dnc 2012 delegate selection rules

7/31/2019 DNC 2012 Delegate Selection Rules

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Democratic Party Headquarters 430 South Capitol Street, SE Washington, DC, 20003 (202) 863-8000 Fax (202) 863-8174Paid for by the Democratic National Committee. Contributions to the Democratic National Committee are not Tax Deductible.

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DELEGATESELECTION

RULESFor the 2012 Democratic National Convention

Issued by the Democratic Party of the United States

Congresswoman Debbie Wasserman Schultz Chair


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As Adopted by the Democratic National Committee, August 20, 2010.


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TABLE OF CONTENTS

Rule Number

1. Publication and Submission of State Party Rules ............................................. 1

2. Participation ...................................................................................................... 2

3. Scheduling of Delegate Selection Meetings ....................................................... 4

4. An Open Party .................................................................................................... 4

5. Non-Discrimination ............................................................................................. 5

6. Affirmative Action ............................................................................................... 6

7. Inclusion Programs ............................................................................................ 7

8. National Convention Delegate Apportionment ................................................... 8

9. Unpledged and Pledged Party Leaders andElected Official Delegates .................................................................................. 8

10. Selection of At-Large Delegates ........................................................................ 10

11. Timing of the Delegate Selection Process ......................................................... 10

12. Presidential Preference ...................................................................................... 10

13. Fair Reflection of Presidential Preferences ........................................................ 12

14. Petition Requirements and Filing Deadlines ...................................................... 13

15. Quorum Requirements ....................................................................................... 14

16. Proxy Voting ....................................................................................................... 14

17. Unit Rule and Slate-Making ............................................................................... 15

18. Alternates and Vacancies .................................................................................. 15

19. DNC Rules and Bylaws Committee ................................................................... 16

20. Challenges ......................................................................................................... 16

21. State Legislative Changes ................................................................................. 20


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2012 Delegate Selection Rules for the Democratic National Convention

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D ELEGATE S ELECTION R ULES For the 2012 Democratic National C onvention

As Adopted by the Democratic National Committee, August 20, 2010.

1. Publication and Submission of State Party Rules

A. State parties shall adopt Affirmative Actionand Delegate Selection Plans which containexplicit rules and procedures governing allaspects of the delegate selection process.These rules shall include, but are not limitedto:

1. Procedures for electing and certifyingdelegates and alternates at all levels;

2. Timing of primary/caucuses/conventions;

3. Procedures providing for equal divisionin each states convention delegation;

4. Procedures providing for the selectionof the chair of the delegation;

5. Particulars concerning the scheduling ofdelegate selection meetings includingmethods by which each meeting orevent will be publicized;

6. Affirmative Action Plans and InclusionPrograms in detail including affirmativeaction and inclusion obligations ofpresidential candidates;

7. All petition requirements and filingdeadlines for delegate and alternatecandidates and for presidentialcandidates;

8. Procedures for ascertaining

delegate/alternate preference at allstages;

9. Procedures for presidential candidateright of approval;

10. Method of awarding delegates andalternates to presidential candidates;

11. Methods and timetable for the selectionof permanent standing committeemembers;

12. Procedures for challenges of thedelegate selection, and affirmativeaction and inclusion processes;

13. Methods and timetable for the selectionof convention pages; and

14. Other appropriate provisions from theseRules, the Call and the Regulations.

B. The following items are to be routinely

included at an appropriate place in eachstate plan:

1. Eligibility requirements for participationin the delegate selection process inconformance with Rule 2 [Rule 2];

2. Prohibition of cost and fees [Rule 2.D.];


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3. Prohibition of participation by thoseparticipating in another partys process[Rule 2.E.];

4. One-meeting limitation for first-stageparticipants [Rule 3.E.];

5. Six basic elements of an open party[Rule 4];

6. Non-discrimination principles [Rule 5];

7. Requirement that all steps take placewithin calendar year of convention[Rule 11.];

8. Required identification of preference ofcandidates for delegate and alternate

[Rule 12.A.];9. Protection against coerced vote [Rule

12.I];

10. Quorum requirements [Rule 15];

11. Proxy voting rules, if any [Rule 16];

12. Unit rule prohibition [Rule 17.A.];

13. Slate making limitations [Rule 17.B.];and

14. Succession of alternates to delegatestatus and filling of vacancies indelegate positions [Rule 18].

C. Each state party shall provide for a thirty(30) day 1 period of public comment to solicitopinion on the states Affirmative ActionPlan, Inclusion Program and DelegateSelection Plan prior to adoption. All writtenpublic comments submitted to the stateDemocratic Committee shall be submittedalong with the plans to the Rules andBylaws Committee of the DemocraticNational Committee (DNC Rules andBylaws Committee).

1 Unless otherwise explicitly specified, reference in these Rules today or days means calendar days. If the last day of a periodfalls on a Saturday, Sunday or a federally recognized holiday, thetime shall be extended to the next business day.

D. State Delegate Selection Plans, AffirmativeAction Plans and Inclusion Programs shallbe submitted to the DNC Rules and BylawsCommittee for approval on or before May 2,2011.

E. The DNC Rules and Bylaws Committeeshall act on the proposed plans as soon aspracticable, but in no case later thanSeptember 16, 2011, or four months beforethe respective states first determining step,whichever is earlier. Its decision shall befinal and binding.

F. Implementation of state Affirmative ActionPlans and Inclusion Programs shall begin nolater than September 16, 2011, or fourmonths before the respective states first

determining step, whichever is earlier.G. State Delegate Selection Plans shall specify

the methods and timetable to be followed inselecting members of standing committeesof the national convention. Theseprocedures shall be in conformity with therules to be contained in the Call for the 2012Convention.

H. The Democratic National Committee(DNC) and the state parties shall publishand make available at no cost their rules, the2012 National Delegate Selection Rules, anda clear and concise explanation of howDemocratic voters can participate in thedelegate selection process. The DNC shallprepare and provide at no cost to stateparties a clear and concise explanation ofthe 2012 Delegate Selection Rules. This shallbe done no later than October 1 of thecalendar year immediately preceding thecalendar year of the national convention.

2. Participation

A. Participation in the delegate selectionprocess shall be open to all voters who wishto participate as Democrats.

1. Democratic voters shall be those personswho publicly declare their Party


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preference and have that preferencepublicly recorded.

2. Implementation of this administrativematter shall be delegated to the DNCRules and Bylaws Committee.

B. Nothing in these rules shall be interpretedto encourage or permit states with partyregistration and enrollment, or states thatlimit participation to Democrats only, toamend their systems to open participationto members of other parties.

C. State parties shall take all feasible steps toencourage non-affiliated and new voters toregister or enroll, to provide simpleprocedures through which they may do so

and to eliminate excessively long waitingperiods for voters wishing to register or tochange their party enrollment status. In allcaucuses or conventions conductedpursuant to these rules, all Democrats whocomply with Rule 2.A, 2.A.(1), and 2.A.(2).shall be allowed to participate.

D. At no stage of the delegate selection processshall any person be required, directly orindirectly, to pay a cost or fee as a conditionfor participating in the delegate selectionprocess. Voluntary contributions to theParty may be made, but under nocircumstances shall a contribution bemandatory for participation.

E. No person shall participate or vote in thenominating process for a Democraticpresidential candidate who also participatesin the nominating processes of any otherparty for the corresponding elections.

F. In accordance with Article Nine, Section 12of the Charter of the Democratic Party of theUnited States, votes shall not be taken bysecret ballot at any stage of the delegateselection process, including processesleading up to the selection of DNCMembers or State Chairs and Vice Chairs,who serve as DNC members by virtue oftheir office, except that use of such votingby secret ballot may be used in a state run orstate party run primary which constitutesthe first determining stage of the delegate

election process and in which all individualvoters are eligible to participate inaccordance with the provisions of thisRule 2.

G. The casting of ballots over the Internet may

be used as a method of voting in a vote onlyfor presidential preference in a state party-run primary constituting the firstdetermining stage in the presidentialnominating process, and only if such castingof ballots over the Internet:

1. Is used in a system in which voters maycast their ballots in person on the day ofsuch primary and by mail, and in whichcasting of ballots over the Internet is analternate means of voting;

2. Is accompanied by a comprehensive,proactive education and outreachprogram on the use of Internet votingthat is set forth in the states delegateselection plan and approved by theDNC Rules and Bylaws Committee;

3. Is conducted in accordance with a planapproved by the DNC Rules and BylawsCommittee that is included in the statesdelegate selection plan, and thatprovides adequate measures to achievesecurity, reliability, access to eligiblevoters and transparency, includingcontractual and other safeguards tosecure exclusive ownership and controlby the state party of voting data;

4. Is accomplished through a systemwhich provides the voter with anopportunity to verify the voters ballotand correct any error before the votersvote is cast; which can be permanentlymaintained by the voter at the votersoption in paper, electronic or otherform; and which produces a paperrecord of the voters vote that ispreserved and maintained by the stateparty in the event of a manual audit,until the expiration of the time for filingan implementation challenge underthese Rules.


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H. In states using government-run votingsystems in the delegate selection process,State Delegate Selection Plans shall includeprovable positive steps (as defined in Rule21) taken or to be taken by the state party to:

1. Promote the acquisition of accessibleprecinct based optical scan systemswherever possible;

2. Seek enactment of legislation, rules andpolicies at the state and local level toensure that direct recording electronicsystems include a voter verified paperrecord;

3. Seek enactment of legislation, rules andpolicies at the state and local level to

ensure that both optical scan and directrecording electronic systems includerecognized security measures such as:

a. Automatic routine manual auditscomparing paper records toelectronic records following everyelection and prior to certification ofresults where possible;

b. Parallel testing on Election Day;

c. Physical and electronic security forequipment;

d. Banning use of wireless componentsand connections;

e. Public disclosure of software design;

f. Use of transparent and randomselection for all auditing procedures;

g. Effective procedures for addressingevidence of fraud or error.

3. Scheduling of DelegateSelection Meetings

A. All official Party meetings and eventsrelated to the national convention delegateselection process, including caucuses,conventions, committee meetings, filingdates, and Party enrollment periods, shall

be scheduled for dates, times and publicplaces which would be most likely toencourage the participation of allDemocrats, and must begin and end atreasonable hours.

B. All such meetings or events which are the

first meeting or event in the delegateselection process shall be scheduled at timesand dates which are uniform throughoutthe state, except where it is established bythe state party and approved by the DNCRules and Bylaws Committee that suchuniform times and dates would significantlyreduce participation in the delegateselection process.

C. The times, dates, places, and rules for theconduct of all caucuses, conventions,meetings and other events involved in thedelegate selection process shall beeffectively publicized by the Partyorganization, official, candidate or membercalling the same.

D. Concise statements in advance of allmeetings and events concerning therelationship between the business to beconducted and the delegate selectionprocess shall be effectively publicized by theParty organization, official, candidate ormember calling the same.

E. No person shall participate in more thanone meeting which is the first meeting in thedelegate selection process.

4. An Open Party

A. The Democratic National Committeereaffirms its commitment to the 1964resolution, and requires the national andstate parties to incorporate the Six BasicElements, as updated, into their Party rulesand to take appropriate steps to secure theirimplementation.

B. The 1964 Democratic National Conventionadopted a resolution which conditioned theseating of delegates at future conventionson the assurances that discrimination in anystate party affairs on the ground of race,color, creed or national origin did not occur.The 1968 Convention adopted the 1964


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Convention resolution for inclusion in theCall for the 1972 Convention. In 1966, theSpecial Equal Rights Committee, which hadbeen created in 1964, adopted six anti-discrimination standards designated asthe Six Basic Elements, which, as updated,

are as follows:1. All public meetings at all levels of the

Democratic Party in each state should beopen to all members of the DemocraticParty regardless of race, sex, age, color,creed, national origin, religion, ethnicidentity, sexual orientation, economicstatus or physical disability (hereinaftercollectively referred to as status).

2. No test for membership in, nor any

oaths of loyalty to, the Democratic Partyin any state should be required or usedwhich has the effect of requiringprospective or current members of theDemocratic Party to acquiesce in,condone or support discriminationbased on status.

3. The time and place for all publicmeetings of the Democratic Party on alllevels should be publicized fully and insuch manner as to assure timely noticeto all interested persons. Such meetingsmust be held in places accessible to allParty members and large enough toaccommodate all interested persons.

4. The Democratic Party, on all levels,should support the broadest possibleregistration without discriminationbased on status.

5. The Democratic Party in each stateshould publicize fully and in such amanner as to assure notice to allinterested parties a full description ofthe legal and practical procedures forselection of Democratic Party officersand representatives on all levels.Publication of these procedures shouldbe done in such fashion that allprospective and current members ofeach state Democratic Party will be fullyand adequately informed of thepertinent procedures in time to

participate in each selection procedureat all levels of the Democratic Partyorganization.

6. The Democratic Party in each stateshould publicize fully and in such a

manner as to assure notice to allinterested parties a complete descriptionof the legal and practical qualificationsof all positions as officers andrepresentatives of the state DemocraticParty. Such publication should be donein timely fashion so that all prospectivecandidates or applicants for any electedor appointed position within each stateDemocratic Party will have full andadequate opportunity to compete foroffice.

C. These provisions demonstrate the intentionof the Democratic Party to ensure a fullopportunity for all status (as defined inRule 4.B.(1)) members to participate in thedelegate selection process.

5. Non-Discrimination

A. In order that the Democratic Party at alllevels be an open Party which includesrather than excludes people from

participation, a program of effectiveaffirmative action and inclusion is herebyadopted.

B. Discrimination on the basis of status inthe conduct of Democratic Party affairs isprohibited.

C. In order to continue the Democratic Partysongoing efforts to include groupshistorically under-represented in theDemocratic Partys affairs, by virtue of race,ethnicity, age, sexual orientation ordisability, each state party shall develop andsubmit Party outreach programs, includingrecruitment, education and training, inorder to achieve full participation by suchgroups and diversity in the delegateselection process and at all levels of Partyaffairs.

6. Affirmative Action


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A. The promises of a democratically electedgovernment and the right to vote have notalways been extended equally to allAmericans. Historically, certain groups ofAmericans have been explicitly denied the

right to vote or have been subjected todiscriminatory and exclusionary practiceswith the intended effect of denying themvoting rights. In recognition of this pasthistory of discriminatory denial of thefranchise and in order to encourage fullparticipation by all Democrats in thedelegate selection process and in all Partyaffairs, the national and state DemocraticParties shall adopt and implementaffirmative action programs with specificgoals and timetables for African Americans,

Hispanics, Native Americans, AsianAmericans and Pacific Islanders andwomen.

1. The goal of such affirmative action shallbe to achieve participation in thedelegate selection process and in Partyorganizations at all levels by theaforementioned groups as indicated bytheir presence in the Democraticelectorate.

2.

This goal shall not be accomplishedeither directly or indirectly by thePartys imposition of mandatory quotasat any level of the delegate selectionprocess or in any other Party affairs.

3. In the selection of each states at-largedelegation, priority of considerationshall be given to African Americans,Hispanics, Native Americans, AsianAmericans and Pacific Islanders andwomen, if such priority of considerationis needed to fulfill the affirmative actiongoals outlined in the states DelegateSelection Plan. Such remedial action isnecessary in order to overcome theeffects of past discrimination. Use of theat-large delegation to fulfill the plansaffirmative action goals does not obviatethe need for the state party to conductoutreach activities such as recruitment,education and training. Priority ofconsideration shall also be given to

other groups as described in Rule 5.(C),which are under-represented inDemocratic Party affairs, in order toassist in the achievement of fullparticipation by these groups.

B. Performance under an approvedAffirmative Action Plan and composition ofthe convention delegation shall beconsidered relevant evidence in thechallenge to any state delegation. If a stateparty has adopted and implemented anapproved affirmative action program, thestate party shall not be subject to challengebased solely on delegation composition orprimary results.

C. State Delegate Selection Plans shall provide

for equal division between delegate menand delegate women and alternate men andalternate women within the states entireconvention delegation. For purposes of thisrule, the entire delegation includes allpledged delegates and alternates andunpledged delegates (including unpledgedparty leaders and elected official delegates).

1. State Delegate Selection Plans shall, asfar as mathematically practicable, alsoprovide for equal division betweendistrict-level delegate men and delegatewomen and district-level alternate menand alternate women.

2. The DNC Rules and Bylaws Committeeshall have continuing jurisdiction toensure compliance with this equaldivision requirement. No at-largedelegate or alternate from a state shallbe placed on the temporary roll of the2012 Democratic National Conventionunless the Rules and Bylaws Committeehas certified to the Secretary of theDemocratic National Committee thatsuch states delegation complies withthis equal division rule. It shall be theduty of the DNC Rules and BylawsCommittee to determine suchcompliance as soon as practicablefollowing the certification of the statesat-large delegates and alternates.


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3. Notwithstanding sub-paragraph A.(2)above, equal division at any level ofdelegate or committee positionsbetween delegate men and delegatewomen or committeemen andcommitteewomen shall not constitute a

violation of any provision thereof.D. For purposes of providing adequate notice

of the delegate selection process under Rule3, the times, dates, places and rules for theconduct of all caucuses, conventions,meetings and other events involved in thedelegate selection process shall beeffectively publicized, multilingually wherenecessary, to encourage the participation ofminority groups.

E.

State Democratic Parties shall ensure thatdistrict lines used in the delegate selectionprocess are not gerrymandered todiscriminate against African Americans,Hispanics, Native Americans, AsianAmericans and Pacific Islanders or women.

F. Each state Affirmative Action Plan shallprovide for the appointment of arepresentative state Affirmative ActionCommittee by March 1, 2011. Before thestate party submits its Plan to the DNCRules and Bylaws Committee, theAffirmative Action Committee shall reviewthe proposed outreach program required inRule 5.C.

G. Each state affirmative action program shallinclude outreach provisions to encouragethe participation and representation ofpersons of low and moderate income, and aspecific plan to help defray expenses ofthose delegates otherwise unable toparticipate in the national convention.

H. State parties in their Delegate SelectionPlans shall impose reasonable specificaffirmative action and inclusion obligationsupon presidential candidates consistentwith the delegate selection systememployed by the state.

1. State parties shall require presidentialcandidates to submit statements thatspecify what steps such candidates will

take to encourage full participation intheir delegate selection process,including, but not limited to, proceduresby which persons may file as candidatesfor delegate or alternate. Providedfurther that presidential candidates

submit such full participationstatements to the DNC Rules andBylaws Committee at the same timethey are submitted to state parties.

2. State parties shall require presidentialcandidates to submit demographicinformation with respect to candidatesfor delegate and alternate pledged tothem.

I. Each state party shall certify to the Rulesand Bylaws Committee whether eachpresidential candidate (includinguncommitted status) has used best efforts toensure that their respective delegations ateach level within a states delegation shallfulfill the requirements of Rule 6 and Rule 7established by the states Delegate SelectionPlan and that the respective delegations ofeach presidential candidate within thestates delegation shall be equally dividedbetween men and women.

7. Inclusion Programs

The Democratic National Committee recognizesthat other groups of Americans in addition tothose described in Rule 6 may be under-represented in Party affairs. These groupsinclude members of the LGBT community,people with disabilities, and youth. TheNational and State Parties shall adopt andimplement Inclusion Programs in order toachieve the full participation of members ofthese and other groups in the delegate selectionprocess and in all party affairs, as indicated bytheir presence in the Democratic electorate. Asis already the practice in some states, StateParties may use goals to achieve these ends;however, in no event may such participation beaccomplished by the use of quotas.

8. National Convention DelegateApportionment


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A. Apportionment of district-level delegateswithin states shall be based on one of thefollowing:

1. A formula giving equal weight to totalpopulation and to the average of the

vote for the Democratic candidates inthe two most recent presidentialelections;

2. A formula giving equal weight to thevote for the Democratic candidates inthe most recent presidential andgubernatorial elections;

3. A formula giving equal weight to theaverage of the vote for the Democraticcandidates in the two most recent

presidential elections and to DemocraticParty registration or enrollment as of January 1, 2012; or

4. A formula giving one-third (1/3) weightto each of the formulas in items (1), (2),and (3).

B. Apportionment for each body selectingdelegates to state, district, and countyconventions shall be based upon populationand/or some measure of Democraticstrength.

C. The Call for the 2012 Convention shall statethe base delegation for each delegation.Seventy-five percent (75%) of each statesbase delegation shall be elected at thecongressional district level or smaller.Twenty-five percent (25%) of each statesbase delegation shall be elected at large.Delegates so elected shall hereafter betermed district-level and at-largedelegates, respectively. Each StateDemocratic Chair shall certify all delegatesin writing to the Secretary of the DNC.

D. In those states with more than onecongressional district, after the election ofdistrict-level delegates and prior to theselection of at-large delegates, each StateDemocratic Chair shall certify pledgedparty leader and elected official delegatesequal to 15% of the states base delegationselected pursuant to Rule 9.

E. The election of district-level and at-largedelegates and alternates may take place atthe same meeting, provided that district-level delegates are selected first. In stateswith one congressional district the electionof delegates selected in accordance with

Rules 8.B., 8.C., and 9.A., may be conductedsimultaneously. In all cases, affirmativeaction, inclusion and fair reflectionguidelines must be met and the DemocraticChair of each such state shall make thecertifications required by subsection 8.D.

9. Unpledged and Pledged PartyLeaders and Elected OfficialDelegates

A. The procedure to be used for certifyingunpledged party leader and elected officialdelegates is as follows:

Not later than March 1, 2012, the Secretaryof the Democratic National Committee shallofficially confirm to each State DemocraticChair the names of the following unpledgeddelegates who legally reside in theirrespective state and who shall be recognizedas part of their states delegation unless anysuch member has publicly expressedsupport for the election of, or has endorsed,a presidential candidate of another politicalparty:

1. The individuals recognized as membersof the DNC (as set forth in Article Three,Sections 2 and 3 of the Charter of theDemocratic Party of the United States);and,

2. The Democratic President and theDemocratic Vice President of the UnitedStates, if applicable; and,

3. All Democratic members of the UnitedStates House of Representatives and allDemocratic members of the UnitedStates Senate; and,

4. The Democratic Governor, if applicable;and,

5. All former Democratic Presidents, allformer Democratic Vice Presidents, all


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former Democratic Leaders of the U.S.Senate, all former Democratic Speakersof the U.S. House of Representativesand Democratic Minority Leaders, asapplicable, and all former Chairs of theDemocratic National Committee.

B. Following the selection of district-leveldelegates under 8.E., pledged party leaderand elected official delegates are to beselected subject to the following procedures:

1. Persons shall be considered for pledgedparty leader and elected officialdelegates and alternates according tothe following priority: big city mayorsand state-wide elected officials to begiven equal consideration; state

legislative leaders, state legislators, andother state, county and local electedofficials and party leaders.

2. These slots shall be allocated on thesame basis as the states at-largedelegates.

3. If persons eligible for pledged partyleader and elected official delegatepositions have not made known theirpresidential preference under theprocedures established by the statepursuant to Rule 12 for candidates fordistrict-level and at-large delegatepositions, their preferences shall beascertained through alternativeprocedures established by the stateparty, which shall require a signedpledge of support for a presidentialcandidate. Such an alternative systemshall have a final deadline forsubmitting a pledge of support after theselection of all district-level delegateshas been completed and must providean opportunity for disapproval by thepresidential candidate or the candidatesauthorized representative.

C. A states party leader and elected officialdelegates may be chosen by a stateconvention or by a committee consisting ofa quorum of district-level delegates. Theymay also be chosen by the State PartyCommittee, as recognized by the

Democratic National Committee, but only ifthe states Delegate Selection Plan is in fullcompliance with these rules, and provided:

1. Membership on the State PartyCommittee is apportioned on the basis

of population and/or some measure ofDemocratic strength;

2. Members of the State Party Committeehave been elected through openprocesses in conformity with the basicprocedural guarantees utilized fordelegate selection;

3. Such delegates are elected at a publicmeeting subsequent to the election ofdistrict-level delegates;

4. Members of the State Party Committeeexercising such authority shall havebeen elected no earlier than the date ofthe previous presidential election; and

5. Membership of the State PartyCommittee complies with the equaldivision requirements of Article 9,Section 16 of the Charter of theDemocratic Party of the United States.

D. Except as provided in 9.A. above, no personshall serve as an automatic delegate at anylevel of the delegate selection process byvirtue of holding a public or party office.


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10. Selection of At-LargeDelegates

A. The selection of at-large delegates shall beused, if necessary, to achieve the equaldivision of positions between men andwomen and the representation goalsestablished in the state partys AffirmativeAction Plan and Inclusion Program. Suchgoals apply to the states entire delegationconsidered as a whole. For purposes of thisrule, the entire delegation includes allunpledged as well as all pledged delegates.Delegates and alternates shall each, as agroup, be equally divided and, to the extentpossible, each as a group shall reflect therepresentation goals established in thestates Affirmative Action Plan andInclusion Program.

B. A states at-large delegates and alternatesshall be selected by one of the bodies,subject to the same conditions specified inRule 9.C. above, provided, however, theState Party Committee may choose suchdelegates and alternates only if the statesDelegate Selection Plan is in full compliancewith these rules.

C. At-large delegates and alternates (includingpledged party leader and elected officialdelegates, which shall include those to beallocated to uncommitted status) in primarystates shall be allocated according to thestate-wide primary vote or, in states holdingno state-wide primary, according to thedivision of preferences among conventionand caucus participants. In non-primarystates which do not hold state conventionsauthorized to elect delegates, at-largedelegates shall be apportioned according tothe division of preferences among district-level delegates at the time of district-levelselection. If a presidential candidateentitled to an allocation under this rule is nolonger a candidate at the time at-largedelegates are selected, his/her allocationshall be proportionately divided among theother preferences entitled to an allocation.

11. Timing of the DelegateSelection Process

A. No meetings, caucuses, conventions orprimaries which constitute the firstdetermining stage in the presidentialnomination process (the date of the primaryin primary states, and the date of the firsttier caucus in caucus states) may be heldprior to the first Tuesday in March or afterthe second Tuesday in June in the calendaryear of the national convention. Provided,however, that the Iowa precinct caucusesmay be held no earlier than 29 days beforethe first Tuesday in March; that the NewHampshire primary may be held no earlierthan 21 days before the first Tuesday inMarch; that the Nevada first-tier caucusesmay be held no earlier than 17 days beforethe first Tuesday in March; and that theSouth Carolina primary may be held noearlier than 7 days before the first Tuesdayin March. In no instance may a state whichscheduled delegate selection procedures onor between the first Tuesday in March andthe second Tuesday in June 1984 move outof compliance with the provisions of thisrule.

B. All steps in the delegate selection process,including the filing of presidentialcandidates, must take place within thecalendar year of the Democratic NationalConvention (except as otherwise providedin these rules or specifically allowed by theDNC Rules and Bylaws Committee).

12. Presidential Preference

A. All candidates for delegate and alternate incaucuses, conventions, committees and on

primary ballots shall be identified as topresidential preference or uncommittedstatus at all levels of a process whichdetermines presidential preference.

B. All persons wishing to be elected to adistrict-level or at-large delegate positionmust file a statement of candidacydesignating the presidential oruncommitted preference of the delegate


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candidate and a signed pledge of supportfor the presidential candidate (includinguncommitted status) the person favors, ifany, with the state party by a date certain asspecified in the states Delegate SelectionPlan. Persons wishing to be elected as

pledged party leader and elected officialdelegates shall comply with Rule 9.C.(3).

C. All candidates considered for district-levelalternate positions must meet the samerequirements as candidates for district-leveldelegate positions, except that the state mayallow candidates who were not chosen atthe delegate level to be considered at thealternate level.

D. Prior to the selection of national convention

delegates and alternates, the state partyshall convey to the presidential candidate,or that candidates authorizedrepresentative(s), a list of all persons whohave filed for delegate or alternate positionspledged to that presidential candidate. Allsuch delegate and alternate candidates shallbe considered bona fide supporters of thepresidential candidate whom they havepledged to support, unless the presidentialcandidate, or that candidates authorizedrepresentative(s), signifies otherwise inwriting to the state party by a date certain asspecified in the states Delegate SelectionPlan.

1. Presidential candidates shall certify inwriting to the Democratic State Chairthe name(s) of their authorizedrepresentative(s) by a date certain.

2. In states where delegates are votedupon on the ballot, the date by whichthe presidential candidate, or thatcandidates authorizedrepresentative(s), signifies approval ordisapproval of the list of delegate andalternate candidates in writing to thestate party as required by Rule 12.D.,must allow sufficient time to ensure thatnames removed from the list do notappear on the ballot.

E. National convention delegate and alternatecandidates removed from the list of bonafide supporters by a presidential candidate,

or that candidates authorizedrepresentative(s), may not be elected as adelegate or alternate at that level pledged tothat presidential candidate (includinguncommitted status).

1. Presidential candidates may not removeany candidate for a district-leveldelegate or alternate position from thelist of bona fide supporters unless, at aminimum, three (3) names remain forevery such position to which thepresidential candidate is entitled.Provided, however, that in states whereindividual district-level delegates andalternates are voted upon on the ballot,the presidential candidate, or thatcandidates authorized

representative(s), may approve anumber of delegate candidates oralternate candidates equal to or greaterthan the number of delegates oralternates allocated to the district.

2. Presidential candidates (includinguncommitted status), in consultationwith the state party, may remove anycandidate for at-large and pledged partyleader and elected official delegate oralternate position from the list of bonafide supporters as long as, at aminimum, one (1) name remains forevery national convention delegate oralternate position to which thepresidential candidate is entitled, exceptthat a state may provide in its delegateselection plan, if the plan is approved bythe Rules and Bylaws Committee, thatpresidential candidates (includinguncommitted status), may remove anycandidate for an at-large and partyleader and elected official delegate oralternate position from the list of bonafide supporters as long as, at aminimum, two (2) names remain forevery position to which the presidentialcandidate is entitled.

F. State parties shall ensure that state DelegateSelection Plans provide fair and adequatetime for persons to file for delegate oralternate positions, and for presidentialcandidates, or their authorized


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representative(s), to review the list ofpersons who have filed, and to remove fromthat list persons not confirmed by thepresidential candidate or his/herrepresentative(s) as bona fide supporters ofthe presidential candidate.

G. Except in states where individual delegatesand alternates are selected on the ballot,district-level national convention delegatesand alternates pledged to a presidentialcandidate (including uncommitted status)shall be selected or nominated by a caucusof persons from the unit electing thedelegates and alternates who signstatements of support for that presidentialcandidate. Uncommitted delegates andalternates shall be elected by the

uncommitted caucus from the appropriateunit.

H. A district-level delegate and alternatecandidate may run for election only withinthe district in which he or she is registeredto vote. For purposes of these rules, alldelegates and alternates at any level of thedelegate selection process must be bona fideDemocrats who have the interests, welfareand success of the Democratic Party of theUnited States at heart, who subscribe to thesubstance, intent and principles of theCharter and the Bylaws of the DemocraticParty of the United States, and who willparticipate in the Convention in good faith.

I. No delegate at any level of the delegateselection process shall be mandated by lawor Party rule to vote contrary to thatpersons presidential choice as expressed atthe time the delegate is elected.

J. Delegates elected to the national conventionpledged to a presidential candidate shall inall good conscience reflect the sentiments ofthose who elected them.

K. 1. Based on the right of the DemocraticParty to freely assemble and todetermine the criteria for its candidates,it is determined that all candidates forthe Democratic nomination forPresident or Vice President shall:

a. be registered to vote, and shallhave been registered to vote in thelast election for the office ofPresident and Vice President; and

b. have demonstrated a commitment

to the goals and objectives of theDemocratic Party as determinedby the National Chair and willparticipate in the Convention ingood faith.

2. It is further determined that theserequirements are in addition to therequirements set forth by the UnitedStates Constitution and any law of theUnited States.

13. Fair Reflection of Presidential Preferences

A. Delegates shall be allocated in a fashion thatfairly reflects the expressed presidentialpreference or uncommitted status of theprimary voters or, if there is no bindingprimary, the convention and/or caucusparticipants.

B. States shall allocate district-level delegatesand alternates in proportion to thepercentage of the primary or caucus votewon in that district by each preference,except that preferences falling below afifteen percent (15%) threshold shall not beawarded any delegates. Subject to section F.of this rule, no state shall have a thresholdabove or below fifteen percent (15%). Stateswhich use a caucus/convention system,shall specify in their Delegate SelectionPlans the caucus level at which suchpercentages shall be determined.


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C. A presidential candidate or his/herauthorized representative(s) should act ingood faith to slate delegate and alternatecandidates, however, in any event, if apresidential candidate (includinguncommitted status) has qualified to receive

delegates and alternates but has failed toslate a sufficient number of delegate andalternate candidates, then additionaldelegates and alternates for that preferencewill be selected in a special post-primaryprocedure. The State Party will administerspecial post-primary procedures accordingto rules approved by the DNC Rules andBylaws Committee and such proceduresshould be set forth in the states delegateselection plan, where applicable.

D. District-level delegates and alternates shallbe allocated according to the followingprocedures:

Step 1: Tabulate the percentage of the votethat each presidential preference(including uncommitted status)receives in the congressional districtto three decimals.

Step 2: Retabulate the percentage of thevote to three decimals, received byeach presidential preferenceexcluding the votes of presidentialpreferences whose percentage inStep 1 falls below 15%.

Step 3: Multiply the number of delegates tobe allocated by the percentagereceived by each presidentialpreference.

Step 4: Delegates shall be allocated to eachpresidential preference based on thewhole numbers which result from

the multiplication in Step 3.Step 5: Remaining delegates, if any, shall be

awarded in order of the highestfractional remainders in Step 3.

E. At-large and pledged party leader andelected official delegate and alternatepositions shall be allocated to presidentialpreferences by reference to primary orconvention votes or to the division of

preference among district-level delegates oralternates, as the case may be, as specified inRule 10.C., except that a preference fallingbelow a threshold of fifteen percent (15%)shall not be awarded any delegates oralternates at this level. Such delegates and

alternates in primary states shall beallocated to presidential preference(including uncommitted status) accordingto the statewide primary vote.

F. In all situations where no preference reachesthe applicable threshold, the threshold shallbe the percentage of the vote received ateach level of the delegate selection processby the front-runner minus 10 percent.

G. Under no circumstances shall the use ofsingle-delegate districts be permitted.

H. For the purpose of fairly reflecting thedivision of preferences, the non-bindingadvisory presidential preference portion ofprimaries shall not be considered a step inthe delegate selection process and isconsidered detrimental. State parties musttake steps to educate the public that a non-binding presidential preference event ismeaningless, and state parties andpresidential candidates should take all stepspossible not to participate.

1. In a state that uses a caucus and/orconvention to determine presidentialpreference of voters, the plan mustprovide for the timely reporting of theelection results to the state party.

14. Petition Requirements andFiling Deadlines

A. If a state requires the filing of petitions withthe signatures of registered/enrolled votersas the sole method to place a presidentialcandidates name on the primary ballot inconnection with the Democratic presidentialnominating process, such number of validsignatures shall not exceed 5,000.

B. If a state requires the payment of a fee by apresidential candidate in connection withthe Democratic presidential nominatingprocess, such fee shall not exceed $2,500.


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C. If a state requires the filing of a petition withthe signatures of registered/enrolled votersin order to have a delegate/alternatecandidate gain access to the primary ballotin connection with the Democratic

presidential nominating process, thenumber of valid signatures shall not exceedeither one half of one percent (.5%) of theregistered/enrolled Democrats in suchdistrict or one half of one percent (.5%) ofthe total votes in such district for allDemocratic presidential candidates(including uncommitted) during theimmediately preceding presidentialnominating process, whichever is lower, butin no event shall the number of validsignatures required exceed 500.

D. Subject to the prior sections of this rule, thenumber of valid signatures required of apresidential candidate to file a petition togain access to the primary ballot, and thenumber of valid signatures required of adelegate/alternate candidate to gain accessto the primary ballot, and the fees requiredto be paid to the state by a presidentialcandidate and by a delegate/alternatecandidate to gain access to the primaryballot, in connection with the Democraticpresidential nominating process, shall notexceed those in effect in the particular stateas of January 1, 1994.

E. No deadline for the filing of petitions forparticipation in the presidential nominationprocess by a presidential candidate shall beless than 30 days in advance of the primaryor caucus nor more than 75 days in advanceof the primary or caucus.

F. No candidate for delegate or alternate shallbe required to file a statement of candidacyor a pledge of support as required by Rule12.B. prior to 30 days before such delegateor alternate candidate is to be selected orelected in a primary, caucus or pre-primarycaucus; provided, however, that in statesholding a presidential primary whereindividual district-level delegates oralternates are to be voted upon on the ballot,no candidate for delegate or alternate shallbe required to submit or file a statement of

candidacy or a pledge of support prior to 90days before the date on which they are to bevoted upon.

G. No candidate for at-large or pledged partyleader and elected official delegate oralternate shall be required to file a statementof candidacy or a pledge of supportrequired by Rule 12.B. prior to 30 daysbefore the date when the delegate oralternate is to be selected or voted upon.

H. No states delegate selection rules mayrequire the filing of district-level delegate oralternate candidates pledged to apresidential candidate or uncommittedstatus as a condition of access by apresidential candidate to the primary ballotfor voting upon presidential preference.

15. Quorum Requirements

No less than forty percent (40%) of the membersof any Party body above the first level of thedelegate selection process shall constitute aquorum for any business pertaining to theselection of convention delegates.

16. Proxy Voting

To insure full participation in the delegateselection process, state party rules may, at theirdiscretion, provide for proxy voting. Such rulesshall allow an accredited participant in acaucus, convention or committee meeting, afterhaving appeared at such meeting and havingestablished credentials, to register the non-transferable proxy with another duly accreditedparticipant at that meeting (except where anaccredited alternate is present and eligible toserve as a replacement). Unless otherwisespecified, a proxy shall be deemed to be general

and uninstructed. No such rule shall allow aperson to hold more than three (3) proxies at atime.17. Unit Rule and

Slate-Making

A. The unit rule, or any rule or practicewhereby all members of a Party unit ordelegation may be required to cast theirvotes in accordance with the will of a


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majority of the body, shall not be used atany stage of the delegate selection process.

B. Any individual or group of Democrats maysponsor or endorse a slate of candidates forconvention delegates. But no slate may, by

virtue of such endorsement, receive apreferential place on a delegate selectionballot or be publicly identified on the ballotas the official Democratic Party organizationslate, and all slates must meet identicalqualifying requirements for appearing on aballot at all levels of the delegate selectionprocess.

18. Alternates and Vacancies

A. Alternate delegates shall be selected by

primary, convention or committee processessubject to the same National Party Rulesapplicable to the selection of delegates,except that the provisions of Rule 9.A. shallnot apply to the election of alternates. EachState Democratic Chair shall certify allalternates in writing to the Secretary of theDNC.

B. If a given presidential preference is entitledto one or more delegate positions in a statebut would not otherwise be entitled to an

alternate position, that preference shall beallotted one at-large alternate position.

C. The proportions of alternates elected at thedistrict level, and at-large, and as pledgedparty leader and elected official alternates,may be the same as the proportions ofdelegates elected in those categories.

D. Each state Delegate Selection Plan shallspecifically provide how and under whatconditions an alternate is to replace or act in

lieu of (collectively referred to as replaceor replaces) a delegate.1. Delegate Selection Plans may specify

one or any combination of the followingalternatives for permanent andtemporary replacements:

a. The delegate chooses the alternate;

b. The delegation chooses thealternate;

c. The alternate who receives thehighest number of votes; or

d. Such other process as protects theinterests of presidential candidates,delegates and alternates.

2. A permanent replacement occurs whena delegate resigns or dies prior to andduring the National Convention and thealternate replaces the delegate for theremainder of the National Convention.Any alternate who permanentlyreplaces a delegate shall be certified inwriting to the Secretary of the DNC bythe State Democratic Chair. He/Sheshall be of the same presidentialpreference (including uncommittedstatus) and sex of the delegate he/shereplaces, and to the extent possible shallbe from the same political subdivisionwithin the state as the delegate; exceptin the case where the presidentialcandidate has only one alternate, inwhich case, that alternate shall becomethe certified delegate.

3. A temporary replacement occurs whena delegate is to be absent for a limitedperiod of time during the convention

and an alternate temporarily acts in thedelegates place. Any alternate whotemporarily replaces a delegate must beof the same presidential preference(including uncommitted status) as thedelegate he/she replaces, and to theextent possible shall be of the same sexand from the same political subdivisionwithin the state as the delegate.

E. A vacant alternate position shall be filled bythe delegation. The replacement shall be of

the same presidential preference (oruncommitted status), of the same sex and, tothe extent possible, from the same politicalsubdivision as the alternate being replaced.Each replacement of a vacant alternateposition shall be certified in writing to theSecretary of the DNC by the StateDemocratic Chair.


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19. DNC Rules and BylawsCommittee

A. The DNC Rules and Bylaws Committee willassist in the administration and enforce

affirmative action, inclusion and delegateselection requirements for the national andstate Democratic Parties.

B. The DNC Rules and Bylaws Committeeshall implement the Delegate SelectionRules in a manner consistent with theserules.

C. The DNC Rules and Bylaws Committee willprovide state parties with a model DelegateSelection, Affirmative Action Plan and

Inclusion Program.D. The DNC Rules and Bylaws Committee

shall:

1. review Affirmative Action Plans,Inclusion Programs and DelegateSelection Plans submitted by stateparties and approve or recommendchanges in such plans;

2. conduct periodic evaluations andprovide technical assistance to stateparties on affirmative action plan,inclusion program and delegateselection implementation;

3. hear and recommend solutions toaffirmative action plans and inclusionprograms complaints unresolved byappropriate state party bodies.

E. The DNC Rules and Bylaws Committeeshall retain jurisdiction over the approval ofamendments to state Delegate SelectionPlans and state delegation compliance withequal division requirements, even after theConvention Credentials Committee assumes jurisdiction over challenges to thecredentials of delegates.

F. No later than December 15, 2010, the DNCRules and Bylaws Committee shall send tostate parties its regulations adoptedpursuant to these rules and a checklist.

G. The DNC shall allocate sufficient financialresources and staff to implement this rule.

20. Challenges

A. Jurisdictional Challenges. Any challengesto a state party organization in respect to itsstatus as the body entitled to sponsor adelegation from that state must bepresented to the DNC at any time up tothirty (30) days prior to the initiation of thestates delegate selection process. Such achallenge must be brought by at least fifteen(15) Democrats from the state.

B. Submission, Non-Implementation andViolation Challenges. Failure to submit orimplement an approved affirmative actionprogram and inclusion program by thedeadline specified in these rules shallconstitute grounds for a challenge with theburden of proof on the challenged party.

1. At any time up to thirty (30) days priorto the initiation of the states delegateselection process, any group of not lessthan fifteen (15) Democrats in that statecan challenge the affirmative action planand inclusion program on the basis of

non-implementation of a specificrequirement of a state plan, whichchallenge shall include reasonabledocumentation of alleged violations. (Insuch challenges, the challenging partyshall have the burden of proof, but thechallenged party shall present its casefirst.)

a. In the absence of any suchchallenge, the implementation ofany such program shall be

presumptively in compliance.

b. If challenged and upheld, thecompliance of such implementationprograms shall be conclusive but notas to compliance or non-compliancethat may occur after the date of thechallenge.


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2. Challenges regarding alleged violationof an approved Delegate Selection Planshall first be brought to the appropriatestate Democratic Party body for adecision to be rendered within twenty-one (21) days. After due notice, any

aggrieved party shall have the right toappeal to the DNC Rules and BylawsCommittee within ten (10) daysfollowing the decision of the state bodyaccording to procedures established byDNC Rules and Bylaws Committee.

3. The DNC Rules and Bylaws Committeeshall either certify compliance, certifynon-compliance or require correctiveaction after which compliance or non-compliance shall be certified.

C. 1. a. Violation of timing: In the event theDelegate Selection Plan of a stateparty provides or permits a meeting,caucus, convention or primarywhich constitutes the firstdetermining stage in thepresidential nominating process tobe held prior to or after the dates forthe state as provided in Rule 11 ofthese rules, or in the event a stateholds such a meeting, caucus,convention or primary prior to orafter such dates, the number ofpledged delegates elected in eachcategory allocated to the statepursuant to the Call for the NationalConvention shall be reduced by fifty(50%) percent, and the number ofalternates shall also be reduced byfifty (50%) percent. In addition,none of the members of theDemocratic National Committeeand no other unpledged delegateallocated pursuant to Rule 9.A. fromthat state shall be permitted to voteas members of the states delegation.In determining the actual number ofdelegates or alternates by which thestates delegation is to be reduced,any fraction below .5 shall berounded down to the nearest wholenumber, and any fraction of .5 orgreater shall be rounded up to thenext nearest whole number.

b. A presidential candidate whocampaigns in a state where the stateparty is in violation of the timingprovisions of these rules, or where aprimary or caucus is set by a states

government on a date that violatesthe timing provisions of these rules,may not receive pledged delegatesor delegate votes from that state.Candidates may, however,campaign in such a state after theprimary or caucus that violates theserules. Campaigning for purposesof this section includes, but is notlimited to, purchasing print,internet, or electronic advertisingthat reaches a significant percentage

of the voters in the aforementionedstate; hiring campaign workers;opening an office; making publicappearances; holding newsconferences; coordinating volunteeractivities; sending mail, other thanfundraising requests that are alsosent to potential donors in otherstates; using paid or volunteerphoners or automated calls tocontact voters; sending emails orestablishing a website specific tothat state; holding events to whichDemocratic voters are invited;attending events sponsored by stateor local Democratic organizations;or paying for campaign materials tobe used in such a state. The Rulesand Bylaws Committee willdetermine whether candidateactivities are covered by this section.

2. Violation of proportional representation:In the event the Delegate Selection Planof a state party provides or permits thepledged delegates or alternates to beallocated to a presidential preference(including uncommitted status) otherthan as provided under Rule 13 of theserules, or in the event a state party, infact, allocates its pledged delegates oralternates to a presidential preference(including uncommitted status) otherthan as provided under Rule 13 of theserules, the delegation of the state shall be


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reduced by the same amount and asprovided in section C.(1) of this rule.

3. Violation of the threshold: In the eventthe Delegate Selection Plan of a stateparty provides or permits a threshold

other than fifteen percent (15%) percentas set forth in Rule 13 of these rules, orin the event a state party in fact permitsthe implementation of a threshold otherthan fifteen percent (15%) percent asprovided in Rule 13 of these rules, thedelegation of the state shall be reducedby the same amount and as provided insection C.(1) of this rule.

4. Upon a determination of the DNC Rulesand Bylaws Committee that a state is in

violation as set forth in subsections (1),(2) or (3) of section C. of this rule, thereductions required under thosesubsections shall become effectiveautomatically and immediately andwithout further action of the DNC Rulesand Bylaws Committee, the ExecutiveCommittee of the DNC, the DNC or theCredentials Committee of theDemocratic National Convention.

5. Nothing in the preceding subsections ofthis rule shall be construed to preventthe DNC Rules and Bylaws Committeefrom imposing additional sanctions,including, without limitation, thosespecified in subsection (6) of this sectionC., against a state party and against thedelegation from the state which issubject to the provisions of any ofsubsections (1) through (3) of thissection C., including, without limitation,establishing a committee to propose andimplement a process which will result inthe selection of a delegation from theaffected state which shall (i) be broadlyrepresentative, (ii) reflect the statesdivision of presidential preference anduncommitted status and (iii) involve asbroad participation as is practicableunder the circumstances.

6. Nothing in these rules shall prevent theDNC Rules and Bylaws Committeefrom imposing sanctions the Committee

deems appropriate with respect to astate which the Committee determineshas failed or refused to comply withthese rules, where the failure or refusalof the state party is not subject tosubsections (1), (2) or (3) of this section

C. Possible sanctions include, but arenot limited to: reduction of the statesdelegation; pursuant to Rule 21.C.,recommending the establishment of acommittee to propose and implement aprocess which will result in the selectionof a delegation from the affected statewhich shall (i) be broadlyrepresentative, (ii) reflect the statesdivision of presidential preference anduncommitted status and (iii) involve asbroad participation as is practicable

under the circumstances; reducing, inpart or in whole, the number of thestates members to the StandingCommittees; reducing, in part or inwhole, the number of guests, VIP andother passes/tickets to the NationalConvention and related functions;assignment of location of the statesdelegates and alternates in theConvention hall; and assignment of thestates housing and other conventionrelated facilities.

7. In the event a state shall become subjectto subsections (1), (2) or (3) of section C.of this rule as a result of state law butthe DNC Rules and Bylaws Committee,after an investigation, includinghearings if necessary, determines thestate party and the other relevantDemocratic party leaders and electedofficials took all provable, positive stepsand acted in good faith to achievelegislative changes to bring the state lawinto compliance with the pertinentprovisions of these rules and determinesthat the state party and the otherrelevant Democratic party leaders andelected officials took all provable,positive steps and acted in good faith inattempting to prevent legislativechanges which resulted in state law thatfails to comply with the pertinentprovisions of these rules, the DNC Rulesand Bylaws Committee shall determine


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that all or a portion of the statesdelegation shall not be reduced. Thestate party shall have the burden ofproving by clear and convincingevidence that it and the other relevantDemocratic party leaders and elected

officials took all provable, positive stepsand acted in good faith to achievelegislative changes to bring the state lawinto compliance with the pertinentprovisions of these rules and that it andthe other relevant Democratic partyleaders and elected officials took allprovable, positive steps and acted ingood faith in attempting to prevent thelegislative changes which resulted instate law that fails to comply with thepertinent provisions of these rules.

8. A state party may provide in itsDelegate Selection Plan the specificmethod and procedures by which it willreduce its delegation pursuant to thisRule 20 in the event the state party ordelegation becomes subject to this Rule20 by which categories of delegatesmust be reduced by fifty percent (50%)percent, which specific method andprocedures shall be subject to the reviewand approval of the DNC Rules andBylaws Committee. In the event astates Delegate Selection Plan does notprovide for the specific method andprocedures referred to in theimmediately preceding sentence, or inthe event the states Delegate SelectionPlan is either not approved by the DNCRules and Bylaws Committee or thespecific method and procedures referredto in the first sentence of this subsection(8) are not approved by the DNC Rulesand Bylaws Committee, or in the event astates Delegate Selection Plan specifiesthe method and procedures which havebeen approved by the DNC Rules andBylaws Committee, but the state partyfails or refuses to implement thosespecific method and procedures, and inthe event the states delegation isrequired to be reduced pursuant to thisRule 20, then the DNC Rules andBylaws Committee shall, by lottery, orother appropriate method determined

by the DNC Rules and BylawsCommittee, determine which delegatesand alternates shall not be a part of thestates delegation in order to achieve thereduction of the states delegationpursuant to this Rule 20. Any reduction

of delegates under this provision shallbe accomplished in a manner whichcomplies with the requirement ofproportional representation as providedfor in Rule 13.

9. Except as provided by subsection (7) ofthis section C., the fact that a state partytook provable, positive steps asprovided in Rule 21 of these rules shallnot preclude the states delegation frombeing subject to the sanctions set forth in

subsections (1), (2), (3), (4) and (5) of thissection C.

D. Unresolved Challenges and Report to theCredentials Committee. The DNC Rules andBylaws Committee shall report its activities,together with all challenges and complaints,to the Credentials Committee of theDemocratic National Convention. In casesinvolving unresolved challenges which areappealed to the Credentials Committee, theburden of proof shall rest with the partypresenting the challenge.

21. State Legislative Changes

A. Subject to Rule 19.C. of these Rules,wherever any part of any section containedin these rules conflicts with existing statelaws, the state party shall take provablepositive steps to achieve legislative changesto bring the state law into compliance withthe provisions of these rules.

B. Provable positive steps shall be taken in atimely fashion and shall include, but not belimited to: the drafting of correctivelegislation; public endorsement by the stateparty and the other relevant Democraticparty leaders and elected officials of such


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legislation; efforts to educate the public onthe need for such legislation; active supportfor the legislation by the state partylobbying state legislators, other publicofficials, Party officials and Party members;and encouraging consideration of the

legislation by the appropriate legislativecommittees and bodies.

C. A state party may be required by a vote ofthe DNC Executive Committee upon arecommendation of the DNC Rules andBylaws Committee to adopt and implementan alternative Party-run delegate selectionsystem which does not conflict with theserules, regardless of any provable positivesteps the state may have taken.

dnc 2012 delegate selection rules

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