[Lpk-execomm] Election Rules Objections

[Ken Moellman]

With the rules adopted by the Elections Committee now posted and visible 
to the Executive Committee, I would like to ask the Executive Committee 
to object to the following two rules:


Objection #1: 100.1(3)(b)

100.1(3)(b) persons convicted of a Class C or Class D felony, who have 
had more than 5 years pass since their final discharge from any 
incarceration and their release from any probation; further, such 
persons shall be dues paying members of the party to be eligible to vote;


Objection rationale:

Why are we opening the door to people who have committed felonies that 
have violated the NAP/SOP?  Section (a) covers all felonies and permits 
that those that do not violate the NAP can get back in, whereas (b) 
gives a blanket pardon even if they've violated the NAP.  So a Class C 
or Class D sexual offense is now just washed away?

Second-Degree Rape is a Class C Felony Sexual Assault in Kentucky, 
defined as "Being 18 years old or older and having sexual intercourse 
with someone who is less than 14 years old, or who is mentally 
incapacitated."

Third-Degree Rape is a Class D Felony Sexual Assault in Kentucky, 
defined as: "Having sexual intercourse with someone in one of the 
following situations
* Victim isn't capable of consenting to the act because of an 
intellectual disability,
* Offender is 21 years old or older and the victim is less than 16 years 
old,
* Offender is 21 years old or older and the victim is less than 18 years 
old and is lives in the offender's foster family home
* Offender is in a position of authority or a position of special trust 
(defined in section 532.045), the victim is less than 18 years old, and 
the victim came into contact with the offender because of his or her 
position, or
* Offender is a jailer (or is associated with the Department of 
Corrections) and knows that the victim is incarcerated, supervised, 
evaluated, or treated by the Department of Corrections."



Objection #2:  400.3

Rationale:

400.3 involves removing a candidate due to platform deviation.  This is 
unconstitutional under Article VI Section 3.E.v which states "The 
Executive Committee may suggest changes to these items but shall not 
exercise a veto over the adoption of a particular strategy or particular 
literature."






-- 
Ken C. Moellman, Jr.