The Green Papers
The Green Papers

Spinning Straw Into Gold

RNC Standing Committee on Rules member Curly Haugland responds to Richard E. Berg-Andersson
Sat 19 Mar 2016

I just want to point out a few things that Richard Berg-Andersson did not speak to in his Commentary of 19 March 2016.

  1. National Party rules trump State Party rules AND State law.
  2. In the Democratic Party, binding delegates to Primary results is in their charter.
  3. In the Rules of the Republican Party, the delegates to the National Convention are NOT bound by the convention rules to cast their votes according to the Primary votes [or equivalent, such as votes in a 'Presidential Poll' concurrent with precinct caucuses- Ed.]
  4. As I pointed out during my interview on MSNBC, only ONE convention in the entire history of the Republican Party has voted to surrender their exclusive right to control their vote to the Primary voters. This was the 1976 Republican National Convention with its "Justice Resolution": if you type "1976 republican justice resolution" into a search engine, it will yield much information about that event and hiding in plain sight is where I describe its history. RNC Counsel's Office has deliberately concealed this fact and history from the Rules Committee, even when specifically asked about it!
  5. In 1976 Rule 37 was the vehicle for binding delegates elected in Presidential Primaries according to State law. The 1980 Republican National Convention rescinded the binding requirement leaving the rules reading exactly as they do today.
  6. Mandatory "binding" open Presidential Primaries were ruled unconstitutional in Democratic Party v. Wisconsin ex rel. La Follette [450 U.S. 107 (1981)].
  7. Benjamin Ginsberg's [Mr. Ginsberg was Mitt Romney's campaign counsel in 2012-Ed.] Rule 40 is misunderstood. Reading all of the words, Rule 40 precludes any names being placed in nomination before the National Convention itself convenes. It is not a "majority" of delegates measured by Primary results; instead, it is a separate vote of the actual delegates taken after the report of the Credentials Committee has "permanently seated" them.

Modified .