Can we change the 15% rule

[SWATH]

Can we change the rule that says a candidate must receive at least 15% of the popular vote to get any delegates? Also can we change the rules to unbind the delegates on the first round of voting?

[nate895]

Do it through your caucus convention process, and give all the delegates to Ron Paul.

[Kludge]

Can we change the rule that says a candidate must receive at least 15% of the popular vote to get any delegates? Also can we change the rules to unbind the delegates on the first round of voting?


That's absurd, it'd obstruct democracy... We can't have a bunch of nobodies pose a significant threat!

Hell, what next, eliminate the electoral college?

[BigRedBrent]

That's absurd, it'd obstruct democracy... We can't have a bunch of nobodies pose a significant threat!

Hell, what next, eliminate the electoral college?

Perhaps the reason it can be done it to prevent lazy brain dead idiots who will not do anything but vote a few times a year from destroying a nation. If they actually cared they would get involved and find out what is going on like we are. I have no sympathy for those who refuse to find out what is really going on. They are content to remain ignorant.

[mudburn]

Can we change the rule that says a candidate must receive at least 15% of the popular vote to get any delegates? Also can we change the rules to unbind the delegates on the first round of voting?

I don't know yet. But, that 15% rule might leave RP with no "official" delegates, so it is a concern. Some say you can change such rules with a 2/3 majority vote of delegates at the state convention. We'll have to read the official rules more carefully to determine. It certainly wouldn't hurt to try to change some of the rules to open the voting to the discretion of the delegates.

KY has it set up so that the delegates are bound through the first round at the national convention. There are even state legislative statutes governing the binding of the delegates, as I understand it. The individual delegates don't actually vote in the first round -- the chair of the delegates states the allocation of the delegate votes. However, the total he/she reports can be challenged by the delegates on the floor, leading to a roll call (I believe this is what I read). I see efficacy in this especially if not all of the delegates are present -- in such a situation, the totals would be different than being reported.

The rules for the KY GOP can be found online at http://www.rpk.org and on this board, including a reference to the state legislative statutes.

dp

[SWATH]

Does anybody know if alternate delegates are bound like the regular delegates. For instance, if a Ron Paul supporter becomes a national delegate and is bound to vote for McCain, and he decides to stay home. Will the alternate that takes his place also be bound to vote for McCain?

[rp007]

It looks like changing the 15% rule is prohibited by Kentucky Law. It also appears that, per Kentucky Law, the Kentucky delegates must be bound for the first vote at the National Convention. However, there does not appear to be a specific penalty for not following this law. There IS however, a general penalty for violation of duties where no specific penalty is provided. I have no idea if this applies, as I am not a lawyer.

118.641 Distribution of authorized delegate vote among party candidates.
(1) The political parties in distributing authorized delegate votes among party
candidates shall select one (1) of the following methods of distribution:
(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 as follows:
1. The total vote received by the candidates qualifying under the provisions
of KRS 118.551 to 118.651 and subsections herein shall, when
combined, be equal to one hundred percent (100%);
2. Each such candidate shall share in the total percentage in direct
proportion to the total vote received by him mathematically determined
to be the percentage of the aggregate vote which represents one hundred
percent (100%);
3. Each political party shall appropriate such percentage, as is determined
by this section, to the total number of delegate votes as are allotted by
the national committee of each party; or
(b) The candidate receiving the highest number of votes cast by his political party
shall be awarded a pro rata portion of the authorized delegate vote of his
political party in compliance with the state party rules for that party.
(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.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 431, sec. 8, effective July 13, 1990. -- Created
1986 Ky. Acts ch. 29, sec. 10, effective July 15, 1986.



118.631 Certification of results of preference primary.
Upon completion of the official canvass of the results of the primary by the State Board
of Elections, the Secretary of State shall certify to the state chairman of each political
party participating in the presidential preference primary the following:
(1) The names of the candidates entitled to delegate votes under provisions of KRS
118.641;
(2) The total vote received by each;
(3) A declaration that the results of the presidential preference primary, in accordance
with the division of votes reflected by the official canvass, shall be the official vote
cast by each political party at its national convention, on the first ballot only, and
shall be designated by KRS 118.551 to 118.651 as an automatic vote, expressing the
will of the people of the Commonwealth of Kentucky; and
(4) After the vote on the first ballot by the political party at its national convention, as
required by this section, all responsibility under KRS 118.551 to 118.651 shall
terminate and further balloting shall be the prerogative of the political parties as
might be prescribed by the rules of such political parties.
Effective: July 15, 1986
History: Created 1986 Ky. Acts ch. 29, sec. 9, effective July 15, 1986.


119.265 Violation of duties for which no other penalty provided.
Any public officer who willfully neglects to perform a duty imposed upon him under the
election laws, for which no other penalty is provided, or who willfully performs such duty
in a way that hinders the objects of the election laws, shall be guilty of a Class B
misdemeanor.
Effective: July 13, 1990
History: Amended 1990 Ky. Acts ch. 48, sec. 81, effective July 13, 1990. -- Created
1974 Ky. Acts ch. 130, sec. 87.

[rp007]

Important! Notice that the provisions above are null and void should our Republican State Executive Committee choose to hold a caucus instead of a primary. This is impossible to do this year but could be achieved in 2012 if we can force the resolution and/or get RP Republicans into the Exec committee. I am not exactly sure if the decision needs to be made by the Exec committee or by resolution.

118.555
...
(2) If a state executive committee determines that its party's authorized delegate votes
for presidential candidates at its party's national convention shall be distributed
based on the results of a party caucus, a presidential preference primary shall not be
conducted for that political party, and the provisions of KRS 118.561 to 118.651
shall not apply. The distribution of delegates among the presidential candidates
shall be determined by party rule.
...