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The primary process was, by State law, the first step in a process designed to select a [Major Party's] candidate for President; the State will include [presidential] electors pledged to that candidate on the ballot in the general election; the State is intertwined in the process at every step, not only authorizing the primary but conducting it, and adopting its result for use in the general election. In these circumstances, the primary must be regarded as an integral part of the general election.
The problem, Haugland says, is that key parts of Rules 13-to-25 directly conflict with Rules 26-to-42. For example, Rule 16 “bind the state delegation” to the results of their “proportional or winner take all” votes. But Rule 38 says “no delegate or alternate delegate shall be bound” by what it terms a “unit vote,” which means “a delegation… casts its entire vote as a unit.” Thus, to Haugland, the RNC can’t force states to implement winner take all rules, and can’t force delegates to surrender their votes to a state delegation.
The problem was that, a year earlier, the Democratic Party had implemented reforms which intended, among many other things, to eventually do away with such Winner Take All contests
So, which is it? Do the parties have to follow state laws or not?
originally posted by: neo96
LAWS only applies to the little people.
That means average John and Jane Doe Public.
What does this all mean?
Based on federal law (check the Cornell link for the full article) Since the RNC is nominating a candidate to a federal position... federal law presides over the GOP rules/laws therefore nullifying the rule that delegates are bound to the winner of the primary states.
In other words DELEGATES who are seated in Tampa can vote for whoever they want on the first round. They cannot be forced or coerced in any-way-shape or form.
originally posted by: usernameconspiracy
It really depends on the delegate count going into the convention. If Trump or Cruz were to win the required number (I don't recall offhand the number) of delegates prior to the convention, then traditionally, all of the delegates would go to that person, whether he won them or not, which technically doesn't follow individual state law.
However, if there is no candidate with the required number to win the nomination, then, per each state's laws, there are a number of "pledged" delegates who must go to the candidate who won said delegates. Since some states are not "winner take all" states, those delegates would cast votes based on the results of that state's primary/caucus.
It's a simplification of the process, but a basic overview of how and when state law is controlling versus federal law. There are a number of "unbound" delegates who can vote however they want at the convention, and there is always a big uproar of how they will rock the boat/vote (showing my age) but it largely amounts to nothing more than talk, ala the 2012 Ron Paul delegates who were all talk.
It will be interesting to see it unfold this time around with no clear cut winner, although that can certainly change prior to the convention. Still some big state primaries to come.
The problem, Haugland says, is that key parts of Rules 13-to-25 directly conflict with Rules 26-to-42. For example, Rule 16 “bind the state delegation” to the results of their “proportional or winner take all” votes. But Rule 38 says “no delegate or alternate delegate shall be bound” by what it terms a “unit vote,” which means “a delegation… casts its entire vote as a unit.” Thus, to Haugland, the RNC can’t force states to implement winner take all rules, and can’t force delegates to surrender their votes to a state delegation.
A candidate must win the votes of a majority of delegates to secure the nomination. In 2016, the magic number is 1,237 (50% + 1 of the 2,472 Convention delegates). Most delegates will go to Convention “bound” to vote for a particular candidate, based on how their state or territory voted.
gop.com...
A candidate must win the votes of a majority of delegates to secure the nomination. In 2016, the magic number is 1,237 (50% + 1 of the 2,472 Convention delegates). Most delegates will go to Convention “bound” to vote for a particular candidate, based on how their state or territory voted.
gop.com...
originally posted by: Profusion
I've finally found the answer to whether the parties have to follow state laws:
A candidate must win the votes of a majority of delegates to secure the nomination. In 2016, the magic number is 1,237 (50% + 1 of the 2,472 Convention delegates). Most delegates will go to Convention “bound” to vote for a particular candidate, based on how their state or territory voted.
gop.com...
Can we put to bed the lie that I've seen posted on this forum so many times...
"The parties can choose a nominee however they want to."
Where do completely erroneous slogans like that come from?
Despite suspending his campaign, Sen. Marco Rubio is attempting to keep every delegate he won while running for president.
The unusual move reflects preparations for a contested convention this summer — and comes as Donald Trump backed away from an earlier pledge to support the Republican party's nominee if he is treated unfairly after winning more delegates than his rivals.
Rubio Makes Unprecedented Bid to Keep Delegates for Contested Convention