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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Certified Mail

If it isn't certified mail I believe none of you actually received this letter.

Not true in Ohio

If regular mail is not returned unopened, it is considered duly received by the court.

It only means one thing..

I think you can take the affidavit threats as proof that they're scared.

A friend of mine in NC said the delegates were under the threat of a $10,000 fine and 10 years exile from the GOP if they didn't vote according to their binding.

DO NOT SIGN ANYTHING

Jerry Davis, a Criminal Law Professional, in response to this article on Facebook at "Lawyers for Ron Paul" says:

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."

Still would like to see proof

Still would like to see proof of law that supports illegality theory.

The State-by-State Laws Can Be Found Here

50 State Chart: Criminal Penalties for Public Corruption/Violations of State Ethics Laws:

http://www.ncsl.org/legislatures-elections/ethicshome/50-sta...

Some states specify that violations of the state's ethics law are also violations of criminal law and impose penalties accordingly.

Extortion: Meaning and Definition

(n.) The act of extorting; the act or practice of wresting anything from a person by force, by threats, or by any undue exercise of power; undue exaction; overcharge.

(n.) That which is extorted or exacted by force.

There are Federal Codes too

But the ones below are accepted by the State of North Dakota Supreme Court and, as such, are generally considered to be Federally binding as well:

CHAPTER 12.1-14
OFFICIAL OPPRESSION - ELECTIONS - CIVIL RIGHTS

12.1-14-01. Official oppression.
A person acting or purporting to act in an official capacity or taking advantage of such actual or purported capacity is guilty of a class A misdemeanor if, knowing that his conduct is illegal,
he:
1. Subjects another to arrest, detention, search, seizure, mistreatment, dispossession, assessment, lien, or other infringement of personal or property rights; or
2. Denies or impedes another in the exercise or enjoyment of any right, privilege, power, or immunity.

12.1-14-02. Interference with elections.
A person is guilty of a class A misdemeanor if, whether or not acting under color of law, he, by force or threat of force or by economic coercion, intentionally:
1. Injures, intimidates, or interferes with another because he is or has been voting for any candidate or issue or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher or other election official, in any primary, special, or general election.
2. Injures, intimidates, or interferes with another in order to prevent him or any other person from voting for any candidate or issue or qualifying to vote, qualifying or campaigning as a candidate for elective office, or qualifying or acting as a poll watcher or other election official, in any primary, special, or general election.

12.1-14-03. Safeguarding elections.
A person is guilty of a class A misdemeanor if, in connection with any election, he:
1. Makes or induces any false voting registration;
2. Offers, gives, or agrees to give a thing of pecuniary value to another as consideration for the recipient's voting or withholding his vote or voting for or against any candidate or issue or for such conduct by another;
3. Solicits, accepts, or agrees to accept a thing of pecuniary value as consideration for conduct prohibited under subsection 1 or 2; or
4. Otherwise obstructs or interferes with the lawful conduct of such election or registration therefor.
As used in this section, "thing of pecuniary value" shall include alcoholic beverages, by the drink or in any other container.

12.1-14-04. Discrimination in public places.
A person is guilty of a class B misdemeanor if, whether or not acting under color of law, he, by force, or threat of force or by economic coercion, intentionally:
1. Injures, intimidates, or interferes with another because of his sex, race, color, religion, or national origin and because he is or has been exercising or attempting to exercise his right to full and equal enjoyment of any facility open to the public.
2. Injures, intimidates, or interferes with another because of his sex, race, color, religion, or national origin in order to intimidate him or any other person from exercising or attempting to exercise his right to full and equal enjoyment of any facility open to the public.

12.1-14-05. Preventing exercise of civil rights - Hindering or preventing another aiding third person to exercise civil rights.
A person is guilty of a class B misdemeanor if, whether or not acting under color of law, he, by force or threat of force or by economic coercion, intentionally:
1. Injures, intimidates, or interferes with another because he is or is about to exercise his civil rights, or because he has exercised his civil rights.
2. Intimidates or prevents another from aiding a third person to exercise his civil rights.

If you do not ask, then you

If you do not ask, then you have no advice to follow..so use your heart.

How would they enforce this

How would they enforce this to begin with when the party is supposedly a private entity?

To climb the mountain, you must believe you can.

If its truly private then

If its truly private then they should be charged with making threats and election tampering. I think you might even find Democrats and liberal lawyers who might be willing to volunteer or donate to a legal fund if it would help dismantle the corrupt power structure of the RNC. "The enemy of my enemy..."

A real Judge would laugh at

A real Judge would laugh at this. Besides that, I would vote RP even under threat.

Let's at least give these guys a show....

All in favor of relinquishing their blood and treasure!? Say, Aye!

The aye's have it.

"Any fool can criticize, condemn and complain and most fools do." -Benjamin Franklin

Little Elm, Tx

Laughable

A letter "affidavit". This has got to be a joke. Go to the bathroom and produce your signature with a #2 and mail it back. Sign it either as "Scott" if male, or "Charmin" if female.

oh boy

LOL!
second!

America????

IN LIBERTY AND JUSTICE FOR ALL. Hum!?!

Joined the Liberty Movement in Anchorage, Alaska, 1977. Ron Paul supporter since 1983.
In Liberty from the Pacific Northwest.

from another thread

'Jennifer Sheehan, Legal Council for the RNC, wrote a letter to Nancy Lord, Utah National Committee-Woman, asserting:

“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.”'

Geller continues: 'Another RNC rule that seems to indicate the primacy of the individual delegate’s preference at the nominating convention is Rule 37, Section (b), which states:

“In the balloting, the vote of each state shall be announced by the chairman of such state’s delegation, or his or her designee; and in case the vote of any state shall be divided, the chairman shall announce the number of votes for each candidate, or for or against any proposition; but if exception is taken by any delegate from that state to the correctness of such announcement by the chairman of that delegation, the chairman of the convention shall direct the roll of members of such delegation to be called, and the result shall be recorded in accordance with the vote of the several delegates in such delegation.”

http://atlasshrugs2000.typepad.com/atlas_shrugs/2012/05/paul...

"Any government that is big enough to give everything you need is also strong enough to take it all away."

DO NOT RESPOND...Seek Out A Good Attorney..Don't Be Foolish!

More idiocy from the people that brought you Romulan as the PRESUMPTIVE NOMINEE... This is nothing more than coercion...

DO NOT RESPOND!!... Seek out the advice of a good attorney..

You don't need no attorney

Mail it back with something like a cigarette butt or a a piece of toilet paper if it is self-addressed.

"Affidavit"? This is hilarious. Tell them that you have the original declaration of independence too.

Hahaha.

Do Not Sign This

Why anyone would sign is beyond me. The Supreme Court has ruled that state laws requiring delegates to vote a particular way at a national convention cannot be enforced without violating the First Amendment to the Constitution.

However if you voluntarily join in a contract to vote a particular way, and you also agree to be penalized however the contract stipulates if you break the contract, then the contract CAN be enforced against you. Thus, DONT sign the affidavit and you should not be bound by any stipulations within it.

Code covers the name

I stand corrected the code is placed over the name,like a cover.

rbacon

bump

lets get some legal opinion on what to do about this.

----------------------------
Dr.Ron Paul's 2002 Predictions
http://www.youtube.com/watch?v=zGDisyWkIBM

Read this carefully! A few

Read this carefully! A few word adjustments they will never notice and it will free you up to vote without penalty! If you have to print it...

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 or Ron Paul, of the 2012 Massachusetts Presidential Primary.

Then...Just sign it! ....Read this wording carefully..it is the same as above but....it would make voting for Ron Paul applicable as well...Just a few word changes will do the trick! :)

~Freedom needs to be guarded vigilantly~

Hahahahaha!

Good idea, get someone with a good scanner and a little photoshop skill and go to town. I restore documents with missing pieces by using letters from the available good parts to complete the document. If you can't find someone, let me know and send me an original document and I can do it for you. It is important that the added letters have the same size, density, sharpness, alignment, spacing and grain as the others so they do not stand out.

RickStone

How that reads now

By the way, because this is so sloppily worded, the GOP just made an offer that alternates get to vote in the first round (read the original), and you just made a counter offer that that is Romney or Paul.

But by no means do anything until you get a good lawyer - who I suspect will write them a letter telling them to desiest. Cheap for the the hour of work since its for all of you.

And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.

UCC1-308 without prejudice

This code written under your signed name gives you complete reservations of rights in any contract when money is involved.In this case money was givin to be a delegate.Therefor the code is binding an enforceable.Its the Uniform Commercial Code it applies to contracts made with fiat currency! LOOK IT UP!

rbacon

It's UUC 1 s. 308and one

It's UCC 1 s. 308

and one would have to sign above the signature according to code. but rewording the affidavit would be legal and binding. just add Ron Paul's name after Romney's and delete "the winner" and you have a legit affidavit that will let you vote for whomever you want without penalty! :)

~Freedom needs to be guarded vigilantly~

DO NOT SIGN !!!!!!

Think about it...

1) Not signing letter = NO CHANCE OF PERJURY.

2) You don't even have to admit that you receive their letter.

3) Write "abstain" if you must. Force them to write you back. Their original and response letter to you could be used against them towards a future court case.

4) If you sign, include "under duress". Make a copy!!

"For Life, For Liberty, and For Freedom, OUR MOVEMENT IS ONE... And We Will Change The Course of History!!"

SIGN THE DAMN THING

It's a scare tactic ONLY, and it is completely not worth their while to go after anyone afterwards.... Even if it were something they had grounds to go after you on, which they DON'T... They are just a club, and that is future performance they are demanding that you guarantee, not past performance at all.

If you don't sign, you're out. Plain and simple. The end.

HONEST RON 2012!
LEGALIZE LIBERTY!

Does this

Affidavit require Notarization?

When a true genius appears in the world, you may know him by this sign: that the dunces are all in confederacy against him. ~J. Swift

Future performance isn't

Future performance isn't something you can commit perjury about, besides this not being under oath, isn't the state, and isn't even a contract - you aren't getting anything and you are already a delegate.

Even public officials aren't culpable this way:

"Finally, even though it may prove to be false, an oath of office that contained an unfulfilled promise of future conduct doesn't qualify as perjury."

But by all means get a lawyer. Perhaps get him to write a cease and desist letter for making false and misleading statements.

And for the support of this Declaration, with a firm reliance on the protection of Divine Providence, we mutually pledge to each other our lives, our fortunes and our sacred honor.