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Challenging Timing of the Delegate Selection Process (draft 1)

by: William Allen Simpson

Sun Apr 27, 2008 at 15:56:54 PM EDT


Continuing the draft 1 sections. See http://michiganliberal.com/showDiary.do?diaryId=12014
William Allen Simpson :: Challenging Timing of the Delegate Selection Process (draft 1)

IV.    CHALLENGE BY RULE 11. — TIMING OF THE DELEGATE SELECTION PROCESS

28.    Rule 11.A. states:
“No meetings, caucuses, conventions or primaries which constitute the first determining stage in the presidential nomination process (the date of the primary in primary states, and the date of the first tier caucus in caucus states) may be held prior to the first Tuesday in February or after the second Tuesday in June in the calendar year of the national convention. Provided, however, that the Iowa precinct caucuses may be held no earlier than 22 days before the first Tuesday in February; that the Nevada first-tier caucuses may be held no earlier than 17 days before the first Tuesday in February; that the New Hampshire primary may be held no earlier than 14 days before the first Tuesday in February; and that the South Carolina primary may be held no earlier than 7 days before the first Tuesday in February. In no instance may a state which scheduled delegate selection procedures on or between the first Tuesday in February and the second Tuesday in June 1984 move out of compliance with the provisions of this rule.”


29.    The Michigan Democratic Party has already been denied a waiver of Rule 11.A, and sanctioned by the DNC Rules and Bylaws Committee.  [DNC RBC Minutes of December 1, 2007, pp 73–74]

Non-Binding Primary
30.    If the Michigan Democratic Party makes the Section III adjustments at its May 17, 2008, meeting for selection of at-large delegates, the DNC could reduce the votes of pledged Michigan delegates by fifty (50%) percent, yielding the same result as reducing the delegation pursuant to Rule 20.C(1)(a).  This would provide the most convenient method of reconciliation, although at greater expense.

District Convention Participants
31.    Should the Michigan Democratic Party fail to make needed adjustments at its May 17, 2008, meeting for selection of at-large delegates, the entire delegation must be recalculated to reflect district-level participation.


32.    Pursuant to Rule 20.C(1)(a), “... the number of pledged delegates elected in each category allocated to the state pursuant to the Call for the National Convention shall be reduced by fifty (50%) percent, and the number of alternates shall also be reduced by fifty (50%) percent.”

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