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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: 3906
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 # 5.

#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  


Replies to Comment # 5.

#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  


End Trace Mode for Comment # 5.

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