LAw requiring delegates to declair support

[dustup]

Does anyone here know the NC law requiring a delegate to declare support for a candidate prior to the primary? The GOP is saying there is a NC Law requiring it, but I can't find it? The GOP is using it to "Red Tag" Ron Paul delegates!

Help all you legal minds out there!

[dustup]

I just found this.......

"The North Carolina law declares that all delegates shall be bound by the ... OR THEY MAY DECLARE THAT THEY DO NOT SUPPORT ANY PARTICULAR PERSON......:D
LINK: http://www.jstor.org/pss/1946310
But the guy says you have to by the article to view it completely! LAWYERS.....ITS ALWAYS ABOUT MONEY!

[MozoVote]

Anyone who insists on being nominated for delegate, that gets pushback from the GOP to declare, better have a copy of the party bylaws and NC statutes in hand.

[Conza88]

Yes.... even if nothing is in the papers.
Make it look like its the bylaws... haha :D
use it as like a beacon of authority, "show me the law! assholes!"
"are you above the law?!"
"don't break the law, you criminal!"

lulz. Best of Luck.

[Sandra]

The national party says that no delegate is to vote for a candidate at a state convention or caucus. In the past they have ruled that requiring the declaring of support for a candidate did amount to voting and was in violation.

[slacker921]

Sandra - At the 8th district convention they forced the candidates for national delegate to declare their choice of candidate and claimed that in NC if the candidate did not vote for the person they declared then they would face a $10,000 fine.

Either that was an outright lie, and from what you are saying they were in violation of the national GOP party rules, or somewhere out there are some rules supporting them.

There are upcoming district conventions in NC - so it's important to find an answer for this quickly and also it is important that if it turns out that the GOP leaders in the 8th district were lying then pressure needs to be put on them at the state convention... and a bunch of us will be there.

[nc4rp]

Sandra - At the 8th district convention they forced the candidates for national delegate to declare their choice of candidate and claimed that in NC if the candidate did not vote for the person they declared then they would face a $10,000 fine.

Either that was an outright lie, and from what you are saying they were in violation of the national GOP party rules, or somewhere out there are some rules supporting them.

There are upcoming district conventions in NC - so it's important to find an answer for this quickly and also it is important that if it turns out that the GOP leaders in the 8th district were lying then pressure needs to be put on them at the state convention... and a bunch of us will be there.

Delegates are required by NC GOP PARTY RULES to DECLARE their support by the State Convention so that the primary vote % can be proportioned to that many of the GoP candidate's delegates



(NC GoP plan of orginization Article VII.F) Each person nominated as a Delegate or an Alternate at either the District or State Conventionmust have publicly declared as a representative of a Candidate on the Presidential Preference Primary ballot prior to the election of Delegates and Alternates to the National Convention. Delegates and Alternates shall then be elected in the allocation as announced by the State Chairman.


so PRIOR to the electeion of delegates to the national convention - which us at the state cionvention, or whenever they get the slate together i guess-=-

there may be some rule stating that you have to declare a certain amount of time, if you look at the above quote it says
Delegate...must have publicly declared as a representative of a Candidate on the Presidential Preference Primary ballot

so if delegate names appear on the primary ballot, as in some states, then you would have to be declred by then. but i dont think we do it like that. the ballot this is talking about is the one that they use at the state convention - the delegates on the list they have at the state convention. maybe someone else knows when the name has to be associated with a candidate, there must be a certain time within which the list of delegates committed to a candidate has to be handed to the chairman.. i just dont know when that is.

the $10,000 fine is for faithless electors. Electors are different from delegates. Delegates are an insider party thing simply for the nomination - bound by PARTY RULES, not bound by any state laws. during our 13 district conventons we elect 3 delegates AND ONE ELECTOR from each Congressional district.(can be uncommitted because he has to vote for the party nominee whoever it is)

The North Carolina official electors are bound by law to vote for the party's candidate:
refusal or failure to vote for the candidates of the political party which nominated such elector shall constitute a resignation from the office of elector,

so the electors are bound to vote for candidates FROM THE PARTY. in other woirds they cant cross party lines, IS ALL i can interpret from this. The nomination will be wrapped up so there will only BE ONE choice, and probably will be McCain.

Once the whole state votes for a presidential candidate then the majority-vote-winning party's 13 electors must cast their vote in Feb 2009 for candidates FROM THE PARTY

Thing is that we are trying to get Paul nominated. If he (by freak circumtances of course) wins the nomination AND the NC presidential majority vote, then ALL N.C. ELECTORS WILL BE REQUIRED BY LAW TO CAST THEIR VOTE FOR PAUL whether they support him or not! WOOHOOO!!! :D if they dont then they are disqualified AND fined $10,000.


The only thing the state regulates about the individual parties is how a party can get ballot access. Dr. Paul has crusaded for states to lighten up their laws to allow more access by 3rd parties, but thats a whole different matter altogether.


heres the old state law but the fine was increased to $10,000 in 2004 i think.



§ 163‑212. Penalty for failure of presidential elector to attend and vote.
Any presidential elector having previously signified his consent to serve as such, who fails to attend and vote for the candidate of the political party which nominated such elector, for President and Vice‑President of the United States at the time and place directed in G.S. 163‑210 (except in case of sickness or other unavoidable accident) shall forfeit and pay to the State five hundred dollars ($500.00), to be recovered by the Attorney General in the Superior Court of Wake County. In addition to such forfeiture, refusal or failure to vote for the candidates of the political party which nominated such elector shall constitute a resignation from the office of elector, his vote shall not be recorded, and the remaining electors shall forthwith fill such vacancy as hereinbefore provided.
The clear proceeds of forfeitures provided for in this section shall be remitted to the Civil Penalty and Forfeiture Fund in accordance with G.S. 115C‑457.2. (1901, c. 89, s. 83; Rev., s. 4375; C.S., s. 6013; 1933, c. 165, s. 11; 1967, c. 775, s. 1; 1969, c. 949, s. 3; 1998‑215, s. 131.)



this has been amended from $500 to $10,000 recently but i cant find the page at this moment. the amendment is available to view online though because ive seen it.








thats my 2 dollars worth (devalued to 2 cent)