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Accountability crime and punishment general freedom national politics & policies political challengers responsibility

Delegates Imprisoned

Can you go to jail for voting for the wrong person?

We may find out today, in a federal court in Richmond, Virginia. Judge Robert Payne will hear motions in the case of Correll v. Herring. Attorney General Mark Herring is being sued in his official capacity by Beau Correll, a Republican delegate who refuses to vote for Donald Trump.

Correll is the named plaintiff in this class action challenge to a Virginia statute that binds delegates attending presidential nominating conventions to vote for the plurality winner of their state party primary, which was Mr. Trump.

The penalty for not tallying for Trump? As much as a year behind bars. And a fine.

Correll’s attorney, David Rivkin with Baker & Hostetler, has asked the judge to issue an injunction blocking enforcement of the statute against Correll and all other Virginia delegates. The ruling wouldn’t affect delegates beyond Virginia, yet the implication would be obvious: state laws binding party delegates to vote according to the primary results are unconstitutional.

Trump supporters aren’t taking this lawsuit lightly; several have moved to intervene — on the side of the AG. They’re right to be concerned: a delegate revolt to dump Trump has been brewing for weeks. And the legal precedents are all on the side of political parties controlling their own nominating process, leaving state governments no legitimate role.

It’s long past time to break the crony connections between government and the two major political parties.

Let’s stop all taxpayer subsidies for party primaries and conventions. But let’s also recognize that the delegates meeting in convention should be free to do … well, whatever they choose. After all, it’s their party.

This is Common Sense. I’m Paul Jacob.

BIG PICTURE: Why the case really matters!

With the results of Correll vs. Herring, we may also find out if the Republican and Democratic (and Libertarian and Green) Parties are private organizations, with First Amendment protection for their freedom to associate without government interference. Nothing could be more heavy-​handed than threatening delegates with incarceration if they vote their conscience — or even follow the state party’s rules, which call for delegates to be awarded proportionately rather than winner-​take-​all as Virginia’s statute requires.

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Republican, convention, delegates, unbound,

 

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Accountability general freedom national politics & policies political challengers

The Primary Lie

Are we being lied to?

Donald J. Trump is the presumptive Republican nominee for president. So presumes the news media and Republican National Committee Chairman Reince Priebus, because all those delegates are bound to vote for Trump on the first ballot.

But what if Republican delegates convening this July aren’t bound. That’s the compelling case made by a new book, Unbound: The Conscience of a Republican Delegate,* written by Curly Haugland and Sean Parnell.

How does modern America get something so wrong, when it’s written down in black-​and-​white? Politicians don’t read the bills they enact and, apparently, politicos don’t read their party rules.

Except crazy ol’ Curly Haugland. The Republican National Committeeman from North Dakota reads and understands: convention delegates choose the nominee. In so doing, they are free to vote their conscience, unbound by primary or caucus votes, state party rules or even state law.

This information should anger voters. Political parties have a right to their own process, certainly, but not to pretend primary voters determine the winner, when they don’t.

Why the deception?

Well, the insiders and big-​time consultants, with sway at RNC headquarters, make millions on TV ad buys. Not so for a nomination determined by core activists at a state convention, who aren’t susceptible to the expensive tricks of the modern political trade.

The media has a financial interest, too — in more readers, listeners and viewers. If primaries are known as merely “beauty contests,” they fear folks will tune out, along with paying advertisers.

Instead, tune in, turn on and download Unbound. Find out what the media and the RNC won’t tell you.

This is Common Sense. I’m Paul Jacob.

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* Published by Citizens in Charge Foundation, the book can be downloaded for free here.

 


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Unbound, Curly Haugland, Sean Parnell, Republican, convention, Trump, book, pdf, Paul Jacob

 

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Accountability ballot access general freedom national politics & policies political challengers

Delegates Unbound

An article in Politico calls Curly Haugland a “rule-​mongering crank,” a “gadfly,” “stubborn” (twice), a “pain in the ass,” and a “pedantic curmudgeon.”

And merely in the first paragraph!

Who is this Curly fellow, you ask? Haugland’s a successful small businessman in Bismarck, North Dakota, and a member of the Republican National Committee. He’s also a no-​nonsense member of the party’s Rules Committee.

Long before Trump was an issue in the party (or even “in” the party), Mr. Haugland was urging Republican leaders to do something anathema to Washington-​types: follow the rules.

“The rule says, specifically,” Curly told CNBC, “that it’s a vote of the delegates at the convention to determine if there’s a majority, not a primary vote.… The media has created a perception that the voters will decide the nomination. Political parties choose their nominee, not the general public.”

The entire electorate chooses the president, of course, but it seems fair enough that parties choose their own nominee. They might be wise to do it through primaries including the broader public or through state conventions reserved to party members or any number of ways. But however done, it should be by the rules.

And without taxpayer money.

Delegates have been free to vote their conscience throughout the history of the GOP, from just prior to the Civil War, when Lincoln gained the nomination at a contested 1860 convention, until today. It’s been a rule. The only exception was in 1976, when President Ford’s campaign worked to change the rule, binding delegates to block Ronald Reagan’s insurgent candidacy. Coincidentally, the leader of that ’76 effort was Paul Manafort, who today is running Trump’s convention effort.

Curly Haugland’s beef isn’t with Trump, but with the media and the RNC leadership, for not telling folks the truth.

No telling if GOP delegates will vote their conscience in Cleveland, but thank you, Mr. Haugland, for speaking truth to power. Republican delegates may be listening.

This is Common Sense. I’m Paul Jacob.

 

P.S. If you missed the first two commentaries in this series, here they are:
Fat Lady Score – It’s a time for choosing.
Listen to Whom? – People in political parties have rights, too.


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Curly Haugland, voting, Republican, democracy, Donald Trump, illustration

 


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