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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: 3650
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 # 36.

#4. To: nolu chan (#0)

This Rule may be amended prior to the convention.

At present, there are zero rules for the 2016 convention.

The rules only exist once the convention rules committee meets and determines them. The 8-state version of Rule 40 didn't exist prior to 2012 because in 2008 and earlier, it was a 5-state rule. They did the 8-state version because the Romney delegates on the convention rules committee wanted to keep Ron Paul from a primetime speech because he wouldn't endorse Romney.

Of course, the rules committees tend to keep the same rules from convention to convention but they certainly don't have to.

I think your scenario is wildly hypothetical. It might be possible if, for instance, both Trump's negatives went even higher (hard to imagine) and Cruz did have a major sex scandal.

Otherwise, I think it's either Trump or Cruz. The party is unlikely to accept someone who didn't even run. In part because everyone who had any chance to win the WH in the GOP did run. That's how we had 17 candidates and also how Trump managed to weave between their dividing the vote to end up as the frontrunner. And others like Romney came close to running but then specifically rejected it. So the GOP has run out of people to run for the 2016 nomination. Literally. There's nobody left.

And you don't take into account state party rules and laws that may affect delegates. Generally, these are written to say that a bound delegate is truly bound. And nothing else is allowed. Not as long as they are still bound.

It is a matter of sequence. By the time a majority of delegates do become unbound (and capable of swearing out a certificate to support someone else), it is already too late to enter another name into consideration under regular order of business for that convention. You have to have the required 8 (or 5) states when the convention begins. And that will guarantee that your name will appear on every ballot held by that convention. Only if the convention becomes deadlocked (typically after the tenth ballot) would you see any attempts to introduce someone not already on the convention ballot (Trump and Cruz).

And neither Trump nor Cruz has any incentive to allow any change to this. Trump's crew is too disorganized but Cruz won't miss nailing this down.

So...interesting hypothetical but Ain't Gonna Happen.

Tooconservative  posted on  2016-04-08   13:16:58 ET  Reply   Untrace   Trace   Private Reply  


#5. To: TooConservative, nolu chan (#4) (Edited)

shouldn't be a problem for Trump . Isn't he the world's best negotiator ? He can persuade delegates to him by the force of his will convincing them that he is the candidate that best represents the party...( and offering them lifetime passes to Mar-a-Lago with transportation on Trump's private jet).

tomder55  posted on  2016-04-08   13:41:36 ET  Reply   Untrace   Trace   Private Reply  


#7. To: tomder55 (#5)

He can persuade delegates to him by the force of his will convincing them that he is the candidate that best represents the party...( and offering them lifetime passes to Mar-a-Lago with transportation on Trump's private jet).

I wouldn't put it past Trump, perhaps deploying Stone with a 100K limit per delegate to round up 100 delegates. That would be $10M. But I think Trump is just too damned cheap for that.

Keep in mind, there are no laws forbidding buying delegates with cash. Not in any state that I know of. I would guess you can't buy state party officials that way though. But regular delegates? I think you can.

OTOH, Cruz has quite a coalition of tycoons behind him. I don't think they'd let Trump outbid them. Adelson and the Kochs in particular. Trump claims he's worth $10B (Forbes says less than $5B). Adelson has $35B. The Kochs have $80B. Then you get to the other little tycoons, like the Ricketts family of Ameritrade or the Mormon clan behind Mariott hotels. So I don't think Trump can outbid the other major tycoons and I don't think Trump can get his few buddies like Carl Icahn to invest.

Tooconservative  posted on  2016-04-08   14:03:43 ET  Reply   Untrace   Trace   Private Reply  


#8. To: All, tomder55, nolu chan, SOSO, sneakypete, Vicomte13, A K A Stone, misterwhite, Pericles (#7)

Let's review some high points of Delegate Math For Dummies in recent RedState coverage.

World-class:

New, ‘improved’ Team Trump utterly messes up the delegate wrangling process in Washington State.

So, how has Paul Manafort demonstrated his keen delegate wrangling mojo? …Well, let’s put it this way.

  • Good: Team Trump sent out an email blast to loyal Trump supporters encouraging them to go sign up to be potential Trump delegates in Washington State. Yay!
  • Bad: Well, they mixed up the location a little, and sent that email blast to Trump supporters in Washington, DC. Boo!
  • TRUMP: …and the deadline to sign up for being a delegate in Washington State was two days ago. Dur!
. . . Out of more than 70 people vying for delegate slots [at the Washington State 5th Legislative District GOP caucus], only about a half dozen or so are for Trump.

[snip]

And by the end of the balloting, Cruz supporters have taken every single delegate spot. Forty-one of them are heading to the state convention. Not one Trump supporter made it through. . . .

Trump doesn't dare leave NYC but Ted is cruisin' to Cali.

Trump Cancels California Trip; Retreats to New York

Signs are mounting that the Trump campaign realizes that they may be in serious trouble in New York. It’s almost inevitable that Trump will win New York, and it may well be the first state that he actually reaches a majority in (although that is far from certain). However, whereas the campaign had previously assumed that they would sweep all of New York’s 95 delegates, they now realize that New York’s bizarre voter registration system combined with their yet more bizarre method of selecting delegates means Cruz and Kasich might well poach anywhere from 20-40 delegates in New York on April 19th.

Very luxurious:

George Pataki: Ted Cruz Is Poised To Do Very Well In New York

Full blown panic has hit the Donald Trump campaign. Yesterday there was a low level palace coup within the Trump campaign that saw the vicious, girl-punching elf, Corey Lewandowski, shunted aside in favor of an aging Establishment fixer with strong ties to Vladimir Putin and the Russian mob. But that isn't the worse news. Donald Trump is on the cusp of having his ass handed to him in New York.

As I've posted previously, the state-wide polling in New York is disinformation. First, most delegates are awarded based on Congressional District. So there are actually 28 separate races going on in New York, one at state level and 27 district races. This means that winning a mere handful of votes in The Bronx, where 11,000 can put you over 50%, is actually better than winning 90,000 votes in a large district that gets you 40+% of the vote. Secondly, Trump's usual base of voters, conservative-ish Democrats and independents, are functionally barred from voting unless they changed their voter registration before October 9.

To make matters worse, Trump needs to pull about 85 delegates out of New York to have a prayer of avoiding a contested convention. That requires him to break 50% in all but six of New York's congressional districts and win the remainder. The Trump campaign knows that and they know that they aren't in great shape to make that happen. In the past two days, Trump has cancelled an appearance at the Colorado State GOP convention and he has cancelled campaign stops in California, all to focus on New York.

The classiest evah:

Trump has No Campaign Infrastructure in Remaining Primary States

Roger Stone, the former senior adviser to Donald Trump who left the campaign last November claims that Trump’s campaign has virtually no infrastructure in the remaining primary states. Stone said Trump’s huge “landslide loss” in Wisconsin should be a warning that the campaign needs to be better organized in states like Pennsylvania, Maryland and Indiana:

Look, Trump’s campaign has been fueled, from the beginning, with these hot button issues and an extraordinary communications-based strategy, where you utilize these huge rallies, the incredible media coverage they have generated, plus the high-profile debates, plus — give Trump credit — any interview he could do, as many interviews as he could do to reach as many voters he can reach.

That has worked. Up until now.

More like up until Utah, but yeah. Stone also suggested the Donald’s campaign has been run by amateurs, revealing that the same woman who ran Trump’s campaign operation in Wisconsin “previously ran Oklahoma for Trump” and had zero experience running any type of political campaign. Stone went on to say that was something he saw again and again.

This confirms and explains the burgeoning discord in the Trump campaign reported by Moe Lane. That discord quickly escalated into an internal team Trump civil war against the controversial campaign manager Corey Lewandowki, as streiff reported. The Trump campaign has never been accused of being a highly organized and smoothly functioning organization

Finally Stone talked about the problems the disorganized Trump campaign will have as states elect the delegates they’ll send to the Republican National Convention.

Now you move to a series of states like Colorado, Wyoming, and Arizona [which] should be watched very carefully. Those become hand-to-hand combat at state conventions or state committee meetings, where once again the Trump people have built no infrastructure.

Tooconservative  posted on  2016-04-08   14:48:52 ET  Reply   Untrace   Trace   Private Reply  


#13. To: TooConservative (#8)

George Pataki: Ted Cruz Is Poised To Do Very Well In New York

Full blown panic has hit the Donald Trump campaign. Yesterday there was a low level palace coup within the Trump campaign that saw the vicious, girl-punching elf, Corey Lewandowski, shunted aside in favor of an aging Establishment fixer with strong ties to Vladimir Putin and the Russian mob. But that isn't the worse news. Donald Trump is on the cusp of having his ass handed to him in New York.

As I've posted previously, the state-wide polling in New York is disinformation. First, most delegates are awarded based on Congressional District. So there are actually 28 separate races going on in New York, one at state level and 27 district races. This means that winning a mere handful of votes in The Bronx, where 11,000 can put you over 50%, is actually better than winning 90,000 votes in a large district that gets you 40+% of the vote. Secondly, Trump's usual base of voters, conservative-ish Democrats and independents, are functionally barred from voting unless they changed their voter registration before October 9.

To make matters worse, Trump needs to pull about 85 delegates out of New York to have a prayer of avoiding a contested convention. That requires him to break 50% in all but six of New York's congressional districts and win the remainder. The Trump campaign knows that and they know that they aren't in great shape to make that happen. In the past two days, Trump has cancelled an appearance at the Colorado State GOP convention and he has cancelled campaign stops in California, all to focus on New York.

What did they pay Pataki to prostitute himself to say that shit.

Trump continues to hold a 27 point lead over Kasich, and Cruz jas been run out of town with his 35 point deficit. Trump is over 50%.

Ted Cruz is poised to leave New York and go to California to avert further embarrassment. One event got cancelled, on drew 100 people, and another in far upstate Scotia was in the gym of a private school with 306 students K-12. Cruz filled the place with 500 people.

The Trump campaign knows that and they know that they aren't in great shape to make that happen. In the past two days, Trump has cancelled an appearance at the Colorado State GOP convention and he has cancelled campaign stops in California, all to focus on New York.

Cruz fears returning to the Bronx or any large public forum in NYC. Trump is going to massacre Cruz in New York and put him down like the dog that he is.

Trump doesn't dare leave NYC but Ted is cruisin' to Cali.

And we know why Cruzh is cruisin' to anywhere but NY.

When the going gets tough, Cruz has a Red State asshole, paid by the GOPe to prostitute himself, publish some absurd bullshit while he goes to hide from the Donald and NYC. What a wimp.

nolu chan  posted on  2016-04-08   16:46:34 ET  (1 image) Reply   Untrace   Trace   Private Reply  


#15. To: nolu chan (#13)

Cruz has Trump chasing his own tail in NY, his home state.

Cruz will be back but he is laying the basis for future delegate wins and doing more fundraising.

Trump is running scared of underperforming in NY. His negatives are sky-high and opposition to Trump is consolidating behind Cruz. Not that they love Cruz. They just hate Trump's guts, hate everything he's been saying.

What you consider to be Cruz's pandering doesn't actually sell any better when expressed even more extremely by Trump. Those chickens are coming home to roost in NYC for Trump.

They don't have to love Cruz. They just have to act on their loathing for Trumpism.

Tooconservative  posted on  2016-04-08   16:54:34 ET  Reply   Untrace   Trace   Private Reply  


#19. To: TooConservative (#15) (Edited)

"They just have to act on their loathing for Trumpism."

Ask them why they feel that way and they couldn't tell you. Actually they could, but since their list would be juvenile, petty, full of misconceptions and pathetic, they'd rather stay silent.

Compared to what Trump wants to do with immigration, the military, the VA, trade, jobs, education, etc., what negatives can they possibly come up with that overshadows that?

misterwhite  posted on  2016-04-08   17:10:16 ET  Reply   Untrace   Trace   Private Reply  


#20. To: misterwhite (#19)

Compared to what Trump wants to do with immigration, the military, the VA, trade, jobs, education, etc., what negatives can they possibly come up with that overshadows that?

Other than some bluster on these issues that Trump picked up from watching "the shows", no one has any confidence he could act as the executive of the federal government.

He's taken his own companies into bankruptcy multiple times after all.

Tooconservative  posted on  2016-04-08   17:49:58 ET  Reply   Untrace   Trace   Private Reply  


#21. To: TooConservative (#20)

"no one has any confidence he could act as the executive of the federal government."

Exactly! Not like ... uh ... wait a minute. Which candidate of either party could act as the executive of the federal government better than Trump?

"He's taken his own companies into bankruptcy multiple times after all."

Trump is a multi-billionaire. Did you forget? Plus, he's the only candidate who has a plan for eliminating the national debt -- just the opposite of bankruptcy.

misterwhite  posted on  2016-04-08   18:03:03 ET  Reply   Untrace   Trace   Private Reply  


#22. To: misterwhite (#21)

Which candidate of either party could act as the executive of the federal government better than Trump?

All of them. Except possibly Sanders.

Tooconservative  posted on  2016-04-08   18:27:04 ET  Reply   Untrace   Trace   Private Reply  


#24. To: TooConservative (#22)

"All of them. Except possibly Sanders."

Yeah. Right. Hillary accomplished so much at the State Department. Congress loves Cruz, so he'll get a lot done there. And Kasich still has only one state -- -- -- his own.

Meanwhile, Trump has built an empire and has a plan. He's setting the agenda, not sticking his finger in the air. He's a natural leader.

misterwhite  posted on  2016-04-08   18:33:14 ET  Reply   Untrace   Trace   Private Reply  


#26. To: misterwhite (#24)

Meanwhile, Trump has built an empire and has a plan. He's setting the agenda, not sticking his finger in the air. He's a natural leader.

Nothing like a fact-free fantasy.

I just don't see what you base it on. Neither does anyone else who doesn't belong to your little Moonie cult.

Tooconservative  posted on  2016-04-08   20:30:49 ET  Reply   Untrace   Trace   Private Reply  


#36. To: TooConservative (#26)

"I just don't see what you base it on."

https://www.donaldjtrump.com/positions

Compare those to your pathetic and weak objections.

misterwhite  posted on  2016-04-09   8:43:07 ET  Reply   Untrace   Trace   Private Reply  


Replies to Comment # 36.

#38. To: misterwhite (#36)

https://www.donaldjtrump.com/positions

I'm not going to read Trump's "positions" when even he can't quote them accurately.

Those are just Boilerplate For Boobs. Like you.

Tooconservative  posted on  2016-04-09 08:49:35 ET  Reply   Untrace   Trace   Private Reply  


End Trace Mode for Comment # 36.

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