected by the County Executive Committee. All County Executive Committee members present at a County Executive Committee meeting called for the purpose of electing a new Precinct Chairman may vote in the election; there is no requirement for a voting County Executive Committee member to be registered in the precinct for which a new Precinct Chairman is being elected. 3. Vacancies and Removals in Precinct Committee Vacancy due to death, resignation, discontinuance of residency within the Precinct, removal of any Officer, or Member of the Precinct Committee, or for any other reason, shall be filled by the remaining Members of the Precinct Committee, or as provided in the County Plan of Organization. The procedure for removal of any Member or Officer is defined in Article IX.A.7. Such removal maybe appealed to the County Executive Committee within 20 days and their decision shall be final. ARTICLE - COUNTY ORGANIZATION A. COUNTY EXECUTIVE COMMITTEE 1. Membership The County Executive Committee shall consist of the County Officers and other persons elected by the County Convention in accordance with Article and the County Finance Chairman. ARTICLE - COUNTY ORGANIZATION 6 2. Powers and Duties The County Executive Committee shall cooperate with the District and State Committees in all elections and Party activities; shall encourage quali?ed candidates for office within the County; shall adopt a budget; shall recommend nominees to the State Chairman for appointments for County Board of Election in accordance with Article lX.D.2.d. and shall have active management of Party affairs within the County. It shall approve a Finance Committee and an Auditing Committee of not less than 3 Members each and may approve such other Committees as may be deemed necessary. The County Chairman and Vice?Chairman shall be Ex-officio Members of all Committees indicated in this paragraph. In the event that it is determined that the County Plan of Organization is not consistent with the State Party Plan of Organization, the County Executive Committee must at the next called meeting bring the County Plan of Organization into compliance with the State Party Plan of Organization. Under any circumstances, the County Plan of Organization must be brought into compliance within 90 days. If permitted by the County Plan of Organization, the County Executive Committee may amend the County Plan of Organization upon a 2/3 vote after providing written notice via first class United States Mail of the meeting advising members regarding the substance of the proposed amendment and provided a quorum is present. County Republican Parties shall submit, by certified United States mail, return receipt requested, their county plans of organizations, and amendments thereto, to the NCGOP State Headquarters Executive Director, Political Director, and District Chairman within 30 days after their adoption, in order for the Plan and/or amendment to be considered valid. 3. Meetings The County Executive Committee shall meet at least twice a year upon the call of the County Chairman, or the call of 1/3 of the Members of the County Executive Committee, after giving 10 days notice, as that term is defined in Article IX.I.2 herein, to all Members. The County Plan of Organization shall specify a quorum for the transaction of business, but in no event shall it be less than 25% of the County Executive Committee. 4. Duties of Officers a. The Chairman of the County Executive Committee, with the advice and consent of the County Executive Committee, shall have general supervision of the affairs of the Party within the County. The Chairman shall issue the call for Precinct Meetings, the County Convention, and Executive Committee Meetings, and the Chairman shall preside at all the Meetings of the County Executive Committee. The Chairman shall appoint a Finance Chairman, Auditing Committee and any other committees the Chairman deems necessary to conduct the business of the County Executive Committee. The Chairman shall further appoint a Temporary Chairman of the County Convention, who may be himself. The Chairman shall make periodic reports on the status of the Party within his County to the District Chairman. The Chairman shall be responsible for the creation and maintenance of a Republican organization in every Precinct within his County. The Chairman shall obtain and preserve a list of all registered Republicans within the County and shall perform such other duties as may be prescribed by the County, District, or State Committees; the County Chairman shall be an "Ex?officio" ARTICLE - COUNTY ORGANIZATION 7 1. Member of all County Committees unless otherwise designated in the County Plan of Organization. The Vice-Chairman shall function as Chairman in the absence of the Chairman and shall have such other duties as may be prescribed by the County Executive Committee. The Vice-Chairman shall be an "Ex-officio" Member of all County Committees unless otherwise designated in the County Plan of Organization. The Secretary shall keep all minutes and records and shall maintain a roster of all Precinct Officers and Executive Committee Members. At a minimum, these records shall contain the name and address for each Precinct Officer and Executive Committee Members. Such records shall be available, including all Credentials Lists upon request, to any registered Republican within the County. The Secretary shall furnish to the Congressional District Chairman and to State Headquarters up-to-date lists of all Precinct Chairmen. The Treasurer shall receive and disburse all funds for Party expenditures pursuant to authority duly given by the County Executive Committee, shall make a financial report at all County Executive Committee Meetings and shall fulfill all financial reports and obligations required under State and Federal election laws. All elected Treasurers must successfully enroll in and complete the Mandatory Compliance Training provided by the North Carolina Board of Elections as soon as possible, but not later than sixty (60) days after election. Vacancies and Removals Vacancy due to death, resignation, discontinuance of residency within the County, removal of any Officer or Member of the County Committee, or for any other reason, shall be filled by the remaining members of the County Committee, or as provided in the County Plan of Organization. The procedure for removal of any Member or Officer is defined in Article Such removal may be appealed to the State Central Committee within 20 days and their decision shall be final. COUNTY FINANCE AND AUDITING COMMITTEES Finance Committee The County Finance Committee shall be composed of the County Finance Chairman, the County Chairman, County Vice-Chairman, the County Treasurer, and not less than 3 persons approved by the County Executive Committee. They shall cooperate with the Congressional District and State Finance Committees and shall have active management of fund-raising efforts within the County. 2. ARTICLE - COUNTY ORGANIZATION Auditing Committee The members of the Auditing Committee shall be nominated by the County Chairman and the names shall be presented for the advice and consent of the County Executive Committee. The Auditing Committee, once approved, shall conduct a yearly review of the financial records of the County and report such review to the County Executive Committee for approval. The review to be conducted shall be of the type and nature which the Auditing Committee, in its discretion, deems appropriate. ARTICLE IV - JUDICIAL, SENATORIAL, 8: LEGISLATIVE DISTRICT EXECUTIVE COMMITTEES . GENERAL ORGANIZATION 1. Membership a. In a single County District, the County Executive Committee shall serve as the District Committee. b. In a single County containing more than one (1) District wholly within the County, the County Plan of Organization shall address the method of election of District Officers; however, only those members of the County Executive Committee who reside within a particular district may serve on that District Committee. c. In those Districts encompassing more than one County, or portions of more than one county, voting Membership shall consist of County Executive Committee Members residing within that District, if any, or there being none, it shall be the Precinct Chairmen residing within that District, if any, or there being none, it shall be one or more persons residing within that District, as appointed by the County Chairmen, and approved by the County Executive Committee. Voting is to be weighted based on the number of registered Republicans in each County and portions of counties within that district. d. In those counties that are divided into 2 or more multi?county Legislative, Judicial, or Senatorial Districts, the County Chairman and Vice Chairman shall appoint, with the approval of the County Executive Committee, designees to serve on the District Executive Committee for Districts in which the County Chairman or the Vice Chairman do not reside. e. All District Officers shall reside within their Districts. 2. Election of Officers At some time preceding the State Convention, the District Committees shall meet at a time and place designated by the Congressional District Chairman. If the District is split between two (2), or more Congressional Districts, the County Chairman designated by the Congressional District Chairman of the Congressional District in which the greater part of the District population lies shall call the Meeting. The Meeting shall elect a Chairman and such other Officers as may be deemed necessary. The Officers shall have such duties as may be prescribed by the State Executive Committee. The Chairman shall report to the State Chairman names of the Officers elected. ARTICLE IV - JUDICIAL, SENATORIAL, LEGISLATIVE DISTRICT EXECUTIVE COMMITTEES 9 3. Powers and Duties of Committees The District Executive Committee shall meet as often as necessary to perform its duties, upon call of the District Chairman, or the call of 1/3 of the Members of the District Executive Committee, after giving 10 days notice, as that term is defined in Article herein, to all Members. The Judicial District Committee shall encourage qualified candidates for District Attorney, District Judge and Superior Court Judge and shall assist and cooperate with the County and State Executive Committees in all campaigns. The Senatorial District Committee shall encourage qualified candidates for State Senate and shall assist and cooperate with the County and State Executive Committees in all campaigns. The Legislative District Committee shall encourage qualified candidates for State House of Representatives and shall assist and cooperate with the County and State Executive Committees in all campaigns. Committees herein elected shall serve as the appropriate District Executive Committee as they are referred to in North Carolina G.S. ?163-114. The Judicial District Committees shall be permitted exclusively to issue endorsements in non-partisan judicial elections pursuant to Article and subject to the Notice requirements of Article ARTICLE - CONGRESSIONAL DISTRICT ORGANIZATIONS A. CONGRESSIONAL DISTRICT EXECUTIVE COMMITTEE 1. Membership The Congressional District Executive Committee shall be composed of: a. The Officers elected at the District Convention. County chairs and first vice chairs shall be members of each District Executive Committee in which even a portion of their county lies, regardless of whether they, themselves, live in that District. The District Finance Chairman. All Members of the State Executive Committee who are elected by the District Convention under the provisions in Article ARTICLE - CONGRESSIONAL DISTRICT ORGANIZATIONS 10 e. Such others as the District Plan of Organization may provide. 2. Powers and Duties The Congressional District Executive Committee shall set the location of District Conventions; encourage qualified candidates for Congress; cooperate with the Judicial, Senatorial and Legislative Executive Committees in encouraging qualified candidates for those offices, especially in multi-County Districts; approve 3 Finance Chairman; and cooperate with the County and State Executive Committees in all campaigns. 3. Meetings The Congressional District Executive Committee shall meet at least each calendar quarter of the year, upon call of the Congressional District Chairman after giving 10 days notice to all Members by mail. Twenty Five percent of the Members of the Committee shall constitute a quorum for the transaction of business. 4. Duties of Officers a. The Congressional District Chairman, with the advice and consent of the District Executive Committee, shall have general supervision of the affairs of the Party within the District. The District Chairman shall assist the State Chairman in carrying out state programs, maintain contact with all Counties within the District, and shall be responsible for the proper organization and functioning of those Counties. The District Chairman shall maintain constant liaison with all County Chairmen with regard to a Republican organization in every Precinct within his District and with Legislative, Senatorial and Judicial District Chairmen with regard to candidate recruitment. in addition, the District Chairman shall furnish, upon request, each County Chairman and each County Executive Committee Officer an accurate and up?to? date list of all County Executive Committee Officers within his District to include title, name, address and zip code. These lists shall be updated periodically to insure that the latest information is provided to those to whom it is required to be provided. The District Chairman shall appoint a Finance Chairman and Audit Committee. The District Chairman shall be an "Ex-officio" Member of all District Committees. The District Chairman shall have such other duties as may be prescribed by the State Executive Committee. b. The Vice-Chairman shall be Chief Assistant to the District Chairman and shall act as Chairman in the absence of the Chairman; shall maintain liaison with the County Vice- Chairman through the District (where applicable) and shall have such other duties as may be prescribed by the District Committee. The Vice?Chairman will be an "Ex-officio" Member of all District Committees unless otherwise designated. c. The Secretary shall keep all minutes and records and shall maintain a roster ofall Officers of the Counties within the District. ARTICLE CONGRESSIONAL DISTRICT ORGANIZATIONS 11 d. The Treasurer shall receive and disburse all funds for Party expenditures pursuant to authority duly given by the District Committee and will make a financial report to all District Executive Committee Meetings. The Treasurer shall ful?ll all financial reports and obligations required under state and federal election laws. All elected Treasurers must successfully enroll in and complete the Mandatory Compliance Training provided by the North Carolina Board of Elections as soon as possible, but not later than sixty (60) days after election. 5. Vacancies and Removals a. Vacancies due to death, resignation, discontinuance of residency within the District, removal of any Officer of the Congressional District Executive Committee, or for any other reason, shall be filled by the remaining members of the District Committee, or as provided in the District Plan of Organization. b. The procedure for removal of any Member or Officer is defined in Article Vll.A.7. Such removal may be appealed to the State Central Committee within 20 days and their decision shall be final. B. DISTRICT FINANCE COMMITTEE The District Finance Chairman shall serve as Chairman of the Congressional District Finance Committee, which shall be composed of the Finance Chairmen of all the Counties within the District, the Congressional District Chairman, and the Congressional District Treasurer, plus 3 additional Members to be elected by the Members of the Finance Committee. Other Officers as may be deemed necessary may be elected by and from the Members of the Committee. This Committee shall cooperate with the State Finance Committee and with County Finance Committees in all fund-raising efforts. ARTICLE VI - STATE ORGANIZATION A. STATE CENTRAL COMMITTEE 1. Membership The State Central Committee shall be composed of the following: a. The Congressional District Chairmen. i. A Congressional District Vice-Chairman shall be a non-voting member unless acting in the absence of the Chair, and unless acting in the absence of the Chair shall not affect quorum. ARTICLE VI - STATE ORGANIZATION 12 ii. Congressional Districts with more than one Vice-Chairman shall designate one Vice-Chairman who may act in the absence of the Chairman and one Vice- Chairman who shall be a non-voting member. Said designations shall be made by the respective Congressional District Executive Committees, and shall be made immediately following the annual District Convention. These designations can only be amended following the annual District Convention and prior to the subsequent annual District Convention due to said designated Vice-Chairman no longer serving in their elected position. b. The Chairman, Vice?Chairman, National Committeeman, National Committeewoman, Secretary, Treasurer, General Counsel, State Finance Chairman. The Assistant Secretary, Assistant Treasurer, Assistant General Counsel and Assistant Finance Chairman shall be non-voting members unless acting in the absence of their Principle and, unless acting in the absence of their Principle, shall not affect quorum. c. The Chairman of the Young Republican Federation, the President of the Republican Women's Federation, the Chairman of the Republican Men's Federation, the Chairman of the North Carolina Republican District County Chairmen's Association, the Chairman of the North Carolina College Republicans, the Chairman of the North Carolina Teenage Republicans, and the Chairman of the Republican National Hispanic Assembly North Carolina Chapter, and the President of the Frederick Douglass Foundation of North Carolina shall be voting Members. The vote of the North Carolina Teenage Republicans shall be cast by the North Carolina Teenage Republican Advisor, who shall be appointed by the Chairman of the North Carolina Republican Party each year following the annual Convention of the North Carolina Teenage Republicans, who shall yearly nominate an Advisor. The Chairman of the North Carolina Teenage Republicans shall forward the name of their nominated advisor to the Chairman of the North Carolina Republican Party within ten (10) days following their annual Convention. The nominated advisor for the North Carolina Teenage Republicans shall be a registered voter in the State of North Carolina. The vote cast by the Advisor to the North Carolina Teenage Republicans shall be as instructed by the Chairman of the North Carolina Teenage Republicans. i. The Organization's Vice-Chairman or Vice President shall act in the absence of the Chairman or President. ii. The Organization's Vice-Chairman, unless acting in the absence of the Chairman, shall not affect quorum. ARTICLE VI - STATE ORGANIZATION 13 Organizations with more than one Vice-Chairman shall designate one Vice- Chairman who may act in the absence of the Chairman. Said designation shall be made by the respective Organization's Executive Committees. Said designation shall be made immediately following the Organizations annual Convention or meeting. The designation of a Vice-Chairman or Vice President can only be amended following the Organization?s annual Convention or meeting and prior to the subsequent annual Convention or meeting due to said designated Vice- Chairman no longer serving in their elected position. iv. In order for an Organization?s Chairman or Vice-Chairman or Vice President acting in the absence of the Chairman or President to be eligible for membership on the State Central Committee, said Organization must provide the North Carolina Republican Party a current copy of their Plan of Organization or By Laws within ten (10) days following their State Convention or meeting, and within ten (10) days of any amendment. v. In order for the Chairman or President or Vice-Chairman or Vice President, acting in the absence of the Chairman or President, of any Republican affiliated group sitting on the State Central Committee or State Executive Committee said individualls) must be a registered voter in the State of North Carolina. d. Any person entitled to membership on the State Central Committee in more than one capacity, shall designate at the first called meeting of the State Central Committee the role in which they shall serve for the ensuing year. The organization or entity not designated by the member serving in dual roles shall be represented on the State Central Committee by the person who would serve in their absence pursuant to this Plan of Organization. e. The immediate past State Chairman, the Republican Joint Caucus Leader of the General Assembly, the Republican Leader of the North Carolina House of Representatives and the Republican Leader of the North Carolina Senate. All other living past State Chairmen shall be non-voting members, whose numbers shall not be included in the determination of a quorum. 2. Powers and Duties a. The State Central Committee shall have the power to appoint such Committees as it may deem necessary for the proper conduct of Party affairs, to formulate fiscal policy, establish financial goals, prepare a budget, set the dates for the State Convention as provided for in Article Vll.D.1, and the Precinct Meetings, County, Congressional District, and State Conventions between February 1 and 35 days prior to the Republican National Convention in Presidential Election Years, in accordance with National Rules; and to do all things pertaining to Party affairs which it may be authorized to do by the State Executive Committee. The State Central Committee shall keep accurate accounts of its proceedings and shall make annual reports to the State Executive Committee. ARTICLE VI - STATE ORGANIZATION 14 b. The Committee may contract with, as a full-time Executive Director, 3 person of highest character and professional political competence to execute on a day-by?day basis the mission of the Committee. The Committee shall provide on a full?time basis, in the vicinity of the capitol city of North Carolina adequate offices for the Executive Director and such staff as the Committee shall provide for him, which offices shall be known as Headquarters, North Carolina Republican Party. c. The Central Committee is charged with, in addition to all other duties, the mission of creating an effective Republican organization in every political Precinct in North Carolina. 3. Meetings The State Central Committee shall meet at least every other month upon the call of the Chairman with 10 days notice to all members, or upon petition of 1/3 the members with 10 days notice to all members. Twenty Five percent of the Members listed in Article through shall constitute a quorum for the transaction of business. 4. Duties of Officers The Officers of the State Executive Committee shall act as Officers of the State Central Committee, with corresponding duties. B. STATE EXECUTIVE COMMITTEE 1. Membership The State Executive Committee shall be composed of the following: a. The State Central Committee. b. The Assistant Secretary, Assistant Treasurer, Assistant Finance Chairman and the Assistant General Counsel. The Vice Chairs or Vice Presidents of the North Carolina Federation of Young Republicans, the North Carolina Federation of Republican Men, the North Carolina Federation of Republican Women, the North Carolina Republican District County Chairmen?s Association, the North Carolina Federation of College Republicans, the Frederick Douglass Foundation of North Carolina, and the Republican National Hispanic Assembly North Carolina Chapter shall act only in the absence of the organization?s Chair, and unless acting in the absence of the Chair, shall not effect quorum. c. The Congressional District Vice-Chairmen, and the Congressional District Finance Chairmen. Congressional Districts with more than one Vice-Chairman shall designate one Vice-Chairman who shall be a member of the State Executive Committee. Said designation shall be made by the respective Congressional District Executive Committees, and shall be made immediately following the odd year District ARTICLE VI - STATE ORGANIZATION 15 Convention. The designation of a Vice-Chairman serving as a member of the State Central Committee can only be amended following the odd year District Convention and prior to the subsequent odd year District Convention due to said designated Vice- Chairman no longer serving in their elected position. d. All County Chairmen and Vice Chairmen: i. Counties with more than one Vice-Chairman shall designate one Vice-Chairman who may act in the absence of the Chairman. Said designation shall be made by the respective County Executive Committees, and shall be made immediately following the annual County Convention. The designation of a Vice-Chairman acting as a member of the State Executive Committee can only be amended following the odd year County Convention and prior to the subsequent odd year County Convention due to said designated Vice-Chairman no longer serving in their elected position. e. All current Republican Members of the North Carolina Delegation to the United States Congress and United States Senate, Governor, Lieutenant Governor and Members of the Council of State as Ex- officio members, who shall not effect quorum. f. All current Republican Members for the North Carolina General Assembly, as ex-officio members, and shall not effect quorum. g. At large members elected by the District Conventions under Article of this plan. 2. Powers and Duties of Committee In every odd-numbered year, the State Executive Committee shall meet within 30 days of the adjournment of the State Convention and elect a Secretary and an Assistant Secretary, a Treasurer, and Assistant Treasurer, General Counsel and Assistant General Counsel who shall serve for a term of 2 years or until their successors are elected. The Committee shall formulate and provide for the execution of such plans and measures as it may deem conducive to the best interests of the Republican Party. It shall approve an Auditing Committee of at least 3 Members, 1 of who shall be a Certified Public Accountant, to conduct a yearly review, as described in Article adopt a budget; and have supreme management of all affairs of the Party within the State. It may delegate such duties as it deems proper to the State Central Committee. 3. Committee Meetings a. The State Executive Committee shall meet at least twice per calendar year, upon call of the Chairman at such times as the State Chairman deems necessary, or upon petition of 1/3 of the Members of the Committee, after giving 15 days written notice to all Committee Members. Twenty Five Percent of the Members shall constitute a quorum for the transaction of business. Ex-officio members do not affect the quorum. ARTICLE VI STATE ORGANIZATION 16 b. All proposed resolutions to come before the Executive Committee shall be submitted at least one month in advance so that they can be distributed to the Executive Committee membership prior to its meeting. Notwithstanding the above, resolutions may be submitted on the day of the meeting, but only if the propounder(s) of the resolution(s) shall have ?rst furnished sufficient copies of the proposed resolution for each member of the Executive Committee, and if, by a two-thirds majority, the members of the Executive Committee vote to consider the resolution, and 4. Duties of Officers a. The State Chairman, with the advice and consent of the Central Committee, shall have general supervision of the affairs of the Party within the State. In addition to overseeing the general operation of the Party, the State Chairman shall be the primary fundraiser for the Party. He shall preside at all Meetings of the State Executive Committee and shall perform such duties as may be prescribed by the State Executive Committee. He shall appoint, with the approval of the State Executive Committee, a Finance Chairman and Assistant Finance Chairman, who shall serve at the pleasure of the State Chairman. The State Chairman shall appoint the Temporary Officers of the State Conventions. In accordance with Article the Chairman shall nominate persons to the North Carolina State Board of Elections to serve on County Boards of Elections. In Accordance with Article VII.C.3 he shall appoint three members to each convention committee and a chairman of each convention committee from the committee's membership. The State Chairman may delegate authority to the District Chairmen to act on his behalf on any matter. b. The Vice Chairman shall be chief assistant to the Chairman and shall act as Chairman in the absence of the Chairman. The Vice-Chairman shall maintain close liaison with the District and County Vice-Chairman and encourage and direct activities in the Party structure. The Vice-Chairman shall work with the National Committeewoman and National Committeeman and provide them with information and assistance on state matters. The Vice-Chairman shall have such other duties as may be prescribed by the State Executive and Central Committees. c. The National Committeewoman and National Committeeman shall maintain liaison with the National Republican Party and with the State Executive and Central Committees. d. The Secretary shall keep minutes of all Meetings. The Assistant Secretary shall assist the Secretary in the above duties and shall act as the Secretary in the absence of the Secretary. e. The Treasurer shall receive and disburse all funds collected or earned by the State Party, and all disbursements shall be made by him. All funds shall be deposited in a central location at the Treasurer's direction. The Treasurer shall be bonded in an amount fixed by the State Central Committee, with the premium to be paid from Party funds. The Treasurer shall submit such financial reports as are required by state and ARTICLE VI - STATE ORGANIZATION 17 federal campaign election laws. The Treasurer shall submit such financial reports as required by the State Executive Committee and the Central Committee, including but not limited to, all debts and payables over 30 days past due, and the status of unpaid loans. The Treasurer shall submit at each Central Committee meeting a financial balance sheet, which includes all accounts of the Party. The Assistant Treasurer shall assist the Treasurer and act as the Treasurer in the absence of the Treasurer. AII elected Treasurers must successfully enroll in and complete the Mandatory Compliance Training provided by the North Carolina Board of Elections as soon as possible, but not later than sixty (60) days after election. f. The General Counsel shall advise the Executive Committee in all legal matters and shall act as Parliamentarian at all Meetings of the Committee. 5. Vacancies and Removals a. Vacancies due to death, resignation, discontinuance of residency within the State, removal of any Officer of the State Executive Committee, or for any other reason, shall be filled by the State Executive Committee. Vacancies due to death, resignation, discontinuance of residency within the District, or removal of any Member representing a Congressional District, or for any other reason shall be filled by the remaining members of the Congressional District Executive Committee in which such vacancy occurs. b. Procedure for removal of any Member or Officer is defined in Article The decision of the State Executive Committee shall be final. c. Any At?Large Member who is absent from three consecutive meetings shall have automatically resigned from the Executive Committee. The resulting vacancy shall be filled in accordance with Article Vl.B.5.a. C. STATE FINANCE COMMITTEE 1. Membership The Finance Committee shall consist of the State Finance Chairman, the Congressional District Finance Chairmen and the State Chairman. The State Finance Chairman shall serve as the Chairman of the State Finance Committee. Other Officers as may be deemed necessary may be elected by the Members of the Committee. 2. Powers and Duties It shall be the duty of the State Finance Committee to develop ways and means to properly finance the General Election campaigns and other businesses and affairs of the Republican Party. The Committee shall manage a united fund-raising effort in cooperation with the State Central Committee and District and County Organizations for effective fund-raising campaigns. Said Committee shall not, directly or ARTICLE VI - STATE ORGANIZATION 18 indirectly, raise or collect funds for the benefit of any candidates in Primary Elections. All persons making contributions to the State Party of $100.00 or more shall be furnished with a receipt thereof upon request. Contributions going directly to the National Committee or to any candidate shall not be acknowledged by the State Treasurer or recorded as a regular contribution to the Republican Party of North Carolina. 3. Duties of Officers The State Finance Chairman shall preside at all Meetings of the Committee and shall be the chief liaison between the Finance Committee and the State Central Committee. Other Officers shall have such duties as may be prescribed by the Committee. D. DEFINITION OF REVIEW The review to be conducted by the Auditing Committee, as described in Article above, shall be of the type and nature which the Auditing Committee, in its discretion, deems appropriate. However, the Auditing Committee shall conduct a full audit, as that term is used in the accounting industry, at least once every four years. ARTICLE VII - CONVENTIONS A. ANNUAL PRECINCT MEETINGS 1. Call for Meeting In every year, the County Chairman shall call Precinct Meetings during the months of February or March, if held concurrently with the County Convention, after giving no less than 15 days written notice to each Precinct Chairman and by notice in a newspaper of general circulation within the county as provided for in Article Precinct and the Chairs also be informed as to the number of registered Republicans entitled to cast votes at the county convention, and in accordance with Article Vll.A.3. Failure of the County Chairman to act in compliance with the provision above shall be cause for any Member of the County Executive Committee to call said Precinct Meetings by notice in a newspaper of general circulation within the County as provided for in Article Every Republican registered as ofJanuary 31 preceding the Meetings shall be entitled to cast one (1) vote, except that the January 31 requirement shall not apply to residents who have moved into the Precinct, or turned eighteen (18) years of age within 30 days of the Precinct Meeting. 2. Election of Precinct Officers At odd-year Precinct Meetings, at which a quorum is one person, unless the County Plan of Organization requires a larger number, attendees shall elect a Precinct Committee consisting of a Chairman, Vice- Chairman, Secretary and as many Members-at?Large as deemed necessary to conduct the business of the Precinct. Members of the Precinct Committee shall hold their offices for 2 years or until their successors are chosen. ARTICLE VII - CONVENTIONS 19 3. Election of Delegates and Alternate Delegates The annual Precinct Meetings shall elect 1 Delegate and 1 Alternate to the County Convention. They shall also elect 1 additional Delegate and Alternate for each 100 registered Republican voters, or major fraction thereof, in the precinct as ofJanuary 31 of that year. In determining the number of registered Republicans to be used as the basis for the number of additional Delegates and Alternates to be elected in the precinct under this calculation, a County may adopt, in its Plan of Organization, a basis number of registered Republican voters less than 100 but, in so doing, must assure proportional representation of all registered Republican voters in the county. 4. Meeting Cancellation Due to Circumstances out of Party?s Control When circumstances beyond the control of the County Party prevent access to or use of the annual precinct facility(ies) (including but not limited to inclement weather conditions), it shall be the responsibility of the County Chairman to consult with the County Vice-Chairman, County Secretary and County Treasurer and make a decision on the cancellation and rescheduling of said Annual Precinct Meetings in the most timely manner possible. All efforts should be made by the County Chairman to notify local news outlets of said cancellation and rescheduling information. Notice of cancellation and rescheduling shall be given to Republican State Headquarters within twenty-four (24) hours or on the next business day. B. COUNTY CONVENTIONS 1. Call of Convention a. A County Convention shall be called every year by the Chairman of the County Executive Committee, at a suitable location within the county, within the month of March, at least 10 days prior to the scheduled District Convention, and following procedures given in Article IX.A.4. At or about the time of the call of the Convention, the County Chairman, with the advice and consent of the Executive Committee, shall appoint a Credentials Committee consisting of no less than 3 people, which will meet and issue its report on Delegates and Alternate Delegates certified to that Convention. lf Precinct Meetings are held prior to the County Convention, the Credentials Committee shall issue its report on Delegates and Alternates certified to the County Convention at least 3 days in advance of the convening of the County Convention. When Precinct Meetings are held prior to the date of the County Convention, all Delegates and Alternates challenged in the report of the Credentials Committee shall be notified prior to the day of the Convention and allowed to present their case to the Credentials Committee prior to the convening of the Convention. If Precinct Meetings and the County Convention are held concurrently on the same day, the Credentials Committee shall issue its report on Delegates and Alternates certified to the County Convention prior to the transaction of any business at the County Convention. When Precinct Meetings are held concurrently on the same day with the County Convention, all Delegates and Alternates challenged in the report of the Credentials Committee shall be notified on that day and allowed to present their case to the Credentials Committee. The Delegates and Alternates elected at the Precinct Meetings, unless successfully challenged, shall sit as Delegates and Alternates to the County Convention. ARTICLE VII - CONVENTIONS 20 b. If the county chairman fails, refuses or neglects to call a County Convention as required by this Article, it shall become the duty of the Vice-Chairman to act in this capacity. The Vice?Chairman shall follow procedures given in Article IX.A.4. If the County Chairman or Vice-Chairman does not call such a Meeting, it shall be cause for any Member of the County Executive Committee, with the approval of the Congressional District Chairmen, to call such County Convention. 2. Convention Action a. Each year, the County Convention shall adopt or amend a written County Plan of Organization not inconsistent with this State Plan of Organization, a current copy of which shall be on file at County Headquarters and at State Headquarters. If the County Convention fails to adopt a written County Plan of Organization, the previously adopted County Plan of Organization shall remain in effect, to the extent not inconsistent with this State Plan of Organization. If a County has never adopted a County Plan of Organization and fails to adopt a written County Plan of Organization at a County Convention, the State Plan of Organization shall control. Failure to comply may result in the County Delegation not being seated at the State Convention by the State Credentials Committee. Failure of a County Republican Party to submit a County Plan to the NCGOP State Headquarters, within 30 days of its adoption, shall constitute agreement by the County Party to adopt the State Plan of Organization for that county. b. Elections In every odd-numbered year, the County Convention shall elect a Chairman and Vice-Chairman, a Secretary, a Treasurer and such other Officers as are otherwise provided for in the State or County Plan of Organization, who are registered Republican as ofJanuary 31 of that year and who shall serve for a term of 2 years or until their successors are elected. ii. In every odd-numbered year, the County Convention shall elect a County Executive Committee of five 5 or more voters, in addition to the County Officers, who shall hold their places for a term of 2 years or until their successors are elected. The County Plan of Organization may provide for the County Executive Committee to elect additional Members of the County Executive Committee in addition to those Members of the County Executive Committee elected by the County Convention. ARTICLE VII CONVENTIONS 21 The County Convention shall elect 1 Delegate and 1 Alternate to Congressional District and State Conventions, plus 1 additional Delegate and Alternate for every 250 Republicans, or major fraction thereof, registered in that county, as of January 31 of that year. In addition, for Counties located within more than one (1) Congressional District, the County Convention shall elect one (1) Delegate and one (1) Alternate Delegate for each Congressional District located within said County. Each County shall further elect 1 Delegate and Alternate for each Republican elected to the state legislature and to public office on the state or national level from said County in the last election held for that office. With respect to the District Convention, the additional 1 delegate and 1 alternate shall only be elected to the District Convention being held in the District in which said Republican elected to the state legislature and to public office on the state or national level actually lives. iv. If a County has been divided between 2 or more Congressional Districts, it shall prorate its Congressional District Delegate vote among these Congressional Districts in accordance with the Republican registration as ofJanuary 31 of that year in the political subdivisions within the County which have been divided among the different Congressional Districts. Congressional District Delegates elected to a Congressional District Convention, in addition to the other qualifications which they must meet, must reside in the Congressional District to whose Convention they are elected. The Delegates to the County Convention from the political subdivisions in different Congressional Districts shall elect the Delegates to their own Congressional District Convention. v. The residency requirements stated in the previous subsection (iv) only apply to the selection of delegates to the Congressional District Convention and nothing in the previous subsection (iv) shall be construed to create Congressional District residency requirements for election as a delegate to the State convention. 3. Credentials The Chairman and Secretary of the County Executive Committee shall certify the election of Officers, Committee Members, Delegates, Alternates and Precinct Chairs to the District and State Conventions, on forms created by the State Credentials Committee and approved by the State Central Committee and in conformance with Article VII. Completed Credentials shall be in the hands of or in the email box of the Congressional District Secretary and the State Headquarter no later than 10 days following the date of the County Convention. The postmark date will be used to determine compliance for mailed credentials. No Delegates or Alternates shall be added to the Credentials list following the adjournment of the County Convention. Copies of all newspaper notices in addition to a list of county and precinct officers, shall be submitted to the NC Republican Party and all applicable Congressional District Committees along with County Credentials. 4. Convention Fee ARTICLE VII - CONVENTIONS 22 For each person who is elected at a County Convention to be either a Delegate or an Alternate to the State Convention, the County shall forward to the State Party a fee set by the State Central Committee to defray the costs of mailing Convention materials to such elected Delegates and Alternates. A County Plan of Organization may permit the County Party to recover this fee from the Delegates and Alternates following their election. In addition, each County Chairman, with the advice and consent of their respective County Executive Committee, shall be authorized to assess a reasonable delegate fee, in addition to fee identified above, to defray the costs and expenses of conducting the County Convention. 5. Meeting Cancellation Due to Circumstances out of Party?s Control When circumstances beyond the control of the County Party prevent access to or use of the County Convention facility (including but not limited to inclement weather conditions), it shall be the responsibility of the County Chairman to consult with the County Vice-Chairman, County Secretary and County Treasurer and make a decision on the cancellation and rescheduling of said County Convention in the most timely manner possible. All efforts should be made by the County Chairman to notify local news outlets of said cancellation and rescheduling information. Notice of cancellation and rescheduling shall be given to Republican State Headquarters within twenty-four (24) hours or on the next business day. C. DISTRICT CONVENTIONS 1. Call of Convention a. A Congressional District Convention shall be called in every year by the Chairman of the Congressional District Committee, within the month of April upon 20 days written notice of the time and place for holding same to all Members of the District Committee and to the County Chairmen within said District. b. At the time of the call of the Convention, the District Chairman shall appoint a Credentials Committee, which will meet and issue its report on Delegates and Alternates certified to that Convention at least 3 days in advance of the convening of the Convention. All Delegates and Alternates challenged in the report of the Credentials Committee shall be notified prior to the day of the Convention and allowed to present their case to the Credentials Committee prior to the convening of the Convention. The Delegates and Alternates elected in the County Conventions, unless successfully challenged, shall sit as Delegates and Alternates to the Congressional District Convention. In years requiring reapportionment, the District Convention shall be called within dates designated by the Chairman of the State Republican Executive Committee. These Conventions are to be held after the General Assembly has completed Congressional redistricting. 2. Convention Action a. Each year, the Congressional District Convention shall adopt a District Plan of Organization, or the State Plan of Organization a current copy of which shall be on file at State Headquarters. If the District Convention fails to adopt a written District Plan of Organization, the previously adopted District Plan of Organization shall remain in ARTICLE VII - CONVENTIONS 23 effect, to the extent not inconsistent with this State Plan of Organization. If a District has never adopted a District Plan of Organization and fails to adopt a written District Plan of Organization at a District Convention, the State Plan of Organization shall control. b. In every odd-numbered year, the Congressional District Convention shall elect a Chairman and a Vice- Chairman, a Secretary, a Treasurer, and such other Officers as may be deemed necessary who shall serve for a term of 2 years or until their successors are elected. c. In every odd-numbered year, the Congressional District Convention shall further elect one (1) At-Large Member of the State Executive Committee, plus one (1) additional At- Large Member for every 8,000 Republicans, or major fraction thereof, registered within that district, as of January 31 of that year. d. In every Presidential Election Year, the Congressional District Rules Committee shall prepare and adopt Rules in compliance with the provisions of Article e. In every Presidential Election Year the Congressional District Convention shall elect 3 Delegates and 3 Alternates to the Republican National Convention and shall nominate 1 Presidential Elector, who must not be a current elected public official (pursuant to state law). 3. Credentials a. The Chairman and Secretary of the Congressional District shall certify election of Officers, and at large Members of the State Executive Committee, elected according to the provisions of Article Completed District Credentials, plus completed Credentials for the Counties within the District, shall be in the hands of the State Credentials Committee Chairman by the deadline set by the State Chairman. b. The Chairman and Secretary of the Congressional District shall certify the election of Delegates and Alternates to the National Convention, in addition to the Nominee for Presidential Elector, on forms furnished by the State Central Committee. 4. Convention Fee Each Congressional District Chairman, with the advice and consent of their respective Congressional District Executive Committee, shall be authorized to assess a reasonable delegate fee for attending the District Convention. The purpose of this delegate fee shall be to defray the costs and expenses of conducting the District Convention. D. STATE CONVENTION 1. Call to Convention ARTICLE VII - CONVENTIONS 24 A State Convention shall be called to be held in the month of May or in the first two weeks ofJune of each year, by the Chairman of the Republican State Executive Committee after giving 60 days written notice of the time and place for holding same to all Members of the State Executive Committee. Delegates and Alternates elected at the County Conventions, unless successfully challenged, shall sit as Delegates and Alternates to the State Convention. In years requiring reapportionment, the State Convention shall be called by the Chairman of the State Republican Executive Committee upon 60 days written notice of the time and place to all Members of the State Executive Committee. 2. Election of Officers In every odd-numbered year, the State Convention shall elect a State Chairman and a Vice-Chairman who shall serve for a term of 2 years or until their successors are elected. 3. Standing Committees a. The Standing Committees for each Convention shall be the Credentials, Plan of Organization, Platform, Resolutions and Rules. These committees will be appointed no later than September 1 preceding the Convention. The Committees will remain in effect until the next cycle of appointments. The State Chairman shall appoint three members to each of the Standing Committees for the Convention. Each Congressional District Chairman will appoint one person, other than themselves or their spouses, from their District to each of the Standing Committees. The State Party Chair will name the Committee Chair for each of the Standing Committees from within the membership of the respective Committees. Twenty-five percent of the Members of a Standing Committee shall constitute a quorum for the transaction of business. b. The Credentials Committee will meet and issue its report on Delegates and Alternates certified to that convention at least three (3) days in advance of the convening of the Convention. All Delegates and Alternates challenged in the report of the Credentials Committee shall be notified prior to the day of the Convention and allowed to present their case to the Credentials Committee prior to the convening of the Convention. c. The Credentials Committee, Plan of Organization Committee, Platform Committee, Resolutions Committee and the Rules Committee shall give written notice of all business it will place before the convention at least 30 days prior to the convening of the Convention by placing its reports on the NCGOP website. Any State Executive Committee member may request a written copy of the reports by mail. Any business on which notice has not been given shall not be taken up by the Convention or be placed on the agenda unless the propounder of said business shall have first furnished a minimum of one thousand (1000) copies of the matter to be considered, and then only if the Convention, by a two-third vote, agrees to address said business. d. If either the State Chairman or District Chairman fails to make the standing committee appointments within the time prescribed, the respective Vice?Chairman shall make the appointments. ARTICLE VII - CONVENTIONS 25 e. If, prior to the next appointing cycle, the residence of any committee member appointed by a District chair pursuant to Section shall change such that the residence of that member shall lie outside the District from which he was appointed, that person shall no longer be deemed a member of the standing committee to which he was appointed, and the District chair shall, within 30 days of his receipt of notice of the member's change of residence, submit the name of a new appointee to the State Chairman, who shall serve for the remainder of the term of the former member. Should the District chair fail to act in accordance herewith, the District vice chair shall make the replacement appointment in accordance with Section In the event that a change in residency within a District of a District Officer or member of any District Executive Committee is caused by Congressional District Redistricting, said affected Officer or member shall remain in their respective positions until the next regularly scheduled District Convention which shall elect their successors. 4. Presidential Election Year State Convention a. A Presidential Election Year State Convention shall be called in every Presidential Election Year on or before the date specified by the Republican National Committee Rules of the Republican Party for the selection or election of delegates to the national convention, by the Chairman of the Republican State Executive Committee after giving 60 days written notice of the time and place for holding same to all Members ofthe State Executive Committee. Delegates and Alternates elected at the Presidential Election Year County Convention, unless successfully challenged, shall sit as Delegates and Alternates to the Presidential Election Year State Convention. b. In every Presidential Election Year, the Convention shall elect Delegates and Alternates to the National Convention, in addition to those specified under Article in the number stipulated by the State Chairman as determined by the National Rules. The Convention shall nominate a National Committeeman and National Committeewoman who shall serve for a term of four (4) years or until their successors are elected; and nominate two(2) Presidential Electors-at?Large, and two (2) Alternate Electors?at?Large (listed in order) who shall not be current elected public officials (pursuant to state law). c. In addition to the Standing Committees for the State Convention identified in Article VII.D.3, the State Chairman shall appoint a National Convention Selection Committee for Presidential Election Year State Conventions. The appointment and operation of said committee shall follow the same guidelines for other Standing Committees outlined in Article VII.D.3, and shall have the further duties as outlined in Article 5. Convention Fee The North Carolina Republican Party may charge a delegate fee to cover the anticipated costs of the General Session of the State Convention. The delegate fee should be based on the estimated costs of hosting the State Convention and the estimated number of attendees. The State Central Committee shall approve the delegate fee based upon information presented by the Staff of the North Carolina Republican Party. ARTICLE VII - CONVENTIONS 26 ARTICLE - NATIONAL CONVENTION DELEGATE SELECTION A. DELEGATE AND ALTERNATE DELEGATE ALLOCATION 1. In every Presidential Election Year the Presidential Election Year State and District Conventions shall elect Delegates and Alternates to the National Convention. Each Presidential Election Year Congressional District Convention shall elect three (3) Delegates and three (3) Alternates to the National Convention. The remaining At-Large Delegates and Alternates allocated to the State, as determined by the National Rules, shall be elected at the Presidential Election Year State Convention. All Congressional District and At-Large Delegates, Alternate Delegates and Replacement Delegates shall execute a Delegate Pledge which shall be prepared by the National Convention Selection Committee pursuant to its authority under Article 2. For the purpose of determining the entitlement to Congressional District Delegates and Alternates to the National Convention by Presidential candidates, the provisions of this Section shall apply as follows: a. A Presidential candidate receiving more than two-thirds of the votes in any Congressional District shall be entitled to three (3) Delegates and three (3) Alternates from that Congressional District; b. If no Presidential candidate receives more than two-thirds of the votes in any Congressional District, the plurality winner is entitled to two (2) Delegates and two (2) Alternates from that Congressional District, and the candidate receiving the next highest number of votes receives one (1) Delegate and one (1) Alternate; provided, however, that if the plurality winner receives more than twenty percent and the number of votes received by the next highest candidate is less than twenty percent the plurality winner is entitled to three (3) Delegates and three (3) Alternates. c. If no Presidential candidate receives more than twenty percent each of the three (3) candidates receiving the highest number of votes shall receive one (1) Delegate and Alternate. 3. For the purposes of determining the entitlement to At-Large Delegates and Alternates by Presidential candidates, the Presidential Candidate that receives the highest number of votes cast in the Statewide Presidential Preference Primary, based upon a statewide canvass, shall be entitled to all of the At?Large Delegates and Alternates. B. CONGRESSIONAL DISTRICT SELECTION 1. The Congressional District Rules Committee for each Presidential Election Year Congressional District Convention shall prepare and adopt rules for the process by which Delegates and Alternates to the National Convention shall be elected. These ARTICLE NATIONAL CONVENTION DELEGATE SELECTION 27 Rules shall be adopted by the appropriate Congressional District Executive Committee and shall be submitted to the State Party at least two (2) weeks prior to the scheduled Presidential Election Year Congressional District Convention. Rules adopted pursuant to this subsection shall also provide for the election of two (2) replacement Alternate Delegates, who shall be bound in the same manner as Alternate Delegates pursuant to Article above. 2. The State Party shall maintain copies of the adopted Rules for the election of Delegates and Alternates to the National Convention for each Congressional District, and shall furnish copies of said Rules to any and all presidential campaigns which are or were on the North Carolina ballot, and which have not suspended their campaign. Congressional Districts shall not directly provide copies of the adopted Rules to any presidential campaigns, but shall refer any such requests for copies to the State Party. 3. The names of Congressional District Delegates, Alternate Delegates and Replacement Alternate Delegates to the National Convention shall be submitted to the State Party within ten (10) days of the Congressional District Convention. The names shall be submitted on forms provided by the State Party and shall be accompanied by an original signed pledge prepared by the National Convention Selection Committee, along with any other additional information requested by the State Party. 4. Congressional District Alternate Delegate and Replacement Alternate Delegates names shall be submitted in the order of replacement. In the event that a Congressional District Delegate shall resign, he or she shall be replaced by the first Alternate Delegate. The remaining two (2) Alternate Delegates shall be moved up in position and a Replacement Alternate will be notified of their election as the third Alternate Delegate. C. AT-LARGE SELECTION 1. National Convention Selection Committee a. In addition to the Standing Committees for the State Convention identified in Article VII.D.3 above, the State Chairman shall appoint a National Convention Selection Committee for Presidential Election Year State Conventions. The appointment of the members of the National Selection Committee, and its general operation shall governed by the provisions of Article however, the National Convention Selection Committee shall have the following additional duties and obligations: The Chairman of the National Convention Selection Committee shall call a meeting of the committee within thirty (30) days of his or her appointment to adopt Rules governing the method of receiving applications or taking nominations for At-Large Delegates and Alternate Delegates. The Committee shall submit its adopted Rules to the State Party Chairman who with the advice and consent of the State Central Committee shall approve the proposed Rules or recommend amendment; ARTICLE - NATIONAL CONVENTION DELEGATE SELECTION 28 ii. Pursuant to their adopted Rules, the Committee shall prepare applications, Delegate Pledges and any other forms required for the selection of At-Large and Congressional District Delegates and Alternate Delegates. Pursuant to the Rules adopted above, the Committee shall meet and prepare a slate of At-Large Delegates and Alternate Delegates for submission to the Presidential Election Year State Convention. iv. The number of At-Large Delegates and Alternate Delegates shall be determined by the National Rules. In addition to the number of Alternate Delegates determined by the National Rules, the slate shall include the names of five (5) Replacement Alternate Delegates, who shall be identified as such. The At?Large Alternate Delegates and Replacement Delegates shall be listed on the slate in the order of replacement. v. The Committee shall publish the proposed slate on the NCGOP website at least three (3) days prior to the commencement of the Presidential Election Year State Convention. vi. Nothing in this Plan shall be construed as a prohibition from Delegates to the Presidential Election Year State Convention from nominating additional slates of At Large Delegates and Alternate Delegates to be considered in lieu of the slate prepared by the National Convention Selection Committee, provided that no name may appear on more than one slate. D. BINDING OF DELEGATES The Delegates and Alternate Delegates serving as Delegates to the National Conventions shall be bound by the results of the Presidential preference primary for the first two (2) ballots and shall vote for the candidate to whom they are pledged. Should more than two ballots be required, the Delegates and Alternate Delegates serving as Delegates shall no longer be bound to the result of the Presidential preference primary; however, the Delegates and Alternate Delegates serving as Delegates shall be bound by the will of the North Carolina Delegation to the National Convention, who shall meet and determine how the North Carolina Delegation shall vote. Only Delegate and Alternate Delegates serving as Delegates shall be permitted to vote during the meetings of the North Carolina Delegation at the National Convention. E. DELEGATE FEE The North Carolina Republican Party shall be authorized to assess a Delegate Fee to any Delegate or Alternate Delegate attending the National Convention. The purpose of this Delegate Fee shall be to defray the costs of the delegation attending the National Convention. Any Delegate or Alternate Delegate who does not pay any assessed Delegate Fee shall be permitted to attend the National Convention sessions; however, they will not be permitted to attend any other events whose costs would have been defrayed by the Delegate Fee. ARTICLE NATIONAL CONVENTION DELEGATE SELECTION 29 F. VACANCIES If, thirty (30) or fewer days before the National Convention or during the convention, a Delegate's position becomes vacant and is not filled by an Alternate, or if an Alternate's position becomes vacant, and is not filled by a Replacement Delegate, the State Chairman shall fill the vacant Delegate or Alternate position. ARTICLE IX - GENERAL ADMINISTRATIVE PROCEDURE A. MEETING PROCEDURES 1. Annual Conventions and Presidential Election Year Conventions a. The County, Congressional District, and State Conventions shall be called to order by their respective Chairmen, or in the absence of the Chairman, by the Vice-Chairman or Secretary, in order slated, who shall have the power to appoint the necessary Convention Committees and Temporary Officers at or before the convening of the Conven?on. b. No member of a credentials committee created by this Plan shall be eligible to be elected to an officer or executive committee position at the convention for which the credentials committee serves, nor shall a committee member publicly support anyone for an office to be elected by said convention. Except when voting in convention, members of credentials committees shall strive to maintain the integrity of the convention and the committee by conducting the business of the committee with impartiality and strict neutrality on the business and elections of said convention. 2. Voting Procedure a. No Precinct shall cast more votes than it has duly elected Delegates on the floor at the County Convention. b. No person shall be seated as a Delegate at any County, District or State Convention unless such person shall have personally attended the Annual Precinct Meeting, and shall have been duly elected a Delegate or Alternate by the appropriate Precinct Meeting or County Convention; except, the registered Republican or Republicans, present at a County Convention from an unorganized Precinct, which has not had its credentials accepted, shall have the right to vote 1 vote per Precinct, prorated among those present from that Precinct. For those who were unable to attend the Annual Precinct Meeting, each County Plan of Organization may provide for a procedure to permit the election of person(s) to be Delegates and Alternates to the County, District and/or State Convention. Each County Executive Committee is hereby authorized to amend their County Plan of Organization prior to the Annual Precinct Meetings and County Convention for the sole purpose of implementing a procedure to permit the election of person(s) to be Delegates and Alternates to the County, District and/or State Convention. ARTICLE IX - GENERAL ADMINISTRATIVE PROCEDURE 30 c. No Delegate, Alternate or any other Member of a Committee shall cast any vote by proxy; provided, however, that, when not inconsistent with the Rules of the Republican National Committee, any Delegate or Delegates present shall have the right to cast the entire vote of the County in District and State Conventions. At congressional district conventions, votes for district officers (Chairman, Vice Chairman, Secretary, Treasurer, and any other offices provided in the District Plan of Organization) shall be by county according to the number of Delegates authorized to attend the district convention, so long as there is 1 Delegate, from that county, on the floor to vote the delegates authorized. At State Convention, votes for Chairman and Vice-Chairman shall be by county according to the number of Delegates authorized to attend the state convention, so long as there is one delegate, from that county, on the floor to vote the Delegates authorized. d. At the Presidential Year Convention, the delegates and alternates to the National Convention, in addition to the National Committeeman and National Committeewoman shall be elected only by votes from the Convention delegates on the floor of the Convention. Presidential Electors?at?Iarge shall be nominated only by votes from the delegates on the floor of the Convention. e. Ex?officio members of the committees have the same voting rights as the other committee members, and are not counted in determining if a quorum is present. When an Ex-officio member of a committee ceases to hold the office that entitles him/her to such membership, his/her membership terminates automatically. 3. Special Meetings and Conventions The State Central Committee, at any time, in the interests of the Republican Party, may direct the State Chairman or the Congressional District Chairmen to issue a call for Special Senatorial, Judicial or Legislative Organization Meetings, and Special County and Congressional District Conventions, in any or all of the Counties and Districts of the State. The procedure for calling Regular Meetings and Conventions shall apply to the calling of Special Meetings and Conventions so far as applicable and not inconsistent with this Plan of Organization. 4. Newspaper of General Circulation For purposes of this Plan of Organization, Call of Convention for County Conventions shall include notice published in a newspaper of general circulation in the County. Such notice may be either by paid advertisement or as a news item, provided in either case it includes the time, date, location and purpose of the Convention. The foregoing requirement may be modified in counties where other forms of media provide more effective notice to the general public?such as TV, radio, or other mass media. Any modification in the form of notice must first be approved in writing by the state Credentials Committee prior to being implemented. All published notices must appear or be broadcast at least 10 days prior to the Convention or Special Meeting. 5. Challenges ARTICLE IX - GENERAL ADMINISTRATIVE PROCEDURE 31 Notwithstanding any other provisions of this Plan of Organization, challenges to Delegates and Alternates must be made in their capacity as individual Delegates and Alternates. The successful challenges of individuals in their capacity as Delegates and Alternates shall not affect the seating of other Delegates and Alternates in the same Precinct or County Delegates unless it can be demonstrated by a preponderance of the evidence that the previous election of such successfully challenged Delegates and Alternates resulted in the election of other Delegates and Alternates within such Delegation who would not otherwise have been elected, but for the votes of the unqualified Delegates or Alternates. 6. General Election Procedure Notwithstanding any other Article in this Plan of Organization, the allocated Delegate slots and then the allocated Alternate slots allotted under this Plan of Organization to a Precinct or a County shall be filled first by the election of those duly qualified registered Republicans, eligible to vote, present at such Meeting or Convention and desiring to be elected to fill such slots. All duly qualified Republicans registered to vote may be elected by qualified Republicans attending the meeting to fill slots that have not been filled by Republicans attending the meeting or conventions. A county may provide in its Plan of Organization that only persons actually present are eligible for election as Delegates or Officers. 7. Vacancies and Removals a. Any Member of a Committee organized under this Plan may be removed either: i. By a 2/3'5 vote of the respective Committee after being furnished with notice of the charges against him, signed by the lesser of 50 Members or one-third of the Members of the respective Committee. Any Republican against whom charges are brought shall be furnished with 2 weeks notice of said charges and be given an opportunity to present a defense. Removal by a vote of the respective Committee shall be confined to gross inefficiency, Party disloyalty (as defined herein) or failure to comply with the County, District, or State Party Plans of Organization. ii. Automatically upon such Member's conviction (as defined below) of a felony after election to such Committee organized under this Plan without the need for any further action immediately effective upon such conviction, and the seat declared vacant. Each Member shall have the affirmative duty to inform the Chairman of such Committee in writing immediately upon his conviction of a felony,- provided that the failure of a Member to so notify the Chairman in writing shall not delay, prevent or restrict the expulsion of such Member from such Committee in accordance with this Section. b. For the purposes hereof, a "conviction" shall be defined as the conviction of or the entering of a guilty plea, an Alford plea, or a plea of no contest to a felony. c. For the purposes of this Plan of Organization, "Party Disloyalty" shall be defined as actively supporting a candidate of another Party or independent candidate running in opposition to a candidate of the Republican Party or a Republican endorsed by the appropriate Executive Committee in a non-partisan election. ARTICLE IX GENERAL ADMINISTRATIVE PROCEDURE 32 8. Non-Partisan Candidates and Office Holders No County, Congressional District or State Committee of the North Carolina Republican Party shall offer an opportunity for a candidate for, or current office holder of, a "non?-partisan office" who is not a Registered Republican to address a Republican Convention or other function sponsored by the North Carolina Republican Party or any of its subdivisions. B. OFFICIAL RECORDS Minutes shall be kept by all Committees and Conventions of official actions taken, and a copy shall be filed with the Chairman of the appropriate Committee or Convention and with Republican State Headquarters. C. FINANCIAL ACCOUNTS 1. Records The Chairman, Treasurer, and Finance Chairman of the County, District and State Committees shall keep faithful and accurate records of any and all monies received by them for the use of the said Committees and shall make faithful and accurate reports thereof when so requested. 2. Loans No officer, staff or member of the Party shall cause the Party to undertake a loan without the prior approval of the Central Committee. 3. Budgeted Expenses No State officer, or State staff member of the Party shall exceed approved total budgeted expenditures without approval from the Central Committee. 4. Leases No State officer, or State staff member, of the Party shall commit the Party to a lease in excess of $10,000 or 90 days without the approval of the State Central Committee. D. APPOINTMENTS AND NOMINATIONS 1. Notification It shall be the duty of the State Chairman to transmit notice of known vacancies on a County, District or State level to those persons having jurisdiction over such appointments. 2. Filling Vacancies ARTICLE IX - GENERAL ADMINISTRATIVE PROCEDURE 33 a. When a vacancy occurs in a governmental office for which a Party recommendation is called for, the vacancy shall be filled in accordance with the laws of the State of North Carolina and the terms of this Plan. The abovementioned recommendation shall be provided by the committee havingjurisdiction over the district, which is subject of the vacancy. b. In multi-county offices or state legislative offices, the responsibility for calling the meeting rests with the State Chairman. The State Chairman may delegate this authority to the appropriate district or county chairman or the Congressional District Chairman if the county or congressional district, as the case may be, encompasses all the district or county in which the vacancy occurs. c. Unless otherwise provided by law, notice to committee members of the time, date, location and purpose of the meeting at which a recommendation for filling the vacancy will be considered, must be made by United States Mail First Class Postage prepaid to the last known address of the committee member. Notice must be mailed at least ten (10) days prior to the date of the meeting, unless good cause exists for shortening the time period. In no case may the meeting be scheduled for a date and time less than five (5) days after the mailing of the notice to committee members. The individual required by this Plan of Organization or appointed by the Chairman of the North Carolina Republican Party shall provide the Executive Director an affidavit or other suitable verification that notice was properly mailed, via United States Mail First Class postage prepaid to the last known address of the committee members requiring notice of the meeting. d. Nominations to the County Boards of Election for a full term by the State Chairman to the North Carolina State Board of Election shall be subject to the following procedures: i. At least ninety (90) days prior to the date the State Chairman must submit nominees to the North Carolina Board of Elections, the State Chairman must give notice by electronic and/or written means to the County Chairman informing the County Chairmen of the deadline by which such nominations from the County Executive Committees must be submitted to the State Chairman. The deadline for nominations to be submitted to the State Chairman shall be at least thirty (30) days prior to the date the State Chairman must submit the nominees to the North Carolina Board of Elections. ii. Each County Executive Committee, through the County Chairman, shall submit to the State Chairman by electronic and/or written means the names and the order of the names for the nominations approved by a majority of the County Executive Committee at least thirty (30) days prior to the date the State Chairman must submit the nominees to the North Carolina Board of Elections. ARTICLE IX GENERAL ADMINISTRATIVE PROCEDURE 34 If the State Chairman fails to accept the nominations from the County Executive Committee (including the order of the names submitted), the State Chairman shall provide the County Chairman in writing by electronic and/or written means a list of his final nominations to the North Carolina State Board of Elections and his or her reasons for rejecting the County?s nominees. iv. If a vacancy occurs on a County Board of Elections the State Chairman shall establish a procedure in which the following occur: (1) the respective County Executive Committee is give the opportunity to submit nominations to the State Chairman; (2) the State Chairman gives the County Executive Committee notice if the State Chairman intends not to accept the submitted nominations, including the order of the names of the nominations; (3) the County Chairman is notified of the State Chairman?s final nominations to the North Carolina State Board of Elections. v. In all events, the State Chairman shall give written notice to each County Chairman of the nominations submitted to the North Carolina State Board of Elections within fifteen (15) days of the submission of the nominations. e. In those cases where the State Chairman or, by appointment, the county, district, or Congressional District Chairman calls the meeting, the State Chairman shall designate the person to chair the meeting. The vote shall be conducted in a method reasonably calculated to assure accuracy and fairness to all potential candidates for the position. f. Should any cause or provision found in this section be deemed inconsistent with the laws of the State of North Carolina, those laws shall govern as to the particular clause or provision and the remainder of this section shall apply. E. FORFEITURE 0F OFFICIAL PRIVILEGES 1. Removal or Resignation from Committees Any current or former Officer or Member of a Precinct Committee, County Executive Committee, District Committee, State Executive Committee or State Central Committee who, for any reason, is removed or resigned from said position shall forfeit all rights and privileges in any way connected with that position. 2. Party Disloyalty Any registered Republican attempting to influence or influencing the outcome of any election against a Republican candidate or Republican endorsed by the appropriate Republican Executive Committee or Legislative Caucus, other than by supporting an opposing Republican Candidate in a Republican primary, may be declared ineligible to hold office under the State Plan of Organization at the State, District, and Precinct level for Party disloyalty by 2/3 vote of the State Executive Committee. Charges of Party disloyalty may be brought by petition of 50 members of the State Executive Committee, or by resolution of a County or District Republican Executive Committee. The State Executive Committee may declare a Republican found to have engaged in Party disloyalty as ineligible to serve in any office under the Plan of Organization for a period of time between 6 months and 5 years. ARTICLE IX - GENERAL ADMINISTRATIVE PROCEDURE 35 F. REFRAIN FROM UTILIZING POWERS OF OFFICE IN REPUBLICAN PRIMARY Each Officer and each Member of any Committee created pursuant to this Plan of Organization shall refrain from utilizing the powers and dignity of his or her office or position in any Republican Primary for public office at any level. Nor shall any Committee created pursuant to this Plan of Organization make or issue, in any way, manner or form, any endorsement in any Republican Primary for public office. Nor shall any Committee issue any contrary endorsement or withhold support from any non-partisan judicial candidates properly endorsed pursuant to this Plan of Organization. G. PARTY OFFICERS AS CANDIDATES In the event that the chairman or vice chairman of the State Party, or any District, Legislative, Judicial or County Party, shall announce his intentions to run for public office or shall file a notice of candidacy with the Board of Elections, that person shall be deemed to have resigned his office within the Party, effective seven days after the close of filing, and the then-existing vacancy shall be filled as provided for herein. In those cases where the Party office held by said person is at the county level, the Party official may petition the County Executive Committee for exemption from this provision and the County Executive Committee may, for good cause shown, grant such an exemption with a two-thirds affirmative vote. This exemption shall be deemed void if any other Republican files with the Board of Elections for the same public office within that election cycle. H. ENDORSEMENTS IN ELECTIONS 1. County and District Elections In non-partisan elections or in elections where there is no primary election, district and county executive committees shall have exclusive authority to endorse registered Republicans running in that district or county. Political subdivision executive committees County Executive Committee) shall not issue endorsements in races unless the District resides entirely within the County. All members of the County Executive Committee may vote on the endorsements for districts wholly encompassed within that county, regardless of whether Committee members live within the District in question. In Those Districts encompassing more than one County or portions of more than one County, endorsements may only be made in accordance with Article 2. Statewide Judicial Elections In statewide judicial elections where there is no primary election, the NCGOP State Executive Committee shall have the exclusive authority to endorse registered Republicans. Political subdivisions executive committees County Executive Committees, Congressional District Executive Committees, etc) shall not issue endorsements of statewide judicial candidates inconsistent with the State Executive Committee endorsements. At a properly noticed meeting, the NCGOP State Executive Committee is permitted to issue an endorsement of a statewide judicial candidate prior to, during or after the filing prescribed filing period for said statewide judicial office. 3. Notice of Endorsement Meetings ARTICLE IX - GENERAL ADMINISTRATIVE PROCEDURE 36 With respect to any endorsement provided for in this section (Article IX.H), and unless othenivise provided by law, notice to committee members of the time, date, location, and purpose of the meeting at which any such endorsement will be considered must be made by United States Mail to the last known address of the committee member. Notice must be mailed at least ten (10) days prior to the date of the meeting, unless good cause exists for shortening the time period. In no case may the meeting be scheduled for a time and date less than (5) days after the notice to committee members. Such notice shall also be provided to all registered Republicans who are candidates seeking the office for which the endorsement is made. I. NOTICE 1. Written Notice "Written Notice" as used in this plan shall mean notice sent through the United States Postal Service (USPS) first class mail. a. The date post marked by the USPS shall be conclusive as to the date notice was given. b. Individuals entitled to receive written notice under this plan may elect to receive notification by other means in lieu of written notice. This may be requested via written notice to the secretary of the entity required to give written notice; however, this waiver is revocable at any time by sending written notice of the revocation to the secretary. 2. Notice "Notice? as used in this plan shall be defined as the actual providing of the required information to the intended recipient by direct means which are substantially likely to inform the recipient. "Notice? can include, but is not limited to, US Mail First Class postage prepaid, telephonic communications, telefacsimile transmissions, and/or email. Any individual providing notice pursuant to the plan shall document the time and manner of providing notice in the event a challenge to providing proper notice anses. J. PARTICIPATION BY TELEPHONE OR OTHER ELECTRONIC CONFERENCE CALL The Chairman of any committee organized under this Plan may permit any one (1) or more members of such committee to participate in a meeting of such committee by means of a telephone or other electronic conference call that allows all persons participating in the meeting to simultaneously hear each other during the meeting, and such participation in a meeting shall be deemed present in person at such meeting. K. ACTION WITHOUT MEETING Action required or permitted to be taken at a meeting of any committee organized under this Plan may be taken without a meeting by unanimous written consent of all members of such committee. The action must be evidenced by one or more written consents signed by each member of such committee before or after such action, describing the action taken, and included in the minutes or filed with the committee's records. Action so taken is effective when the last member of such committee signs such ARTICLE IX - GENERAL ADMINISTRATIVE PROCEDURE 37 consent, unless the consent specifies a different effective date. Such consent has the effect of a meeting vote and may be described as such in any document. ARTICLE - AMENDMENTS, APPLICABILITY AND EFFECTIVENESS OF THIS PLAN A. AMENDMENTS TO PLAN OF ORGANIZATION 1. Timing of Amendment The Plan of Organization may be amended, not inconsistent with the Rules of the Republican National Committee, by majority vote of the delegates present and voting at any State Convention provided, however, that the proposed amendment was mailed to the membership of the State Executive Committee, elected at the preceding District Convention, at least thirty days prior to the convening of the State Convention. This mailing requirement shall not apply to the Report of the duly appointed Plan of Organization Committee, which shall be noticed pursuant to Section of this Plan.1 2. Proposed Amendments from Floor of State Convention Amendments from the Convention floor to the proposed Amendments to the Plan (an amendment to the amendment) which would materially alter the intent of the original proposed amendment shall not be considered in order unless the propounder of the proposed amendment shall have first furnished a minimum of one thousand (1000) copies of the proposed amendment, and must receive a two-thirds vote of the delegates present and voting at any State Convention to be approved. This paragraph applies only to amendments to Amendments to the Plan that were mailed out to the Executive Committee as above described. 3. Untimely Proposed Amendments Proposed amendments to the Plan not mailed to the State Executive Committee thirty days prior to the convening of the State Convention shall not be considered in order unless the propounder of the proposed amendment shall have first furnished a minimum of one thousand (1000) copies of the proposed amendment, and it must receive a two-thirds vote of the delegates present and voting at any State Convention. 4. Administrative Amendments Plan of Organization Committees shall have authority to correct any spelling or typographical errors in the Plan of Organization, as a housekeeping matter, that do not change the substance of the Plan. Notwithstanding any other provision of this Plan or any County Plan of Organization, in the event that there is a change in state or federal election law that renders a portion of this Plan ineffective, obsolete or inoperative, the Executive Committee may, upon a two-thirds majority vote, temporarily amend this Plan to the extent necessary to alter procedures or schedules affected by such change in state or federal election law. Any change made pursuant to this paragraph shall be effective only until the date of adjournment of the next annual State Convention called pursuant to this Plan, Article ARTICLE - AMENDMENTS, APPLICABILITY AND EFFECTIVENESS OF THIS PLAN 38 B. APPLICABILITY 1. Rules as to Towns and Cities This Plan of Organization is not intended to extend to or establish organizations for the Republican Party of various towns and cities of the State of North Carolina as separate units from the Precinct and County Organization. Qualified and registered Republican voters of the towns and cities of the state may organize and promulgate their own rules not inconsistent with these rules and the organizations herein established. 2. Rules as to Counties and Districts The Precinct and County Committees and County Conventions, and the District Committees and Conventions are authorized to promulgate such additional rules and establish such additional Party Officers or Committees for their respective organizations, not inconsistent with these rules, as shall be deemed necessary. Counties may establish Executive Boards to transact the business of the Party between County Executive Committee Meetings. C. AUTHORITY 1. Controversies Controversies in any County or District with respect to the organizations set up therein under this Plan shall be referred to the State Chairman, State Vice?Chairman, National Committeeman, National Committeewoman and General Counsel for arbitration. Ruling shall be made within 60 days, and their decision shall be final. 2. Parliamentary Authority The current edition of Robert's Rules of Order Newly Revised shall govern all proceedings, except when inconsistent with this State Plan of Organization or Convention Rules properly adopted. 3. Gender and Number The masculine pronoun or title herein includes the feminine, and the singular herein includes the plural, wherever appropriate. 4. No Proxy Voting No proxy voting shall be allowed at any meeting or convention held pursuant to this Plan. D. EFFECTIVE DATE 1. Effective Date ofthis Plan ARTICLE - AMENDMENTS, APPLICABILITY AND EFFECTIVENESS OF THIS PLAN 39 This Plan of Organization shall become effective and repeal and supersede all other rules, except as specifically noted, immediately following adjournment of the State Convention in Hickory, North Carolina, on June 8, 2018. This, however, shall not invalidate any action taken under the previous rules prior to the date above. The adoption of this Plan shall not affect the term of those office holders at the time of the adoption of this Plan. 2018 Plan of Organization Committee Scott Cumbie, Chairman Chris Turner (At-Large) Harvey West, Jr. (15t District) Mark Edwards (2"d District) Steven Rader (3rd District) Martha Jenkins (4th District) Theresa Esposito (5th District) Rick Smith (6th District) Robert Muller (7th District) Joseph Burleson (8th District) Dan Barry (?3th District) David Abernethy (10th District) Betty Budd (11th District) Rob Kidwell (12th District) Jon Welborn (13th District) ARTICLE - AMENDMENTS, APPLICABILITY AND EFFECTIVENESS OF THIS PLAN 40 View this email in vour browsm an NCGUP NORTH EARUUNA REPUBLICAN PARTY FOR IMMEDIATE RELEASE Contact: Jeff Haus er March 15, 2019 jeff.hauser@ncgop.org 252-378?4862 FOR IMMEDIATE RELEASE: Chairman Hayes Blocks Fake Republican From GOP Data, Resources Raleigh, NC With news breaking that Chris Anglin has entered the Ninth Congressional District Republican primary, North Carolina Republican Party Chairman Robin Hayes has released the following statement: ?There are numerous high quality candidates that have entered the race. We look forward to a vigorous primary and supporting the winner to defeat another pawn of Nancy Pelosi who shies away from answering the tough questions that Ninth District voters demand of their representatives. "However, Chris Anglin is not a Republican. During the 2018 campaign, Anglin changed his registration from Democrat to Republican in order to split the vote and allow the election of a far?left activist to the State Supreme Court. Anglin raised an overwhelming majority of his funds from liberal donors. He will not be allowed to access any GOP data, information, or infrastructure. As allowed by Republican Party rules, our committees with jurisdiction over this matter will con?rm my decision in due course." a Share Tweet Forward 0 - EXHIBIT Subscribe Past Issues Trans PRECINCT MEETINGS View thisemail In 1your browser Wilm??i? WENT 1? $5me mm mmecxsop FOR IMMEDIATE RELEASE CONTACT: Sarah Reidy-J ones March 15, 2019 gopreidy@gmai1.com (502) 851-9600 FOR IMMEDIATE RELEASE: Mecklenburg GOP Chair, General Counsel Agree With Chairman Hayes Charlotte, NC - Mecklenburg County Republican Party Chair Chris Turner and North Carolina Republican Party General Counsel and Mecklenburg County Convention Chair John Lewis have released the following joint statement: "As Chairman of the Mecklenburg GOP, and as NCGOP General Counsel and Mecklenburg convention chair, we fully agree with Chairman Hayes on this issue. Further, Mr. Anglin is not welcome at tomorrow's county convention, and will be removed by the appointed Sgt. of Arms if needed. Democrats used every trick in the book to block the will of the voters in the 9th and they are doing it again. But it won't happen at our convention." EXHIBIT "i i Chris Anglin Fwd: Candidate Forum 2 messages Jackie Weyhenmeyer Thu, Mar 28, 2019 at 5:48 AM To: anglin4congress@gmail.com Mr. Anglin: I am very sorry but you have not been invited to attend or participate in our 9th District Candidates' Forum. As a Federated club, we adhere to the guidance of the NCGOP. Their directives have been very clear regarding your participation and attendance at GOP events. Sincerely, Jackie Weyhenmeyer President Cumberland County Republican Women?s Club Fonivarded message From: Chris Anglin Date: Wed, Mar 27, 2019 at 10:00 PM Subject: Candidate Forum To: Ms. Ulrich, Chris Anglin would like to RSVP for the forum which is being held on April 8, 2019. He would like to speak at the event. If any further action is required for him to attend, please let us know. We can be reached at this email. Thank you, Anglin Campaign EXHIBIT .1 .1 as] ,1 New voicemail from (704) 465-2255 at 4:43 PM 5 messages Chris Anglin Google Voice To: anglinlaw2011@gmail.com Thu, Mar 21, 2019 at 5:45 PM Hello, this is Charles Horton the county chair of Anson County GOP. I'd like to talk to you about possibility of coming to our next meeting and make it a short speech about the District 9 Kevin see or talk about the District 9 convention that's coming up what I might hear their. My number is 704-465-2255. Thank you. PLAY MESSAGE YOUR HELP HELP ACCOUNT CENTER FORUM To edit your email preferences for voicemail, account Goggle Gout ie LLC 160 Amphitheatre Pkwy Mountain View CA 94043 USA go to the email notification settings in your EXHIBIT ?1 i .- 3. Chris Anglin New voicemail from (704) 465-2255. 2 messages Mon, Apr 8, 2019 at 1:15 PM Google Voice To: anglinlaw2011@gmail.com 53 Voice Hello, this is Charles Horton chairman of the Anson County GOP regarding our meeting tonight that you were expressed interest in speaking at our meeting. I'm going to have to disinvite you for speaking because I've learned that you are not endorsed by the North Carolina State GOP. So don't plan on coming cuz you won't be on the list of speakers. Thank you. PLAY MESSAGE YOUR HELP HELP ACCOUNT CENTER FORUM To edit your email preferences for voicemail, go to the email notification settings in your account Boogie Goo le LLC 180 Amphitheatre Pkwy Mountain View CA 94043 USA EXHIBIT VIA FIRST CLASS MAIL and HAND DELIVERY April 10, 2019 Aubrey Woodard Acting Chair, NCGOP 1506 Hillsborough St. Raleigh, NC 27605 Mr. Woodard: I hope this letter ?nds you well and enjoying your new role as Acting Party Chair. This is to request access to any and all data, voter ?le, lists, calendars and events made available to any Republican candidate running for Congress in NC 09 and reverse your predecessor?s ban on me from having access to this material and attending party events related to the election. This was a clear violation of the Party?s rules. The Plan of Organization clearly states the State Republican Party is in no way to demonstrate favoritism in a primary. I have not been noti?ed of any efforts by Executive Committee members to ?nd me disloyal, nor given any opportunity to defend myself. Considering Chairman Robin Hayes? indictments, this now presents the Party an opportunity to revisit his decision to ban me, follow the Party's rules and give me access to any and all that is made available to other Republicans in this primary. I would ask in your new role as acting chair that you reverse this decision. It provides the party an opportunity to correct its past mistakes and take it in a new direction. Ronald Reagan said, "If history has a lesson for us, it is that self-delusion in the face of unpleasant facts is folly." Given the latest series of embarrassments for the State GOP, I think it is time to face the facts. The party needs to be taken in a new direction and voters should have the opportunity to hear from candidates with different view-points. Allowing me to participate in the primary with access to the resources the other candidates have offers the party the chance to do that. I would appreciate a response to this request before Friday, April 12, 2019. Unfortunately, failure to honor it will force me to consider legal remedies. EXHIBIT Respectfully, Christopher Anglin Anglin For Congress PO. Box 90761 Raleigh, NC 27675 T: (919) 249-8657 Cc: Dallas Woodhouse Executive Director STATE OF NORTH CAROLINA IN THE GENERAL COURT OF JUSTICE WAKE COUNTY SUPERIOR COURT DIVISION 19 358? CHRISTOPHER J. ANGLIN, Plaintiff, MOTION FOR TEMPORARY RESTRAINING ORDER VI NORTH CAROLINA REPUBLICAN PARTY, ROBIN HAYES, IN HIS ROLE AS CHAIRMAN OF THE NORTH CAROLINA REPUBLICAN PARTY AND AUBREY WOODARD, IN HIS ROLE AS ACTING CHAIRMAN OF THE NORTH CAROLINA REBPUBLICAN PARTY t} Defendants. Now comes the Plaintiff Christopher J. Anglin (?Plaintiff?) and respectfully moves the Court pursuant to Rule 65(b) of the North Carolina Rules of Civil Procedure to enter a Temporary Restraining Order to prevent irreparable injury and loss to Plaintiff which will occur before the adverse parties and attorneys can be heard in opposition to Plaintiffs lawsuit and request a preliminary and permanent injunction. In support of his motion for a TRO, Plaintiffs shows and facts and exhibits attached to the veri?ed Complaint and further shows the Court as follows: 1. Article IX, Paragraph of the 2018 Plan of Organization states: ?Each Of?cer and each Member of any Committee created pursuant to this Plan of Organization shall refrain from utilizing the powers and dignity of his or her of?ce or position in any Republican Primary for public of?ce at any level.? 2. Defendant Robin Hayes was in clear violation of this provision when he banned Plaintiff from all party resources. The Defendants have done nothing to correct this violation despite being given the opportunity and time necessary to do so. 3. Nowhere in the Plan is the Chairman of NCGOP given the authority to deny access to party resources to primary candidates. Hayes was acting outside the scope of his authority when he initially denied Plaintiff access on March 15, 2019 and the Defendants have continued to do SO. 4. If there is a mechanism in the Plan for Defendants to deny candidates access to party resources, which Plaintiff denies, the Defendants have not followed the procedure provided. 5. Defendants only have powers which are provided to them by the Plan and their actions constitute ultra vires conduct. 6. The Defendants have both violated their own rules and taken action which they do not to have the inherent authority to undertake. 7. Plaintiff is currently the only candidate running in a Republican primary in either 9th District or 3rd District who has been denied access to party resources. 8. NCGOP is a public or quasi-public entity in that its authority is derived from state law and its elections are funded by the taxpayers. Therefore, NCGOP is subject to the same constitutional constraints concerning candidate participation in primary elections that the state and local governments are. 9. NCGS 163A, the Elections and Ethics Enforcement Act, contemplates participation of NCGOP at every level of the election process and provides for the process by which US House Primary Elections are conducted. 10. Article I, the Declaration of Rights, of the North Carolina Constitution provides af?rmative and protected rights for all Persons in North Carolina. 11. Section 1 of the Declaration of Rights states: Section 1. The equality and rights of persons. We hold it to be self-evident that all persons are created equal; that they are endowed by their Creator with certain inalienable rights; that among these are life, liberty, the enjoyment of the fruits of their own labor, and the pursuit of happiness. .. 12. Defendants? actions deprive Plaintiff of his inalienable right to liberty, insofar as he is being deprived of his vested right to have access to party resources that the other candidates have access to. 13. Defendants? actions, as applied to Plaintiff, arbitrarily and capriciously prevents Plaintiff from having the equality and rights bestowed upon others similarly situated, namely his opponents, insofar as they are not barred from running as a candidate of their chosen political party. 14. Section 10 of the Declaration of Rights declares: Sec. 10. Free elections. All elections shall be free. 15. The Defendants have acted to speci?cally to interfere with Plaintiffs candidacy as a Republican. 16. Their actions would deprive Plaintiff of his right as a North Carolinian to participate in an election free from interference or intimidation. 17. Section 14 of the Declaration of Rights provides: Sec. 14. Freedom of speech and press. Freedom of speech and of the press are two of the great bulwarks of liberty and therefore shall never be restrained, but every person shall be held responsible for their abuse. 18. Defendants? actions deprive Plaintiff of his right of political association, a key component of the freedom of speech. Plaintiff has a right under Section 14 of the North Carolina Constitution to express political beliefs and associate himself with the political party of his choice. This right included a vested right to associate himself with the Republican Party as a candidate in the 9th District. 19. By retroactively changing their policies after Plaintiff ?led to run, Defendants will have arbitrarily and capriciously deprived Plaintiff of his freedom of speech through political association. 20. Section 19 of the Declaration of Rights provides: Sec. 19. Law of the land; equal protection of the laws. No person shall be taken, imprisoned, or disseized of his freehold, liberties, or privileges, or outlawed, or exiled, or in any manner deprived of his life, liberty, or property, but by the law of the land. No person shall be denied the equal protection of the laws; nor shall any person be subjected to discrimination by the State because of race, color, religion, or national origin. 21. Defendants? actions disseize Plaintiff of a privilege and vested right for which he paid and to which he was entitled by statute: the right to run for of?ce as a declared Republican candidate. 22. By denying Plaintiff access to party resources, Defendants will be retroactively changing the rules under which Plaintiff ?led, paid and began his campaign. The Defendants? actions as annlied to Plaintiff. deprive Plaintiff of his vested right, and thus his liberties, privileges and property without following the Law of the Land and without Due Process. 23. Section 32 of the Declaration of Rights states: Sec. 32. Exclusive emoluments. No person or set of persons is entitled to exclusive or separate emoluments or privileges from the community but in consideration of public services. 24. Defendants? actions as applied to Plaintiff. provides an exclusive and separate emolument to the nine other candidates, by retroactively changing the rules that apply to the race and, when Plaintiff was a registered Republican at the time of ?ling his candidacy. Plaintiff is therefore directly and materially harmed by an unconstitutional bene?t made by NCGOP to his opponents. 25. Given that the elections are less than three weeks away, should the Court not immediately enter a temporary restraining order the Plaintiff will suffer immediate and irreparable harm. He will not have access to the other resources which other candidates have access to and is having his constitutional rights violated. 26. Republican voters in the 9th District will also suffer immediate and irreparable harm given that they will not be able to hear from all the candidates and make their decisions with adequate information. Republican voters in the 9th District are having their rights under both the Plan and constitution violated as well. 27. Plaintiff will serve Defendants with this motion along with the summons and complaint immediately upon ?ling this action pursuant to Rule 4 of the North Carolina Rules of Civil Procedure and inform them of the TRO hearing date when it is scheduled. 5 WHEREFORE, in order to preserve his rights until such time as this Court may fully consider and rule upon his claims, Plaintiff respectfully requests the entry of a TRO under Rule 65(b) of the North Carolina Rules of Civil Procedure providing the following temporary injunctive relief: 1. Barring Defendants from continued enforcement of the denial of access to party resources and events; 2. Grant Plaintiff immediate access to all NCGOP resources that other candidates have access to and entry into primary related events; 3. That any relief granted apply to all county and local Republican Party organizations throughout the state; and; 5. For such other and further relief which this court deems just and appropriate. Respectfully submitted, this the 26th day of April, 2019. ANGLINHLAW FIRM, PLLC By: JVLJA LN Christopher J. Anglin NC. State Bar No. 43388 PO. Box 91746 Raleigh, North Carolina 27675 Telephone: (919) 803-1516 Facsimile: (919) 803-1517 E?mail: Attorney for Plaintiff