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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;)

Just let them know that you never sign anything without your lawyer looking it over, and he will get to it sometime in September.

Actually that is a great idea!,Lol.

Send it back unsigned along with a card from your attorney and say "Make Me!" Lol.

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

;)

Love it! Someone on the same page as me!!

DON'T SIGN IT! Period.

Signing will voluntarily bind you to a fraudulent, unilateral 'agreement.'

It poses itself as a 'contract' which it is not, since you had no say in the formulation of it.

If truly concerned, simply write back (the following is NOT to be construed as a binding legal advice):

'And just what would the specifics of "will put your status as a delegate in jeopardy" be? From what legal and lawful basis do you believe you have the 'right' to influence my vote when GOP's own legal council ruled in 2008 that according to the RNC rules still binding that ALL delegates are in fact "free agents?" In fact it was the action of a Romney delegate in 2008 who voted his conscience... for Romney, over McCain. I shall be following to the "T," the GOP 'rules' as they are binding, in effect, and interpreted to be as of TODAY, not your fantasy version just because you felt like changing it whenever it needs to suit your agenda.'

'Cite the law, or 'binding' clause within MA GOP bylaws. Answer back in 3 business days, or consider it null and void, and my lawyer would be contacting you, soon.'

'GOP, stop making veiled threats against people who'll be ruling over the party from now on; learn to submit, it shouldn't be too hard as you have no principles to begin with and the only thing that you understand is power: we're the only game in town; well WE are the power now, so submit or lose relevancy, forever. Your choice, your move.'

okay, so maybe not the 1st and the last paragraph. LOL .oD

Predictions in due Time...
http://www.youtube.com/watch?v=zGDisyWkIBM

"Let it not be said that no one cared, that no one objected once it's realized that our liberties and wealth are in jeopardy." - Dr. Ronald Ernest Paul

Don't sign anything!

Don't sign anything!

NO PROMISE THAT IS GIVEN...

...under duress is EVER binding. Sign the thing and write clearly and legibly on the "affadavit" the words "UNDER PROTEST."

GET LEGAL COUNSEL - DO NOT COMMIT PERJURY!

I second the comments of Sandy Sanders (VA attorney) a few replies below. I am also an attorney (criminal defense) licensed in CA and OH, and I also believe that many of the suggestions in this thread are illegal and could result in serious criminal charges - perjury is usually a felony.
PLEASE be careful and get good legal advise from MA counsel asap before acting in this matter.

Skip Marshall

Sign it "UNDER DURESS"

They're essentially forcing a gun to your head and saying sign this, or you won't become a delegate. OK, then sign it...but after your signature, put "Under Duress".

Then, send it in.

That signature is now void in any court, and you can vote your conscience.

Why would you even consider

Why would you even consider entering into it to begin with? These idiots cant force you to do anything.

On second thought

Would requiring someone "under pain and penalty of perjury" (I like how they inserted the word "pain" in there...all about the drama) not infringe upon a persons 1st amendment rights of free speech? Coerced speech is not free speech

Attention All Delegates! Break your "Binds" and vote for the Constitution in Tampa! Ron Paul 2012

"ON PAIN OF"

is standard legal lingo. No drama there.

I've seen it before

Just not used that often. I think it was added for effect in this case.

Attention All Delegates! Break your "Binds" and vote for the Constitution in Tampa! Ron Paul 2012

I agree with Sandy Sanders below

Someone in the state must contact local legal council asap!

Enonesoch

What should you do?

I would call and verify if Florida requires it. The letter said that Florida is requiring you to sign affidavit. That would go against Rule 11 and 13 of the RNC. I would call and get a confirmation letter from the RNC that dictates you sign an affidavit. NOT Massachusetts. I do not think Florida can demand an affidavit and have it enforced in Massachusetts. They are of separate sovereignty. Call FLORIDA..

Just a suggestion

Charity Ingersoll

~Freedom needs to be guarded vigilantly~

What to do...

If Florida says it does not require it, than I would call Massachusetts on the deception and lie.

Charity

~Freedom needs to be guarded vigilantly~

What to do?

Why would the affidavit have a Mass. address if it is required by Florida? Call and get the RNC address in Florida and tell them you plan to send it to Florida. And tell them you are going to include the letter written on the top of the affidavit to show Florida required it not Mass.If it is a scam, you will call their bluff.

Charity

~Freedom needs to be guarded vigilantly~

This has nothing to do with...

Florida. Re-read the text.

It does when they do not even

It does when they do not even insert a comma....LOL Legal papers must be written to reflect everything distinctively.

~Freedom needs to be guarded vigilantly~

Affidavit vs Goliath

They don't even follow their own rules, why should anyone else? Deception is key in warfare.

I have never made but one prayer to God, a very short one: "O Lord make my enemies ridiculous." And God granted it.
Voltaire

Massachusetts GOP 2012 Bylaws

Just a quick glance through, I don't see any requirement in the bylaws. But the wording is such that you will need to check state law as well. As for the National GOP, we already know they don't require it. I do agree that they need to provide you with the particular rule and/or statute that requires it. Do contact Ron Paul Campaign for advice

http://massgop.com/wp-content/uploads/2012/01/MassGOP-Bylaws...

Edited to add...I do see in the rules named by the OP that they do require a commitment. Hmmm.

Attention All Delegates! Break your "Binds" and vote for the Constitution in Tampa! Ron Paul 2012

Stick a RP slim-jim in the

Stick a RP slim-jim in the reply envelope and send it back to them.

LOL!

Great idea! MAde me laugh.

Disregard all the speculation

And make them send you a signed copy of this mandate. You will be doing everyone a favor by doing so. Become a champion to an end. They will not send it to you so then you request that they send a signed retraction in writing to your FAX machine. As said below,ASK THE QUESTIONS!

If I disappear from a discussion please forgive me. My 24-7 business requires me to split mid-sentence to serve them. I am not ducking out, I will be back later to catch up.

Am I the only one who is

Am I the only one who is laughing? This is complete BS. Don't sign or send anything.

Why sign an affidavit if those are the rules anyway???

Hmmm? Something stinks about this.

Does abstaining from the 1st round vote count as not voting for Romney if you don't vote for RP either?

"We are not human beings having a spiritual experience; we are spiritual beings having a human experience"—Pierre Teilhard de Chardin

The Chairman of the State Delegation...

..will be the one to tell the Convention Chair from the floor (in Tampa) how many votes his state is casting on any given ballot. So you can abstain or you can vote for Dr. Paul or say whatever you please, but it will be up to the delegation's chairman to speak to the Convention Chairman and to state the number of votes. so if the Chair of the dlegation is one of us, fine. If not, all you can do when he gives the Convention Chairman what you know to be a false vote total will be to raise hell on the floor. It will be on Tee Vee, and the WHOLE WORLD will be watching. Then let the chips fall where they may. It will probably come down to something like that in the end, anyway.

Rules of RNC?

from the letter above "and the rules of the National Republican Party" really? where? what rule? have we not already been told via their legal opinion that they do not recognize that? this would be in contradiction and I have not seen that rule they claim.

summary - I think they just lied and I wouldn't sign nor return the darn thing at all

It's on the same page as the law that says you have to pay an

income tax. They send everybody one when they turn 12 and/or get a paper route. Didn't you get yours???

Me neither :)

"Damn the pandas, full steam ahead"

-Admiral David Farragut

Irrelevant even if true or enforceable

From what I understand, some delegates (for either camp) are known as 'bound' delegates, meaning they are bound in their vote IN THE FIRST ROUND.

However, if a second vote is needed then they become 'unbound' and can vote whomever they wish.

Even if someone does sign and return this (phony) document, they still may abstain from the first vote and not have broken this 'written agreement' or whatever it is, as obviously a commitment to do anything (in this case, vote) would only apply if they do that thing at all.

So even if this were a legal form (it is not), simply not doing the thing at all (vote in first round) would not violate the "contract", but simply void it.

Is my legalese accurate here anyone?

"Damn the pandas, full steam ahead"

-Admiral David Farragut

Rule 13

The RNC said every delegate is a fee agent to vote their conscience.

http://youtu.be/mDPK4GCprYA

~Freedom needs to be guarded vigilantly~