Some things are easier to understand in pictures
A Personal Note
Before I start, I want to make it clear, I have no personal vendetta or animosity against anyone about whom I may write. This is not personal. I do not write “hit pieces.” If one of my pieces “hits,” a reader will find it difficult to find a fact mis-stated, or conclusion distorted or twisted to achieve a certain unwarranted impression.
While I am not perfect and do not pretend to be, I am thorough. I am extremely careful to express matters in ways to convey an exact sense of what I would like the reader to consider. I work diligently to be as accurate as possible. When someone claims I am mistaken, I am glad to examine such a claim against what I have written and provide an answer. I do not shy away from criticism. I am happy to receive it because the last thing I want is to allow an inaccuracy, or misimpression to flow from one of my writings.
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Know that by the time you read my Substack, I will have read it over, sometimes as many as twenty times. Each time I make one change, when I finish I begin again at the top and read once more to ensure that the change I made flows in context with the rest of the article. But nothing I present is personal. Nothing I say is gratuitous. I carefully consider every word and every sentence to convey my desired meaning and hopefully minimize the chance of error. I do that because we are losing our country. Arguably, we live in the most dangerous time of our country’s history. The best way to fight back is to promulgate the truth in ways that individuals in position to act can understand and consider their role in saving it. That is my purpose here, nothing else. Thank you for reading.
In my last Substack, “Wool Being Pulled Over the Eyes of Grass Roots Republicans,” I brought forward a notification posted October 27th on gagop.org by Georgia Republican Party Chairman Josh McKoon. That notification indicates the manner in which the Georgia Republican Party, Incorporated “State Executive Committee” (proper name-capitalized) has determined it will decide ballot access for the Republican Presidential Preference Primary next Spring. But according to the law, it appears to be a certain other committee, comprised of nearly 180 individuals, established under the term, “state executive committee” (lower case), which is empowered to make ballot access determinations. What you see in Chairman McKoon’s posted notification appears as a sleight-of-hand, an unjustified usurpation of political power.
Here is Chairman McKoon’s October 27 notification in full:
As I wrote previously, the “State Executive Committee” (capitalized by GRP, Inc. rules), is merely the NAME of a subcommittee underneath the true “state executive committee” in law (See Fig. 1 below). As a subcommittee established under GRP, Inc. rules, the “State Executive Committee” possesses no authority in and of itself to fulfill the OCGA 21–2‑193 functions in McKoon’s notification. Those functions are authorized solely to the “state executive committee” (lower case in law), functions which would include formulating and promulgating notifications such as the one above, McKoon apparently self-authorizing the power necessary to fulfill functions reserved entirely for the “state executive committee” as that term is defined in the law. The GRP, Inc. “State Executive Committee” is only empowered to carry out day-to-day operations, given policies previously “formulated and adopted” by the “state executive committee.” It is not empowered to act in place of the “state executive committee.” To do so would be a usurpation of power, or as our founders would say, an act of tyranny. (For a concise explanation of the parliamentary principles involved, please view this video created by professional parliamentarian Kirby Glad, specifically geared to certain parliamentary concerns in Bulloch County, GA.)
Seen graphically, the true, correct and lawful committee organizational structure under OCGA 21–2‑111, as compared to GRP, Inc. rules, would look like this:
The first column in Fig. 1 represents the lawful “state executive committee” structure. Except when a statewide convention might be in session, the “state executive committee” possesses all authority over party affairs throughout the state. The “state executive committee” is the ONLY political party committee required under law. That committee’s governing jurisdiction is the entire state of Georgia, across which it exerts control over every rule, every regulation and action of the party. The OCGA 21–2‑111 “state executive committee,” renamed, “State Committee” under GRP, Inc. rules, essentially issues marching orders to Chairman McKoon’s “State Executive Committee.” To be clear, the “state executive committee” under law, and the “State Committee” under GRP, Inc. rules, IS THE SAME COMMITTEE. Whichever way you refer to it, that is the committee both required and empowered under OCGA 21–2‑111. McKoon’s referenced “State Executive Committee” is a subcommittee of the “state executive committee,” A.K.A. “State Committee,” and is only empowered to carry out the orders handed to it from above. It is not empowered to “formulate, adopt and promulgate” its own orders outside of those authorized by the “State Committee.” The October 27 notification is the formulation and promulgation of an order strictly authored by Chairman McKoon, apparently following no lawfully-empowered orders from the “state executive committee” as that committee is established under OCGA 21–2‑111. Without orders from the “state executive committee,” McKoon would have no authority to promulgate such a notice.
Notice there is no “State Executive Committee” (capitalized) empowered under law. That is because, again, it is not a primary committee empowered under law, but a mere subcommittee empowered under GRP, Inc. rules, operating beneath the primary committee. It has no powers not specifically delegated to it from the lawfully-empowered, “state executive committee” (“State Committee” in the party rules). As you see in the diagram above, again, the lawfully-empowered “state executive committee,” established per OCGA 21–2‑111, has simply been renamed, “State Committee” under GRP, Inc. rules.
McKoon’s committee is merely empowered to carry out those orders handed to it, not to formulate, adopt and promulgate its own orders. The October 27 notification is the forumulation of an order strictly authored by Chairman McKoon, following no lawfully-empowered orders from the “state executive committee” as is required under OCGA 21–2‑111.
While the GRP, Inc. “State Executive Committee” possesses only that authority DELEGATED to it from the “State Committee” (See Fig. 1), Chairman McKoon’s October 27 notification to prospective presidential candidates effectively inverts the lawful order of authority, apparently placing the “State Executive Committee” ABOVE the “State Committee,” making it the primary equivalent to the “state executive committee” in law, to its left in the diagram. It is not. McKoon’s “State Executive Committee” is subordinate to the “state executive committee” in law. McKoon’s bastardized committee structure, as he uses it in his posted notification, as compared to state law, would look like that depicted in Fig. 2:
This inversion of authority is an example of classical tyranny. Under Georgia Law, the party members rule the party. Under GRP, Inc. rules, as portrayed by Chairman McKoon in the October 27 notification, the party executives rule the party members. This notification by McKoon, in effect, restores the “divine right of kings” model of governing, which our founders rejected on July 4, 1776, fought a war for independence over, and ultimately prevailed.
The October 27 notification is the formulation and promulgation of an order strictly authored by Chairman McKoon, apparently following no lawfully-empowered orders from the “state executive committee” as established under OCGA 21–2‑111. Without orders from the “state executive committee,” McKoon would have no authority to promulgate such a notice.
That said, I do understand, Chairman McKoon is not the first to use the names of these committees in a way that unduly concentrates political power over ballot access, limiting it to a relatively few number of individuals. One person recently claimed this procedure has been going on since the 1970’s. Be that as it may, my purpose here is to inform the public, specifically Republicans, including those on the “state executive committee” under 21–2‑111, and “State Executive Committee” under GRP, Inc. rules, of the reality. Regardless how long this procedure has been going on, it must be stopped and the rule of law restored.
McKoon’s Notification to Presidential Hopefuls, Pay to Play?
Now that we are brought up to speed, let’s look specifically at Chairman McKoon’s notification to prospective presidential candidates.
In paragraph one, Chairman McKoon writes:
As we have seen, this is an empty claim. If it were true, it would read something like,
“Determination of the names of candidates to appear on the ballot for Republican Presidential Preference Primary is made by the State Committee (or perhaps “state executuve committee”) of the Georgia Republican Party pursuant to Section 21–2‑193 of the Official Code of Georgia Annotated.”
That paragraph represents a usurpation of power from the party members’ representatives at the most local level, handing that power to certain state-level executives. That practice does not agree with OCGA 21–2‑193, which the Chairman uses to authorize his published notification.
Next, we see in item #5 the following requirement of any person seeking Republican ballot access next Spring:
Chairman McKoon presents his entire list of items as “requested information.” Yet that “information” has dollar signs on it. It is cash money in the amount of $25,000! That is some pretty expensive “information.”
Chairman McKoon is quick to clarify, however, stating:
Oh, now we see, this cash is not for ballot access. This cash would simply be to demonstrate to a cabal of 15 people or less a candidate’s “viability.” But, isn’t that how mafia bosses “suggest” people pay for protection? “Hey, Vito, I ain’t sayin’ youze gonna end up at the bottom of the riva’ if you don’t pay up, but, hey, I ain’t protectin’ ya’ if youze don’t. So do the right thing, Vito. Capish?” But, of course, we know this money can’t be to pay for ballot access because, apparently, PAYING FOR BALLOT ACCESS IN A PRESIDENTIAL PRIMARY WOULD BE AGAINST THE LAW!!
To get around the law, apparently, this defacto “qualifying fee” is portrayed merely as a “voluntary contribution,” I guess sort of like the voluntary contributions you make when you pay your income taxes. No quid pro quo here!
Now, I don’t necessarily want to part with $25K of my own money, but if doing so would prove I’m a viable candidate for President of the United States, and leave me with the same chance as anybody else, then I gotta ask, where do I sign up?
Under Georgia Law, the party members rule the party. Under GRP, Inc. rules, as portrayed by Chairman McKoon in the October 27 notification, the party executives rule the party members.
All kidding aside, the disclaimers in this notice offer no apparent level of sincerity, the last paragraph written COERCIVELY, expressing with a, “wink wink,” The making of a contribution does not guarantee ballot access although it certainly is a demonstration of viability.” Really? “It CERTAINLY is a demonstration of viability?” Come on, now. Can we be more plain here? If I might make a suggestion, why not simply ask for a reasonable contribution to help market the eventual elected candidate? But no, they have to go with all this “wink wink” stuff. Obviously, if you want your name on the ballot, you better contribute $25K to the corporation. Oh, did I say, “corporation?” Indeed I did. This apparent defacto qualifying money, in fact all of the money ever intended for the Georgia Republican Party, does not go to the party per se. It goes to a private corporation that is only masquerading as the party. We have been through this. None of Chairman McKoon’s notification is promulgated from a Title 21 political party. Thus, he is not entitled to use OCGA 21–2‑193 to justify his statements. Instead, it is promulgated from a Title 14 non-profit corporation. Someone please look through Title 14 of the Official Code of Georgia and find for me where a corporation has access to place candidates on a legal Georgia ballot. Save your effort, it’s not there.
So, here we have a political party that is not a political party, its chairman/CEO appearing to sell ballot access on a presidential primary ballot for spots over which it has no lawful control, all the while the Secretary of State, Governor and Attorney General look the other way.
Can reality get any more mind bending? I can’t wait to see what comes next.
(Research credit for certain information presented herein goes to GoReclaimGA and Mr. Kirby Glad, Registered Professional Parliamentarian.)