[EL] Rumors on replacing Trump (redux)

Sat Oct 8 08:26:07 PDT 2016

There is no need to reprint ballots.  In the end, even the national Republican Party and the various state Republican Parties don't have the ultimate authority.  The ultimate authority lies with the Republicans who get elected to the position of presidential elector.  But of course the overwhelming majority of Republican electors will take direction from the national and/or state parties.
 Richard Winger 415-922-9779 PO Box 470296, San Francisco Ca 94147

      From: Adam Bonin <adam at boninlaw.com>
 To: David A. Schultz <dschultz at hamline.edu> 
Cc: "lawcourt-l at legal.umass.edu" <lawcourt-l at legal.umass.edu>; "law-election at UCI.edu" <law-election at uci.edu>
 Sent: Saturday, October 8, 2016 7:53 AM
 Subject: Re: [EL] Rumors on replacing Trump (redux)

Wouldn't that require, procedurally, the GOP to petition across all the state courts (simultaneously) for a late ballot substitution, with Trump (and many states' elections agencies) objecting? I'm not sure that thinking of "the ticket" is what's relevant here. 
On Oct 8, 2016 9:18 AM, "Schultz, David A." <dschultz at hamline.edu> wrote:

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. PildesSudler Family Professor of Constitutional LawNYU School of Law From: law-election-bounces at departmen t-lists.uci.edu [mailto:law-election-bounces at d epartment-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. 9Filling 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
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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 Matterhttps://rowman.com/ISBN/ 9780739195246/Presidential- Swing-States-Why-Only-Ten- Matter
FacultyRow SuperProfessor, 2012, 2013, 2014

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