[EL] Rumors on replacing Trump (redux)

Sat Oct 8 06:15:40 PDT 2016

Assume for the sake of argument that Jim Bopp and I are correct that rule 9
does not allow for the RNC to remove Trump from the ticket.  What if
nonetheless the RNC uses rule 9 to do so and Trump  goes to court to fight
it.  Would the courts rule this an internal party matter and therefore
decline jurisdiction or rule in favor of the party, or would they be
willing to take the case and potentially argue that Trump was wrongly
removed by the ticket?  I tend to think the courts would see it as an
internal party matter and not want to intervene in a political dispute or
fight about who is the legitimate party nominee (and therefore cause more
voter or ballot confusion).  Or  do some think the courts would say that
removing Trump at this late date would not be allowed by rule 9 and to do
so would cause more voter and ballot confusion.

Thoughts?

On Sat, Oct 8, 2016 at 6:36 AM, Pildes, Rick <pildesr at mercury.law.nyu.edu>
wrote:

> My recollection is that the DNC rules do contain language that more
> clearly permit the DNC to remove a candidate from the ballot than Rule 9 of
> the RNC, just for comparison.
>
>
>
> Richard H. Pildes
>
> Sudler Family Professor of Constitutional Law
>
> NYU School of Law
>
>
>
> *From:* law-election-bounces at department-lists.uci.edu [mailto:
> law-election-bounces at department-lists.uci.edu] *On Behalf Of *
> JBoppjr at aol.com
> *Sent:* Saturday, October 08, 2016 7:25 AM
> *To:* dschultz at hamline.edu; law-election at uci.edu;
> lawcourt-l at legal.umass.edu
> *Subject:* Re: [EL] Rumors on replacing Trump (redux)
>
>
>
> I agree with David that Rule 9 clearly does not authorize the RNC to
> remove Trump.  It only authorizes the RNC to fill a vacancy if it occurs,
> ie for instance, if he steps down. The applicable part is:
>
>
>
> *The Republican National Committee is hereby authorized and empowered to
> fill any and all vacancies which may occur by reason of death, declination,
> or otherwise of the Republican candidate for President . . .*
>
>
>
> This sentence only empowers the RNC to fill vacancies, not create them.
> The phrase that some are pointing to is "*vacancies which may occur by
> reason of death, declination, or otherwise"*. "Otherwise" here refers to
> how vacancies may occur, ie "*by reason of death, declination, or
> otherwise". *For instance, a vacancy could occur by disqualification of
> the candidate by election officials or a court, because the candidate does
> not meet the legal qualifications to be a candidate. There may be other
> reasons that a vacancy could occur.
>
>
>
> The power to create a vacancy is a separate and independent power from the
> power to fill vacancies and that power would have to be conferred on the
> RNC by a specific rule, which does not exist.
>
>
>
> Jim Bopp
>
>
>
>
>
>
>
> In a message dated 10/7/2016 10:04:20 P.M. Eastern Daylight Time,
> dschultz at hamline.edu writes:
>
> In light of Trump’s recent comments about women and questions about
> whether he can be replaced, consider first the rule 9 THE REPUBLICAN
> NATIONAL COMMITTEE which is posted below.
>
>
>
> The simple answer is no simple answer regarding what happens if Trump were
> to be replaced on the ticket. The RNC executive committee has the authority
> to replace Trump if he steps down or is otherwise incapacitated. A coup
> does not seem possible and it does not appear that he can simply be
> replaced by the will of the RNC.    But assume Trump is replaced. The
> second issue is what to do with the ballots. In some states the law would
> allow for a substitution while in others the law is more complicated and we
> might a reprise of the Minnesota Wellstone death 11 days before the
> election (of which I know way too much about). We also have, as with
> Wellstone, the issue of already cast ballots and rights under state and
> federal law that may force a right to recast ballots. There are a lot of
> complicated practical as well as federal and state statutory and
> constitutional issues at play here and there is no one simply answer that
> applies to all 50 states.
>
>
>
>
>
> RULE NO. 9
>
> Filling Vacancies in Nominations
>
> (a) The Republican National Committee is hereby authorized and empowered
> to fill any and allvacancies which may occur by reason of death,
> declination, or otherwise of the Republican candidate for President of the
> United States or the Republican candidate for Vice President of the United
> States, as nominated by the national convention, or the Republican National
> Committee may reconvene the national convention for the purpose of filling
> any such vacancies.
>
>
>
>
>
> --
>
> David Schultz, Professor
> Editor, Journal of Public Affairs Education (JPAE)
> Hamline University
> Department of Political Science
>
> 1536 Hewitt Ave
>
> MS B 1805
> St. Paul, Minnesota 55104
> 651.523.2858 (voice)
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> http://works.bepress.com/david_schultz/
> http://schultzstake.blogspot.com/
> Twitter:  @ProfDSchultz
> My latest book:  Presidential Swing States:  Why Only Ten Matter
>
> https://rowman.com/ISBN/9780739195246/Presidential-
> Swing-States-Why-Only-Ten-Matter
> FacultyRow SuperProfessor, 2012, 2013, 2014
>
>
>
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>

-- 
David Schultz, Professor
Editor, Journal of Public Affairs Education (JPAE)
Hamline University
Department of Political Science
1536 Hewitt Ave
MS B 1805
St. Paul, Minnesota 55104
651.523.2858 (voice)
651.523.3170 (fax)
http://davidschultz.efoliomn.com/
http://works.bepress.com/david_schultz/
http://schultzstake.blogspot.com/
Twitter:  @ProfDSchultz
My latest book:  Presidential Swing States:  Why Only Ten Matter
https://rowman.com/ISBN/9780739195246/Presidential-Swing-States-Why-Only-Ten-Matter
FacultyRow SuperProfessor, 2012, 2013, 2014
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