Tuesday, December 09, 2008

The Liberal Party Constitution

I figured that since the Liberals were going to pick a new leader tomorrow, we should examine the process. Here is a link to the document.

I've put all the relevant stuff below. The interesting thing about the Liberal constitution is that Dion, the second he announced his intention to resign, could no longer be leader. No wonder the rank and file is getting a little bit stoked about what's going on.

So, there should have been an interim leader after Dion announced his intentions to resign the first time. The only way that interim leader can become the permanent leader is to be elected at a leadership convention.

There are no special circumstances, in which the caucus and the riding association heads can pick a permanent leader. Even if the convention is a rubber stamp for Iggy, the convention still has to take place.

Ideally, if the Liberals follow their own rules, they will not attempt an ouster of the sitting government until the rank and file validates whomever is picked. This means May. That's probably good for them as well as the rest of us.

Can you imagine an interim leader becoming the Prime Minister before having his leadership tested by his own party? Neither can I. That's probably why cooler heads will prevail. It's politically stupid for the Liberals to jam this down the throats of their members and, by extension, the rest of the country.

That's my non-expert take on this.
54 Call of Leadership Vote
(1) The Leader ceases immediately to be the Leader when:
(a) due to incapacity, the Leader ceases to be recognized by
the Governor-General as the leader of the Party in the House
of Commons;

(b) the Leader dies;

(c) there are published in accordance with this Constitution
the results of a Leadership Endorsement Ballot in which the
Leader is not endorsed;28

(d) the National Executive declares in accordance with Subsection
55(2) that the result of a Leadership Vote is invalid.

(2) If the Leader publicly announces an intention to resign or if the
Leader delivers to the National President a written resignation
or a written request to call a Leadership Vote, then the Leader
ceases to be the Leader on the earlier of the appointment of
an Interim Leader and when a new Leader is elected by the
members of the Party.

(3) In the circumstances set out in Subsection 54(1), if the Leader
publicly announces an intention to resign or if the Leader delivers
to the National President a written resignation or a written request
to call a Leadership Vote, the National President must call a
meeting of the National Executive to be held within 27 days, and at
that meeting the National Executive must:

(a) in the circumstances set out in Subsection 54(1) or if the
Leader so requests, in consultation with the Caucus, appoint
an “Interim Leader”;

(b) set a date for a Leadership Vote to be held within six months;

(c) fix a deposit, refundable or otherwise, to be paid by each
leadership contestant in accordance with the requirements
of the National Executive before the Leadership Vote is
completed;

(d) set a maximum limit for the leadership contestant expenses
that may be incurred by any leadership contestant;

(e) establish the Leadership Expenses Committee consisting of:

(i) two co-chairs, one of whom must be a man and one
of whom must a woman and one of whom must be
English-speaking and one of whom must be Frenchspeaking;

(ii) the Chief Financial Officer;
(iii) two of the PTA Presidents elected among themselves,
one of whom must be English-speaking and one of
whom must be French-speaking;
(iv) two representatives appointed by the Caucus;
(v) other members of the Party appointed respecting the
principle of equal participation of men and women and
the recognition of English and French as the official
languages of Canada;

(f) establish the Leadership Vote Committee consisting of:
(i) two co-chairs;
(ii) the National President;
(iii) two of the PTA Presidents elected among themselves,
one of whom must be English-speaking and one of
whom must be French-speaking;
(iv) two representatives appointed by the Caucus;
(v) any number of other members of the Party appointed
by the co-chairs in consultation with the National
Executive and respecting the principle of equal
participation of men and women and the recognition of
English and French as the official languages of Canada
(4) The Leadership Expenses Committee is responsible to:
(a) adopt rules (to be known as the “Leadership Expense
Rules”) that provide for procedures to supervise compliance
with the maximum limit for the leadership contestant
expenses that may be incurred by any leadership contestant
and to ensure full and frank disclosure of all contributions to
leadership campaigns;

(b) on an ongoing basis to ensure compliance with the
Leadership Expense Rules.

(5) The Leadership Vote Committee is responsible to plan, organize
and carry out the Leadership Vote.

(6) Each member of the Leadership Expenses Committee and the
Leadership Vote Committee must agree in writing to remain
neutral in the election of the Leader.

(7) The person appointed as the Interim Leader may exercise all the
powers of the Leader under this Constitution until a new Leader is
elected by the members of the Party.

55 Leadership contestants

(1) To be eligible for election as Leader, a person must:
(a) be a member of the Party;

(b) be eligible to be a candidate in an election of a member to
serve in the House of Commons under the Canada Elections
Act; and

(c) deliver29 to the National President, at least 62 days30 before
the day of the Leadership Vote, a written nomination (which
may be in one or more counterparts) signed by at least 300
members of the Party including at least 100 members of the
Party from each of three different provinces or territories;

(d) within the time limits established by the Leadership Vote
Committee, comply with the requirements of the National
Executive to fully and frankly complete a candidate
questionnaire in substantially the same form required of
candidates under the rules made by the National Election
Readiness Committee under Section 60 for the last general
election;

(e) within the time limits established by the Leadership Vote
Committee, provide to the National President or their
designate, an undertaking in writing that:

(i) they agree to be bound by this Constitution, any
bylaws made by the National Executive under Section
57 and the Leadership Expense Rules;

(ii) they will submit all disputes concerning any matter
relating to the selection of the Leader and the
Leadership Vote and the construction or application of
this Constitution, any Constituent Body Constitution,
any bylaws made by the National Executive under
Section 57 and the Leadership Expense Rules to,
and abide by the decision of, the Permanent Appeal
Committee; and

(f) have otherwise complied with the bylaws made by the
National Executive under Section 57 and the Leadership
Expense Rules and with the Canada Elections Act.31

(2) If a person is later found not to be eligible for election as the
Leader or does not comply with the Canada Elections Act, this
Constitution, any bylaws made by the National Executive under
Section 57, the Leadership Expense Rules or the undertaking
referred to in Paragraph 55(1)(f), then the National Executive may
declare the results of the Leadership Vote invalid.
56 Leadership Vote procedure

(1) The Leader is elected at a National Leadership Convention with
the delegates to that convention being elected in proportion to
the popular direct vote received by each leadership contestant in
accordance with this Constitution and the Party Bylaws.

(2) At a delegate selection meeting to select delegates to a National
Leadership Convention held in accordance with Section 63, each
member of the Party who is entitled to vote at the meeting must
be provided with a ballot that permits him or her both to vote
directly for the leadership contestant of his or her choice and to
vote for individual delegates to the National Leadership Convention
who have either declared their support for a particular leadership
contestant or has elected to stand as an “independent” delegate.

(3) Delegate selection meetings to select delegates to a National
Leadership Convention must be held nation-wide on one weekend
with the executive of each PTA determining on which precise day
the meeting will be held for each EDA and Commission Club within
its province or territory.

(4) Delegates elected in support of a leadership contestant must, if
they vote on the first ballot, do so in favour of the candidate they
have been elected to support. If any leadership contestant fails
to win a majority on any ballot, the leadership contestant who
received the fewest votes on that ballot must retire, and a further
ballot must be held. Successive ballots must be held until one
leadership contestant receives a majority, and is thereby elected
as the Leader.