Convention '04

The Massachusetts Delegate Selection Plan

For the 2004 Democratic National Convention

Table on Contents

I. Introduction & Description of Delegate Selection Process.................................................................................... 3

A. Introduction........................................................................................................................................ 3

B. Description of Delegate Selection Process.............................................................................................. 3

II. Presidential Candidates..................................................................................................................................... 4

III. Selection of Delegates and Alternates................................................................................................................. 5

A. Selection of Delegates and Alternates..................................................................................................... 5

B. Unpledged Delegates............................................................................................................................ 9

C. Pledged Party Leader and Elected Official (PLEO) Delegates.................................................................. 11

D. At-Large Delegates and Alternates........................................................................................................ 13

E. Replacement of Delegates and Alternates.............................................................................................. 15

IV. Convention Standing Committee Members........................................................................................................ 17

A. Introduction...................................................................................................................................... 17

B. Temporary Standing Committee Members............................................................................................ 17

C. Permanent Standing Committee Members............................................................................................. 17

V. The Delegation.............................................................................................................................................. 20

VI. General Provisions and Procedural Guarantees.................................................................................................. 21

VII. Affirmative Action and Outreach Plan.............................................................................................................. 23

A. Statement of Purpose and Organization................................................................................................ 23

B. Efforts to Educate on the Delegate Selection Process............................................................................. 25

C. Efforts to Publicize the Delegate Selection Process................................................................................ 25

D. Representation Goals.......................................................................................................................... 26

E. Obligations of Presidential Candidates to Maximize Participation.............................................................. 27

VIII. Challenges..................................................................................................................................................... 28

A. Jurisdiction and Standing.................................................................................................................... 28

B. Challenges to the Status of the State Party and Challenges to the Plan...................................................... 28

C. Challenges to Implementation.............................................................................................................. 29

IX. Summary of Plan........................................................................................................................................... 30

A. Selection of Delegates and Alternates................................................................................................... 30

B. Selection of Standing Committee Members........................................................................................... 31

C. Selection of Delegation Chair and Convention Pages.............................................................................. 31

D. Presidential Candidate Filing Deadline................................................................................................... 31

E. Timetable.......................................................................................................................................... 31

Exhibits to the Affirmative Action Plan......................................................................................................................... 33

Exhibit A..................................................................................................................................................... 33

Exhibit B..................................................................................................................................................... 34

Exhibit C..................................................................................................................................................... 39................................................................................................................................................................................... ................................................................................................................................................................................... ...................................................................................................................................................................................

Attachments to the Delegate Selection Plan................................................................................................................... 40

Section 1

Introduction & Description of Delegate Selection Process

A. Introduction

1. Massachusetts has a total of 120 delegates and 16 alternates. (Call, I. & Appendix B.)

2. The delegate selection process is governed by the Charter and Bylaws of the Democratic Party of the United States, the Delegate Selection Rules for the 2004 Democratic National Convention (“Rules”), the Call for the 2004 Democratic National Convention (“Call”), the Regulations of the Rules and Bylaws Committee for the 2004 Democratic National Convention (“Regs.”), the rules of the Democratic Party of Massachusetts, the Massachusetts election code, and this Delegate Selection Plan. (Call, II.A.)

3. Following the adoption of this Delegate Selection Plan by the State Party Committee, it shall be submitted for review and approval by the DNC Rules and Bylaws Committee (“RBC”). The State Party Chair shall be empowered to make any technical revisions to this document as required by the RBC to correct any omissions and/or deficiencies as found by the RBC to ensure its full compliance with Party Rules. Such corrections shall be made by the State Party Chair and the Plan resubmitted to the RBC within 30 days of receipt of notice of the RBC’s findings. (Regs. 2.5, 2.6 & 2.7)

4. Once this Plan has been found in Compliance by the RBC, any amendment to the Plan by the State Party will be submitted to and approved by the RBC before it becomes effective. (Reg. 2.9)

B. Description of Delegate Selection Process

1. Massachusetts will use a proportional representation system based on the results of the primary for apportioning delegates to the 2004 Democratic National Convention.

2. The “first determining step” of Massachusetts’ delegate selection process will occur on March 2, 2004, with a Presidential Preference Primary.

3. Voter Participation in Process:

i. Participation in Massachusetts’ delegate selection process is open to all voters who wish to participate as Democrats. All persons must be registered Democrats on or before 8:00 PM, February 11, 2004 to participate in this process. All persons not registered to vote or registered but not enrolled in the Democratic Party must register and/or declare themselves in the Democratic Party by February 11, 2004. Any person who is a U.S. citizen; and a Massachusetts resident; and is 18 years old can register to vote. In Massachusetts you can register to vote, or join a Party if already registered, by mail or at any State or Municipal Office. Registration of Democrats shall be verified at each Congressional District caucus by means of the recent official registration lists or by presentation of certificates of party enrollment. Certificates can be picked up at the local town or city clerk’s office. (Rules 2.A. & 2.C. & Reg. 4.3.)

ii. At no stage of Massachusetts’ delegate selection process shall any person be required, directly or indirectly, to pay a cost or fee as a condition for participating. Voluntary contributions to the Party may be made, but under no circumstances shall a contribution be mandatory for participation. (Rule 2.D. & Reg. 4.4.)

iii. No persons shall participate or vote in the nominating process for the Democratic presidential candidate who also participates in the nominating process of any other party for the corresponding elections. (Rule 2.E.)

iv. No person shall vote in more than one meeting which is the first meeting in the delegate selection process. (Rule 3.E. & Reg. 4.6.)

Section II

Presidential Candidates

A. Ballot Access

A presidential candidate gains access to the Massachusetts presidential preference primary ballot by meeting the qualifications for President of the United States as set forth in the Constitution. A candidate for President must be 35 years old and a natural born citizen of the United States.

Candidates for President may run in the presidential primary which in 2004 is scheduled to be held on March 2, 2004. Voters vote for the candidate they wish to be their party’s candidate for president in the November presidential election.

There are three ways for the names of these presidential candidates to be placed on the presidential primary ballot.

1.Candidates may file nomination papers (nomination papers will be available on Tuesday, September 23, 2003) with sufficient certified signatures. Signatures of at least 2500 statewide voters must be submitted to local registrars by Friday, December 19, 2003. At least 2500 signatures must be certified for ballot placement by local registrars and then filed with the Secretary of the Commonwealth by Friday, January 2, 2004.

2.The Secretary may place candidates on the ballot who have been generally advocated or recognized in national news media. The Secretary uses an internal review of national press coverage for this determination. The Secretary’s determination to include a candidate is dispositive unless the candidate asks that his name be removed.

3.Additionally, if so requested by any individual, the State Chair, working in conjunction with the Secretary of State, will automatically place that individual on the ballot as a presidential candidate.

The presidential primary ballot also includes a “No Preference” choice and a write-in space for presidential preference. (Rules 10.B., 13.A., 13.B., 13.D., 13.E., & 13.H.)

B. Each presidential candidate shall certify in writing to the State Democratic Chair, the name of his or her authorized representative (s) by Monday, January 5, 2004. (Rule 11.D.(1))

C. Each presidential candidate (including uncommitted status) shall use his or her best efforts to ensure that his or her respective delegation within the state delegation achieves the affirmative action goals established by this Plan and is equally divided between men and women. (Rule 6.I.)

CALENDAR OF PRESIDENTIAL ELECTION DATES

September 23, 2003 Nomination papers available for presidential candidates.

December 26, 2003 5:00 PM Last day and hour for Registrars of Voters to complete certification of signatures on nomination papers for presidential candidates.

December 30, 2003 5:00 PM Last day and hour for presidential candidates to apply for review of non-certified signatures on nomination papers.

December 31, 2004 5:00 PM Last day and hour for Registrars of Voters to complete review of non-certified signatures on nomination papers for presidential candidates.

January 2, 2004 5:00 PM Last day and hour for presidential candidates to file nomination papers with the Secretary of the Commonwealth.

January 9, 2004 5:00 PM Last day and hour for presidential candidates to notify the Secretary of the Commonwealth to remove their names from presidential primary ballot.

February 11, 2004 8:00 PM Last day and hour to register to vote and/or change party enrollment for presidential primary.

Section III

Selection of Delegates and Alternates

A. District-Level Delegates and Alternates

1. Massachusetts is allocated 61 district-level delegates and 10 district-level alternates. (Rule 7.C., Call, I.B. & I.I.)

2. District-level delegate positions will be allocated to presidential preferences through a proportional representation system based on a primary as the first determining step on March 2, 2004. (Rule 10.A.,12.A&B.)

3. District-level delegates and alternates shall be elected by a post-primary caucus.

The district-level delegates and alternates shall be apportioned by a Presidential preference primary and elected at a post-primary caucus. March 2, 2004 is the presidential primary and the district caucuses will be held on Saturday, April 3, 2004.

4. Apportionment of District-Level Delegates and Alternates

a. Massachusetts district-level delegates and alternates are apportioned among the districts based on a formula giving equal weight to the vote for the Democratic candidates in the 2000 presidential and the most recent 2002 gubernatorial elections. (Rule 7.A., Regs. 4.11., 4.12. & Appendix A)

b. The state’s total number of district-level delegates will be equally divided between men and women. (Rule 6.C.(1) & Reg. 4.9.)

c. The district-level delegates and alternates are apportioned to districts as indicated in the following chart:

Districts	Delegates Male Female Total			Alternates Male Female Total
#1	3	3	6		1	1
#2	3	3	6	1		1
#3	3	3	6		1	1
#4	3	3	6	1		1
#5	3	3	6		1	1
#6	3	3	6	1		1
#7	3	3	6		1	1
#8	3	4	7	1		1
#9	3	3	6		1	1
#10	3	3	6	1		1
Total	30	31	61	5	5	10

1. District-Level Delegate and Alternate Filing Requirements

a. A district-level delegate and alternate candidate may run for election only within the district in which he or she is registered to vote. (Rule 11.H.)

b. All delegate and alternate candidates must be identified as to presidential preference of uncommitted status at all levels which determine presidential preference. (Rule 11.A.)

c. An individual can qualify as a candidate for district-level delegate or alternate to the 2004 Democratic National Convention by filing a statement of candidacy designating his or her presidential (or uncommitted) preference and a signed pledge of support for the presidential candidate (including uncommitted status) with the State Party by 5:00 PM Thursday, March 11, 2004. (Rules 11.B. & 13.F.)

d. All candidates considered for district-level alternate positions must meet the same requirements as candidates for district-level delegate positions except that the candidates who were not chosen at the delegate level may be considered at the alternate level. (Rule 11.C.)

6. Presidential Candidate Right of Review for District-Level Delegates and Alternates

a. The State Democratic Chair shall convey to the presidential candidate, or that candidate’s authorized representative(s), not later than 5:00 PM Tuesday, March 16, 2004, a list of all persons who have filed for delegate or alternate pledged to that presidential candidate. (Rules 11.D. & 11.F.)

b. Each presidential candidate, or that candidate’s authorized representative(s), must then file with the State Democratic Chair by 5:00 PM Tuesday, March 23, 2004, a list of all such candidates he or she has approved, provided that approval be given to at least three (3) times the number of candidates for delegate men and three (3) times the number of candidates for delegate women, and three (3) times the number of candidates for alternate men and three (3) times the number of alternate women to be selected. (Rule 11.E.(1), Reg. 4.24.)

c. Failure to respond will be deemed approval of all delegate and alternate candidates submitted to the presidential candidate unless the presidential candidate, or the authorized representative(s), signifies otherwise in writing to the State Democratic Chair not later than 5:00 PM Tuesday, March 23, 2004.

d. National convention delegate and alternate candidates removed from the list of bona fide supporters by a presidential candidate, or that candidate’s authorized representative(s), may not be elected as a delegate or alternate at that level pledged to that presidential candidate (including uncommitted status). (Rule 11.E. & Reg. 4.24.)

7. Fair Reflection of Presidential Preference

Presidential Primary Proportional Representation Plan (Rules 12.A., 12.B. & 12.D.)

The Massachusetts presidential primary election is a “binding” primary. Accordingly, delegate and alternate positions shall be allocated so as to fairly reflect the expressed presidential (or uncommitted) preference of the primary voters in each district. The National Convention delegates and alternates selected at the district level shall be allocated in proportion to the percentage of the primary vote won in that district by each preference, except that preferences falling below a 15% threshold shall not be awarded any delegates or alternates.

Within a district, if no presidential preference reaches a 15% threshold, the threshold shall be the percentage of the vote received in that district by the front-runner minus 10%. (Rule 12.F.)

The State Democratic Chair must receive the name of each candidate’s authorized representative no later than 5:00 PM, Monday, January 5, 2004. The State Democratic Chair shall convey to the presidential candidate, or that candidate’s authorized representative(s), not later than 5:00 PM, March 16, 2004, a list of all persons who have filed for delegate or alternate pledged to that presidential candidate. Each presidential candidate or that candidate’s authorized representative(s), must then file with the State Democratic Chair by 5:00 PM, March 23, 2004, a list of all such candidates he or she has approved, provided that approval be given to at least three (3) times the number of candidates for delegate and three (3) times the number of candidates for alternate to be selected. Failure to respond will be deemed approval of all delegate and alternate candidates submitted to the presidential candidate unless the presidential candidate, or the authorized representative(s), signifies otherwise in writing to the State Democratic Chair no later than 5:00 PM, March 23, 2004. (Rules 11.C. & D.)

The Chair of each Congressional District caucus, to be held on April 3, 2004, shall bring to the local caucus a copy of the most recent official registration of the Democrats in the district. Only registered Democrats as of February 11, 2004 as shown as said party registration list of persons registered subsequent thereto holding certificates of party enrollment shall be allowed to vote on any matter at the caucus or be elected a delegate or alternate. Every participant must sign, indicating name and voting residence, a pledge in good faith that he or she is a Democrat and a statement of support for the Presidential candidate in whose caucus he or she wishes to participate. No person may vote in more than one Congressional District caucus. All ballots shall be written and signed. There will be no absentee of proxy voting at any caucus for any reason. The chairperson will call the meeting to order at 1:00 PM. Registration shall remain open until 1:15 PM., at which time it shall be closed. Voting will begin as soon as all persons in line to register at 1:15 PM. Have done so, and all other agenda items have been completed. There will be only four items on the agenda. (Agenda items a, b and c should take no longer than one hour.) The Chair of the caucus may request to hold a caucus at a different time from the Chair of the Rules Sub-committee of the Massachusetts Democratic Party.

a. Discussion of the call for the 2004 National Convention with special emphasis upon responsibilities of the delegates and alternates who will attend.

b. Discussion of the Massachusetts Affirmative Action Plan.

c. Discussion of methods of financing the expenses of delegates to the convention.

d. Election of delegates and alternates.

A candidate for delegate or alternate at the Congressional District caucus must be present and give his or her written consent to nomination and said nomination must be seconded by two persons present at the caucus. Except that with a 2/3 vote of the caucus, a caucus may consider the nomination of a candidate who is not present, but otherwise has fulfilled the requirements of Section C. All ballots shall be written and signed. Separate ballots shall be utilized for male and female delegates and alternates. Election at Congressional District caucuses shall be held by a majority of those present and voting. If all delegate and alternate slots are not filled on the second ballot because fewer than the required number of candidates receives a majority on the second ballot, those candidates receiving less than 15% of the total vote on the second ballot will be dropped on the third ballot and subsequent ballots until a number of candidates equal to the number of delegates or alternates to be elected has received a majority vote, provided that on all ballots subsequent to the second ballot the number of candidates remaining shall be at least twice the number of positions remaining to be filled. Those who are elected by majority vote will not appear on subsequent ballots.

Each candidate will be allowed to make a two-minute speech and to distribute materials on his or her behalf. The provision allowing each candidate to make a two-minute speech may be waived or amended by a vote of 2/3 of those present and voting.

The Chair of the caucus shall fill out the form certifying the election of local delegates and alternates, together with demographic information, to which will be appended a listing of the voting on each ballot. The Chair shall preserve the ballots for 30 days and make them available to the Rules and Bylaws Committee upon request. (Rule 11.G.)

8. Equal Division of District-Level Delegates and Alternates

a. In order to ensure the district-level delegates are equally divided between men and women, delegate positions within each district will be designated by presidential preference beginning with the highest vote-getting presidential preference. This assignment of delegate positions, alternating by sex as mathematically practicable, will continue with the next highest vote-getting preferences in descending order until the gender of each position has been assigned. (Rule 6.C.(1) & Reg. 4.9.)

b. The Massachusetts delegation shall be equally divided between delegate men and delegate women and alternate men and alternate women. Such goals apply to the Massachusetts delegation as a whole. Delegates and alternates shall be considered separate groups for purposes of achieving equal division. Provisions for achieving equal division at the district level will be as follows: In Congressional Districts 1, 3, 5, 7 and 9, the female delegate and alternate candidates shall receive the first delegate and alternate positions and the male delegate and alternate candidates shall receive the first delegate and alternate positions in Congressional Districts 2, 4, 6, 8 and 10. Delegate and alternate positions after the first shall alternate between men and women in order of the numbers of votes received on their respective ballot for their candidate. (This process has been reversed since 2000 so that a different gender is picked first in each Congressional District.)

2. Unpledged Add-On Delegates

a. Massachusetts will select 2 unpledged add-on delegates. (Rule 8.B., Call, I.H. & Reg. 5.1.)

b. The procedures to be used in selecting the 2 unpledged add-on delegates will be as follows:

(1) Selection of the unpledged add-on delegates will occur at 1:00 PM on May 1, 2004 at a location to be announced, which is after the election of district delegates and alternates and prior to the selection of the pledged Party Leader and Elected Official delegates. This shall be a public meeting conducted in accordance with the Charter & bylaws of the Massachusetts Democratic Party. The unpledged add-on delegates will be selected by the State Party Committee using the following procedure: The State Chair will announce that nominations for unpledged add-on delegates are now open and that two (2) unpledged add-on delegates will be elected equally divided by gender. It will be announced that to comply with National Rules, two (2) candidates for each slot must be nominated and the State Chair will entertain nominations for two (2) males and for two (2) females. Upon achieving the requisite number of candidates the State Chair shall announce that nominations are closed. The State Chair will announce the two (2) male unpledged add-on delegate candidates and call for a vote. The vote will be taken by hand vote or by signed ballot. The State Chair will announce the two (2) female unpledged add-on delegate candidates and call for a vote. The vote shall be taken by hand vote or by signed ballot. (Rule 8.B.)

(2) These delegates will be selected by the State Committee, which is the same selecting body used to select the pledged Party Leader and Elected Official delegates. (Rule 8.B.(1))

(3) The equal division and affirmative action provisions of Rule 9.A. apply to the selection of these unpledged add-on delegates. (Rule 8.B.(2))

(4) Individuals are nominated for these positions from the floor of the State Committee meeting. (Reg. 4.15.)

(5) The list from which the selecting body chooses the unpledged add-on delegates shall contain at least two (2) names for every unpledged add-on position to be filled. (Rule 8.B.(3))

(6) Unpledged add-on delegate candidates may be selected whether or not they previously filed a statement of candidacy for a delegate position or submitted a pledge of support for a presidential candidate. (Rule 8.B.(5) & Reg. 4.15.)

c. Unpledged add-on delegates, selected pursuant to Rule 8.B., shall be certified in writing by the State Democratic Chair to the Secretary of the Democratic National Committee within three (3) days after the selection. (Call, IV.B.2.)

C. Pledged Party Leader and Elected Official (PLEO) Delegates

1. Massachusetts is allotted 12 pledged Party Leader and Elected Official (PLEO) delegates. (Call, I.C. & D.)

2. Pledged PLEO Delegate Filing Requirements

a. Individuals shall be eligible for the pledged Party Leader and Elected Official delegate positions according to the following priority: big city mayors and state-wide elected officials (to be given equal consideration); state legislative leaders, state legislators, and other state, county and local elected officials and party leaders. (Rule 8.C.(1) & Reg. 4.16.)

b. An individual can qualify as a candidate for a position as a pledged PLEO delegate by filing a statement of candidacy by 5:00 PM April 9, 2004 with the Democratic State Committee. Pledged PLEO delegate candidates must be identified as to presidential preference of uncommitted status. (Rules 8.C.(3), & 13.G., Reg. 4.17.)

3. Presidential Candidate Right of Review

a. The State Democratic Chair shall convey to the presidential candidate, or that candidate’s authorized representative(s), not later than 5:00 PM April 13, 2004 a list of all persons who have filed for a party and elected official delegate pledged to that presidential candidate. (Rules 8.C.(3) & 11.D.)

b. Each presidential candidate, or that candidate’s authorized representative(s), must file with the State Democratic Chair, by 5:00 PM April 16, 2004, a list of all such candidates he or she has approved, as long as approval is given to at least two (2) names for every position to which the presidential candidate is entitled. (Rule 11.E.(2) & Reg. 4.24.)

c. Failure to respond will be deemed approval of all delegate candidates submitted to the presidential candidate unless the presidential candidate or the authorized representative(s) signifies otherwise in writing to the State Democratic Chair not later than 5:00 PM April 16, 2004.

4. Selection of Pledged Party Leader and Elected Official Delegates

a. The pledged PLEO slots shall be allocated among presidential preferences on the same basis as the at-large delegates. (Rule 8.C.(2), 9.C., 12.E. & F.)

b. Selection of the pledged PLEO delegates will occur at 1:00 PM on May 1 , 2004 at a location to be determined which is after the election of district-level delegates and alternates and the unpledged add-on delegates and prior to the selection of at-large delegates and alternates. This shall be a public meeting conducted in accordance with the charter & bylaws of the Massachusetts Democratic Party. (Rule 8.C.) The pledged PLEO delegates will be selected by the State Party Committee using the following procedure: The State Chair will announce the results of the March 2^nd primary and indicate the number of PLEO delegates each presidential candidate is entitled to. The State Chair will announce the candidates pledged to each presidential candidate and call for a separate vote for each set of delegates. The vote shall be taken by hand vote or signed ballot.

An individual can qualify as a candidate for a position as a pledged party leader and elected official delegate by filing a petition, a statement of candidacy with the Democratic State Committee, 10 Granite Street, 4^th Floor, Quincy, MA. 02169, by 5:00 PM April 9, 2004.

These pledged Party Leader and Elected Official slots shall be allocated among presidential preference on the same basis as the at-large delegates.

Delegate candidates must be identified as to presidential or uncommitted status at the pledged party and elected official level. If persons eligible for pledged party and elected official delegate positions have not made known their presidential preference as candidates for district level or at-large delegate positions, their preference ascertained through a statement of candidacy stating presidential preference which needs to be filed with the Massachusetts Democratic State Committee no later than April 9, 2004.

The State Democratic Chair shall convey to the presidential candidate, or that candidate’s representative(s), not later than 5:00 PM April 13, 2004, a list of all persons who have filed for a party and elected official delegate pledged to that presidential candidate. Each presidential candidate or that candidate’s authorized representative(s), must then file with the State Democratic Chair, by 5:00 PM April 16, 2004, a list of all such candidates he or she has approved, as long as approval is given to at least two (2) names for every position to which the presidential candidate is entitled. Failure to respond will be deemed approval of all delegate candidates submitted to the presidential candidate unless the presidential candidate or the authorized representative(s) signifies otherwise in writing to the State Democratic Chair no later than 5:00 PM April 16, 2004.

c. These delegates will be selected by the State Party Committee, provided that:

(a) Membership on the State Party Committee is apportioned on the basis of population. (Rule 8.D.(1))

(b) Members of the State Party Committee have been elected through open processes in conformity with the basic procedural guarantees utilized for delegate selection. (Rule 8.D.(2))

(c) Such delegates are elected at a public meeting subsequent to the election of district-level delegates. (Rule 8.D.(3))

(d) Members of the State Party Committee shall have been elected no earlier than the date of the previous presidential election. The Massachusetts Democratic Party is re-organized within ten (10) days after the thirtieth day following the Presidential Primary. Members are either elected on the Presidential Primary Ballot, at Caucuses prior to the above mentioned meeting or at the above mentioned meeting. (Rule 8.D.(4))

(e) Membership of the State Party Committee complies with the equal division requirements of Article 9, Section 16 of the Charter of the Democratic Party of the United States. (Rule 8.D.(5))

(f) Membership of the Massachusetts State Party Committee complies with the 5 requirements in Rule 8.D. Members are all elected either on the March 2, 2004 Presidential primary ballot or after. Members are equally divided by gender and senate district. One man and one woman are elected on the primary ballot and one man and one woman are elected at a public senate district caucus. Additional members are elected gender balanced at the first meeting following the Presidential Primary, within ten (10) days after the thirtieth (30) day following the March 2, 2004 Primary. The election of delegates is scheduled for after the election of district level delegates. (Rule 8.D.(5))

d. Alternates are not selected at the pledged Party Leader and Elected Official level. These alternates are combined with the at-large alternates and selected as one unit. (Reg. 4.31.)

5. The State Democratic Chair shall certify in writing to the Secretary of the Democratic National Committee the election of the state’s pledged Party Leader and Elected Official delegates to the Democratic National Convention within three (3) days after their election. (Rule 7.D. & Call, IV.A.)

D. At-Large Delegates And Alternates

1. The state of Massachusetts is allotted 20 at-large delegates and 6 at-large alternates. (Rule 7.C., Call, I.B. & I.)

2. At-Large Delegate and Alternate Filing Requirements

a. Persons desiring to seek at-large delegate or alternate positions may file a statement of candidacy designating their presidential or uncommitted preference and a signed pledge of support for the presidential candidates (including uncommitted status) with the State Party by April 9, 2004. (Rules 11.B. & 13.G., Regs. 4.22. & 4.28.)

b. The statement of candidacy for at-large delegates and for at-large alternates will be the same. (Rule 17.A.) After the at-large delegates are elected by the Democratic State Committee, those persons not chosen will then be considered candidates for at-large alternate positions unless they specify otherwise when filing.

3. Presidential Candidate Right of Review

a. The State Democratic Chair shall convey to the presidential candidate, or that candidate’s authorized representative(s), not later than 5:00 PM April 13, 2004, a list of all persons who have filed for delegate or alternate pledged to that presidential candidate. (Rule 11.D.) (Reg. 4.23. & 4.28.)

(1) Any alternate who permanently replaces a delegate shall be certified in writing to the Secretary of the Democratic National Committee by the State Democratic Chair. (Rule 17.D.2.)

(2) Permanent replacement of a delegate (as specified above) by an alternate and replacement of a vacant alternate position shall be certified in writing by the State’s Democratic Chair to the Secretary of the Democratic National Committee within three (3) days after the replacement is selected. (Call, IV.C.1.)

(3) Certification of permanent replacements will be accepted by the Secretary up to 48 hours before the first official session of the Convention is scheduled to convene. (Call, IV.C.1. & Reg. 4.32.)

(4) In the case where a pledged delegate is permanently replaced after 48 hours before the time the first session is scheduled to convene or, in the case where a pledged delegate is not on the floor of the Convention Hall at the time a roll call vote is taken, an alternate may be designated (as specified above) to cast the delegate’s vote. In such case, the Delegation Chair shall indicate the name of the alternate casting the respective delegate’s vote on the delegation tally sheet (Call, VIII.F.3.d., VIII.F.3.b. & Reg. 5.4.)

e. A vacant alternate position shall be filled by the delegation. The replacement shall be of the same presidential preference (or uncommitted status), of the same sex and, to the extent possible, from the same political subdivision as the alternate being replaced. (Rule 17.F.)

2. Unpledged delegates shall not be entitled to a replacement, nor shall the state be entitled to a replacement, except under the following circumstances: (Rule 17.E. & Reg. 4.34.)

a. As applicable, Members of Congress and the Democratic Governor shall not be entitled to name a replacement. In the event of changes or vacancies in the state’s Congressional Delegation, following the official confirmation and prior to the commencement of the National Convention, the DNC Secretary shall recognize only such changes as have been officially recognized by the Democratic Caucus of the U.S. House of Representatives or the Democratic Conference of the U.S. Senate. In the event of a change or vacancy in the state’s office of Governor, the DNC shall recognize only such changes as have been officially recognized by the Democratic Governors’ Association. (Call, IV.C.2.a.)

b. Members of the Democratic National Committee and unpledged add-on delegates shall not be entitled to a replacement, nor shall the state be entitled to a replacement, except in the case of death of such delegates. In the case where the state’s DNC membership changes following the DNC Secretary’s official confirmation, but prior to the commencement of the 2004 Democratic National Convention, acknowledgment by the Secretary of the new DNC member certification shall constitute verification of the corresponding change of unpledged delegates. (Call, IV.C.2.b.)

c. If applicable, Unpledged distinguished Party Leader delegates allocated to the state pursuant to Rule 8.A.(5), shall not be entitled to name a replacement, nor shall the state be entitled to name a replacement. (Call, IV.C.2.c.)

d. In no case may an alternate cast a vote for an unpledged delegate. (Call, VIII.F.3.d.)

Section IV

Convention Standing Committee Members

c. All members of the delegation shall receive adequate notice of the time, date and place of the meeting to select the standing committee members. (Call, VII.B.1.)

2. Allocation of Members

a. The members of the standing committees allocated to Massachusetts shall proportionately represent the presidential preference of all candidates (including uncommitted status) receiving the threshold percentage used in the state’s delegation to calculate the at-large apportionment pursuant to Rule 12.E. of the Delegate Selection Rules. (Call, VII.C.1. & Reg. 5.7.)

b. The presidential preference of each candidate receiving the applicable percentage or more within the delegation shall be multiplied by the total number of standing committee positions allocated to Massachusetts. If the result of such multiplication does not equal 0.455 or above, the presidential preference in question is not entitled to representation on the standing committee. If the result of such multiplication is 0.455 but less then 1.455, the presidential preference is entitled to one (1) position. Those preferences securing more than 1.455 but less then 2.455 are entitled to two (2) positions, etc. (Call, VII.C.2.)

c. Where the application of this formula results in the total allocation exceeding the total number of committee positions, the presidential candidate whose original figure of representation is farthest from its eventual rounded-off total shall be denied that one (1) additional position. Where the application of this formula results in the total allocation falling short of the total number of committee positions, the presidential candidate whose original figure of representation is closest to the next rounding level shall be allotted an additional committee position. (Call, VII.C.3.)

d. Standing committee positions allocated to a presidential candidate shall be proportionately allocated, to the extent practicable, to each of the three standing committees. When such allocation results in an unequal distribution of standing committee positions by candidate preference, a drawing shall be conducted to distribute the additional positions. (Call, VII.C.4.)

3. Presidential Candidate Right of Review

a. Each presidential candidate, or that candidate’s authorized representative(s), shall be given adequate notice of the date, time and location of the meeting of the state’s delegation authorized to elect standing committee members. (Call, VII.D.1.)

b. Each presidential candidate, or that candidate’s authorized representative(s), must submit to the State Democratic Chair, by 5:00 PM, April 16, 2004, 10 Granite Street, Quincy, MA. 02169 a minimum of one (1) name for each slot awarded to that candidate for members of each committee. The delegation shall select the standing committee members submitted by the presidential candidates (including uncommitted status). Presidential candidates shall not be required to submit the name of more than one person for each slot awarded to such candidate for members of standing committees. (Call, VII.D.2.)

4. Selection Procedure to Achieve Equal Division

a. Presidential candidates (including uncommitted status) shall use their best efforts to ensure that their respective delegation of standing committee members shall achieve Massachusetts’ affirmative action goals and that their respective members are equally divided between men and women. (Rule 6.I. & Reg. 4.10.)

b. Each position on each standing committee shall be assigned by gender. For example, the first position on the Credentials Committee of the presidential candidate with the most standing committee positions shall be designated for a male, the second position for a female, and the remaining positions shall be designated in like fashion, alternating between males and females. Positions for presidential candidates on each committee shall be ranked according to the total number of standing positions allocated to each such candidate. After positions on the Credentials Committee are designated by sex, the designation shall continue with the Platform Committee, then the Rules Committee.

(1) A separate election shall be conducted for membership on each standing committee.

(2) The membership of the standing committees shall be as equally divided as possible under the state allocation; if the number is even, the membership shall be equally divided between men and women; if the number is odd, the variance between men and women may not exceed one (1), and the advantaged gender must not remain constant for the three standing committees. (Call, VII.E.1.)

(3) The positions allocated to each presidential candidate on each committee shall be voted on separately, and the winners shall be the highest vote-getter(s) of the appropriate sex.

5. Certification and Substitution

a. The State Democratic Chair shall certify the standing committee members in writing to the Secretary of the Democratic National Committee within three (3) days after their selection. (Call, VII.B.3.)

b. No substitutions will be permitted in the case of standing committee members, except in the case of resignation or death. Substitutions must be made in accordance with the rules and the election procedures specified in this section, and must be certified in writing to the Secretary of the Democratic National Committee within three (3) days after the substitute member is selected. (Call, VII.B.4.)

Section V

The Delegation

A. Massachusetts will select one (1) person to serve as Delegation Chair and 3 persons to serve as Convention Pages. (Call, IV.D., E.1. & Appendix C.)

B. Delegation Chair

1. Selection Meeting

a. The Delegation Chair shall be selected by a quorum of the state’s National Convention Delegates, at a meeting to be held on May 1, 2004. A quorum shall consist of a majority of the state’s delegates to the National Convention. (Call, IV.D.)

b. All members of the delegation shall receive timely notice of the time, date and place of the meeting to select the Delegation Chair. (Rule 3.C.)

2. The State Democratic Chair shall certify the Delegation Chair in writing to the Secretary of the Democratic National Committee within three (3) days after his or her selection. (Call, IV.D.)

C. Convention Pages

1. Three (3) individuals will be selected to serve as Massachusetts’ Convention Pages by the State Democratic Chair in consultation with the members of the Democratic National Committee from the state. This selection will take place on May 1, 2004. (Call, IV.E.3. & Reg. 5.5.)

2. The Convention Pages shall be as evenly divided between men and women as possible under the state allocation and shall reflect as much as possible, the Affirmative Action guidelines in the Affirmative Action Plan. (Reg. 5.5.A.)

3. The State Democratic Chair shall certify the individuals to serve as Massachusetts’ Convention Pages in writing to the Secretary of the Democratic National Committee within three (3) days after the selection. (Call, IV.E.3. & Reg. 5.5.B.)

Section VI

General Provisions and Procedural Guarantees

A. The Massachusetts Democratic Party reaffirms its commitment to an open party by incorporating the “six basic elements” as listed below. These provisions demonstrate the intention of the Democratic Party to ensure a full opportunity for all minority group members to participate in the delegate selection process. (Rules 4.A. & C.)

1. All public meetings at all levels of the Democratic Party in Massachusetts should be open to all members of the Democratic Party regardless of race, sex, age, color, creed, national origin, religion, ethnic identity, sexual orientation, economic status or physical disability (hereinafter collectively referred to as “status”). (Rule 4.B.(1))

2. No test for membership in, nor any oaths of loyalty to the Democratic Party in Massachusetts should be required or used which has the effect of requiring prospective or current members of the Democratic Party to acquiesce in, condone or support discrimination based on “status”. (Rule 4.B.(2))

3. The time and place for all public meetings of the Democratic Party in Massachusetts on all levels should be publicized fully and in such manner as to assure timely notice to all interested persons. Such meetings must be held in places accessible to all Party members and large enough to accommodate all interested persons. (Rule 4.B.(3))

4. The Democratic Party in Massachusetts, on all levels, should support the broadest possible registration without discrimination based on “status”. (Rule 4.B.(4))

5. The Democratic Party in Massachusetts should publicize fully and in such a manner as to assure notice to all interested parties a full description of the legal and practical procedures for selection of Democratic Party officers and representatives on all levels. Publication of these procedures should be done in such fashion that all prospective and current members of each State Democratic Party will be fully and adequately informed of the pertinent procedures in time to participate in each selection procedure at all levels of the Democratic Party organization. (Rule 4.B.(5))

6. The Democratic Party in Massachusetts should publicize fully and in such a manner as to assure notice to all interested parties, a complete description of the legal and practical qualifications of all positions as officers and representatives of the State Democratic Party. Such publication should be done in timely fashion so that all prospective candidates or applicants for any elected of appointed position within each State Democratic Party will have full and adequate opportunity to compete for office. (Rule 4.B.(6))

M. In electing and certifying delegates and alternates to the 2004 Democratic National Convention, Massachusetts thereby undertakes to assure all Democratic voters in the state full, timely and equal opportunity to participate in the delegate selection process and in all Party affairs and to implement affirmative action programs toward that end, and that the delegates and alternates to the Convention shall be selected in accordance with the Delegate Selection Rules for the 2004 Democratic National Convention, and that the voters in the state will have the opportunity to cast their election ballots for the Presidential and Vice Presidential nominees selected by said Convention, and for electors pledged formally and in good conscience to the election of these Presidential and Vice Presidential nominees, under the label and designation of the Democratic Party of the United States, and that the delegates certified will not publicly support or campaign for any candidate for President or Vice President other than the nominees for the Democratic National Convention. (Call, II.B.)

Section VII

Affirmative Action and Outreach Plan

A. Statement of Purpose and Organization

1. Purpose and Objectives

a. In order that the Democratic Party at all levels be an open Party which includes rather than excludes people from participation, a program of effective affirmative action is hereby adopted by Massachusetts. (Rule 5.A.)

b. Discrimination on the basis of “status” in the conduct of Democratic Party affairs is prohibited. (Rule 5.B.)

c. All public meetings at all levels of the Democratic Party in Massachusetts should be open to all members of the Democratic Party regardless of race, sex, age, color, creed, national origin, religion, ethnic identity, sexual orientation, economic status or physical disability (hereinafter collectively referred to as “status”). (Rule 4.B.(1))

d. In order to continue the Democratic Party’s ongoing efforts to include groups historically under-represented in the Democratic Party’s affairs, by virtue of race/ethnicity, age, sexual orientation, or disability, Massachusetts has developed Party outreach programs. Such programs include recruitment, education and training, in order to achieve full participation by such groups and diversity in the delegate selection process and at all levels of Party affairs for 2004. (Rule 5.C & Reg. 4.7.) The Programs will be administered by three sub-committees of the Affirmative Action Committee:

§ Fundraising: Raising funds to implement the committee’s goals.

§ Education: Developing materials for outreach and workshops. Arranging and conducting workshops or attending meetings to educate on process. (Workshops to be conducted in each of the delegate districts beginning in September 2003). Making sure that the information on the delegate selection process is available to Democratic clubs and Party caucuses representing targeted constituencies.

§ Publicity: Planning for outreach to non-targeted and targeted media. Developing press kits. Working with the Party to publicize the process. Developing a speaker’s bureau.

§ The Affirmative Action and Outreach Committee will meet with all United States Congressman or their representatives in each district to make sure they will help support the work of the Affirmative Action and Outreach Committee in meeting their affirmative action goals in the Congressional Districts and state-wide.

e. In order to encourage full participation by all Democrats in the delegate selection process and in all Party affairs, the Massachusetts Democratic Party has adopted and will implement affirmative action programs with specific goals and timetables for African Americans, Hispanics, Native Americans, Asian/Pacific Americans, women, disabled, and Lesbian/Gay/Bisexual/Transgender. (Rule 6.A.)

(1) The goal of the affirmative action programs shall be to encourage participation in the delegate selection process and in Party organizations at all levels by the aforementioned groups as indicated by their presence in the Democratic electorate. (Rule 6.A.(1))

(2) This goal shall not be accomplished either directly or indirectly by the Party’s imposition of mandatory quotas at any level of the delegate selection process or in any other Party affairs. (Rule 6.A.(2))

2. Organizational Structure

a. An Affirmative Action Committee shall be appointed by the State Democratic Chair on February 25, 2003 and announced at the Democratic State Committee meeting March 4, 2003. (Rule 6.F.)

b. The Committee shall consist of members from each delegate district representing the Democratic constituency groups set forth in the Introduction to the Affirmative Action Plan. [Exhibit #1]

c. The Affirmative Action Committee shall be responsible for:

(1) Reviewing the proposed Delegate Selection and Affirmative Action Plans and making recommendations to the State Democratic Chair.

(2) Directing the implementation of all requirements of the Affirmative Action section of this Plan.

(3) Implementing a financial assistance program for delegates and alternates. (Rule 6.G.)

o Encourage the participation and representation of persons of low and moderate income.

o Advise prospective delegates and alternates in a timely manner of the role and mandate of this Affirmative Action Committee.

o Receive requests for financial assistance from delegates and alternates otherwise unable to participate in the National Convention.

o Prepare specific information for all delegates and alternates as to how and where to seek financial assistance to defray expenses to the Convention. This information may include lists of groups or organizations willing to help and fund-raising ideas.

o Assist in, whenever possible, planning and conducting the fund-raising events or solicitations necessary to supplement other efforts.

(4) Ensuring, on behalf of the State Party Committee, that district lines used in the delegate selection process are not gerrymandered to discriminate against African Americans, Hispanics, Native Americans, Asian/Pacific Americans and women. (Rule 6.E.)

d. Financial and staff support for the Affirmative Action Committee shall be provided by the State Party Committee to the greatest extent feasible, including, but not limited to, making available on a priority basis, the State Party staff and volunteers and covering all reasonable costs incurred in carrying out this Plan.

3. Implementation of the Affirmative Action Plan shall begin on September 8, 2003, with the distribution of the press kits, and will continue through the end of the delegate selection process. (Rule 1.F.)

B. Efforts to Educate on the Delegate Selection Process

1. Well publicized educational workshops will be conducted in each of the delegate districts beginning in September 2003. These workshops will be designed to encourage participation in the delegate selection process, including apprising potential delegate candidates of the availability of financial assistance. These workshops will be held in places which are easily accessible to persons with physical disabilities, and with a commitment to broad representation of the community at large. (Sec.A.e.) The times, dates, places and rules for the conduct of all education workshops, meetings and other events involved in the delegate selection process shall be effectively publicized by the party organization and include mailings to various organizations representative of the Democratic voting populace. (Rules 3.A. & 3.C.)

2. A speaker’s bureau of volunteers from the Affirmative Action Committee comprised of individuals, who are fully familiar with the process, will be organized to appear before groups as needed, to provide information concerning the process.

3. The State Party’s education efforts will include outreach to community leaders within the Democratic Party’s constituencies and making sure that information about the delegate selection process is available to Democratic clubs and Party caucuses representing specific constituencies.

4. The State Party will publish and make available at no cost: a clear and concise explanation of how Democratic voters can participate in the delegate selection process; an explanation of how, where and when persons can register to vote; and delegate district maps. As well, the State Party shall also make available copies of the State Party Rules, the Delegate Selection Plan (and its attachments), the Affirmative Action Plan, and relevant state statutes at no cost. Copies of documents related to the state’s delegate selection process will be prepared and the Affirmative Action Committee will distribute them in the various delegate districts not later than September 16, 2003. (Rule 1.H.)

5. The State Party shall take all feasible steps to encourage persons to register and to vote as Democrats and will seek to ensure simple and easy registration procedures. (Rule 2.C.)

C. Efforts to Publicize the Delegate Selection Process

1. Special attention shall be directed at publicizing the delegate selection process in the state. Such publicity shall include information on eligibility to vote and how to become a candidate for delegate, the time and location of each stage of the delegate selection process and where to get additional information. The foregoing information will also be published in the State Party newspaper. The Party organization, official, candidate, or member calling a meeting or scheduling an event, shall effectively publicize the role that such meeting or event plays in the selection of delegates and alternates to the Democratic National Convention. (Rules 3.C. and 3.D.)

2. Newspapers, radio, television and internet will be utilized to inform the general public how, when and where to participate in the delegate selection process. Specifically, this information should provide details as to how to qualify to run as a delegate candidate. Special effort shall be directed to the major daily newspapers, radio, television stations and websites by the State Democratic Chair, Affirmative Action Committee members and staff. Regular releases during the delegate selection process to all other media sources, weekly newspapers, and wire services should complete timely coverage. [Exhibit #2] (Rules 4.B.(3) & 6.D.)

3. A priority effort shall be directed at publicity among the Democratic Party’s constituencies.

a. Information about the delegate selection process will be provided to minority newspapers and radio stations, ethnic press, Native American, Asian/Pacific American, Spanish-speaking and other non-English press, radio stations and publications, and women’s organizations, student newspapers, gay and lesbian press, disability press, and any other specialty media in the state that is likely to reach the Democratic constituency groups set forth in the Introduction of this Affirmative Action Plan.

b. The State Party shall be responsible for the implementation of this publicity effort. For purposes of providing adequate notice of the delegate selection process, the times, dates, places and rules for the conduct of District Caucuses and State Party Meetings shall be effectively publicized, bilingually where necessary, to encourage the participation of minority groups. (Rules 5.C. & 6.D.)

4. Not later than September 16, 2003, a press kit shall be made and provided to each daily and weekly newspaper as well as to the electronic media. The press kit will include:

a. a summary of all pertinent rules related to the state’s delegate selection process;

b. a map of delegate districts and how many delegates will be elected within each district;

c. a summary explaining the operation and importance of the 2004 Convention; and

d. materials designed to encourage participation by prospective delegate candidates.

D. Representation Goals

1. The State Party has determined the demographic composition of African Americans, Hispanics, Native Americans, and Asian/Pacific Americans in the state’s Democratic electorate. These constituency percentages shall be established as goals for representation in the state’s convention delegation. (Rule 6.A.)

	African Americans	Hispanics	Native Americans	Asian/Pacific Americans	Gay/Lesbian/Bisexual/Transgender
% in Massachusetts Population	5.4	6.8	0.2	3.8	6.8
Numeric Goals for Delegation	6	8	0	5	8

African Americans

Hispanics

Native Americans

Asian/Pacific Americans

Gay/Lesbian/Bisexual/Transgender

% in Massachusetts Population

5.4

6.8

0.2

3.8

6.8

Numeric Goals for Delegation

2. When selecting the at-large portion of the delegation, the demographic composition of the other delegates (district-level, pledged PLEO, and unpledged) shall be compared with the State Party’s goals in order to achieve an at-large selection process which helps to bring about a representative balance.

§ In the selection process of the at-large delegates priority of consideration will be given to, African Americans, Hispanics, Native Americans, Asian/Pacific Americans, women and to other historically under-represented groups by virtue of race/ethnicity, age, sexual orientation or disability. (Rules 5.C., 6.A.(3), & 9A & Regs. 4.6 & 4.7)

3. Use of the at-large delegation to achieve the affirmative action goals established by this Plan does not obviate the need for the State Party to conduct outreach activities such as recruitment, education and training. (Rule 6.A.(3))

E. Obligations of Presidential Candidates to Maximize Participation

1. Presidential candidates shall assist the Massachusetts Democratic Party in meeting the demographic representation goals reflected in the Affirmative Action Plan (Rule 6.H.)

2. Each presidential candidate must submit a written statement to the State Democratic Chair by October 1, 2003 which indicates the specific steps he or she will take to encourage full participation in Massachusetts’ delegate selection process, including, but not limited to, procedures by which persons may file as candidates for delegate or alternate. (Rule 6.H.(1))

3. Each presidential candidate must submit demographic information with respect to all candidates for delegate and alternate pledged to them. Such information shall be submitted in conjunction with the list of names approved for consideration as delegate and alternate candidates pledged to the presidential candidate. (Rule 6.H.(2))

4. Presidential candidates (including uncommitted status) shall use their best effort to ensure that their respective delegations within the state’s delegate, alternate and standing committee delegations shall achieve the affirmative action goals reflected in the Affirmative Action Plan and that the respective delegations of each presidential candidate shall be equally divided between men and women. Furthermore, presidential candidates shall use their best efforts at the district level to approve delegate and alternate candidates who meet applicable equal division and affirmative action considerations in order to achieve the affirmative action goals and equal division for their respective delegations. (Rule 6.I. & Reg. 4.10.)

Section VIII

Challenges

A. Jurisdiction & Standing

1. Challenges related to the delegate selection process are governed by the Regulations of the DNC Rules and Bylaws Committee for the 2004 Democratic National Convention (Regs., Sec. 3.), and the Rules of Procedure of the Credentials Committee of the 2004 Democratic National Convention. (Call, Appendix A.)

2. Under Rule 19.B. of the 2004 Delegate Selection Rules, the DNC Rules and Bylaws Committee has jurisdiction over challenges pertaining to the submission, non-implementation and violation of state Delegate Selection and Affirmative Action Plans. (Rule 19.B.)

3. The Rules and Bylaws Committee has jurisdiction to hear and decide any challenge provided it is initiated before the 56th day preceding the date of the commencement of the 2004 Democratic National Convention. (Call, Appendix A. & Reg., 3.1.)

4. Challenges to the credentials of delegates and alternates to the 2004 Democratic National Convention initiated on or after the 56th day preceding the date of commencement of the Democratic National Convention shall be processed in accordance with the Rules of Procedure of the Credentials Committee of the 2004 Democratic National Convention. (Call, Appendix A)

5. Any challenge to the credentials of a standing committee member shall be considered and resolved by the affected standing committee in accordance with Appendix A of the Call for the 2004 Democratic National Convention. The Rules and Bylaws Committee shall have jurisdiction over challenges brought before the 56th day preceding the date of the commencement of the Democratic National Convention. (Call, VII.B.5.)

6. Copies of the Regulations of the Rules and Bylaws Committee and/or the Call for the 2004 Democratic National Convention, including the Rules of Procedure of the Credentials Committee (Appendix A), shall be made available by the State Party upon reasonable request.

7. Any group of fifteen Democrats with standing to challenge as defined in Reg. 3.2 or the Call (Appendix A, Sec. 2:A.), may bring a challenge to this Plan or to the implementation of this Plan, including its Affirmative Action provisions.

B. Challenges to the Status of the State Party and Challenges to the Plan

1. A challenge to the status of the State Party Committee as the body entitled to sponsor a delegation from that state shall be filed with the Rules and Bylaws Committee not later than thirty (30) calendar days prior to the initiation of the state’s delegate selection process. (Rule 19.A. & Reg. 3.4.A.)

2. A challenge to the state’s Delegate Selection Plan shall be filed with the Chair of the Massachusetts Democratic Party and the Co-Chairs of the Rules and Bylaws Committee within fifteen (15) calendar days after the adoption of the Plan by the State Party. (Reg. 3.4.B.)

3. A challenge to a Plan must be brought in conformity with the Rules and the Regs., which should be consulted for a detailed explanation of challenge procedures.

C. Challenges to Implementation

1. A challenge may be brought alleging that a specific requirement of an approved Plan has not been properly implemented. Jurisdiction over all challenges initiated in a timely fashion shall reside with either the Rules and Bylaws Committee or the Credentials Committee of the National Convention (See Section VII.A. above). However, the Rules and Bylaws Committee may provide advice, assistance or interpretations of the Delegate Selection Rules at any stage of the delegate selection process. (Reg. 3.1.C.)

2. An implementation challenge brought before the Rules and Bylaws Committee is initiated by filing a written challenge with the State Party Committee and with the Rules and Bylaws Committee not later then fifteen (15) days after the alleged violation occurred. The State Party has twenty-one (21) days to render a decision. Within ten (10) days of the decision, any party to the challenge may appeal it to the Rules and Bylaws Committee. If in fact, the State Party renders no decision, any party to the challenge may request the Rules and Bylaws Committee to process it. The request must be made within ten (10) days after expiration of the above twenty-one (21) day period. (Regs. 3.4.C., E., & H.)

3. Performance under an approved Affirmative Action Plan and composition of the convention delegation shall be considered relevant evidence in the challenge to any state delegation. If a State Party has adopted and implemented an approved affirmative action program, the State Party shall not be subject to challenge based solely on delegation composition or primary results. (Rule 6.B.) The procedures are the same for challenges alleging failure to properly implement the Affirmative Action section of a Plan, except that such challenges must be filed not later than thirty (30) days prior to the initiation of the state’s delegate selection process. (Reg. 3.4.C.)

4. Depending on the appropriate jurisdiction (see Section VIII.A. above), implementation challenges must be brought in conformity with the Regulations of the Rules and Bylaws Committee or the Rules of Procedure of the Credentials Committee, which should be consulted for a detailed explanation of challenge procedures.

Section IX

Summary of Plan

A. Selection of Delegates and Alternates

Massachusetts will use a proportional representation system based on the results of the primary for apportioning its delegates to the 2004 Democratic National Convention.

The “first determining step” of Massachusetts’ delegate selection process will occur on March 2, 2004 with a Presidential Preference Primary.

Delegates and alternates will be selected as summarized on the following chart:

Type	Delegates	Alternates	Date of Selection	Selecting Body
District-Level Delegates and Alternates	61	10	April 3, 2004	Congressional District Caucuses
A candidate for district level delegate or an alternate must file a statement of candidacy and a pledge of support by the specified deadline with the Democratic State Committee by filing deadline. File on March 11, 2004 by 5:00 PM
Unpledged Party Leader and Elected Official Delegates	25	n/a	n/a	Automatic by virtue of respective public or Party office as provided in Rule 8.A. of the 2004 Delegate Selection Rules.
Unpledged Add-on Delegates	2	n/a	May 1, 2004	Selecting Body: Democratic State Committee
File on May 1, 2004
Pledged Party Leaders and Elected Officials (PLEOs)	12

Type

Delegates

Alternates

Date of Selection

Selecting Body

Filing Requirements and Deadlines

District-Level Delegates and Alternates

April 3, 2004

Congressional District Caucuses

A candidate for district level delegate or an alternate must file a statement of candidacy and a pledge of support by the specified deadline with the Democratic State Committee by filing deadline.

File on March 11, 2004 by 5:00 PM

Unpledged Party Leader and Elected Official Delegates

n/a

Automatic by virtue of respective public or Party office as provided in Rule 8.A. of the 2004 Delegate Selection Rules.

Unpledged Add-on

Delegates

n/a

May 1, 2004

Selecting Body: Democratic State Committee

File on May 1, 2004

Pledged Party Leaders and Elected Officials (PLEOs)

Delegates

Male Female Total

File on March 11, 2004 by 5:00 PM

May 1, 2004

File on May 1, 2004