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The GOP Convention, Rule 40, the Magic 8
Free Republic ^ | 27 February 2016 | BnG

Posted on 02/27/2016 12:04:06 PM PST by BlueNgold

The topic of Rule 40 for the convention has come up a few times over the last several months, and I feel this rule is misunderstood. The rule in question in the one requiring 8 majority wins for a candidate to have their name entered into nomination. I call it the "Magic 8" rule.

Below please find my attempt to explain the rule simply, and also include some analysis of where the race stands now in terms of this requirement.

The critical language of Rule 40:
A candidate shall demonstrate the support of a majority of the delegates from each of eight (8) or more states before their name may be entered into nomination.

As we can see, the majority in question is delegates, not popular vote.

So let’s analyze:
Iowa, 30 delegates, Cruz winner, allotted 8, not a qualifying state.
New Hampshire, 23 delegates, Trump winner, allotted 11, not a qualifying state.
South Carolina, 50 delegates, Trump winner, allotted 50, SC is a qualifying win for Trump.
Nevada, 30 delegates, Trump winner, allotted 14, not a qualifying state.

Summary: Thus far Trump has 1 of the 8 required majority delegations. Cruz has 0 of 8. The three non-winners of course have 0 qualifying state delegations.


TOPICS: Government; Politics/Elections
KEYWORDS: 2016rncconvention; brokeredconvention; delegates; gop; rnc; rule40; rule40b
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To: Qiviut

If they try that they elect Hillary.

Which might be their wish at that point.

Or, Trump goes third party and might surprise everyone by winning. His reach into Dem territory is going to be impressive and the base will be livid after shenanigans at the convention.

The insiders created Trump and they need to figure out how to use him rather than be destroyed by him. The smart move would be to start meeting with Trump soon and grooming him to pass as a Republican. If they tell him he’s wonderful he’ll fall in line, except for illegal immigration and border control. He has to stay with that. This party isn’t known for smart moves though.


21 posted on 02/27/2016 12:31:14 PM PST by SaxxonWoods (Trump and/or Cruz, it's all good)
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To: BlueNgold

I’ve noticed that only 29 of Nevada’s 30 delegates have been allocated. Anyone know what the deal is with #30? That could make Nevada a qualifying state for Trump.


22 posted on 02/27/2016 12:33:10 PM PST by DannyTN
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To: BlueNgold

I’ve noticed that only 29 of Nevada’s 30 delegates have been allocated. Anyone know what the deal is with #30? That could make Nevada a qualifying state for Trump.


23 posted on 02/27/2016 12:33:10 PM PST by DannyTN
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To: SaxxonWoods

If Cruz wins those territories, and they are winner take all, those will be his only qualifying wins.

Giving him 4.

He will not win anywhere else.


24 posted on 02/27/2016 12:35:10 PM PST by datura (Proud Infidel)
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To: PAR35

The rules can not be changed now. They constitute a binding contract on which Trump has relied with his own money. Any attempt to change will be met with mandatory injunction launched by an army of Trump lawyers!! You cannot move the goal line after the game has begun. Too bad. Go TRUMP ALL THE WAY!!!They now die by the sword they had but has been taken away and used on them. Their only hope is a third party which I predicted months ago. Who will the run? Bush?


25 posted on 02/27/2016 12:35:58 PM PST by WENDLE (Trump is not bought . He is no puppet.)
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To: SaxxonWoods

If they try that they elect Hillary.

**************************************

I totally agree, but they haven’t seemed to mind losing the last couple of presidential elections. I can absolutely see them preferring to tank the election if it means keeping their power/control over the party.

As I have said before, I’ve cast my last “hold your nose while voting” vote. I will not vote for Romney (that’s who the author of the article thinks is the person ‘not on the stage’ who the RNC/GOPe will try to appoint). I will write in Trump or go 3rd party.


26 posted on 02/27/2016 12:36:24 PM PST by Qiviut (In Islam you have to die for Allah. The God I worship died for me. [Franklin Graham])
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To: spokeshave

That’s a good question, but the Presidential nominees select their running mates between the end of the nominating contests and the start of the convention.

For example, Mitt Romney announced Paul Ryan as his running mate on August 11th, 2012 and the nomination vote for President was on August 28th.


27 posted on 02/27/2016 12:38:18 PM PST by Anitius Severinus Boethius (www.wilsonharpbooks.com - Sign up for my new release e-mail and get my first novel for free)
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To: DoughtyOne

I did it again.

Caucus # 181 and # 182.

I’m beginning to think that my computer is forgetful!

Thanks


28 posted on 02/27/2016 12:40:26 PM PST by wakibeach (GOD, Family and Country are the only reasons that life matters.)
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To: BlueNgold

It will be great if he can win the 8 states, but of course the rule was changed from 5 to 8 explicitly so an insurgent candidate like Trump could NOT be nominated. It will be sweet indeed if their plan backfires!


29 posted on 02/27/2016 12:45:47 PM PST by bigbob ("Victorious warriors win first and then go to war" Sun Tzu.)
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To: libstripper

Here you go:

RULE NO. 40
Nominations
(a) In making the nominations for President
of the United States and Vice President of the United
States and voting thereon, the roll of the states shall be
called separately in each case; provided, however, that
if there is only one candidate for nomination for Vice
President of the United States who has demonstrated
the support required by paragraph (b) of this rule, a
motion to nominate for such office by acclamation
shall be in order and no calling of the roll with respect
to such office shall be required.
(b) Each candidate for nomination for
President of the United States and Vice President of
the United States shall demonstrate the support of a
40 of 42
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.
(c) The total time of the nominating speech
and seconding speeches for any candidate for
nomination for President of the United States or Vice
President of the United States shall not exceed fifteen
(15) minutes.
(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.
(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.
R


30 posted on 02/27/2016 12:48:07 PM PST by bigbob ("Victorious warriors win first and then go to war" Sun Tzu.)
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To: BlueNgold

Maybe it’s my old age, but what exactly is a majority - 50% instead of a simple majority? It doesn’t seem clear in the rule...


31 posted on 02/27/2016 12:58:29 PM PST by pollyshy
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To: wakibeach

That’s okay.

It will show up. I’ll catch it.


32 posted on 02/27/2016 1:06:16 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: JPG; BlueNgold
--But rule 40[b] also says that the rnc chairman & central committee have final say so on who the nominee is, no matter on how many delegates they have.

If you're right - the whole 'election' process is a sham.

33 posted on 02/27/2016 1:07:05 PM PST by GOPJ ("during the time of universal deceit, telling the truth became a revolutionary act." - George Orwell)
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To: DannyTN

Take A look:

They’re all accounted for:

https://www.google.com/search?client=safari&rls=en&q=Rebublican+Delegate+Count+in+Nevada&ie=UTF-8&oe=UTF-8#eob=m.059_c/R/2/short/m.059_c/


34 posted on 02/27/2016 1:09:27 PM PST by vette6387 (Obama can go to hell!)
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To: SaxxonWoods

I think I read something today (not sure where) that ballot access for a third party/independent Trump run is in peril because of impending deadlines to submit name. I heard/read that Trump, or any other, would have to declare sooner than sufficient delegates is attained.

Have you heard anything about that?


35 posted on 02/27/2016 1:10:01 PM PST by gwjack (May God give America His richest blessings.)
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Folks, if you're reading this, you know what needs to happen.
It doesn't take a big contribution. Pick your comfort level and
please join others to help put the FReepathon to rest. Thank you.

The above note was first presented to you on 02/25 at around 11:00.
The goal shortfall at that time is depicted to you on the left.
The graphic on the right reveals our status as of 02/26 22:30.
We can finish this by Sunday night. Let's do it.

Let's give Jim, his crew, and us a full month to rest up.

Jim, his crew, and every other FReeper thanks you.

36 posted on 02/27/2016 1:13:43 PM PST by DoughtyOne (Facing Trump nomination inevitability, folks are now openly trying to help Hillary destroy him.)
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To: WENDLE

Trump got 100% of the delegates from SC. So that’s one state above 50%. Primaries are on the 1st, 5th, 8th, and the 15th. Trump will by over 8 and then some.


37 posted on 02/27/2016 1:15:49 PM PST by Red Steel
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To: vette6387

That’s 29...

7+6+1+1=15+14=29
Where is #30?


38 posted on 02/27/2016 1:16:08 PM PST by DannyTN
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To: GOPJ

See post #14


39 posted on 02/27/2016 1:16:36 PM PST by jjotto ("Ya could look it up!")
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To: BlueNgold

But what happens if, for example, Trump has a majority of delegates from only seven states?

Then nobody is nominated?

Or is the floor simply opened up for anybody to be nominated?


40 posted on 02/27/2016 1:24:21 PM PST by Hawthorn
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