Summary of CMV – SB54

On Saturday, September 27, 2016, the Utah State Central Committee is meeting.  A discussion regarding the ongoing legal challenge to defend a constitutional-representative form of elections versus the legislature’s unconstitutional interference with the First Amendment rights of a private corporation to assemble, establish its rules and set membership qualifications  is scheduled.  This summary is intended especially for its new members and those that have not been involved in the research and deliberations among Party leadership since 2013.

Original legal brief from DC Lobbyists Caplin and Drysdale, a DC firm that represented the Democratic National Committee and established Stephen Colbert’s SuperPAC for the purpose of mocking Republican candidates including Mitt Romney.   Caplin & Drysdale is part of a national movement called “Count My Vote” to eliminate caucuses in all 50 states and to move this nation further away from the framer’s original intent to keep the power separated and guarded against consolidation.

This document outlining the supposed unconstitutionality of a caucus was emailed to members of the SCC the afternoon before its quarterly meeting and only a handful of members had been able to review it before the meeting.  I was among them and I stood and spoke specifically to my findings.

I did some research on the authors of this document and learned their roles in the lobbyist firm found in this document.

This brief also clearly outlines what the legislature then put into a bill, SB 54 and, with the governor’s signature, was adopted into law.

It is a conflict of interest to give the decision-making power to the very people that will benefit from weakening and eventually destroying the caucus, the incumbent, the candidate with the name ID and access to lobbyist money.

I then researched the CMV donor records and took a screen shot of initial donors.  They represent Utah’s best and brightest and most successful (and respectable) “Establishment.” Typically they are doing a favor for a friend (e.g.  “I’ll give to your cause if you’ll give to mine.”) without really understanding what’s at stake.

One donor includes the husband of the newly elected national committeewoman.  Her brother was also elected.  Throughout his tenure, he presented the case urging the SCC to be conciliatory and to react to the demands of CMV.  The Party voted to support a lawsuit, and now we have elected by acclamation two people that have actively opposed this position.

Layne Beck, an SCC member from Cache County, secured an attorney, Christ Troupis (yes, that’s the correct spelling, pronounced Chris with a t.) and my PAC, American Leadership Fund, paid for his travel expenses to deliver a speech to the SCC about the constitutional case for keeping the caucus. He received a standing ovation to a cheering crowd.

A core group of SCC members, of which I have been a part, vigilantly researched and led the movement to stand for the constitutional principles that are being eroded on every front, every policy and every issue.  Fred Cox researched the statistics surrounding the threshold levels and discovered that the 60% threshold was the balance that sent equal candidates to a Primary and a nomination at the convention.

When Enid Mickelson made a push for a higher threshold, I created this flyer to make the point of “fairness.”

Slide1

After we won, the SB 54 challenge began and the law passed.  Funds were raised for its defense.  Many long and hard hours were devoted to the preservation of the constitutional caucus and hard-earned funds from each of the counties.  One of our recently deceased party workers, Rick Votaw, was extremely generous personally.

We served on committees to improve the caucus and we continued to combat the very media outlets that benefit from a Primary and the large media buys necessary to win those elections.

The legislative sponsors insisted that SB 54 was a “compromise” but we knew, and it can be verified by reviewing the original Caplin-Drysdale document, that SB 54 and CMV delivered the same outcome.  I produced this flyer that was distributed in several counties and to the delegate email list.  This flyer includes some of the subject headings of blog posts I researched and distributed to SCC members and delegates over the course of this long process:

SB54=CMV

 

The State Central Committee now faces some important decisions.

  1. Does the Utah Republican Party continue to preserve the constitutional process or does it relinquish its right to determine its membership as a private corporation?  Will Utah go the way of other states, such as Virginia, that have weakened the caucus to the degree that the political parties are mere “endorsement” bodies and lack any real strength?  As such, those states have lost the edge and the majorities have moved to the Democrats.
  2. Does the party demand that legal counsel’s E&O insurance cover the legal expenses that the party would have been awarded had the deadlines been met as restitution for what the judge determined was worth denying the legal fees?
  3. Where do each of the SCC members and the national committee man and woman and executive committee members stand on preserving the caucus?  We need to know.  It is appropriate that we ask some serious questions:  What happened with the national committeeman and woman elections?  I understand that the previous committee people told the state party chairman that they were running again.  Then within minutes of the filing deadline, he received a phone call from them saying they would not be running again, and then within minutes of that call, he received a call that two others had filed.  I supported both of these people when they ran for office.  But we need to know why this happened.  We also need to know whether they support CMV.  They are brother and sister and the record shows that the sister’s husband gave $25,000 in opposition to the Party.
  4. Finally, in this contentious election season, it is critically important for those who serve in elected Republican positions from Chairman, Executive Committee and State Central Committee, to publicly state whether they support the Republican nominee for President.  We need all hands on deck to prevent the alternative from being elected.

If you have any questions, I will be at the meeting Saturday, August 27, 2016 and will be happy to answer your questions.

Blessings,

Cherilyn Bacon Eagar

PS – In principle, this contentious election season and the warring factions of a two party system are the result of elected officials and citizens that held self-interest and special interest above the Constitution.  They abandoned the original document.  They went against George Washington’s warning and plea NOT to create two parties (as England had) and after the Adams administration, they began the process of creating a two party system.  To quote a Republican candidate:  “It IS rigged.”  It is rigged against the people in that the 17th, 16th and 12th Amendments have created a democracy in the election process rather than maintained the republic.

Where are all those candidates that professed to be “constitutionalists?”  Why are they not standing for the checks and balances and separation of powers both vertically and horizontally that the framers created?

I was elected Presidential Elector, one of six for Utah.  It is a farce.  The original electoral college was destroyed in the Aaron Burr-Thomas Jefferson election.  If the original electoral college were functioning today, we would not be sitting in this body spending money and grooming candidates in how to pay-to-play in this system.  We would not have candidates that can’t even pay their mortgages or sell their homes for what they paid for them that serve as Senators and then leave office as multi-millionaires.

Instead, if the original electoral college were in place today, there would be NO parties.  The people would not elect a president.

The states would elect Presidential Electors equal to the number of the state’s congressional delegation (Utah would have six).  There would be 535 electors that would gather to NOMINATE people that are principled and qualified to lead.  Each state’s delegation would vote for TWO names to send to the US Senate for tallying.

The US Senate would then send the TOP FIVE candidates to the U.S. House.  Each state would cast its vote by delegation and would get 1 vote.  The top vote-getter would be elected President and the second place candidate would be Vice President.

The US Senate would not be elected by popular vote.  It would be elected by the representatives the people in the state had elected – the state legislature.

The only body that would be elected by the people was the U.S. House of Representatives, the “people’s house.”

Among the most egregious perversions along with the 17th Amendment during the Democratic Wilson administration was the decision to give government the power and authority to steal personal property, rather than to ask other foreign interests to provide revenue.  With the 16th Amendment, the people gave Congress a blank check to dig its own grave in debt and bloated spending.  The solution is NOT to further amend and pervert the Constitution.  It is to seriously examine that original document and to find the wisdom already in it and to RESTORE it.

The founders feared and deplored democracy.  They recognized from history that it always had a contentious and volatile ending.  Do we not see that this is the path we are pursuing?

The only level of deliberation among citizens in which a democracy worked was at the very closest level to the people.  Democracy worked only among small numbers of people.  THAT was the neighborhood caucus.  That system itself has been perverted because those that elevated their own interests above Liberty, the Constitution and the Republic sought to overthrow it as soon as it was ratified.

Is a nation too big to fail?  I think it is just the opposite.  Its bigness, its consolidation of power, is its failure.

Did you know that the population of Utah now exceeds the population of all 13 states at the time the union was formed?  Utah now has over 3 million people residing within its state borders.  And Utah is one of the smaller states in the union.

In 1789 the population of the 13 states was estimated to be around 2.5 million.  The founders and framers believed THAT was too big for democracy.  What have we done?  Here we are fighting with each other and with other friends and neighbors in a two-party system that now has a populace so angry and frustrated, that if we aren’t careful, mass persuasion may assume mob rule and yield to anarchy for resolution.

If the members of this party, of any party – especially the Constitution Party – want to save this Republic, they need only look at the original document and its brilliant bicameral form of government and system of elections that separated out the special and self-interest to prevent consolidation of power, as the solution.  All else is a distraction.

Our goal over the next four years should be to educate the public on these principles and to dissolve the parties and to plug up the gaping holes in this broken and sinking ship before it’s too late.

 

Join the Radio Show Thursday – Friday May 28-29 – 3-6 PM Mountain time

Radio Show Tuesday-Friday 3-6 PM Mountain time  AM 630 K-Talk Radio
This week Cherilyn Eagar is filling in.  Hollywood filmmaker Jeff Chamberlain, a member of the Hollywood conservative “underground,” and Tim Irwin, Highland City Councilman/Mayor Pro Tem will be co-hosting.

Thursday May 28th
John Dougall, Utah’s “frugal Dougall” State Auditor is taking a unique approach – He’s analyzing how every penny is spent. You won’t want to miss this shocker – and what EVERY state auditor ought to be doing.

GOP Chairman James Evans discusses the Old Guard v the People
How the progressives in the GOP are trying to take it over. In Utah it’s the challenge to the caucus system, “CMV – Count My Vote” and SB 54 – the supposed “compromise.”

Progressive/National Take over of Education: The New Science-Environmental PC Standards
Same Song. Second Verse. Oak Norton, Utahns Against Common Core, will update on the new “common core” science standards that have been railroaded into the states.

School-Parent Bribery? An Environmental PC Survey 
Did you know about the liberal environmental survey that pays a school $1 for every survey the parents fill out?  It’s a program called “Envision Utah” – there’s one in YOUR state too…

The latest from Hollywood and the Media’s handling of Hillary’s email scandal
Hollywood’s Why Guy filmmaker, Jeff Chamberlain, will add some humor and review how Hollywood media influences the message, and how it has treated Hillary Clinton’s record with kid gloves … and more mysteriously missing emails.

Who’s Who in the Presidential Line Up?
And who do you support in this current Republican presidential field?

Friday, May 29th
Free Enterprise. What are the challenges and the future?
George Morris, Century 21 Everest Realty Group, will be among our entrepreneur spotlights on air to discuss how they have survived and thrived in spite of government’s interference with free enterprise, their challenges and successes, and what we can do to promote these values in an increasingly socialist society.

An update on what activists are doing about this in Utah.

Should the BSA Admit Gay Scout leaders?
Rev. Bill Owens, President National Coalition of African American Pastors weighs in on BSA recommendation to include gay scout leaders

A Scout Council Executive will explain what’s happening, answer questions and take your comments. Should former Secretary of Defense Robert Gates (who retired “don’t ask, don’t tell in the military) be asked to retire from the BSA board?

How Ex-Gays are being silenced and denied their constitutional rights
An interview with David Pickup, a ex-gay therapist whose case has been before the US Supreme court to defend the rights of ex-gays. And more…

I hope you’ll join us for these important discussions.
Call in number is: 801-254-5855


 

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Who’s Who in the Legislature: Utah’s Constitutional Republic Election System

American Leadership FundI’ve written several articles addressing the attack on Utah’s Constitutional Republic election system – called the “caucus convention.”

In 2014 the Utah Legislature voted to intervene in the affairs of a private corporation specifically to dictate to it how it will elect its corporate members and who they can be – similar to a corporate board.  Except, what the legislature said was that Macy’s no longer has the exclusive right to appoint or elect its leadership, its CEO and board and voting shareholders.  Instead Gimble’s now has the right to take over Macy’s and petition to manipulate a hostile takeover of Macy’s.

Put another way, should a state legislature have the right to intervene in the business affairs of another private corporation – The Church of Jesus Christ of Latter-day Saints and tell it – by law – how it can appoint or elect its Quorum of the Twelve Apostles and who will be the next President of that church?

Outrageous you say?

Well, that is what the Count My Vote campaign is asking and that is what Senator Curt Bramble and others who are catering to the elite in Utah have done.

Corporate law prohibits such interference from competition in this manner.  (Unless you are General Motors and President Obama.  You may recall how the president stripped franchise owners of their own private contracts.  In Utah those car dealership owners stood at a press conference and, some very tearfully having lost their entire life’s investment in one letter, rightfully described it as communism.)

This matter of a political party’s right to a caucus convention was also challenged in Idaho and was found to be unconstitutional under the First Amendment protection to freely assemble.

Perhaps some of Utah’s legislators did not realize what they were doing at the time, but at this juncture they should be aware of the troubling circumstances they have complicated further.

In fact, it could be said that they acted in contempt of the very party that elected them.  And they continue to do so in this session.

Senator Curt Bramble is at the center of this conflict.  He was the sponsor of SB 54, promoted as the “fix.” He promised that it was “severable,” meaning a portion of the bill could be separated from the rest and dealt with.  However, members of the State Central Committee knew otherwise.  Read former legislator Chris Herrod’s expose here.

Now Senator Bramble tells the Republican Party it’s not severable.  In any other circumstance, this would either be incompetence or obfuscation.  In either case, Senator Bramble and those that followed him in support of SB 54 must be held accountable.

The elite of Utah are behind this attempt to destroy the Republican Party and to infringe on the rights of a private corporation so that they can not only elect their wealthy and famous friends, but also limit it to those that can afford the costly primaries that the media buyers otherwise miss out on with a caucus – convention.

The Republican Party has rightfully filed a lawsuit to defend its first amendment rights.  The Constitution Party has joined the lawsuit with identical concerns.  They should know.  Their party carries the namesake of the very law that is being torn to shreds by Utah Republicans the people elected to the state legislature.

They are also being lied to by local media, especially, but not limited to, Doug Wright.  He also should be held accountable.

Every business owner should be shuddering at the precedent the Utah legislature has created should SB 54 stand.  It means that independents (primarily progressives and Democrats that find it advantageous to run as “independent” or “non-partisan” so they can be elected in a predominantly Republican state) can enter a Republican primary and win it.

The Democrat Party should also be shaking in its boots.  In areas such as Salt Lake City, it would not take much for Republicans to run and take over precincts that the democrats hold by simply usurping the Democrat Party imprimatur.   It removes the same First Amendment rights from the Democrat Party as it does the Constitution, the Libertarian or the Republican Party.

The fundamental questions are:  does a private organization have a right to self-determination and definition?

Does a political party have the inherent and God-given right to declare its beliefs and who will represent them?

The answer is yes.

I am a member of the Utah Republican State Central Committee.  Senator Bramble and others who followed his lead were led down a dangerous path of brambles.  The following Republicans from the 2014 legislative session, knowingly – or otherwise deceived – have done serious harm to the Republican Party and to each of us who have been duly elected to represent its best interests.  We have spent countless hours and sacrifice from our families and work raising funds and defending the interests of the grassroots against an small elite group of people who wish to manipulate with their money or fame:

Utah Senators

Adams, J. S. Bramble, C. Christensen, A. Davis, G. Dayton, M.
Escamilla, L. Harper, W. Henderson, D. Hinkins, D. Jenkins, S.
Knudson, P. Mayne, K. Niederhauser, W. Okerlund, R. Osmond, A.
Stephenson, H. Thatcher, D. Urquhart, S. Valentine, J. Van Tassell, K.
Vickers, E. Weiler, T.

Utah House of Representatives

Anderson, Jerry Arent, P. Bird, J. Brown, M. Chavez-Houck, R.
Christensen, L. Cosgrove, T. Dee, B. Draxler, J. Duckworth, S.
Dunnigan, J. Edwards, R. Eliason, S. Fisher, Janice Froerer, G.
Greenwood, R. Hall, C. Handy, S. Hemingway, L. Hughes, G.
Ipson, D. King, B. S. Last, B. Layton, D. Lifferth, D.
Lockhart, R. McCay, D. McIff, K. McKell, M. Menlove, R.
Moss, C. Nelson, M. Nielson, J. Peterson, J. Peterson, V.
Poulson, M. Powell, K. Romero, A. Sagers, D. Sanpei, D.
Seelig, J. Snow, V. L. Spendlove, R. Stratton, K. Tanner, E.
Webb, R. C. Westwood, J. Wiley, L. Wilson, B

In the 2015 session, the following Republicans were true to the oath they swore to support and defend the U.S. Constitution and the Constitution of Utah.  Most of them became aware of the constitutional matter which had not been presented to them in 2014 and they voted for a bill that would have helped the Republican Party, SB 43 and they deserve our thanks.  This is actually representative of a core group of Utah Senators that primarily vote with a constitutional compass.

Christensen, A. Dayton, M. Henderson, D. Jackson, A. Jenkins, S.
Madsen, M. Millner, A. Stephenson, H. Thatcher, D.

The following Republicans, although they have voted constitutionally on other measures,  have acted in this instance to harm the Republican Party and the interests of the people against the elite.  Perhaps some of them simply trusted their leaders or were pressured to do so?

Adams, J. S. Bramble, C. Dabakis, J. Davis, G. Escamilla, L.
Harper, W. Hillyard, L. Iwamoto, J. Knudson, P. Mayne, K.
Niederhauser, W. Okerlund, R. Osmond, A. Shiozawa, B. Stevenson, J.
Urquhart, S. Van Tassell, K. Vickers, E. Weiler, T.

Congratulations to Chris Herrod and Craig Frank and their www.UnConventionConservative.com blog site, and others who have worked very hard to get the truth to Senator Bramble’s colleagues and for their integrity in stopping SB 254, the SB 54 highway that circled around CMV City in this 2015 session.  Here are the Senators that voted to HOLD the bill in committee.  We appreciate them for their diligence.

Dayton, M.
Hillyard, L.
Hinkins, D.
Jackson, A.
Thatcher, D.

Here are some talking points in favor of the caucus system and why so many of the grassroots that understand its benefits are concerned about:

Many have asked about the specific objections the Party has to SB 54 (the Utah Legislature/Count My Vote compromise). Please see eight major objections below – (for the sake of brevity, preserving our constitutional rights is a given):

1)     The SB 54 compromise allows candidates who are not Republicans to run on the ballot as Republicans.

2)     It allows a candidate to be on the Republican primary ballot without having to get one Republican signature.

3)     It allows someone to win a Republican primary with as little as 10 percent of the vote, because there is no majority vote requirement.

4)     It forces the Utah Republican Party to have all 29 county conventions in a two week period

5)     It does not allow the Republican Party to ensure that candidates running on the Republican primary ballot even acknowledge that they support the Republican Party’s platform.

6)     Count My Vote has never been about increasing voter participation. It has always been about finding another and easier way to gain access to the Republican Party brand, and they are using the appeal of increasing voter participation as the rallying cry to do it.

7)     We have one state convention in 2015 to make all the required changes to comply with the aggressive 2016 timeline.

8)     If we can’t comply with the SB 54 requirements in time, Republicans may not be on the ballot in 2016.

We need your support today to continue in this fight.  Please consider a donation of whatever amount you are able – $10. $25, $50, $100 or more – a monthly donation is also welcome.  Simply text “ALF” to 313131 or

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