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New York State Democratic Committee
Chairman Jay Jacobs
420 Lexington Ave
New York, NY 10170

Dear Jay,

The undersigned are very concerned about comments of yours that were published in the New York Times. You apparently stated that super delegates should choose a nominee they believed had the best chance of defeating Mr. Trump if no candidate wins a majority of delegates during the primaries. Specifically, it is reported that you stated that, “Bernie wants to redefine the rules and just say he just needs a plurality...I don’t think we buy that. I don’t think the mainstream of the Democratic Party buys that. If he doesn’t have a majority, it stands to reason that he may not become the nominee.”

We, the undersigned, want you to know that what the PEOPLE of this Party will not tolerate is a convention through which our "leaders" rig the system and replace the WILL OF THE PEOPLE with what they consider to be their infinite wisdom- WE THE PEOPLE have been through that before and the undersigned warn you, and the other leaders of OUR party, that nothing that undermines the WILL OF THE PEOPLE will be tolerated. We the undersigned believe that protecting OUR planet, ensuring economic equality, restoring economic justice, and renewing our democratic institutions is of vital importance. We fear that interests other than these might inform the will of the super delegates. Thus, We the undersigned are urging you to protect the will of the people and we warn you that anything else will lead to a dire situation.

It is important to remind you of the core principles of our party- The “Preamble” of the DNC Charter reads as follows:

“We, the Democrats of the United States of America, united in common purpose, hereby rededicate ourselves to the principles which have historically sustained our Party. Recognizing that the vitality of the Nation’s political institutions has been the foundation of its enduring strength, we acknowledge that a political party which wishes to lead must listen to those it would lead, a party which asks for the people’s trust must prove that it trusts the people and a party which hopes to call forth the best the Nation can achieve must embody the best of the Nation’s heritage and traditions. What we seek for our Nation, we hope for all people: individual freedom in the framework of a just society, political freedom in the framework of meaningful participation by all citizens. Bound by the United States Constitution, aware that a party must be responsive to be worthy of responsibility, we pledge ourselves to open, honest endeavor and to the conduct of public affairs in a manner worthy of a society of free people. Under God, and for these ends and upon these principles, we do establish and adopt this Charter of the Democratic Party of the United States of America.”

It is protecting those core values that is of prime importance to the undersigned.

We the undersigned also believe that the super delegate rule isn't even legal on its face. The establishment of the super delegates was incorporated into the Charter via the following language: “SECTION 4. The National Convention shall be composed of delegates equally divided between men and women. The delegates shall be chosen through processes which:

g. prohibit unpledged and uncommitted delegates, except delegates or alternates expressing an uncommitted preference shall be permitted to be elected at the district level, in which event, if such preference meets the applicable threshold and qualifies for at-large or similar delegates or alternates, such at-large or similar delegates or alternates shall be allocated to that uncommitted preference as if it were a presidential candidate.”

h. notwithstanding any provision to the contrary in this Section:

i. provide for all of the members of the Democratic National Committee to serve as unpledged delegates, ii. permit unpledged delegates consisting of: 1) the President and Vice President of the United States, if Democrats, 2) the Democratic members of the United States Senate and the Democratic members of the House of Representatives, 3) the Democratic Governors, 4) former Democratic Presidents and Vice Presidents of the United States, 5) former Democratic Majority and Minority Leaders of the United States Senate, 6) former Democratic Speakers and MinorityLeaders of the United States House of Representatives, 7) former Chairs of the Democratic National Committee, 8) such delegates shall not be permitted to have alternates and such delegates shall constitute an exception to Subsection (b) of this Section 4.

“It has long been the rule that ambiguities in a contractual instrument will be resolved contra proferentem, against the party who prepared or presented it” Hence, a contract which is internally inconsistent in material respects or that reasonably lends itself to two conflicting interpretations is subject to the rule invoking strict construction of the contract in the light most favorable to the nondrafting party.” Natt v. White Sands Condominium 95 A.D.3d 848, 943 N.Y.S.2d 231 N.Y.A.D. 2 Dept.,2012. May 01, 2012.

As you will notice, the language “notwithstanding any provisions to the contrary in this Section” protects this provision from this specific Section, however it does not protect the “super delegate” rule from the rest of the Charter, nor other rules, nor the spirit of which this rule is in conflict with.

For all of these reasons, we the undersigned urge you and all of the other leaders of the DNC to communicate with us and wield your power in a way that will reinvigorate our Party by recommitting to the power of the people and not the power of the powerful.

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