156 votes

MA delegates asked to sign affidavit that they will vote for Romney on first ballot

UPDATE & DISCLAIMER:To the delegates who are affected directly by this communication: DO NOT take any advice listed in the comments without first consulting with the Official Campaign directly. As with all free advice on the internet, you get what you pay for.

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Massachusetts delegates to the RNC in Tampa have received a letter and affidavit that they are being asked to sign and return, affirming that, under the pain and penalty of perjury, they will vote for Mitt Romney in the first round of voting.

Below is the text of the letter and affidavit, transcribed by me, as it was read to me over the phone by an elected Massachusetts delegate. What should they do?

- - - - - L e t t e r - - - - -

Dear Massachusetts Republican Delegates and Massachusetts Republican Alternate Delegates,

Under the rules of the Massachusetts Republican Party Plan for the Selection of Delegates and the rules of the National Republican Party, the Avocation Committee charged with certifying Massachusetts delegates for the 2012 Republican National Convention in Tampa, Florida requires each elected delegate and alternate to sign, under the pains and penalties of perjury, the herewith enclosed affirmation, and to be returned on or before 3pm May 29, 2012 to the Massachusetts Republican Party at 85 Merrimack Street, Suite 400, Boston MA 02114.

Electronic delivery, in any form, will not be accepted. Your failure to duly and timely remit the enclosed affidavit will put your status as a delegate in jeopardy.

Sincerely

Ed McGrath
Allocation Committee Chairman

- - - - - A f f a d a v i t: - - - - -

I ________ residing at _______ in ________ MA, was elected at the ________ Congressional District Caucus held in _______ MA on April 28, 2012 as a National Delegate / Alternate Delegate to the 2012 Republican National Convention. In accordance with Sections 70b and 70i, Chapter 53 of the General Laws of the Commonwealth of Massachusetts, the Massachusetts Republican Party Plan for the selection of delegates to the Tampa Florida 2012 National Convention and Rule 15 of the Rules of the Republican Party, I certify under the pain and penalty of perjury, that on the first ballot at the 2012 Republican National Convention, I will affirmatively Vote for Mitt Romney, the winner of the 2012 Massachusetts Presidential Primary.

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Good question

IN CA, delegates are picked from members seated on central committees, who have taken an oath to the U.S. Constitution. Well.. Constitution, seems it's not qualified what Constitution anymore.

Something Fishey

I was reading the MASSACHUSETTS REPUBLICAN PARTY PLAN FOR THE SELECTION OF DELEGATES TO THE TAMPA, FL 2012 NATIONAL CONVENTION

There is a timeline that the Mass RNC has to meet

July 28, 2012 Credentials of all Delegates must be filed Rule No. 19(c)
(30 days before National with Secretary of Republican National
Convention) Committee.

It seems they are quoting certain rules from the Republican National Committee. If someone looks those up we should be able to figure this out.

Remember Steve Parent said not all delegates can be bound. I am taking a guess here but it looks like the Mass Republican Committee is trying to get all the delegates to pledge to vote for Romney. This way if you pledge to do it than they can get around that law.

Somebody has to get on this because they are claiming these forms have to be back by the 25th.

They circumnavigate the Unit Rule

by claiming their super delegates , whom are always party hacks, are unbound thereby the whole unit is not bound. All others can be designated in another class as they are attempting to do here. As a whole, I'd be willing myself to face what ever penalties were dished out as long as they couldn't use the affidavit in lieu of my personal vote, and I think that is what these miserable cretins are up to.

There are no politicians or bankers in foxholes.

Already did this the first

Already did this the first day this thread started;

http://www.dailypaul.com/235542/mass-delegate-affidavit-solu...

It seems logic defies some of the people on this site in addition to the MA GOP.

http://www.facebook.com/RonPaulExploding - RON PAUL IS EXPLODING!

See FRONT PAGE...Do NOT Sign

"1. "It IS ILLEGAL TO FORCE ANYONE TO VOTE ANY CERTAIN WAY...PERIOD!!!!"

2. "ALL of the 'binding' IS under civil constitutional law....VERIFIABLY...ILLEGAL."

3. "We are not even going the rule 38 route, ANY means of manipulating a vote, whether by proxy or by unit, is illegal."

4. "The RNC's use of these rules in their very nature, are illegal, but no-one has brought this to the table yet."VOTE ANY CERTAIN WAY...PERIOD!!!! ALL of the "binding" IS under civil constitutional law....VERIFIABLY...ILLEGAL."

To arms! To arms! The Redcoats are coming!

Like I said

walk on to the Convention floor and vote Ron Paul first ballot. Just force their hand. We have rule 38 to back us up and they have nothing. I am willing to go straight to jail if I can get my country back. I am telling you people they are not going to do squat. They are trying to run a bluff on the Delegates. Don't let them. If you do we are whipped.

jd agrees with u

no way the stuff is legal. just unchallenged.

To our Massachusetts Liberty delegates...

... Before you discard or destroy the pro-Romney affidavit that is the subject of this thread, please contact the Paul campaign and/or a competent Massachusetts election law attorney. It very well could be that refusing to sign the affidavit will disqualify you from going to National, and we will need every one of our Liberty delegates in Tampa. Thank you!

A Constitutional, Christian conservative who voted for Ron and stands with Rand

You

are absolutely correct.

I'm no legal scholar but it looks like the Mass Republican Committee has to verify the delegates and a list of names to the Tampa Republican Convention of who is and who is not bound.

They are jumping over figuring this out by trying to force all the delegates to vote Romney on the first round. If they don't get these docs back they will just disqualify the RP delegates and appt the alternate Romney delegates. They had plenty of time to do this. The waited till the last minute to send out these forms on purpose.

If all the delegates vote Romney on the first round there is much less of a chance for a brokered convention.

DO NOT UNDER ANY CIRCUMSTANCES SIGN

They say "may jeopardize your status as a delegate." That's a meaningless threat. Additionally, those letters have not been properly served either by certified mail or by a process server; so there is no proof of delivery. Shred those letters!!!!!

LadyHawk, I mean no disrespect...

... but do you have the legal expertise to say with certainty that failing to sign the affidavit will not jeopardize the status of our Massachusetts Liberty delegates? If not, please do not advise them to destroy the affidavit; they really should consult with the national Paul campaign and/or with a Massachusetts election law attorney before declining to sign. Thank you.

A Constitutional, Christian conservative who voted for Ron and stands with Rand

Most of these Delegates were elected

I was nominated from the floor and then I was voted in. This is like a state senator being elected by the people and then the Republican GOP says, well he was not wearing a yellow suit when he was elected so we are going to just throw him out.

Point Well Taken, Andrew Jetton!

I am, for the most part, merely expressing my own boisterous opinion and parroting that of others. If I were a Massachusetts delegate, I admit I'd be tied in KNOTS over this dilemma. My heart is simply voicing OUTRAGE at the blatant corruption and sociopathy of the Romney Camp. Thanks for the gentle reminder! True appreciations! GO RON PAUL 2012!

Thank you for your gracious reply!

Go, Liberty patriots!

A Constitutional, Christian conservative who voted for Ron and stands with Rand

Billy Jack's picture

Here's a notsogracious reply:

Here's a notsogracious reply: stick your head up your provocateur or sheep rear end. Do NOT sign anything. It is an obvious ploy to compel loyalty because rules don't. In fact, I take this ad a signthat Swann is right that delegates are not bound at all.

Cos Cob, CT

Here are the Massachusetts Phone and Email

The Massachusetts Republican Party
85 Merrimac St., Suite 400
Boston, MA 02114
info@massgop.com
tel. (617) 523-5005

And here is their webpage URL with more email contact info, blog access, etc., etc.. Let's give them HELL.

http://massroots.blogspot.com/2009/05/news-from-massachusett...

According to Steve Parent

there are two sets of rules that you need to know about. There are district rules for delegates, and state rules.

Delegates may be bound on the first vote, but the states cannot bind all the votes. They have to leave a few free. Steve thinks that this document is a trick to make delegates think all are forced to vote for Romney.

You people need to read both your district, and State by laws.

If you can't figure it out hire a parlamentarian. They charge about $75-$200 per hour.

The districts need to do this before Tampa. Why doesn't Massachusetts hire Steve to look into this. Someone contact him. He does not know every states rules.

Inviting people to RonPaultribune.com to try to answer questions.

Hello, who gives a s***

about the state GOP. If you go down there to the National Convention and vote Romney we loose. If we go down there and vote RP the RNC is not going to do anything because of Rule 38. Even the RNC attorneys say they will do nothing and any delegate can vote for who ever they please.
If my state wants to make a case against me then by all means have at it, but I am voting RP first ballot because the RNC says I can. Lord people don't fall for this crap.

I beleive

Steve parent said this is total bullshit.

Massachusetts Liberty delegates: Please read!

I am a criminal defense attorney from Florida:

http://www.floridabar.org/names.nsf/0D856BE6EA32ECE1052576D9...

I have been a member of the Florida Bar since 2002, and have been either prosecutor or defense counsel in approximately 35 jury trials. Despite my background and experience, I am not competent to give you legal advice concerning the topic of this thread. I will tell you that, if you are contemplating swearing falsely to an affidavit, you should seek legal advice, but only from an attorney who is:

1. Licensed to practice in Massachusetts, or "of counsel" to one so licensed
2. Experienced in Massachusetts election law
3. Preferably, also experienced in Massachusetts criminal law

Swearing falsely to an affidavit could amount to perjury, which, depending on the specifics of Massachusetts law, could be not only a crime, but even a felony. Being convicted of a felony would bring many changes in your life, none of them good. Among other consequences, these potentially include:

1. A period of incarceration
2. A fine
3. Loss of your right to vote
4. Loss of your right to bear arms
5. Diminished employment prospects, both now and in the future

Please do not make a rash or uninformed decision on such an important matter, but be aware that legal advice on this issue from a competent attorney will probably not be free, and that the Paul campaign will probably not be willing to pay your legal bill (or to bail you out of jail, if it comes to that). God bless, Massachusetts Liberty delegates.

If you are one of the "armchair attorneys" on this thread that is "advising" our Massachusetts delegates to swear falsely to an affidavit, please remember that it is not your liberty, property, livelihood, and reputation that is on the line. Encouraging someone else to engage in conduct that might be criminal, or even felonious, is no laughing matter, and you really should not be doing it. Please stop. Thank you.

A Constitutional, Christian conservative who voted for Ron and stands with Rand

Pure

100% BS. I am shaking in my shoes.

Billy Jack's picture

I agree with you 100 percent

I agree with you 100 percent - you are not competent to give out legal advice on this. So don't.

Cos Cob, CT

May I Quote You?

'Great post, Andrew Jetton! With your permission, I'd like to reshare.

You certainly may, LadyHawk...

... I would like to point out, though, that I have been a member of DP for nearly two months, and only revealed myself as an attorney today. I did so because I felt that what is being advocated here, and on related threads, carried potential consequences serious enough (being disqualified from a slot as a Tampa delegate, or, even worse, engaging in criminal conduct) to justify me "pulling rank" to make people listen.

I would ask you, therefore, to please only copy (or link to) my "lawyer" post for the purpose of addressing this particular problem, and not to insert it into unrelated threads and discussions. Normally, I want to be just a regular member of the DP community, and I think that posters should generally be able to say what they want (even if it is ill-advised) without having "the lawyer guy" come along to correct them. Thank you.

A Constitutional, Christian conservative who voted for Ron and stands with Rand

Billy Jack's picture

If you are a regular member

If you are a regular member (I.e. Not from DARPA), then you are just a regular member - what you may do forva living is utterly irrelevant.

Cos Cob, CT

Thanks Andrew Jetton!

I appreciate the permission and will gladly limit my copying of or linking to your "lawyer" post only for the purpose of addressing this issue. I may even want to email a bit of your wisdom to Ben Swann since he too seems hungry for direction on this matter. Keep fighting the good fight. Best wishes!

One more thing, LadyHawk...

In my initial post, I provided a link to show that I really am an attorney. I do not want that link published far and wide, so please delete that portion of my email when you copy it into another post. Thank you!

P.S.: If you are interested, here is the link to my analysis of what this "affidavit" episode is all about:

http://www.dailypaul.com/235729/ben-swann-update-on-affadavi...

I also posted in response to you in two other places:

http://www.dailypaul.com/235729/ben-swann-update-on-affadavi...
http://www.dailypaul.com/235729/ben-swann-update-on-affadavi...

These posts are not meant as criticisms, but rather as explanations. Thanks.

A Constitutional, Christian conservative who voted for Ron and stands with Rand

Andrew

I am willing to go to jail for my country. Now have you got any legal advice for that? I am 67 years old and I don't give a s***. Our founders had to fight this same kind of under handed crap from the British. They put their very lives on the line. The lest I can do is go to jail. But putting me in jail may not be a cake walk for them.

If you are a Massachusetts RNC delegate...

... then it is your choice as to whether you want to risk committing a crime and going to jail. What really concerns me is when those who are not Massachusetts delegates encourage those who are to swear falsely on the affidavit. To me, it is irresponsible to try to put someone else at risk of criminality.

A Constitutional, Christian conservative who voted for Ron and stands with Rand

What is the point then?

What is the difference between bound delegates and direct democracy? Why have delegates if they are bound to the populous vote?