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DEL.ICIO.USThurbert Baker: Delegate switching in Denver isn’t his problem
The Atlanta Journal-Constitution
In the Democratic blogosphere, there’s been some chatter about a provision in the Georgia Code (O.C.G.A. § 21-2-196) that requires delegates to political conventions to stick with the candidates what got them there for two votes, or until the said candidate gets less than 35 percent in a round of voting, or until said candidate releases delegates from their pledge.
Delegates sign an oath, by the way, that is on file with Secretary of State Karen Handel. The statute requiring the pledge dates back at least to the mid-1970s.
Last week, an inquiry was sent the way of Attorney General Thurbert Baker, complaining that the Barack Obama campaign had been pressuring Georgia delegates pledged to other candidates to switch their votes. Baker, you’ll recall, was a Hillary Clinton supporter during the Democratic primary.
The originator of the letter, whom the Insider is attempting to contact, does not appear on a list of Democratic convention delegates.
In any case, Baker has declined to get involved. Here’s the reply issued on Wednesday by Dennis Dunn, deputy attorney general:
Your August 15, 2008, letter to the Attorney General has been referred to me for response. You have complained that supporters of Senator Barack Obama for President of the United States have been, both nationally and in Georgia, seeking to encourage delegates pledged to support other candidates at the Democratic National Convention to instead vote for Senator Obama’s nomination.
You have indicated that such individuals advocating this position are encouraging delegates to violate O.C.G.A. § 21-2-196, a statute providing that delegates file with the Secretary of State an oath that the delegate will vote for the candidate to which they are pledged. You have asked for our office to take “appropriate action” to ensure that Senator Obama’s campaign supporters act in accordance with this Georgia law.
In Georgia, the Attorney General may provide legal advice and representation to our clients within state government. We cannot provide those services to private citizens so I cannot advise you regarding any actions which you might take to address your concerns.
Additionally, the Georgia Election Code does not provide the Attorney General with any enforcement authority in relation to this issue. Therefore, this office cannot assist you in this matter.
In other words, said Baker spokesman Russ Willard, the crime of casting one’s vote for an unauthorized candidate at a convention doesn’t fall within Baker’s job description.
Prosecution for false swearing, after the fact, would be a matter between Secretary of State Karen Handel and Fulton County authorities. Perhaps a lawsuit. Willard couldn’t say if it had ever happened before.
Whether the above means anything is open to debate. After all, Clinton’s name will be placed in nomination, and a state-by-state vote will be called on Wednesday.
Comments
By Michael Jablonski
August 21, 2008 8:30 PM | Link to this
The US Supreme Court decided more than 20 years ago that national party delegate selection rules trump state statutes governing delegates to a national convention. Democratic Party v. La Follette, 450 U.S. 107 (1981) and Cousins v. Wigoda, 419 U.S. 477 (1974)
.”In the selection of candidates for national office, a National Party Convention serves the pervasive national interest, which is paramount to any interest of a State in protecting the integrity of its electoral process, and the Circuit Court erred in issuing an injunction that abridged the associational rights of petitioners and their Party and the Party’s right to determine the composition of its National Convention in accordance with Party standards.” Wigoda, 419 U. S. 487-491.
National party rules clearly state, “No delegate at any level of the delegate selection process shall be mandated by law or Party rule to vote contrary to that person’s presidential choice as expressed at the time the delegate is elected.” DNC Delegate Selection Rules, 12 I.
Ho hum.
By Michael Jablonski
August 21, 2008 8:32 PM | Link to this
The US Supreme Court decided more than 20 years ago that national party delegate selection rules trump state statutes governing delegates to a national convention. Democratic Party v. La Follette, 450 U.S. 107 (1981) and Cousins v. Wigoda, 419 U.S. 477 (1974).
“In the selection of candidates for national office, a National Party Convention serves the pervasive national interest, which is paramount to any interest of a State in protecting the integrity of its electoral process, and the Circuit Court erred in issuing an injunction that abridged the associational rights of petitioners and their Party and the Party’s right to determine the composition of its National Convention in accordance with Party standards.” Wigoda, 419 U. S. 487-491.
National party rules clearly state, “No delegate at any level of the delegate selection process shall be mandated by law or Party rule to vote contrary to that person’s presidential choice as expressed at the time the delegate is elected.” DNC Delegate Selection Rules, 12 I.
By Churchill
August 21, 2008 11:40 PM | Link to this
The Democrat Party hasn’t any rules. Anyway, just a few days away til the commencement of the Denver Democrat Riots of ‘08. Will the Obama supporters boo Clinton? Will the Clinton supporters raise hell during Obama’s big speech? Will Joe Biden be tapped for the veep spot and start gaffing away immediately? This is gonna be good! Peace.
By Crystal
August 22, 2008 12:58 PM | Link to this
Why does Barack Obama let his brother, G. Hussien Obama, live in a hut in Africa? What about the “least of these Obama? Why is he letting his own flesh and blood suffer in abject poverty, while lecturing the rest of us on what we are supposed to do when it comes to the poor. Obama is a complete, utter, and total fraud. Obama should clean up his own house before he starts lecturing me and the rest of the country?
By Mother Theresa
August 22, 2008 1:38 PM | Link to this
Crystal, I can feel the love emanating from you. If everyone would take the words and deeds of Our Lord as deeply into their hearts and lives as you do, this world would be practically indistinguishable from Heaven!
By Crystal
August 22, 2008 2:50 PM | Link to this
If Obama would just send his brother 20 bucks he would more than double G. Hussien Obama’s yearly earnings? Maybe he is try to keep his brother in a lower tax bracket? Otherwise, he is simply turning a blind eye to the suffering in his own family.
By The Devil
August 22, 2008 11:14 PM | Link to this
Crystal see you soon. Your hatred is special welcome to the head table darling.