iratus
11-13-2007, 11:10 PM
RPK Rules (http://www.rpk.org/images/KY/rpk_rules_Web.pdf) 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.
KRS 118.631 (http://www.lrc.ky.gov/KRS/118-00/631.PDF): 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:
The names of the candidates entitled to delegate votes under provisions of KRS
118.641;
The total vote received by each;
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
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.
KRS 118.641 (http://www.lrc.ky.gov/KRS/118-00/641.PDF): Distribution of authorized delegate vote among party candidates.
The political parties in distributing authorized delegate votes among party
candidates shall select one (1) of the following methods of distribution:
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:
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%);
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%);
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
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.
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.
Summary: It appears delegates' votes are proportioned based on the popular vote, provided the candidates receive at least 15% of the vote! According to KRS 118.631(4), they are bound to their assigned vote only on the first vote at the national convention. Before the first vote, if candidate withdraws from the race, the delegates etc vote by secret ballot to determine who the delegates previously assigned to a candidate will vote for (and it will reflect the proportion of secret ballot votes).
Disclaimer: I am not a lawyer, so my interpretation of state law remains solely MY interpretation. Read it yourself!
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.
KRS 118.631 (http://www.lrc.ky.gov/KRS/118-00/631.PDF): 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:
The names of the candidates entitled to delegate votes under provisions of KRS
118.641;
The total vote received by each;
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
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.
KRS 118.641 (http://www.lrc.ky.gov/KRS/118-00/641.PDF): Distribution of authorized delegate vote among party candidates.
The political parties in distributing authorized delegate votes among party
candidates shall select one (1) of the following methods of distribution:
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:
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%);
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%);
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
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.
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.
Summary: It appears delegates' votes are proportioned based on the popular vote, provided the candidates receive at least 15% of the vote! According to KRS 118.631(4), they are bound to their assigned vote only on the first vote at the national convention. Before the first vote, if candidate withdraws from the race, the delegates etc vote by secret ballot to determine who the delegates previously assigned to a candidate will vote for (and it will reflect the proportion of secret ballot votes).
Disclaimer: I am not a lawyer, so my interpretation of state law remains solely MY interpretation. Read it yourself!