Lapsed Rubio Delegates Are Up for Grabs on Convention's First Ballot

Only 34 of the 172 delegates Rubio won in the primaries will be immediately up for grabs on the first ballot in Cleveland. That development is opening up a fierce competition to win these lapsed Rubio delegates, which are located in Oklahoma, Minnesota and Louisiana.

"Our state rules say if someone is not on the ballot, they are free to vote for whomever they choose," said Oklahoma GOP chair Pam Pollard, "and I support that."

"We have 12 bound delegates for Rubio," she told NBC News, "so if he is not on the ballot — those 12 delegates are free to vote whatever way they want."

Minnesota, where Rubio won his second largest haul with 17 delegates, applies a similar rule. The state party ruled that delegates may "vote for any candidate" if the one they support is not on the first ballot at the convention.

The icing on the cake for Rubio's rivals is that most of his lapsed delegates have not even been selected yet, making them easier to pick off.

Next month, Minnesota and Oklahoma choose delegates at state conventions. Oklahoma's application for delegates even includes an excerpt of the state law that authorizes them to switch their selection.

While Donald Trump is blasting the delegate system on the campaign trail, including criticizing the RNC for allocations made mostly by state parties, MSNBC has learned the Cruz campaign is continuing a laser focus on picking up delegates.

But I’m thinking that some of the state party rules are in direct conflict with the amended Republican National Party rules. I recall something to the effect that if a candidate drops, suspends, dies, etc. that they are not still bound to the candidate. And that no candidate can assign his delegates to another candidate.

I guess that’s why they have lawyers to settle conflicts and disputes.

Kasich delegates remain bound to Kasich for the first ballot

It seems unlikely that Kasich will drop out. That creates a problem. As long as Rule 40 is still in effect, Kasich fails to get majority of delegates in 8 states and thus is not on the first ballot.

Does that mean the delegates sit on their hands for the first ballot?

If they get to sit on their hands, does that reduce the 1237 number required to get a majority by the number of excluded delegates?

“He should be thanking the system that gives him 22% more delegates in proportion to the individual voting ...”

Given his margins, he should be wondering why he isn’t 42% more in delegates, as Jeb would be now, if he had performed the same.”

If there is a conflict between the state rules and the RNC rules, the state rules generally prevail in this case, because in many cases the state rules are tied to state laws as well. For example, in CA delegates are bound for 2 ballots by rule but also by state law.

As far as the RNC rules, there is a rule that says that if a delegate voted for any other candidate than the one to whom they are bound (for as many ballots as they are bound), then then are removed from being a delegate. That does not apply if the candidate to whom they are bound has withdrawn, but any state restrictions still apply. So if the state says you are still bound to Rubio on the first ballot even if he has suspended his campaign, for example, and you try to vote for Trump, the RNC will not kick you out - they just won't count your vote on that ballot because it violates the state rule.

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