Political Hotsheet
By

Brian Montopoli /

CBS News/ March 21, 2012, 12:13 PM

GOP rule could sink Gingrich, Paul hopes to win at contested Republican convention

FTN - Newt Gingrich Ron Paul CBS

Updated 2:09 p.m. Eastern Time

Newt Gingrich and Ron Paul's slim hopes of winning the Republican presidential nomination depend primarily on their ability to triumph at a contested convention in August. The idea is that if front-runner Mitt Romney falls short of the 1,144 delegates he needs to secure the nomination outright before the convention, his rivals will seize the opportunity to win over the Republican faithful during the convention process.

That long-shot strategy depends on Gingrich and Paul actually getting on the convention ballot. And it now appears that may be a problem. The Atlanta-Journal Constitution has noticed a little-known rule - No. 40(b), to be exact - that would seem to keep the two candidates from being able to participate in a floor fight. 

The rule was adopted in 2008, and here's what it says: "Each candidate for nomination for President of the United States and Vice President of the United States shall demonstrate the support of a plurality of the delegates from each of five (5) or more states, severally, prior to the presentation of the name of that candidate for nomination."

Gingrich has won a plurality in two states so far, South Carolina and Georgia; Paul has not won any states. The Republican National Convention confirms to CBS News that this means a candidate would not qualify for the first ballot at the convention unless they get, as the rule states, a plurality of delegates in five states.

On MSNBC's "The Daily Rundown" Wednesday morning, RNC Chairman Reince Preibus said the rule is "important."

"So when these candidates are adding up their delegates or when people out there have a particular issue that they would like to move at the convention, they had better make sure they at least have a plurality of five states to make these things happen," he said.

The Gingrich camp did not immediately respond to questions about how the rule affects their strategies. Paul campaign chairman Jesse Benton said he anticipated meeting the five-state threshold, saying in an email that "we are well positioned to carry WA, MN, AK, ND and ME among several others."

It's possible that even if Gingrich or Paul's delegates can't vote for their candidate on the first ballot, they could do so on subsequent ballots if Gingrich and/or Paul garners the support of a plurality of delegates from at least five states during the fight on the convention floor. Under Republican National Committee rules, Gingrich or Paul would need to be formally nominated after the first ballot for this to happen, and demonstrate their support in five states when this happens. It's an extremely unlikely scenario, though technically possible.

A related question: What happens to bound delegates if their candidate doesn't appear on the ballot? CBS News has contacted the four state Republican parties to explain what would happen to Gingrich and Paul's bound delegates if the candidates are not on the ballot; thus far only Mississippi Republican party has responded.

"[S]hould Gingrich not be on the first ballot, his delegates would be released in the same way that they would if he suspended his campaign," Communications Director Brett Kittredge said in an email.

With reporting by Rodney Hawkins.

© 2012 CBS Interactive Inc. All Rights Reserved.
46 Comments Add a Comment
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AJs-ideas says:
Again they try and pry Newts fingers off the ledge. He frantically fights againsts the inevitable fall into Political obscurity which awaits immediately after he withdraws. His team cringes with embarassment as his desparation becomes so obvious

"I am a much better debater than Romney or Santorum"

You know what Newt, it doesn't matter and isn't relevant. Calista is already plotting her escape I would bet. Afterall she was quite happy being part of the original open marriage? So why does Newt think she will remain if its closed and he's a Pensioner. She's still got it....for some.

And exit from the race brings all this into clear focus for Newt, So he's just looking the other way.

The lights are dimming and the grounds are getting thin, but he's just got to find another place to play
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ronpaulitic says:
The fire that Ron Paul has lit in the 2012 Republican Presidential nomination race will not be watered down by a few derogatory comments from the mainstream media. Nor will it be put out by the withered GOP guard fighting to keep the door closed. It will instead rage when the people finally realize they're being deprived of their liberties, and consume the establishment clinging to the old ways.
As long as the internet is free, truth can always topple tyranny. Geotag on the only realtime worldwide Ron Paul map on the web:
http://www.ronpaulitic.com/
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Lindag10 replies:
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The GOP has already arranged for water cannons at the convention. LOL
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27Reasons says:
I will ONLY vote for Ron Paul in 2012, period! It seems quite obvious now that the GOP elites would rather see Obama win than have Paul as our next president. Too bad most of their flock is to ignorant to realize it.
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27Reasons replies:
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too
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zachwiedeman says:
So delegates that got to the convention bound by law to vote for a candidate that did not win a plurality of the delegates from five states will have to abstain from voting or will be released?

The rule doesn't really make sense, does it?
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Stephen_Dedalus says:
I think we all know that Newt will denounce this as the, quite fundamentally, MOST DISHONEST RULE EVER IN THE HISTORY OF EVER.
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WoodrowWilsonSmith says:
The two wings of the Government Party offer you the choice of a disorganized and self indulgent megalomaniac leftwing progressive, or the focused and self disciplined megalomaniac leftwing progressive. The organized one -will- accomplish more harm if elected.

Please! Please! Please! A very big shout out to the conservative party and to the constitution party, Don't even ask her just put Sarah Palin on the ballot for your party. That would greatly increase turnout, decrease Romney's vote count and make the Democrat's vote fraud more difficult. Considering the strength of those currently running, Palin should be a shoe in.
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abbe91 replies:
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Sure, like she was in 2008 ...
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Lindag10 says:
It sure sounds like Paul (Creepy the dwarf) and the fat Toad aren't on the Convention "A-list".
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southernbelle2012 replies:
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that "Creepy the dwarf" is the ONLY one fighting for YOUR right to say such things! Looks like you need to be educated on your candidates! ALL of the others, inclucding Obama, is in support of NDAA, undeclared wars, skyhigh spending of YOUR money, HR 347, etc. The list of things they agree on goes on and on. Ron Paul is trying to get our troops home, our money sound, our foreign policies changed and MOST IMPORTANTLY~our FREEDOMS BACK! How someone can vote for people who want to restrict their personal freedoms and liberties is beyond me!!
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CalvinnHobbs says:
This rule will not affect Dr. Paul. It states a candidate must win a plurality of delegates in five states. It doesn't state they must win the popular vote. Dr. Paul may have not won any popular votes (except US Virgin Islands) but he is going to win a majority of the delegate in several states.
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Lindag10 replies:
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Any idea which states? So far he's not doing so well.
rcattaneo1 replies:
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Here's proof of one state. There's paul supporters stating what districts, etc. they represent and how they won the majority of the seats on dailypaul.com......but the media keeps reporting otherwise. Romney does not have 30 delegates like CNN claims from WA. Read on...http://seattletimes.nwsource.com/html/politicsnorthwest/2017792794_paul_supporters_sweep_two_seat.html
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dddienst says:
If the GOP keeps ignoring their own rules to railroad delegates and being exposed at it then by the time the convention comes around it will be moot anyway as the world will see the process as it is. With every sham caucus more republicans are being turned off. If Ron Paul does end up running third party no one by that time will blame him. (by the way vote for him as draft pick at americanselect dot org just in case)

The choice is simple, nominate Ron Paul or loose whats left of your credibility as a national party and become as relevant as the green party.
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liquidify replies:
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If you are a delegate for Ron Paul, do not participate in Americas elect campaign as there is some possibility that you could nullify your legal ability to represent Dr. Paul.
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thebob-bob says:
The following is brought to you by peaceful leftie:

"Rules??!! There are no rules when there's a Revolution! Un-American, anti-democratic rules kept half the field of the ballot in Virginia and kept Santorum from being on the ballot in some Ohio counties. Rules?? When you're doing God's work, the rules of Man mean nothing! Rules!! How dare the Republican party hide behind rules in order to impose their Chosen One on the Republicans? The "rule of law" is so 20th Century. We're in a new century of Religious Fervor!! Change the Constitution!! Shoot first! Stand your ground!! True believers know that you can't trust Mitt!"

Obama 2012!
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Zann-Zel replies:
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LOL!

OBAMA 2012 : )
southernbelle2012 replies:
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Obama 2012?!? You're kidding,right?!? So, let me get this right adn correct me if Im wrong... You are FOR the continuation of the NDAA and you are for HR 347 AND you are ok with the executive order of peacefull martial law preparedness?!? I suppose you think it is fine that he will not pledge allegiance to the flag~at all! I encourage you to go to the white house webstite and take a look at the executive order that was signed on Fri March 16th. It explains all the things that are planned in case we all get out of line. Just in case you are thinking...oh no, here's one of those Ron Paul supporters again...listen to what I am saying and research it. I voted for Obama...I was uninformed and followed what the no-news was telling me. I believed when they said "that crazy Ron Paul is at it again". I didn't do any research and for that I apologize to my fellow Americans! Romney, Santorum, Newt, Obama...they truly are one in the same!
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