State Plan of Organization Opinion 2024-003

Date: March 13, 2024

Question From: Henderson County Republican Party

Question(s) Presented:

Are Articles III, X, etc. of the Henderson County Plan of Organization inconsistent
with the State Plan of Organization?

Answered by: Russ Ferguson, General Counsel Dan Barry, NCGOP Plan of Organization Chairman

Answer:

Yes, the Henderson County Plan of Organization (“Henderson Plan”) contains
inconsistencies that must be rectified to be in compliance with the State Plan of
Organization (“State Plan”).

To begin, there exists an inconsistency in Article III of Hendersons’ Plan when it
states that “[u]p to two members at large of the HCGOP executive committee may
be nominated by the Chair and approved by simple majority vote by the Executive
Committee. The term of the members at large may be initiated at any time but
ends with the odd year election of officers. Members at large may serve as many
terms as approved.” Henderson Plan Article III.B. This is inconsistent with the
State Plan that mandates “In every odd-numbered year, the County Convention
shall elect a County Executive Committee of five 5 or more voters, in addition to
the County officers, who shall hold their places for a term of 2 years or until their
successors are elected. The County Plan of Organization may provide for the County
Executive Committee to elect additional members of the County Executive
Committee in addition to those members of the County Executive Committee elected by the County Convention.” State Plan Article VII.B.2.b.ii. Therefore, Article III is out of compliance and inconsistent with the State Plan.

As a result, Article I is also inconsistent with the State Plan as it does not include
five (5) at-large members of the County Executive Committee. Hendersons’ Plan
states that “[i]n every odd-numbered year, the Henderson County Convention shall
elect a Chair, a Vice-Chair, 2nd Vice Chair (optional), a Secretary, and a Treasurer
who will serve as voting members of the Executive Board of the Henderson County
Republican Party.” Hendersons’ Plan fails to include the five at-large members the
State Plan mandates be members be on the County Executive Committee when it
states “[t]he County Executive Committee shall consist of the County officers and
other persons elected by the County Convention in accordance with
Article VII.B.2.b, and the County Finance Chairman.” State Plan Article III.A.1.
Therefore, Article I is out of compliance and inconsistent with the State Plan.

Lastly, Article X of Hendersons’ Plan is inconsistent with the State Plan when it
states in relevant part “[f]or purposes of this County Plan, ‘Party Disloyalty’ occurs
when any HCGOP official engages in these behaviors either while serving as a
party official or within the 12 months prior to becoming a party official....”
The “or within the 12 months prior to becoming a party official” is the inconsistent
portion as the State Plan, in Article IX.E.2., does not contain, nor authorized such
ex post facto language. One must be bound by the Plan to be subjected to its
prohibitions. Therefore, Article X, in the relevant part discussed, is out of
compliance and inconsistent with the State Plan.