DEMOCRATIC CLUB OF THE HIGH DESERT

P.O. Box 4816 ♦ Lancaster, California ♦ 93539-4816

www.dchd-av.org

December 8, 2010 Ruling on the Contention of the November 17, 2010 Special Election
By the Executive Board of the Democratic Club of the High Desert

The Democratic Club of the High Desert (DCHD) held a Special Election to fill vacated seats for President and Recording Secretary on
Wednesday, November 17, 2010. Immediately following the election, challenges to the election were submitted to the Executive
Board. The board has independently investigated the claims and hereby declares its ruling based on the DCHD, LACDP and CDP
Bylaws along with Robert’s Rules and California State Law.

Due to the fact that two Executive Board positions are being contested, it is being requested of the Los Angeles County Democratic
Party to confirm that this Ruling of the DCHD Executive Board complies with all applicable DCHD and Party Charters and Bylaws.

Based on the ballots received, the DCHD Nominating Committee concluded that Johnathon Ervin is the new DCHD President with
36 votes (Denise Latanzi 30 votes) and Mike Burdett is the new Recording Secretary with 37 votes (Wendy Reed 22 votes).
However, the DCHD Bylaws Committee has ruled that the individuals who registered the night of the election do not meet the
requirements of members in good standing based on the DCHD Bylaws. The DCHD Executive Board finds that there is contention.

The DCHD Executive Board finds six valid points in the contention of the election:

1. Allegation of Voting by Non-Democrats. DCHD Bylaws ARTICLE III: Membership Section 1 states “All members shall be
registered Democrats.” Voter Registration Status is determined by the Los Angeles County Registrar under California
Election Code § 2102(a) “A person may not be registered as a voter except by affidavit of registration. The affidavit shall be
mailed or delivered to the county elections official and shall set forth all of the facts required to be shown by this chapter. A
properly executed registration shall be deemed effective upon receipt of the affidavit by the county elections official…”
Therefore no individual can be a “registered Democrat” until the Los Angeles County Registrar processes the forms.

Voter registrations of all DCHD members were checked in person at the Los Angeles County Registrars Norwalk, California
Office on December 2 and/or December 7, 2010. Los Angeles County Registrar records show that Democrat voter
registrations for individuals was not as a Registered Democrat, on file or in effect on November 17, 2010, the date of the
DCHD election. Therefore, the Executive Board upholds the Bylaws Committee ruling.

A. Voter registration verification of members who joined or renewed memberships in November 2010:
• Voter registrations for Star Moffatt, Denzale Bragg and Zufar Liggins are all pending verification of missing
information from their voter registration forms by the Los Angeles County Registrars Office.
• Voter registrations for Carlos Cosio, Jesse Robinson, Paroah Mitchell and Aaron Moore show that they were
registered as Declined to State on November 17, 2010.
• Voter registrations for Barbie Mims and Rachel Gardner show they were registered as Republicans on
November 17, 2010.
• Voter registration for Michael "Scooter” Perkins show he was not a Democrat on November 17, 2010.
• Voter registration for Alisha Molett shows she did not mark a party and is listed as Declined to State.

B. Voter registration verification of all members on December 7, 2010 as to their current voter registration status and on
November 17, 2010:
• Revealed Regina Brooks, Fernando Suarez, Rosendo Torres, Rosendo Torres and Glen Vradenburg are
registered to vote as Republicans.
• Revealed Ahmed Alzubi and Mary O'Malley are registered to vote as Declined to State.
• Revealed Frank Peters is registered to vote as an American Independent.
• Revealed the information on membership forms for Virginia Alzubi, Casnia Cosio, Nestor De Los Rios, Cathy
Ervin, Tracee Estabrooke, Edward Galindo, Lilia Galindo, Shelby Holley, Robert Jones, Diana Love, Crystal
McClaughlin, Annette McCleod and Ulrica "Ricky" Perkins does not match voter registration files and no
records could be found to match information provided.

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 DEMOCRATIC CLUB OF THE HIGH DESERT
P.O. Box 4816 ♦ Lancaster, California ♦ 93539-4816
www.dchd-av.org

2. Allegation that Nominating Committee Did Not Properly Fulfill Its Fiduciary Duties. As documented in several Meeting
Minutes, the Nominating Committee designed and reported to the Executive Board nominating procedures that included
verification of qualified candidates per DCHD Bylaws and election procedures that included provisional ballots for unverified
members. A vote tally of members in good standing would be reported to the board and membership. If the quantity of
provisional ballots were sufficient to change the outcome of the election, the provisional ballots would be verified, verified
ballots would be counted, and a revised tally would be reported to the board and membership. The Nominating Committee
failed to follow their planned procedures, and this denied members in good standing sufficient information to contest the
election at the time the tally was announced by the Nominating Committee.

3. Allegation that a Member’s Voting Rights Were Denied. A new member, with valid Democratic voter registration and who
serves as an Alternate Delegate to the LACDP, Gerald Fairman, was denied his vote by the Nominating Committee. On the
night of the election, the Nominating Committee required signatures on ballots. Nowhere in DCHD Bylaws is a signature
required on a ballot, only that a member’s name appear on the ballot (Article V Section 4). Mr. Fairman’s ballot was set
aside. The Executive Board finds that Mr. Fairman was a member in good standing, entitled to vote in the Special Election as
provided under DCHD Bylaws Article III, Article V, and Article X Section 1, and that his ballot should be counted.

4. Allegation that Voting Rights were Given to Non-Member. Zufar Liggins’ name is the third name on a Household
Membership Form. The DCHD Membership voted at its March 24, 2010 Membership Meeting to limit Household
Memberships to no more than two (2) people living at the same address regardless of relationship and this was clearly
printed in the instruction section of the Membership Form completed. The Executive Board finds that Mr. Liggins is not a
member in good standing and was not entitled to vote in the Special Election.

5. Allegation that Nominee Johnathon Ervin was Not a Qualified Candidate. DCHD Bylaws Article V Section 6 states, “ To
qualify as a candidate for a Club officer or Delegate, a member must have at least three (3) months continuous good
standing in the DCHD.” In October 2010 a member of the Membership Committee reported to the Executive Board that
there was no Membership Form on file for Jonathon Ervin. Mr. Ervin’s candidacy was left to the Nominating Committee by
the DCHD Acting President and the Nominating Committee had Mr. Ervin complete membership form dated December 31,
2009. The Acting President’s decision was based on advice by another Executive Board Member, The Nominating
Committee Chair and a representative of the LACDP in the spirit of avoiding conflict and based on the fact Mr. Ervin had
voted at past meetings and it had been reported that he had made a dues contribution. This investigation found no record
of a Membership Contribution, and Mr. Ervin has produced no receipt. The original report of a dues contribution was
reported to have occurred during the endorsement process when Mr. Ervin was running for Lancaster City Council in early
2010. Subsequent review of the Minutes of the February 8, 2010 Endorsement Committee Interview Meeting reveals the
amount paid was Mr. Ervin’s Endorsement Fee and reports Mr. Ervin will join the DCHD at the February Membership
Meeting. Review of the February meeting sign in sheets do not show Mr. Ervin’s name. The Board finds that Johnathon
Ervin has not paid minimum dues and has never fulfilled DCHD Bylaws Article III Section 2, “Any member shall be in good
standing upon paying minimum dues.”

Note: The Executive Board Investigation revealed Jonathon Ervin provided false information to the DCHD Endorsement
Committee. Endorsement Committee Minutes of February 8, 2010 show that Mr. Ervin claimed he had “been a registered
Democrat for several months”. Voter Registration Files showed that Mr. Ervin’s became a Registered Democrat
February 12, 2010 after his interview with the Endorsement Committee.

6. Allegation that Mike Burdett was Not a Qualified Candidate. DCHD Bylaws Article V Section 6 states, “To qualify as a
candidate for a Club officer or Delegate, a member must have at least three (3) months continuous good standing in the
DCHD.” Verification of voter registration showed that Mike Burdett became a Registered Democrat September 20, 2010
and did not fulfill requirements to run as an officer in the Special Election November 17, 2010.

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 DEMOCRATIC CLUB OF THE HIGH DESERT
P.O. Box 4816 ♦ Lancaster, California ♦ 93539-4816
www.dchd-av.org

Resolutions:
1. Allegation of Voting by Non-Democrats. The ballots of the individuals who were not “Registered Democrats” on November
17, 2010 per DCHD Bylaws and under the guidelines of California State Law shall be set aside and reflected in the final vote
tally. Members who were believed to be members in good standing whose voter registration records could not be found be
declared provisional, determine if they would affect the final outcome of the election and if so perform additional steps to
either verify they were or were not registered to vote as Democrats on November 17, 2010.

Furthermore the Executive Board suspends the club memberships of all non-Democrats and for individuals who no voter
registration record could be located until such time that their Democratic voter registration can be verified by the
Membership and/or Voter Registration Committees as on file with the Los Angeles County Registrars Office (Virginia Alzubi,
Casnia Cosio, Nestor De Los Rios, Cathy Ervin, Tracee Estabrooke, Edward Galindo, Lilia Galindo, Shelby Holley, Robert
Jones, Diana Love, Crystal McClaughlin, Annette McCleod and Ulrica "Ricky" Perkins).

2. Allegation that Nominating Committee Did Not Properly Fulfill Its Fiduciary Duties. All complaints and contentions to the
election received before this date shall be handled as if they were presented at the time the vote tally was announced by
the Nominating Committee and be considered based on merit.

3. Allegation that a Member’s Voting Rights Were Denied. Gerald Fairman’s vote shall be counted and added to the final
tally.

4. Allegation that Voting Rights were Given to Non-Member. Zufar Liggins vote shall be set aside. The membership
committee will be directed to contact him, offer him the opportunity to fill out a Membership Form and make a dues
contribution or find out if he qualifies for a Student Membership or Hardship so he can become a member in good standing
with the DCHD.

5. Allegation that Johnathon Ervin was Not a Qualified Candidate. Johnathon Ervin shall be deemed an unqualified
candidate.

6. Allegation that Mike Burdett was Not a Qualified Candidate. Mike Burdett shall be deemed an unqualified candidate.

7. With all previously listed resolutions adhered to, a new tally of the ballots already cast shall be made to determine the
President and Recording Secretaries positions of the DCHD. The DCHD Executive Board shall review all areas where
oversights were made and make changes to bylaws and/or policies to prevent future occurrences.

Executive Board Response to Questions Received by LACDP Special Committee Chair December 6, 2010:

1. How did it become known that the persons who registered at the meeting were not already registered Democrats in the
State of California?
Answer: The Nominating Committee was checking Voter Registrations by way of the internet and lavote.net.

2. Was their non-registration verified? If so, how?

Answer: Non contested members of the Executive Board verified voter registrations on December 2, 2010 and/or
December 7, 2010 in person at the Norwalk Office using Los Angeles County Registrar computers and database.

3. How was the voting conducted? Voice vote, show of hands, roll call vote, signed ballot, secret ballot, or some other
method?
Answer: Voting was conducted by written ballot with a signed ballot. DCHD Bylaws do not require the signature and
precedent was set at the 2008 DCHD election when the LACDP Regional Vice Chair set aside ballots without signatures and
LACDP reversed that decision and had the votes counted based on DCHD bylaws and declared a signature was not required.

Page 3 of 6 - DCHD Executive Board Ruling on the Contention of DCHD Special Election
 DEMOCRATIC CLUB OF THE HIGH DESERT
P.O.Box 4816a Lancaster,
Californiar 935394816
www.dchd-av.org

to the proceedings
4. Wastherea challenge dt the time of the election,eitherduring,or immediately
thereafter?lf so,who
challenged
andwhatwasthe challenge?Howwasit handled?
Answer:Challenges
camein duringthe night,firstfrom a candidateandothercomplaints werereceivedin subsequent days
by members.Pleasereferto item 2 in boththe pointsof contentionandresolutionsectionof the documentfor additional
information.

5. Havememberseverbeenallowedto registerat a meetingandvote at that meetingin the past?

Answer:No.Precedence wasset at the January2010DCHDelection,wherethe LACDP wasaskedto assist.LACDP checked
voterregistrationafterthe electionandfoundnumerousthat werenot "Registered Democrats" on the nightof the
election.A LaterExecutive Boardreviewfoundthat mostof theseindividuals hadcompletedregistration formsbeforethe
nightof the election,but werenot received,acceptedand/orprocessedin time to be effectat the time of election.

6. ls thereanystatedcut-offdateat whicha personmusthavebecomea memberin orderto vote in the election?lf so,what

is the authorityfor that (e.g.DCHDBylawsSectionXYZ)?
Answer:No.Pastpracticebasedon DCHDBylawsArticlelll Section2, " Anymembershallbe in goodstandinguponpaying
minimumdues."andthe RatifiedAmendmentto ARTICLE lll: Membership, Sectrbn
1. that states'?llmembers
shallbe
registeredDernocrats"
hasbeenappliedandallowsindividuals to becomemembersandvoteon the nightof the election*

ExecutiveBoardRebuttaltoNominatingCommitteeReport:
In the NominatingCommitteereport datedNovember30, 2010therewasan allegationmadethat an Executive Boardofficerasked
the VoterRegistration Chairto withholdcompletedvoter registration formsfrom the Registrar
Recorder.Asthis allegationconcerns
a violationof statelaw, a rebuttalto this specificchargeis warrdnted.The NominatingCommittee'sreportstatesspecifically that
"As a side hote, the Committeewas quite concernedwhen it was discovered that an unlawfulorder was givenby the 1st Vice
President to the Chairpersonof the RegistrationCommitteeto holdthe registrations madethe nightof the electionand not to send
them into the Registrar/Recorder" Two Executive Boardmemberswere presentat that meetingwith the Voter Registration chair
and both, RandyMonetteand Marie McClintock, veriflithat no suchactionwas requestedor discussed.
Further,the LosAngeles
CountyRegistrarRecorder's recordsconfirmthat all voter registrations completedby DCHDon November17th were mailedor
turnedin within72 hoursasrequiredby statelaw.Thisallegationis completelyfalseandshouldbe strickenfrom the report.

-/ /
/z T-^ zo
(ActingPresident)
, FirstVicePresident Date

/l/of,
t l
lL.^
ScottPelka,ExOfficioBoardMember(Witness) Date

Cc: DCHDBylawsCommittee DCHD Nominating

Committee DCHDMembelshipCommittee
LACDP
Chair LACDPStaff LACDPSpecialCommittee

P a g e4 o f 6 - D C H DE x e c u t i v eB o a r dR u l i n go n t h e C o n t e n t i o no f D C H DS p e c i aE
l lection
 DEMOCRATIC CLUB OF THE HIGH DESERT
P.O. Box 4816 ♦ Lancaster, California ♦ 93539-4816
www.dchd-av.org

References and Documentation:

1. Allegation of Voting by Non-Democrats.

a) California Election Code § 2102(a) “A person may not be registered as a voter except by affidavit of registration. The
affidavit shall be mailed or delivered to the county elections official and shall set forth all of the facts required to be
shown by this chapter. A properly executed registration shall be deemed effective upon receipt of the affidavit by the
county elections official…”
http://www.sos.ca.gov/elections/ccrov/pdf/2010/may/10144rd.pdf page 4

b) CALIFORNIA DEMOCRATIC PARTY STATE CENTRAL COMMITTEE BY-LAWS, Section 2. PURPOSE, a. All persons registered
as Democrats, pursuant to the laws of the State of California, are members of the California Democratic Party and are
entitled to participate in the official organization of the California Democratic Party as provided by the laws of the State
and these By-Laws.
http://www.cadem.org/admin/miscdocs/files/CDP-BYLAWS-July-2010.pdf page 1

c) CONSTITUTION AND BY-LAWS OF THE LOS ANGELES COUNTY DEMOCRATIC CENTRAL COMMITTEE, ARTICLE XIV.
CHARTERS, Section C. DENIAL AND REVOCATION, c. In the case of a "membership" organization, knowing enrollment of
a person registered as anything other than a member of the Democratic Party as a voting member of the organization.
http://www.lacdp.org/wp-content/uploads/2007/02/LACDP-BY-LAWS-AS-OF-6-15-10.pdf page 40

d) CONSTITUTION AND BY-LAWS OF THE LOS ANGELES COUNTY DEMOCRATIC CENTRAL COMMITTEE, ARTICLE XIV.
CHARTERS Section D. APPLICATION REQUIREMENTS, 3. Except as otherwise provided herein below, all organizations
that are comprised of members who are registered Democrats, or persons ineligible to register as Democrats who
express an intent to register as a Democrat upon becoming eligible, and where payment of dues by such persons
makes them a member (e.g. Democratic Clubs), which fall under the mandatory chartering provisions of Election Code
section 20201, and desire to be chartered by This Committee shall make application for charter.
http://www.lacdp.org/wp-content/uploads/2007/02/LACDP-BY-LAWS-AS-OF-6-15-10.pdf Page 42

e) Democratic Club of the High Desert OFFICIAL RULES AND BYLAWS (Ratified Amendment) ARTICLE III: Membership,
Section 1. States “All members shall be registered Democrats”
http://www.dchd-av.org/About%20Us/BylawsChangeLetter(02-01-2010).pdf

2. Allegation that Nominating Committee Did Not Properly Fulfill Its Fiduciary Duties.

a) DCHD Nominating Committee Minutes of September 28, 2010. Note: The Meeting Minutes items a - d have all been posted in a
protected directory at http://dchd-av.org/2010Election/ you will
b) DCHD Nominating Committee Minutes of October 7, 2010.
need to log in using user: lacdp and password: 9172951 to view
c) DCHD Nominating Committee Minutes of October 12, 2010. the files.
d) DCHD Executive Board Minutes of November 10, 2010.

3. Allegation that a Member’s Voting Rights Were Denied.

a) Democratic Club of the High Desert OFFICIAL RULES AND BYLAWS ARTICLE V: Club Elections Section 4. All elections for
officers must be by written ballot with voting member’s name.
http://www.dchd-av.org/About%20Us/Bylaws-2007.pdf page 4

4. Allegation that Voting Rights were Given to Non-Member.

a) Membership Form of Paroah Mitchell, Rachel Gardner and
Zufar Liggins, instruction section.
b) DCHD Meeting Minutes of March 24, 2010.
Note: The Membership Form and Minutes have been posted in a
protected directory at http://dchd-av.org/2010Election/ you will need
to log in using user: lacdp and password: 9172951 to view the files.

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 DEMOCRATIC CLUB OF THE HIGH DESERT
P.O. Box 4816 ♦ Lancaster, California ♦ 93539-4816
www.dchd-av.org

5. Allegation that Johnathon Ervin was Not a Qualified Candidate

a) DCHD Bylaws Article V Section 6 states, “ To qualify as a candidate for a Club officer or Delegate, a member must have
at least three (3) months continuous good standing in the DCHD.”
http://www.dchd-av.org/About%20Us/Bylaws-2007.pdf page 5

b) DCHD Bylaws Article III Section 2, “Any member shall be in good standing upon paying minimum dues.”
http://www.dchd-av.org/About%20Us/Bylaws-2007.pdf page 3
c) DCHD Endorsement Meeting Minutes of February 8, 2010.
Note: The Minutes have been posted in a protected directory at http://dchd-av.org/2010Election/
you will need to log in using user: lacdp and password: 9172951 to view the files.

6. Allegation that Mike Burdett was Not a Qualified Candidate.

a) DCHD Bylaws Article V Section 6 states, “To qualify as a candidate for a Club officer or Delegate, a member must have
at least three (3) months continuous good standing in the DCHD.”
http://www.dchd-av.org/About%20Us/Bylaws-2007.pdf page 4

b) Los Angeles County Registrar Records showing Mike Burdett became a registered to vote September 20, 2010.

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