Tag: delegates

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crime and punishment First Amendment rights general freedom initiative, referendum, and recall nannyism national politics & policies political challengers responsibility too much government

A Private Party

Donald Trump, delegates, unbound, convention, crime, vote

Virginia delegate Beau Correll won’t cast his first ballot vote at the Republican National Convention for Donald Trump, and won’t go to jail, either.

As discussed last Thursday, at issue is a state statute requiring* delegates to vote for the plurality winner of the party’s primary. On the Republican side, that’s Mr. Trump. Yesterday, Federal Judge Robert Payne ruled the law unconstitutional, no law at all, because it violates Correll’s First Amendment rights to speak and associate politically.

“In sum, where the State attempts to interfere with a political party’s internal governance and operation,” the federal judge wrote, “the party is entirely free to ‘cancel out [the State’s] effort’ (Def. Resp. 28) even though the state has expended financial and administrative resources in a primary.”

Love ’em or hate ’em, political parties are private associations, properly protected by the First Amendment.

But is it fair to hold primary elections, at taxpayers’ expense, and then ignore the votes of so many people?

Easy answer: NO.

Sure, Judge Payne correctly struck this statute, but it doesn’t follow that states must foot the bill for party primaries and national conventions or provide legal preference. Up to now, incumbent politicians have quietly legislated a relationship of too-​friendly collusion between government and the major parties.

It’s time for citizens to look at initiatives to mandate separation of political party and state.

More immediately, the implications for the coming GOP convention in Cleveland are obvious and far-​reaching. “The Court’s decision,” as Correll’s attorney David Rivkin summarized, “follows more than 40 years of precedent in firmly rejecting Donald Trump’s legal opinion that delegates are obligated by law to vote for him.”

The delegates are free.

This is Common Sense. I’m Paul Jacob.

 

* Penalty for non-​compliance? One year in prison.

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Donald Trump, delegates, unbound, convention, crime, vote

 

Original photo credit: Gage Skidmore on Flickr

 

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

Delegates Imprisoned

Republican, convention, delegates, unbound,

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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Accountability general freedom national politics & policies political challengers

The Primary Lie

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

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.

=========================

* 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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insider corruption political challengers

As Goes Maine

On Monday I reported on the Ron Paul campaign’s “open secret” strategy: Gaining delegates in the caucus states, while letting the caucus-​night straw poll numbers basically take care of themselves. The “popular” vote on caucus nights in states like Iowa and Minnesota and Maine may show Santorum or Romney as a winner, but the Ron Paul folks are picking up the actual, nomination-​effective delegates.

Meanwhile, GOP insiders continue to work openly and sub rosa against the Paul candidacy, as is now pretty clear in Maine. Business Insider reports that

  • “Mitt Romney’s 194-​vote victory over Ron Paul was prematurely announced, if not totally wrong”;
  • “Washington County canceled their caucus on Saturday on account of three inches of snow (hardly a blizzard by Maine standards), and other towns that scheduled their caucuses for this week have been left out of the vote count”;
  • “nearly all the towns in Waldo County — a Ron Paul stronghold — held their caucuses on Feb. 4, but the state GOP reported no results for those towns. In Waterville, a college town in Central Maine, results were reported but not included in the party vote count”;

… and on and on and on.

The open conspiracy of deliberately under-​reporting Ron Paul votes may be more than matched, however, by the open secret of the Ron Paul delegate strategy, with the Paul campaign now believing “it has won the majority of Maine’s delegates.”

Real change is, apparently, a messy thing. And preventing it … even messier.

This is Common Sense. I’m Paul Jacob.

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ballot access political challengers

Something Up His Sleeve

In 2008, Republican insiders in a number of states worked mightily to ensure that presidential candidate Rep. Ron Paul met with no success. So, this time around, his campaign has trained supporters in the caucus states to act like insiders.

What’s the secret?

“There were no actual delegates rewarded in last Tuesday’s voting,” Greg Gutfeld clarified on Red Eye, his late-​night Fox News show. The votes reported on caucus night are not the votes that count, the ones that elect delegates. Instead, the delegates — who go on to pick other delegates to go to the state convention and then the national convention, and ultimately choose the GOP candidate — are picked later, after many caucus attendees have gone home for the night.

Ron Paul’s supporters stick around. And vote themselves in as delegates.

“We do have to remember,” Ron Paul has gloated, that “the straw vote is one thing, but then there’s one other thing called delegates, yeah!”

News sources consistently report caucus night straw vote totals, but rarely mention that such caucus polling is relevant only for perceptions of “momentum.” The actual candidate selection mechanism? Something else again.

Indeed, it looks like a majority of Minnesota delegates, as well as surprisingly high percentages in Iowa, Colorado and Nevada, may actually end up supporting Ron Paul for President.

Un-​democratic? Paul supporters are unashamed of their strategy, as campaign senior advisor Doug Wead happily explained to Rachel Maddow. As they see it, they are only acting according to the rules that usually serve to favor insiders in the GOP boys’ club.

This is Common Sense. I’m Paul Jacob.