PRELUDE TO A LAWSUIT

(09.26.10 NOTE TO WND READERS (AND OTHERS) SENT HERE ON A WILD GOOSE CHASE THINKING THIS ARTICLE REFERENCES CERTIFICATIONS OF OBAMA’S NOMINATION:  THIS ARTICLE HAS ABSOLUTELY NOTHING TO DO WITH CERTIFICATIONS OF NOMINATION.  IT ONLY DISCUSSES THE FACT THAT CITIZENS IN SOME STATES HAVE ENACTED LAWS WITH RESPECT TO THE PRIMARY AND CAUCUS CONTESTS OF (PRIVATE) POLITICAL PARTIES, WHICH LAWS REQUIRE PLEDGED DELEGATES TO VOTE FOR THE CANDIDATE VOTERS ELECTED THEM TO REPRESENT ON THE FLOOR OF THE PARTY CONVENTION.  PLEASE DO NOT BE MISLED ABOUT HOW OUR GOVERNMENT WORKS BY TAKING ADVANTAGE OF SHORTCUTS LAID OUT FOR YOU BY PEOPLE WHO ARE APPARENTLY MORE INTERESTED IN SELF-AGGRANDIZEMENT THAN IN HELPING TO FORM AN EDUCATED ELECTORATE.  THERE IS NO SUBSTITUTE FOR DOING YOUR HOMEWORK.   I HAVE EXPLAINED SEVERAL TIMES, THE FACT THAT SOME STATE LAWS REQUIRE SPECIFIC LANGUAGE OF CONSTITUTIONAL ELIGIBILITY; AND THAT SOME DO NOT, IS A DISTINCTION WITHOUT A DIFFERENCE, WHEN “DULY NOMINATED” MEANS, CONSTITUTIONALLY ELIGIBLE AS REQUIRED BY THE DNC CALL.  THE ONLY FRAUD IMPLICATED IN THESE CERTIFICATIONS DERIVES FROM THE FACT THAT BASED ON DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, NO ONE WHO SWORE TO STATE ELECTION OFFICIALS OBAMA WAS ELIGIBLE FOR OFFICE, TO GET THOSE OFFICIALS TO PRINT HIS NAME ON THE BALLOT, COULD HAVE ASCERTAINED BEFOREHAND HE IS A NBC.  BUT THIS ONLY CONSTITUTES ELECTION FRAUD IN THOSE STATES LIKE HI, GA, MD, SC, TX, AND VA THAT REQUIRE CANDIDATE ELIGIBILITY TO GET ON THE BALLOT. (See citizen complaints of election fraud to state A’sG in sidebar.)  AS TO ALL OF THIS HYPE LATELY ABOUT THE HI CERTIFICATIONS, IT IS JUST THAT.  I WILL POST AN ARTICLE SHORTLY TO DISPEL THIS LATEST MISREPRESENTATION OF FACTS ABOUT THIS ISSUE, CROPPING UP EVERYWHERE ELSE THROUGHOUT THE BLOGOSPHERE, EXCEPT HERE.)

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Not all states are equal when it comes to honoring votes cast by their citizens in the state-sponsored caucus or primary contests of the major political parties. Some states have enacted laws requiring that delegates pledged to a particular candidate as the result of that state’s primary or caucus contest, must stick to the candidate to whom they are pledged, onto the floor of the Convention. The next legal action I propose will concentrate on these ‘binding vote’ states.

Observing the despicable conduct from BO’s supporters during the Democratic primary season, I was motivated to work on ensuring a fair contest for the Democratic nomination for POTUS between BO and HRC. Back then, I failed to fully appreciate that being a private club, the DNC could manipulate its written ‘rules’ in any way they wanted to suit the goals of the elders of the Party. Or that, being a private club, orchestrating massive caucus fraud on behalf of BO did not violate the voters’ Constitutional rights. Over the summer, with all of the pressure on HRC to drop out of the primary, notwithstanding she had received more popular votes than BO and, amassed more pledged delegates as the result of votes cast for her than for BO; my goal was to maintain her viability as the Party’s candidate for POTUS up to the August Convention. At that time, I stumbled onto the fact that, some states required their pledged delegates to stick to their candidates into the Convention. So, I did some research, and came up with about a dozen of these states. Here is the ‘primer’ I wrote and distributed before the Convention in an attempt to preserve her pledged delegate count in those binding vote states.

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PRIMER ON HOW TO STOP HARASSMENT OF CLINTON-PLEDGED DELEGATES

BACKGROUND

Some states, including AZ, CA, GA, IN, KY, MA, NH NM, OH, OK, OR, TN, and VA have enacted laws that bind their pledged delegates to vote for the candidate to whom they are pledged as the result of votes cast in the state’s primary or caucus contest, at least through the first round of voting at the party’s Presidential nominating convention. Therefore, in these states, to threaten, pressure, or coerce pledged delegates to vote for a candidate other than the one to whom they are pledged is to solicit them to break the law.

PURPOSE

To stop harassment of Clinton-pledged delegates in those states that have these vote binding laws, notify the Attorney General of your state, someone is breaking the law.

RATIONALE

As has been reported in the press, in states throughout the country, delegates pledged to Clinton are under siege to switch their allegiance to Obama. A CO delegate was summoned into the office of the state chairman to explain the contents of an email she had sent to a fellow delegate, for expressing loyalty to her candidate. (“Explain, Dems tell Clinton delegate”) http://www.denverpost.com/search/ci_10170139
A WI delegate was stripped of her delegate status. (“Wisconsin Democrats strip woman of delegate position for saying she will vote for McCain”) http://www.startribune.com/politics/national/25908499.html
A KY delegate for Clinton was replaced with a delegate for Obama. (“Clinton supporters protesting removal of delegate at Democratic National Convention”) http://www.whas11.com/news/local/stories/WHAS11_POLITICS_080814_CLINTONOBAMA.486a4d97.html

There are two sets of ‘rules’ that apply to state pledged delegates. There are the rules written by the Democratic National Committee in the “Call to the Convention”; and there are rules written by states, which are called laws. State laws always trump DNC rules. For example, DNC rules call for pledged delegates to use their “good conscience” to represent the will of the voters. State laws, however, require delegates to vote for the candidate to whom they are pledged, at least through the first round of voting at the nominating convention.
Even DNC party ‘elders’ including Governor Ed Rendell (PA), fail to understand the difference between DNC rules and state laws. Speaking with Neil Cavuto on FOX TV, he opined, delegates are not bound to vote for a particular candidate at the convention. ‘There’s no such thing as a “pledged” delegate. We haven’t had a “robot rule” since the Carter Kennedy convention in 1980.’ Since PA is not a vote binding state, we can understand his confusion. But in fact, in these vote-binding states, the word “pledged” means exactly what it says. If even Ed Rendell is unaware some states have enacted vote binding laws, one cannot assume that Clinton’s pledged delegates are aware of such laws.

Evidence indicates that in addition to the DNC, Obama’s campaign has been pressuring Clinton-pledged delegates. For example, here is a portion of the letter sent to delegates throughout the country from Khalil Thompson out of Obama’s Chicago campaign office.

Updates: Delegate Paperwork
Fill out you National Delegate Web Survey… http://my.barackobama.com/page/s/delegate
This is one for the Obama Campaign, so if you filled it out for the DNC and the State Party, please we the campaign still needs you to do so…
If you have not filled this out you WILL BE MENTIONED on the call, so please take the time to do so…

(“Bearing Witness”)

http://heidilipotpourri.blogspot.com/2008/08/bearing-witness.html

In any other political season, Clinton could hold her delegates’ hands, safely shepherding them through this nasty onslaught to the convention. But not now. Ever since she suspended her campaign, her delegates have been left to fend for themselves. And that’s where you come in. You can let them know: I have your back.

In those states that have enacted vote binding laws, to threaten, pressure, or coerce those pledged delegates to vote for a candidate other than the one to whom they are pledged is to solicit them to break the law. So, turn them in. Write a letter to your Attorney General, the chief law enforcement official in the state. Include the links already provided to just some of the examples of harassment occurring throughout the country. Send a copy to the Office of the Secretary of State, which in most states oversees the political parties’ participation in state elections, including qualifying the party’s candidate to get on the ballot. And, for the record, send a copy to the chair of the state Democratic Party.
©jbjd

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(Here is the letter we sent to GA.)

August 15, 2008

Thurbert E. Baker, Attorney General
Office of the Attorney General
40 Capitol Square, SW
Atlanta, GA 30334
VIA FAX: 404. 657.8733

SUBJECT: Solicitation to Violate O.C.G.A. § 21-2-196 (2008 )

Dear Attorney General Baker:

Here in Georgia, pledged delegates selected as the result of votes cast for Senator Clinton in the Presidential primary election are legally required to vote for her during first-round balloting at the party’s nominating convention. OPINIONS OF THE ATTORNEY GENERAL appended to the above-cited law explains, “This section reflects the legitimate interest of the state in insuring orderliness in the electoral process, and it provides a means of presenting the political preferences of the people of this state to a political party.” But in what can at best be interpreted as an overzealous advocacy on behalf of Senator Obama, in states throughout the country, including Georgia, proponents for his nomination have bombarded her delegates with subtle and not-so-subtle pressures to commit to switching support to him, before the convention. Or, failing that, they replace the Clinton-pledged delegate with one loyal to Obama. (See examples below. Note that while the first link shows the copy of a letter Senator Obama’s campaign sent to pledged delegates in Georgia, they distributed this same letter to delegates in all states, including states which, like Georgia,mandate pledged delegates to follow their candidates into the convention.) In Georgia, encouraging delegates entrusted with representing the political preference of Clinton voters, to pledge their support before the convention to Obama, solicits these delegates to break the law.

As a concerned citizen of Georgia, I am bringing this matter to your immediate attention anticipating that you will take appropriate action to ensure from now on, campaigning in this state related to the upcoming Democratic National Convention is consistent with Georgia laws.

Sincerely,

References:

“Bearing Witness” (posting of letter from Khalil Thompson, Obama for America, Chicago) http://heidilipotpourri.blogspot.com/2008/08/bearing-witness.html

Clinton supporters protesting removal of delegate at Democratic National Convention http://www.whas11.com/news/local/stories/WHAS11_POLITICS_080814_CLINTONOBAMA.486a4d97.html

“Explain, Dems tell Clinton delegate” (article on state party efforts to discipline Colorado delegate for Clinton for refusing to switch to Obama)

http://www.denverpost.com/search/ci_10170139

Copy:

Karen C. Handel, Secretary of State
VIA FAX: 404.651.9531
Jane V. Kidd, Chairwoman, Georgia Democratic Party jane@georgiademocrat.org

(Then, we copied this letter and sent the copy anonymously to HRC pledged delegates in GA, along with this note: We have your backs.)

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2 Responses to PRELUDE TO A LAWSUIT

  1. Chewy says:

    Well I live in Mass. Mass went for Hillary but Obama bought the votes and Mass voted for Obama.

    Niki Tsongas a Rep from Mass also had our district vote for Hillary and she got $25,000 from Obama and Pelosi and sold her vote to Obama at the Convention. I am furious.

    Our two senators Kennedy and Kerry did the same.

    Mass is totally corrupt. Just not getting caught like Illinois. Mass is so corrupt by the Dems that I do not bother even complaining.

    Chewy: How do you suppose MA voters who overwhelmingly supported HRC in the D primary would feel if they knew all you know about the corrupt primary process? Or that confronted with a lawsuit questioning his Constitutional eligibility for POTUS, BO told the Court, ‘Of course, I am eligible; (my former employer Annenberg Political) Fact Check says I am!’ A commenter on one of the blogs recommended that people should download the military Complaint and send this to their elected officials, because it spells out in simple terms how people who love this country can have a good faith belief BO is not a natural born citizen. Maybe Ms. Tsongas should receive this from her constituent, along with a respectful cover letter. Better yet, maybe you could hand deliver this to her during district office hours. ADMINISTRATOR

  2. [...] the added ‘mention’ of the election law in SC.) Outstanding research by blogger jbjd here, here, here, and here, with summary here, showed that Nancy Pelosi and Alice Travers Germond , as [...]

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