Challenges

• Rules: The CBRC reviews challenges it receives in accordance with its adopted Rules of Procedure for Challenges and Appeals.

• Form: Per the Official Call, all challenges must be in writing using the challenge form found above and appended to the Official Call.

• Standing: Any DFL party member(s) who live(s) within the DFL political division where the act(s) occurred, or who would be personally, directly, and adversely affected by the act(s), can bring a challenge.

• Deadline: The deadline for submitting challenges is 10 calendar days after the challenged action occurred, unless the reviewing body determines that the challenge could not reasonably have been brought within the required period.

• Standard of Decision: All challenges and appeals from decisions on challenges are decided based on clear and convincing evidence.

Hearing Procedures

When a challenge panel determines a hearing is necessary to resolve a challenge, or when the co-chairs refer a challenge to the full committee for a hearing, they will schedule a hearing with at least 10 days' notice, unless the chair of the party unit affected by the challenge determines a shorter notice is necessary to ensure a timely decision. Reasonable efforts must be made to notify affected persons in advance of the hearing.

The panel or committee co-chairs will determine hearing procedures, usually in consultation with the parties in advance of the hearing. A standard format of a hearing is to allow the parties to present their case for 30 minutes per side, present rebuttals for up to 20 minutes per side, and make closing arguments for up to 10 minutes per side. The responding side or challenged parties are always allowed to make the final statement. Each hearing before a challenge panel or the full committee must be recorded. 

At the hearing, all parties are entitled to a reasonable opportunity to present evidence and testimony. The hearing body may also request other testimony it deems would be helpful. Before giving testimony, the chair of the meeting will ask the testifier whether they intend to testify under oath or affirmation. If so, the chair asks, "Do you swear or affirm that you will testify truthfully and completely?" No one is required to testify under oath or affirmation, but the hearing body may give less weight to testimony not given under oath or affirmation.

The parties to the challenge may present relevant evidence by means of documents, witnesses, or written or recorded statements. Hearsay is admissible, but the hearing body may give it less weight than direct testimony. The parties may also stipulate or agree to any facts or evidence not in contest to expedite the hearing and make any other appropriate motions during the hearing.

Decision

Following a hearing, the parties are dismissed from the meeting, and the panel or committee enters into closed deliberation to discuss the challenge. Depending on timing, this deliberation may be postponed or continued to another meeting.

The body first decides whether, based upon clear and convincing evidence, the alleged action occurred and whether that action violated party rules. If so, the hearing body determines whether the violation was of such a degree that it materially affected the outcome at the meeting. If the body finds it was, the body determines an appropriate remedy based upon the circumstances.

As part of its decision, the hearing body issues findings of fact and conclusions on the issues presented in the challenge. The decision must be issued and delivered to the parties as soon as possible, but no later than seven calendar days after the hearing. The decision and any recommendations regarding the outcome of a challenge are also reported at the next regular meeting of the CBRC.

Any party to a challenge may appeal its outcome to another body for review withing an allotted timeframe. After the deadline for review has expired, the decision becomes final. The reviewer of an appeal depends upon who made the decision being appealed. The State Executive Committee makes the final decision on any challenge. The standard of review in an appeal is whether there is clear and convincing evidence of error in the proceedings of the committee that issued the decision. The findings of the committee, and any minority reports, are considered as part of the appeal process.

Appeals from Decisions at a Meeting

Challenges against proceedings at a caucus, convention, or other meeting should always be raised first with the meeting chair under a point of order. The chair should then make a ruling on that point of order; if the chair finds the point of order to well taken, that means they agree that a violation of the rules has occurred, and the chair should then order an appropriate remedy to the violation. The chair may also find a point of order to be not well taken, in which case they do not believe the rules have been violated and no corrective action is required. Finally, the chair can turn the ruling on the point of order over to the body if they are in doubt or feel the decision is best made by the whole group.

If a participant/delegate/member at the meeting disagrees with a decision of the chair, may then move to appeal from the decision of the chair. This motion is usually debatable and places the chair's decision in the hands of the voting body. When the appeal is debatable, the chair is allowed to speak first and last on the appeal. The question before the body is, shall the decision of the chair stand as the judgment of the caucus/convention/committee? A yes or aye vote supports the chair's ruling, and a no vote seeks to reverse the chair's ruling. The body then votes, and a majority no vote is required to overturn the ruling of the chair. Remember, it is always the decision that is subject to appeal, not the chair themselves; there are separate motions to reprimand or remove a chair.

Once a body has resolved an appeal or voted on a point of order, that decision is the final determination of the body. Any affected individual(s) who still believes this decision was made in error may file a challenge to this decision with the State DFL chair within 10 calendar days after the date of the decision, which is then reviewed by the CBRC. To prevail, the challenge must show, by clear and convincing evidence, that the body made a clear error in its resolution of the appeal or point of order. Typically, the failure to raise a point of order or appeal in the meeting significantly reduces the grounds for the challenge, and only in extraordinary circumstances will the CBRC decide contrary to the considered decision of the voting body or its elected chair.

Appeals from Decisions by the CBRC Co-Chairs

Summary dismissals and judgments on challenges by the CBRC co-chairs are treated as decisions of the whole committee. Therefore, any appeals from these decisions may be filed with the State DFL chair within 10 calendar days after the date of the decision (or prior to the convening of the affected convention or meeting, if earlier) and are reviewed by the State Executive Committee.

Appeals from Summary Dismissals and Judgments issued by a CBRC Challenge Panel

A five-member challenge panel of the CBRC may issue summary dismissal of a challenge when the challenge is moot, untimely, or lacking in standing. The panel may also issue a summary judgment on a challenge without a formal hearing when pre-hearing information available to the panel is sufficient to render a decision.

A party to the challenge who disagrees with a challenge panel's summary dismissal or judgment may appeal to the CBRC co-chairs within five calendar days after the date of decision. The co-chairs will review the appeal and either (i) agree with the decision, which will result in it being treated as a decision by the full committee; or (ii) if clear and convincing evidence establishes clear error by the challenge panel, send the challenge back to the panel for a hearing.

Appeals from Post-Hearing Decisions issued by a CBRC Challenge Panel

Following a hearing, a five-member CBRC challenge panel has seven calendar days to issue its decision. A party to the challenge who disagrees with a challenge panel's decision may submit a request for rehearing within five calendar days after the date of decision. The request must specify the issue or grounds of error for review. The full CBRC then holds a hearing and determines whether clear and convincing evidence shows clear error by the challenge panel. If so, the committee issues an appropriate remedy.

Appeals from Decisions by the Full CBRC

Following a hearing or rehearing by the full CBRC, the committee is required to issue its decision, including findings of fact and conclusions on the issues presented within seven calendar days after the hearing. When the CBRC co-chairs, issue a summary dismissal, issue a summary judgement, or deny an appeal of a challenge panel's summary dismissal or judgment of a challenge, it is likewise treated as a decision by the full committee. Finally, a decision of a challenge panel that is not appealed or requested for rehearing within five calendar days is treated as a decision of the full committee.

A party to a challenge who disagrees with the CBRC's decision on a challenge may file an appeal with the State DFL chair within 10 calendar days of the decision (or prior to the convening of the affected convention or meeting, if earlier). The appeal is then reviewed by the State Executive Committee. The standard of review in an appeal is whether there is clear and convincing evidence of error in the proceedings of the committee that issued the decision. The findings of the committee, and any minority reports, are considered as part of the appeal process.

Credentials challenges relate to the seating of participants at precinct caucuses, delegates or alternates at conventions, or members at other meetings. A credentials challenge may allege that an individual is not eligible to participate at precinct caucuses or was not eligible for election as a delegate, alternate, or member. A credentials challenge may also argue that one or more individuals should or should not be seated as delegates/alternates/members because their election was improper under the rules. These are the only possible grounds for a credentials challenge.

Credentials challenges are generally heard and resolved by the body where the seating of the individual(s) is in question. If a credentials committee is established, the committee hears the challenge and makes a recommendation for how the body should resolve it. When the parties to a challenge are allowed to address the body, each side gets equal time, and the individual(s) whose participation is in question are always allowed to speak last. The meeting usually may proceed to debate the challenge under normal speaking limits. The question on the participation of the individual(s) is then resolved by a majority vote of the body. No one may vote on their own right to participate.

Precinct Caucuses

All registrants at precinct caucuses may participate in caucus business unless challenged. To be eligible to participate, a person must satisfy all the requirements in the Precinct Caucus Registration Affirmation (found in the Official Call). If the eligibility of a person to participate is challenged, a majority of caucus participants in that precinct determine whether they will be allowed to participate.

Conventions

When a convention is called to order, the persons eligible to participate are those delegates and upgraded alternates listed on the temporary roll. This is the list of all delegates and alternates each caucus or lower-level convention report as having been elected to the convention. A credentials committee is usually convened to assemble these reports into a single list. This committee also has the responsibility to hear any credentials challenges that arise before the convention. After hearing these challenges, the committee adds to the temporary roll any individuals it thinks should be seated and omits anyone it thinks should not be seated.

At the convention, the chair(s) of the credentials committee give the first credentials report, in which they report the number of delegates and alternates who have checked in at the convention. This agenda item is also when they report to the convention each challenge received, a summary of the facts involved in the challenge, and the committee's recommendation on whether the individual(s) whose credentials are challenged should be seated at the convention.

The challenger(s) and challenged individual(s) are then allowed to address the convention, with the challenged individual(s) speaking last, up to a time limit prescribed in the convention rules. Convention rules usually allow floor debate by the delegates after these presentations. After floor debate, the convention votes on whether the individual(s) in question should be seated as delegates or alternates. A majority vote is needed to decide a challenge.

The credentials committee reports each challenge one at a time, and the above process repeats until all challenges are resolved. The convention's final vote on the last challenge reported establishes the permanent roll of delegates and alternates to the convention. Further challenges may arise during the convention as more individuals arrive and register. The convention decides these challenges using the same process between other items of business as they come up.

State Central Committee

Challenges to the election and to the seating of members and alternates to the State Central Committee (SCC) are heard using slightly different processes. Challenges to the election of SCC members and alternates are filed with the State DFL chair and heard by the State DFL Constitution, Bylaws, and Rules Committee (CBRC). However, if time before an SCC meeting does not permit a hearing by the CBRC, the challenge is heard by the State DFL secretary or, in their absence, the CBRC co-chairs. The remainder of the process for resolving this challenge follows the normal process for challenges reviewed by the CBRC.

Challenges to the seating of members and alternates at a particular meeting of the SCC are governed under Rule 10 of the SCC Standing Rules. These challenges are heard and decided, first, by the State DFL secretary. Anyone who disagrees with this decision may appeal from this decision to the full SCC. The challenger and the challenged individual(s) may each address the SCC for up to five minutes. The secretary may then report on the challenge for up to four minutes. Anyone whose credentials are affected by an appeal may not vote on the appeal nor in any other vote before the appeal is decided. The SCC decides each appeal by a majority vote. Once nominations have been opened for any election or endorsement, credentials challenges, appeals, or other motions relating to credentials are not in order until the election or endorsement has occurred or the meeting has adjourned.

Assistance with Constitutional Issues

A credentials committee, a challenger, or any other interested party to a challenge may contact the CBRC to request assistance with DFL constitutional issues that are in dispute. Requests for a committee opinion must be made as early as possible in the process. When possible, the committee will promptly issue its opinion on constitutional issues. However, no convention, or credentials committee report to a convention, will be delayed because of a request for an opinion 

Challenges to resolutions procedures at the precinct caucus level are heard and resolved by the organizing unit resolutions committee, if any, and otherwise by the organizing unit convention. Challenges to resolutions procedures at the organizing unit level are heard by the State DFL Platform and Issues Committee. The challenger must file the challenge form with the State DFL chair within 10 calendar days after the date of the challenged action. Appeals from decisions of the State DFL Platform and Issues Committee must be filed with the State DFL chair within 10 calendar days after the date of decision and are reviewed by the State Executive Committee.