2012 Republican Delegate Selection Rules

An Update on the 2012 Republican Delegate Selection Rules

See additional posts on the subject of Republican delegate allocation for 2012:

• The Myth of Republican Presidential Primary Proportionality
• The Myth of Republican Presidential Primary Proportionality Revisited
• Republican Delegate Allocation Rules: 2012 vs. 2008

In January FHQ posted a partial version of the Republican Delegate Selection Rules for 2012. The partial and outdated (The link was based on the recommendations from the Temporary Delegate Selection Committee.) nature of that version and more likely where I place Iowa, New Hampshire and South Carolina on the 2012 Presidential Primary Calendar got me a call from the legal team at the RNC. Their intent was to keep FHQ apprised of the party's adopted delegate selection rules and to share with us the rules (in full), the intent behind them and some history of how they came into being.

Below is that memo from the RNC:
Presidential Nominating Schedule Memo

The real bonus in this is that it not only includes the rules on the timing of delegate selection events, but provides the clearest set of guidelines -- as well it should; it's coming from the party after all -- on the new proportionality requirements for contests that occur prior to April 1, 2012 (see page 3). The highlights:

1. The RNC draws a distinction between at-large delegates and those allocated based on the congressional district vote. A state scheduled prior to April 1 is required to allocated at-large delegates proportionally, but has choice and can continue to allocate congressional district delegates on a winner-take-all basis (win the district, win all the delegates from that district).
2. The vote share threshold for candidates receiving delegates can be no higher than 20%. In other words, if a state set that threshold at 20% a candidate would have to net at least that much support to receive any delegates.
3. A candidate can still receive all the delegates from a state if that candidate surpasses a minimum threshold set by the state. That threshold can be no lower than 50%. A candidate could, then, clear the 50% mark statewide and take all the delegates. If Utah had operated under these rules in 2008, Mitt Romney, by virtue of having won 89% of the vote, could have taken all of the Beehive state's delegates despite the primary having been in February (assuming Utah used the threshold rule).

There are currently 33 states -- including Washington, DC -- with delegate selection events scheduled before April 1, 2012. Of those 33, 19 states would be required to make changes to their delegate allocation rules in 2012 compared to the state-level plans in 2008. The remaining 13 either already had proportional allocation, required a certain threshold to trigger winner-take-all allocation or did not allocate delegates during the first step of the caucus/convention process. If current legislation that proposes moving presidential primaries is passed the total of states being required to make a change in allocation rules from 2008 to 2012 will drop to 15 (since California, Maryland, Massachusetts and New Jersey would shift to post-April 1 dates). Those 15 states made up 747 total delegates or 31% of the total 2380 delegates and 63% of the 1190 delegates needed for the 2008 Republican nomination. That is a great many delegates in states that will have to be allocated slightly differently in 2012. Of course, the question remains whether that difference will create a substantive change in who emerges as the nominee for the GOP next year.