This week we have looked at SCGOP Rule 16(b), dissolving a County GOP (HERE) & SCGOP Rule 16(c), no endorsements of non-Republican nominees (HERE)… so today we will look at the final Code of Conduct provision … SCGOP Rule 16(a), no legal actions.

Like the new Rule 16(b), this new Rule 16(a) was also ramrodded through the “emergency” SCGOP State Convention on July 30, 2022 without discussion.

Some call it the Jeff Davis Rule denoting the false statements and “scare tactic” by some that Jeff has filed 255 or more lawsuits … against thousands of upstanding Republicans (HERE, item #14). None of that is true!

The irony is that Rule 16(a) would not prevent any of the 7 or 8 lawsuits Jeff Davis has filed against 25 +/- “Republicans” as they were all against individuals in their individual capacity for generally telling a plethora of false & defamatory statements. Aren’t we supposed to stand up and EXPOSE / STOP all the lies in politics??? We believe so!!!

Anyhow, ask yourself, if someone FALSELY said you were disbarred from the practice of law … or that you had a criminal rap sheet (that is a “Record of Arrest & Prosecution” … RAP Sheet) … or that you forged bank documents … would you sue them? Most people say yes!!!

POLL:

If someone falsely said you had a “criminal rap sheet a mile long”, would you sue them?

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We believe Rule 16(a) was added just to “scare” people from pursuing valid legal claims against the current SCGOP, party leadership, and the “establishment” … but whatever the reason, it exist, and we have to deal with it.

However, do know that Rule 16(a) itself is drafted poorly (probably on purpose) and presents several questions.

(#1) WHAT IS A “LEGAL ACTION”?: First of all, it seems simple enough … you can’t file a lawsuit … but a legal action could be as simple as a Cease & Desist Letter, a No Trespass Letter … any number of minor legal matters.

So what do you do if someone who is a party officer physically assaults you at a GOP meeting? Can you press charges … or ask for a restraining order?

What if you are a landlord, renting an office to the local County Party and they stop paying the rent … or what if you are a vendor to the SCGOP and they fail to pay you … can you pursue those legal claims for non-payment?

Who decides the answers to these questions? The same people that ramrodded the rule through the July 30, 2022, State Convention?

The problem is the answer you get if you as the current SCGOP leadership likely depends on who is asking the question, and against whom the question pertains. “Rules for thee, not for me.”

It is a mess of a Rule, but again, we believe the Rule was only added to “scare” people. Don’t be sacred when it comes to doing the right things for We The People … and no, we do not believe the SCGOP can give itself blanket immunity from bad actions. Do you?

(#2) PARTY OFFICERS “IN THEIR OFFICIAL CAPCITY”: The second point to understand is that if you have a legal matter against someone … and they happen to be a Party officer … you are free to pursue them individually.

Rule 16(a) says you can’t pursue a legal action against a Party officer IN THEIR OFFICIAL CAPACITY … but if you are in an auto accident and the other person happens to be a Party officer, you are likely not suing them “in their official capacity”.

We know the current SCGOP leadership will interpret the rules based on their desired outcome … but as long as you are not pursuing a legal action against an officer in their official capacity … you should be good to go!!!

(#3) TOOTHLESS RULE? HOW TO WORK AROUND RUL E16(a): Finally, we are definitely not the legal experts here and we don’t give legal advice, but we are told that “if” you do have a situation where you need to pursue a “legal action” (whatever that is) against the SCGOP or your local County Party … or against Party officers in their official capacity … you simply need to ask the Court upfront to bar enforcement of Rule 16(a). Obviously ask your attorney, but that sounds reasonable to us as we do not think the current SCGOP leadership can give itself blanket immunity from being held accountable for its bad actions. Do you?

Seriously … “who” would propose a rule like this in the first place? People that know they do BAD things … and want to get away with it?

SCGOP Rule 16(a) has never been used before … but it exist and we should all be aware of this rule if you ever find yourself in a legal situation involving the party or party officials.

KnowTheRULES!!! For The Rules of South Carolina Republican Party click HERE.