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Old 03-07-2016, 04:00 AM
Location: My beloved Bluegrass
14,635 posts, read 10,538,818 times
Reputation: 19774


There have been quite a few posts on here that either the Republican Party or the Democratic Party is going to commit voter fraud because they are going to disregard the vote, and therefore the will of the people, in order to make sure Trump or Sanders or Cruz is not their nominee. They may or may not do it, but if they do it is perfectly within their rights. While the general election is covered by voters' rights, the nomination portion is not. That is covered by freedom of association rights. This was further clarified in 2011 by the Idaho Republican Party v Ysursa.

State legislatures have over the last couple of decades opened the primaries, but legally if a party objects there is nothing the state can do. The state can decline to pay for it if they don't like the rules a party comes up with, they can create laws stipulating how a ballot is set up in a state sponsored/financed election or they can create legislation that state level elections will not be based on party affiliation, but they can't dictate how a party chooses who will represent them in a federal general election.

This all came up in Kentucky this election cycle because of Rand Paul. Kentucky law states that a candidate can not be on a ballot twice, in other words a candidate can't run for president and senate at the same time in a Kentucky ran election, whether in the primary or general election. Kentucky had a right to decide how a state financed primary election could be run or what their ballots would contain but, because a party is allowed to choose how a nominee is selected, the Republican Party could choose to run and finance their own caucus, along with come up with the rules for that caucus. Which they did. This is why there are no remedies for "voter fraud" in caucuses if the voter wants to raise a stink, but the state party can nullify a precinct if they think there was voter fraud. This is why they can have inconvenient times and places to hold those caucuses.

Did you realize that the party itself can disreguard the entire primary process by changing the nomination rules for their party right before the convention or even during it? They indeed can. A state may object if they ran a primary to select a nominee but all the party has to do is create convention rules to minimize that state's primary through some kind of equitable rules, such as caucus states delegates will count 20 times more than primary states' delegates or create super delegates. The state level arms of the party can object with some standing but they wouldn't because it would hurt them in the long run. What stops the national level of a party from taking these steps is that they know it will stir up the wrath of the voters, which will hurt them in the long run.

Nothing legally prevents a party from doing what they want to get the nominee they want, all this talk about throwing some sort of coup and the party leaders/doner class being able to do nothing about it is simply wrong. Nothing legally can force a party to financially support a candidate in the general election, just like nothing stops a candidate from breaking their party affiliation and running third party. It is only concern about voter revolt in the general election or future widespread party unaffiliation that prevents parties from disregarding the voice of the electorate.
When I post in bold red that is moderator action and, per the TOS, can only be discussed through Direct Message.Moderator - Asia, Kentucky, Lexington, and Louisville
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