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Randall Terry and Wyoming Election Laws: Did Democratic State Executive Director Robin Van Ausdall Commit a Felony or a Misdemeanor?

Actual letter urging potential criminal activity below.

Presidential Candidate Randall Terry seeks help from Wyoming AG; urges voters to contact local their County District Attorney regarding Democratic Caucus on April 14. Mr. Terry's comments and quotes are at end.

Contact: Juan Lepanto, 202-531-7547, 904-687-9806; www.TerryforPresident.com

CHEYENNE, Wyo., April 3, 2012 /Standard Newswire/ -- Background: On Wednesday, March 28, Robin Van Ausdall, Executive Director of Wyoming Democratic Caucus sent a letter to all County Party Chairs regarding the candidacy of Randall Terry in the Wyoming Democratic Presidential caucus scheduled for April 14.

Mr. Terry is a registered Democrat; he is a legally qualified candidate for the Presidency; he has filed his "Declaration of Candidacy" with the Wyoming Democratic Party in accordance with party rules.

Ms. Van Ausdall's letter stated in part:

    "...Mr. Terry is not to be recognized as a valid presidential preference at any stage of the caucus/convention process.  No delegates should be awarded to Mr. Terry by any county convention.  Those purporting to caucus for him should be advised that the caucus will not be counted, and should be offered an opportunity to caucus for another candidate or uncommitted before the first count is taken." Robin Van Ausdall

In effect, Ms. Van Ausdall's letter instructs County Chairs to:

  • Refuse to count the caucus votes of Wyoming voters (a criminal act);
     
  • Undermine Mr. Terry's nomination at the caucus (a criminal act);

Following are portions of Wyoming Law regarding criminal acts in elections. The law is clear; the areas where Ms. Van Ausdall's actions run afoul of the law are also clear.

    22-26-101. Felony offenses generally.

    (a) The following acts in connection with or related to the election process or an election, if knowingly and willfully committed, are felony offenses punishable by not more than five (5) years' imprisonment in the state penitentiary or a fine of not more than ten thousand dollars ($10,000.00), or both:

    22-26-107. Falsifying election documents.

    (a) Falsifying election documents consists of performing any of the following acts with the intent to deceive or mislead an elector or an election official:

    (i) Printing, distributing or displaying false instructions for voting or for the conduct of an election;

    (ii) Printing, distributing or displaying any official ballot, sample ballot, facsimile diagram, ballot label or pretended ballot which includes the name of a person not entitled by law to be on the ballot, or omits the name of a person entitled by law to be on the ballot, or otherwise contains false information or headings;

    (iii) Defacing, altering, forging, making false entries in or changing in any way a petition, certificate of nomination, registration record or election return required by law;

    22-26-112. Misdemeanor offenses generally.
    (a) Unless a different penalty is specifically provided in this code, the following acts, if knowingly and willfully committed, are misdemeanor offenses punishable by not more than six (6) months in a county jail or a fine of not more than one thousand dollars ($1,000.00), or both:

    (vii) Causing or attempting to cause a candidate to withdraw or refuse nomination or election;

Mr. Terry states:

    "We have met with the Secretary of State's office; we have spoken with the Attorney General's office. We are putting our legal plan of attack together right now. Our hope is that the Wyoming Party will obey the law, and not require civil or criminal action. But let them be assured: We will fight for the right of Wyoming Democrats to have their vote counted, and for my right to run as a candidate.

    "The Wyoming Democratic Party is following the wishes of the DNC; but the DNC does not govern the laws of the state of Wyoming. Moreover, the right of the DNC to refuse to seat my delegates does not trump the right of candidates to run and voters to vote at the local level. The Governing Supreme Court cases on these issues are clear.

    "Let's all be honest: they are terrified of my campaign, because I have exposed Obama's Achilles Heel; his promotion of the murder of the unborn, and his attack on the Church and religious liberty. If I win the caucus of Wyoming, it shows that the President is in deep trouble...with Democrats.

    "I am honored and surprised that they fear me so much."