(2) For any manner of binding or allocating delegates under these rules, if a delegate (i) casts a vote for a presidential candidate at the national convention inconsistent with the delegate’s obligation under state law or state party rule, (ii) nominates or demonstrates support under Rule No. 40 for a presidential candidate other than the one to whom the delegate is bound or allocated under state law or state party rule, or (iii) fails in some other way to carry out the delegate’s affirmative duty under state law or state party rule to cast a vote at the national convention for a particular presidential candidate, the delegate shall be deemed to have concurrently resigned as a delegate and the delegate’s improper vote or nomination shall be null and void. Thereafter the secretary of the convention shall record the delegate’s vote or nomination in accordance with the delegate’s obligation under state law or state party rule. This subsection does not apply to delegates who are bound to a candidate who has withdrawn his or her candidacy, suspended or terminated his or her campaign, or publicly released his or her delegates.
This subsection is about enforcing state binding rules. It says at the top that a delegate who does not vote as the state directed them to will be discharged, and their vote will be recorded as the state initially directed.
Then it says that the subsection does not apply to delegates whose candidate suspended their campaign, meaning they will NOT be penalized for unbound voting.
Since Kasich suspended, this rule says that the penalty no longer applies. If the penalty no longer applies, then delegates bound to Kasich are free to vote for any candidate in nomination without penalty.
Kasich, by rule, no longer controls his bound delegates. His delegates cannot be punished for voting for Trump.
-PJ
On the other hand, his campaign submitted the names of the delegates. So they may do what he says.
But there is no way that Trump doesn’t clinch in two weeks.
So Kasich is just being a jerk.
What will the 2016 convention rule say? Remember that is 2012 Rules and the Committee
hasn’t even met to develope the 2016 Rules which have to be voted on an adopted at the
2016 Convention.
Thank you.
The procedure is that on the first ballot individual delegates are not polled. A state spokesman announces the delegate votes totals per state rules. Uncommitted delegates are polled within the delegation and those totals announced by the state spokesman.
There is generally no opportunity for a delegate to cast a vote contrary to his obligation on the first ballot.