[EL] Florida to award delegates proportionally?
Aaron Blake
BlakeA at washpost.com
Tue Jan 31 07:56:19 PST 2012
I've checked with RNC on this, and they said Florida remains winner take
all, pending a challenge at the convention.
Here's what RNC adviser Sean Spicer just tweeted:
FL lost 1/2 delegates & received additional penalties 4 breaking party
rules. Contest Cmte is designed 4any delegate concerns that may arise
https://twitter.com/#!/seanspicer/status/164373619475087360
Aaron Blake
The Washington Post
The Fix
www.PostPolitics.com
blakea at washpost.com
twitter.com/FixAaron
202.503.4669
From: Paul Lehto <lehto.paul at gmail.com>
To: "Goldfeder, Jerry H." <jgoldfeder at stroock.com>
Cc: "law-election at department-lists.uci.edu"
<law-election at department-lists.uci.edu>
Date: 01/31/2012 10:50 AM
Subject: Re: [EL] Florida to award delegates proportionally?
Sent by: law-election-bounces at department-lists.uci.edu
My semi-facetious "doomsday clock" for a brokered Republican convention
just moved another minute closer to midnight in anticipating of Florida
awarding its delegates proportionally rather than winner take all.
Everyone can decide for themselves whether the clock's hands are showing a
time during the morning, or showing 11:59 p.m., or somewhere in between.
The convention could be a lot of "fun", given the blessing of the US
Supreme Court in NY Bd. of Elections v Lopez-Torres to the idea that
convention procedures for elected delegates "need not be fair", given
(among other considerations cited) the venerable history the Court cited
of political parties making nominating decisions in "smoke-filled rooms."
Rather than embracing an anti-corruption principle, the US Supreme Court
has gone all the way to the opposite extreme in Lopez-Torres, embracing
past unfairness or corruption in smoke-filled rooms as venerable
tradition. While the Court did mention in dicta that legislatures might
act to mitigate unfairness, they would have to do so while respecting the
First Amendment rights of association of the political parties themselves,
raising grave questions about whether state legislatures could act in an
effective manner to vindicate a fairness or anti-corruption principle that
operates at party nominating conventions.
Paul Lehto, J.D.
On Tue, Jan 31, 2012 at 10:22 AM, Goldfeder, Jerry H. <
jgoldfeder at stroock.com> wrote:
There is an issue, raised on this site over the weekend, that, while the
RNC has "punished" Florida for its primary date by halving its delegation
and limiting its credentials and other convention-related perks, the state
might also be forced to award its delegates proportionally. The rationale
for not having done so thus far was that Florida has already seen its
delegation cut by 50% ("the state has been punished enough!"); the
rationale for compelling proportionality is that such procedure was
contemplated by the RNC Rules that Florida has broken, and to simply
reduce its delegation without compelling the required proportionality
would be to turn a blind-eye to the central offense. The long and short
of it is that a challenge to any winner-take-all result might ensue.
Jerry H. Goldfeder
Stroock & Stroock & Lavan LLP
180 Maiden Lane
New York, NY 10038
212-806-5857 (office)
917-680-3132 (cell)
212-806-7857 (fax)
jgoldfeder at stroock.com
www.stroock.com/goldfeder
-----Original Message-----
From: law-election-bounces at department-lists.uci.edu [mailto:
law-election-bounces at department-lists.uci.edu] On Behalf Of Michael
McDonald
Sent: Tuesday, January 31, 2012 10:15 AM
To: law-election at department-lists.uci.edu
Subject: [EL] Florida to award delegates proportionally?
Michael Steele on MSNBC just stated that he has learned that Florida will
award its delegates proportionally. Certainly an important development,
particularly for Gingrich, if true.
============
Dr. Michael P. McDonald
Associate Professor, George Mason University
Non-Resident Senior Fellow, Brookings Institution
Mailing address:
(o) 703-993-4191 George Mason University
(f) 703-993-1399 Dept. of Public and International Affairs
mmcdon at gmu.edu 4400 University Drive - 3F4
http://elections.gmu.edu Fairfax, VA 22030-4444
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