[EL] ELB News and Commentary 3/19/12 More Chaos at the Caucuses

[Robbin Stewart]

I have a few questions about the legal framework for potential litigation
about caucuses, and specifically the arrest of two caucus participants in
St Charles MO.

I do not share Rick's suggestion that we get rid of caucuses. But when they
go wrong, what is the role of election lawyers in trying to fix things? The
caucuses have some characteristics of private clubs and some
characteristics of state action, for the reasons discussed in Tashjian. Who
is liable for what, and what are the standards?

Can a disgruntled Paul supporter sue (and potentially win) GOP election
authorities, alleging that the rules weren't followed and votes not counted?

One guy was arrested for videotaping the contested parliamentary
proceedings. Was he properly arrested for trespassing and can he be
convicted, or alternatively were his civil rights violated, and if so who
might be liable, the police force, the responding officer, the GOP guys who
called in the complaint? Who has qualified immunity, and is there a good
faith defense of some sort? What relief might be obtainable?

Another guy, the Paul/Romney faction spokesman, was arrested for standing
on a chair outside and attempting to reconvene the causus. (The
parliamentarian he had hired advised him that this was a proper procedure,
since the self-appointed chair had dissolved the causus while ignoring a
call for division on the vote to do so.) Same questions, who might be
liable, what remedies, what standards?

Feel free to treat this as a hypothetical for discussion purposes, as
always standard disclaimers apply about this not being legal advice.
Speculation encouraged.


 More Chaos at the Caucuses <http://electionlawblog.org/?p=31751>
> Posted on March 18, 2012 8:22 pm <http://electionlawblog.org/?p=31751> by Rick
> Hasen <http://electionlawblog.org/?author=3>
>
> The Brad Blog reports.<http://www.bradblog.com/?p=9192&utm_source=twitterfeed&utm_medium=twitter>
>
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