Delegates File Lawsuit Challenging Binding Rules at RNC Convention
JUN 24 2016, 5:25 PM ET
Delegates File Lawsuit Challenging Binding Rules at RNC Convention
by ALEXANDRA JAFFE
A Virginia delegate to the Republican National Convention filed a class action lawsuit in federal court Friday challenging a state law that binds delegates to support the primary winner at the nominating convention.
The outcome of the lawsuit could have significant implications for Donald Trump's nomination, as it will be a test case of a key argument being pushed by some Trump opponents who want to see him stopped at a contested convention.
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They argue that state laws requiring delegates to vote for a specific candidate are unconstitutional, on the grounds that they violate the First Amendment's protection of the right to assemble — and that delegates to the national convention should be allowed to vote for whomever they please.
Beau Correll, a Republican National Convention delegate who served as one of Cruz's campaign co-chairs in Virginia's 10th district, is the only named plaintiff in the suit, but he's filed it on behalf of others. It challenges a Virginia law that states: "Delegates and alternates shall be bound to vote on the first ballot at the national convention for the candidate receiving the most votes in the primary unless that candidate releases those delegates and alternates from such vote."
The complaint reads: "The First Amendment to the United States Constitution guarantees delegates to the Republican Party's and Democratic Party's national conventions the right to vote their conscience, free from government compulsion, when participating in the selection of their party's presidential nominee. Nonetheless, Virginia law acts to strip them of that right, imposing criminal penalties on delegates who vote for anyone other than the primary winner on the first ballot at a national convention. That law cannot be sustained under the First Amendment or as a legitimate exercise of Virginia's authority under the United States Constitution."
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Correll's attorneys have asked that consideration of the case be expedited in hopes of getting an answer before the Republican National Convention, which is less than a month away.
A finding that Virginia's law is indeed unconstitutional would eliminate a major roadblock to the small but growing grassroots effort to challenge Trump at the convention by freeing delegates from laws and party rules binding them to a specific candidate. Trump secured the majority of delegates needed to nab the nomination over a month ago, but he's continued to face opposition from many GOP officials and activists who believe he could cost the Republicans the White House and damage the party for years to come.
And Cruz, through a strong grassroots organizing effort, was able to get his supporters elected to a sizable chunk of the delegate slots nationwide.
Still, Cruz has backed Trump since he nabbed the nomination, and those in his orbit say he's not interested or involved in any effort to orchestrate a coup.
And there are other obstacles to a contested convention. Even if state laws binding delegates are struck down, party rules — with their own penalties — still remain. The movement to oust Trump has yet to find a viable alternative, and RNC leadership has panned their effort. And the Trump campaign is taking the possibility seriously, building a 150-person whip team to keep delegates in line at the convention.
http://www.nbcnews.com/politics/2016...-rules-n598696
