WEATHINGTON SMITH

ATTORNEYS AT LAW

DAVID C. HANSON DIRECT DIAL: 404.524.1795
dhanson@weathingt0nsmith.com

July 24, 2015

Jason S. Weingartner

Chairman, Young Republican National Federation
PO. Box 16293

Arlington, VA. 22215

VIA EMAIL TO: jweingartner@nygop.org

RE: List of Delegates for the 2015 YRNF Convention
Mr. Weingartner:

It has come to my attention that the Young Republican National Federation (YRNF) is
denying access to the list of delegates to the 2015 YRNF convention to members in good
standing who have made lawful requests to inspect that list.

It is simply impossible for a fair, unbiased, Open election to be held when one slate of
candidates is systematically denied access to the names and contact information of all individuals
who are quali?ed to vote in that election. It is a fundamental premise of good governance that
elections be held on an equal playing field between all candidates. For an organization to
withhold such information is not only suspicious, it is unlawful. Speci?cally, Withholding the
names of members who are quali?ed to vote at a convention of the YRNF is directly contrary to
the law governing the YRNF.

As you know, the Young Republican National Federation is incorporated as a nonprofit
membership corporation in the District of Columbia] and thus is subject to the nonpro?t
corporation code of DC. The code requires that:

After ?xing a record date for a meeting, a membership corporation shall prepare an alphabetical
list of the names of all its members that are entitled to notice of that meeting of the members.
The list shall show the address of and number of votes each member is entitled to cast at the
meeting.

 

1 Initiar File Number: 973453.

191 PEACHTREE STREET, NE, SUITE 3900, ATLANTA, GEORGIA 30303 T: 404.524.1600 0 F: 404.524.1610


DC. Code In other words, the names and addresses of every member (in our
terms, all delegates to the Convention) who are entitled to vote at the convention must be
compiled by the YMF. It is my understanding that the YRNF Credentials Committee is in
possession of precisely this list.

In order to promote Open and transparent governance among all nonprofit corporations,
the code requires that the list of voting members ?shall be available for inspection by any
member, beginning 2 business days after notice ofthe meeting is given for which the list was
prepared and continuing through the meeting.? DC. Code (emphasis added). In
other words, any delegate to the 2015 Convention is entitled by law to inspect the delegate list.
Further, in addition to inspection, the delegate is entitled to copy the list at their own expense,
provided they do not use the list to send out commercial solicitations. 1623.; DC. Code 29-41307
(prohibiting use of the delegate list for commercial purposes). Since the delegate list here is
maintained electronically, obviously no cost would be associated with obtaining a copy.

The law also imposes penalties on an organization should it fail to comply with a lawful
request to inSpect the delegate list. Speci?cally, a membership corporation refuses to allow
a member or the member?s agent to inSpect the list of members before or at the meeting,? DC.
Code sanctions may be imposed by the Superior Court. These sanctions may
include a summary order allowing inspection, imposition of attorney?s fees and other costs, and
even a ?postpone[ment] of the meeting for which the list was prepared until the inspection and
copying is complete.? DC. Code 

I understand that you are concerned about the privacy of the contact information (e-mail,
phone number, etc) contained on the delegate list. This is certainly a legitimate concern, but it is
one already directly addressed by the law. The list cannot be used ?to solicit money or property
unless the money or property will be used solely to solicit the votes of the members in an
election,? or ?[u]sed for any commercial purpose? and ?nally it cannot be ?[s]old to or purchased
by any person.? DC. Code 

I hope the withholding of the delegate list is merely an oversight?wit is certainly
understandable that you are not intimately familiar with the legal requirements of the DC.
Nonpro?t Corporations Code. However, that law is unambiguous?Mme names and contact
information of all delegates able to cast a vote at the 2015 YRNF Convention must be made
available to any delegate upon request.

Finally, to avoid any and all doubt, I am hereby requesting, on behalf of Meagan Myers
Hanson, a delegate to the 2015 YRNF Convention and member of the Executive Board of the
YRNF, that the delegate list and contact information be immediately provided to Ms. Hanson
pursuant to the requirement ofD.C. Code 29405 .20.

In order to avoid the (hopefully) unnecessary headache and expense of involving the

Superior Court of DC, PLEASE RESPOND TO THIS LETTER BEFORE THE CLOSE
OF BUSINESS TODAY.



Please do not hesitate to contact me to discuss this matter further.
Regards,

SMITH, RC.

1    
3%?sagnsog ML

DCH/kwr

Cc: Meagan Hanson