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Sunday, May 1, 2016

How Convention Delegates Can Be Conscientious Objectors To Trump

This is why people love to hate lawyers.
There is a conscientious objector "out clause" for Republican national convention delegates who get elected to those party positions this year.
This is how Donald Trump may not become the Republican nominee, no matter how many delegates he wins.
An example is from one of the remaining few states whose voters have not voted in a primary or caucus. Let's look at New Jersey.
The New Jersey Republican State Committee, basically run by acolytes or allies of that state's Governor, Chris Christie (who is the highest-ranking elected official anywhere to endorse Trump), adopted delegate selection rules last September. Those rules provide as follows:
First, look at Rule 6 which states: 
"All delegates and alternates to the Republican National Convention once a allocated and/or committed to a particular candidate by virtue of the June primary election shall be obligated and required to cast their vote for that candidate at the first vote to select the Republican Party's nominee for the office of President of the United States at the Republican National Convention."

But a rule is only as effective as its ability to be enforced, or the ability to punish noncompliance. Now read Rule 7.
 "Any delegate or alternate allocated and/or committed to a particular candidate by virtue of the results of the June primary election who fails or refuses to act in accordance with their allocation and/or commitment to that candidate as set forth herein shall be subject to censure by the New Jersey Republican State Committee and/or the County Republican Committees. Censure may include, among other things, being permanently barred from acting as a delegate or alternate to any future National Convention of the Republican Party."
The operation of these Rules allows for conscientious delegates-elect to exercise their judgment at the convention. This is, after all, how republics work. America is not a direct democracy, it never has been, and the Founding Fathers actually recognized the dangers of direct democracy. (A careful reading of The Federalist Papers is in order, if you wish.) While you can dial in the objections of opposing candidates, these rules are posted and explained so readers can understand that delegates who vote for Trump this summer, and hide behind the explanation that they were "required" to do so, are simply using an excuse to avoid criticism.  

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