Maine Attorney General Response: No Jurisdiction Over Party Caucuses
Submitted by DWade on Mon, 02/20/2012 - 06:04I just wanted to share the response I got from the Maine Attorney General research assistant to the following email.
From the response (see below), it is clear that the GOP is allowed to commit election fraud with impunity because they can fix their own rules and there is no legal recourse to an independent justice. To me this is another piece of evidence that our democracy is an illusion because the party can pretend to run democratic elections while trampling democracy and the people's only option seem to complain to the party and then be at the mercy of the party committing the fraud.
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Here is my email to the Maine attorney General:
Good morning Sir,
I am a concerned registered Republican voter who is worried about the possible electoral fraud committed by the Maine GOP after watching a very interesting report by Ben Swann called Reality Check. Is anything going to be done about this, such as a criminal investigation?
I would hope so because the reputation of the USA as a model for democracy is at stake if it is proved that thousands of voters were disenfranchised. This would be outrageous if it turns out to be true and no one is punished for this felony.
Thank you for taking this matter seriously,
PS: Here is the link (Ben Swann's Reality Check link)
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Their response:
Dear Oliver:
Your email below to Attorney General Schneider was forwarded to me for research and a response.
In Maine, the existing qualified political parties (Democratic, Green Independent and Republican) are required to hold a caucus each general election year in at least one municipality in each of 14 counties in order to keep their status as qualified parties. (Maine's newly qualified Americans Elect Party is required to hold a caucus in at least one municipality in each of the 16 counties in order to keep their status as a qualified party for 2012).
The statutory requirements for the conduct of a party caucus are minimal. Here are the links to 21-A M.R.S.A. § 311(4) and 313:
http://www.mainelegislature.org/legis/statutes/21-A/title21-...
http://www.mainelegislature.org/legis/statutes/21-A/title21-...
The only provision regarding voting at the caucus is in section 313, which allows the caucus to choose to conduct voting by checking each voter's name off the list or by secret ballot. Every other aspect of conducting the party caucus, including how the votes cast are tabulated and reported, is governed by party rules, not state law. A party caucus is not a state election; accordingly, the statutes that govern how votes must be tallied and reported in state elections do not apply.
Our office does not have any jurisdiction over the party caucuses, and we have no knowledge of each party's rules, nor any authority to determine compliance with those rules.
If you believe the results for your caucus were reported incorrectly, or that party rules were not followed in the conduct of the caucus, you should probably contact the political parties to address those issues.
Sincerely,
Martha Demeritt
Executive Assistant to Attorney General William J. Schneider
Legislative Liaison
Office of the Attorney General
6 State House Station
Augusta, Maine 04333
(207) 626-8599 - direct
(207) 626-8800 - main
(207) 287-3145 - fax
















Obvious response?
Cool to see so many comments on my first post. Some people have responded that I should have known this because it is evident a private club can't be liable for fraud, or that I wasted my time.
If it was so OBVIOUS, then how come when every body was crying over fraud on this site and other Ron Paul sites, no one mentioned these rules in a post to stop the polemic? How come it is on THIS site that I read people urging posters to email the Maine Attorney General and got his adress, same thing for Charlie Webster's adress?
Anyways, I am glad I got clarification and that this issue was brought back up to light because it is a wake up call for people like me who previously thought we could get justice. I now see that we have no alternative, and based on the argument that the GOP cheated Ron Paul, it makes even more sense now to encourage Ron Paul to try a third party run if he loses the nomination.
Tight, But Potentially Doable
You took action to clarify this situation of dealing with the GOP's fraud. You did well. Any potential legalities needed to be addressed and still do until every avenue is fully explored. This situation can be rectified in basically 3 ways. Do as you suggested and encourage Ron to run as an independent. Work to change the laws of each state dealing with political fraud in primaries, caucus or otherwise. Eliminate or ignore political parties altogether which is my preference. The latter prevents the urge to involve the state. As far as practicality, I agree with you that Ron should probably run as an independent if the political fraud doesn't stop within the next few months. Maybe, Ron should just continue through the GOP's convention in late August. He'll still have barely TWO months to form an independent run if he decides to jump ship. Tight, but potentially doable.
By any other name
I'm no legal expert, but I do suggest that fraud, is fraud, no matter how you wish to cut it.
Did any part of the process involve money ?
Did the initial contract (verbal or other wise) differ from the final outcome ?
Try offering something for $10 bucks, take the money and don't give the product.
Hey, they're my rules, I decided to change them, I'm a private club and can do what I want.
Fraud is fraud and is punishable.
ME AG RESPONSE TO VOTER FRAUD
WELL THAT WAS A WASTE OF TIME AND EFFORT! LOTTA HELP THEY WERE.
"Give me liberty or give me death!" Patrick Henry
Don't Forget
Just remember that a political party is NOT government. I'm perfectly fine with them having their own rules and sometimes rigging the election results (Even though it's not smart, but they have the right to). What bothers me is that this idea isn't widely thought of. We often connect these political parties with having to behave like our federal government should. The truth is, it's just an organization trying to put forth a platform on which they can make changes within' legislation and whatnot.
Imagine if we (Ron Paul supporters) had our own very large political party and then a guy like Mitt Romney came in and was starting a crony-capital movement within OUR party!? We'd go bonkers trying to keep him and his supporter's silenced.
So I understand why they're doing some of the things they're doing, but the idea is to make this movement so large that it can't be ignored. But it's gonna take time.
I just hate dishonest people.
I don't care who they are, or what their religion or politics.... If they can't even have an honest vote amongst themselves..............???
Of course Maine has no laws
Of course Maine has no laws governing party conduct, and lots of other states may be the same way. Without rules, the two factions can put up establishment candidates.
Sorry Mr. Paul, but you won't get a vote out of me in the primary. I'm not going to associate myself with fascist bozos. The primary game is completely rigged against you and there is no recourse.
Please seriously consider running as an independent in the general election, the real election, the only election that actually matters and stop trying to be accepted by a minority party that represents the highest ideals of two centuries ago.
The Republican party is dead. The only reason its corpse isn't festering is because the Paulistas keep pumping formaldehyde through its veins.
According to Numbers 5:11, abortions are supposed to be performed by priests, not doctors.
אני מקלל אותך עברית כי אתה לא שווה את המאמץ לקלל באנגלית
Actually it is more tricky
primaries are not elections per say. It is selecting a candidate within a party. Surely party should make all the rules. Yes, today it is a two-party mafia. Still, Santorum beats RP and Romney in many states without money and people on the ground. If RP had more voters backing him, the GOP establishment wont be able to stop him. Especially in a caucus where it is difficult to fudge more than 5-7%.
In Case Paul Gets Too Many Delegates They Want Daniels Or
"The Busher" waiting in the wings at the GOP Convention to throw monkey wrenches into the mix..
"Evil Never Gives Up, Neither Shall The Elect Of God" ~ Me..
I really hope not!
I first learned about the corruption of the Bushes about 25 years ago when my mother-in-law gave me copies of Lyndon LaRouche's New Federalist and the EIR.
As for Daniels, I have experienced him first hand. Although I now live in Texas, I'm originally from Indiana. It didn't take long for people to dislike him. Shortly after he was elected, Ditch Mitch bumper stickers were popping up all over the place. I've always been convinced his second term election was a fraud. I found it hard to believe he could have been elected for a second term, because I never came across one person who liked him.
Why did anyone think he did?
It's the private internal matter of a private organization.
If you care about how a business is run, you get involved.
You get involved way early on, LIKE TWO TO FOUR YEARS PRIOR
RP and the GOP itself BEGGED us to get involved over the past four years, don't complain now for your own lack of involvement.
To War, or not to war?
It is that easy.
Please take the time to read and comprehend this blog story. It pretty much nails it very well on the head for all to understand.
Pass it on to the war mongers in your family and ask them, are you really ready to give it all up for a little CNN TV warcrimes time? Do you want a future, or not?
http://poorrichards-blog.blogspot.com/2012/02/consequences-t...
.
.
This is basically what happened in NV last election. The judge abdicated his authority over party elections even though we are governed by a 2 party system. The only thing that the people in Maine can do is take the judges name down and work against him in his next election.
For Once, the Court Was Right
We are NOT governed by a two party system. There are dozens of parties and they are free to make their own rules over how they decide who best speaks for them (nominating candidates is freedom of speech) or who they want to allow to vote (freedom of association).
If they violated their own rules, and you can't get satisfaction from the GOP judicial committee, you might try small claims court to get back your dues, I suppose, but it really is none of the governments' business how the party operates internally.
I chose to join the LP where at least I don't have to worry about unprincipled people grabbing for power (they wouldn't join the LP). But I would NEVER call the cops to force a private political organization to do anything. You either work with them to fix it, or you quit the club.
You can reach voters in California, here: http://consequeries.com/California-voter-guide.php
two words
"I chose to join the LP where at least I don't have to worry about unprincipled people grabbing for power"
Two words: Bob Barr
http://FlipFlopRomney.blogspot.com
Those 2 words are hilarious
Got ya!
And former CIA member & Libertarian's own Bob Barr just endorsed..... Newt Gingrich -- hahahaha!
What principle! I'm running now to join THAT party!
Private groups and state oversight...
Think it through, we don't WANT states to have jurisdiction over political parties. They are PRIVATE groups with free membership. It is the fact the EXIST that is the problem, not that they remain unregulated.
Sucks that they are cheating, but sucks WORSE that RON PAUL has to run as a Republican in the first place.
Carl Bradley
www.RetakeTheRepublic.com
break the 2 major powers of major parties
Eliminate ballot access restrictions and campaign finance laws.
That's where they have a stranglehold.
And do it all while striving for less government power everywhere.
Producing, distributing and archiving the BEST Ron Paul Speech films.
The "free" world
If you actually check the majority of nations that claim to be a democracy you find the following:
1) 1-3 major political parties with sometimes similar names that are supposed to somehow represent their political ideology or basis for governing. Having the word democrats in the name is also popular for some reason.
The ruleing parties have been around since 50 or more years.
The newer ones that made it to power ran on popular votes but still stick to mainstream ideas for other issuses.
2) They all pick or nominate their party leader from within the party in a closed session (you in the USA think you are an exception but from what we are seeing I doubt it)
3) The true election always have two large political parties or coalitions that appear to have different views on how the country should be run. Every MSM is playing along with the idea that this somehow is the choice to have when elections are approaching.
4) Every "radical" party or ideology that is seen to gather support is bashed in every way possible. Status quo must be preserved or else the sky will fall.
Granted, beeing conservative is a nice quality to have but why does this only apply to the mainstream position and why is the true conservative position the one that will make the sky fall? Especially when we can see the sky starting to crumble.
5) No policy or political ideology that is coinsidered "mainstream" by both the MSM and the parties is ever discussed with different ideas and solutions. That is to say the status quo is never challenged. No journalist will ever ask the right questions, almost as if questions are screened for every interview.
Face it, we dont have any democracy in the free world. The idea of choice does not exist. The notion that everyone can start a party and run for the powerseat in order to present the best solutions with the best ideas does not exist.
If it did, logic dictates that there would be atleast one ruleing party in the free world that did not support the globalisation process. Instead all of the countries are more or less on the same path to the same endgame.
When we have Russia and China as our guardians from further wars in the middle east then something is very wrong.
At the very least there should be discussions. If you ever happened to find yourself watching some parlament procedures where there is supposed to be a debate or something similar regarding some topic of choice. All you are going to hear are people dodging questions, giving lame answer and avoiding any form of civil discussions.
For gods sake, these people are supposed to be running countries. We all need the best solutions. Not party decided positions that never change.
From my understanding the whole point of having an discussion or debate is to voice oppionions and to try to persuade others to choose the best solution.
I double dare anyone to find any politicans that changed their mind following a political debate that started out with different views.
It does not exist. But when faced with a problem or issue there is only one perfect solution.
Political correctness is to blame here. For a politican to "change" his or her position on a issue seems to be sacreligious.
Political correctness also brought in emotions into politics. Worse yet, it brought in appeared emotions. Politicans cant make tough decisions anymore.
Great leaders are products of hard decisions. Nowdays politics are only giveaway festivals. The one who promises the most gets to play Santa Clause.
Probably does wonders for people with a bad conscience. Giving away other peoples money must be a treat.
Perhaps I am totally wrong in my assumptions and change is comming. Perhaps the delay is caused because mainstream is always lagging behind.
Then again I for one cant really understand when common sense went out of style. Perhaps it was abandoned when womens rights became mainstream. And no I am not trying to be insulting to any females.
We in Sweden are on the forefront when it comes to fake democracies. Our government has been taking care of people and handing out goodies for so long (high taxes prolongs the ponzi) that almost every citizen thinks this is how a perfect society is supposed to look like.
But even our foundations are cracking and when we fall it will be an epic awakening and reality check for many.
Untill then all we have is the hope that Ron Paul becomes president and changes the world!
Ha, but certainly all those
Ha, but certainly all those people who criticized me for saying that a lawyer I know said this very same thing when I asked him during the Nevada issue(s) couldn't be wrong, right??
As I've said, party elections are completely different from general elections and as so are under very different rules/laws.
Ok, well if they
don't have to abide by any rules, and cannot be prosecuted, then we don't have to abide by any rules, either.
Let's give them back double what they gave to us.
Hmmmmm......
^^^^^^^^
Freedom is the answer !!
What's the question ?
-Jack Blood-
There is certain a civil fraud suit here.
Any civil lawyers from Maine here?
The Federal Crime of Election Fraud
I hope this is informative & PLEASE get this out to as many as possible. You have a right and duty to know what constitutes Election Fraud!!!
The Federal Crime of Election Fraud
Prepared by Craig C. Donsanto Public Integrity Section
The material that follows addresses the role of the United States Department of Justice in criminal matters that arise out of the balloting process, i.e. election fraud.»1
This paper seeks to answer the most frequently asked questions concerning the federal law enforcement role in election matters. Particularly, what sort of election-related conduct is potentially actionable as a federal crime, what specific statutory theories apply to «frauds» occurring in elections lacking federal candidates on the ballot, what federalism, procedural, and policy considerations impact on the federalization of this type of case, and how Assistant United States Attorneys (AUSAs) should respond to this type of complaint.
An effective federal role in prosecuting crimes against the electoral process is critical to the proper functioning of American democracy. The integrity of the voting process stands at the very heart of our system of representative government. Where elections are corrupted, arbitrary and corrupt government inevitably follow. Rooting out corruption in the election process, and bringing those responsible for it to swift and sure justice, is an important national law enforcement priority.
* What sort of activities are prosecutable as federal «voter fraud» crimes?
The federal concept of «voter fraud» applies only to activity that is appropriately remedied through criminal prosecution, as distinguished from other less severe remedies such as election contest litigation or administrative relief...
For the rest of the document :
http://soundpolitics.com/The%20Federal%20Crime%20of%20Electi...
You all need to understand one thing.
This is a caucus, it is nothing more than a popularity contest for the leader of a club called the Republican Party. No different than a vote in your tree house club. Seriously.
The AG would involve themselves in an actual binding contest like a general election but as of right now, the party can pick whomever they want to be their representative. If Paul won handidly they can still go with Romney.
However the party has rules and members and if they don't follow their own rules they risk losing membership. That is the only thing that they are working hard to prevent.
www.youthforronpaul.com
www.yaliberty.org - Young Americans for Liberty
www.ivaw.org/operation-recovery - Stop Deploying Traumatized Troops
EXACTLY! I don't understand
EXACTLY! I don't understand why this is confusing so many people!
This is nothing new
DWade,
You were wrong to waste time inquiring about what is self-evident fact. Now you have self-corrected and that's a good start.
A caucus is run by the party. It's not news. There's NO election fraud because no law is broken. The GOP doesn't give a damn and doesn't correct for these problems BECAUSE so many people have no clue of self-evident facts like this.
To request that the State step in is to urge a dangerous precedent be set.
It comes down to all the Ron Paul supporters who now are active within the GOP. IF they want honest counting of their inhouse elections they've got to achieve it instead of expecting taxpayers to do so for them.
Either Ron Paul supporters will get busy and clean up the mess which is the party they have joined or they will opt out of the GOP.
The GOP is a den of thieves, and no one was forced to join. Lie down with dogs, get up with fleas. All of that applies.
They'll keep doing this until either the Ron Paul supporters clean the GOP stable or choose to leave. It's always been that simple.
Producing, distributing and archiving the BEST Ron Paul Speech films.
The Party election is not the
The Party election is not the same as a general election, therefore if the Party doesn't have any rules against voting fraud in its rulebook, then technically there can never be voter fraud; no matter what transpires. Unless RP supporters occupy and take-over the RNC or DNC there really is not much hope that a Liberty candidate will ever get the RNC or DNC to support them(as in nominating them) for the office of the Presidency of these United States.
People can complain all they want, but who are you complaining to: the same neocons who supported these acts and who do not want Dr. Paul to become President, so why do you think they will do anything to help Dr. Paul out; the answer is that they won't.
you just inadvertently
... showed how to work this issue!!! The GOP "rulebook" - let's get a copy and go over it with a fine tooth comb / compare state-by-state and nationally. THIS is how we expose the fraud - it's probably right in the rule book waiting for us to find it. I'll be getting a copy asap and get to work on this project. Perhaps we should contact Bev Harris in this regard as well. TURN UP THE HEAT until the fraudsters can't take it anymore...
I am the GOP.
»»» http://riseforliberty.com/ «««
that's not new at all
That's self-explanatory.
Do you play a board game and expect to win if you don't know the rules?
The Ron Paul campaign has worked hard to try and teach the rules.
It's not a Zen moment.
Next, you need to understand that the rules change, at the whim and direction of those in power. That was Nevada and that was Maine.
You'll see that at the convention.
It's an old, old game.
Producing, distributing and archiving the BEST Ron Paul Speech films.