Texas Will Have No Bound DelegatesSubmitted by voorlaw on Tue, 05/01/2012 - 01:15
After a review of the Texas Republican Party Rules as Amended, the National Republican Party Rules, and the applicable state law, the only conclusion that I can draw is that NONE OF THE DELEGATES TO THE NATIONAL CONVENTION WILL BE BOUND TO ANY CANDIDATE!!! This means that all of 155 delegates that Texas will send to the National Convention in Tampa will be able to vote for Ron Paul ON THE FIRST BALLOT!!!
My conclusions are based on my interpretations of Rules 12, 38 Section 10 of the Republican Party of Texas Rules as Amended on February 29th, 2012, Sections 191.007 of the Texas Election Code, Rule 38 of the Republican National Party Rules.
Basically, Texas State law requires that the party develop a rule to allocate the delegates to the National Convention to the Presidential Candidates in proportion to the outcome of the Republican Primary. And Rule 38 of the Texas Republican Party Rules provides that all the delegates shall be assigned and pledged to candidates based on the same election results.
HOWEVER, both the National and State parties have banned the so-called Unit Rule, where he delegates are assigned to vote as units for a candidate. The Texas Republican Party goes further, and in Rule 12 bans the practice of giving binding instructions to the delegates at any level of the convention process. But what do these terms mean? No where are these terms defined in any rule or statute, nor are they discussed in Robert's Rules of Order Newly Revised (11th ed.). Also, no rule provides for any penalty for delegates who break rank on the first ballot.
It is my contention that, based on the language used in the rules, a very strong and legitimate argument stands that nothing binds any of Texas's National convention Delegates to vote for any specific Presidential Nominee, not even on the first ballot. As I continue to research this issue, I will post my findings. RON PAUL 2012!!!!!!