6 votes

Texas - Election Statutes a complete listing of this HUGE regulatory monster. Delegate PENALTIES

I was asked to look into potential legal penalties for Texas Delegates that fail to follow the PRESELECTED candidate they are to represent. I have looked and I cannot find any penalties in the law, but when you look at the never ending laws, you feel as though you can easily miss something.

In my opinion (worth about 1 cent) if I pay to be affiliated in a party, pay to go to a state convention and then pay to go to the National Convention without COMPENSATION from the party... Then I am acting as a independent agent. I am not under a contract and am not restrained.

Texas Statutes - Title 10: POLITICAL PARTIES
Chapter 191
Chapter 171

I did find this interesting tidbit:
UNLAWFULLY PROHIBITING EMPLOYEE FROM ATTENDING POLITICAL CONVENTION
(a) A person commits an offense if, with respect to another over whom the person has authority in the scope of employment, the person knowingly:
(1) refuses to permit the other person to be absent from work for the purpose of attending a precinct convention in which the other person is eligible to participate or attending a county, district, or state convention to which the other person is a delegate; or

I did not find what I was asked to find, but that does not mean it is not there. After hours of looking at all the statutes I simply cannot continue. Others are welcome to review.

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Military = $1,361. Buying the vote = Priceless. For everything..

For everything else, there is the Fed. Pull their line-of-credit. End the Fed.

Military Statistics > Expenditures > Dollar figure (per capita) by country per year.
Rank Country Total
______________________________________________________________
Latest available data. Military / GDP
Rank Countries Amount Date
# 1 Israel: $1,361.80 per capita 2003
# 2 Kuwait: $1,050.81 per capita 2004
# 3 Norway: $883.59 per capita 2003
# 4 Bahrain: $878.57 per capita 2004
# 5 Saudi Arabia: $833.75 per capita 2002
... (Rank of list of countries)
http://www.nationmaster.com/graph/mil_exp_dol_fig_percap-exp...

DEFINITION: Current military expenditures in US dollars; the figure is calculated by multiplying the estimated defense spending in percentage terms by the gross domestic product (GDP) calculated on an exchange rate basis not purchasing power parity (PPP) terms. Dollar figures for military expenditures should be treated with caution because of different price patterns and accounting methods among nations, as well as wide variations in the strength of their currencies Per capita figures expressed per 1 population

Site allows you to select charts, tables & graphs. Military, Democracy, Crime, etc.

Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

I was looking for this last

I was looking for this last week as I was a Texas alternate and I wont be voting for the "Republican Nominee". Could not find any laws saying against not voting for Mitt.

Southern Agrarian

here is a key statement from their party rules:

b. Length of Commitment:

A person who is elected as a delegate or alternate to the National Convention and who is assigned to a Presidential candidate to represent that particular Presidential candidate at the National Convention and who does not resign from the position is pledged to support that Presidential candidate at the National Convention until the candidate is nominated or until the delegate or alternate is released from the pledges as follows:

1. First (1st) nomination convention ballot: delegate or alternate shall be released from the pledge only in the event of death, withdrawal, or by decision of the candidate. For the first ballot taken at the National Convention to determine the nominee of the Republican Party for the office of President of the United States, the totals of the votes of the members of the Texas
delegation shall be announced as they would have been if the individual delegates had been awarded to or designated for the respective candidates for such office on the Texas General Primary ballot in accordance with the statewide result of the voting for such candidates. No poll of the members of the delegation, except as provided below, shall be taken for the announcement of the vote. Uncommitted delegates, including the delegates who are members of the Republican National Committee, shall be polled by the chairman of the delegation prior to the announcement of the vote and the vote announced shall include the votes of those delegates.

2. Second (2nd) and subsequent nominating convention ballots: delegates and alternates are released from any pledge and may vote as they choose on all questions and candidates presented at the National Convention.

In other words, no bound delegates do any voting on the first ballot anyway. The first ballot vote is automatic for most of the Texas delegation. Only the candidates that are officially uncommitted cast ballots, and these are added to the automatic votes to produce the total. On the second ballot, all delegates can vote for anyone they want. So there's not ever a chance for any bound Texas delegate to cast a vote, thus no chance to break the binding. Breaking delegate binding is thus an impossible crime to commit, so I wouldn't be surprised if there weren't any enumerated penalties for doing it.

Law is better

§ 191.007. ALLOCATION OF DELEGATES. Each political party
holding a presidential primary election shall adopt a rule for
allocating delegates based on the results of the presidential
primary election. At least 75 percent of the total number of
delegates who are to represent this state at the party's national
presidential nominating convention, excluding delegates allocated
among party and elected officials, shall be allocated in accordance
with the rule among one or more of the candidates whose names appear
on the presidential primary election ballot and, if applicable, the
uncommitted status.

One Electorial College Elector Refused to Vote Unanimously

Just 'cause. Just 'cause what an Electorial College delegate votes ain't right, it ain't necessarily wrong teither. Electorial College ain't making proclamations.

One Electorial College Elector Refused to allow unanimous Electorieal College vote for any buy the esteemed President George Washington on the grounds that Mr Washington was not a man who would be King. And none that follow Mr Washington should be king.
----------------Electorial College Unbound Electors------------

The best-laid defenses ...

So much for the charges against the electoral college. The arguments in favor of the electoral college are a bit more intricate. Here's a quick list of the favorite defenses -- and the counterarguments that undo them. http://faculty.saintleo.edu/slu101/research/election_searche...
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1820 - William Plummer, Sr. (Democratic-Republican, New Hampshire)

William Plummer, Sr. was pledged to vote for Democratic-Republican candidate James Monroe. Instead, he cast his vote for John Quincy Adams, also of the Democratic-Republican Party.

Adams was not a candidate in the 1820 election. Supposedly, Plummer did not feel that the Electoral College should unanimously elect any President other than George Washington.

Other than three Electors who did not cast votes, Plummer’s vote for Adams was the only vote not cast for Monroe. http://faculty.saintleo.edu/slu101/research/election_searche...
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The founding fathers... Advocates of the electoral college often appeal to the wisdom of the Founding Fathers -- after all, they set up the system, presumably they had something just and wise in mind, right? Wrong. History shows that the framers whipped up the electoral college system in a hurry, with little discussion and less debate. Whatever wisdom the Founding Fathers had, they sure didn't use it to design presidential elections. At the time, most of the framers were weary after a summer's worth of bickering, and figured that George Washington would be president no matter what, so it wasn't a pressing issue.... http://www.MotherJones.com/politics/2004/10/indefensible-ele...

Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

Republican form of government

Our fore fathers intentionally gave us a republic. Many of them considered a democratic government to be the vilest form of government possible, worse than a dictatorship.

People will rise up and overthrow a dictatorship or monarchy if the rule becomes unbearable. But a democracy is nothing more or less than two wolves and a sheep deciding what is for dinner; the majority are always rewarded with tasty morsels, while the minority and the weak are forever cannibalized. There is no justice or liberty in such a system, only mob rule.

To understand why they gave us the Electoral College, one only needs to look at this years Republican nomination process. Ron Paul's supporters despite currently being less than a majority have had a great deal of success in the caucus states and even in the primary states when delegates to the state conventions select RNC delegates.

The caucus process is a state level version of the electoral college. The uninformed, brainwashed, greedy, corrupt and/or stupid masses come together to select representatives from their precincts to represent them at a higher level (county, district, state). Hell, most of them can't even be bothered enough to figure out how to do that.

It is the delegates job to make themselves informed, to study the alternatives and make reasoned, moral, just and sound choices that will best suit the area they each represent.

A republic works best when the masses select educated people of good character for their delegates. The party-ed system that evolved almost immediately in this country works against this in that the parties usually try to dictate the selections often by pushing uninformed people (party cronies) into delegate positions.

But delegates and in the case of the Electoral College, electors are supposed to be free agents guided by their own moral compass and their own sound, informed judgement.

Don't be fooled into thinking the Electoral College was a random thought, our fore fathers knew what a republic was and put this in place to protect us from mob rule.

Mighty mountains in grandeur stand, but tiny raindrops turn them to sand! Noah, I think I just felt a raindrop!!

With little doubt, I venture that you are correct. Thank you.

"It is the delegates job to make themselves informed, to study the alternatives and make reasoned, moral, just and sound choices that will best suit the area they each represent.

A republic works best when the masses select educated people of good character for their delegates. The party-ed system that evolved almost immediately in this country works against this in that the parties usually try to dictate the selections often by pushing uninformed people (party cronies) into delegate positions.

But delegates and in the case of the Electoral College, electors are supposed to be free agents guided by their own moral compass and their own sound, informed judgment.

Don't be fooled into thinking the Electoral College was a random thought, our fore fathers knew what a republic was and put this in place to protect us from mob rule." - MindWalker55, DailyPaul Member coaching Mark Twain, 2012.

Oft, I am thought the fool. Fortunately, I am have my wits about me.

    "Hain't we got all the fools in town on our side? And ain't that a big enough majority in any town?" - The Adventures of Huckleberry Finn

Thank you for your reply. I will continue my study & journal my travails. Best regards.

I strongly support Ron Paul & his guidance toward "We the People" restoring our own country as our "Republic for Which We Stand."

"Home of the Free. Land of the Brave."

[Train whistle blasts. Grab ticket. Scurry along rail station platform with travel bags. Jump aboard as train leaves station.]

Disclaimer: Mark Twain (1835-1910-To be continued) is unlicensed. His river pilot's license went delinquent in 1862. Caution advised. Daily Paul

Thanks for looking

I think the best advice is for people who want to run for chair or PC and be a delegate again in the GOP is to follow rules and all others vote Paul first round. I think the latter will far outnumber. You can always get delegates again.

Unless they replace you with unkown alternate, but I did not

see anything like that in rules.

Yes,

I agree with you on the TXGOP rules. The State election laws appear to leave the process up to the "private club" known as the Texas GOP.

The only penalty I could find was this:

And it does not apply to the subject. It seems like a big NO-No to me, yet the penalty is just a slap on the wrist--a Class C misdemeanor. Like a traffic ticket fine.

Texas Election Code - Section 162.014. Unlawful Participation In Party Affairs

§ 162.014. UNLAWFUL PARTICIPATION IN PARTY AFFAIRS. (a)
A person commits an offense if the person knowingly votes or
attempts to vote in a primary election or participates or attempts
to participate in a convention of a party after having voted in a
primary election or participated in a convention of another party
during the same voting year.
(b) An offense under this section is a Class C misdemeanor.

Acts 1985, 69th Leg., ch. 211, § 1, eff. Jan. 1, 1986.

Yes

I didn't post that because the certification committee is supposed to be able to vett that sort of thing. If they miss it and find out later, the person can be charged.