PUERTO RICO DELEGATE SELECTION PLAN for 2012.pdf
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Transcript of PUERTO RICO DELEGATE SELECTION PLAN for 2012.pdf
PUERTO RICO DELEGATE SELECTION PLAN
FOR THE 2012 REPUBLICAN NATIONAL CONVENTION
SECTION I
INTRODUCTION & DESCRIPTION OF DELEGATE SELECTION PROCESS
A. INTRODUCTION
1. Puerto Rico has a total of 20 delegates and 20 alternates pursuant to Rule 13 of the Rules of the Republican Party as adopted by the 2008 Republican National Convention and amended by the Republican National Committee on August 6, 2010. In addition, the National Committeeman, National Committeewoman and Chairman of the Republican Party of Puerto Rico pursuant to Rule 13(a)(1) of the Rules of the Republican Party.
2. The delegate selection process is governed by the Charter and Bylaws of the Republican Party of the United States, the Delegate Selection Rules for the 2012 Republican National Convention (“Rules”), the Call for the 2012 Republican National Convention (“Call”), the Regulations of the Rules and Bylaws Committee for the 2012 Republican National Convention (“Regs.”), the rules of the Republican Party of Puerto Rico, Article 8.009 of Law 78 of June 1st of 2011 (Puerto Rico Electoral Code of 2011) , the “Compulsory Presidential Primaries Act” (16 P.R.L.A. §13211353) and this Delegate Selection Plan.
3. During the Republican National Committee’s (“RNC”) Summer Meeting in August 2010, the RNC adopted revised rules governing the 2012 presidential nominating schedule and the methods for allocating delegates to the 2012 Republican National Convention. Rule 15(b)(2) of the revised Rules of the Republican Party requires that “any presidential primary, caucus, convention, or other meeting held for the purpose of selecting delegates to the national convention which occurs prior to the first day of April in the year in which the national convention is held, shall provide for the allocation of delegates on a proportional basis.” The new Subsection (2) requires that any state holding its presidential nominating process prior to April 1 include some form of proportional delegate allocation, as determined by the state. Any state holding its process on or after April 1 would be allowed to allocate national convention delegates on a winnertakeall basis.
4. Following the adoption of this Delegate Selection Plan by the Republican Party of Puerto Rico Executive Committee, it shall be submitted for review and approval by the RNC Counsel’s Office. The Executive Director of the Republican Party of Puerto Rico and the Legal Counsel shall be empowered to make any technical revisions to this
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document as required by the RNC Counsel’s to correct any omissions and/or deficiencies as found by the RNC Counsel’s to ensure its full compliance with Party Rules. Such corrections shall be made by the Executive Director of the Republican Party of Puerto Rico and the Legal Counsel and the Plan resubmitted to the within 30 days of receipt of notice of any findings by the RNC Counsel’s.
5. Once this Plan has been found in Compliance by the RNC Counsel’s, any amendment to the Plan by the State Party will be submitted to and approved by the RNC Counsel’s before it becomes effective.
6. The Executive Committee of the Republican Party of Puerto Rico, as the central governing body of the Party, shall adopt and file regulations for the Party no later than December 1st of the year immediately preceding the year in which the presidential primaries are to be held, in which the party shall participate pursuant to the law. (16 P.R.L.A. § 1327)
7. The Rules of the Republican Party of Puerto Rico state in Rule 4.1 that “the Republican Party of Puerto Rico shall conduct its presidential primary in accordance to Act No.6 of September 24, 1979, as amended, officially known as the "Compulsory Presidential Primaries Act". In the event that the aforementioned Act is repealed, or does not fully provide for the process at hand, the Executive Committee is authorized to promulgate those rules that it may deem necessary.
B. DESCRIPTION OF DELEGATE SELECTION PROCESS
1. The Compulsory Presidential Primaries Act defines a national party as “every political party that nominates and participates in the election of candidates for the offices of President and Vice President of the United States of America”. (16 P.R.L.A. § 1322(n))
2. The Puerto Rico delegate selection process will occur on March 18th, 2012, with a primary. Article 8.009 of Law 78 of July 1st of 2011 (Puerto Rico Electoral Code of 2011) provides that “in the case of national party primaries, these can be held on any date starting with the first Tuesday in the month of March in the year of the general elections until June 15th of the same year, as determined by the governing body of the local party affiliated to the national party. The March 18th of 2012 date is enacted in compliance with Rule 15 of the RNC as described above.
3. Each year in which the President of the United States is to be elected, a presidential primary shall be held in Puerto Rico to allow electors to express their preference regarding candidates for nomination to the presidency of the United States by national
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parties that have an affiliated party. (16 P.R.L.A. § 1323). See also 16 P.R.L.A. §1338 regarding alternate methods.
4. Pursuant to Rule 13 (c) of the Rules of the Republican Party “any state Republican Party may set the date for any primary, caucus, convention, or meeting for the purpose of voting for a presidential candidate and/or electing, selecting, allocating, or binding delegates to the national convention subject to the scheduling provisions in Rule No. 15. To the extent a state Republican Party’s rules are in conflict with its state’s laws with respect to this rule, the provisions of this rule and the state Republican Party’s rules shall control. To the extent the provisions of the rule are inconsistent with the provisions of Rule No. 15, the provisions of this rule shall be controlling for all purposes.
5. Every person qualified to vote in the general election in Puerto Rico pursuant to the Electoral Code of 2011
6. Participation in Puerto Rico’s delegate selection process is open to all Republican voters who wish to participate as Republicans and sign a pledge of support for a candidate.
7. Puerto Rico’s voter registration deadline for the Presidential Primary is the same as established by the Puerto Rico State Elections Commission.
8. At no stage of Puerto Rico’s delegate selection process shall any person be required, directly or indirectly, to pay a cost or fee as a condition for participating. Voluntary contributions to the Party may be made, but under no circumstances shall a contribution be mandatory for participation. Any voluntary contributions made to the Puerto Rico Republican Party by potential delegates or alternates during this process shall be used to help defray possible convention costs for lowincome delegates.
9. No persons shall participate or vote in the nominating process for the Republican presidential candidate who also participates in the nominating process of any other national party for the corresponding elections.
10. Puerto Rico will use a proportional representation system based on the results of the primary for apportioning delegates to the 2012 Republican National Convention provided nonetheless that the candidates reach a specific threshold established herein..
11. Puerto Rico is participating in the state governmentrun presidential preference primary that will utilize governmentrun voting systems.
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12. The Republican Party of Puerto Rico will take positive steps to promote the acquisition of accessible precinct based optical scan systems, wherever possible.
13. Seek enactment of legislation, rules, and policies at the state and local level to ensure that direct recording electronic systems, if any are used, include a voter verified paper trail.
SECTION II PRESIDENTIAL CANDIDATES
A. BALLOT ACCESS 1. Every person qualified to vote in the general election in Puerto Rico pursuant to the Electoral Code of 2011, shall be entitled to vote in the presidential primaries of the national party of his choice, held pursuant to chapter 16 of the Puerto Rico Laws Annotated. Every elector who wishes to exercise the electoral right provided by law shall do so in the congressional district and precinct in which he is registered. The affiliated political parties may provide affiliation forms to be completed by the elector at the time he is to cast his vote. (16 P.R.L.A. §1325) 2. The Republican Party of Puerto Rico shall file evidence before the Chairman of the Puerto Rico State Elections Commission, no later than December 1st of the year immediately preceding the year in which the election of the President of the United States of America is to be held, that certifies that it has been recognized as an affiliate of the Republican National Committee. (16 P.R.L.A. §1328. 3. The Puerto Rico Electoral Code does not mandate a candidatefilling fee. 4. Each presidential candidate shall use his or her best efforts to ensure that his or her respective delegation within the state delegation encourages the “broadest possible participation by men and women, young people, minority and heritage groups, senior citizens, and all other citizens in the delegate election, selection, allocation or binding process” pursuant to Rule 14 of Rules of the Republican Party. 5. No later than sixty (60) days prior to the holding of presidential primaries, the Secretary of State of Puerto Rico shall determine and prepare a list of the names of the candidates who aspire to the nomination for President of the United States for the Republican Party and each one of them shall be notified of their inclusion of said list by certified mail, with return receipt requested. The names of each of the candidates included in the list shall appear on the ballot as presidential candidate, unless said person certifies, no later than thirty (30) days prior to the
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holding of presidential primary, in writing, to the Secretary that he or she will not, nor has the intention to be a presidential candidate. No later than twentyeight (28) days prior to the holding of the presidential primary, the Secretary of State shall notify the names of the persons that will appear on the ballot as presidential candidate to the President of the Republican Party of Puerto Rico, the president of the Republican National Committee and the Chair of the Puerto Rico State Elections Commission.
SECTION III.Selection of Delegates and Alternates
1. No later than December 15 of the year prior to the date of the primaries provided in this chapter are to be held, the Republican Party of Puerto Rico shall file before the Puerto Rico State Elections Commission an official certification by the chief authority of the Republican National Committee in question, certifying the number of delegates and alternate delegates to the national nominating convention of the Republican National Convention in Tampa, FL. (16 P.R.L.A. §1331)
2. Every group of candidates for delegate or alternate delegate that wish to appear on the ballot as a group must file its candidacy before the chairman of the Republican Party of Puerto Rico, with a copy to the Chairman of the Puerto Rico State Elections Commission, stating their names, addresses, electoral precinct and senatorial district in which he resides, the name of the presidential candidate to whom he wishes to be committed or, in the case of an uncommitted group, the name of the candidate to delegate under whose name the group wishes to appear, in addition to any other information that by law or regulation is required, no later than thirty (30) days prior to the holding of the presidential primary as candidate for alternate delegate in which he shall state his name, address, electoral precinct and senatorial district in which he resides in addition to any other information that by law or regulation is required. When the rules and regulations of the National Party require it, he shall also consign his condition of commitment to an aspirant to the presidential candidacy, or his noncommitment. (16 P.R.L.A. §1332)
3. The Chairman of the Puerto Rico State Elections Commission shall remit to the corresponding presidential candidate, by certified mail and acknowledgement of receipt, the names and addresses for the groups and individuals who wish to aspire committed to such presidential candidate within the two (2) days following the last date for filing candidacies for delegate or alternate delegate. The presidential candidate to whom this information has been remitted must notify the list of candidates he approves of, by certified mail and acknowledgement of receipt, to the Chairman of the Puerto Rico State Elections Commission no later
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than two (2) days after receiving it. The presidential candidate shall approve a list of no more than the number of alternate delegates that should be selected in each respective senatorial district. If no reply or refusal of a specific person is received from the presidential candidate, it shall be understood that the candidate approves the list submitted. (16 P.R.L.A. §1332)
4. The Presidential Primaries established in the “Compulsory Presidential Primaries Act” shall consist of one balloting in one single ballot where electors shall express their preference for the aspirant to the presidential candidacy of the Republican National Party of which they are bona fide members and a ballot to elect delegates and alternate delegates to the National Nominating Convention. The result of the expression of preference for the presidential candidate shall not affect the election of delegates or alternate delegates. (16 P.R.L.A. §1333)
5. The balloting in said primaries will be carried out through the openpoll system. The primaries shall be held according to the applicable provisions of §§ 3001 et seq. of the Electoral Code, with due guaranties at all times, of the elector’s right to equal, direct, free and secret suffrage, using the identification card provided in §§ 3001 et seq. of the aforementioned statute. (16 P.R.L.A. §1333)
6. Only one electoral list shall be used to identify the electors in which the preference of the elector must be specified as to the national party for which he plans to vote. (16 P.R.L.A. §1333)
7. No person shall participate and/or vote in the nomination process for presidential candidates of one national party who has also participated in the nomination process of any other national party for the corresponding election.
8. All electors shall certify under oath that he/she has not participated, nor shall participate in any electoral process regarding the selection of the presidential candidates or delegates to national nominating conventions for the same presidential election of a national party other than the one he/she plans to vote [in]. This oath shall be taken by a pollingplace official duly certified by an electoral representative and shall constitute a certification for the purposes of Section 225 of Act. No. 115 of July 25, 1974, known as “Penal Code of Puerto Rico”. (See also 16 P.R.L.A. §1333).
9. Delegates and alternate delegates would be bound to endorse in the first balloting at the national nominating convention the aspirant to the presidential nomination for which they were selected and also duly certified for that right by
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the Chairman of the Puerto Rico State Elections Commission. (16 P.R.L.A. §1336)
10.The adjudication methods of the delegates elected shall be governed by the regulations of the national parties and the standards to be adopted in accordance thereto. (16 P.R.L.A. §1337)
11.All twenty (20) delegates and twenty (20) alternate delegates from Puerto Rico are delegates at large.
12.Each candidate for President shall be awarded atlarge delegates from Puerto Rico authorized by the Republican National Committee proportionately, according to the ratio of votes they received to the total votes cast on an islandwide basis. Provided however, no delegates shall be awarded to any candidate for President receiving less than fifteen percent (15%) of the vote, and such votes shall be allocated among the other candidates in proportion to their total vote. If one candidate for President receives a majority (50%) of the total islandwide votes cast, then that candidate shall be awarded all atlarge delegates from Puerto Rico.
13.After the primary is held as provided by law, the Chairman of the Puerto Rico State Elections Commission in coordination with the electoral representative of the Republican Party shall canvass the votes. When it has been concluded, but no later than fifteen (15) days after the date on which the primaries were held, the Chairman of the Puerto Rico State Elections Commission shall notify the central directing body in Puerto Rico of the Republican Party of Puerto Rico, the Secretary of the Department of State, the president of the Republican National Committee and all the candidates who have appeared on the ballot of the outcome of the presidential primaries in terms of absolute numbers. He shall also certify, within the aforementioned period, the persons who have been elected as delegates and alternate delegates, pursuant to the rules and regulations of the Republican Party of Puerto Rico. (16 P.R.L.A. §1344)
SECTION IV JURISDICTION 1. The Chair of the Puerto Rico State Elections Commission shall have the
responsibility of carrying out any activity, procedure or duty needed to implement the “Compulsory Presidential Primaries Law.” (16 P.R.L.A. §1346)
2. Everything related to the electoral process, distribution of electoral material, designation of polling place officials, challenging of voters, and others connected with the general presidential primary process provided herein shall
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be governed by the applicable provision of the Electoral Code as established by Law 78 of June 1st of 2011.
(Adopted by the Republican Party of Puerto Rico on September 28, 2011)
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