January 2015 THE LEGAL PROCESS FOR CANDIDATES FOR THE REPUBLICAN PRESIDENTIAL NOMINATION TO ACQUIRE DELEGATES TO THE REPUBLICAN PRESIDENTIAL NOMINATING CONVENTION TO BE HELD ON JULY 18-21, 2016 IN CLEVELAND, OHIO1 SMITH VALLIERE PLLC 1221 AVENUE OF THE AMERICAS, 42ND FLOOR NEW YORK, NEW YORK 10020 (212) 755-5200 www.svlaw.com The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 TOTAL DELEGATES IN Used to Allocate 20123 Delegates?8 Yes 50 (AL GOP Bylaws15,16 Art. IX) Alabama Primary (AL Stat.13,14 1713-3) Second Open Tuesday in March (March 10, 2015) (AL Stat. 17-133) Alaska Straw Poll at Congressional District Conventions in 2012 March 6 in 201218 Arizona Primary First Tuesday Closed Yes (AZ Stat.21 16-241) after March 15 (AZ Stat. 16-241) (AZ Stat. 16-243) (AZ Stat. 16-241) Arkansas Primary (AR Stat.24 7-8-2201) The Tuesday three (3) weeks before the second Tuesday in June (AR Stat. 7-7203) N/A Open Yes (AK GOP Rules19 § 15(F)(2)) Yes (AR Stat. 7-8-2201) CONGRESSIONAL DISTRICT DELEGATES4 SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Selection9 Method of Allocation10 Bound/Unbound11 Method of Selection Method of Allocation Bound/Unbound Elected at Primary by Congressional District (AL GOP Bylaws Art. IX); State GOP Rules Control (AL Stat. 17-13-43) Winner Take All by Congressional District if any Presidential Candidate receives majority of votes in Presidential Preference Primary; If no Presidential Candidate receives a majority, then plurality winner in each Congressional District gets 2 Congressional District Delegates; If second highest finisher in Congressional District receives at least 20% of Congressional District vote, he/she gets 1 Congressional District Delegate; If second finisher does not receive at least 20%, then plurality winner takes all in 2012 Candidates for Delegates must indicate name of the Presidential Candidate they are pledged to, or “uncommitted” on ballot (AL GOP Bylaws Art. IX) Elected at Primary (AL GOP Rules Art. IX); State GOP Rules Control (AL Stat. 17-13-43) Winner Take All if a Presidential Candidate receives majority of Statewide Presidential Preference Primary vote; If no Presidential Candidate receives majority, then Proportional17 with 20% threshold in 2012 SAME as Congressional District Delegates; i.e., Candidates for Delegates must indicate name of the Presidential Candidate they are pledged to, or “uncommitted” on ballot (AL GOP Bylaws Art. IX) Bound/Unbound in 201212 Unbound 27 Selected at-large at AK Proportional based on GOP Convention20 Congressional District Straw (AK GOP Rule § 15(f)(2)) Poll in 2012 Bound for first two ballots in 2012 SAME as Congressional District Delegates; i.e., Selected at-large at AK GOP Convention (AK GOP Rule § 15(f)(2)) SAME as Congressional District Delegates; i.e., Proportional based on Congressional District Straw Poll in 2012 SAME as Congressional District Delegates; i.e., Bound for first two ballots in 2012 Unbound 58/2922 Elected by Winner Take All by Statewide Congressional District Vote23 Caucus (AZ Stat. 16-243) (AZ GOP Rules Art. VI § D); State GOP Rules Control (AZ Stat. 16-243) Bound (AZ Stat. 16-243) Elected by State GOP Convention (AZ GOP Rules Art. VI § D); State GOP Rules Control (AZ Stat. 16-243) SAME as Congressional District Delegates; i.e., Winner Take All by Statewide Vote (AZ Stat. 16-243) SAME as Congressional District Delegates; i.e., Bound (AZ Stat. 16-243) Bound Selected at State GOP Convention in 2012 State GOP Rules Control (AR Stat. 7-3-106; 7-8204) SAME as Congressional District Delegates; i.e., Proportional by Statewide Vote (AR Stat. 7-8-2-201); Each Presidential Candidate receiving at least 15% of Statewide vote in Presidential Preference Primary receives 1 At-Large Delegate; Thereafter, Winner Take All if a Presidential Candidate receives a majority of the vote; if no Presidential Candidate receives a majority, then Proportional among top 3 finishers in 2012 SAME as Congressional District Delegates; i.e., Bound for first ballot in 2012 Unbound 36 Selected at AR Congressional District Convention in 2012 State GOP Rules Control (AR Stat. 7-3-106; 7-8204) Proportional by Statewide Bound for first ballot Vote in 2012 (AR Stat. 7-8-2-201); Each Presidential Candidate receiving at least 15% of Statewide vote in Presidential Preference Primary receives 1 At-Large Delegate; Thereafter, Winner Take All if a Presidential Candidate receives a majority of the vote; if no Presidential Candidate receives a majority, then Proportional among top 3 finishers in 2012 The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 1 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 TOTAL DELEGATES IN Used to Allocate 20123 Delegates?8 Yes 172 (CA GOP Rules26 Art. VI § 6.01); State GOP Rules Control (CA Stat. § 6300) CONGRESSIONAL DISTRICT DELEGATES4 SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Selection9 Method of Allocation10 Bound/Unbound11 Method of Selection Method of Allocation Selected by Congressional District by Presidential Candidate receiving plurality of votes in Congressional District in Presidential Preference Primary (CA Stat. 6460; CA GOP Rules Art. VI § 6.01); State GOP Rules Control (CA Stat. § 6300) Winner Take All by Congressional District Vote27 (CA GOP Rules Art. VI § 6.01); State GOP Rules Control (CA Stat. § 6300) Bound for first two ballots unless Presidential Candidate receives less than 10% on prior ballot or releases delegates (CA Stat. 6461); State GOP Rules Control (CA Stat. § 6300) Selected by Presidential Candidate receiving plurality of Statewide vote in Presidential Preference Primary (CA Stat. 6460; CA GOP Rules Art. VI § 6.01); State GOP Rules Control (CA Stat. § 6300) Winner Take All by Statewide Vote (CA GOP Rules Art. VI § 6.01); State GOP Rules Control (CA Stat. § 6300) 36 Elected at Congressional District Convention in 2012 State GOP Rules Control (CO Stat. 1-4-701) If no Presidential Preference Bound for first ballot Primary, CO GOP Convention (CO GOP Bylaws Art. determines whether delegates XIII § 3) are allocated and bound based on Straw Poll results (CO GOP Bylaws Art. XIII § (A)(1); If Presidential Preference Primary, then Proportional to all Presidential Candidates receiving 15% or more of Statewide vote in Presidential Preference Primary. (CO GOP Bylaws Art. XIII § (A)(2)) Bound/Unbound Bound/Unbound in 201212 Unbound California Primary Second Open (CA Stat.25 § 6300, Tuesday in April (CA Stat. 6000 et. seq.) or Second (Part 1)) Tuesday in June (CA Stat. § 1000) Colorado Straw Poll conducted at Precinct Caucuses (CO GOP Bylaws28 Art. XII § (A)(4)(a)) Connecticut Primary Last Tuesday in Closed (CT Stat.30 9-464) April (CT GOP Rules31 (CT Stat. 9-464) Art. V § 1); Yes (CT GOP Rules Art. I § 17) Yes in 2012; State GOP Rules Control (CT Stat. 9-464) 28 Presidential Candidate selects (subject to approval of State Committee) (CT GOP Rules Art. I § 17(d)) Winner Take All by Congressional District Vote (CT GOP Rules Art. I § 17(b)); State GOP Rules Control (CT Stat. 9-464) Bound (RNC Rules Rule 1632) SAME as Congressional District Delegates; i.e., Presidential Candidate selects (subject to approval of State Committee) (CT GOP Rules Art. I § 17(d)) Winner Take All by Statewide Bound for first ballot Unbound Vote to Presidential Candidate (CT GOP Rules Art. I receiving majority of Statewide § 17(a) vote in Presidential Preference Primary; if no Presidential Candidate receives a majority, then Proportional with 20% threshold (CT GOP Rules Art. I § 17); State GOP Rules Control (CT Stat. 9-464) Delaware Primary Fourth Tuesday Closed (DE GOP in April (DE Stat. 3189) Executive (DE Stat. 3181) Committee may opt out) (DE Stat.33 3181) (Republican Party participated in 2012 election cycle) in 2012 Yes (DE GOP Rules Art. XI § 3); State GOP Rules Control (DE Stat. 3185) 17 Elected at DE GOP Convention (DE GOP Rules34 Art. VI § 20 Winner Take All by Statewide Vote (DE GOP Rules Art. XI § 3); State GOP Rules Control (DE Stat. 3185) Bound for first ballot (DE GOP Rules Art. XI § 3) SAME as Congressional District Delegates; i.e., Elected at DE GOP Convention (DE GOP Rules Art. VI § 20 SAME as Congressional District Delegates; i.e., Winner Take All by Statewide Vote (DE GOP Rules Art. XI § 3); State GOP Rules Control (DE Stat. 3185) First Tuesday in Closed No March, but CO (CO GOP Bylaws (CO GOP Bylaws GOP can move Art. XII § (B)) Art XII §(A)(4)(b)) to first Tuesday in February on notice to CO Secretary of State (CO Stat.29 1-3102) SAME as Congressional District Delegates; i.e., Bound for first two ballots unless Presidential Candidate receives less than 10% on prior ballot or releases delegates (CA Stat. 6461); State GOP Rules Control (CA Stat. § 6300) SAME as SAME as Congressional SAME as Unbound Congressional District District Delegates; i.e., If no Congressional Delegates; i.e., Elected Presidential Preference District Delegates; at Congressional Primary, CO GOP Convention i.e., Bound for first District Convention in determines whether delegates ballot 2012 are allocated and bound based (CO GOP Bylaws Art. State GOP Rules Control on Straw Poll results (CO GOP XIII § 3) (CO Stat. 1-4-701) Bylaws Art. XIII § (A)(1); If Presidential Preference Primary, then Proportional to all Presidential Candidates receiving 15% or more of Statewide vote in Presidential Preference Primary. (CO GOP Bylaws Art. XIII § (A)(2)) SAME as Congressional District Delegates; i.e., Bound for first ballot (DE GOP Rules Art. XI § 3) The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Bound Page 2 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 District of Columbia Primary in 2012 (DC GOP Resolutions); At election of DC GOP (DC Stat.35 3-1400) April 3 in 2012 (DC GOP Resolutions) Closed (DC Stat § 711001.09) Florida Primary (FL Stat.37 103.101) First Tuesday for which National GOP will not impose penalties38 (FL Stat. 103.101) Closed (FL Stat § 101.021) Georgia Primary (GA Stat.41 21-2191) Hawaii Hawaii Republican Presidential Caucus (HI GOP Rules43 Art. II Part D § 214) CONGRESSIONAL DISTRICT DELEGATES4 TOTAL DELEGATES IN Used to Allocate 20123 Method of Selection9 Method of Allocation10 Bound/Unbound11 Delegates?8 Yes in 2012 (DC 19 N/A in 2012 N/A in 2012 N/A in 2012 GOP District of Columbia does District of Columbia does not District of Columbia Resolutions) not have Congressmen have Congressmen or does not have or Congressional Districts Congressional Districts and is Congressmen or and is not allocated not allocated Congressional Congressional Districts Congressional District District Delegates by RNC (RNC and is not allocated Delegates by RNC (RNC Rule 17) Congressional District Rule 17) Delegates by RNC (RNC Rule 17) Yes (FLA GOP Rules39 Rule 10(B)) 99/5040 Not later than Open Second (GA Stat. 21-2Tuesday in 191) June selected by GA Secretary of State (GA Stat. 21-2191) Yes (GA GOP Rules42 Rule 7.3(A)) Second Tuesday in March (HI GOP Rules Art II Part D § 214) Yes (HI GOP Rules Art II Part D § 214) Open (HI Stat.44 12-31) [but HI GOP Rules Art. II Part D § 215(C) says closed] SUPERDELEGATES6 AT-LARGE DELEGATES5 Bound/Unbound in 201212 Each Presidential Winner Take All by Statewide Bound until released Unbound Candidate submits a Vote in 2012 in 2012 slate of delegates to DC (DC GOP Resolutions for 2012 (DC GOP Resolutions GOP which is provided Art. II § G) Art. II § C(2)) to voters at the Presidential Preference Primary as a separate reference sheet in 2012 (DC GOP Resolutions36 Art. II §§ C(2); (D)) Method of Selection Method of Allocation Bound/Unbound Elected by State Committeemen, State Committeewomen and County Chairmen from the Congressional District (FL GOP Rules Rule 10(D)(2)) Winner Take All by Congressional District Vote (FL GOP Rules Rule 10(B)) Bound for first three ballots (FL GOP Rules Rule 10(B)) Elected by Executive Board of the FL GOP State Executive Committee (FL GOP Rule 10(D)(1)) Winner Take All by Statewide Bound for first three Unbound Vote ballots (FL GOP Rules Rule 10) (FL GOP Rule 10(B)) 76 Elected by District Conventions of State GOP (GA GOP Rules Rule 7.3(A)) Winner Take All by Congressional District Vote (GA GOP Rules Rule 7.3(B)) Bound (GA GOP Rules Rule 7.3(A)) Elected at GA GOP Convention (GA GOP Rules Rule 7.3) Winner Take All by Statewide SAME as Vote Congressional (GA GOP Rules Rule 7.2(A)) District Delegates; i.e., Bound (GA GOP Rules Rule 7.3(A)) 20 Each Presidential Candidate selects Hawaii Leadership Committee of at least three (3) Hawaii GOP members (HI GOP Rules Art II Part D § 215(D)); each Presidential Candidate’s Hawaii Leadership Committee appoints eligible Hawaii GOP members to fill all Congressional District Delegate and At-Large Delegate positions allocated to the Presidential Candidate. (HI GOP Rules Art. II Part D § 215(F)) Proportional by Congressional District Vote45 (HI GOP Rules Art. II Part D § 214, 215(E)) “Committed” per HI GOP Rules (HI GOP Rules Art II Part D § 215(E)) SAME as Congressional District Delegates; i.e., Each Presidential Candidate selects Hawaii Leadership Committee of at least three (3) Hawaii GOP members (HI GOP Rules Art II Part D § 215(D)); each Presidential Candidate’s Hawaii Leadership Committee appoints eligible Hawaii GOP members to fill all Congressional District Delegate and At-Large Delegate positions allocated to the Presidential Candidate. (HI GOP Rules Art. II Part D § 215(F)) Proportional by Statewide Vote (HI GOP Rules Art. II Part D § 214, 215(E)) Bound SAME as Unbound Congressional District Delegates; i.e., “Committed” per HI GOP Rules (HI GOP Rules Art II Part D § 215(E)) The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 3 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 First Tuesday Closed allowed by RNC (ID GOP Rules without penalty Art. V § 7) (ID GOP Rules Art. V § 2) CONGRESSIONAL DISTRICT DELEGATES4 TOTAL DELEGATES IN Used to Allocate 20123 Method of Selection9 Method of Allocation10 Bound/Unbound11 Delegates?8 Yes 32 80% selected from lists Caucus rules provide for Bound for first ballot (ID GOP Rules submitted by multiple-round voting process at (ID GOP Rule Art VI § Art. V § 4) Presidential county caucuses resulting in 7); State GOP Rules Candidates; remaining either (i) one Presidential Control (ID Stat. 3420% selected by Candidate receiving a majority 707) Nominations of county caucus vote or (ii) Committee of the ID reduction of field to two GOP Convention Presidential Candidates (ID (ID GOP Rules Art. V § GOP Rules Art VI § 8); If one 7); State GOP Rules Presidential Candidate receives Control (ID Stat.47 34a majority of caucus vote in any 707) county, that Presidential Candidate will receive that county’s total share of delegates; If no Presidential Candidate receives a majority before there are two remaining Presidential Candidates in any county, each Presidential Candidate will receive his/her proportionate share of that county’s share of delegates (ID GOP Rule 4); The sum of each Presidential Candidate’s share of county delegates shall be the Presidential Candidate’s share of Idaho’s total delegates; provided that if one Presidential Candidate wins a majority share of all Idaho delegates, he/she will receive all of Idaho’s delegates (ID GOP Rules Art VI § 5) SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Selection Method of Allocation Bound/Unbound SAME as Congressional District Delegates; i.e., 80% selected from lists submitted by Presidential Candidates; remaining 20% selected by Nominations Committee of the ID GOP Convention (ID GOP Rules Art. V § 7); State GOP Rules Control (ID Stat. 34-707) SAME as Congressional District Delegates; i.e., Caucus rules provide for multiple-round voting process at county caucuses resulting in either (i) one Presidential Candidate receiving a majority of county caucus vote or (ii) reduction of field to two Presidential Candidates (ID GOP Rules Art VI § 8); If one Presidential Candidate receives a majority of caucus vote in any county, that Presidential Candidate will receive that county’s total share of delegates; If no Presidential Candidate receives a majority before there are two remaining Presidential Candidates in any county, each Presidential Candidate will receive his/her proportionate share of that county’s share of delegates (ID GOP Rule 4); The sum of each Presidential Candidate’s share of county delegates shall be the Presidential Candidate’s share of Idaho’s total delegates; provided that if one Presidential Candidate wins a majority share of all Idaho delegates, he/she will receive all of Idaho’s delegates (ID GOP Rules Art VI § 5) SAME as Congressional District Delegates; i.e., Bound for first ballot (ID GOP Rule Art VI § 7); State GOP Rules Control (ID Stat. 34707) Bound/Unbound in 201212 Unbound Idaho Idaho Republican Presidential Nomination Caucus (ID GOP Rules46 Art. V) Illinois Primary March 20 in (IL. Stat.48 5/7-11) 2012 Closed No in 2012 Voter may declare affiliation at the poll. (IL Stat § 5/7-43, 45) 69 Elected at Presidential Preference Primary (IL Stat. 5/7-19) Candidates for Delegate list preferred Presidential Candidate on ballot (IL Stat. 5/7-19) Unbound in 2012 Elected at IL GOP N/A Convention in 2012 in 2012 State GOP Rules Control (IL Stat. 5/7-14.1) Unbound in 2012 Unbound Indiana Primary First Tuesday (IN Stat.49 3-5-1-4) after the First Monday in May (IN Stat. 3-10-13) Only voters who No voted for (IN GOP Rules50 majority of Rule 9-30) Republican Presidential Candidates at last general election or intend to do so at next general election may vote (IN Stat. 3-10-1-6) 46 Elected by Congressional District Caucuses at IN GOP Convention (IN GOP Rules Rule 929) N/A (IN GOP Rules Rule 9-29) Bound on first ballot to Presidential Candidate receiving highest number of votes in Congressional District at Presidential Preference Primary (IN Stat. 3-8-11) Elected at IN GOP Convention (IN GOP Rules Rule 930) Unbound (IN Stat. 3-8-11) Unbound N/A (IN GOP Rules Rule 9-30) The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 4 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 CONGRESSIONAL DISTRICT DELEGATES4 TOTAL DELEGATES IN Used to Allocate 20123 Method of Selection9 Method of Allocation10 Bound/Unbound11 Delegates?8 No 28 Elected at District N/A Unbound (IA GOP Rules Caucuses (IA GOP Rules) (IA GOP Rules) Art. IX § 5-7) (IA GOP Rules Art. IX § 5) Iowa Precinct Caucuses Not later than fourth Monday in February; must be 8 days earlier than any other state’s primary or caucus; elects delegates to county convention (IA Stat.51 43.4) Closed (IA GOP Rules52 Art. IX § 2) Kansas Primary (KS Stat.53 254501) Date on which at least 5 other states will hold Presidential Preference Primary, Convention or Caucus to select delegates to RNC Convention or, if no such date exists, a date on or before the first Tuesday in April (KS Stat. 254501) Closed (KS Stat. 254502); KS GOP Rules54 Art. III) Yes (RNC Rules Rule 16(a)(1)); State GOP Rules Control (KS Stat. 25-4507) 40 Elected at Congressional District meetings in 2012 State GOP Rules Control (KS Stat. 25-4507); KS GOP State Committee adopts rules for election of Congressional Delegates (KS GOP Bylaws55 Rule 4) Undetermined (New legislation in Kansas provides for Presidential Preference Primary and calls into question applicability of existing KS GOP Bylaws regarding allocation of delegates) (KS Stat. 25-4501) Kentucky Primary (KY Stat.56 118.561) First Tuesday after third Monday in May (KY Stat. 118.561) Closed (KY Stat. 118.571) Yes (KY GOP Rules57 Rule 8.04); KY GOP must use Presidential Preference Primary, caucus, or both, to apportion delegates (KY Stat. 118.555) 45 Elected by Congressional District Conventions (KY GOP Rules Art. 3 § 6.03(d)) Proportional by Statewide Vote with 15% threshold (KY Stat. 118.641; KY GOP Rules Art. 3 § 804) Louisiana Primary (LA Stat.58 18:1280.21) Third Saturday after the First Tuesday in March (LA Stat. 18:1280.21) Closed unless Yes State GOP Rules (LA Stat. provide 18:12890.27) otherwise (LA Stat. 18:1280.21) 46 Elected by Congressional District Caucuses at LA GOP Convention in 2012 (LA GOP Resolution59 Rule 19(c)) Allocated as uncommitted in Unbound in 2012 2012 (LA GOP Resolutions (LA GOP Resolutions Rule for 2012 R. 20) 20(a)); Must be allocated according to results of Presidential Preference Primary and according to guidelines established by State GOP (LA Stat. 18:1280.27) SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Selection Method of Allocation Bound/Unbound Bound/Unbound in 201212 Unbound Elected at IA GOP Convention (IA GOP Rules Art. IX § 7) N/A (IA GOP Rules) Unbound (IA GOP Rules) Bound in 2012 State GOP Rules Control (KS Stat. 254507) Elected at State Committee meeting in 2012 State GOP Rules Control (KS Stat. 25-4507); State Committee adopts rules for election of delegates (KS GOP Bylaws Rule 4) SAME as Congressional District Delegates; i.e., Undetermined (New legislation in Kansas provides for Presidential Preference Primary and calls into question applicability of existing KS GOP Bylaws regarding allocation of delegates) (KS Stat. 25-4501) Bound in 2012 State GOP Rules Control (KS Stat. 254507) Bound for first ballot (KY Stat. 118.641) Elected by KY GOP Convention (KY GOP Rules Art. 3 § 6.04(e)) SAME as Congressional District Delegates; i.e. Proportional by Statewide Vote with 15% threshold (KY Stat. 118.641; KY GOP Rules Art. 3 § 804), Bound for first ballot Unbound (KY Stat. 118.641) 20 At-Large Delegates elected at LA GOP Convention; remainder nominated by LA GOP Executive Committee and elected by LA GOP Convention in 2012 (LA GOP Resolution Rule 9(d)) Allocated to Presidential Bound in 2012 Candidates receiving at least 25% of vote Statewide in Presidential Preference Primary based on actual percentage of votes received; All other delegates uncommitted in 2012 (LA GOP Resolutions Rule 20(b)); Must be apportioned according to the results of the Presidential Preference Primary The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Bound Unbound Page 5 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 TOTAL DELEGATES IN Used to Allocate 20123 Delegates?8 CONGRESSIONAL DISTRICT DELEGATES4 Method of Selection9 Method of Allocation10 Bound/Unbound11 SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Selection Method of Allocation Bound/Unbound Bound/Unbound in 201212 and according to guidelines established by State GOP (LA Stat. 18:1280.27) Maine Presidential Poll at County Caucuses in 2012 (ME GOP Press Release60) February 11 in 2012 (ME GOP Press Release) Closed No in 2012 (County (ME GOP Press Caucuses are Release) ME GOP events open only to Republican Party members) 24 Elected in District Elected as uncommitted in Caucuses 2012 (ME GOP Rules61 Art. 5 § 5.1(a)) Unbound in 2012 Elected at large by ME GOP Convention (ME GOP Rules Art. 5 § 5.1(a)) SAME as Congressional District Delegates; i.e., Elected as uncommitted in 2012 Maryland Primary in 2012 (MD GOP Resolutions § 3(a)) First Tuesday in Closed in 2012 April (MD GOP (MD Stat. 8-201) Resolutions § 1(c)); State GOP Rules Control (MD Stat. 8-202) Massachusetts Primary (MA Stat.63 28; 70B) Michigan Primary (MI Stat.64 168.613a) Yes in 2012 (MD GOP Resolutions § 3(a) and (b)) 37 Elected at Presidential Preference Primary in 2012 (MD GOP Resolutions62 § 1(c)) Winner Take All by Congressional District Vote in 2012 (MD GOP Resolutions § 3(a)) Bound for first two ballots unless Presidential Candidate receives less than 35% of vote on first ballot in 2012 (MD GOP Resolutions § 3(c)) Elected by MD GOP State Control Committee at MD State Convention in 2012 (MD GOP Resolutions § 2(a)) Winner Take All by Statewide SAME as Unbound Vote in 2012 Congressional (MD GOP Resolutions § 3(b)) District Delegates; i.e., Bound for first two ballots unless Presidential Candidate receives less than 35% of vote on first ballot in 2012 (MD GOP Resolutions § 3(c)) First Tuesday in Closed; March Independents (MA Stat. 28) can vote (MA Stat. 38) Yes (MA Stat. 70B) 44 Elected at Congressional District Caucuses in 2012 Proportional by Statewide Vote with 15% threshold in 2012 Allocation must reflect the preference expressed by the voters in the Presidential Preference Primary (MA Stat. 70B) First ballot in 2012 If delegates are subject by State GOP Rule to the approval of a Presidential Candidate, then bound on first ballot (MA Stat. 701) Elected at MA GOP State Committee Meeting in 2012 SAME as Congressional District Delegates; i.e., Proportional by Statewide Vote with 15% threshold in 2012 Allocation must reflect the preference expressed by the voters in the Presidential Preference Primary (MA Stat. 70B) SAME as Unbound Congressional District Delegates; i.e., First ballot in 2012 If delegates are subject by State GOP Rule to the approval of a Presidential Candidate, then bound on first ballot (MA Stat. 701) Fourth Tuesday in February (MA Stat. 168.613a) Yes in 2012 State GOP Rules Control (MI Stat. 168.620a); Yes unless MI GOP Rules require otherwise (MI Stat. 168.619; 168.620a) 59/3065 Elected at Congressional District Caucuses in 2012 State GOP Rules Control (MI Stat. 168.620a) Winner Take All by Statewide Vote in 2012 State GOP Rules Control (MI Stat. 168.618); If not provided otherwise in State GOP Rules, then Proportional by Statewide Vote (with threshold if one is established by State GOP Rules) (MI Stat. 168.619) unless State GOP or RNC Rules require otherwise (MI Stat. 168.620a) Bound in 2012 Elected at MI GOP State GOP Rules Convention in 2012 Control (MI Stat. 168.618); If not provided otherwise in State GOP Rules, then Candidates for Delegate must file a petition committing to a Presidential Candidate or stating he/she is uncommitted (MI Stat. 168.562b); Candidates for Delegate pledging to a Presidential Candidate are bound for Proportional by Statewide Vote with 15% threshold in 2012 State GOP Rules Control (MI Stat. 168.618); If not provided otherwise in State GOP Rules, then Candidates for Delegate must file a petition committing to Presidential Candidate or stating he/she is uncommitted (MI Stat. 168.562b); Candidates for Delegate pledging to Presidential Candidate are bound for first ballot (MI Stat. 168.562b; 168.619) SAME as Bound Congressional District Delegates; i.e., Bound in 2012 State GOP Rules Control (MI Stat. 168.618); If not provided otherwise in State GOP Rules, then Candidates for Delegate must file a petition committing to a Presidential Candidate or stating he/she is uncommitted (MI Stat. N/A Michigan does not require voters to register with a political party, however voters may only vote in one party primary each election. SAME as Unbound Congressional District Delegates; i.e., Elected at large by ME GOP Convention (ME GOP Rules Art. 5 § 5.1(a)) The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 6 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 TOTAL DELEGATES IN Used to Allocate 20123 Delegates?8 CONGRESSIONAL DISTRICT DELEGATES4 Method of Selection9 Method of Allocation10 Bound/Unbound11 SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Selection Method of Allocation first ballot (MI Stat. 168.562b; 168.619) Bound/Unbound Bound/Unbound in 201212 168.562b); Candidates for Delegate pledging to a Presidential Candidate are bound for first ballot (MI Stat. 168.562b; 168.619) Minnesota Straw Poll at Precinct Caucuses (MN Stat.66 202A.18) First Tuesday in Closed February unless (MN Stat. Republican and 202A.16) Democratic State Parties submit another agreed date to hold both parties’ precinct caucuses (MN Stat. 202A.14) No in 2012 State GOP Rules Control (MN Stat. 202A.12) 40 Elected at N/A in 2012 Congressional District State GOP Rules Control (MN Conventions in 2012 Stat. 202A.12) State GOP Rules Control (MN Stat. 202A.12); Elected at MN GOP Convention (MN GOP Rules Art. VI § 3) State Convention may bind delegates (MN GOP Rules Art. V § 5(C)); State GOP Rules Control (MN Stat. 202A.12) Elected at MN GOP N/A in 2012 Convention in 2012 State GOP Rules Control (MN State GOP Rules Control Stat. 202A.12) (MN Stat. 202A.12) SAME as Congressional District Delegates; i.e., State Convention may bind delegates (MN GOP Rules Art. V § 5(C)); State GOP Rules Control (MN Stat. 202A.12) Mississippi Primary if MS GOP requests one (MS Stat.67 23-151085); Presidential Preference Primary held in 2012 (MS GOP Resolutions68 Rule 2) Second Tuesday in March (MS Stat. 23-151081) Yes in 2012 (MS GOP Resolutions Rules 2 and 3); State GOP Rules Control (MS Stat. 23-15-1055) 40 Selected at Congressional District Caucuses at MS GOP Convention in 2012 (MS GOP Resolutions Rule 3); State GOP Rules Control (MS Stat. 23-15-1055) Bound in 2012 (MS GOP Resolutions Rule 3); State GOP Rules Control (MS Stat. 23-15-1055) Selected at MS GOP Convention in 2012 (MS GOP Resolutions Rule 4); State GOP Rules Control (MS Stat. 23-15-1055) SAME as Unbound Congressional District Delegates; i.e., Bound in 2012 (MS GOP Resolutions Rule 3); State GOP Rules Control (MS Stat. 23-15-1055) Missouri Primary (MO Stat.69 115.755) Second Open Tuesday after (MO Stat. the first Monday 115.397) in March (MO Stat. 115.755) Yes (RNC Rules Rule 16(a)(1)) 52 Elected at Allocated at Congressional Congressional District District Conventions in 2012 Conventions in 2012 Chosen at Congressional District and MO GOP Convention as provided in MO GOP Bylaws70 (MO Stat. 115.776) Bound in 2012 Elected at MO GOP Elected by slate at MO GOP Convention in 2012 Convention in 2012 Chosen at Congressional District and MO GOP Convention as provided in MO GOP Bylaws (MO Stat. 115.776) Bound in 2012 Montana Primary First Tuesday Open (MT Stat.71 13-10- after the first (MT Secretary of 401) Monday in June State) (MT Stat. 13-1107) No in 2012 At discretion of party (MT Stat. 13-10-407) 26 Elected at MT GOP Convention (MT GOP Rules72 § B(III)(F)(1)); Elected at large by all MT GOP Convention delegates (MT GOP Rules § B(III)(F)(4)); State GOP Rules Control (MT Stat 13-38-101) SAME as Congressional District Delegates; i.e., Elected at MT GOP Convention (MT GOP Rules § B(III)(F)(1)); Elected at large by all MT GOP Convention delegates (MT GOP Rules § B(III)(F)(4)); State GOP Rules Control (MT Stat 13-38-101) SAME as Unbound Congressional District Delegates; i.e., Unbound in 2012 Open in 2012 (MS GOP Resolutions Rule 1) Proportional by Congressional District Vote with 15% threshold in 2012 (MS GOP Resolutions Rule 3); State GOP Rules Control (MS Stat. 23-15-1055) If Presidential Candidate has Unbound in 2012 sufficient committed delegates to win majority vote at RNC Convention, then only Candidates for Delegate who pledge to support that Presidential Candidate may be elected; if no Presidential Candidate has sufficient committed delegates, then each Republican Presidential Candidate can submit a slate to State Convention and single Proportional by Statewide Vote with 15% threshold in 2012 (MS GOP Resolutions Rule 4) SAME as Congressional District Delegates; i.e., If Presidential Candidate has sufficient committed delegates to win majority vote at RNC Convention, then only Candidates for Delegate who pledge to support that Presidential Candidate may be elected; if no Presidential Candidate has sufficient committed delegates, then each Republican Presidential The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Determination whether Superdelegates bound or unbound in 2012 not made yet at time RNC Memo drafted Bound Page 7 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 TOTAL DELEGATES IN Used to Allocate 20123 Delegates?8 CONGRESSIONAL DISTRICT DELEGATES4 Method of Selection9 Method of Allocation10 Bound/Unbound11 SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Selection slate elected (MT GOP Rules § B(III)(F)(3)) Method of Allocation Bound/Unbound Bound/Unbound in 201212 Candidate can submit a slate to State Convention and single slate elected (MT GOP Rules § B(III)(F)(3)) Nebraska Primary in 2012 2014 NB statute requires that voters be permitted to make Presidential Preference Vote either at primary or caucus (NB Stat. 73 32-701) First Tuesday Closed No in 2012 after second (NB Stat. 32-701) 2014 NB statute Monday in May requires at least (NB Stat. 32-401) 80% of all state delegates be committed to Presidential Candidate based on results of caucus or primary election (NB Stat. 32701); 35 Elected at Congressional District Caucus at NB GOP Convention (NB GOP Constitution74 Art. VII § 3 (c)) 2014 NB statute requires at least 80% of all state delegates be committed to Presidential Candidate based on results of caucus or primary election (NB Stat. 32-701); Candidates for Delegate must designate Presidential Candidate to whom they are committed or state they are uncommitted; committed delegates are bound if elected (NB GOP Constitution Art. VII § 3(e)) Bound (NB GOP Constitution Art. VII § 3(e)); 2014 NB statute requires at least 80% of all state delegates be committed to Presidential Candidate based on results of caucus or Presidential Preference Primary election (NB Stat. 32-701) Elected at NB GOP Convention (NB GOP Constitution Art. VII § 3(b)) SAME as Congressional District Delegates; i.e., 2014 NB statute requires at least 80% of all state delegates be committed to Presidential Candidate based on results of caucus or primary election (NB Stat. 32-701); Candidates for Delegate must designate Presidential Candidate to whom they are committed or state they are uncommitted; committed delegates are bound if elected (NB GOP Constitution Art. VII § 3(e)) SAME as Unbound Congressional District Delegates; i.e., (NB GOP Constitution Art. VII § 3(e)); 2014 NB statute requires at least 80% of all state delegates be committed to Presidential Candidate based on results of caucus or Presidential Preference Primary election (NB Stat. 32701) Nevada Precinct Caucuses in 2012 (NV Secretary of State75) February 4 in Closed in 2012 Yes in 2012 2012 (NV Secretary of (NV Secretary of (NV Secretary of State) State) State) 28 Selected at NV GOP Convention (NV Stat.76 293.163) Proportional by Statewide Vote in 2012 Bound for first ballot in 2012 SAME as Congressional District Delegates; i.e., Selected at NV GOP Convention (NV Stat. 293.163) SAME as Congressional District Delegates; i.e., Proportional by Statewide Vote in 2012 SAME as Congressional District Delegates; i.e., First Ballot in 2012 New Hampshire Primary Second (NH Stat. 77 653:9) Tuesday in March or other date selected by Secretary of State which is 7 days or more prior to date on which any other state holds similar election (NH Stat. 653:9) 24/1278 Presidential Candidates submit slate to Secretary of State (NH Stat. 655:50) Proportional by Statewide Vote by NH Secretary of State with 10% threshold (NH Stat. 659:93) Bound; released only if Presidential Candidate withdraws (NH Stat. 659:93) SAME as Congressional District Delegates; i.e., Presidential Candidates submit slate to Secretary of State (NH Stat. 655:50) SAME as Congressional District Delegates; i.e., Proportional by Statewide Vote by NH Secretary of State with 10% threshold (NH Stat. 659:93) SAME as Bound Congressional District Delegates; i.e., Bound; released only if Presidential Candidate withdraws (NH Stat. 659:93) New Jersey Primary Tuesday after Closed (NJ Stat.79 19:2-1; first Monday in (NJ Stat. 1919:25-3) June 23:45) (NJ Stat. 19:2-1) 50 Elected at Presidential Preference Primary by Congressional District (NJ Stat. 19:24-4); Candidates for Delegate can list favored Presidential Candidate opposite their name on ballot (NJ Stat. 19:24-5) Winner Take All by Statewide Vote in 2012 Bound for first ballot in 2012 SAME as Congressional District Delegates; i.e., Elected at Presidential Preference Primary by Congressional District (NJ Stat. 19:24-4); Candidates for Delegate can list favored Presidential Candidate opposite their name on ballot (NJ Stat. 19:24-5) SAME as Congressional District Delegates; i.e., Winner Take All by Statewide Vote in 2012 SAME as Congressional District Delegates; i.e., Bound for first ballot in 2012 Closed (but NH Yes GOP can permit (NH Stat. 653:5; undeclared 659:93) voters to vote in Republican primary) (NH Stat. 659:14) Yes in 2012 The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Bound Bound Page 8 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE New Mexico CONGRESSIONAL DISTRICT DELEGATES4 TOTAL DELEGATES IN Used to Allocate 20123 Type Date Open/Closed7 Method of Selection9 Method of Allocation10 Bound/Unbound11 Delegates?8 Primary First Tuesday Closed Yes 23 Elected at NM GOP Proportional by Statewide Bound for first ballot (NM Stat.80 1-15A- after the first (NM Stat. 1-15A- (NM Stat. 1-15AConvention by Vote with 15% threshold in (NM Stat. 1-15A-10); 2) Monday in June 2) 9) Congressional District 2012 failure to vote as (NM Stat. 1-8-11) (NM GOP Rules81 Art. 2 Proportional; NM GOP may apportioned is a § 2-2-10(D)(4)); State impose threshold up to 15% misdemeanor (NM Stat. GOP Rules Control (NM (NM Stat. 1-15A-9) 1-15A-11); Bound in Stat. 1-15A-9) 2012 SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Selection Method of Allocation Bound/Unbound Elected at NM GOP Convention (NM GOP Rules Art. 2 § 2-2-10(D)(4)); State GOP Rules Control (NM Stat. 1-15A-9) SAME as Congressional District Delegates; i.e. Proportional by Statewide Vote with 15% threshold in 2012 Proportional; NM GOP may impose threshold up to 15% (NM Stat. 1-15A-9) SAME as Congressional District Delegates; i.e., Elected at NM GOP Convention (NM GOP Rules Art. 2 § 2-2-10(D)(4)); State GOP Rules Control (NM Stat. 1-15A-9) Bound/Unbound in 201212 Unbound New York Primary (NY GOP Rules Art. XI Rule 1(d)(iii), 1(e)) April 24 in 2012 Closed (NY GOP Rules Art. XI Rule 1(d)(i)) Yes (NY GOP Rules82 Art. XI Rule (e), (f)) 95 Elected by Congressional District at Presidential Preference Primary (NY GOP Rules Art. XI Rule 19d)(i)); Presidential Candidates submit slates of delegates to NY Secretary of State (NY GOP Rules Art XI Rule 1(c)(ii)); Elected from Congressional Districts, or partly at large and partly from Congressional Districts, as NY GOP Rules provide (NY Stat. 2-122) If a Presidential Candidate Bound for first ballot receives a majority of votes in (NY GOP Rules Art. XI the Congressional District in the Rule 1(f)) Presidential Preference Primary, then Winner Take All by Congressional District Vote; If no Presidential Candidate receives a majority, then Proportional with a 20% threshold; if no Presidential Candidate receives 20% in the Congressional District, then all Congressional District Delegate positions deemed “vacant” and filled pursuant to the RNC Rules (NY GOP Rules Art. XI Rule 1(d)) Elected by NY GOP State Committee (NY GOP Rules Art VI Rule 1(e)) If a Presidential Candidate receives a majority of votes statewide in the Presidential Preference Primary, then Winner Take All by Statewide Vote; If no Presidential Candidate receives a majority, then Proportional by Statewide Vote with a 20% threshold (NY GOP Rules Art. XI Rule 1(e)) SAME as Congressional District Delegates; i.e., Bound for first ballot (NY GOP Rules Art. XI Rule 1(f)) North Carolina Primary (NC Stat.83 163213.2) First Monday in Closed May or, if South (NC Stat. 163Carolina holds 213.2) its Presidential Preference Primary before March 15, then on the Tuesday after the South Carolina Presidential Preference Primary (NC Stat. 163213.2) Yes (NC Stat. 163213.8; NC GOP Plan84 Art. VII § F) 55 Elected at Congressional District Conventions based on declaration of Candidate for Delegate’s preference for Presidential Candidate (NC GOP Plan Art. VII § F) Proportional by Statewide Vote (NC GOP Plan Art. VI § F); Must be apportioned in a manner that reflects the division of votes in the Presidential Preference Primary consistent with RNC Rules (NC Stat. 163-213.8); Allocated as announced by the State Chairman (NC GOP Plan Art VII § F) Bound in 2012 Candidates for Congressional District Delegate must have declared for Presidential Candidate in the Presidential Preference Primary prior to election of Congressional District Delegates at Congressional District Convention (NC GOP Plan Art. 5 § F); Elected at NC GOP Convention (NC GOP Plan Art. VII § F) SAME as Congressional District Delegates; i.e., Proportional by Statewide Vote (NC GOP Plan Art. VI § F); Must be apportioned in a manner that reflects the division of votes in the Presidential Preference Primary consistent with RNC Rules (NC Stat. 163213.8); Allocated as announced by the State Chairman (NC GOP Plan Art VII § F) SAME as Unbound Congressional District Delegates; i.e., Bound in 2012 Candidates for Congressional District Delegate must have declared for Presidential Candidate in the Presidential Preference Primary prior to election of Congressional District Delegates at Congressional District Convention (NC GOP Plan Art. 5 § F); North Dakota Presidential Caucus (ND GOP Rules85 Rule 21) March 6 in 2012 Closed No (ND Stat.86 16.1- (ND GOP 03-02) Rules87 Rule 20) 28 Elected at ND GOP Convention in 2012 State GOP Rules Control (ND Stat. 16.1-03-14) All ND Congressional District Delegates and At-Large Delegates caucus prior to RNC Convention to discuss allocating delegate representation on first ballot to reflect results of Presidential Caucus Unbound (ND GOP Rules Rule 20) SAME as Congressional District Delegates; i.e., Elected at ND GOP Convention in 2012 State GOP Rules Control (ND Stat. 16.1-03-14) SAME as Congressional District Delegates; i.e., All ND Congressional District Delegates and At-Large Delegates caucus prior to RNC Convention to discuss allocating delegate representation on first ballot SAME as Congressional District Delegates; i.e., Unbound (ND GOP Rules Rule 20) The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Unbound Unbound Page 9 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 TOTAL DELEGATES IN Used to Allocate 20123 Delegates?8 CONGRESSIONAL DISTRICT DELEGATES4 Method of Selection9 Method of Allocation10 Bound/Unbound11 Method of Selection (ND GOP Rules Rule 20) Ohio Primary (OH Stat.88 3513.12) First Tuesday after the first Monday in March (OH Stat. 3513.12) Oklahoma Primary First Tuesday in (OK Stat.89 20-101 March, but State Election Board is authorized to change date to date on which one or more states with mutual boundary with Oklahoma establish a single date for a regional primary (OK Stat. 20101) SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Allocation Bound/Unbound Bound/Unbound in 201212 to reflect results of Presidential Caucus (ND GOP Rules Rule 20) Closed (OH Stat § 3513.19) Yes (OH Stat. 3513.151) 66 Elected at Presidential Preference Primary (OH Stat. 3513.12; 3513.121); State GOP Rules determine whether names of individual Candidates for Delegate appear on the ballot or they are to be represented on the ballot by their stated first choice for Presidential Candidate (OH Stat. 3513.151); Presidential Candidates authorized Candidates for Delegates, who appeared directly on ballot in 2012 Winner Take All by “Morally Bound” per Congressional District Vote in OH GOP in 2012 2012 Candidates for Delegate must declare first and second choices for Presidential Candidate (OH Stat. 3513.12) or Presidential Candidates may submit a slate of delegates for each Congressional District and Congressional District Candidates on the slate must declare their first and second choices for Presidential Candidate (OH Stat. 3513.121) Elected at Presidential Preference Primary in 2012 Elected at Presidential Preference Primary if OH Stat. 3513.12 process is utilized (OH Stat. 3513.12), but Candidates for Delegate are not individually listed on ballot; they are represented on the ballot by their stated first choice for President (OH Stat. 3513.151) or selected according to OH GOP Rules if OH Stat. 3513.121 process is utilized (OH Stat. 3513.121) Winner Take All by Statewide Vote if Presidential Candidate receives more than 50% of Presidential Preference Primary vote; If no Presidential Candidate receives a majority, then Proportional by Statewide Vote with 20% threshold in 2012 Candidates for Delegate must declare first and second choices for Presidential Candidate; groups of Candidates for Delegate who have the same first and second choices for Presidential Candidate may file as a group if their number is exactly equal to the number of At-Large Delegates from their Congressional District (OH Stat. 3513.12) or Candidates for President may submit slate of At-Large Delegates for each Congressional District and Presidential Candidates on slate must declare their first and second choices for Presidential Candidate (OH Stat. 3513.121) SAME as Unbound Congressional District Delegates; i.e., “Morally Bound” per OH GOP in 2012 Closed; State Party may permit independent voters to participate (OK Stat. 1-104) Yes (OK Stat. 20104) 43 Elected at Congressional District Conventions (OK GOP Rules90 Rule 18(e)); Selected by method determined by OK GOP (OK Stat. 20104) Unless OK GOP Rules provide otherwise: Proportional by Congressional District Vote with 15% threshold; if no Presidential Candidate receives 15% or more, then Winner Take All to plurality winner by Congressional District Vote (OK Stat. 20-104); OK GOP Rules supersede OK Stat. 20-104 and provide for Winner Take All if any Presidential Candidate receives a majority of Presidential Preference Primary votes; if no Presidential Candidate receives a majority, then if 3 or more Presidential Candidates receive 15% or more of the Congressional Elected at OK GOP Convention (OK GOP Rules Rule 18(d)); Selected by method to be determined by OK GOP (OK Stat. 20104) Winner Take All by Statewide Vote if any Presidential Candidate receives a majority of Presidential Preference Primary votes; if no Presidential Candidate receives a majority, then Proportional by Statewide Vote with 15% threshold (OK GOP Rules Rule 18(h)(1)); Unless OK GOP Rules provide otherwise: Winner Take All by Statewide Vote (OK Stat. 20104) SAME as Congressional District Delegates; i.e., Bound; votes by delegates at RNC Convention for Presidential Candidate other than candidate delegates pledged to are void (OK Stat. 20-105) Bound; votes by delegates at RNC Convention for Presidential Candidate other than candidate delegates pledged to are void (OK Stat. 20-105) The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Unbound Page 10 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 TOTAL DELEGATES IN Used to Allocate 20123 Delegates?8 CONGRESSIONAL DISTRICT DELEGATES4 Method of Selection9 Method of Allocation10 SUPERDELEGATES6 AT-LARGE DELEGATES5 Bound/Unbound11 Method of Selection Method of Allocation Bound/Unbound Bound/Unbound in 201212 District Vote, then the top 3 finishers each receives one Congressional District Delegate; if 2 Presidential Candidates receive 15% or more, then the top finisher receives 2 Congressional District Delegates and the next highest finisher receives 1 Congressional District Delegate; if only one Presidential Candidate receives 15% or more, then he/she is awarded all Congressional District Delegates (OK GOP Rules Rule 18(h)(2)) Oregon Primary (OR Stat.91 245.115) Third Tuesday in May (OR Stat. 254.056) Closed (OR Stat. 254.365) Pennsylvania Primary (PA Stat.93 2862) Fourth Tuesday Closed in April (PA Stat. 2862) (PA Stat. 2753) Yes (OR Stat. 248.315) 28 Specific rules for Proportional by Statewide selection of delegates Vote to each RNC (OR Stat. 248.315) Convention enacted on or before July 1 of the year before the Convention (OR GOP Bylaws92 Art. XVII); Elected at Congressional District Conventions in 2012 (RNC Rules); Selected by OR GOP (OR Stat. 248.315) Bound for first two ballots unless Presidential Candidate receives less than 35% of votes for nomination on first ballot (OR Stat. 248.315; OR GOP Bylaws Art XVII) SAME as Congressional District Delegates; i.e., Specific rules for selection of delegates to each RNC Convention enacted on or before July 1 of the year before the Convention (OR GOP Bylaws Art. XVII); Elected at Congressional District Conventions in 2012 (RNC Rules); Selected by OR GOP (OR Stat. 248.315) SAME as Congressional District Delegates; i.e., Proportional by Statewide Vote (OR Stat. 248.315) SAME as Unbound Congressional District Delegates; i.e., Bound for first two ballots unless Presidential Candidate receives less than 35% of votes for nomination on first ballot (OR Stat. 248.315; OR GOP Bylaws Art XVII) No (PA GOP Rules94 Rule 8.4) 72 Elected at Presidential Preference Primary by Congressional District (PA GOP Rules Rule 8.1); State GOP Rules Control (PA Stat. 2838.1) Unbound PA GOP Rules prohibit official commitment to Presidential Candidate on ballot (PA GOP Rules Rule 8.4); Delegates bound only if pledged to Presidential Candidate on ballot (PA Stat. 2839.1) (but current PA GOP Rules prohibit pledging on ballot) 1/3 allocated among Congressional Districts and elected at Presidential Preference Primary by Congressional District; Remainder elected at PA GOP meeting called for that purpose (PA GOP Rules Rule 8.3, 8.4) SAME as Congressional District Delegates; i.e., N/A per PA GOP Rules which require Candidates for Delegate to run at large and prohibit Candidates for Delegate from officially committing to any Presidential Candidate on ballot (PA GOP Rules Rule 8.4); State GOP Rules Control (PA Stat. 2838.1) SAME as Unbound Congressional District Delegates; i.e., Unbound PA GOP Rules prohibit official commitment to Presidential Candidate on ballot (PA GOP Rules Rule 8.4); Delegates bound only if pledged to Presidential Candidate on ballot (PA Stat. 2839.1) (but current PA GOP Rules prohibit pledging on ballot) N/A per PA GOP Rules which require Candidates for Delegate to run at large and prohibit Candidates for Delegate from officially committing to any Presidential Candidate on ballot (PA GOP Rules Rule 8.4); State GOP Rules Control (PA Stat. 2838.1) The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 11 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Rhode Island TOTAL DELEGATES IN Used to Allocate 20123 Type Date Open/Closed7 Delegates?8 Primary Fourth Tuesday Closed Yes in 2012 19 (RI Stat. 95 17in April (RI Stat. 17-12.1- (RI GOP 12.1-8; 17-12.1-9) (RI Stat. 17-12.1- 8; 17-12.1-9) Resolutions96 Art. 1) III) South Carolina Primary (unless decided otherwise by the SC GOP convention within 2 years prior to presidential election year) (SC GOP Rules97 Rule 11(b)(1)) Within 2 weeks after New Hampshire primary or earlier if necessary to preserve South Carolina’s “First in the South” status (SC GOP Rules Rule 11(b)(1)) Open (but voters Yes cannot vote in (SC GOP Rules Republican Rule 11(c)) primary if they have voted in any other primary in same election cycle) (SC GOP Rules Rule 11(c)(1)) South Dakota None Although South Carolina does not conduct a Presidential Preference Vote, voters at primary vote for slates of delegates committed to individual Presidential Candidates, thereby effectively registering their preference for Presidential Candidate (SD GOP Rules § VI(3); SD Stat.100 12-5-3.11) Second Tuesday in June (SD Stat. 16.111-01) Closed (SD Stat. 12-626) Although South Carolina does not conduct a Presidential Preference Vote, voters at primary vote for slates of delegates committed to individual Presidential Candidates, thereby effectively registering their preference for Presidential Candidate (SD GOP Rules § VI(3); SD Stat. 12-5-3.11) CONGRESSIONAL DISTRICT DELEGATES4 Method of Selection9 Method of Allocation10 SUPERDELEGATES6 AT-LARGE DELEGATES5 Bound/Unbound11 Method of Selection Method of Allocation Bound/Unbound SAME as Congressional District Delegates; i.e., released; an affirmative vote of 75% of RI delegates committed to a Presidential Candidate will release all Delegates committed to that Presidential Candidate in 2012 (RI GOP Resolutions Art. III Rule 4.02) Bound/Unbound in 201212 Unbound Elected at Presidential Preference Primary in 2012 (RI Stat. 17-12-12.1-2); Presidential Candidates must endorse Candidates for Delegate or they are listed as “Uncommitted;” Candidates for Delegate that are endorsed by a Presidential Candidate must affirm commitment to that Presidential Candidate in 2012 (RI GOP Resolution Art. III Rule 4.01) Proportional by Statewide Vote with 15% threshold in 2012 (RI GOP Resolutions Art. II Rules 3.02; 3.03) Bound until released; an affirmative vote of 75% of RI delegates committed to a Presidential Candidate will release all Delegates committed to that Presidential Candidate in 2012 (RI GOP Resolutions Art. III Rule 4.02) SAME as Congressional District Delegates; i.e., Elected at Presidential Preference Primary in 2012 (RI Stat. 17-12-12.1-2); Presidential Candidates must endorse Candidates for Delegate or they are listed as “Uncommitted;” Candidates for Delegate that are endorsed by a Presidential Candidate must affirm commitment to that Presidential Candidate in 2012 (RI GOP Resolution Art. III Rule 4.01) SAME as Congressional District Delegates; i.e., Proportional by Statewide Vote with 15% threshold in 2012 (RI GOP Resolutions Art. II Rules 3.02; 3.03) 50/2598 Elected at Congressional District Conventions in 2012 (SC GOP Resolutions99) Winner Take All by Congressional District Vote (SC GOP Rules Rule 11(b)(4)) Bound for first ballot; if Presidential Candidate receives less than 30% of vote during first ballot, then released prior to second ballot (SC GOP Rules Rule 11(b)(4), (b)(6)) Elected at SC GOP Convention (SC GOP Rules Rule 7(b)(7)(c)) Winner Take All by Statewide Bound for first Unbound Vote ballot; if Presidential (SC GOP Rules Rule 11(b)(5)) Candidate receives less than 30% of vote during first ballot, then released prior to second ballot (SC GOP Rules Rule 11(b)(5), (b)(6)) 28 All Congressional District Delegates and At-Large Delegates elected at Primary from slates of delegates designated as uncommitted or committed to a named Presidential Candidate (SD GOP Rules § VI(3)); Slate of Candidates for Delegate determined by process involving County Delegate Selection meetings and a Statewide Delegate Selection meeting (SD GOP Bylaws101 § VI(8)(16)); Slates of delegates elected at primary if no other method provided for by SD GOP Rules Voters vote for entire slates of Bound for first ballot Candidates for Delegate; (SD GOP Bylaws § delegate positions awarded to VI(17)(B)) slates proportionally based on percentage of statewide vote received by individual slates (SD GOP Bylaws § VI(6)); State GOP Rules Control (SD Stat. 12-5-3.6) SAME as Congressional District Delegates; i.e., All Congressional District Delegates and At-Large Delegates elected at Primary from slates of delegates designated as uncommitted or committed to a named Presidential Candidate (SD GOP Rules § VI(3)); Slate of Candidates for Delegate determined by process involving County Delegate Selection meetings and a Statewide Delegate Selection meeting (SD GOP Bylaws § VI(8)(16)); Slates of delegates elected at primary if no SAME as Congressional District Delegates; i.e., Voters vote for entire slates of Candidates for Delegate; delegate positions awarded to slates proportionally based on percentage of statewide vote received by individual slates (SD GOP Bylaws § VI(6)); State GOP Rules Control (SD Stat. 12-5-3.6) SAME as Congressional District Delegates; i.e., Bound for first ballot (SD GOP Bylaws § VI(17)(B)) The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Unbound Page 12 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 TOTAL DELEGATES IN Used to Allocate 20123 Delegates?8 CONGRESSIONAL DISTRICT DELEGATES4 Method of Selection9 Method of Allocation10 Bound/Unbound11 (SD Stat. 12-5-3.11) SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Selection Method of Allocation Bound/Unbound Bound/Unbound in 201212 other method provided for by SD GOP Rules (SD Stat. 12-5-3.11) Tennessee Primary (TN Stat.102 2-13205) First Tuesday in Closed103 March (TN Stat. 2-13(TN Stat. 2-13312) 205) Yes (TN GOP Rules104 Rule C §§ 4-A, 4-B) 58 Elected at Presidential Preference Primary by Congressional District (TN Stat. 2-13-302; 2-133-3; TN GOP Rules Rule B § 1) Proportional by Congressional District Vote with 15% threshold; however, delegates that would otherwise have been allocated to any Presidential Candidates receiving less than 15% of vote at primary are deemed uncommitted (TN Stat. 2-13314); Presidential Candidate receiving more than 2/3 of Congressional District Vote at Presidential Preference Primary receives 3 Congressional District Delegates; if no Presidential Candidate receives more than 2/3 of the primary vote, then the plurality winner in Congressional District receives 2 Congressional District Delegates and next highest gets 1 delegate, provided that if plurality winner receives more than 20% of primary vote and next highest receives less than 20%, then the plurality winner receives 3 Congressional District Delegates; if no Presidential Candidate receives more than 20% of primary vote, then 3 highest vote getters each receive 1 delegate (TN GOP Rules Rule C §4-A) Bound for first two ballots and up to two additional ballots if Presidential Candidate receives at least 20% of vote on prior ballot (TN Stat. 2-13-317) Half elected at-large at Presidential Preference Primary; half appointed by TN GOP Executive Committee with advice of Presidential campaigns (TN GOP Rules Rule C § 2); State GOP Rules Control, but at least 1/3 of At-Large Delegates elected at primary (because RNC allocates 3 Delegates per Congressional District) (TN Stat. 2-13-303) Winner Take All by Statewide Vote to Presidential Candidate receiving more than 2/3 of Statewide Vote in Presidential Preference Primary; if no Presidential Candidate receives 2/3 of vote, then Proportional by Statewide Vote with 20% threshold; if no Presidential Candidate receives at least 20% of vote, then Proportional by Statewide Vote (TN GOP Rules Rule C § 4-B); Proportional by Statewide Vote with 15% threshold; however, delegates that would otherwise have been allocated to any Presidential Candidates receiving less than 15% of vote at primary are deemed uncommitted (TN Stat. 2-13314) SAME as Congressional District Delegates; i.e., Bound for first two ballots and up to two additional ballots if Presidential Candidate receives at least 20% of vote on prior ballot (TN Stat. 2-13-317) Texas Primary (TX Stat.105 191.001) First Tuesday in Closed March (TX Stat § (TX Stat. 172.086) 191.005; 41.007)) Yes (TX Stat. 191.007) 155 Elected by Congressional District meetings at TX GOP Convention (TX GOP Rules106 Rule 38 § 6) Winner Take All by Congressional District Vote if any Presidential Candidate receives more than 50% of Presidential Preference Primary vote in that Congressional District; if no Presidential Candidate receives more than 50% of Congressional District Vote, then plurality winner gets 2 Congressional District Delegates and Presidential Candidate receiving next highest number of votes gets 1 delegate; if no Presidential Candidate receives more than 20% of Congressional District Vote, then top 3 finishers each Bound for first ballot and second ballot if Presidential Candidate receives at least 20% of vote on first ballot (TX GOP Rules Rule 38 § 10) Selected by National Nominations Committee at TX GOP Convention and confirmed by TX GOP Convention (TX GOP Rules Rule 38 § 7) A number of At-Large Delegates equal to 25% of the total number of Congressional District and At-Large Delegates that Texas is entitled to under the RNC Rules will be allocated Winner Take All by Statewide Vote based on secret ballot at TX GOP Convention; remaining At-Large delegates allocated Winner Take All by Statewide Vote to Presidential Candidate receiving more than 50% of Presidential Preference Primary Vote; if no Presidential Candidate receives more than 50% of vote, then Proportional by Statewide Vote with 20% SAME as Unbound Congressional District Delegates; i.e., Bound for first ballot and second ballot if Presidential Candidate receives at least 20% of vote on first ballot (TX GOP Rules Rule 38 § 10) The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Unbound Page 13 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 TOTAL DELEGATES IN Used to Allocate 20123 Delegates?8 CONGRESSIONAL DISTRICT DELEGATES4 Method of Selection9 Method of Allocation10 Bound/Unbound11 Method of Selection get 1 delegate (TX GOP Rules Rule 38 § 8); State GOP Rules Control, but must be Proportional or Winner Take All based on results of Presidential Preference Primary (TX Stat. 191.007) Utah Primary First Tuesday in (UT Stat.107 20A-9- February 802) (contingent upon legislative funding of Utah’s Western States Presidential Primary); or Fourth Tuesday in June (regular primary) (UT Stat. 20A-9-403) Closed Yes (unaffiliated (UT GOP Bylaws voters can Rule 7.0(B)) affiliate as Republicans at polls) (UT GOP Constitution108 Art. XI § 5); UT GOP Bylaws109 Rule 7.0(C)); State GOP Rules Control (regular primary) (UT Stat. 20A-9-403) (Western States Presidential Primary) (UT Stat. 20A-9-802; 20A-9-805) Vermont Primary (VT Stat.110 2701) First Tuesday in Open March (VT Stat. 2704) (VT Stat. 2701) Virginia Primary in 2012 Primary held at option of VA GOP (VA Stat.112 24.2544) March 12 in 2012 First Tuesday in March if VA GOP opts to hold Presidential Open (but party can require voters to pledge intention to support party’s Presidential Candidate at SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Allocation Bound/Unbound Bound/Unbound in 201212 threshold, but if only 1 Presidential Candidate receives 20% or more of vote, then Proportional by Statewide Vote among that Presidential Candidate and the Presidential Candidate receiving the next highest number of votes; if no Presidential Candidate receives 20%; or more of the vote, then Proportional (TX GOP Rules Rule 38 § 9); State GOP Rules Control, but must be Proportional or Winner Take All based on results of Presidential Preference Primary (TX Stat. 191.007) 40 Elected at UT GOP Winner Take All by Statewide Nominating Convention Vote (UT GOP Constitution (UT GOP Bylaws Rule 7.0(B)) Art. XII § 3(b)) Bound for first ballot (UT GOP Bylaws Rule 7.0(B)) SAME as Congressional District Delegates; i.e., Elected at UT GOP Nominating Convention (UT GOP Constitution Art. XII § 3(b)) SAME as Congressional District Delegates; i.e., Winner Take All by Statewide Vote (UT GOP Bylaws Rule 7.0(B)) SAME as Unbound Congressional District Delegates; i.e., Bound for first ballot (UT GOP Bylaws Rule 7.0(B)) Yes (VT GOP Rules111 Rule 11(i)) 17 Elected at VT GOP Convention (VT Stat. 2715) Winner Take All by Statewide Vote (VT GOP Rules Rule 11(i)) Bound for first ballot (VT GOP Rules Rule 11(i)) SAME as Congressional District Delegates; i.e., Elected at VT GOP Convention (VT Stat. 2715) Winner Take All by Statewide Vote if any Presidential Candidate receives more than 50% of Presidential Preference Primary vote; If no Presidential Candidate receives more than 50% of vote, then Proportional with 20% threshold (VT GOP Rules Rule 11(i)) SAME as Congressional District Delegates; i.e., Bound for first ballot (VT GOP Rules Rule 11(i)) Bound Yes in 2012 (VA GOP Resolutions114); State GOP Rules Control (VA Stat. 24.2-545) 49 Elected at Congressional District Conventions in 2012 (VA GOP Resolutions); State GOP Rules Control (VA Stat. 24.2-545) Winner Take All by Congressional District Vote in 2012 (VA GOP Resolutions); State GOP Rules Control (VA Stat. 24.2-545) Bound for first ballot in 2012 (VA GOP Resolutions); State GOP Rules Control (VA Stat. 24.2545) Elected at VA GOP Convention in 2012 (VA GOP Resolutions); State GOP Rules Control (VA Stat. 24.2-545) Winner Take All by Statewide Vote if Presidential Candidate receives more than 50% of Presidential Preference Primary vote; if no Presidential Candidate receives more than 50% of vote, then Proportional SAME as Congressional District Delegates; i.e., Bound for first ballot in 2012 (VA GOP Resolutions); State Unbound The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 14 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Washington No in 2012 Date Open/Closed7 Preference Primary (VA Stat. 24.2544) general election) (VA Stat. 24.2545); Virginia does not provide for voter party registration; VA GOP rules prohibit any voter who has participated in the nomination process of any other political party in the last 5 years from voting in Republican Presidential Preference Primary unless that person renounces their affiliation with the other party and expresses in writing that he/she is in accord with the principles of the Republican Party and intends to support the nominees of the Republican Party in the future (VA GOP Plan113 Art. I § A(4), A(5)) N/A N/A TOTAL DELEGATES IN Used to Allocate 20123 Delegates?8 CONGRESSIONAL DISTRICT DELEGATES4 Method of Selection9 Method of Allocation10 Bound/Unbound11 SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Selection Method of Allocation Bound/Unbound Bound/Unbound in 201212 by Statewide Vote with 15% GOP Rules Control threshold in 2012 (VA GOP (VA Stat. 24.2-545) Resolutions); State GOP Rules Control (VA Stat. 24.2-545) N/A 43 Elected by Congressional District Delegates to WA GOP Convention (WA GOP Bylaws115 Art. 7.2 § 7.2.4; WA GOP Convention Manual116 Appx. C) Candidates for Delegate must state their Presidential Candidate preference (uncommitted is allowed) at WA GOP Convention before being elected in 2012 (WA GOP Convention Manual Appx. C) Bound for first Ballot in 2012 (WA GOP Convention Manual Appx. C) Elected from floor of WA GOP Convention in 2012 (WA GOP Convention Manual Appx. C) SAME as Congressional District Delegates; i.e., Candidates for Delegate must state their Presidential Candidate preference (uncommitted is allowed) at WA GOP Convention before being elected in 2012 (WA GOP Convention Manual Appx. C) SAME as Unbound Congressional District Delegates; i.e., Bound for first Ballot in 2012 (WA GOP Convention Manual Appx. C) The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 15 SMITH VALLIERE PLLC PRESIDENTIAL PREFERENCE VOTE2 STATE Type Date Open/Closed7 West Virginia Primary Second Closed (WV Stat.117 3-5-3) Tuesday in May (WV Stat. 3-5-2; (WV Stat. 3-5-1) 3-5-3) Wisconsin Primary April 3 in 2012 (WI GOP Constitution118 Art. X § 3); At discretion of WI GOP (WI Stat.119 8.12) Wyoming None N/A Open CONGRESSIONAL DISTRICT DELEGATES4 TOTAL DELEGATES IN Used to Allocate 20123 Method of Selection9 Method of Allocation10 Bound/Unbound11 Delegates?8 No 31 Elected by Candidates for Delegate may If Candidate for Congressional District specify commitment to Delegate specifies at Presidential Presidential Candidate in 2012 commitment to Preference Primary Presidential (WV Stat. 3-5-2) Candidate, then bound until released in 2012 Yes (WI GOP Constitution Art X § 3) N/A N/A SUPERDELEGATES6 AT-LARGE DELEGATES5 Method of Selection Method of Allocation Bound/Unbound Elected at primary by Statewide Vote in 2012 Elected at Presidential Preference Primary unless WV GOP adopts certified plan providing alternate means (WV Stat. 3-5-2) SAME as Congressional District Delegates; i.e., Candidates for Delegate may specify commitment to Presidential Candidate in 2012 SAME as Congressional District Delegates; i.e., If Candidate for Delegate specifies commitment to Presidential Candidate, then bound until released in 2012 Bound/Unbound in 201212 Unbound 42 Elected prior to Winner Take All by Bound until released Presidential Preference Congressional District (WI GOP Constitution Primary at District (WI GOP Constitution Art. X § 3) Art. X § 3) Caucuses from Slate of Candidates for Delegate established by District Chairmen giving due consideration to designation by Presidential Candidate receiving plurality of Presidential Preference Primary vote of which Candidates for Delegate he/she wishes to have elected (WI GOP Constitution Art. X § 5) Selected by Presidential Candidate receiving plurality of Statewide Presidential Preference Primary Votes and ratified by State Executive Committee (WI GOP Constitution Art. X § 6) Winner Take All by Statewide Bound until released Unbound Vote (WI GOP Constitution (WI GOP Constitution Art. X §4) Art. X §4) 29 1 Congressional District Delegate elected by each Delegate District (identified in WY GOP Bylaws120) (WY GOP Bylaws Art. VI § 8(2)) All delegates not elected at Delegate Districts elected at large at WY GOP Convention (WY Bylaws Art. VI §§ 8(2) and (4)); Candidates for Delegate at WY GOP Convention must state which Presidential Candidate, if any, they support (WY GOP Bylaws Art. VI § 8(11) SAME as Congressional District Delegates; i.e., WY GOP Convention may “instruct” delegates unless prohibited by RNC Convention bylaws, rules or regulations (WY GOP Bylaws Art. VI § 8(12)) WY GOP Convention may “instruct” delegates unless prohibited by RNC Convention bylaws, rules or regulations (WY GOP Bylaws Art. VI § 8(12)) Unbound in 2012 WY GOP Convention may “instruct” delegates unless prohibited by RNC Convention bylaws, rules or regulations (WY GOP Bylaws Art. VI § 8(12)) SAME as Unbound Congressional District Delegates; i.e., Unbound in 2012 WY GOP Convention may “instruct” delegates unless prohibited by RNC Convention bylaws, rules or regulations (WY GOP Bylaws Art. VI § 8(12)) The information contained in this chart is based on existing state statutes, RNC and state GOP Bylaws, Constitutions, Rules, Resolutions and other materials available at the time of its preparation, which are believed to be current, and practices employed by the various state GOPs and the RNC in the 2012 election cycle. However, state statutes and the RNC and state GOP constitutions, Bylaws and Rules are subject to change. In addition, the national and state Republican Parties ultimately control their own processes and procedures, and state statutes, RNC and state GOP Constitutions, Bylaws, Rules, Resolutions and other materials are subject to interpretation by the RNC and the State GOPs. Finally, each state GOP will adopt resolutions and the RNC will adopt a Call of Convention governing the specific processes to be used in connection with the selection, allocation and binding of delegates to the RNC Convention for the 2016 election cycle. Therefore, the actual procedures ultimately employed in connection with the selection, allocation and binding of delegates to the RNC Convention for the 2016 election cycle by the various state GOPs and/or the RNC may vary from those set forth herein. 1 A “Presidential Preference Vote” is a primary in which voters vote directly for their preferred candidate for President of the United States. In most states, the Republican party holds a Presidential Preference Primary election. However, in some states the Republican Party conducts Presidential Preference Votes at caucuses or straw polls. In a few states, the Republican Party does not hold any Presidential Preference Vote. Whether or not a state conducts a Presidential Preference Vote and, if so, the type of Presidential Preference Vote conducted, is noted in the “Presidential Preference Vote” column. A Presidential Preference Vote is separate and distinct from a direct vote for delegates to the Republican Presidential Nominating Convention (“RNC Convention”). Some states hold a Presidential Preference Vote and direct elections of delegates on the same primary ballot. 2 The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 16 SMITH VALLIERE PLLC The number of delegates each state (and the District of Columbia and certain United States possessions) are permitted to send to the quadrennial RNC Convention is determined by the Republican National Committee (“RNC”) based on a formula set forth in the Rules of the Republican Party, as amended by the RNC as of August 8, 2014 (the “RNC Rules”). The formula takes into account a number of factors, including whether certain statewide offices are held by Republicans, whether one or both houses of the state legislature are controlled by Republicans, and whether a majority of the state’s voters voted for the Republican candidate for President in the prior Presidential election. Some of the factors necessary to determine the number of delegates that will be allocated to each state in 2016 are subject to change based on elections that will occur between the time this chart is being prepared and the time that the RNC issues the official delegate allocation for 2016 in its Call of the Convention for 2016. For informational purposes, we have included here the total number of delegates that each state was allocated for the 2012 RNC Convention. 3 Congressional District Delegates are delegates to the RNC Convention who are allocated to individual Congressional districts within each state. The RNC Rules allocate three (3) delegates to each Congressional District within each state. Unless otherwise noted, an alternate to each Congressional District Delegate is selected for each Congressional District Delegate in the same manner as the Congressional District Delegate. 4 “At-Large Delegates” are delegates to the RNC Convention that are allocated to each state by the RNC Rules, but are not specifically allocated by the RNC Rules or the state to individual Congressional Districts. Under the RNC Rules, each state is automatically allocated ten at large delegates. (RNC Rules Rule 14(a)(1)). The RNC Rules allocate States additional “bonus” At-Large delegates based on whether a majority of the state’s Presidential votes were cast for the Republican candidate in the last Presidential election, and whether the state has a Republican governor, a Republican majority in its Congressional delegation, whether one or both of the state’s Senators are Republicans, and whether there is a Republican majority in one or both houses of the State’s legislature. (RNC Rules Rule 14(a)(5), (6) and (7)). Unless otherwise noted, an alternate to each At-Large Delegate is selected for each At-Large Delegate in the same manner as the At-Large Delegate. Certain states allocate some or all of the state’s At-Large Delegates to individual Congressional Districts within the state. Where this is done by state statute or State GOP rules, it is noted in the District Delegate columns in this chart. 5 “Superdelegates” refers to individuals who are permanent members of the RNC and are At-Large delegates to the National Republican Convention by virtue of their positions as the state Republican Party Chairman, and the RNC Committeeman and Committeewoman from the state. (RNC Rules Rule 14(a)(2)). There are no alternates selected for Superdelegates. (RNC Rules Rule 14(b)(1)). 6 “Open” with respect to a Presidential Preference Vote refers to a primary in which voters can participate regardless of the party affiliation indicated in their voter registration records. “Closed” refers to a Presidential Preference Vote in which voting is limited to voters who indicated a Republican affiliation in their voter registration records. Some states permit voters who indicated an “independent” or “uncommitted” preference in their voter registration records to participate in the Republican primary; where this information is available it is noted in this column. Some states permit voters to register to vote or change their party affiliation immediately before a primary, or even at the polls. Such rules are beyond the scope of this table and generally are not indicated. 7 Some states and/or state parties require that some or all of the state’s delegates to the RNC Convention be allocated based on the outcome of the state’s Presidential Preference Vote. This column indicates whether the results of the Presidential Preference Vote (if one is held in the relevant state) are used to allocate delegates in the state. The method of allocation of delegates in each state is indicated in the relevant “Congressional District Delegates” and “At-Large Delegates” columns. 8 9 “Method of Selection” refers to the manner in which the individuals that will serve as delegates to the RNC Convention for a state are selected. In some instances they are elected at the Presidential Preference Vote, but in many states they are selected by state or local Republican Party organizations. “Method of Allocation” refers to the method, if any, by which individual delegates are awarded to Presidential Candidates. Allocation of a delegate to a Presidential Candidate does not necessarily bind the delegate to vote for the nomination of that Presidential Candidate at the RNC Convention. Some states permit delegates who are required to declare their preference for Presidential Candidate to identify themselves as “uncommitted” rather than committed to a specific Presidential Candidate. Where “uncommitted” Candidates for Delegate are elected at a Presidential Preference Primary or a caucus or convention, they are not allocated to any Presidential Candidate or bound to vote for any Presidential Candidate at the RNC Convention, but, rather, are free to vote for any Presidential Candidate. Whether delegates are bound by state law or State GOP rules is indicated in the “Bound/Unbound” columns for Congressional District Delegates, At-Large Delegates and Superdelegates. 10 “Bound/Unbound” refers to whether a delegate allocated to an individual Presidential Candidate is required to vote for that Presidential Candidate at the RNC Convention. State rules on binding of delegates (where in effect) uniformly provide for bound delegates to be released if the Presidential Candidate to whom they are pledged withdraws from the nomination race prior to the RNC Convention or if the delegate is released by the Presidential Candidate. Where other rules apply with respect to binding or releasing delegates they are noted in this column. 11 In many states, the rules applicable to the items addressed in this chart are governed by state statutory law, RNC Rules, or State GOP Constitutions, Bylaws and/or Rules. These sources remain in place until amended or repealed, and, where they govern the items set forth in this chart, they are cited herein. However, in certain states, certain aspects of the delegate selection, allocation and binding process are governed by separate documents enacted by the relevant State GOPs for each Presidential election cycle. These quadrennial documents “fill in the gaps” concerning specific aspects of the delegate selection, allocation and binding process for the state that are not addressed in state statutes, the RNC Rules or State GOP Rules. Unlike state statutes, the RNC Rules, and State GOP Constitutions, Bylaws or Rules, these State GOP Resolutions apply only to a specific quadrennial Presidential election cycle. Thus, the rules set forth in Resolutions for 2012 will necessarily not be in effect for the 2016 presidential primary cycle. The rules for the 2016 Presidential election cycle contained in the quadrennial Resolutions adopted by individual State GOPs for the 2016 Presidential election cycle may or may not differ significantly from the procedures utilized by that state in 2012. The 2016 Resolutions will not be adopted by the State GOPs until the fall of 2015. Therefore, where specific aspects of the delegate selection, allocation and binding process contained in this table for an individual state are not addressed in that state’s statutes, the RNC Rules or State GOP Constitutions, Bylaws or Rules, where available, we have included information concerning the procedures used by the state in 2012 for illustrative and informational purposes. Where available, the state’s quadrennial Resolutions are cited herein. For uniformity of reference, citations to individual state Resolutions for 2012 will be denoted by the state’s two-letter postal code followed by “Resolutions” indicating state party quadrennial delegate selection procedural rules. The title(s) of each state Republican Party governing documents cited herein will be provided in footnotes to the first such references. State GOPs are required to submit their quadrennial Resolutions governing selection of delegates to the RNC each election cycle by October 1 of 2015. (RNC Rules Rule 16(F(1)). Where information concerning an item addressed in this chart could only be derived from a State GOP’s Resolutions, and the state’s 2012 Resolutions were not available, information contained in a memorandum produced by the RNC Counsel’s office summarizing each state’s Resolutions is included herein. 12 For uniformity of reference, citations to individual states’ statutory election law will be denoted by the state’s two-letter postal code, followed by “Stat.” indicating “statute,” followed by the relevant statutory section number. The specific citation form to each state’s election law is provided in a footnote to the first such citation for each state. 13 14 Code of Ala § ___. For uniformity of reference, citations to the State Republican Parties in the individual states will be denoted by the state’s two-letter postal code followed by “GOP.” State GOP rules governing Presidential Preference Primaries and the delegate selection process are typically contained in the State GOP’s Constitution, Bylaws or Rules. References to a state party’s governing documents will be denoted by the state’s two-letter postal code, followed by “GOP” indicating state party governing rules, and, then “Constitution”, “Bylaws” or “Rules”. The title(s) of specific state GOP governing documents cited herein are provided in footnotes to the first such references. 15 16 Bylaws of the Alabama Republican Executive Committee, last amended June 21, 2014. “Proportional” refers to a method of allocation by which delegates are allocated among Presidential Candidates participating in the Presidential Preference Vote in proportion to the percentage of the vote received by each Presidential Candidate. Some states use a modified proportional system of allocation in which delegates are allocated among only Presidential Candidates who receive a percentage of votes exceeding a specific threshold (such as 15% or 20 %) set by state statute or State GOP Rule. Where a state employs a modified proportional allocation system, the individual state’s rules will be noted in the Method of Allocation column. 17 18 References to procedures followed by individual states in 2012 are based on the RNC Memo unless otherwise indicated. 19 Alaska Republican Party Rules, as adopted at ARP State Convention – May 3, 2014. 20 For uniformity of reference, references to state Republican Party conventions will be denoted by the state’s two-letter postal code followed by “GOP Convention.” 21 A.R.S. § ___. 22 In 2012, the RNC penalized Arizona 29 delegates (one-half its initial allotment of delegates) because Arizona conducted its Presidential Preference Primary prior to the date allowed by the RNC Rules. (RNC Rule 16(c)(1)). Absent this penalty, Arizona would have been entitled to 58 delegates in 2012 . The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 17 SMITH VALLIERE PLLC “Winner Take All” refers to a method of allocation by which all delegates (either Congressional District Delegates, At-Large Delegates or both) allocated to the state are awarded to the Presidential Candidate receiving the highest number of votes in the state-wide Presidential Preference Primary. Some states use a modified winner take all system of allocation in which delegates are awarded based on the vote in individual Congressional Districts and/or delegates are awarded to the winner only if he/she receives a percentage of votes exceeding a specific threshold set by state statute or state GOP Rule. Where states employ a modified winner take all allocation system, the individual state’s rules will be noted in the Method of Allocation column. 23 24 A.C.A. § ___. 25 Cal. Elec. Code. § ___. 26 Standing Rules and Bylaws of the California Republican Party, amended as of September 21, 2014. 27 “Winner Take All by Congressional District” indicates that all of the delegates allocated to a Congressional district are awarded to the Presidential Candidate winning a plurality of the vote in the Presidential Preference Vote in the Congressional District. 28 Bylaws of the Colorado Republican State Central Committee, amendments adopted September 24, 2011. 29 C.R.S. ___. 30 Conn. Gen Stat. § ___. 31 Connecticut Republican State Central Committee Rules and Bylaws, revised May 18, 2012 – Convention. RNC Rule 16(a)(1) requires that any presidential preference vote in a state (including at a Presidential Preference Primary, a caucus or state convention) must be used to allocate and bind delegates to the national convention in either a proportional or winner take all manner, except where delegates are elected directly by primary voters. Where delegates are not directly elected by the primary voters in a state, and the state’s laws and state GOP’s rules are silent with respect to whether delegates are bound, RNC Rule 16 binds those delegates to the Presidential Candidates to whom they are allocated. 32 33 15 Del. C. § ___. 34 Rules of the Republican Party of the State of Delaware, with all amendments through the 2013 Organizational Convention & Redistricting. 35 CDCR ___. 36 The District of Colombia Republican Party, Election Rules and Plan for the 2012 Presidential Preference Primary (provided in Draft form but confirmed based on historical accounts of the 2012 delegate selection, allocation and binding process in the District of Columbia). 37 Fla. Stat. § ___. 38 The RNC Rules impose penalties on states (other than Iowa, New Hampshire, Nevada, and South Carolina) that hold primaries or caucuses prior to March 1 (RNC Rule 16(c)(1)). 39 Republican Party Florida Party Rules of Procedure; Republican State Executive Committee, amended as of January 15, 2011. 40 In 2012, the RNC penalized Florida 49 delegates because Florida conducted its Presidential Preference Primary prior to the date allowed by the RNC Rules. Absent this penalty, Florida would have been entitled to 99 delegates in 2012. 41 O.C.G.A. § ___. 42 Rules of the Georgia Republican Party, amended and adopted May 18, 2013. 43 Hawaii Republican Party State Rules, as of May 18, 2013. 44 HRS § ____. “Proportional by Congressional District” ” refers to a method of allocation by which delegates allocated to each Congressional District are allocated among Presidential Candidates participating in the Presidential Preference Primary in proportion to the percentage of the vote received by each Presidential Candidate in that Congressional District. 45 46 Idaho Republican Party State Rules, as amended January 4, 2014. 47 Idaho Code § ___. 48 10 ILCS ___. 49 Burns Ind. Code Ann § ___. 50 Rules of the Indiana Republican State Committee, revision containing all changes approved as of September 18, 2013. 51 Iowa Code § ___. 52 Constitution of the Republican Party of Iowa, amended June 15, 1996. 53 K.S.A. § ___. 54 Kansas Republican Party Constitution, adopted January 30, 2010. 55 Kansas Republican Party Bylaws, adopted January 30, 2010. 56 KRS § ___. 57 Official Rules of the Republican Party of Kentucky, ratified by the Republican State Central Committee on September 17, 2011. 58 La. R.S. ___. 59 Rules – State Convention to Elect Delegates to the Republican National Convention, adopted May 21, 2011. 60 Maine Republican Party Press Release, February 11, 2012, Mitt Romney Winner of Maine GOP Caucuses. 61 The Rules of the Maine Republican Party, as adopted at Convention on April 25, 2014. The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 18 SMITH VALLIERE PLLC 62 Maryland Republican Party Instructive Materials Relating to the Delegate Selection Procedure for the 2012 Republican National Convention. 63 ALM GL Ch. 53 § ___. 64 MCLS § ___. 65 In 2012, the RNC penalized Michigan 29 delegates because Michigan conducted its Presidential Preference Primary prior to the date allowed by the RNC Rules. Absent this penalty, Michigan would have been entitled to 59 delegates in 2012. 66 Minn. Stat. § ___. 67 Miss. Code Ann. § ___. 68 Amendment-Resolution of the State Executive Committee of the Mississippi Republican Party, May 12, 2011. 69 § ___ R.S.Mo. 70 Missouri State Republican Committee ByLaws, as amended June 28, 2014. 71 ___, MCA. 72 Rules of the Montana Republican Party, adopted by the Montana Republican State Central Committee June 21, 2014. 73 R.R.S. Neb. § ___. 74 Constitution of the Republican Party of Nebraska as adopted on July 31, 2010. 75 NV Secretary of State Election Center (http://nvsos.gov/index.aspx?page=1017). 76 Nev. Rev. Stat. Ann. § ___. 77 RSA ___. 78 In 2012, the RNC penalized New Hampshire 12 delegates because New Hampshire conducted its Presidential Preference Primary prior to the date allowed by the RNC Rules. Absent this penalty, New Hampshire would have been entitled to 24 delegates in 2012. 79 N.J. Stat. § ___. 80 N.M. Stat. Ann. § ___. 81 Uniform State Rules of the Republican Party of New Mexico, Effective Date: October 26, 2013. 82 Rules of the New York Republican State Committee, as adopted at a meeting of the New York Republican State Committee June 9, 2011. 83 N.C. Gen. Stat. § ___. 84 North Carolina Republican Party Plan of Organization, adopted June 7, 2014. 85 North Dakota Republican Party State Endorsing Convention Rules, revised December 14, 2013. 86 N.D. Cent. Code § ___. 87 North Dakota Republican Party State Endorsing Convention Rules, revised December 14, 2013. 88 ORC Ann. § ___. 89 26 Okl. St. § ___. 90 Rules of the Oklahoma Republican Party, revised April 20, 2014. 91 ORS § ___. 92 Oregon Republican Party Bylaws, adopted May 21, 2011. 93 25 P.S. § ___. 94 Rules and Bylaws of the Republican Party of Pennsylvania, revised as of February 12, 2010. 95 R.I. Gen. Laws § ___. 96 Republican Party of Rhode Island Rules pertaining to the Delegate Selection Process to the 2012 Republican National Convention, as approved and adopted by the Rhode Island Republican State Central Committee. 97 The Rules of the South Carolina Republican Party, as amended by the 2012 South Carolina Republican Party Sate Convention. 98 In 2012, the RNC penalized South Carolina 25 delegates because South Carolina conducted its Presidential Preference Primary prior to the date allowed by the RNC Rules. Absent this penalty, South Carolina would have been entitled to 50 delegates in 2012. 99 A Resolution of the South Carolina Republican Party Regarding the Election of Delegates and Alternates to the 2012 Republican National Convention, passed by unanimous vote of the Executive Committee of the South Carolina Republican Party on August 27, 2011. 100 S.D. Codified Laws § ____. 101 Bylaws of South Dakota Republican Party, amended at special meeting of the State Central Committee on February 1, 2014. 102 Tenn. Code Ann. § ___. Tennessee law provides for a closed primary process, where only Republicans are permitted to vote in the Republican primary. However, like several other states, Tennessee’s voter registration rules permit primary voters to change their party affiliation at the polls on the day of the primary. Specific states’ voter registration rules are beyond the scope of this chart unless they are incorporated in state law specifically relating to the primary process, or in State GOP Constitutions, Bylaws and Rules. 103 The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 19 SMITH VALLIERE PLLC 104 Rules and Regulations of the Tennessee Republican Party, amended December 6, 2013 by vote of the State Executive Committee. 105 Tex. Elec. Code § ___. 106 Texas Republican Party General Rules for all Conventions and Meetings, as amended December 7, 2013. 107 Utah Code Ann § ___. 108 Utah Republican Party Constitution, 2013 Official Version. 109 Utah Republican Party Bylaws, 2013 Official Version. 110 17 V.S.A. § ___. 111 Rules of the Vermont State Republican Party, as posted on the Vermont Republican Party website as of January 21, 2015. 112 Va. Code Ann. § ___. 113 Republican Party of Virginia Plan of Organization, amended March 22, 2014. 114 Republican Party of Virginia Summary and Rules, adopted by the Republican Party of Virginia’s State Central Committee on July 16, 2011. 115 Republican State Committee of Washington Bylaws, as adopted on January 19, 2013. 116 Washington State Republican Party Election 2012 Caucus & Convention Manual. 117 W. Va. Code § ___. 118 The Republican Party of Wisconsin Constitution, as posted on Wisconsin Republican Party website as of January 21, 2015. 119 Wis. Stat § ___. 120 Bylaws of the Wyoming Republican Party, 2012. The information presented here has been prepared for general information purposes only. It does not constitute legal or other advice, is not to be acted on as such, may not be current, and is subject to change without notice. The information presented here is provided “as is” without representation or warranty of any kind including as to suitability, reliability, completeness, applicability, merchantability, fitness, noninfringement, result, or any other matter. Any representation or warranty that might be otherwise implied is expressly disclaimed. This information does not constitute an endorsement of any political party or candidate. Any user of any information herein assumes any and all risks associated with such use, and agrees to hold harmless Smith Valliere PLLC, its attorneys, staff, and affiliates in all respects. Your use of this information does not create an attorney-client relationship or other relationship between Smith Valliere PLLC (or any of its attorneys) and you. Page 20
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