Excellent point!
And by the way, I have read all of Rule 40, not just 40b. In particular, it doesn't say that a candidate may not receive votes if not formally nominated. Nor does it recognize that he may receive votes. The possibilities simply aren't mentioned.
So presumably, the Kasich and Rubio delegates could still "try" to vote for their men, even though the two names might not have been placed formally before the convention.
If that should happen, the chair would probably rule either (a) that those votes had been legitimately cast, or (b) that the delegates in question had -- in effect -- abstained.
In either case, assuming nobody got up to 1237 on the first round, the convention would necessarily proceed to a second ballot.
But again, Rule 40 as now written gives no guidance. Who might be nominated? The Rule is silent. Therefore, if the 2016 Rules Committee had not previously amended or augmented Rule 40 prior to the second ballot, the Chair presumably could entertain motions from the floor as to what new rule or rules might prevail.
Then, round and round they'd go. Could make for some riveting TV time!
“And by the way, I have read all of Rule 40, not just 40b. In particular, it doesn’t say that a candidate may not receive votes if not formally nominated. Nor does it recognize that he may receive votes. The possibilities simply aren’t mentioned.”
Saw Mr. Rove explain rule 40b. He said the purpose of 40b was not to keep candidates from being receiving votes. The purpose was to ensure that there were not many (Ron Paul) candidates receiving nomination speeches. He said the convention was limited to three hours of prime time TV per night and they had to limit what happened.