ReallyRight

CRA Board Loses in Court

Update

My initial comments on this matter were based on this release from Restore the CRA.

Moments ago in a Sacramento courtroom, the judge granted a Temporary Restraining Order against Celeste Grieg, George and Aaron Park, Tom Hudson, Craig Alexander and their assorted minions prohibiting them from using the “policy” passed by the Board at the end of March that purported to restrict delegates to the geographic boundary of their unit club in clear and obvious violation of the current CRA Bylaws.

The Judge made clear that “this temporary restraining order which preserves the existing CRA Bylaws” will be in effect this weekend for the CRA Convention. All CRA Convention delegates qualified on March 26 by submission of the delegate lists should attend the Convention, register and vote.

President Celeste Greig, the Park brothers, Tom Hudson, Craig Alexander and the CRA mechanisms they control are now enjoined by the Court from interfering, directly or indirectly, with your right to vote.

PLEASE LET RESTORE THE CRA KNOW if any of them attempt to further interfere with your rights to attend under the current Bylaws and vote your conscience.
 
Units are NOT required to send George Park, Joe Sturges or anyone else their Bylaws or any other information not specifically required by the current CRA Bylaws. The Membership Secretary has performed the actions need to certify delegates on all lists sent to her. This essentially means that units and delegates should do what they have done in prior conventions which has been accepted as proper practice. All delegates need to plan on attending convention and exercise their right to vote.

Violation of this Court Order will mean that perpetrators are in contempt of court and subject to both civil and criminal penalties. Lawyers in contempt may additionally have action taken against their license to practice law by the California Bar Association.

Congratulations to Karen England, CRA VP Scott Voigts, Tom Rogers and the Mid-Empire RA for their courageous leadership on behalf of honest grassroots leaders and upholding the institution of CRA and the rule of law!

While the judge did issue a temporary restraining order, it only nullified the CRA Board vote not to seat otherwise qualified candidates who lived outside the boundaries of their local chapter. Contrary to the claim in the release above, nothing was said about the Membership Secretary having the final say on who was a delegate.

Here is the heart of the judge’s decision:

The few cases identified by defendant CRA of irregularity in the RA delegate selection process can be appropriately dealt with by the CRA Credentials Committee without the wholesale deprivation of voting rights by delegates selected to respresent their RA pursuant to the existing bylaws.

Order to Show Cause and Temporary Restraining Order
IT IS ORDERED that defendant California Republican Assembly (CRA) appear on April 28, 2011, which is 15 days from April 13, 2011, when the TRO issues, [See CCP 527(d)(1]). at 2 p.m. in Department 53 of this Court, located at 800 Ninth Street, Sacramento, California, or as soon thereafter as the matter may be heard, to show cause why a preliminary injunction should not be ordered, preliminarily restraining and enjoining defendants, their agents, or any other persons acting with them or on their behalf, from taking any action directly or indirectly to disqualify and refuse to seat, pursuant to the policy approved by the CRA Board of Directors between March 29 and 31, 2011, otherwise qualified delegates that have already been selected and presented to CRA for the CRA Annual Convention.

Defendant’s response, if any, is to be filed by April 20, 2011. Plaintiffs’ reply, if any, is to be filed by April 25, 2011.

IT IS FURTHER ORDERED that, pending the hearing and determination of the order to show cause, defendant CRA and its officers, employees, agents and any other persons acting with them or on their behalf, are restrained and enjoined from taking any action directly or indirectly to disqualify and refuse to seat, pursuant to the policy approved by the CRA Board of Directors between March 29 and 31, 2011, otherwise qualified delegates that have already been selected and presented to CRA for the CRA Annual Convention on April 15-17, 2011.

No bond is required for this temporary restraining order which preserves the existing CRA Bylaws. The subject of an appropriate bond, if any, shall be taken up at the hearing on the preliminary injunction.

Contract with the CRA released to following statement two hours after the judge slapped them down.

Karen England put all of her eggs in one basket and the Sacramento County Superior Court just stomped on it!

After hearing evidence of massive voter fraud, specifically including the misrepresentation by Karen England and her campaign, a Sacramento judge said that the CRA Credentials Committee could deal with such irregularities according to the CRA Bylaws.

The Judge ordered CRA not to implement the Board policy from March 29, which stated that delegates must reside inside the boundaries of their local units. 

The Judge’s order specifically says, “The few cases identified by defendant CRA of irregularity in the RA delegate selection process can be appropriately dealt with by the CRA Credentials Committee without the wholesale deprivation of voting rights by delegates selected to represent [sic] their RA pursuant to the existing bylaws.” 

We agree with the Judge, this means that the application of many CRA bylaw provisions will result in several people being denied credentials to serve as delegates to this convention. 

The CRA By-Laws will be strictly enforced.

In plain English this means that if a delegate can’t produce a letter of transfer that was send to the Membership Secretary and both the presidents of the old and new clubs then they will not be seated.

Section 4.06. Assignment to a Chartered Republican Assembly. Members will be assigned to the chartered Republican Assembly listed on their membership forms. Where no preference is listed, the membership Secretary may assign a new member to any chartered Republican Assembly where the member lives, works, or attends school. At any time, CRA members may transfer membership to any chartered Republican Assembly they are eligible to join by notifying the Membership Secretary and the President or Secretary of both the new Republican Assembly and the old Republican Assembly (if any). No person may be a member of more than one chartered Republican Assembly at the same time.

I wonder if the gang at Restore the CRA is willing to go for another TRO once this process starts whittling away their delegates.

 

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