No fines can be imposed. Show me one time where any fines have been imposed. The GOP has no power to impose fines. 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". It does not get any plainer than that and this quote backs up Rule 38.
For further clarification on the meaning of Rule 38, it is instructive to look to the debate in 1964 when the RNC debated whether to strike the Rule 38 language from the proposed amendment that was adopted that year. The RNC voted 59 to 41 to keep the rule in the amendment, noting that it helped to clarify a longstanding practice that a delegate was free to take exception to the roll call, and was free to vote his or her preference. Those who sought to strike the rule feared that its inclusion in the rules would give delegates freedom from both a non-existent legal obligation and a moral obligation to vote according to instructions from their state. However,even these opponents of the rule admitted that there never has been any legal obligation for a delegate to do so. So if there is no legal obligation then how can you say that any one can be fined?
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