georgiaboy
Member
- Joined
- Jan 5, 2008
- Messages
- 6,489
Georgia law
(copied from DT's thread in response to his request for laws regarding delegates unbinding themselves prematurely, thus breaking their State party oath)
From the below details, looks like you've got a misdemeanor on your hands if you violate and/or conspire to violate the terms of the oath made as a delegate in Georgia per Title 21. Chapter 2. Article 5 (boldfaced). Punishments are listed also. Serious stuff.
georgiaboy
==========================
(Source: Official Code of Georgia
Link: http://w3.lexis-nexis.com/hottopics/gacode/default.asp)
(ed. I'm very impressed this is so readily available online)
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TITLE 16. CRIMES AND OFFENSES
CHAPTER 1. GENERAL PROVISIONS
O.C.G.A. § 16-1-10 (2007)
§ 16-1-10. Punishment for crimes for which punishment not otherwise provided
Any conduct that is made criminal by this title or by another statute of this state and for which punishment is not otherwise provided, shall be punished as for a misdemeanor.
---------------------------------------------------
TITLE 16. CRIMES AND OFFENSES
CHAPTER 4. CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION
O.C.G.A. § 16-4-8 (2007)
§ 16-4-8. Conspiracy to commit a crime
A person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. A person convicted of the offense of criminal conspiracy to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he could have been subjected if he had been convicted of such crime, or both. A person convicted of the offense of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor.
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TITLE 17. CRIMINAL PROCEDURE
CHAPTER 10. SENTENCE AND PUNISHMENT
ARTICLE 1. PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT
O.C.G.A. § 17-10-3 (2007)
§ 17-10-3. Punishment for misdemeanors generally
(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:
(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;
(2) By confinement under the jurisdiction of the Board of Corrections in a state probation detention center or diversion center pursuant to Code Sections 42-8-35.4 and 42-8-35.5, for a determinate term of months which shall not exceed a total term of 12 months; or
(3) If the crime was committed by an inmate within the confines of a state correctional institution, by confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months.
(b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section, but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections, except as provided in paragraph (2) of subsection (a) of this Code section.
---------------------------------------------------
TITLE 17. CRIMINAL PROCEDURE
CHAPTER 10. SENTENCE AND PUNISHMENT
ARTICLE 1. PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT
O.C.G.A. § 17-10-4 (2007)
§ 17-10-4. Punishment for misdemeanors of a high and aggravated nature
(a) A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 12 months, or both; provided, however, that a person convicted of a misdemeanor of a high and aggravated nature which was committed by an inmate within the confines of a state correctional institution and sentenced to confinement as a result of such offense shall be sentenced to confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months. In all cases of a conviction of a misdemeanor of a high and aggravated nature, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences imposed under this Code section at any time; but in no instance shall a sentence imposed under this Code section be modified in such a manner as to increase the amount of fine or the term of confinement.
(b) Notwithstanding any laws to the contrary, a person sentenced for a misdemeanor of a high and aggravated nature may earn no more than four days per month earned time allowance.
---------------------------------------------------
TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
O.C.G.A. § 21-2-196 (2007)
§ 21-2-196. Qualification oath of delegates and alternates to national convention
Any person selected as a delegate or delegate alternate to such national convention shall file a qualification oath with the Secretary of State pledging support at the convention to the candidate of their political party or body for the office of President of the United States for whom they are selected to support. The oath shall state that the delegate or delegate alternate affirms to support such candidate until the candidate is either nominated by such convention or receives less than 35 percent of the votes for nomination by such convention during any balloting, or until the candidate releases the delegates from such pledge. No delegate shall be required to vote for such candidate after two convention nominating ballots have been completed.
----------------------------------------------------
TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 15. MISCELLANEOUS OFFENSES
O.C.G.A. § 21-2-598 (2007)
§ 21-2-598. Violations of chapter
Except as otherwise provided by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
----------------------------------------------------
TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 15. MISCELLANEOUS OFFENSES
O.C.G.A. § 21-2-599 (2007)
§ 21-2-599. Punishment for misdemeanors under chapter
Any person convicted of a misdemeanor under this chapter shall be subject to any one or more of the following, in the discretion of the trial judge:
(1) A fine of not less than $100.00 nor more than $1,000.00;
(2) A sentence of confinement in the county jail or other place of imprisonment for a period not to exceed six months; or
(3) A sentence of confinement in a county correctional institution or other appropriate institution under the jurisdiction of the Department of Corrections not to exceed 12 months.
For Georgia, there are grass roots folks that have already attended some precinct mass meetings, and are looking forward to county, district, and state conventions in March, April, and May, resp. Detailed planning and strategizing is well underway in the state.
Info and documents regarding the 2008 Convention planning and processes can be found at the GAGOP website:
http://gagop.org/default.asp?pt=doc&doc=2008c
PM me if you are a Georgian looking to get in touch with the folks already engaged.
georgiaboy
(copied from DT's thread in response to his request for laws regarding delegates unbinding themselves prematurely, thus breaking their State party oath)
From the below details, looks like you've got a misdemeanor on your hands if you violate and/or conspire to violate the terms of the oath made as a delegate in Georgia per Title 21. Chapter 2. Article 5 (boldfaced). Punishments are listed also. Serious stuff.
georgiaboy
==========================
(Source: Official Code of Georgia
Link: http://w3.lexis-nexis.com/hottopics/gacode/default.asp)
(ed. I'm very impressed this is so readily available online)
--------------------------------------------------
TITLE 16. CRIMES AND OFFENSES
CHAPTER 1. GENERAL PROVISIONS
O.C.G.A. § 16-1-10 (2007)
§ 16-1-10. Punishment for crimes for which punishment not otherwise provided
Any conduct that is made criminal by this title or by another statute of this state and for which punishment is not otherwise provided, shall be punished as for a misdemeanor.
---------------------------------------------------
TITLE 16. CRIMES AND OFFENSES
CHAPTER 4. CRIMINAL ATTEMPT, CONSPIRACY, AND SOLICITATION
O.C.G.A. § 16-4-8 (2007)
§ 16-4-8. Conspiracy to commit a crime
A person commits the offense of conspiracy to commit a crime when he together with one or more persons conspires to commit any crime and any one or more of such persons does any overt act to effect the object of the conspiracy. A person convicted of the offense of criminal conspiracy to commit a felony shall be punished by imprisonment for not less than one year nor more than one-half the maximum period of time for which he could have been sentenced if he had been convicted of the crime conspired to have been committed, by one-half the maximum fine to which he could have been subjected if he had been convicted of such crime, or both. A person convicted of the offense of criminal conspiracy to commit a misdemeanor shall be punished as for a misdemeanor.
--------------------------------------------------------
TITLE 17. CRIMINAL PROCEDURE
CHAPTER 10. SENTENCE AND PUNISHMENT
ARTICLE 1. PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT
O.C.G.A. § 17-10-3 (2007)
§ 17-10-3. Punishment for misdemeanors generally
(a) Except as otherwise provided by law, every crime declared to be a misdemeanor shall be punished as follows:
(1) By a fine not to exceed $1,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a total term not to exceed 12 months, or both;
(2) By confinement under the jurisdiction of the Board of Corrections in a state probation detention center or diversion center pursuant to Code Sections 42-8-35.4 and 42-8-35.5, for a determinate term of months which shall not exceed a total term of 12 months; or
(3) If the crime was committed by an inmate within the confines of a state correctional institution, by confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months.
(b) Either the punishment provided in paragraph (1) or (2) of subsection (a) of this Code section, but not both, may be imposed in the discretion of the sentencing judge. Misdemeanor punishment imposed under either paragraph may be subject to suspension or probation. The sentencing courts shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences under paragraph (1) of subsection (a) of this Code section at any time, but in no instance shall any sentence under the paragraph be modified in a manner to place a county inmate under the jurisdiction of the Board of Corrections, except as provided in paragraph (2) of subsection (a) of this Code section.
---------------------------------------------------
TITLE 17. CRIMINAL PROCEDURE
CHAPTER 10. SENTENCE AND PUNISHMENT
ARTICLE 1. PROCEDURE FOR SENTENCING AND IMPOSITION OF PUNISHMENT
O.C.G.A. § 17-10-4 (2007)
§ 17-10-4. Punishment for misdemeanors of a high and aggravated nature
(a) A person who is convicted of a misdemeanor of a high and aggravated nature shall be punished by a fine not to exceed $5,000.00 or by confinement in the county or other jail, county correctional institution, or such other places as counties may provide for maintenance of county inmates, for a term not to exceed 12 months, or both; provided, however, that a person convicted of a misdemeanor of a high and aggravated nature which was committed by an inmate within the confines of a state correctional institution and sentenced to confinement as a result of such offense shall be sentenced to confinement under the jurisdiction of the Board of Corrections in a state correctional institution or such other institution as the Department of Corrections may direct for a term which shall not exceed 12 months. In all cases of a conviction of a misdemeanor of a high and aggravated nature, the sentencing court shall retain jurisdiction to amend, modify, alter, suspend, or probate sentences imposed under this Code section at any time; but in no instance shall a sentence imposed under this Code section be modified in such a manner as to increase the amount of fine or the term of confinement.
(b) Notwithstanding any laws to the contrary, a person sentenced for a misdemeanor of a high and aggravated nature may earn no more than four days per month earned time allowance.
---------------------------------------------------
TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 5. PRESIDENTIAL PREFERENCE PRIMARY
O.C.G.A. § 21-2-196 (2007)
§ 21-2-196. Qualification oath of delegates and alternates to national convention
Any person selected as a delegate or delegate alternate to such national convention shall file a qualification oath with the Secretary of State pledging support at the convention to the candidate of their political party or body for the office of President of the United States for whom they are selected to support. The oath shall state that the delegate or delegate alternate affirms to support such candidate until the candidate is either nominated by such convention or receives less than 35 percent of the votes for nomination by such convention during any balloting, or until the candidate releases the delegates from such pledge. No delegate shall be required to vote for such candidate after two convention nominating ballots have been completed.
----------------------------------------------------
TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 15. MISCELLANEOUS OFFENSES
O.C.G.A. § 21-2-598 (2007)
§ 21-2-598. Violations of chapter
Except as otherwise provided by law, any person who violates any provision of this chapter shall be guilty of a misdemeanor.
----------------------------------------------------
TITLE 21. ELECTIONS
CHAPTER 2. ELECTIONS AND PRIMARIES GENERALLY
ARTICLE 15. MISCELLANEOUS OFFENSES
O.C.G.A. § 21-2-599 (2007)
§ 21-2-599. Punishment for misdemeanors under chapter
Any person convicted of a misdemeanor under this chapter shall be subject to any one or more of the following, in the discretion of the trial judge:
(1) A fine of not less than $100.00 nor more than $1,000.00;
(2) A sentence of confinement in the county jail or other place of imprisonment for a period not to exceed six months; or
(3) A sentence of confinement in a county correctional institution or other appropriate institution under the jurisdiction of the Department of Corrections not to exceed 12 months.