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MEMORANDUM

TO: Ronnie Whitaker


Executive Director, Republican Party of Florida

FROM: Jason Gonzalez


General Counsel, Republican Party of Florida

DATE: April 19, 2010

RE: Party Loyalty Oath – Candidates Running with No Party Affiliation

At your request, I have prepared the following memorandum involving the interpretation
of Republican Party of Florida Rule 9 (Party Loyalty Oath). You specifically asked me to
determine whether the Party Loyalty Oath would allow state and county executive committee
members to support a registered Republican running with no party affiliation in a general
election over the candidate nominated in the Republican primary election. As described below,
my conclusion is that the Party Loyalty Oath forbids Republican Executive Committee members
from supporting any candidate other than the candidate nominated by the voters of the
Republican Party through its primary election.

The Republican Party of Florida requires members of all political party committees
organized under the RPOF to abide by a Party Loyalty Oath. The loyalty oath is contained in
Rule 9 of the RPOF Rules of Procedure. The Rule provides, in relevant part, that

Members of all political party committees, and the National


Committeeman and Committeewoman, shall before taking office,
establish by written oath or affirmation that during their term of
office they will not actively, publicly, or financially support the
election of any candidate other than the Republican candidate in a
partisan unitary, general or special election, or a Registered
Republican in non-partisan elections, other than Judicial races
governed under Florida Statute 105, if there is a registered
Republican running for the same office, unless the county
executive committee has taken an affirmative vote to endorse one
Republican over another per Rule 8(B). The written oath or
affirmation will also state that they will not engage in activities or
conduct deemed by the Grievance Committee and affirmed by the
RPOF Chairman as likely to injure the name of the Republican
Party or interfere with the activities of the Republican Party.

At the heart of the Party Loyalty Oath is the requirement that members of the Republican
Party of Florida’s Executive Committees – from precinct committeemen and committeewomen
in each county all the way up to the national committeeman and committeewoman – cannot
provide their active, public, or financial support to any candidate other than “the Republican
candidate” in a general election. The requirement of party loyalty is appropriate given the
leadership roles within the party performed by executive committee members.

RPOF Rule 9 contains a few limited exceptions to its general requirement that members
support “the Republican candidate.” For “non-partisan” races, in which no partisan primary is
held and in which the party affiliation of the candidates does not appear on the ballot, the loyalty
oath requires executive committee members to refrain from supporting any candidate other than
a registered Republican (if there is a registered Republican running for the office). Because
judicial races are specifically exempted from the loyalty oath, executive committee members
may support judicial candidates of their choosing without regard to political party affiliation.

The final requirement of Rule 9 relates to Republican primary elections. In a contested


primary, Rule 9 prohibits executive committee members (in their official capacities) from
supporting one Republican candidate over another unless the county executive committee has
formally voted to endorse that candidate under RPOF Rule 8(B).

In sum, Republican Party of Florida Rule 9 prohibits any member of the Republican State
Executive Committee or of any County Executive Committee from “actively, publicly, or
financially” supporting a candidate running with no party affiliation over “the Republican
candidate” chosen in the primary election. Any member who fails to formally revoke his or her
public support and request the return of any contributions made to a candidate running against
the candidate of the Republican Party would be in violation of the RPOF Rules and would be
subject to removal from party office and membership on Republican executive committees.

Please do not hesitate to call should you have any questions.

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