JUST IN: Republican delegate files lawsuit over bound votes

[Weird Tolkienish Figure]

A Virginia Republican delegate has filed a class-action lawsuit in federal court Friday challenging a state law that requires delegates to the national convention to vote for the winner of the primary, in this case Donald Trump.

A Virginia law dictates that delegates vote for the candidate who wins the state primary, NBC News reported, although the Virginia Republican Party rules call for voting proportional to the primary results.
"The First Amendment to the United States Constitution guarantees delegates to the Republican Party's and Democratic Party's national conventions the right to vote their conscience, free from government compulsion, when participating in the selection of their party's presidential nominee," the complaint reads.

"Nonetheless, Virginia law acts to strip them of that right, imposing criminal penalties on delegates who vote for anyone other than the primary winner on the first ballot at a national convention. That law cannot be sustained under the First Amendment or as a legitimate exercise of Virginia's authority under the United States Constitution."

Beau Correll, a Republican delegate who served as one of Ted Cruz's campaign co-chairs in Virginia, is the only named plaintiff in the lawsuit but filed on behalf of all of Virginia's Republican and Democratic delegates. His attorneys wrote in the complaint that Correll is concerned Trump may sue him when he votes against him at the convention this summer, based on Trump's reputation of being litigious.

"Correll, like many other Republicans, refuses to cast his first-ballot vote — or any other vote — for Virginia primary winner Donald Trump because Correll believes that Trump is unfit to serve as President of the United States," the suit reads. "Correll is concerned that voting against Trump at the convention may subject him to retaliatory litigation by Trump, Trump's campaign, or other persons or entities associated with Trump."

The attorneys have asked for the case to be expedited because the Republican's nomination convention is only a month away.

Trump wom Virginia's primary with about 34 percent of the vote, besting Marco Rubio by 3 points.

TAGS:Donald Trump, Marco Rubio, Ted Cruz

http://thehill.com/blogs/ballot-box/presidential-races/284875-gop-delegate-files-lawsuit-over-bound-votes

[bolobaby]

Sadly, this will fail. Those that can legally abstain, should.

[libertybele]

Sadly, this will fail. Those that can legally abstain, should.

I'm not so sure it will fail and the ruling will certainly reverberate in other states.

[EC]

"The First Amendment to the United States Constitution guarantees delegates to the Republican Party's and Democratic Party's national conventions the right to vote their conscience, free from government compulsion, when participating in the selection of their party's presidential nominee," the complaint reads.

The RNC (or the Virgina Republican Party) are not the Federal government, nor are they government organs. They are private members clubs, effectively, and may set whatever rules they wish as a condition of membership.

[Oceander]

The RNC (or the Virgina Republican Party) are not the Federal government, nor are they government organs. They are private members clubs, effectively, and may set whatever rules they wish as a condition of membership.

Except that in this case there appears to be a state law that mandates that delegates to the national convention vote for the primary winner.  That is subject to the First Amendment.

[EC]

So the law would be illegal - but it still wouldn't affect the actual rules of the state Repub committee stating the same thing?

[jmyrlefuller]

Except that in this case there appears to be a state law that mandates that delegates to the national convention vote for the primary winner.

There's also the little issue of state lines. Ohio's the only state hosting the convention. Technically speaking, that's the only state that can legally bind its own delegates under state law. For the other 49, it's out of their jurisdiction. States can't generally regulate the behavior of their own residents outside state lines.

Ohio, of course, went Kasich, so that means Trump technically has zero bound delegates.

[Mechanicos]

There's also the little issue of state lines. Ohio's the only state hosting the convention. Technically speaking, that's the only state that can legally bind its own delegates under state law. For the other 49, it's out of their jurisdiction. States can't generally regulate the behavior of their own residents outside state lines.

Ohio, of course, went Kasich, so that means Trump technically has zero bound delegates.

Going to weigh in here a little.

USSC ruled that Party Rules are superior... Virgina used the party rules with this delegate. Hes under contract in a principle to agent relationship, not a normal voter. The Full Faith and Credit clause means States honors the laws of other States.

In other words, unless its an activist liberal judge the law is pretty clear here. Either the delegate performs as hes agreed too within the authority to act on its behalf given to him by the State for THEIR benefit or he can resign..

[r9etb]

Going to weigh in here a little.

USSC ruled that Party Rules are superior... Virgina used the party rules with this delegate. Hes under contract in a principle to agent relationship, not a normal voter. The Full Faith and Credit clause means States honors the laws of other States.

In other words, unless its an activist liberal judge the law is pretty clear here. Either the delegate performs as hes agreed too within the authority to act on its behalf given to him by the State for THEIR benefit or he can resign..

According to the article, it's a Virginia law that requires him to vote, and the USSC long ago ruled that state law cannot trump party rules.

[Mechanicos]

According to the article, it's a Virginia law that requires him to vote, and the USSC long ago ruled that state law cannot trump party rules.

Virgina law is a copy of the Party Rule.

Virginia Code Section 24.2-545  says

If the party has determined that its delegates and alternates will be selected pursuant to the primary, the slate of delegates and alternates of the candidate receiving the most votes in the primary shall be deemed elected by the state party unless the party has determined another method for allocation of delegates and alternates. If the party has determined to use another method for selecting delegates and alternates[  district and state conventions], those delegates and alternates shall be bound to vote on the first ballot at the national convention for the candidate receiving the most votes in the primary unless that candidate releases those delegates and alternates from such vote.

(Emphasis added).  The rules of the Republican Party of Virginia require that its delegates be elected at its 11 Congressional District Conventions (three each), and at the State Convention (13 at-large delegates, plus the three members of the Republican National Committee). Thus, Virginia law requires that all of these delegates be bound to Donald Trump, the candidate who received the most votes in Virginia’s March 1 presidential primary.

HOWEVER, this same Code of Virginia (section 24.2-544) places the presidential primary on the first Tuesday in March. Because the RPV State Central Committee chose to bind Virginia’s delegates by the March 1 state-run open primary, they forced a conflict between state law and RNC rules, which mandate that no winner-take-all contests occur prior to March 15.

The party chose to overlook the state law requiring winner-take-all allocation and to instead adhere to RNC rules by proportionally allocating delegates on the basis of the primary results.

Now that there is no possibility of a contested convention it really doesn’t matter, though. 

[r9etb]

Virgina law is a copy of the Party Rule.

Yada yada.  Take it up with the Supremes.

[Mechanicos]

Yada yada.  Take it up with the Supremes.

Been there done that.. you lost.

[r9etb]

Been there done that.. you lost.

So you say.  We'll see.