UNITED STATES DISTRICT COURT
FOR THE WESTERN DISTRICT OF VIRGINIA
REFORM PARTY OF THE UNITED STATES:
OF AMERICA, an Unincorporated :
Association :
c/o Gerald Moan :
9219 East Shonto Lane :
Tucson, Arizona 85749 :
520-294-5450 :
:
Plaintiff, :
: CIVIL ACTION NO.
v. :
:
JOHN HAGELIN :
1950 Mansion Drive :
Fairfield, Iowa :
515-472-4096 :
:
and :
:
SUE HARRIS DE BAUCHE :
875 Stones Dairy Road :
Fieldale, Virginia 24089 :
540-673-1186 :
:
Defendants. :
______________:
COMPLAINT FOR DECLARATORY
AND INJUNCTIVE RELIEF
Plaintiff Reform Party of the United States ("Reform Party") by
its undersigned counsel, Cooter, Mangold, Tompert & Wayson,
P.L.L.C., hereby files its complaint against Defendants John
Hagelin ("Hagelin") and Sue Harris DeBauche ("DeBauche")
and as grounds therefor states as follows:
JURISDICTION AND VENUE
1. This court has diversity jurisdiction pursuant to 28 U.S.C
§1332 and federal question jurisdiction under 28 U.S.C. §1331,
in that this matter arises under the Federal Election Campaign
Act of 1971 ["FECA"], 2 U.S.C. § 431, et. seq.
2. Venue properly rests in this Court pursuant to 28 U.S.C.
§1391 (a)(2) and (3), and (b)(3).
PARTIES
3. Plaintiff Reform Party is an unincorporated association.
Gerald Moan is the duly-elected Chairman of the Reform Party.
4. Defendant Hagelin is an individual and a citizen of the State
of Iowa. Defendant Hagelin maintains an office in Alexandria,
Virginia for the "Natural Law Party." Defendant DeBauche is
an individual and citizen of the Commonwealth of Virginia, and
resides in Fieldale, Virginia.
STATEMENT OF FACTS
Reform Party Organization
5. The Reform Party is a national political party organization
registered with the Federal Election Commission. The Reform
Party is a minor party, which is defined as a political party
"whose candidate for the office of President in the preceding
presidential election received, as the candidate of such party, 5
percent or more, but less than 25 percent of the total number
of popular votes received by all candidates of such office." 26
U.S.C. § 9002(7); 11 C.F.R. § 9008.2(d).
6. The Reform Party is governed by a Constitution that was
adopted on November 2, 1997. The Constitution specifically
states that "[t]he rules contained in the current edition of
Robert's Rules of Order, Newly Revised, shall govern this
convention in all cases to which they are applicable and are
not inconsistent with any Rules, Bylaws, Constitution or
resolutions adopted by the National Convention or National
Committee." Art. XII. The Reform Party has not passed any
bylaws.
7. The Reform Party Constitution provides for a National
Convention, which shall be "the supreme governing body of the
Reform Party at the National level." Art. III, § 9(a). Under the
National Convention is a National Committee, which shall be
"responsible for the conducting of the business and affairs of
the Reform Party between sessions of the National
Convention." Art. IV, §1. Under the National Committee is an
Executive Committee, which shall be "responsible for the
conducting of the day to day business and affairs of the Reform
Party, between meetings of the National Committee." Art. V,
§1.
8. The Reform Party Constitution also provides for the
National Party Officers of Chair, Vice Chair, Secretary, and
Treasurer. Art. VIII, § 1. Among other duties, the national
Party Chair presides over meetings of the Executive
Committee, National Committee and National Conventions.
Art. VIII, §2(a). The Party's Constitution provides that the Vice
Chair shall serve as the National Party Chair in the Chair's
absence. Art. VIII, §2(b).
9. Pursuant to an Opinion and Order dated March 27, 2000,
in Case No. 6:00CV00014 Member Case, and Case No.
6:00CV00012 Lead Case ("March 27 Opinion and Order"), this
Court found that at a duly-constituted Reform Party National
Committee meeting on February 12, 2000 in Nashville,
Tennessee, Pat Choate was duly elected as Interim National
Party Chair, and Thomas McLaughlin was duly elected as
Interim Treasurer. Gerald Moan had previously been duly
elected Reform Party Vice Chairman at a Reform Party
National Convention in July 1999, in Dearborn, Michigan.
Gerald Moan's position as Vice Chair was not disturbed by
either the Nashville National Committee meeting or the March
27 Opinion and Order. Sometime in April 2000, Pat Choate
was forced to resign as Interim National Chair (because of
personal reasons) and pursuant to the Reform Party
Constitution, Gerald Moan succeeded Pat Choate as Interim
National Chair.
10. At the time of the Long Beach Nominating Convention,
described below, Moan and McLaughlin possessed the
authority and were bound by the duties conferred on the
Reform Party National Chairman and National Treasurer by the
Reform Party Constitution and federal law.
11. These powers and duties include the National Chairman's
authority to "preside over meetings of the Executive
Committee, National Committee and the National Convention
and act on behalf of the Party to carry out the resolutions of
the Executive Committee, the National Committee and the
National Convention subject to the provisions of this [Reform
Party] Constitution." Reform Party Const. Art. VIII § 2.
12. The powers and duties conferred by the Reform Party
Constitution and federal law on McLaughlin include the
National Treasurer's authority and duty to "have custody of the
Party funds and . . . keep full and accurate records thereof in
books belonging to the Party; deposit all monies and other
valuable effects to the name and to the credit of the Party in
such depositories s may be designed by the Executive
Committee; prepare and file required federal reports; disburse
funds in accordance with the resolutions of the Executive
Committee, the National Committee and the National
Convention subject to the provisions of this Constitution; report
on the financial status of the Party at each meeting of the
Executive Committee, the National Committee and the
National Convention." Reform Party Const. Art. VIII § 2(d).
The Long Beach Convention, August 2000
13. A Reform Party Executive Committee meeting was
convened on September 1, 1999, during which the committee
elected to hold the Party's 2000 Nominating Convention in
Long Beach, California. The convention site was chosen by a
two-thirds majority vote of the eleven-member Executive
Committee.
14. This Court has previously ruled that the February 2000
Nashville National Committee meeting was a valid meeting of
the National Committee. Opinion and Order at ¶ 36. At that
meeting, the National Committee voted overwhelmingly to ratify
the Executive Committee's decision to hold the Reform Party's
2000 Nominating Convention in Long Beach, California. Id. at ¶
25.
15. Pursuant to the Constitution, a National Committee
meeting may be called by the National Party Chair or by action
of one-fourth of all National Committee members. More than
30 days prior to the Nominating Convention, more than one-
fourth of the National Committee members called for a National
Committee meeting to be held in Long Beach on August 8,
2000. Then-Secretary James Mangia acknowledged at the
National Committee meeting that the meeting was properly
called and he appeared at the meeting. The National
Committee meeting was convened at 10:00 on August 8, 2000
at Westin Hotel in Long Beach.
16. As National Party Chairman, Gerald Moan called the
meeting to order; and seated as National Committee members
all persons who had been certified (as of August 2, 2000) as
National Committee members on the then-official Reform Party
website by then-Secretary Mangia. Approximately 160 National
Committee members were seated.
17. Despite the fact that he had, just days before, certified the
list of National Committee members, then-Secretary Mangia
stated that approximately 120 members were challenged. The
assertion of challenge was made without documentation or
verification. A state by state roll was taken, and Mangia
declared that there were only approximately 40 delegates in
attendance and the absence of a quorum, asserting that
anyone who was challenged was not there.
18. Pursuant to the Reform Party Constitution, the National
Secretary has no power to make "rulings." To the extent
Mangia attempted to do so, those attempted "rulings" were
overruled by Chairman Moan pursuant to his powers under the
Constitution. On an appeal, the body of approximately 160
National Committee members voted to overwhelmingly uphold
Chairman Moan's ruling that there was a quorum of National
Committee members present.
19. An issue subsequently arose as to which National
Committee members could vote on the individual challenges.
Chairman Moan ruled that every delegate could vote on any
challenge, so long as it was not a challenge involving their
respective their state members. Mangia sought a "ruling" from
the parliamentarian as to which members could vote on the
challenges. The Parliamentarian "ruled" that only the
approximately 40 unchallenged delegates could vote.
Chairman Moan ruled that the role of the parliamentarian,
consistent with Roberts Rules of Order, was to advise the
Chair, and that he had heard the advice of the parliamentarian
and rejected it. Chairman Moan's ruling on that issue was
appealed, and the body overwhelmingly upheld Chairman
Moan's ruling.
20. Subsequently, there was a challenge to the Colorado
delegation which was resolved by the body. Unhappy with
rulings of the Chair and rulings of the body as a whole,
Defendant DeBauche, Mangia, and those affiliated with them,
declared the meeting illegal and left the room.
21. By leaving the room, Defendant DeBauche and those
acting in concert with her, by leaving the room, waived the right
to to challenge the seating of National Committee members.
22. The meeting proceeded to hear challenges from the floor.
The body resolved all of those challenges thereby ending the
credentialing process of the National Committee Meeting and
the National Committee Meeting was then opened for
substantive business. Included in the business portion of the
meeting was a resolution by the body of the National
Committee members that the resolutions of the Executive
Committee dated from July 5, 2000, including the July 28, 2000
resolutions of the Executive Committee (one of which
attempted to invalidate the candidacy of Patrick J. Buchanan),
were void ab initio.
23. Acting as the body, the National Committee also reaffirmed
the power of the Chair to appoint Committee Chairs over the
objection of the Executive Committee, and affirmed Frank Reed
as the Chair of the Credentials Committee. Further, the
members validated the earlier election of Kelly Apt as the
Southwest Regional Representative on the Executive
Committee, and invalidated the prior Executive Committee
resolution which had replaced Apt with Paul Truax. Similarly,
the members approved Timothy Hallinan as the Midwest
Regional Representative on the Executive Committee,
replacing LuAnn Jones.
24. When its substantive business was concluded, the
National Committee meeting was called to a close.
25. On Wednesday, August 9, 2000, the Credentialing
Committee of the National Convention, Chaired by Frank Reed,
was to meet to address the challenges to the delegates for
purposes of the Nominating Convention. When the
Credentialing Committee attempted to meet in its designated
meeting room at the Long Beach Convention Center, persons
acting in concert with Defendant DeBauche, including Dorothy
Drew, entered the meeting room and refused to leave when
requested to do so.
26. When Drew and the others with her refused to leave the
room, Chairman Moan affirmed Credentialing Chair Reed's
power to choose members of the Credentialing Committee.
Reed and his committee thereafter abandoned the meeting
room and conducted their meeting in a room down the hall, and
the television cameras followed them to be alternate meeting
room. Having lost their television coverage, Drew and her
group left the room, joined up with approximately 100
supporters of Defendant Hagelin, and staged a demonstration
in the hallway. This demonstration was eventually controlled
by Convention Center security and the Long Beach Police
Department.
27. Thereafter, Drew and her group set up a table in the hall,
and declared themselves the credentialing committee.
28. The Nominating Convention opened on Thursday, August
10, 2000. While the Reform Party administrative staff was in
the process of issuing credentials to delegates, the main
convention meeting room was not yet opened. Defendant
DeBauche, Mangia, and approximately 100 to 150 persons
acting with them ("the DeBauche Faction") attempted to force
their way into the locked room, which attempt was stopped by
Convention Center security and members of the Long Beach
Police Department. After that, the DeBauche Faction staged
another demonstration, which was again controlled by
Convention Center security and the Long Beach police
department. Thereafter, the DeBauche Faction left the
Convention Center.
29. The Nominating Convention was thereafter called to order
by Chairman Moan. The body heard and resolved challenges
to the credentialing, but the DeBauch Faction never made any
attempt to attend the Convention or be heard on any
challenges to the credentialing process or the seating of
delegates. Thereafter, the Convention was open for substantive
business without any further attempt at participation by the
DeBauche Faction, who thereby waived their right to challenge
any of the rulings of the National Convention.
30. Prior to the Nominating Convention, Reform Party
members participated in a mail-in nominating procedure.
Without knowing the results of that process, and as the
supreme governing body, the official Nominating Convention
voted to disregard the mail-in procedure, and instead
nominated Patrick J. Buchanan as the Presidential candidate
by a roll call vote of the Convention delegates. Ezola Foster
was nominated as the Party's Vice-presidential candidate.
Pursuant to the Constitution, the National Convention also
elected its National Officers: Gerald Moan as Chairman; Frank
Reed as Vice Chairman; Alexander as Secretary; and Thomas
McLauglin as Treasurer. James Mangia was recalled as the
Secretary.
31. Upon information and belief, the DeBauche Faction, and
Defendants Hagelin and others acting in concert with them,
organized a "rump convention" which was held across the
street from the official Reform Party Nominating Convention,
which was being presided over (as described above) by Reform
Party Chairman Gerald Moan.
32. During the course of the rump convention, the participants
obtained the mail-in ballots which resulted from the mail-in
nominating process. The rump convention proceeded to count
the mail-in votes counted, and Patrick J. Buchanan won by a
margin of approximately 2 to 1. Upon information and belief,
unhappy with that result, the rump convention simply
invalidated every Buchanan vote, and declared Defendant
Hagelin the winner of the mail-in voting, and purported to
nominate Defendant Hagelin as the "Reform Party" Presidential
candidate.
THE DAMAGE TO THE REFORM PARTY
33. Subsequent to the rump convention, Defendant Debauche
and Defendant Hagelin, and others acting in concert with them,
have embarked on a campaign to destroy the Reform Party, to
control its communication apparatus, including what had been
its "official" website, and to take whatever steps are necessary
to destroy the candidacy of Patrick J. Buchanan and Ezola
Foster.
34. The foregoing conduct is causing irreparable harm to the
Reform Party. Because of the Defendants' control of the
website, Chairman Moan is deprived of his ability to
communicate with Reform Party members and the state
Chairmen through the website reflectors. The Defendants and
others acting in concert with them are issuing statements to
the press and over the website that Defendant Hagelin is the
"official" Reform Party Presidential candidate; they have also
issued a statement on the website that:
No affiliated State Party may offer or place any other person or
candidate on the ballot as a Reform Party candidate for the
office of President or Vice President other than [Hagelin]. Any
individual attempting to certify any other candidate is not acting
as a legitimate agent of a Reform Party affiliates and their
contents or actions have no force or affect.
In addition, in the State of North Carolina, persons acting in
concert with the Defendants have contacted the state Election
Commission to place Defendant Hagelin on the ballot as the
Reform Party candidate. The Associated Press has reported
that according to the North Carolina state elections director,
the "state board could accept the Hagelin certification and wait
for a court to decide which candidate is the nominee." Upon
information and belief, Defendants and others acting in concert
with them are making similar attempts throughout the country
to improperly place Defendant Hagelin on the state ballots. As
a result, the Reform Party and its rightful candidates,
Buchanan and Foster, are being denied access to the state
ballots to which they are rightfully entitled. If the Party and its
rightful candidates are denied ballot access, the Party's status
as a minor political party entitled to FECA funds is in jeopardy,
which constitutes immediate and irreparable harm to the Party.
COUNT I
(DECLARATORY JUDGMENT AS TO DEFENDANTS
HAGELIN AND DEBAUCHE
and INJUNCTIVE RELIEF)
22. Paragraphs 1 through are incorporated by reference.
23. Pursuant to the rules and Constitution of the Reform
Party, on August 12, 2000, the National Convention nominated
Patrick J. Buchanan as the Presidential candidate of the
Reform Party; Ezola Foster was nominated as the Party's Vice-
Presidential candidate.
The rump convention held by Defendants and others acting in
concert with them was in violation of the Reform Party
Constitution, and without legal force and effect.
Despite the fact that Buchanan and Foster were properly
nominated as the Reform Party Presidential and Vice
Presidential candidates, the Defendants, and others acting in
concert with them, are attempting, through control of the
website, through threats to the state parties, and through the
news media, to invalidate the candidacy of the rightful
candidates, by falsely asserting that Defendant Hagelin is the
Reform Party candidate.
As a result of the foregoing conduct, the Reform Party
continues and will continue to suffer irreparable injury, as set
forth above, if injunctive relief is not granted.
30. There is substantial likelihood that Plaintiff Reform Party
will succeed on the merits of this action.
31. Denial of injunctive relief will cause greater injury to
Plaintiff Reform Party than granting injunctive relief will cause
to Defendants.
32. Injunctive relief will serve the public interest, in that it will
prevent Defendants from misleading the public about the
identity of the duly-nominated candidates of the Reform Party;
it will prevent Defendants from harming the reputation of the
Plaintiff, including its capacity to generate monetary
contributions, and in regard to federally regulated funds, and it
will allow Plaintiff Reform Party to meaningfully participate in
the November 2000 elections.
WHEREFORE, the Reform Party seeks a declaration that
Patrick J. Buchanan and Ezola Foster are the properly
nominated candidates of the Reform Party; that the rump
convention was a nullity; and that Defendant Hagelin is not the
nominee of the Reform Party. Plaintiff Reform Party also seeks
a Temporary Restraining Order and a Preliminary and
Permanent Injunction directing Defendants Sue DeBauche and
John Hagelin, and their representatives, agents, servants,
employees and attorneys, any and all persons acting in
concert with them, are hereby enjoined from acting as officers,
authorized representatives, or candidates of Plaintiff, and shall
hereby immediately cease and desist from any and all
activities in such representative capacity, including, but not
limited to:
(1) solicitation of donations on behalf of the Reform Party of the
United States;
(2) distribution of Press Releases on behalf of the Reform Party
of the United States;
(3) operation of a web-site on behalf of the Reform Party of the
United States, including the site "reformparty.org", or any state-
related or linked web-site;
(4) expenditure of funds on behalf of the Reform Party of the
United States;
(5) solicitation of party members on behalf of the Reform Party
of the United States America;
(6) efforts to have John Hagelin listed on state ballots as the
official candidate of the Reform Party of the United States of
America, or representing John Hagelin as the proper candidate
of the Reform Party;
(7) making any use of the name of the Reform Party of the
United States of America or any substantially similar variant or
derivation thereof;
(8) making use of any logos, non-textual trademarks or service
marks belonging to the Reform Party of the United States of
America, and
(9) making any other oral, written or electronic communication
in a representative capacity on behalf of the Reform Party of
the United States of America; and for such other and further
relief as the Court deems just and proper.
COUNT II
(DECLARATORY JUDGMENT - INJUNCTIVE RELIEF)
25. Paragraphs 1 through 24 are incorporated by reference.
26. At the Long Beach Convention, and pursuant to the
Reform Party Constitution, the National Convention elected its
National Officers: Gerald Moan as Chairman; Frank Reed as
Vice Chairman; Alexander as Secretary; and Thomas
McLauglin as Treasurer. James Mangia was recalled as the
Secretary.
VERIFICATION
Under penalties of perjury, the foregoing is true to the best of
my knowledge and information.
Gerald Moan
Respectfully submitted,
COOTER, MANGOLD, TOMPERT
& WAYSON, P.L.L.C.
________
Dale A. Cooter, #24373
James E. Tompert, #25883
5301 Wisconsin Avenue, N.W.
Suite 500
Washington, D.C. 20015
(202) 537-0700
