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Title: GOP Rule 40, it's worth a closer look
Source: [None]
URL Source: [None]
Published: Apr 8, 2016
Author: nolu chan
Post Date: 2016-04-08 12:54:27 by nolu chan
Keywords: None
Views: 3626
Comments: 44

GOP Rule 40, it's worth a closer look

nolu chan
April 8, 2016

https://cdn.gop.com/docs/2012_RULES_Adopted.pdf

RULE NO. 40

Nominations

(a) In making the nominations for President of the United States and Vice President of the United States and voting thereon, the roll of the states shall be called separately in each case; provided, however, that if there is only one candidate for nomination for Vice President of the United States who has demonstrated the support required by paragraph (b) of this rule, a motion to nominate for such office by acclamation shall be in order and no calling of the roll with respect to such office shall be required.

(b) Each candidate for nomination for President of the United States and Vice President of the United States shall demonstrate the support of a majority of the delegates from each of eight (8) or more states, severally, prior to the presentation of the name of that candidate for nomination. Notwithstanding any other provisions of these rules or any rule of the House of Representatives, to demonstrate the support required of this paragraph a certificate evidencing the affirmative written support of the required number of permanently seated delegates from each of the eight (8) or more states shall have been submitted to the secretary of the convention not later than one (1) hour prior to the placing of the names of candidates for nomination pursuant to this rule and the established order of business.

(c) The total time of the nominating speech and seconding speeches for any candidate for nomination for President of the United States or Vice President of the United States shall not exceed fifteen (15) minutes.

(d) When at the close of a roll call any candidate for nomination for President of the United States or Vice President of the United States has received a majority of the votes entitled to be cast in the convention, the chairman of the convention shall announce the votes for each candidate whose name was presented in accordance with the provisions of paragraph (b) of this rule. Before the convention adjourns sine die, the chairman of the convention shall declare the candidate nominated by the Republican Party for President of the United States and Vice President of the United States.

(e) If no candidate shall have received such majority, the chairman of the convention shall direct the roll of the states be called again and shall repeat the calling of the roll until a candidate shall have received a majority of the votes entitled to be cast in the convention.

- - - - - - - - - -

The Rules are written by the Rules Committee, made up of delegates. Delegates are generally party insider tools. The Rules may be left subject to interpretation to say precisely the opposite of what they appear to import on their face. Rule 40(b) merits attention.

(b) Each candidate for nomination for President of the United States and Vice President of the United States shall demonstrate the support of a majority of the delegates from each of eight (8) or more states, severally, prior to the presentation of the name of that candidate for nomination.

Each candidate shall demonstrate the support support of a majority of 8 states. That does not require that they have won such support in a primary or caucus.

Notwithstanding any other provisions of these rules or any rule of the House of Representatives....

One cannot look outside this rule to any other rule when interpreting Rule 40.

to demonstrate the support required of this paragraph a certificate evidencing the affirmative written support of the required number of permanently seated delegates from each of the eight (8) or more states

One need not earn the "support" of the delegates in a primary or caucus. One just needs a signed certificate from the delegate that he or she supports you.

The delegate may be bound to vote for Trump or Cruz on the first ballot, but the way this is written, the bound delegate can sign a certificate confirming he or she supports Paul Ryan, even though he or she is bound to vote for someone else on the first ballot. Paul Ryan or John Kasich could be placed in nomination on the first ballot.

Note also Rule 1(b):

(b) For the purposes of this rule and all other rules, "state" or "states" shall be taken to include American Samoa, the District of Columbia, Guam, Northern Mariana Islands, Puerto Rico, and the Virgin Islands, except in Rule No. 14, and unless the context in which the word "state" or "states" is used clearly makes such inclusion inappropriate.

The support of six "states" can be confirmed by certificates from the majority of delegates from (1) American Somoa, (2) District of Columbia, (3) Guam (4) Northern Marianas Islands (5) Puerto Rico, and (6) the Virgin Islands.

Acquiring the requisite certificates of the delegates of those 6 "states" and any other 2 states, would meet the requirement to place Paul Ryan's name in nomination.

This Rule may be amended prior to the convention.

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Begin Trace Mode for Comment # 11.

#1. To: nolu chan (#0)

Has Cruz won a majority of the delegates in 8 states?

I know Trump has.

A K A Stone  posted on  2016-04-08   12:56:34 ET  Reply   Untrace   Trace   Private Reply  


#11. To: A K A Stone (#1)

Has Cruz won a majority of the delegates in 8 states?

No.

Cruz has 6 majority delegate states and is expected to win a majority in 2 more, e.g., MT and SD.

http://projects.fivethirtyeight.com/election-2016/delegate-targets/

Cruz:

ID -- 20/32
ME -- 12/23
KS -- 24/40
TX -- 104/155
UT -- 40/40
WI -- 36/42

- - - - - - - - - -

AK -- 12/28
AL -- 13/50
AR -- 15/40
AS -- 0/9
AZ -- 0/58
DC -- 0/19
FL -- 0/99
GA -- 17/76
GU -- 0/9
KY - 15/46
HI -- 7/19
IA -- 8/30
IL -- 9/69
LA -- 18/46
MA -- 4/42
MI -- 17/59
MN -- 13/38
MO -- 15/52
MP -- 0/9
MS -- 15/40
NC -- 27/72
ND -- 0/28
NH -- 3/23
NV -- 6/30
OH -- 0/66
OK -- 15/43
PR -- 0/23
SC -- 0/50
TN -- 16/58
VA -- 8/49
VI - 1/9
VT -- 0/16

- - - - -

CA
CO
CT
DE
IN
NE
MD
MT
NJ
NM
NY
OR
PA
RI
SD
WA
WV
WY

nolu chan  posted on  2016-04-08   16:29:10 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 11.

#14. To: nolu chan (#11)

Cruz has 6 majority delegate states and is expected to win a majority in 2 more, e.g., MT and SD.

Cruz gets CO, WY and NE. He already has ND but they are officially unbound.

Cruz will make his 8 states.

Cruz just got 3 more delegates in CO-5 this afternoon, bringing him to 12 (10 pledged and 2 committed).

Tooconservative  posted on  2016-04-08 16:49:14 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 11.

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