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

[Edward Still]

Robin,

This is just an off the cuff answer (which as Stephen Colbert, I think,
said is why Santorum wears sweater vests).

Most states allow a member to sue a membership organization to enforce the
rules of the organization, common law, or statutes. If Alabama used
caucuses (they are allowed in certain situations here), I would start by
researching a state-law claim based on this aspect of non-profit
organizational law.

Ed

Edward Still
Edward Still Law Firm LLC
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Birmingham AL 35209
205-320-2882 (voice & fax)
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On Mon, Mar 19, 2012 at 11:19 PM, Robbin Stewart <gtbear at gmail.com> wrote:

> 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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