RNC Asks Members to Avoid Poll Watching, Other ‘Ballot Security’ Activities

[Gothmog]

The RNC is under a consent decree that restricts the RNC from certain activities. The RNC is now getting worried that Trump's poll watcher program will violate that consent decree http://www.wsj.com/articles/rnc-asks-members-to-avoid-poll-watching-other-ballot-security-activities-1476925215

WASHINGTON—The Republican National Committee asked members to avoid election-related “ballot security” activities, such as poll watching in their capacity as Republican Party officers, citing a decades-old court settlement restricting such activities by national GOP officials.

As part of a 1982 settlement in a lawsuit brought by Democrats, the RNC agreed to curb its efforts to monitor and challenge voter eligibility at the polls, especially in districts where the racial or ethnic composition of the electorate could be a factor in the outcome.

RNC general counsel John Ryder wrote to members on Wednesday to “remind you of the restrictions placed on the RNC by the consent decree.”

The RNC membership is made up of 168 state party representatives, three from each state and territory.

Trump's planned poll watcher activity will violate this decree unless Trump trains his poll watchers and these poll watchers resist their inclination to suppress the vote. Neither of these events are likely

[misterhighwasted]

1. What are the Repercussions should the RNC be found in violation of this 1982 decree?

Just asking since I cannot access the full article without subscribing to the WSJ.
Does the WSJ article say what happens if the RNC breaks this decree?

[geek tragedy]

3. It's due to expire next year, so likely it gets extended and maybe even enhanced nt

[Gothmog]

5. From Prof Hasen

http://electionlawblog.org/?p=85289

In the consent decree, “The RNC agreed that the RNC, its agents, servants, and employees would be bound by the Decree, ‘whether acting directly or indirectly through other party committees.” Does Trump count as the RNC’s agent in these circumstances? They are certainly acting in concert, and it is plausible to argue that Trump and the RNC are agents of each other for purposes of this election. Also, the activity Trump is talking about engaging violate the consent decree? One thing the consent decree says is that they must:

(e) refrain from undertaking any ballot security activities in polling places or election districts where the racial or ethnic composition of such districts is a factor in the decision to conduct, or the actual conduct of, such activities there and where a purpose or significant effect of such activities is to deter qualified voters from voting; and the conduct of such activities disproportionately in or directed toward districts that have a substantial proportion of racial or ethnic populations shall be considered relevant evidence of the existence of such a factor and purpose…

If this activity violates the consent decree, the DNC can ask for it to be extended for up to another 8 years.

[MineralMan]

2. Trump supporters aren't really Republicans and won't

pay any attention to this. There will be a few in some places who are going to show up at polling places, exercising their "open carry" rights. Probably not many, but some. Real law enforcement officers are going to be needed, I'm certain.

The GOP has zero control over the actions of armed Trumpeters. There will be isolated instances of real trouble over this, I'm certain.

[geek tragedy]

4. they are Republicans, they are the shock troops at the core of the Republican Partynt

[anamandujano]

8. There needs to be prominent security cameras and a bright light should activate when anyone

shows up with a gun. In this way they will know they are being watched and suffer the consequences of any trouble they might cause.

[NoGoodNamesLeft]

6. I actually saw a video on twitter of a Trump supporter harassing a woman trying to register voters

I wish I saved the link...but he was harassing and filming her and literally chasing her to her car. He was accusing her of telling people to vote for Clinton.

Trump's supporters are going to be really nasty at the polls and I am positive there will be issues.

[Gothmog]

7. RNC, Desperate to Try to Avoid Extension of Voter Intimidation Consent Decree, Tries to Distance fro

Here is some more from Prof. Hasen http://electionlawblog.org/?p=87783

Back on August 12, I wrote:

With Trump’s dangerous and irresponsible hyperventilating about voter fraud and cheating in Pennsylvania potentially costing him the election, it is probably no surprise, as reported by theWeekly Standard, that Trump is seeking “election observers” to stop “Crooked Hillary” from “rigging this election.”

However, there’s a longstanding consent decree that bars the RNC from engaging in such activities….

I said the legal question would be whether Trump, if he is engaging in “ballot security measures” which would violate the consent decree, is acting as an agent of the RNC. If so, then the consent decree against the RNC could be extended another 8 years.

Last night MSNBC reported that the Trump campaign was hoping to work with the RNC to be on the lookout for (phantom) voter fraud, leading Republican attorney Ben Ginsberg to warn that this could put the RNC into hot water.