The Law Appears to Protect RNC Delegates Voting Their ConscienceSubmitted by mclapper333 on Wed, 05/16/2012 - 20:29
Cut from the following article: http://ivn.us/2012/05/16/a-first-ballot-rebellion-in-tampa/
“The RNC does not recognize a state’s binding of national delegates, but considers each delegate a free agent who can vote for whoever they choose, and the national convention allows delegates to vote for the individual of their choice, regardless of whether the person’s name is officially placed into nomination or not.”
Legally, which would take precedent over the other, the RNC’s rules or state laws that bind delegates to vote for certain candidates on the first ballot of the convention?
As IVN’s Kymberly Bays recently reported, this exact question has already been resolved at the US Supreme Court level: the national party’s rules take precedence over state laws because as a private organization and free association of individuals, a political party has the constitutional right to set its own rules and state laws interfering with that private process violate a political party’s First Amendment rights.
The Supreme Court case was not cited, but if it is accurately summarized above, then toss out any state binding. Importantly, the law will be on the side of any delegate who so chooses. Romney will not be able to challenge such a result in the courts, so he will be bound by RNC determinations. Based on the foregoing interpretation from RNC legal counsel in 2008, that determination appears to be unambiguously established in clear language.