That is a concern for sure. If I am correct, any rule changes would have to be ratified by the overall delegate body. If that is the case, then the Trump and Cruz folks simply shoot down that rule change.
But...
What if Cruz is working for the GOPe?
Then the Cruz delegates would vote TO MODIFY Rule 40 in order to prevent Trump from getting the OH delegates.
In that case, that would be consistent with Cruz’ game to deny Trump a 1st ballot win. Cruz would be opening up the possibility though of the GOPe putting in a Romney, Ryan, Walker, Jeb!, etc. - a very dangerous gambit.
Correct. We already know that Cruz has Cruz-loyal trojan horse delegates sitting in as delegates who are bound to vote for Trump on the first nomination ballot. But they are not bound to vote on the RULES in a way that is loyal to Trump — they can vote on the rules any damn way they choose. I’m guessing that means they can even change the 1237 rule and make it a 1400 rule, if they know they have 1400 Cruz-loyal delegates and trojan horses in place.