26 votes

Mass Delegate Affidavit Solution

FROM MASSACHUSETTS REPUBLICAN PARTY PLAN FOR THE SELECTION OF DELEGATES:

1.6 "If there is a roll call vote for President at the Convention, all delegates and alternate delegates whose selection is made subject by the Plan to qualifying Presidential Primary Candidates defined by Section 4.2 of the Plan, shall vote on the first such roll call for
that presidential candidate unless released by such candidate. (G.L. c.53, §70I)"

Section 4.4 only requires that you "certify [your] qualifications to participate in the caucus by signing statements including their names, addresses, and Republican affiliation."

4.5 Each nominee for election as a pledged Congressional District delegate or alternate delegate shall express a commitment to a qualifying Presidential candidate and agree to be bound to vote for that candidate on the first such roll-call unless released by such candidate, as required by law. c. 53 § 70(I)

UPDATE to include your name/address info if the original affidavit was for identification purposes;

UPDATE 2 to include optionally party affiliation if that wasn't apparent by the fact that you were elected as a National Delegate at your Republican caucus and to include info about 4.4 that REQUIRES you sign this affidavit.

UPDATE 3 removed certified mail suggestion as there will be no mail ran on Monday

I would modify the affidavit to state:

"
Pursuant to section 4.4 of MASSACHUSETTS REPUBLICAN PARTY PLAN FOR THE SELECTION OF DELEGATES plan, I ________ residing at _______ in ________ MA, certify that I 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. (optionally you could also include "I registered as a Republican voter on xx/xx/xxxx)

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 that I have read and understood the rules of the MASSACHUSETTS REPUBLICAN PARTY PLAN FOR THE SELECTION OF DELEGATES located at:

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

I have found no rule that requires delegates to sign an affidavit under penalty of perjury, I understand pursuant to G.L. c.53 Section 70I and section 1.6 and 4.5 of the plan, /If/ there is a roll call vote for President at the Convention, all delegates and alternate delegates whose selection is made subject by the Plan to qualifying Presidential Primary Candidates defined by Section 4.2 of the Plan, shall vote on the first such roll call for that presidential candidate unless released by such candidate. Because this statute requires me to vote for Mitt Romney IF and ONLY IF there is a roll call, and IF and ONLY IF I am not released by that candidate, I can not, and will not certify that on the first ballot that I will vote for Mitt Romney."

Every delegate please, I encourage you to return a signed, notarized affidavit with the wording above via HAND DELIVERY, MONDAY IS A HOLIDAY THERE WILL BE NO MAIL YOU HAVE NO OTHER OPTION AT THIS POINT!



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Kathleen Gee's picture

MA Delegates--PLEASE don't take LEGAL advice from strangers!

Perjury is a felony in some jurisdictions. Contact a LICENSED ATTORNEY authorized to practice law in MASSACHUSETTS, preferably one familiar with ELECTION LAW for LEGAL advice.

Contact the CAMPAIGN for STRATEGIC political advice.

There are two issues--LEGAL and POLITICAL.

What are the potential LEGAL penalties for signing it and abstaining on the first ballot? What are the potential LEGAL penalties for signing it and voting for Ron Paul on the first ballot?

What are the potential POLITICAL issues of NOT signing it? Will this identify you as a troublemaker and get you replaced with an alternate?

If you're a MA Delegate, PLEASE get some legal advice before you sign or alter the statement the MAGOP sent you. (Everyone should have every legal document reviewed by a competent licensed attorney before signing, that's just due diligence.)

I am not an attorney and this is not legal advice.

"Evil is powerless if the good are unafraid." - Ronald Reagan

Public Relations Consulting

All Dealt with

In the link posted below to "Lawyers for Ron Paul" Facebook

The state can only 'attempt' to penalize delegates who sign the affidavit as is and then go on to vote for Ron Paul anyway in the first round.

If they dont sign they cant suffer any state penalties. this is what an affidavit is for. ONLY SIGNING under false pretence can get you in trouble

However - USC 42 1971-1974 AND 1983 regarding voting rights and the actions that can pursue when a person's individual liberty is infringed upon by coercion or 'intimidation' to vote not in accordance with their free choice. This includes signing away your vote in an affidavit oath.

In Addition
The RNC does not recognize states binding of delegates. Although the state is allowed to bind delegates on their records. The State Party or NOONE at all is allowed to mandate you to sign according to that binding if it is not for your preferred candidate. Else Federal Law regarding 'Elections' and thus Voting Rights as defined by USC 42 1971 COMES TO THE DEFENSE of the individual as such mandate for signing infringes upon their voting rights as delegates to the national convention.

The laws are very specific. with the State by-laws stating that they must adhere to and respect individual liberty as defined by the constitution.

This means that any interpretation by the MASSGOP to the effect that would violate the constitution and thus federal law and CANNOT be upheld in court.

It has also been found that the law makes clear that this Nomination Convention is considered a "Federal Election" and is thus bound by the federal laws regarding "Elections" including Voting Rights USC 42 1971. IT ALSO INCLUDES PROVISION FOR THE SELECTING AND ELECTING OF DELEGATES as part of the nomination process which IS "AN ELECTION"

In other words:
Delegates may be required to certify themselves as delegates but are not required to sign away their free choice of vote under any form of threat or intimidation.

This is why the "Strike-Through" method is being suggested as it is legal to do so and after doing so, one can confidently sign the affidavit stating that they agree and affirm the contents of the affidavit by penalty of perjury etc.

Draw a line through the part about Romney and place you initials next to it. sign and submit. signifying legally that you affirm all the contents of the affidavit.. except the oath to Romney.

https://www.facebook.com/groups/188334154612254/permalink/23...

We need a headline on DP for this!

THIS IS REGARDING THE MA AFFIDAVIT OATH TO VOTE FOR ROMNEY!
MA DELEGATES PLEASE USE THE "STRIKE THROUGH" METHOD DESCRIBED IN THIS POST - https://www.facebook.com/groups/188334154612254/234588336653...

Headlines at:

http://www.dailypaul.com/236676/rnc-legal-counsel-delegates-...

http://www.dailypaul.com/236693/rnc-legal-counsel-delegates-...

My fingers are crossed that MA delegates will read and act on this in time. Blessed be!

Joη's picture

then make a post about it

http://www.dailypaul.com/faq#post

"You underestimate the character of man." | "So be off now, and set about it." | Up for a game?

RNC Legal Counsel: Delegates are unbound, Ron Paul poised to win

"In what may be the most stunning revelation of the ongoing GOP presidential nomination process, it has been discovered that in 2008, the RNC Legal Counsel legally interpreted the RNC rules and concluded that all delegates, regardless of state party rules, could vote for whomever he or she chooses at the Republican National Convention. This legal inquiry by the RNC was the result of a delegate's desire not to vote for a candidate who did not represent his principles. The significance of this legal interpretation by the RNC lawyers is that all delegates are free to vote for any candidate regardless of any such “binding”. Because the RNC was the organization that conducted this legal examination, THEIR RULING TRUMPS ALL STATE GOP RULES."

http://www.examiner.com/article/rnc-legal-counsel-all-delega...

Here's What I Would Do -- We Seem to Have this Wrapped Up

From John Maige (on "Lawyers for Ron Paul FB page):

"It may be possible to simply draw a line through the phrase '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,' and place your initials next to the crossed out section to certify that you do not agree to that part of the document. Then sign the document and hand deliver to the town clerk before 3pm May 29th. This should definitely quantify a legal solution that is absolutely defendable in court. DO NOT USE WHITE OUT as the statement that you "strike through" should still be visible to be read by a judge.

Delegates should certify themselves either through a custom legally formatted affidavit, or by using the "Strike-through" method for contracts and affidavits on the MASS GOP phony affidavit (easiest method). Any detraction will not be upheld in court based on case history placing the delegates in the advantage. As defined by USC 42 1971-1974 AND 1983 Voting Rights - The delegates must have freedom of choice all the way through the nomination process! The State GOP is held accountable to the Constitution and as it pertains to Civil Rights.

Violations of individual liberty/civil rights can result in Civil proceedings against the offending body. In which case the Ron Paul delegates hold the advantage in all matters of the court regarding their voting rights!

To Sign or Not To Sign?

John Maige (Lawyers for Ron Paul FB group):

‎- it would seem that not signing is the way to go. but the delegates may need to certify themselves with an affidavit that meets the legal requirements and structure.

- If they sign they need to contest in court to have the unlawful part of the affidavit struck out of the contract.

signing will guarantee they go to tampa, while NOT signing may ensue a bit of a struggle with the courts if they were required to certify themselves before the deadline date.

Hot Off the Press. . .

John Maige at FB group "Lawyers for Ron Paul" just posted this:

"The way I see it there are 2 options for the delegates:

"1.) The delegates can print and create their own Affidavit of certification document, sign and hand deliver to the town clerk risking the allocation committee's denial of certification to which they can challenge in court and if they win can also i believe start another lawsuit to have their lawyer fees repaid by the offending body.

"or

"2.) Sign the phony affidavit sent to them and immediately move to contest in court to have the part about "the oath to vote for Romney in the first round" Struck Out of the contract as it violates their civil rights.

"See Blue-Pencil Severance Definition: Striking out an offending part of a legal document, such as a contract or a statute.
http://www.duhaime.org/LegalDictionary/B/BluePencilSeverance...

"I believe either of these options would be successful, but the 2nd option may be the safer as it guarantees the delegates will get certified on time, and a judge can decide if the affidavit or parts of it were unlawful and strike them out citing coercion/intimidation as the reason for signing."

I have no idea who John Maige is. I've been following him for the past several days, and he seems legit. My prayers are with the Massachusetts delegates to intuitively make the correct move. Blessed be!

FB Lawyers 4 Ron Paul

Obviously are NOT trial lawyers.
Trial lawyers NEVER advise a client to "SPILL THEIR GUTS".
The Addendum detailing WHO a DELEGATE would VOTE FOR is NOT NEEDED.

Return your own affidavit that details residency, election as a delegate, caucus location and date, include date of enrollment in Repub.Party and ONLY THIS EXTRA:
"I certify that I have read and understood the rules of the MASSACHUSETTS REPUBLICAN PARTY PLAN FOR THE SELECTION OF DELEGATES."

That's all...PERIOD!....FINITO....FINIS....THE END
NO STATEMENTS relating to ROMNEY OR RON PAUL.
Your AFFILIATION has already been attested to, it's your location, district etc...nothing further needed.

Now get them in!

"Beyond the blackened skyline, beyond the smoky rain, dreams never turned to ashes up until.........
...Everything CHANGED !!

I Second this Post

It is imperative that each and every Ron Paul loyalist shows up and is seated at the RNC in Tampa. Give the MA GOP only the minimum that is required and nothing else which can possibly be used against you. It is also perhaps best to hold out until the last possible moment before the May 29 deadline to hand-deliver these affidavits in case any new directives come through from the Ron Paul Campaign. Until then becomes now, this is the sum total of the most relevant information we have received from all sources.

Here's Lucky225

http://en.wikipedia.org/wiki/Lucky225

Is that you Jered?

Your sites check out.. They are linked to a Jered Morgan.

Edit: Was it something I said? :)

*Waves to Steve

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

That's me.

That's me.

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

Your Ears Having Probably Been Ringing

I've been quoting you here from your comments on the FB "Lawyers for Ron Paul" page. (((Tee-hee)))

Oh, yeah, I've tried to make

Oh, yeah, I've tried to make it crystal clear that my handle and name are one in the same. I guess some people didn't see that since John M constantly floods the comments :/

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

So are there any lawyers in "Lawyers for Ron Paul?"

Also, isn't it Attorneys for Ron Paul or do we have multiple groups that we're taking "advice from.

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

Nothing found on the internet

Nothing found on the internet should be considered legal advice, my post here is simply my opinion based on the facts and statutes publicly available for inspection.

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

Point taken..

We'll see what happens with the opinion givers in the coming weeks.

If I offend you then you'll just have to be pissed but you have a rat in your midst with Steve Parent and I'm getting the distinct feeling that all of this delegate bullshit of late is being orchestrated.

How about changing your name for the facebook page too since none of you are lawyers.. unless it was by design to give an impression.

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

Jerry Davis is the Person to Address About the Name Change

He has 30+ years studying Constitutional law and 4 years of Criminal Justice Management. As far as I know he started "Lawyers for Ron Paul" based on the fact that we works with Tools For Justice and Lawyers and Paralegals.

There are a few attorneys hanging around DP too. But none appears to be Massachusetts attorneys per se; so most hold their opinions close to their chests.

This is the real Attorneys for Ron Paul

https://www.facebook.com/groups/328891503829969/

These people are actual Attorneys. We should be getting our legal advice from them per Dr.Paul's endorsement.

http://www.ronpaul2012.com/2011/12/07/ron-paul-campaign-anno...

If they'll give it.

If you guys are the real deal and not shady too then I'd get as far as you can from Steve Parent and associates.

It's not going to get better anytime soon.

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

Great FB Link!

Thanks for your research and for sharing, re4pres! Genuine appreciations for your "eagle eye"!

Nice, thanks for the info,

Nice, thanks for the info, brings a lot of daylight considering the choice of words for the other group. I'm certainly not trying to deceive anyone here or give that appearance.

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

Sure, you bet.

.

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

Nothing you've posted has

Nothing you've posted has offended me, I just joined the group just yesterday(days AFTER I posted this). The group isn't mine, so I don't really have any say over the name. I have not, nor am I trying to, portray myself as an attorney. I didn't really even know Steve Parent had any hand in the facebook group, don't really care either.. we're all individuals here that can think and speak for ourselves. Just trying to share information that's available and a viable solution using that same information. The opinions expressed by me, or anyone else for that matter, do not necessarily reflect the same of the group.

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

Mind linking the facebook page

because I'm not seeing it on google when I type "Lawyers for Ron Paul facebook"

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

"Lawyers for Ron Paul"

The group I'm familiar with is "Lawyers for Ron Paul." None of the members as far as I can tell are Massachusetts attorneys, which is a bit of a handicap. But the thought is that the Romney Campaign may try to pull this same affidavit shenanigan in other states as well. So the work they are doing (with the assistance of Steve Parent, Parlimentarian) is to come up with a strategy that all RP delegates can use, regardless of state affiliation.

Jerry Davis, the apparent head honcho, is not an attorney but has 30+ years studying Constitutional law, 4 years of Criminal Justice Management, and has worked with Tools For Justice and Lawyers and Paralegals. He is also a Senior Admin with WTPN. At present, the Lawyers for Ron Paul group DOES HAVE a group of certain people who DO and/or can have contact with the campaign. I am unfamiliar with "Attorney's for Ron Paul." Perhaps there are two groups.

Call the campaign for delegate advice

.

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.

The Way I Understand It. . .

The Campaign is grateful that we, the supporters, are showing the enthusiasm we are for this. Nowhere has there been any direct advice (yet) from the campaign. RP doesn't seem to want to be labeled as spearheading any controversy on the convention floor.

Do we have actual lawyers that are versed in political law

or just a bunch of people who are trying to figure it out? The reason I ask, is because, there seems to be a lot of confusion on what needs to be done, what can be done and who should do it.

If we make a mistake and fall for a ploy or make a misstep in general we are screwed. I'd like to know we had people who actually knew what they were doing instead of guessing.

Patriot Cell #345,168
I don't respond to emails or pm's.
http://www.youtube.com/watch?NR=1&feature=endscreen&v=qo8CmO...
Those who make peaceful revolution impossible will make violent revolution, inevitable.