Federal Court Sides With Grassroots Activists: RNC Delegates Are Bound to Follow Election Results

[Mechanicos]

Federal Court Sides With Grassroots Activists: RNC Delegates Are Bound to Follow Election Results
Delegates Remain Committed to Donald J. Trump;  Anti-Trump Effort Dealt Crippling Blow

(New York) July 11, 2016 – Senior United States District Judge Robert E. Payne today ruled in favor of Trump campaign delegates who had argued – in line with overwhelming public opinion – that RNC delegates must follow election results and that delegates cannot be stolen at the national convention. Delegate Beau Correll, Jr., had brought the suit against the Commonwealth of Virginia hoping to reject the will of the voters, but was soundly defeated.


Specifically, the Court found that RNC Rule 16, which binds delegates based on their election results, “is in effect presently and that it controls the allocation and binding of delegates as to their voting at convention.” (p. 6) The Court held that the Plaintiff’s “expert testimony” from Erling ‘Curly’ Haugland was not credible, lacked “textual support,” (p.6) and that “delegates are bound by RNC Rule 16.” (p. 7)


Further, the Court found that by signing the “Declaration and Statement of Qualification,” RNC delegates are bound by RNC Rule 16(c)(2) (p. 10), and that this Declaration obligated Correll to vote in accordance with Republican Party rules and Virginia’s election results. (p. 46)


Trump Campaign Attorney and former FEC Chairman Don McGahn issued the following statement:


"The court has confirmed what we have said all along: Rule 16 is in effect and thus delegates, including Correll, are bound to vote in accordance with the election results. The court did not buy what Curly Haugland was selling, and noted that his testimony has no support in the rule's text and was contradicted by his own book, Unbound. This case puts his unbound theory to rest, and is a fatal blow to the Anti-Trump agitators.”

https://www.donaldjtrump.com/press-releases/federal-court-sides-with-grassroots-activists-rnc-delegates-are-bound-to-fo

[sinkspur]

What a bunch of bullshit.  What Correll brought suit against was a state law which the Virginia GOP was attempting to use to FORCE delegates--under the threat of state law--to be bound to the candidate with the most votes. 

The Federal judge said no, that the delegates can vote their consciences.  This was a huge win for the anti-Trump folks.

[Wingnut]

https://www.donaldjtrump.com/press-releases/federal-court-sides-with-grassroots-activists-rnc-delegates-are-bound-to-fo

Trump clickbate PR.... 

You are slipping boy. 

[L9teen]

And here's a Cruz supporter watching a Trump supporter

[Gov Bean Counter]

Trump clickbate PR....  SRLSY.

You are slipping boy.

Donny boy must have given the ruling to Eric the slope headed mouth breather to interpret.

[L9teen]

Trump clickbate PR.... 

You are slipping boy.

Made me think of this...

[Fantom]

Federal Court Sides With Grassroots Activists: RNC Delegates Are Bound to Follow Election Results
Delegates Remain Committed to Donald J. Trump;  Anti-Trump Effort Dealt Crippling Blow

(New York) July 11, 2016 – Senior United States District Judge Robert E. Payne today ruled in favor of Trump campaign delegates who had argued – in line with overwhelming public opinion – that RNC delegates must follow election results and that delegates cannot be stolen at the national convention. Delegate Beau Correll, Jr., had brought the suit against the Commonwealth of Virginia hoping to reject the will of the voters, but was soundly defeated.


Specifically, the Court found that RNC Rule 16, which binds delegates based on their election results, “is in effect presently and that it controls the allocation and binding of delegates as to their voting at convention.” (p. 6) The Court held that the Plaintiff’s “expert testimony” from Erling ‘Curly’ Haugland was not credible, lacked “textual support,” (p.6) and that “delegates are bound by RNC Rule 16.” (p. 7)


Further, the Court found that by signing the “Declaration and Statement of Qualification,” RNC delegates are bound by RNC Rule 16(c)(2) (p. 10), and that this Declaration obligated Correll to vote in accordance with Republican Party rules and Virginia’s election results. (p. 46)


Trump Campaign Attorney and former FEC Chairman Don McGahn issued the following statement:


"The court has confirmed what we have said all along: Rule 16 is in effect and thus delegates, including Correll, are bound to vote in accordance with the election results. The court did not buy what Curly Haugland was selling, and noted that his testimony has no support in the rule's text and was contradicted by his own book, Unbound. This case puts his unbound theory to rest, and is a fatal blow to the Anti-Trump agitators.”

https://www.donaldjtrump.com/press-releases/federal-court-sides-with-grassroots-activists-rnc-delegates-are-bound-to-fo

So you and this judge(SCOTUS too)  agree that delegates are bound by RNC rules.

Rules they have yet to vote on.

Likewise, I understand that Delegates have not really been bound since the 70's.  And there is no actual penalty under law .. or RNC rules if they vote there conscience.

Why, oh why are you so afraid Mech... of the process working?

[Fantom]

And here's a Cruz supporter watching a Trump supporter

Heh.. I like.

[Right_in_Virginia]

What a bunch of bullshit.  What Correll brought suit against was a state law which the Virginia GOP was attempting to use to FORCE delegates--under the threat of state law--to be bound to the candidate with the most votes. 

The Federal judge said no, that the delegates can vote their consciences.  This was a huge win for the anti-Trump folks.

Nope.  The  court's opinion in Correll's case acknowledged that it "lacks jurisdiction" to rule on the discussion of a conscience clause and further said, "the 'conscience voting' theory is not ripe for decision."  Further, the party has the jurisdiction to set its own rules on how delegates are distributed---which means all delegate votes are bound by RNC rules.

However, Mr. Correll, and only Mr. Correll, is protected from any prosecution.  That's his victory.

For the link and full article, visit TCG Forum--if so moved.

[Right_in_Virginia]

TTTT

[Fantom]

However, Mr. Correll, and only Mr. Correll, is protected from any prosecution.  That's his victory.

For the link and full article, visit TCG Forum--if so moved.

Wrong.. equal protections. A ruling for one is a ruling for all.

[sinkspur]

Nope.  The  court's opinion in Correll's case acknowledged that it "lacks jurisdiction" to rule on the discussion of a conscience clause and further said, "the 'conscience voting' theory is not ripe for decision."  Further, the party has the jurisdiction to set its own rules on how delegates are distributed---which means all delegate votes are bound by RNC rules.

However, Mr. Correll, and only Mr. Correll, is protected from any prosecution.  That's his victory.

For the link and full article, visit TCG Forum--if so moved.

Baloney.  Equal protection means that ALL DELEGATES are protected from prosecution. And no DA would prosecute a friggin' delegate to a convention anyway.  How silly.

Besides, your bleep is still being an bleep:



This frees delegates to vote their conscience, since there is no "punishment" from party delegations of the delegates do so.

[ABX]

Wow, I've never seen spin so opposite of reality since Obama promised to reduce healthcare costs.

[Right_in_Virginia]

Baloney.  Equal protection means that ALL DELEGATES are protected from prosecution. And no DA would prosecute a friggin' delegate to a convention anyway.  How silly.


This frees delegates to vote their conscience, since there is no "punishment" from party delegations of the delegates do so.

The RNC has jurisdiction and the delegates are bound by RNC rules.   

[sinkspur]

The RNC has jurisdiction and the delegates are bound by RNC rules.

Rules they are yet to vote on.  And, what if they don't obey those rules?  What's Priebus going to do?  Especially if  Trump doesn't win on the first ballot?

There are no "laws" that obligate anybody to do anything.  This victory in this lawsuit is going to give a lot of people a lot of courage to walk away from Trump.

I can understand your nervousness.  All bets are off.

[Mechanicos]

What a bunch of bullshit.  What Correll brought suit against was a state law which the Virginia GOP was attempting to use to FORCE delegates--under the threat of state law--to be bound to the candidate with the most votes. 

The Federal judge said no, that the delegates can vote their consciences.  This was a huge win for the anti-Trump folks.

No they cannot vote their conscious @sinkspur they are bound by National Rules and their agreement with the State Party  The State government cannot enforce the statute but their State Party Agreement and the National Rules bind them to vote for Trump There were 3 sets of rules binding them. The State one which mainly existed to fund their costs, the State Party rules that they signed an agreement with and the national rules that also bind them.

[Wingnut]

TTTT

R_in_V  I'm sorry but you must be lost.  This isn't the Trump Caucus Group Forum.   No need to "Bump" a topic over here to be sure it is read.  Ignored,  Yes.  Read, No

[Fantom]

The RNC has jurisdiction and the delegates are bound by RNC rules.

Rules which are yet to be voted on. Last years rules are only a "suggestion" if I may borrow a trumpism.

So what have we learned.

1) That the Courts say that RNC rules rule.
2) That those rules have yet to be voted on.
3) So the last Rules, rule until they no longer rule....28 votes on the "Rules" committee brings it to the floor.
4) There... the majority rules.

An interesting read on this.

http://www.nationalreview.com/article/436428/republican-convention-delegates-not-bound-donald-trump

[Mechanicos]

Rules which are yet to be voted on. Last years rules are only a "suggestion" if I may borrow a trumpism.

So what have we learned.

1) That the Courts say that RNC rules rule.
2) That those rules have yet to be voted on.
3) So the last Rules, rule until they no longer rule....28 votes on the "Rules" committee brings it to the floor.
4) There... the majority rules.

An interesting read on this.

http://www.nationalreview.com/article/436428/republican-convention-delegates-not-bound-donald-trump

Lets cover it here for those who missed it. Trump won big here. The Federal Court said in relevant part

Specifically, the Court found that RNC Rule 16, which binds delegates based on their election results, “is in effect presently and that it controls the allocation and binding of delegates as to their voting at convention.” (p. 6) The Court held that the Plaintiff’s “expert testimony” from Erling ‘Curly’ Haugland was not credible, lacked “textual support,” (p.6) and that “delegates are bound by RNC Rule 16.” (p. 7)


Further, the Court found that by signing the “Declaration and Statement of Qualification,” RNC delegates are bound by RNC Rule 16(c)(2) (p. 10), and that this Declaration obligated Correll to vote in accordance with Republican Party rules and Virginia’s election results. (p. 46)

The ONLY thing this ruling did was strike the State Statue that was just one of three ways the delegates were bound and the only one with the provision to pay the delegates costs to be there.

No Matter what you may think by signing the “Declaration and Statement of Qualification” with the State party the delegates are contractually bound, bound by Sate Party rules and National Party rules in effect unless and until they are changed during the convention. The Only thing the Virgina delegates did here was screw themselves out of their costs being covered.

[Fantom]

they are bound by National Rules

Now we agree

..http://www.nationalreview.com/article/436428/republican-convention-delegates-not-bound-donald-trump

Rule 16(a)(2) — adopted in 2013 — recognizes state “bindings” and thus compels delegates to vote even against their consciences. The rule states that the secretary of the convention shall record a vote in accordance with the delegate’s obligations under GOP rules, state law, or state-party rules, and if a delegate votes for “any person other than the candidate to whom he or she is bound, such support shall not be recognized.”


So, by National Rules, if a delegate votes for someone else... there vote is not counted.

Then we go here.

Rule 40(d) requires that a candidate for the presidential or vice-presidential nomination receives “a majority of the votes entitled to be cast in the convention.” In other words, they don’t win by receiving a majority of the votes actually cast but rather by receiving a majority entitled to be cast. The nominee has to get at least 1,237 votes to win.



There is no penalty for a delegate to cast a vote, or abstain,  for someone they are "bound" for except their vote is not counted. That is the only "penalty".

Now should the first vote not yield 1237 votes for a candidate..well guess what sweetheart. Almost all are unbound and can vote how they wish.

The Courts agree, These are the RNC Rules to date. 

28 votes on the Rules Committee will get you a floor vote for any changes. Not that any are needed to legally ..and morally deny trump the nomination.

[sinkspur]

If the delegates don't vote for Trump on the first ballot, what will Priebus do?

He better think about that because that is a distinct possibility if not probability.

[Mechanicos]

Now we agree

..http://www.nationalreview.com/article/436428/republican-convention-delegates-not-bound-donald-trump

Rule 16(a)(2) — adopted in 2013 — recognizes state “bindings” and thus compels delegates to vote even against their consciences. The rule states that the secretary of the convention shall record a vote in accordance with the delegate’s obligations under GOP rules, state law, or state-party rules, and if a delegate votes for “any person other than the candidate to whom he or she is bound, such support shall not be recognized.”


So, by National Rules, if a delegate votes for someone else... there vote is not counted.

Then we go here.

Rule 40(d) requires that a candidate for the presidential or vice-presidential nomination receives “a majority of the votes entitled to be cast in the convention.” In other words, they don’t win by receiving a majority of the votes actually cast but rather by receiving a majority entitled to be cast. The nominee has to get at least 1,237 votes to win.



There is no penalty for a delegate to cast a vote, or abstain,  for someone they are "bound" for except their vote is not counted. That is the only "penalty".

Now should the first vote not yield 1237 votes for a candidate..well guess what sweetheart. Almost all are unbound and can vote how they wish.

The Courts agree, These are the RNC Rules to date. 

28 votes on the Rules Committee will get you a floor vote for any changes. Not that any are needed to legally ..and morally deny trump the nomination.

Trump has 1542 bound delegates that either vote for him first vote or their vote is not counted and the secretary records their vote as it should have been. There will be no 2nd vote. And since every delegate signed an agreement even if there is any rule change they are are still bound by their agreements. Not worried tho, when the most you could claim was 28 out of 112 delegates on the Rules committee where the greatest effort to stack the deck with anti-Trump delegates occurred indicates there are not that many party suicidal crazy delegates willing to be ejected from the convention.

[Fantom]

Trump has 1542 bound delegates that either vote for him first vote or their vote is not counted and the secretary records their vote as it should have been. There will be no 2nd vote. And since every delegate signed an agreement even if there is any rule change they are are still bound by their agreements. Not worried tho, when the most you could claim was 28 out of 112 delegates on the Rules committee where the greatest effort to stack the deck with anti-Trump delegates occurred indicates there are not that many party suicidal crazy delegates willing to be ejected from the convention.

Why would they be ejected? For following the rules.

28 votes brings a rules change to the floor. Where ALL delegates vote... such is a Democratic way. What are you afraid of?

[Wingnut]

28 votes brings a rules change to the floor. Where ALL delegates vote... such is a Democratic way. What are you afraid of?

They are scared shitless because they backed a loser.

[Gov Bean Counter]

They are scared shitless because they backed a loser.

And now all his hard core supporters are going all Peter Clemenza on anyone who resists them.