What Has Happened in the RPA Following Our State Convention of June 8?
(facts with commentary by Conduit Founders)
We are hearing from Republican State Convention Delegates as well as County Committee members from various parts across the state – all anxious to learn next steps regarding the certification of our Republican US Presidential and US Vice-Presidential Electors.
We understand the concern regarding the certification of our Presidential electors and feel it as well. Some are asking why Conduit has not reported on these events of recent weeks, assuming we are in a position to know more about the details than most.
The answer is simple. At Conduit our goal is to increase freedom and individual liberties and reduce the growth and burdens of government–not just for Arkansans – but for all Americans. Putting our six (6) Arkansas US Presidential/Vice-Presidential electors at risk has a higher level of importance to Conduit than chasing daily headlines.
We made a deliberate choice not to stir publicly in the alleged illegality of the Republican Presidential electors and will continue to make such choices when consistent with our mission and beliefs. We chose (and expect to continue to choose) what we believe to be the good of our country over sensationalism. At the same time, we do not diminish the value of other news outlets that make a different choice.
Therefore, with the September 15, 2024, (arguably Sept 16) elector statutory deadline behind us, we now believe a publication of the timeline of events since the date of our State Convention on June 8, 2024, will be helpful to our readers. So, here goes:
June 8, 2024
The Arkansas Republican 2024 State Convention met on Saturday, June 8th in Rogers. According to the Republican Party of Arkansas (RPA) Rules, the State Convention is the body within the RPA that has the final authority in all party matters. To the surprise of some, the Convention elected Jennifer Lancaster as chairman and Jennifer Hopper as secretary, to lead the Convention. This was an unusual move since they defeated the State party chairman, Joseph Wood, and State Party Secretary, Julie Harris, for those positions.
Several changes were made to the state party platform and the RPA rules, those items having been previously submitted to their respective committees in a timely manner, as well as the passage of a resolution previously submitted which defines eligibility for service on the Rules committee. Toward the end of the State Convention, the delegates nominated and elected six (6) US Presidential/Vice-Presidential electors.
The Convention lasted ten hours and did not adjourn but recessed, subject to being recalled. This is an important fact to remember as you move forward along the timeline.
June 10, 2024
RPA Party Chair Joseph Wood and RPA Party Secretary Julie Harris filed a certification of Presidential/Vice-Presidential electors with the Arkansas Secretary of State (SOS) on behalf of the State Convention on June 10, 2024. (See Exhibit A)
AR Code §7-8-302 states:
(1)(A) In each year in which a President of the United States and Vice President of the United States are chosen, each political party or group in the state shall choose by its state convention electors of President of the United States and Vice President of the United States. The state convention of the party or group shall also choose electors at large if any are to be appointed for the state.
(B) The state convention of the party or group, by its chair and secretary, shall certify to the Secretary of State the total list of electors together with electors at large so chosen. The certificate shall be filed no later than September 15 in the year of the election. The filing of the certificate with the Secretary of State shall be deemed and taken to be the choosing and selection of the electors of this state, if the party or group is successful at the polls, as provided in this subchapter, in choosing their candidates for President of the United States and Vice President of the United States. [emphasis added.]
(C) The certification by the respective political parties or groups in this state of electors of President of the United States and Vice President of the United States shall be made to the Secretary of State within two (2) days after the state convention; [emphasis added.]
Even though Arkansas law specifically requires this to be done two days “after the convention,” it also specifically requires it be filed by the RPA State Convention Chair and the State Convention Secretary, those being Jennifer Lancaster and Jennifer Hopper, respectively, and not the State Party Chairman and State Party Secretary.
It is rumored from the RPA staff and supporters that the staff timely called Lancaster to advise her of the Convention’s legal responsibility to file the certification, but they claim she was on vacation. Lancaster denies receiving any contact from the RPA regarding the need for the timely SOS certification.
From statements made by Jennifer Hopper, the Convention Secretary, she is not a stranger to the RPA and was not on vacation and received no contact from the RPA advising her of her legal duty to certify the Presidential electors within two days after the Convention. (It is a curious fact that the RPA staff secured the signature of the state party Secretary, Julie Harris, on this certification while she was in Washington D.C., according to her affidavit filed with the SOS, yet could not do so from Jennifer Hopper who was home in Cabot.)
One more fact might be a significant consideration. The RPA’s hired attorney, A.J. Kelley, was in attendance during the State Convention held on a Saturday and had to have been keenly aware that the Presidential electors would be elected during that Convention. It is reported that he made no effort to advise either the State Convention Chairman nor its Secretary that their signatures would be needed on Monday morning on a legally required certification swearing as to the persons elected by the State Convention as Arkansas’ six (6) Republican electors for US President and US Vice-President.
So, what are we to make of this? The above actions and alleged lack of actions by RPA staff appear to be “at best” an act of bad faith toward the majority of Convention delegates and at worst “willful misconduct” under the law, meaning intentional disregard of good and prudent standards of performance or proper conduct under the contract they had with the Republican Party with knowledge that their actions or failure to act is likely to result in any injury to any person or personsi—harm of potentially damaging Arkansan’s right to vote for the Republican Nominee as President and Vice-President of the United States.
In addition to a two day deadline under Arkansas law (AR Code §7-8-302 (1(B)), the statute adds that the certification shall be filed “no later than September 15 in the year of the election.” No doubt this is a hard deadline to ensure the appropriate electors/candidates are timely filed for election deadline purposes—with the election being November 5.
There is a current controversy (argued by the State Convention Chair, Lancaster,) that the Convention was not adjourned (which is correct, as the motion passed at the end of the meeting was that it be recessed). She uses this fact to prove that her certification was not timely due until she adjourned (or adjourns sine die).
Since the statute says the certification is due within two days after the state convention, the argument becomes, was June 8 the date it is over? But what is not in debate is the fact that September 15, 2024, has now passed.
Between June 11 and July 22, 2024
Both the Convention Chair and Secretary requested (more than once) the list of Convention delegates for the 2024 Convention (with the initial belief that a reconvening of the Convention may be necessary to ensure the proper and timely closing of the primaries—a rule change passed during the Convention).
These repeated requests were ignored by the RPA staff and State Party Chairman. The State Convention Chair and Secretary have been repeatedly denied the list of Convention delegates by the RPA staff and Chair who appear to be holding these lists hostage.
This action by the RPA Staff and Chairman effectively removes the power from the State Convention Chair and Secretary to recall the 2024 Convention. This appears to be another act of bad faith on the part of these individuals hired to represent all members of the RPA.
Several of the key players, as it relates to changes made at the Convention, worked to create in visual form for posting to the RPA website, the new 2024 Rules and 2024 Platform based on changes made on June 8 at the Convention. These were sent to the RPA staff and Party Chairman by Lancaster and Hopper. These attempts were met with silence. However, the RPA staff and Chairman did post a new 2024 RPA platform and 2024 RPA Rules which excluded the changes made at the State Convention. This appears to be another act of bad faith or better termed, willful misconduct, on the part of these individuals hired to represent all members of the RPA.
Convention delegates around the state continued to ask questions and attempted to make plans to move forward with the changes made at Convention to the party Rules and Platform.
There appeared to be reluctance on the part of the State Convention chair, Lancaster, to continue making decisions jointly with other RPA delegates, even though they had effectively worked and gotten changes made at the Convention. This fact developed and grew frustration among many party members at the county committee level across Arkansas as they saw the RPA staff resisting the reforms voted in.
By this point, there were significant tensions and reports of chaos from Saline County delegates and members within their own county committee who were part of the State Convention. Lancaster appeared to have intentionally placed herself at the center of the controversy. Despite many across the state asking her to focus on the needs of the Convention, she chose otherwise. After July 3, her attention and time seemed to many to have become laser focused on removing certain members from her own county committee.
July 23, 2024
RPA Chair Joseph Wood sent out a call to the State Executive Committee (EC) for a meeting to consider an Advisory Opinion, written by Rules Chairman, Bilenda Harris-Ritter, regarding an alleged complaint made by Barbara Tillman, Benton County Committee Chair. (Alleged because there has been no sighting of this complaint…. only an opinion referencing it.)
This Advisory Opinion sought to set aside changes made by the 2024 State Convention to the RPA Rules and its Platform as well as declare the State Convention “officially” adjourned—even though that was contrary to the fact that the State Convention was recessed subject to re-call (anticipating issues related to closed primaries.) The primary issues at stake for RPA staff and EC seemed to be the Conventions decision to close the primaries and its decision to remove the vote of elected officials at State Committee meetings. (These rules changes do indeed reform the RPA as we know it, and certainly would remove power from special interests groups.)
July 25, 2024
In spite of their obvious lack of jurisdiction, on the afternoon of July 25th, twenty-three members of the RPA-EC met at the party headquarters (in person and by zoom) to take a vote immediately following their secret Executive Session, to affirm the advisory opinion written by RPA Rules Committee Chair, Bilenda Harris-Ritter.
The Executive Committee (made up mostly of establishment members) affirmed this advisory opinion and declared their decision of July 25 as one which “nullifies and voids” the acts of an admittedly superior body, the biennial 2024 State Convention, in spite of admitting the Convention is the body with final authority in all party matters (RPA Rule Article I, Sec1B).
This decision was passed by EC members by a vote of 18 to 5, after Chairman Joseph Wood (against Robert’s Rules and RPA Rules) continually ignored timely ‘points of order’ during this meeting regarding: violation of RPA Rules “ Article I, Sec 1B and Article VII; ballot voting despite precedent of voice vote; request for roll call; and the fact there was no discussion allowed on Harris-Ritter’s motion during the meeting.
July 26, 2024
RPA Chair Joseph Wood sent out an email to all Arkansas legislators advising them that the State Executive Committee (EC) had revoked all rule changes and platform changes made by the 2024 State Convention; that the EC had declared that the elected officials still have the right to vote at the State Committee level; and the Republican primaries would not be closed. (**Did he also caution chairs to not share delegate lists?)
Again, this is extremely bad faith and willful disregard on the part of the State Chairman and all those on the EC who voted with him to overthrow the rules upon which our party is based because they do not like the outcome. This has been argued by many Republicans across the state that this is a lawless act by a lower-level body (EC) against the rest of the state party.
See the article Lawlessness by Conduit: https://conduitnews.com/2024/08/15/lawlessness/
No doubt this will take correction by a Court of law to reverse this egregious action. It appears that this is a cost that those who prefer the party to be run by special interests are willing to pay.
Between July 26 and September 13, 2024
After the July 25, 2024, actions of the EC, Convention Chair Jennifer Lancaster and others made contact with the Republican National Committee (RNC) in an attempt to ask for their help to negotiate a settlement between the State Convention and the RPA-EC which would include the revocation of the Advisory Opinion affirmed by the RPA-EC.
On September 7 (and continuing to the present) Lancaster announced she was holding firm, and if the RPA did not revoke their decision stating the changes made at the Convention were “null and void” and that it had not adjourned, she would not certify Arkansas’ six (6) Presidential Electors with the Secretary of State.
On Tuesday, Aug. 27, a number of Arkansas Republicans filed a lawsuit against the Republican Party of Arkansas Chairman Joseph Wood and Secretary of State John Thurston.
The lawsuit claims Wood and Thurston have refused to enforce a newly adopted party rules change to close Arkansas’s Republican primaries.
Attorneys Luther Sutter and Lucien Gillham, both of Little Rock, filed the lawsuit in the U.S. District Court for the Eastern District of Arkansas on behalf of behalf of Convention chair Jennifer Lancaster and 22 other delegates to the party’s biennial convention in June. (See Exhibit B)
Here is a portion of that lawsuit:
September 13, 2024
RPA State Convention Secretary, Jennifer Hopper, met her legal obligation to the State and the RPA 2024 State Convention and filed a certification of our Presidential electors with the Secretary of State’s office. (See Exhibit C)
September 15, 2024
On the same day of Lancaster’s last Zoom meeting to “update” Convention delegates, Lancaster filed a motion within the existing federal lawsuit for a preliminary injunction to halt the certification of the Presidential electors in Arkansas. She did not advise the delegates of filing this motion on September 15, even though the call of September 15 did not end until after 9PM.
Here is a portion of the lawsuit:
WHEREFORE, Plaintiffs respectfully request that this Court grant the following relief:
1. Issue a preliminary injunction requiring Defendants to:
a. Recognize and implement the rules and platform changes adopted by the RPA at its State Convention on June 8, 2024, including the closing of Republican primaries to non party members and the new candidate registration requirements;
b. Take immediate steps to ensure that the rules and platform changes are published and adhered to in all relevant party and election procedures, including an Order that declares the convention has been recessed and that Ms. Lancaster is authorized to certify the electors because the Convention has not been adjourned;
c. Refrain from any further actions that undermine or nullify the decisions made at the convention.
2. Such other and further relief as this Court deems just and proper.
September 16, 2024
No additional documents have been filed with the SOS regarding the US Presidential electors.
September 17, 2024
The State Party has issued a call for a meeting of the EC for Friday, September 20, 2024 in order to fill any ineligible vacancies in the US Presidential/Vice-Presidential Electors. (See Exhibit D)
In Conclusion:
There were two very important deadlines to consider:
June 10, 2024: The Statute says the Presidential electors must be certified two days after the State Convention by the Convention Chair and Convention Secretary. (Lancaster and Hopper)
September 15, 2024: The Statute also states that the filing of Presidential electors must be done by September 15.
Who are the bad actors? Conduit believes that the Republican Party of Arkansas acted in bad faith and perhaps willful disregard by certifying the Presidential electors, signed by Wood and Harris, rather than advising the Convention Chair and Convention Secretary of the proper actions required of them under the law.
The RPA (and specifically party attorney A.J. Kelley) refused to keep the duly-elected Convention officials updated with the necessary requirements under Arkansas law—which is the responsibility of one in his position.
All of this could have been easily avoided if the RPA had simply accepted the will of the duly elected delegates to the Convention and not constantly tried to silence and thwart any progress made that was not to the liking of the few both before, during, and since the Convention.
Over the weekend, Convention Chair Jennifer Lancaster held two different Zoom meetings (Sept. 13 and Sept. 15) with various state delegates, advising them she would not certify the electors, claiming alleged pressure on her by the RNC, and filed a motion to stop certification of the Electors. Conduit is not in agreement with the actions taken by Lancaster and believes that her behavior in this regard has significantly harmed the efforts and advances made during the Convention.
There are two curative options given in the Arkansas statute mentioned above. They are as follows:
(2)(A) Should more than one (1) certificate of choice and selection of electors of the same political party or group be filed by contesting conventions or contesting groups, it shall be the duty of the constitutional officers of this state within ten (10) days after the adjournment of the last of the conventions to meet in the office of the Governor and determine which set of nominees for electors of the party or group was chosen and selected by the authorized convention of the party or group.
(B) The Secretary of State shall notify the state officers of the date, time, and place of the meeting.
(C)(i) At the meeting, a majority of the officers present, after notice to the chair and secretaries or managers of the conventions or groups and after a hearing, shall determine which set of electors was chosen by the authorized convention and shall so announce and publish that fact.
(ii) The decision shall be final, and the set of electors determined by the state officers to be chosen shall be the list or set of electors to be deemed elected if that party is successful at the polls, as herein provided;
(3) Should a vacancy occur in the choice of an elector, the vacancy may be filled by the state executive committee of the party or group, to be certified by the committee to the Secretary of State;
Neither seem to exactly fit the situation we have before us.
In the scenario under (2)(A), there are two groups with differing slates. That is not the case unless one considers the lack of delegates from the State Convention as a blank slate to be pitted against the slate certified by the RPA EC officers on June 10. That is an option. But it is doubted that action would be taken if there is a method that does not involve elected officials taking a stand against their party members.
Under the scenario of Section (3) of the statute above, a vacancy among the electors may be filled by the State Executive Committee. This can arguably be the situation at hand with all positions arguably vacant, as the State Convention Chair refused to certify the electors chosen at the State Convention.
Today, the RPA sent out a call to its EC members to meet this Friday to fill vacancies in the positions of Presidential and Vice-Presidential electors. It is predicted that this confusion regarding Presidential electors will all be behind us by Friday—as the State Party EC will select the six electors and promptly file same with the SOS.
It is hoped that the EC will do the right thing and select the slate chosen by the 2024 State Convention…..And then we can focus our attention on fixing what is really the heart of our problem in the Republican Party.
