Delegate to Senator Hillary Clinton Credentials Challenge

Tuesday, June 24, 2008 Honorable Alexis Herman Mr. James Roosevelt Co-Chairs Rules and Bylaws Committee Democratic National Committee 430 South Capitol Street, SE Washington, DC 20003 Dear Co-Chairs Herman and Roosevelt: Attached is a challenge and petition filed on behalf of the Democratic Party of Wisconsin. Through this filing, we challenge the credentials of Ms. Debra Bartoshevich, elected as a delegate to Senator Hillary Clinton to the Democratic National Convention from Wisconsin’s 1st Congressional District. The petition requests that the RBC remove Ms. Bartoshevich from the convention roll and replace her with the next highest vote getter in the caucus, Ms. Marilyn Nemeth. This challenge proceeds on two grounds: First, Ms. Bartoshevich violated Article II.B in the Call to the Convention. By supporting Senator McCain, a candidate other than the nominee of the Democratic National Convention, she violated the Call, and Second, Ms. Bartoshevich violated Article II.C in the Call to the Convention. By supporting Senator McCain, she did not have the best interests and welfare of the Democratic Party in mind. Please do not hesitate to let me know if you have any questions or require further information. Thank you for your time and we look forward to hearing back from you soon. Democratically yours, Jason Rae Democratic National Committee Member cc: The Honorable Joseph Wineke, Chair, Democratic Party of Wisconsin Ms. Debra Bartoshevich Certificate of Service I, Jason Rae, hereby serve the Democratic National Committee Rules and Bylaws Committee Co-Chairs, State Democratic Party of Wisconsin Chair, and Ms. Debra Bartoshevich, with the enclosed affidavit for the challenge and petition of credentials. __________________________________ Jason R. Rae June _____, 2008 AFFIDAVIT FOR WISCONSIN CHALLENGE AND PETITION: UNSEATING OF MS. DEBRA BARTOSHEVICH AS A DELEGATE TO THE 2008 DEMOCRATIC NATIONAL CONVENTION Introduction Through this filing, 18 Democrats from Wisconsin challenge the credentials of Ms. Debra Bartoshevich, elected as a delegate to Senator Hillary Clinton to the Democratic National Convention from Wisconsin’s 1st Congressional District. The petition requests that the RBC remove Ms. Bartoshevich from the convention roll and replace her with the next highest vote getter in the caucus, Ms. Marilyn Nemeth. This challenge proceeds on two grounds: First, Ms. Bartoshevich violated Article II.B in the Call to the Convention. By supporting Senator McCain, a candidate other than the nominee of the Democratic National Convention, she violated the Call, and Second, Ms. Bartoshevich violated Article II.C in the Call to the Convention. By supporting Senator McCain, she did not have the best interests and welfare of the Democratic Party in mind. The petitioners request that the RBC rule promptly on this challenge, in order that the Democratic Party of Wisconsin can finalize preparations for the convention and work to unite the party in order to help elect a Democrat president in November. Challenge to the Credentials of Ms. Debra Bartoshevich Statement of the Facts 1. The credentials of Ms. Debra Bartoshevich of 28842 Stone Ridge Court, Waterford, WI 53185, 262-662-3035, debarto@wi.rr.com, are being challenged. 2. Ms. Bartoshevich was elected as a District Level Delegate from Wisconsin’s First (1st) Congressional District representing Senator Hillary Rodham Clinton. 3. On Friday, June 13, 2008, Ms. Bartoshevich reported to the Milwaukee Journal Sentinel that she is endorsing Senator John McCain, Republican candidate for President. 4. On Saturday, June 14, 2008, the McCain for President campaign released a press release of independents and Democrats pledged support to Senator McCain. Ms. Bartoshevich was listed in the new members of “Citizens for McCain” and referenced as an elected delegate for Senator Hillary Clinton. 5. Article II.B in the Call to the Convention states that “delegates it certified will not publicly support or campaign for any candidate for President or Vice President other than the nominees of the Democratic National Convention.” 6. Ms. Bartoshevich’s endorsement and public support of Senator McCain violates Article II.B in the Call to the Convention because Senator McCain is not the nominee of the Democratic Party. 7. Article II.C in the Call to the Convention states that “it shall be presumed that the delegates to the Democratic National Convention, when certified pursuant to the Call, are bona fide Democrats who are faithful to the interests, welfare, and success of the Democratic Party of the United States.” 8. Ms. Bartoshevich’s support of Senator McCain violates Article II.C in the Call to the Convention because her support signifies she is not a bona fide Democrat who is faithful to the interests, welfare, and success of the Democratic Party. 9. Additionally, the official sign-in sheet at the Congressional District Caucuses states “I intend to vote for Democratic candidates in the November General Election.” Ms. Bartoshevich completed this sheet and signed her name on May 4, 2008. 10. The Democratic Party of Wisconsin and its members have been embarrassed in the local and national media by the decision of Ms. Bartoshevich to endorse Senator McCain. 11. We have been personally injured by the decision of Ms. Bartoshevich to endorse Senator McCain because it has made the Democratic Party of Wisconsin look weak and not unified. 12. We request that Ms. Debra Bartoshevich not be seated as a delegate to the 2008 Democratic National Convention and be removed from the roll of the Convention delegates. 13. On Friday, June 13, 2008, the Democratic Party of Wisconsin’s State Convention, the highest assembled authority for the Democratic Party of Wisconsin, met in convention in Stevens Point, Wisconsin and unanimously passed a resolution supporting the Democratic Party of Wisconsin’s challenge to Ms. Bartoshevich’s credentials on the grounds she is not a bona fide Democrat and she is not supporting the party’s nominee. 14. Further, to fill the vacancy in the delegate position, the Democratic Party of Wisconsin requests that Ms. Marilyn Nemeth of 8033 Old Spring Street, Racine, Wisconsin, 53406, msnemeth@milwpc.com be selected as a delegate from the 1st Congressional District of Wisconsin representing Senator Hillary Clinton. 15. Based on the primary results, no alternates were awarded to Senator Clinton for the 1st Congressional District. 16. Ms. Nemeth participated in the caucuses for Racine County and the 1st Congressional District pledged to Senator Clinton and was the next highest vote getter after Ms. Marlene Ott and Ms. Bartoshevich, with 14 votes received and would have been the next in order for a position. 17. The following witnesses are likely to be called, although, of course, others may be added. Joseph Wineke, Chair of the Democratic Party of Wisconsin, 222 West Wisconsin Avenue, Suite 150, Madison, WI 53703, (608) 255-5172; Jason Rae, Wisconsin DNC Member, 222 West Wisconsin Avenue, Suite 150, Madison WI 53703, (715) 790-4334; Linda Honold, Former Chair of the Democratic Party of Wisconsin, 3055 East Newport Court, Milwaukee, WI, 53211, (414) 702-3772. 18. The following documents are likely to be offered in support of the challenge: the Call for the 2008 Democratic National Convention; Regulations of the Rules and Bylaws Committee; Press Release of June 14, 2008 from the McCain for President Campaign; Sign-in sheet from the 1st Congressional District; Vote Tally Sheet from the 1st Congressional District Clinton Caucus.