2 votes

Rule 15(b)(3) and the 50% Delegate Penalty

If the DNC did not adhere to the schedule listed in Rule 15(b)(1), then does it not appear to that Rule 15(b) would revert back to the original rule brought into effect by the 2008 RNC?

There is evidence that the DNC did not adhere to this schedule on the Green Papers: A Missouri Democratic Primary was held on the 7th of February 2012. Please see the rules below.

Missouri Democratic Primary:
http://www.thegreenpapers.com/P12/MO-D
Old Rule 15(b):
http://www.scribd.com/doc/12084182/Republican-National-Commi...
"Current" Rule 15(b):
http://www.gop.com/images/legal/2008_RULES_Adopted.pdf
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The Republican National Convention Rules of 2008, were amended in 2010. The following rule is the amended version of Rule 15(b):

(b) Timing.* (Revised language was adopted by the Republican National Committee on August 6, 2010)
(1) No primary, caucus, or convention to elect, select, allocate, or bind delegates to the national convention shall occur prior to the first Tuesday in March in the year in which a national convention is held. Except Iowa, New Hampshire, South Carolina, and Nevada may begin their processes at any time on or after February 1 in the year in which a national convention is held and shall not be subject to the provisions of paragraph (b)(2) of this rule.
(2) Any presidential primary, caucus, convention, or other meeting held for the purpose of selecting delegates to the national convention which occurs prior to the first day of April in the year in which the national convention is held, shall provide for the allocation of delegates on a proportional basis.
(3) If the Democratic National Committee fails to adhere to a presidential primary schedule with the dates set forth in Rule 15(b)(1) of these Rules (February 1 and first Tuesday in March), then Rule 15(b) shall revert to the Rules as adopted by the 2008 Republican National Convention.

The Original Rule 15(b) that would be reverted to if the DNC does not follow the schedule according to the amended Rule 15(b)(1):

(b) Timing.
No primary, caucus, or convention to elect, select, allocate, or bind delegates to the national convention shall occur prior to the first Tuesday in February in the year in which a national convention is held. Except New Hampshire and South Carolina may begin their processes at any time on or after the third Tuesday in January in the year in which a national convention is held.

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If this is the case, then it would follow that the 50% penalties on delegates imposed by the RNC to FL and SC have no basis. New Hampshire would also be potentially subject to restoring their 50%, however, it should be noted that they also violated the original 2008 rule.

This could be beneficial in SC where their delegates are now unbound because Newt does not qualify to be on the ballot at the RNC. These delegates could theoretically bind themselves to RP at their state convention if there were enough support in the quorum to pass such a motion.

Please note I am not making a statement on whether or not my interpretation of this rule is accurate, merely a comment on my own observations. Additionally the implications of this observation may be good, bad, or inconsequential. The implications should be addressed by those with more knowledge about the process and how this should/could be used in our favor.

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Bad for us

Mitt would get 100 delegates instead of the 50 he got from Florida if this is true. Better to keep it quiet and let the GOP break its own rules again.