Posted on 04/06/2016 7:21:57 AM PDT by Pollster1
"Rule 40(b) - Each candidate for nomination for President of the United States and Vice President of the United States shall demonstrate the support of a majority of the delegates from each of eight (8) or more states, severally, prior to the presentation of the name of that candidate for nomination. Notwithstanding any other provisions of these rules or any rule of the House of Representatives, to demonstrate the support required of this paragraph a certificate evidencing the affirmative written support of the required number of permanently seated delegates from each of the eight (8) or more states shall have been submitted to the secretary of the convention not later than one (1) hour prior to the placing of the names of candidates for nomination pursuant to this rule and the established order of business."
(Excerpt) Read more at cdn.gop.com ...
Depending on how one reads rule 40(e), one could reasonably permit or even require new nominations between rounds of voting or require renewed certification of support for previously nominated candidates to remain under consideration. The certifications were a new 2012 requirement, but the new nominations have happened at previous contested conventions and are essentially normal business.
"40 (e) If no candidate shall have received such majority, the chairman of the convention shall direct the roll of the states be called again and shall repeat the calling of the roll until a candidate shall have received a majority of the votes entitled to be cast in the convention."
The rules in the link are the actual rules from 2012 and the temporary rules for 2016: "Upon the adoption of the report of the Convention Committee on Rules and Order of Business, Rule Nos. 26-42 shall constitute the Standing Rules for this convention and the temporary rules for the next convention."
What it means is that:
(1) It is normal, if somewhat corrupt, to change the rules every convention to favor the establishment pick.
(2) Even without a change, even Donald Trump and Ted Cruz might have to present evidence that they still have the support of a majority of delegates from eight or more states in the second and subsequent rounds of voting. Also, in the second round of voting, even Jeb could be nominated if he could present certifications from a majority of delegates from eight or more states. Rule 40 (b) does not contain a requirement for a majority of voters in eight states in the primaries, or even a majority of delegates as originally pledged in eight states. Delegates must vote as pledged for as long as they are bound - Rule (16) - but once unbound they could sign certifications of support for anyone.
In any round of voting at the convention, as spelled out in the rules, including Rule 40, a new name can be placed in nomination if that candidate has a certificate evidencing the required support an hour before nominations for that round of voting.
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If anyone can find something in the rules contradicting my post, please explain where I am mistaken.
What would it take to suspend the rule?
A vote by the rules committee. The first four members on the committee, appointed by the RNC, have already stated they want to scrap it.
http://www.politico.com/story/2016/03/republican-convention-rules-trump-cruz-221355
As I suspected.
Rules 26-42 will be set by the Rules Committee for the 2016 Convention, which (I think) meets this month.
Moral: You can’t fight city hall.
Is there anything in the current rules prohibiting this scenario:
A person is not nominated, but that person receives votes at the convention. The person receives a majority of the votes. Can that person be the party’s nominee even though he or she did not satisfy Rule 40, but got 1237 votes anyway? In other words, if Kasich, for example, is not put into nomination because of Rule 40, can delegates still vote for him, and if he receives 1237, can he be the party nominee? If not, why not?
it’s pointless specualtion when you understand they will meet prior to the convention to set new rules for 2016.
(d) When at the close of a roll call any candidate for nomination for President of the United States or Vice President of the United States has received a majority of the votes entitled to be cast in the convention, the chairman of the convention shall announce the votes for each candidate whose name was presented in accordance with the provisions of paragraph (b) of this rule. Before the convention adjourns sine die, the chairman of the convention shall declare the candidate nominated by the Republican Party for President of the United States and Vice President of the United States.
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If Rule 40B is a temporary rule, so is Rule 40D so the 1237 requirement is not engraved in stone. That simple majority can be changed to a supermajority or to the largest plurality or something completely different.
That rule was a one off for the 2012 convention only. It was put there to keep Ron Paul in his box.
No.
It is a two step process. First the rules committee drafts the rule change and passes it out of committee. Secondly, a majority of delegates must vote to approve the rule change.
It won't happen though. Trump is a chump and he will NEVER coalesce with Ted. Even if it means his defeat.
Remember that even if the rules committee passes a rule change, it has to be supported by a majority of delegates.
The eligibility under 40(b) must be established at least one hour before the 'established order of business', i.e. AT THE OPENING OF THE CONVENTION.
Not later, not multiple times; ONCE, right at the beginning. It's a choice between Trump and Cruz, and that's it.
Unless the so-called establishment can pull off a rules change opposed by more than 2000 of the 2500 or so delegates. I can't see this happening.
Rule 40 expired with the 2012 convention since it was only a temporary measure used to curb Ron Paul. Of course the delegates could re-adopt it for the 2016 convention.
No need for a rule change. Rule 40 is already dead. It expired with the 2012 convention.
The GOP-e is going to play Calvinball no matter what.
Only because we've been using the wrong ammunition.
The rules committee also consists of two representatives of the delegates of each state and territory.
Since Trump and Cruz will have almost 90% of the delegates going into Cleveland Trump and Cruz delegates will totally CONTROL the committee.
It’s gonna be Trump or Cruz depending on who gets the MAJORITY of the delegates—those are and will be the rules.
Cruz will win on the fourth ballot fair and square and BY THE RULES.
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