the legal process for candidates for the republican presidential

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