Curbs on 2012 Frontloading, Sanctions and the GOP Proportionality Rule

As primary season draws to a close in Utah tomorrow and goes on hiatus until -- January most likely -- 2016, FHQ wanted to revisit some of what was witnessed during the 2012 cycle. I mentioned in my "Thoughts on 2016" post a few weeks ago that I had an email exchange -- at least a portion of it on my end -- that I wanted to share tying things up quite nicely. This builds something of a bridge between 2012 and 2016 on the possible sanctions in the future while also reviewing the impact the new Republican proportionality rule had both in curbing the frontloading trend.

What follows is my response to an annotated minutes of the bipartisan rules meeting I attended at Harvard in May.

On sanctions:

"I [FHQ] was on record ... as being for some form of coordinated sanctions across both parties for [timing] rules violators. Getting there presents a significant hurdle, though. The 100% penalty, while likely potentially effective, seems too draconian to me. The impression I got from the Republicans in the room ... was that the RNC is in a wait-and-see mode on all of this. If this is a sequential game, then, the next move is to see whether the convention in Tampa sticks with the penalties as described in the 2008 Rules of the Republican Party (amended August 2010). If those penalties are enforced, the game moves on to its 2016 iteration where we will have the ability to test the effectiveness of both the rule and its enforcement (50% penalty on all states in violation of the timing rules).  

"The trajectory of this may be a little slow in pace for some, but it is a prudent approach; one that is not overly reactionary. A party (or parties) cannot hope to make states tow the line on delegate selection rules if it does not first demonstrate that it will enforce said rules. 2016 would offer us the first cycle where both parties -- if both have open nomination processes -- would have demonstrated a willingness to stand up to the states and enforce the rules in the immediately prior, competitive cycle (2008 for the Democrats and 2012 for the Republicans). That seemingly is as close to a united front from both parties as we are going to get prior to 2020. Initially, I was somewhat discouraged by that, but after some contemplation on the plane home ... I was satisfied with a wait-and-see course of action. 

"Of course, if the Tampa convention is lax in some way on its enforcement of the rules, then, as I think was mentioned by several ... (perhaps not in these exact words), the process returns to the Wild Wild West; a situation in which one or both parties have essentially signaled to the states that the rules have no teeth. That scenario puts this group back to where it was immediately following the 2004 election." 

The main talking point from which this originated was the idea of a 100% penalty for states with primaries or caucuses timed in violation of the parties' rules. This was a nonstarter for the Republicans and was never something the Democrats viewed as being enforced in a convention setting; only as a means of affecting the within-season delegate count. The bottom line is that we will indeed have to wait and see if the RNC sticks with its 50% penalty in Tampa and whether that effectively prohibits states from moving to early dates outside of the window in which non-exempt states can hold contests in 2016.

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On proportionality:

"I would urge extreme caution in terms of describing the newly adopted proportionality requirement on the Republican side as a "significant antidote" to frontloading. We don't know that. [Correlation does not mean causation.] In fact, I would argue that the formation of the 2012 presidential primary calendar did not demonstrate that at all. [The Republicans in the May meeting] may be able to more adequately counter this, but I followed the state-level deliberations on primary/caucus scheduling, well, obsessively, and I can only think of a handful of examples where this particular rule was raised in the discussions. 

"1. In Texas in the early 2011 discussions about remedying overseas military voting issues (a matter that included a possible change of the March 6 primary date the Lone Star state then held), the Republican Party of Texas made clear in committee hearings that they were (again, not in these words) fearful of the impact the new proportionality rules would have on their delegation. Texas had a winner-take-all method of delegate allocation at that point. [The "fear" was unwarranted as the party had a conditional trigger embedded in the allocation rules that would have made the allocation proportional if no candidate had over 50% of the primary vote or winner-take-all if a candidate did receive that share of the vote or greater. Under those rules, Texas would have been compliant.]  

"2. In Georgia in the spring of 2011, the Republican Party seemed to signal that the inability to allocate delegates on a winner-take-all basis was an issue. Chairwoman Everhart indicated as much by favoring an April date for the primary right after the legislature granted Brian's office the ability to set the date of the primary. Now, as was mentioned a week ago, the thinking within the [state] party changed over time regarding proportional allocation

"That's it. In no other instances do I recall the new proportionality requirement being raised as a reason for a primary or caucus move on the state level. In fact, if we go back to what the calendar looked like in January 2011, there were seventeen or eighteen states that had to move from January or February dates -- then codified in state election law or party bylaws -- to become compliant with the altered delegate selection rules put in place by both national parties. These are the rules mandating a March or later date for all non-exempt (carve out) states. Of that group of states, all but five moved back. Of those five, two -- Minnesota and Colorado -- were compliant with February dates by virtue of not allocating any delegates (nor binding them) in the precinct caucuses. The remaining three were Arizona, Florida and Michigan. I can, in none of the states that moved back, think of any example where the proportionality requirement was mentioned as a motivating factor for the resultant move. The delegate penalty was seemingly enough of a deterrent. [Although, again, correlation is not causation, but the case is more compelling in this instance.] 

"As I mentioned in our discussion, Republican states tended to move back to March dates while Democratic states tended to move back to April, May or June dates. All of those March states altered their delegate allocation rules where applicable. And counterintuitively, two states -- Connecticut and New York -- actually moved back beyond April 1 and instituted slightly more proportional allocation methods than had been used in the past. Most states (in this case, state Republican parties) maintained the status quo in terms of their underlying method of delegate allocation. This seemed -- in comments on our side of the table -- a rather perplexing outcome: that states further back on the calendar would not adopt winner-take-all rules. [It should be noted that three of those [late] states -- Kentucky, North Carolina and Oregon -- all are required to allocate delegates proportionally according to state law. That is the reason in those instances.] 

"Does any of this mean that the proportionality rule failed or should be scrapped? No, it doesn't and I certainly don't want to rain on the parade of a rules-crafting effort that was well-thought out, not to mention well intentioned. All it means is that we have not had an adequate test of its impact. We need further study; further cycles with that rule in effect. This is especially true in light of the fact that there is no enforcement mechanism on states already in violation of the timing rules. [No secondary penalty for states like Florida that violate the timing rules and the proportionality rule.] But I was satisfied with the fix that [was] described with a convention stage mechanism embedded with the convention's committee on calls. 

"However, it is clear to me that the rule did not deter frontloading. No states were seriously looking to move forward in this cycle. In fact, only in New Mexico, North Carolina and Texas was legislation moving a primary forward ever proposed. None of the bills advanced any further than being referred to committee. Every other state that moved -- or proposed moving -- moved back, and that was for a confluence of reasons that did not overtly include the proportionality rule. I honestly don't think states and state parties understood the nature of the rules change. But I could be wrong in that assessment."  

This is the front end proportionality impact story, that along with the back end -- that the proportionality rule did not slow down the delegate race -- offers some interesting insight into how effective the rule was in 2012. The true impact is that states may not have understood the rule or the penalty associated with it completely. That opens the door to a more effective test of the proportionality rule during the 2016 cycle.

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Thoughts on 2016

2012 Republican Delegate Allocation: Texas

Excuses, excuses


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Thoughts on 2016

I know, right?

It's too early to be talking about 2016. It is, and FHQ will not bother you with any sort of speculation about the candidates likely to emerge or how the 2016 primary season may or may not play out. That is something we can all revisit in 2015. However, FHQ is willing to entertain discussions about what the rules governing primary season during the next cycle will look like.

The parties are doing this to varying degrees and it is relevant no matter what the appetite to discuss this among those who may be weary from 2012 with five months still to go before election day.

The RNC has already met in full and passed resolutions/recommendations concerning the 2016 rules for the full convention to consider in August. The Democratic Rules and Bylaws Committee will probably not meet until next year to begin the discussions on 2016, but there will likely be some discussion of the next cycle at the September convention in Charlotte. Also, some members on the rules making bodies from both parties assembled at the Harvard Institute of Politics to further discuss the ways in which the Democrats and Republicans can work together to bring a but more order to the process from the formation of the primary calendar all the way through to an ideal point(s) at which a nominee should be determined.

FHQ was privileged to have been invited to participate in what was more of a workshop than anything else. I've been sitting on this for a while but I wanted to share with everyone not only what I discussed in my presentation, but my impressions of what is likely on the horizon for the 2016 rules and some preliminary implications.

2012 Primary Calendar in Review
Much of what I talked about in Cambridge is not anything that should be unfamiliar to regular readers so I won't dwell on it too much.

• The presidential nomination process from the states' perspective has increasingly become one of learned behavior. As it is now, there are three types of states: 1) the carve-out states; 2) states that are willing to break the rules in order to go early; and 3) states that follow the rules.

• What separates the second tier of states from the other two certainly involves breaking the rules, but is also greatly dependent upon the flexibility those states have in terms of being able -- much less willing -- to break the rules on timing. Florida's Presidential Preference Primary Date Selection Committee can continue to in the future hold the calendar hostage until October 1. That was the value the shifting the decision-making authority from a state legislature that adjourns in May to a different entity that can wait until October 1. 

• The situation is similar in Arizona and Georgia (...even though the Peach state did not pull the trigger on a non-compliant primary date in 2012). In both cases, either the governor (Arizona) or secretary of state (Georgia) has the ability to set the primary date instead of a potentially divided and early-adjourning legislature. That flexibility provides these states with an advantage similar to what has allowed New Hampshire Secretary of State Bill Gardner protect the Granite state's first in the nation primary. 

• In Michigan, the legislature meets year round, and the primary is scheduled on a date -- the fourth Tuesday in February -- on which other primary contests are held. Institutionally then, the Michigan legislature does not face the same sort of constraints as other states' legislatures, and the state has a built-in excuse/reason for maintaining a non-compliant position.

• In keeping with the learned behavior theme, states have not only learned to build in flexibility, but are beginning to demand more space. New Hampshire and Iowa have state laws protecting their positions at the front of the line, but each also requires a certain amount of space between their contests and others. Iowa has allowed less than eight days between its caucuses and the New Hampshire primary for two straight cycles, but the history of New Hampshire maintaining the seven days after its primary and another "similar contest" is a long yarn indeed. It popped up in the showdown between New Hampshire and Nevada in 2011 and other similar instances are littered throughout the post-reform era. This is all well and good, but there are signs that this behavior is spreading to other states. South Carolina has now for two consecutive cycles set its primary ten days before of the rogue Florida primary -- the next earliest southern state. There has now been proposed legislation in South Carolina to codify at least a seven day window between the Palmetto state primary and any other southern contest. Given the state's penchant for Saturday primaries, if that bill is ever passed, South Carolina will likely continue to be ten days before (probably) Florida. FHQ won't go so far as to suggest that this will have any huge implications in 2016 or even further down the road, but it is a trend that is worth monitoring as 2016 approaches. 

• Of course, the space issue manifested itself in another notable way in 2012. States -- for various reasons -- took a step back from the "pile up on the earliest allowed date" approach that characterized the 2008 calendar. Those states that had to shift back the dates of their primaries and caucuses to comply with the 2012 delegate selection rules moved back in a fairly predictable pattern. Republican-controlled states moved back to occupy March dates while Democratic-controlled states tended to move into April or later slots. Those moves to April and later had partisan elements to them, but it was also a function of space. Those dates were typically less crowded than the first Tuesday in March ended up being. 

• That last group of states (#3 above) still represents the overwhelming majority of states. But as Florida -- and to a lesser extent, Arizona and Michigan -- once again demonstrated, it only takes one state to overturn the apple cart, thus messing up the two parties' carefully planned February starting point.  

• Florida going rogue again highlighted the fact that even with bipartisan coordination on the rules, that is not a sufficient barrier to states breaking the rules. As FHQ has said many times in this space, the next logical step is for the parties to devise a set of coordinate sanctions and stick to them. That allows the parties to present a united front against the states. The only problem is that there is no consensus as to what those sanctions -- coordinated or otherwise -- should be. This proved to be true of the meeting in Cambridge.

Impressions on the Harvard Meeting about the 2016 Rules

• There is nothing that makes this 2016 discussion more relevant now than the fact that the Republican rules will be set at the Tampa convention. When I asked one RNC member what the odds were of there being anything like the Temporary Delegate Selection Committee to examine the rules in between conventions, the odds of it were placed a 0%. Tampa is it, folks.

• Don't expect big changes to the Republican rules (...and by extension the Democratic Party rules). 

• Interestingly, it came up that it was possible for a state under the Republican rules to schedule a primary or (binding) caucus for the March 1-5 window and not be penalized. The rules (Rule 15.b.1) prohibited states from holding a contest prior to the first Tuesday in March, but the penalties (Rule 16.a) only kicked in if a state held a contest "...before the first day of the month in which that state is authorized by Rule No. 15(b) to vote for a presidential candidate...". The RNC dodged a bullet on that one. [But I think this underlines just how much states and state actors actually look at the rules when setting dates; particularly state legislatures.]

• There is a fix in the works for the Florida problem. No, I don't mean cracking down on the Sunshine state propensity for jumping in line. Instead the RNC is moving to put in place a procedural fix for states that attempt in the future to repeat what Florida and Arizona did in 2012: not only jumping into non-compliance on timing, but also maintaining a winner-take-all method of delegate allocation in the proportionality window. Again, let me emphasize that the proposed fix is a procedural one as opposed to an additional penalty. The RNC obviously gives the states the ability to set their own rules, but if the states do not comply, the newly proposed rule would give the RNC the ability to seat a delegation from the state in violation that is proportional in a method the RNC chooses, not the state. This is something that the convention will have to pass in August though. It is not a reality yet.

•  This obviously raises another related issue that came up in the Harvard meeting (...though not in this context). The Democratic rules members in attendance made the case for why "caving" and allowing full delegations from penalized states to ultimately be seated at the convention. In their interpretation there is a difference states losing clout in the delegate count in the midst of a primary race and states losing delegates at the convention. That is potentially a slippery slope that invites states that don't mind the delegate hit to schedule primaries against the rules. But, as the rationale goes, if states are willing to take the reduced impact, then more power to them. 

• Part of what helped the Democrats bring that home in 2008 -- when it last mattered -- was the additional rule that sanctioned candidates for campaigning in rogue states. FHQ has harped on this rule in the past (and that's putting it mildly). That penalty was effective in greatly reducing the direct, during-primary-season impact on the 2008 Democratic nomination race. I have pointed to that rule as a pillar of any potential coordinated sanction regime that the parties may employ. I left the meeting at Harvard feeling less sure about the future of that rule. It was a candidate agreement more than anything else; one that will not necessarily translate to the next competitive Democratic nomination contest. The "enforcement" in 2008 was still almost entirely up to the candidates. And often these pledges are spearheaded by the earliest states -- Iowa and New Hampshire -- to protect their positions. Of course, the 2012 Democratic Party delegate selection rules (Rule 20.C.1.b) do not specify what the penalty for violating the campaigning prohibition, only that the Rules and Bylaws Committee has the ability to determine whether certain actions -- presumably beyond the laundry list of activities already specified -- constitute campaigning. It is up the the states and candidates.

• The RNC members in attendance thought that the new proportionality rule played a role in reducing frontloading and slowing the Republican process down. I disagreed (...and will post an edited email response to that claim in a subsequent post). 

• Much of how states react to the Republican rules in 2016 will depend on what happens at the Tampa convention. There was a palpable fear in the room among the Republicans as to what would happen in 2016 if the delegate penalties are not enforced at the convention this summer. In a phrase it would mean a calendar formation out of the wild wild west. [Yes, even more so than now, though that could be mitigated to some extent by the flexibility disparity between states described above.]

• What you see in 2012, then, is what you are likely to get in 2016 in terms of delegate selection rules. 

Implications

If the rules stay the same, what does that mean? Well, the most concrete response is that there will be calendar chaos again. Assuming Missouri moves its primary back into compliance and some of the non-binding caucus states don't get in the way, the best the calendar is likely to look in 2016 given the likelihood of significant rules changes or increased penalties is this:

• January 11 or 18: Iowa
• January 19 or 26: New Hampshire
• January 30 or February 2: Nevada
• February 6: South Carolina
• February 16: Florida
• February 23: Arizona, Michigan

This assumes that there are no other conflicts like the Arizona governor moving the date of the primary in the Grand Canyon state up or Utah funding its presidential primary scheduled for the first Tuesday in February or Colorado or Minnesota opting for caucus options on the first Tuesday in February or...

...pretty much anything else.

There is a lot of potential drama that could mess even this calendar up. And mind you, this calendar is not rules-compliant. But with Arizona and Michigan already penciled in for the date those contests are scheduled (according to state law), the above is the likely outcome.

The reason Iowa, New Hampshire and Nevada have contingency dates is based on where Nevada ends up. If the Nevada parties adopt a Tuesday caucus date, they could go just four days ahead of South Carolina -- instead of a week earlier on the preceding and customary Saturday -- and allowing a week cushion for New Hampshire. But again, this is the best case scenario for the 2016 calendar. It is two weeks better than either 2008 or 2012, but does not account for what other states might do to crash the party at the front of the line.

I have feeling I'm going to be linking back to this a lot in the future. Say, 2015 or so.

Recent Posts:
2012 Republican Delegate Allocation: Texas

Excuses, excuses

2012 Republican Delegate Allocation: Kentucky


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2012 Republican Delegate Allocation: Texas

This is the fortieth in a multipart series of posts that will examine the Republican delegate allocation by state.¹ The main goal of this exercise is to assess the rules for 2012 -- especially relative to 2008 -- in order to gauge the impact the changes to the rules along the winner-take-all/proportionality spectrum may have on the race for the Republican nomination. As FHQ has argued in the past, this has often been cast as a black and white change. That the RNC has winner-take-all rules and the Democrats have proportional rules. Beyond that, the changes have been wrongly interpreted in a great many cases as having made a 180º change from straight winner-take-all to straight proportional rules in all pre-April 1 primary and caucus states. That is not the case. 

The new requirement has been adopted in a number of different ways across the states. Some have moved to a conditional system where winner-take-all allocation is dependent upon one candidate receiving 50% or more of the vote and others have responded by making just the usually small sliver of a state's delegate apportionment from the national party -- at-large delegates -- proportional as mandated by the party. Those are just two examples. There are other variations in between that also allow state parties to comply with the rules. FHQ has long argued that the effect of this change would be to lengthen the process. However, the extent of the changes from four years ago is not as great as has been interpreted and points to the spacing of the 2012 primary calendar -- and how that interacts with the ongoing campaign -- being a much larger factor in the accumulation of delegates (Again, especially relative to the 2008 calendar).

For links to the other states' plans see the Republican Delegate Selection Plans by State section in the left sidebar under the calendar.

TEXAS

These weeks where FHQ says something to the effect of "It's a shame the Republican presidential nomination race wasn't competitive for [insert state here] so we can all see how the allocation rules work," seem like a waste. [And that doesn't even mention the fact that we continue to pump these rules primers out. Talk about a waste!] The Republican Party of Texas is utilizing a proportional method of allocation in 2012 -- a change from the past -- but they take the long way of getting there. The kicker is that the change was never really necessary in the first place -- whether Texas had held its primary on March 6, April 3 or May 29. In years past, the Texas GOP allocated delegates on a winner-take-all basis statewide and by congressional district. However, if no candidate received a majority of the vote either statewide or on the congressional district level, the allocation was proportional.

That was kosher under the newly amended RNC delegate selection rules. That method of allocation met the proportionality requirements for states with contests prior to April 1. Yet, RPT altered its rules -- creating a proportional allocation under any circumstance -- in the fall of 2011 in preparation for what was at that point a March 6 primary.

So how is the Texas proportional allocation different?

Texas delegate breakdown:

• 155 total delegates
• 44 at-large delegates
• 108 congressional delegates
• 3 automatic delegates

At-large allocation:
Congressional district allocation:
As Rule 38, Section 8 of the Republican Party of Texas rules describes, delegates are allocated to candidates in proportion to that candidate's share of the statewide vote.² There is no threshold for receiving delegates. However, there is a threshold to receiving the assignment of particular delegates. If a candidate does not receive 20% of the vote statewide, then that candidate is not eligible for congressional district delegates unless he or she receives at least 20% of the vote in any given congressional district. All that really means is that a candidate under 20% statewide and 20% in all congressional districts will gain statewide, at-large delegates to "fill out" their allotment of delegates. Meanwhile, candidates, say Mitt Romney, well over 20% both statewide and on the congressional district will gather the assignment of the most delegates from the congressional district level as a means of completing the full allocation based on the overall statewide vote while the candidates further back will be assigned at-large delegates.

Election of these delegates will take place at the state convention on June 7-9.

Automatic delegate allocation:
The three Texas automatic delegates are free to pledge themselves to a candidate of their choosing. The national committee positions are elected to four years terms at one of the state conventions held every two even-numbered years. Those positions are term-limited after two consecutive terms. That means that committeeman and RNC legal counsel Bill Crocker -- serving since 2004 -- will be replaced in his role as committeeman at the state convention. Committeewoman Borah Van Dormolen was elected in a runoff in 2009 and is still in her first term. The party chairperson is elected every two years and can serve no more than four consecutive terms. Current chair, Steve Munisteri, was first elected to the post in 2010. He will be up for reelection at the state convention but will not be term limited.

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¹ FHQ would say 50 part, but that doesn't count the territories and Washington, DC.

² Republican Party of Texas Rules (2011):2011 Republican Party Rules

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Excuses, excuses

2012 Republican Delegate Allocation: Kentucky

2012 Republican Delegate Allocation: Oregon


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Excuses, excuses

In case you haven't noticed, the output here at FHQ has been, well, paltry of late. A confluence of factors including the end of the semester, family stuff and a trip last week to Boston all conspired to slow things down in May to a level not witnessed around these parts since 2010. Anyway, the break offers an opportunity to take a step back and hit the reset button moving forward.

About the only thing that I have tried to keep on top of is the state-by-state look at delegate allocation rules. That will continue for the upcoming states and until Utah brings up the rear on June 26. I even have a couple of draft posts that were never completed for a handful of Super Tuesday contests. I'll finish those up and post them for the sake of posterity. We may or may not need to consult them again in 2016.

Additionally, there a quite a number of loose ends on the 2012 primary season that I'd like to tie up. The reason I was up in Boston a week ago was to participate in an informal workshop with some of the principals from the rules making bodies in both parties. The intention there was to look back on 2012 with an eye toward 2016. As I was putting my thoughts together for that gathering it became quite clear that there is a continued need for examining the impact of the rules changes for 2012. I have a few (a lot of?) thoughts on the both the meeting and on primary season 2012 generally. Look for both in the coming days.

Finally, FHQ has been chipping away at the assembly of our quadrennial electoral college model. Expect to see that too in the coming days.

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Yeah, yeah. I need to update the delegate count, too. I know.


Recent Posts:
2012 Republican Delegate Allocation: Kentucky

2012 Republican Delegate Allocation: Oregon

2012 Republican Delegate Allocation: Nebraska


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2012 Republican Delegate Allocation: Kentucky

This is the thirty-ninth in a multipart series of posts that will examine the Republican delegate allocation by state.¹ The main goal of this exercise is to assess the rules for 2012 -- especially relative to 2008 -- in order to gauge the impact the changes to the rules along the winner-take-all/proportionality spectrum may have on the race for the Republican nomination. As FHQ has argued in the past, this has often been cast as a black and white change. That the RNC has winner-take-all rules and the Democrats have proportional rules. Beyond that, the changes have been wrongly interpreted in a great many cases as having made a 180º change from straight winner-take-all to straight proportional rules in all pre-April 1 primary and caucus states. That is not the case. 

The new requirement has been adopted in a number of different ways across the states. Some have moved to a conditional system where winner-take-all allocation is dependent upon one candidate receiving 50% or more of the vote and others have responded by making just the usually small sliver of a state's delegate apportionment from the national party -- at-large delegates -- proportional as mandated by the party. Those are just two examples. There are other variations in between that also allow state parties to comply with the rules. FHQ has long argued that the effect of this change would be to lengthen the process. However, the extent of the changes from four years ago is not as great as has been interpreted and points to the spacing of the 2012 primary calendar -- and how that interacts with the ongoing campaign -- being a much larger factor in the accumulation of delegates (Again, especially relative to the 2008 calendar).

For links to the other states' plans see the Republican Delegate Selection Plans by State section in the left sidebar under the calendar.


KENTUCKY

Yes, much of the air has been let out of the balloon in the Republican presidential race for delegates. And even though everyone is kind of, but not really, waiting on Mitt Romney to inevitably pass the 1144 delegate threshold, there is actually some underlying intrigue to the way in which some of the remaining states are allocating national convention delegates. Kentucky is one of those states.

...but only just barely.

The last two weeks have witnessed contests a couple of states with proportional allocation rules -- something mandated by state election law in both North Carolina and Oregon. Kentucky follows suit with one exception: Election law in the Bluegrass state requires that candidates must receive at least 15% of the vote in the presidential preference primary to be allocated any of the delegates apportioned to Kentucky.² Neither North Carolina nor Oregon had similar minimum thresholds for delegates.

And lest you say this is of little consequence, well, you are probably right. However, if any candidate or the uncommitted line on the ballot should clear that 15% threshold in the Kentucky presidential preference primary, things could get somewhat interesting. You know, interesting in a more than likely less than suspenseful way. If said candidate has already withdrawn those delegate slots become uncommitted according to state law.³ Of course, no candidate has "withdrawn" as it is defined or under the terms defined in the KRS 118.641(2) -- in writing to the chairman of the Kentucky delegation.

Now, that isn't all. The delegates and alternates to the convention, then, upon call of a meeting by the chairman of the Kentucky delegate, vote to determine the allocation of delegates; not the uncommitted delegates, all of the delegates.⁴ That vote determines the proportional binding of delegates on the first convention ballot called for by state law.

This would mean a lot more if, say, Ron Paul got to 15% of the vote in the primary to qualify for delegates. Without that, the above is moot with only Romney over the 15% threshold. However, if Paul or another -- particularly a withdrawn -- candidate received a share of the vote over the threshold, it could trigger a vote by the delegates at the convention to determine the binding on the first ballot.

There is the potential for mischief on the binding until you realize that the state party's Nominating Committee is the one that actually nominates slates of delegates to be voted on/selected at district and state conventions. That committee does not have complete control but continues to nominate slates until one is agreed to by either the state convention or district conventions. There are party rule mechanisms in place in some states to give the state party more control -- not less -- over the actual delegate selection (not the binding) that others do not have (see a variety of non-binding caucus states and the Paul campaign delegate strategy for examples).

Kentucky delegate breakdown:

• 45 total delegates
• 24 at-large delegates
• 18 congressional district delegates
• 3 automatic delegates

At-large and congressional district allocation:
Quite simply, candidates over 15% of the primary vote receive a proportionate share of the delegates. If Romney is the only one over 15%, the former Massachusetts governor would be allocated all 42 of the non-automatic delegates.

Automatic delegate allocation:
Similar to the type of autonomy the Republican Party of Kentucky has over the nomination of delegate slates, the Republican State Central Committee is the body that elects the party chairperson, the national committeeman and national committeewoman. The Executive Committee of the state party puts forth a slate of candidates including those offices or the RSCC to vote on (see RPK rule 2.04(j)). The election of the two national committee members and the party chair is not a duty of the delegates to the state convention. There will not, then, likely be turnover in any of these positions in 2012. None of the automatic delegates from Kentucky has publicly endorsed any of the candidates for the Republican nomination.

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¹ FHQ would say 50 part, but that doesn't count the territories and Washington, DC.

² Kentucky Revised statute, 118.641(1)(a):
The candidates receiving the highest number of votes, provided each candidate receives at least fifteen percent (15%) of the total vote cast by his political party, shall be awarded a pro rata portion of the authorized delegate vote of his political party.

³ Kentucky Revised statute, 118.641(2):
Each political party shall, on the first ballot at its national convention, cast this Commonwealth's vote for the candidates as determined by the primary or party caucus and calculated under this section or under party rules, whichever is applicable.  Provided, however, that in the event of the death or withdrawal of a candidate receiving votes under this section prior to the tabulation of the first ballot, any delegate votes allocated to such candidate shall be considered uncommitted. Withdrawal shall mean notice in writing by the candidate to the chairman of the Kentucky delegation prior to the first ballot.

⁴ Republican Party of Kentucky rule, 8.04:
8.04. National Convention Delegates:  With regard to the allocation of delegate votes of the Kentucky Republican Party at the Republican National Convention pursuant to the Kentucky Presidential Preference Primary Statutes, the method of allocation set forth in KRS 118.641(1)(a) shall be the method used by the Kentucky Republican Party.  In the event that a candidate dies or withdraws and the delegate votes allocated to such candidate become uncommitted pursuant to KRS 118.641(2), the Chairman of the delegation shall call a meeting of the delegates and alternate delegates at the convention by giving notice to each delegate and alternate delegate of the time and place of the said meeting.  At the meeting the delegates (or alternate delegates who replace any delegates who fail to attend) in attendance shall vote by secret ballot for any candidate for the Republican nomination for President each may choose.  The number of votes cast for the various candidates shall be converted to a percentage of the total votes cast by the delegates at said meeting, and the delegate votes which have become uncommitted as provided above shall be allocated to the candidates in accordance with their said respective percentages, and these said delegate votes shall be cast on the first ballot in such proportion for the said candidates.  All fractions shall be rounded to the nearest whole number.

Recent Posts:
2012 Republican Delegate Allocation: Oregon

2012 Republican Delegate Allocation: Nebraska

2012 Republican Delegate Allocation: West Virginia


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2012 Republican Delegate Allocation: Oregon

This is the thirty-eighth in a multipart series of posts that will examine the Republican delegate allocation by state.¹ The main goal of this exercise is to assess the rules for 2012 -- especially relative to 2008 -- in order to gauge the impact the changes to the rules along the winner-take-all/proportionality spectrum may have on the race for the Republican nomination. As FHQ has argued in the past, this has often been cast as a black and white change. That the RNC has winner-take-all rules and the Democrats have proportional rules. Beyond that, the changes have been wrongly interpreted in a great many cases as having made a 180º change from straight winner-take-all to straight proportional rules in all pre-April 1 primary and caucus states. That is not the case. 

The new requirement has been adopted in a number of different ways across the states. Some have moved to a conditional system where winner-take-all allocation is dependent upon one candidate receiving 50% or more of the vote and others have responded by making just the usually small sliver of a state's delegate apportionment from the national party -- at-large delegates -- proportional as mandated by the party. Those are just two examples. There are other variations in between that also allow state parties to comply with the rules. FHQ has long argued that the effect of this change would be to lengthen the process. However, the extent of the changes from four years ago is not as great as has been interpreted and points to the spacing of the 2012 primary calendar -- and how that interacts with the ongoing campaign -- being a much larger factor in the accumulation of delegates (Again, especially relative to the 2008 calendar).

For links to the other states' plans see the Republican Delegate Selection Plans by State section in the left sidebar under the calendar.


OREGON

The Oregon Republican Party method of delegate selection is similar to the method used last week in North Carolina. The main differences are that there are fewer delegates overall and that the automatic delegates are unbound as they are in most other states. Other than that, however, Oregon and North Carolina are just alike: proportional allocation of delegates but without a vote threshold for receiving delegates. The only threshold is the vote share required to round up to one delegate. Given Oregon's apportionment of delegates that mark is just over 2% of the vote. None of the candidates on the ballot last week in North Carolina flirted with that level of support and it should not be an issue for Romney, Santorum, Gingrich or Paul in Oregon either.

Oregon delegate breakdown:

• 28 total delegates
• 10 at-large delegates
• 15 congressional district delegates
• 3 automatic delegates

At-large and congressional district allocation:
All 25 non-automatic delegates are allocated proportionally based on the vote in the Oregon presidential preference primary. Those delegates are pledged to the various candidates until they are released by the candidate, fail to receive 35% of the vote on any national convention ballot or barring the either of the first two release mechanisms, after two ballots at the convention (OR Revised Statutes, 248.315; Oregon Republican Party Bylaws, Article XVII, Section B).² If a delegate refuses to uphold the pledge, the delegation chairperson will report to the floor the vote total that is in accordance with the results of the primary (ORP Bylaws, Article XVII, Section B). That will occur until one of the release mechanisms has been triggered.

Automatic delegate allocation:
The national committeewoman and national committeeman are selected in presidential election years by the Oregon Republican Party state central committee (Article XIII, Section B). The same is true of the party chairman (Article VII, Section C). Each of the three automatic delegates are free to choose a candidate of their preference. Thus far one Oregon automatic delegate has already endorsed Mitt Romney.

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¹ FHQ would say 50 part, but that doesn't count the territories and Washington, DC.

² Oregon Republican Party bylaws (adopted 2/14/12):
Oregon Republican Party Bylaws

Recent Posts:
2012 Republican Delegate Allocation: Nebraska

2012 Republican Delegate Allocation: West Virginia

2012 Republican Delegate Allocation: North Carolina


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2012 Republican Delegate Allocation: Nebraska

This is the thirty-seventh in a multipart series of posts that will examine the Republican delegate allocation by state.¹ The main goal of this exercise is to assess the rules for 2012 -- especially relative to 2008 -- in order to gauge the impact the changes to the rules along the winner-take-all/proportionality spectrum may have on the race for the Republican nomination. As FHQ has argued in the past, this has often been cast as a black and white change. That the RNC has winner-take-all rules and the Democrats have proportional rules. Beyond that, the changes have been wrongly interpreted in a great many cases as having made a 180º change from straight winner-take-all to straight proportional rules in all pre-April 1 primary and caucus states. That is not the case. 

The new requirement has been adopted in a number of different ways across the states. Some have moved to a conditional system where winner-take-all allocation is dependent upon one candidate receiving 50% or more of the vote and others have responded by making just the usually small sliver of a state's delegate apportionment from the national party -- at-large delegates -- proportional as mandated by the party. Those are just two examples. There are other variations in between that also allow state parties to comply with the rules. FHQ has long argued that the effect of this change would be to lengthen the process. However, the extent of the changes from four years ago is not as great as has been interpreted and points to the spacing of the 2012 primary calendar -- and how that interacts with the ongoing campaign -- being a much larger factor in the accumulation of delegates (Again, especially relative to the 2008 calendar).

For links to the other states' plans see the Republican Delegate Selection Plans by State section in the left sidebar under the calendar.


NEBRASKA

As if it wasn't bad enough that the Nebraska presidential primary is non-binding, now everyone other than Mitt Romney has stopped contesting the nomination in the remaining primary and caucus states yet to have voted. That makes the primary in the Cornhusker state even less consequential. It has been a while since the presidential nomination campaign saw its last non-binding contest with delegates not also directly on the same ballot. One has to go back to the North Dakota caucuses on Super Tuesday for the last non-binding contest. And typically that is the mark of the caucus state: an early start allows for the caucus/convention process to have culminated with national convention delegate selection in a timely enough manner prior to the start of the national convention. Nebraska is atypical in that regard. The process there begins with a May beauty contest presidential preference primary that has no role in the selection of delegates, continues with early June (June 1-10) county conventions where delegates are chosen to attend the July 14 state convention. It is from the pool of county convention delegates at the state convention that the at-large and congressional district delegates are chosen to go to, in this case, Tampa.

In other words, there is a reason that most are following the Nebraska senate nomination races as opposed to the presidential primary. Well, actually there are few reasons.

Nebraska delegate breakdown:

• 35 total delegates
• 23 at-large delegates
• 9 congressional district delegates
• 3 automatic delegates

At-large allocation:
Again, don't look to the primary as to how the delegates in Nebraska will be allocated. The state convention is where all the delegate action will happen. In terms of the at-large delegates, Article VII, Section 3.b,d of the Nebraska Republican Party constitution covers the selection of at-large delegates.² Delegate candidates file with the party no more than ten business days following the primary and are selected at the state convention. State law binds delegate candidates to the presidential candidate to whom they are aligned as indicated on the filing form. [Filing as an uncommitted delegate candidate is also an option.] This is a soft binding mechanism as delegates selected to attend the national convention are to use their "best efforts" to support the candidate to whom they have pledged. "Best efforts" is undefined in the statute and there is no specified penalty for not observing the intent of the pledge on the filing form.

Congressional district allocation:
Nebraska state law calls for district conventions to be held for the purposes of selecting congressional district delegates -- among other business -- "immediately after the adjournment of the state postprimary convention". That will take place on July 14. Article VII, Section 3.c further defines the procedure, calling for the district delegate candidates, like the at-large candidates, to file no later than 10 business days after May primary.

Automatic delegate allocation:
Though the national committeeman and committeewoman are elected at the state convention in presidential years (Article IV, Section 1), neither assumes office until after the national convention in the same year. Nebraska Republican Party state chairmen are elected in odd years (Article IX, Section 4). All three automatic delegates from Nebraska are in place then and will not change hands prior to the Tampa convention. All three are unbound and free to endorse or vote for any Republican presidential nomination candidate of their preference.

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¹ FHQ would say 50 part, but that doesn't count the territories and Washington, DC.

² Relevant sections of the Nebraska Republican Party constitution related to delegate selection:
Article IV
Representatives on Republican National Committee
Section 1.  In each year when a President of the United States is to be elected, the State Convention shall elect a National Committeeman and a National Committeewoman to take office at the close of the succeeding National Convention.  The State Chairman shall certify the names of the National Committeeman and National Committeewoman so elected to the National Committee.


Article VII
Post-Primary Conventions
Section 3. National Convention Delegates
(a)  In each Presidential election year, delegates and alternates to the Republican National Convention shall be elected in the manner specified in this Section 3, as authorized by the Rules of the National Convention.


(b)  All National Convention delegates designated by the Rules of the National Convention as at-large delegates shall be elected at-large by the State Convention.  All National Convention alternate delegates designated as at-large alternates shall be elected at-large by the State Convention following the election of at-large National Convention delegates.


(c)  All National Convention delegates and alternates designated by the Rules of the National Convention as district delegates or district alternates, respectively, shall be elected by the caucus of delegates of that U.S. House of Representatives district at the State Convention in accordance with the Congressional district boundaries delineated under Nebraska State law.  Candidates for National Convention District delegate and District alternate delegate shall file for election in person or by mailing a notice of intent to the State Headquarters postmarked no later than the 10th business day after the state primary election.  Only persons elected and credentialed as delegates or alternates to the State Convention shall be qualified to be elected at the State Convention as District National Convention delegates or alternates. 


(d)  At-large candidates for National Convention delegate and alternate delegate shall file for election in person or by mailing a notice of intent to the State Headquarters postmarked no later than the 10th business day after the state primary election.  Only persons elected and credentialed as delegates or alternates to the State Convention shall be qualified to be elected at the State Convention as at-large National Convention delegates or alternates. 


(e)   All candidates for delegate and alternate at the State Convention shall designate the presidential candidate to whom they are committed or state that they are uncommitted, and shall be bound by such commitment if elected, all in accordance with Nebraska State Law.  Delegate and alternate candidates shall indicate their commitments by mailing a notice to State Headquarters, postmarked no later than five business days prior to the date registration for the State Convention commences.


Article IX
State Party Administration
Section 4.  ELECTION AND TERMS OF OFFICE.  The Chairman and Treasurer shall be elected by the State Central Committee at a meeting held no later than May 1 of each odd-numbered year.  The Vice Chairman, the Assistant Chairmen, the Secretary, the General Counsel and the Finance Chairman shall be appointed by the State Chairman with the approval of the Executive Committee as soon as practicable after the election of the State Chairman and shall take office immediately, subject to the approval of their appointments by the State Central Committee at its next meeting.  The term of office of the State Officers and members of the State Central Committee shall be approximately two years.  They shall serve until their successors have been elected.

Recent Posts:
2012 Republican Delegate Allocation: West Virginia

2012 Republican Delegate Allocation: North Carolina

2012 Republican Delegate Allocation: Indiana


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2012 Republican Delegate Allocation: West Virginia

This is the thirty-sixth in a multipart series of posts that will examine the Republican delegate allocation by state.¹ The main goal of this exercise is to assess the rules for 2012 -- especially relative to 2008 -- in order to gauge the impact the changes to the rules along the winner-take-all/proportionality spectrum may have on the race for the Republican nomination. As FHQ has argued in the past, this has often been cast as a black and white change. That the RNC has winner-take-all rules and the Democrats have proportional rules. Beyond that, the changes have been wrongly interpreted in a great many cases as having made a 180º change from straight winner-take-all to straight proportional rules in all pre-April 1 primary and caucus states. That is not the case. 

The new requirement has been adopted in a number of different ways across the states. Some have moved to a conditional system where winner-take-all allocation is dependent upon one candidate receiving 50% or more of the vote and others have responded by making just the usually small sliver of a state's delegate apportionment from the national party -- at-large delegates -- proportional as mandated by the party. Those are just two examples. There are other variations in between that also allow state parties to comply with the rules. FHQ has long argued that the effect of this change would be to lengthen the process. However, the extent of the changes from four years ago is not as great as has been interpreted and points to the spacing of the 2012 primary calendar -- and how that interacts with the ongoing campaign -- being a much larger factor in the accumulation of delegates (Again, especially relative to the 2008 calendar).

For links to the other states' plans see the Republican Delegate Selection Plans by State section in the left sidebar under the calendar.


WEST VIRGINIA

The story with West Virginia Republican delegate allocation is simple: see Illinois. Well, as FHQ hopes our readers will understand, it is never really as simple as that. Yes, in terms the allocation of congressional district delegates in the Mountain state, the plan is exactly like the method used in Illinois: a loophole primary. Primary voters cast ballots for congressional district delegates directly. And as was the case in Illinois -- unlike Pennsylvania -- those delegates' candidate affiliations are listed with the delegate candidates on the ballot. The twist in West Virginia is that, unlike Illinois, at-large delegates are also directly elected on the primary ballot.² With the exception of the automatic delegates, then, all of the delegates who will attend the Republican National Convention in Tampa will be selected in the primary election.

West Virginia delegate breakdown:

• 31 total delegates
• 19 at-large delegates
• 9 congressional district delegates 
• 3 automatic delegates

As FHQ has described in the past, loophole primaries -- even in instances when the delegates' candidate affiliations are listed on the ballot -- tend to favor the front-running and/or establishment candidate. That candidate is typically the one who is the most successful in enlisting the help of known political quantities in a state as delegates. And while that may be true in 2012 as well, this cycle and the candidate filings in West Virginia offer an interesting mathematical possibility. Now, to be sure, Mitt Romney did quite well in Pennsylvania by virtue of having locked in Pennsylvania Republican Party activists to delegate slots. As I said before Pennsylvania, Romney voters did not necessarily have cues other than name recognition that online-organized Paul voters had: a list of Paul-aligned delegates. That offered an interesting test case of name recognition versus organization and name recognition won over a small faction of organized Paul voters.

Similarly, there is an open door to Paul voters in Pennsylvania neighbor, West Virginia, as well. Romney will very likely have name recognition on his side in the Mountain state primary -- His name will be listed next to his delegates. -- but will more and potentially less disciplined Romney voters lose out mathematically to fewer Paul voters. Let me explain. The Romney campaign overfiled delegates in West Virginia. Instead of 19 at-large delegates, the Romney campaign filed 24. Instead of three delegates in each of the congressional districts, the Romney campaign filed at least seven. By contrast, the Paul campaign filed the bare minimum number of delegates in the state: three in each of the three congressional districts and 19 at-large delegates. All told, that means that Romney's likely greater number of total votes statewide and in each of the congressional districts will be split among a greater number of delegate slots. Voters are selecting delegates individually, not as candidate slates. That means that Romney voters may split their vote because the Romney campaign overfiled.

Paul voters, on the other hand, will not be diluting their voting power. If Ron Paul voters are voting for all of Paul's delegates and not for some of the uncommitted slots, then all of those Paul votes will go to all of Paul's delegates. They won't be split like the Romney vote.

The big question watching the West Virginia returns is whether there is enough of a split among Romney votes to allow Paul delegates to make up the likely differential between the two candidates statewide? We shall see.

[Hat tip to the anonymous commenters who asked about delegate vote dilution in the Question Time comments.]

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¹ FHQ would say 50 part, but that doesn't count the territories and Washington, DC.

² The at-large delegate slots in Illinois are chosen at the state convention.


Recent Posts:
2012 Republican Delegate Allocation: North Carolina

2012 Republican Delegate Allocation: Indiana

Delegate Selection is Never Easy in Nevada


Are you following FHQ on Twitter, Google+ and Facebook? Click on the links to join in.

2012 Republican Delegate Allocation: North Carolina

This is the thirty-fifth in a multipart series of posts that will examine the Republican delegate allocation by state.¹ The main goal of this exercise is to assess the rules for 2012 -- especially relative to 2008 -- in order to gauge the impact the changes to the rules along the winner-take-all/proportionality spectrum may have on the race for the Republican nomination. As FHQ has argued in the past, this has often been cast as a black and white change. That the RNC has winner-take-all rules and the Democrats have proportional rules. Beyond that, the changes have been wrongly interpreted in a great many cases as having made a 180º change from straight winner-take-all to straight proportional rules in all pre-April 1 primary and caucus states. That is not the case. 

The new requirement has been adopted in a number of different ways across the states. Some have moved to a conditional system where winner-take-all allocation is dependent upon one candidate receiving 50% or more of the vote and others have responded by making just the usually small sliver of a state's delegate apportionment from the national party -- at-large delegates -- proportional as mandated by the party. Those are just two examples. There are other variations in between that also allow state parties to comply with the rules. FHQ has long argued that the effect of this change would be to lengthen the process. However, the extent of the changes from four years ago is not as great as has been interpreted and points to the spacing of the 2012 primary calendar -- and how that interacts with the ongoing campaign -- being a much larger factor in the accumulation of delegates (Again, especially relative to the 2008 calendar).

For links to the other states' plans see the Republican Delegate Selection Plans by State section in the left sidebar under the calendar.



NORTH CAROLINA

North Carolina delegate allocation is mostly uniform across both political parties. That is attributable to the fact that the matter is covered by the general statutes in the Tarheel state as opposed to being dictated by state party rules as in a great many other states. What that means is that there is little suspense as to how the 55 Republican delegates will be allocated to particular candidates. Little suspense. Let's look at the delegate breakdown and FHQ will explain what we mean by that.

North Carolina delegate breakdown:

• 55 total delegates
• 13 at-large delegates
• 39 congressional district delegates
• 3 automatic delegates

As I said above, the North Carolina general statutes cover the method of allocation. Delegates will be allocated proportionally based on the vote in the presidential preference primary election. If Romney receives 60% of the vote, the former Massachusetts governor would be allocated approximately 60% of the delegate slots.² The question is: How many of those delegates will be proportionally allocated? The December RNC counsel memo indicated that the 52 non-automatic delegate slots are applicable -- bound -- but that the three automatic delegates remain unbound. However, the language of the North Carolina Republican Party rules leaves some doubt as to whether, in fact, that conclusion is accurate.³

Most of that doubt is a function of this line in the state party rules:

In order to comply with the rules of the National Republican Party and with the North Carolina General Statutes, specifically Section 163-213.8, immediately following the Presidential Preference Primary, the State Chairman, after consultation with the North Carolina Chairman for each Candidate receiving votes in the primary, shall allocate Delegate positions between the Candidates accurately reflecting the division of votes in the statewide primary, thereby requiring the election of the 3 Delegates and 3 Alternates 28 at the District Convention and the remaining Delegates at the State Convention, in such allocated numbers as to accurately reflect the results of the statewide primary

The use of the word remaining is similar to instances where state party rules in both Maryland and Wisconsin included the automatic delegates in the winner-take-all allocation in those states. In the North Carolina case, though, there is an out in the statute (Chapter 163, Section 213.8) that allows national party rules to take precedent over the statute should there be a conflict between the two. Yet, there does not appear to be a conflict here as the RNC rules leave the binding of delegates up to the state party, and the North Carolina Republican Party does not expressly indicate a specific binding mechanism for automatic delegates. Actually the NCGOP rules do not indicate that those three delegates are unbound. As such, the proper interpretation appears to be that those automatic delegates are included in the proportional allocation of the delegates by virtue of being included in the "remaining Delegates at the State Convention".

One additional note that should be made is that there is no vote threshold that a candidate has to meet in order to be eligible for delegates. A candidate only has to receive a share of the vote equal to or greater than percentage that would net said candidate at least half a delegate. In this case, 0.909%. In other words, 1% of the vote would make eligible a candidate for some share of the delegates. Both Gingrich, Santorum and a No Preference option are on the North Carolina ballot and may gain delegates. What becomes of the delegates -- the process for their release -- is not entirely clear, though all of the delegates with the exception of those committed to "No Preference" were McCain delegates in 2008.

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¹ FHQ would say 50 part, but that doesn't count the territories and Washington, DC.

² Those are bound delegate slots. Actual delegates have already been selected in congressional district meetings and will continue to be selected at the state convention. The at-large delegates and both the national committeeman and national committeewoman will be elected at the June state convention. The latter two positions will be elected in June and will begin serving immediately. The state chairman -- the final automatic delegate -- is elected at odd-year state conventions. There will be no turnover in that position at the upcoming convention.

³ North Carolina Republican Party rules (see Article VII-F):
2011 NCGOP Plan of Organization

Recent Posts:
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2012 Republican Delegate Allocation: Indiana

This is the thirty-fourth in a multipart series of posts that will examine the Republican delegate allocation by state.¹ The main goal of this exercise is to assess the rules for 2012 -- especially relative to 2008 -- in order to gauge the impact the changes to the rules along the winner-take-all/proportionality spectrum may have on the race for the Republican nomination. As FHQ has argued in the past, this has often been cast as a black and white change. That the RNC has winner-take-all rules and the Democrats have proportional rules. Beyond that, the changes have been wrongly interpreted in a great many cases as having made a 180º change from straight winner-take-all to straight proportional rules in all pre-April 1 primary and caucus states. That is not the case. 

The new requirement has been adopted in a number of different ways across the states. Some have moved to a conditional system where winner-take-all allocation is dependent upon one candidate receiving 50% or more of the vote and others have responded by making just the usually small sliver of a state's delegate apportionment from the national party -- at-large delegates -- proportional as mandated by the party. Those are just two examples. There are other variations in between that also allow state parties to comply with the rules. FHQ has long argued that the effect of this change would be to lengthen the process. However, the extent of the changes from four years ago is not as great as has been interpreted and points to the spacing of the 2012 primary calendar -- and how that interacts with the ongoing campaign -- being a much larger factor in the accumulation of delegates (Again, especially relative to the 2008 calendar).

For links to the other states' plans see the Republican Delegate Selection Plans by State section in the left sidebar under the calendar.


INDIANA

It really is a shame that the competitive portion of the Republican presidential nomination race did not stretch into May and the Indiana primary. In a year in which unique state-level rules have been under the microscope, the Hoosier state offered not a unique variation of proportional or winner-take-all rules, but an uncommon combination of contest types and allocation rules.

Indiana delegate breakdown:

• 46 total delegates
• 16 at-large delegates
• 27 congressional district delegates
• 3 automatic delegates

At-large allocation:
The process of selecting/electing the 16 at-large delegates is perhaps what sets the Indiana Republican Party delegate allocation method apart from other similar methods the most. Like both Illinois and Pennsylvania, Indiana Republican voters will directly elect delegates. Unlike the two previous loophole primaries, these delegates are not delegates to the national convention but to the state convention. Those primary-elected state convention delegates will in turn elect the 16 at-large delegates to the Republican National Convention in Tampa. The twist, if there is need for another one, is that, like Pennsylvania, Indiana Republicans will place a blind vote for state convention delegates. The candidate affiliation -- if there is one -- of each of the delegates is not listed on the ballot. As FHQ discussed during the description of the Pennsylvania process, this tends to favor the front-running or establishment candidate the most because they have typically been able to corner the market on well-known elected (or formerly elected) officials who voters have tended to gravitate towards in these instances. It should additionally be noted that these delegates will vote on the at-large delegate recommendations from the state committee -- most likely in the form of a slate of delegates rather than individually -- as opposed to directly electing delegates from among those chosen on the primary ballot (see Chapter 9, Section 30²).

Congressional district allocation:
The three delegates apportioned to each of Indiana's nine congressional districts will be allocated winner-take-all based on the primary vote within each congressional district. This is not entirely clear in the rules of the Indiana Republican Party (see Chapter 9, Section 29).² There is no explicit mention of winner-take-all allocation within the rules. However, the RNC has interpreted the allocation as winner-take-all based on the primary vote and the rules on the state level have not been altered between cycles (see Chapter 9, Section 31 (2010)) and also Chapter 9. Section 31 (2008)). The elections at the congressional district meetings will be based on the recommendations of the district congressional committees.

Automatic delegate allocation:
The Indiana Republican State Committee meets and chooses a national committeeman and committeewoman outside of the state convention but before the Republican National Convention (see Chapter 10, Sections 3-5). However, those selected for these posts do not assume office until after the national convention in Tampa. That means that the current national committeeman and committeewoman will serve alongside the Indiana Republican Party chair as automatic delegates to the convention. Furthermore, all three delegates are unbound and free to choose a candidate of their preference.

The bottom line with the Indiana Republican Party method of delegate allocation is that there are a fair number of party-level filters through which the process has to progress. All of the delegates are selected based on the recommendations of party committees. Now, does that preclude any parliamentary/procedural maneuvers at, say, a state or district convention to override the recommendations of the respective party committees? Yes. The rules provide for an undebateable and unamendable motion to accept those recommendations, but if the motion is defeated then the process goes to the floor.

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¹ FHQ would say 50 part, but that doesn't count the territories and Washington, DC.

² Indiana Republican Party Rules (see Chapter 9, Section 29 and Section 30):2012 Indiana Republican Party Rules3.9.12



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