20 votes

Republican National Committee: Rule 38: Can A "Bound" Candidate Vote For Someone Other Than The Winner Of Their State Primary?

A couple of snippets from the article...........

Response to “A rogue convention? How GOP party rules may surprise in 2012”

"......Rather, we explain that the RNC rules’ provision on the unit rule make it clear that delegates aren’t bound to vote according to how most delegates from their state are voting. In fact, delegates can vote according to their own judgment and conscience, and that this is most likely to take place in a state where a state party’s winner-take-all rule has allowed a candidate to win all delegates primarily due to a split in the majority vote, or due to votes cast by non-Republican voters participating in the contest.

To explain our case, we look to the language of Rule 38, which was adopted in its current form in 1964. The rule states: “no delegate shall be bound by any attempt of any state or Congressional district to impose the unit rule.” The unit rule does not prohibit a state from using a winner-take-all primary in the same way that Rule 15(b) prohibits most states from using a winner-take-all primary when holding a contest earlier than April 1st. However, the unit rule does prohibit binding delegates to vote according to how a majority of delegates from their state vote – again, a scenario most likely to occur in a state using the winner-take-all rule.

As set out in the Rules of the Republican Party, delegates have the ability to vote according to the delegates’ preference, even if that is contrary to the outcome of each state’s primary. According to one source, the legal counsel for the Republican National Convention in 2008 stated: “[The] RNC does not recognize a state’s binding of national delegates, but considers each delegate a free agent who can vote for whoever they choose.” Thus, if a delegate were to challenge his or her ability to vote as a free agent, he or she would have grounds under Rule 38.....

Read more at........

http://www.fairvote.org/response-to-a-rogue-convention-how-g...



Trending on the Web

Comment viewing options

Select your preferred way to display the comments and click "Save settings" to activate your changes.

Would they vote for Obama? In

Would they vote for Obama? In most cases, no (although polling indicates that the major difference in Romney vs. Paul's apparent electability against Obama is that Romney gets a higher percentage of the Republican vote, as presumably some Republicans would vote for Obama, probably over foreign policy). However, a lot of them would stay home, or vote for a potential third party candidate (possibly Romney himself as an Independent, or Trump, etc.)

It Wouldn't Be Stealing.......

If we somehow took the nomination via delegates....we would be playing by the rules.

And trust me....the GOP is aware of this scenario

I'm not saying it would be

I'm not saying it would be "stealing," but that's how a lot of Republicans would look at it.

Let them piss off!

Let them piss off!

Hmmm....According to The RNC.......

It looks like the answer to the title question is Yes!

It doesn't matter to me anyway. I'm going to do my best to become a delegate. I don't care if I'm bound...I'm still voting for Paul. What are they going to do to me? Throw me in Delegate Jail?

LOL @ "Delegate Jail" ...

... But you're exactly right. There shouldn't be anything lawfully wrong with voting your preference. If the GOP doesn't like it, then tough, let then get a taste of their own medicine .... prescribed by a doctor in the house: Dr. Ron Paul ;)

That's the spirit!

Let *them* do the processing. Don't automatically interpret the rules to your disadvantage. You can argue for your standpoint, they can argue for theirs. This is about a set of rules given by an organization, which will be finally judged by that same organization. If they had wanted to be quite clear, then they could've simply been quite clear. Now they've left the interpretation to you as a delegate. Manage this trust well, according to your beliefs!