Kennelly & Associates, LLC 10 TRUMBULL STREET HARTFORD, CONNECTICUT 06103, TELEPHONE 860.724.0650 Fax 860.724.0870 October 27, 2011 Dispute Resolution Committee 330 Main Street Hartford, Connecticut 06103 ‘Re: _Edwin Vargas v. Pedro Segarra Dear Members of the Committee: ‘Tam writing regarding the Complaint brought by Attomey Robert Ludgin on behalf of Edwin ‘Vargas against Mayor Pedro Segarra. Specifically, Mr. Vargas alleges a violation of Hartford Democratic Town Committee Rule Article VI, Section 4, Subsection 4. Mr. Vargas seeks to have ‘Mayor Segarra's endorsement revoked by the Democratic State Central Committee. ‘The rule in questions states in pertinent part: “ifhe should become a party-endorsed candidate of any other political party for the office for which he has received Town Committee endorsement he will file a letter of withdrawal relative to any such endorsement with the municipal clerk, in the case of municipal office, town committee member or delegate or with the secretary of the state in the case of state or district office, pursuant to Section 9-430 of the Connecticut General Statutes.” Standing Mr. Vargas lacks standing to bring the subject Complaint. The potentially aggrieved party is the Hartford Democratic Town Committee and it has no objection to Mayor Segarra accepting the crossnomination of the Hartford Republican party. The undersigned anticipates that arepresentative of the Hartford Democratic Town Committee (HDTC) will state that his client desires that the Dispute Resolution Committee not entertain Mr. Vargas’ complaint. Furthermore, it is the undersign’s understanding and belief that the HDTC holds that the interpretation and enforcement of ts local rules are the sole providence of the Hartford Democratic Town Committee. Mr. Vargas is not a member of the HDTC. Itis important for the Committee to note that the section of the rule cited by the petitioner does not revoke the Democratic party endorsement ab initio with the acceptance of an nomination by another political party. Instead it secks to have the candidate file a letter withdrawing from said Democratic endorsement. On the other hand, Subsection 3 states if the candidate is entered into a primary for another party nomination for any other municipal office elected on the same day, then that shall be deemed a renouncement of the original party endorsement. The difference is that Subsection 3 acts as an automatic revocation and Subsection 4 may require the enforcement of the Town Committee.In light of the fact that a violation of Subsection 4 can only be enforced by the Town Committee itself, it is therefore the only party that has standing to make a complaint regarding a violation of said rule. Mr. Vargas can not be aggrieved by the adherence or violation of a rule in which he does and can not play any role in enforcement. Due to Mr. Vargas’ lack of standing to bring this complaint, the Dispute Resolution Committee should dismiss it. ‘There Was No n Of The HDTC Rules Contrary to Mr. Vargas' complaint, Mayor Segarra has never been an endorsed candidate of the Hartford Republican Party. C.G.S.A. 9-390, outlines the process by which an individual becomes a “party-endorsed candidate”. In Hartford, both the Democratic and Republican Town ‘Committees determine “party-endorsed candidates” by a majority vote as outlined in C.G.S.A. Sec. 9-390 (a)(3); Town Committees. On July 21, 2011, Mayor Segarra became the “party-endorsed” candidate for Mayor in the 2011 election at the Hartford Democratic Town Committee convention. Pursuant to Connecticut General Statute 9-417 absent a timely filed primary petition, a party endorsed candidate "shall be deemed to have been lawfully chosen as the nominee or nominees of such party to such office..." Pursuant to Connecticut General Statute Section 9-460, "[iJf any party has nominated a candidate for office...and such nominee thereafter...withdraws such nominee's name or for any reason becomes disqualified to hold the office for which (1) such party or...the party designation committee may make a nomination to fill such vacancy..." On August 13,201 1, Mayor Pedro Segarra won a contested primary with Mr. Vargas. Upon operation of C.G.S.A. 9-444, Mayor Segarra became the party nominee of the Hartford Democratic Party for the office of Mayor. In the case at hand, Michael McGarry was the party endorsed candidate for the office of ‘Mayor at their town committee convention on July 21, 2011. C.GS.A. Sec. 9-405 allowed until August 10, 2011 for the filing of "candidacies of persons other than party-endorsed candidates...” ‘None were filed with the Republican registrar of voters. Therefore, in accordance with the language found in C.G.S.A. Sec. 9-417, Mr. McGarry transformed from the Republican party endorsed candidate into the Republican party nominee after 4pm on August 10, 2011. On September 20, 2011, the Executive Committee of the Hartford Republican Party, acting as its vacancy committee, replaced its party nominee for Mayor with Mayor Segarra. In so doing, Mayor Segarra became the party nominee of both the Democratic and Republican parties. Mayor Segarra became the Republican nominee after the date in which all endorsed candidates became nominees. Therefore, he at no time was the endorsed candidate of the Republican party. Mayor Segarra could only have been the endorsed Republican candidate for Mayor between July 21, 2011 (the date of the Republican convention) and September 13, 2011 (the certification of the winner of any contested primary). At the very latest after September 13, 2011, there were no longer any “party-endorsed candidates” and only nominees. Those party endorsed candidates who had no challengers file sufficient petitions by August 10, 2011 had already became nominees by statute,“Therefore, contrary to Mr. Vargas” complaint, Mayor Segarra was never the Republican party endorsed candidate. Article VI, Section 4, Subsection 4, only penalizes those individuals who choulé become a party-endorsed candidate of any other political party forthe office for which he has received Town Committee endorsement..”. Mayor Segarra was never the Republican party- endorsed candidate for Mayor as that position is determined by C.G.S.A. 9-390(@). ‘After September 13, 2011 there were no longer any “party-endorsed candidates” and therefore Mayor Segarra cold not have received such 2 designation on September 20, 2011. Since he way never the Republican “party-endorsed candidate”, Mayor Segarra violated none of the HDTC’s rules and this complaint should be dismissed. Primacy of State Statute In the subsequent thirty five years since the rule in question was last certified to the Connecticut Secretary ofthe State, state statute concerning nomination, endorsement and primaries has significantly evolved. C.G.S.A Sec. 9-460 speaks to the withdrawal procedure for party ominces. Specifically it states that [i] any party has nominated a candidate for office, and such orvinve thereafter. .dies, withdraws such nominee's name or for any reason becomes disqualified ty hold the office for which such nominee has been nominated.” the party may select another nominee up to twenty four hours before the polls open. itis clear that Mayor Segarra is alive and is qualified to hold the office of Mayor of the City of Hartford, Therefore, the Dispute Resolution Committe is being asked to direct the Hartford Democratic Town Committee to withdraw his name as its nominee for Mayor. Ignoring for the eesment that the Town Committee has informed this Committe that it does not wish to do so or the absence of any power of the Dispute Resolution Committee to enforce such an edict, there remains ne critical element to Mr. Segarra no longer being the nominee: his permission, “The statute which dictates how nominations shall be removed, withdrawn and replaced states “unequivocally that "injo withdrawal, and no nomination to replace a candidate who has withdrawn, ander this section shall be valid unless the candidate who has withdrawn has filed a letter of withdrawal signed by such candidate..with the municipal clerk in the case of municipal office.” Mayor Segarra as not and will not fle any such letter of withdrawal even if this committee was to order the Hartford Democratic Town Committee to strip him of his nomination. ‘Therefore, no matter what actions this Committee takes, it lacks the authority to unilaterally remove Mayor Segarra a the party nominee. It is state statutes, not the local and state central rules ‘Shieh dictate how an individual becomes and remains a party nominee. In the case before you, the statute is clear that Mayor Segarra, pursuant to statute, not this committee, possesses the power to determine who shall remain the party nominee. ‘Absent the power to grant the relief sought by the complainant, the Committee should dismiss this claim as being beyond their authority.