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How Utah Could Lose Half Its National Delegates And Why That's Good For Ron Paul

I was reading the rules of the National Party for the convention and came across something interesting and thought I would share.

"Rule No. 15
Election, Selection, Allocation, or Binding of Delegates and Alternate Delegates
(d) Conventions.
(4) No delegates shall be deemed eligible to participate in any Congressional district or state convention the purpose of which is to elect or select delegates to the national convention who are elected or selected prior to the date of the issuance of the call of such national convention."

So the call to the national convention was issued on Dec 30th 2011. In Utah, many counties practice a much disputed process of selecting automatic, or ex-oficio delegates. These positions are given to county, state, or national elected office such as state senator, or county mayor. They are also given to county party leaders.

The reason this is important, is that they are selected as delegates when they are elected, which is in many cases 1-2 years or more prior to the "date of the issuance of the call of such national convention."

The possible penalty of this violation is listed here:

"Rule No. 16
Enforcement of Rules
(a) If any state or state Republican Party violates
The Rules of the Republican Party relating to the timing of the election or selection process with the result that any delegatefrom that state to the national convention is bound by statute or rules to vote for a presidential nominee selected or determined before the first day of the month in which that state is authorized by Rule No. 15(b) to vote for a presidential candidate and/or elect, select, allocate,or bind delegates or alternate delegates to the national convention, the number of delegates tothe national convention from that state shall be reduced by fifty percent (50%)"

If indeed selecting state and congressional delegates who will elect national delegates early is grounds for a penalty, then Utah would lose 20 of it's 40 delegates. It is quite obvious to people in Utah that Romney will be the winner of the primary and since delegates are bound to the winner of the primary he will be getting 40 votes from Utah. If we can get this penalty enforced, then the total delegates from Utah who are voting for Romney in the first round would only be 20.

1144 is the number of delegates needed to win, if Utah's number is cut in half, that number changes from (2286/2=1143+1) to (2266/2=1133+1). Dropping the number needed to win by 10 to 1134, but also dropping the number of Romney delegates from 40 to 20.

If anyone has any sway with the RNC or the ability to submit this rule violation, I would encourage them to do it. The rules state that if the Chairman of the RNC does not act, then the rest of the national committee can.

"(d) If the chairman of the Republican National Committee does not act upon a violation of The Rules of the Republican Party
relating to the election, selection, allocation, and/or binding of delegates or alternate delegates to the national convention, then a statement may be filed against a state or state Republican Party by any three (3) members of the Republican National Committee Standing Committee on Rules who feel that a violation has occurred."


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What you need to know is the process for determining who is an eligible elected default delegate. I imagine there is some process to eliminate some of the "county, state, or national elected office" holders "such as state senator, or county mayor" and "county party leaders" because they are Democrats, for example.

The argument they will make is that the determination of who qualifies among that group is made by some process (probably at a later date than the election).

In other words, on what date (by whom) are these names determined and submitted as approved by the party?

If is is truly automatic, by definition, and no review is conducted, but just a list compiled and submitted, then you have a case, but not an easy one. If there is any kind of review or process requiring someone to confirm eligibility, then you probably don't stand a chance of challenging it as having occurred on the earlier date of the election.

What do you think? http://consequeries.com/

Hmm good point

Here is the applicable portion of the bylaws of the largest county in Utah - Salt Lake:

27 Section 3. Delegates
29 A. Each voting precinct shall have at least one (1) delegate. The county
30 Party officers, executive committee members and Republican elected
31 government officials shall have automatic delegate status to the
32 county and state conventions occurring during their term of office if
33 they so desire, subject to the state party’s governing rules"

I imagine there is some vetting of delegates to ensure they are still registered republican prior to convention, but not sure that would be enough to shield them from the national rule...

optimystic's picture

Pretty much the same in my State

GOP county committee members and precinct committee persons are the only delegates at the county conventions. These folks will select amongst their ranks for delegates to the State convention. These are elected positions from an election almost two years ago (Montana).

There will be at least 4 selected from the county convention to go to the state convention, in other words, the state delegates are not preselected per se. So, maybe it's okay from the standpoint of the national rules. Seems fishy to me though, because to be a delegate, you must be an elected GOP insider.

Very interesting

I always thought that having automatic delegates selected long before any candidates had announced was weird, but I never knew it was against the rules. I, too, hope someone with some strings can get this brought up to the national GOP. Bump!

"It does not require a majority to prevail, but rather an irate, tireless minority keen to set brush fires in people's minds."-Samuel Adams