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National
Committee
Procedures for Contests of Elections of
Delegates and Alternate Delegates to the
2016 Republican National Convention
Pursuant to its authority under Rule No. 24(a) of The Rules of the Republican Party (the
Rules), the Standing Committee on Contests has adopted the following procedural rules (the
Procedures) for the resolution of delegate contests:
1.
Contest Origination. Monday, June 13, 2016, is the deadline for filing with the
Secretary of the Republican National Committee (RNC) the credentials of each
person who claims the right to serve as a delegate or alternate delegate. See Rule No.
20(c) (credentials must be filed no later than 35 days before the convening of the
national convention). A delegate contest is deemed to exist when either (1) a state
certifies and forwards more than the authorized number of delegates allotted by the
RNC; or (2) a resident of a state who is eligible to serve as a delegate claims that
according to procedures set forth in the Rules, one or more delegates from that persons
district or state have been selected by means which violate the Rules. See Rule No. 21;
Rule No. 19(b).
2.
Types of Contests. Contests can involve either or both congressional district and atlarge delegates and alternate delegates. See Rule No. 21.
3.
A.
B.
C.
Contests deemed to exist due to a states certifying more than the authorized
delegates are reviewed by the RNC. The Committee on Contests may (but is
not obligated to) take up the matter.
Notice of Contest. Any parties who seek to contest the right of any person(s) to serve
as delegate(s) or alternate delegate(s) must file a written Notice of Contest with the
Secretary of the RNC on or before Saturday, June 18, 2016. This Notice shall be
Paid for by the Republican National Committee
Not Authorized By Any Candidate Or Candidate's Committee
www.gop.com
sent by registered mail and email. This Notice shall be sent simultaneously by
registered mail to the person or persons being challenged. A notice must:
A.
Identify the name and address of the person filing the notice.
B.
C.
State the grounds of the contest and the basis of the contestants claim to sit as
a delegate or alternate delegate to the national convention. See Rule No. 23(a).
4.
Definitions. Delegates and alternate delegates whose credentials are filed with the
Secretary by state party officials or state elections officials on forms provided by the
Secretary are referred to as respondents. Persons challenging respondents are
referred to as contestants. If two or more persons rely on the same justification in a
contest, such persons may act as a group, and the group will be referred to collectively
as a contestant or a respondent as the case may be. All contestants and
respondents in a particular contest are referred to as parties to the contest.
5.
Contestant Statement of Position. By June 22, 2016, each contestant must file a
Statement of Position (a brief) in support of the claim to sit as a delegate or alternate
delegate to the National Convention.
6.
A.
The Statement of Position must be filed with the Secretary of the RNC by
registered mail and email.
B.
C.
Each Statement of Position must begin with a summary of not more than one
thousand (1,000) words setting forth succinctly (i) a synopsis of the Statement
of Position and (ii) a specific statement of the points relied upon. See Rule No.
24(b).
Respondent Statement of Position. By June 27, 20161, each respondent must file a
Response Statement of Position (a brief) in defense of the claim to sit as a delegate or
alternate delegate to the National Convention
A.
The Response Statement of Position must be filed with the Secretary of the
RNC by registered mail and email.
The Rules mandate that Statements of Position be filed no later than 22 days before the convening of the National
Convention. This is Sunday, June 26, 2016. As the deadline falls on a Sunday, Rule 24(a) requires the deadline
to be moved to the following day, Monday, June 27, 2016.
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7.
B.
C.
Each Statement of Position must begin with a summary of not more than one
thousand (1,000) words setting forth succinctly (i) a synopsis of the Statement
of Position and (ii) a specific statement of the points relied upon. See Rule No.
24(b).
Committee Meeting and Report. The Committee on Contests shall then make a report
for all contests filed.
A.
B.
8.
The Committee on Contests will meet in Washington, D.C. on a date set by the
Chairman of the Committee that is as early as practicable after receiving the
Statements of Position of the parties to all contests and shall produce a report
for each contest setting forth:
1.
2.
the statute and rule, if any, under which the contest is waged;
3.
4.
5.
A copy of the report on each contest shall be signed by the Committee Chairman
and forwarded by overnight mail (or other faster method that provides written
evidence of receipt) to each of the parties. See Rule No. 24(d).
A notice of the Partys intent to object must be filed with the Secretary of the
RNC through the RNC Counsels Office by 5:00 p.m. eastern daylight time
(EDT) on the third (3rd) calendar day after the Committees issuance of its
report.
B.
A written Objection must be filed with the Secretary of the RNC or her agent
by 5:00 p.m. EDT on the eighth (8th) calendar day after the Committees
issuance of its report and a copy provided to the opposing Party.
D.
Such Objections will contain any additional statement of law or fact that has
not previously been presented to the Committee and that is involved in and
necessary to be decided in the contest. See Rule No. 24(e).
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E.
9.
Statements of Fact and Affidavits. Each statement of fact in documents filed pursuant
to paragraphs 5, 6 and 8 shall be supported by a notarized affidavit of a person with
firsthand knowledge of such facts.
10.
Request for Oral Hearing. Any request for a hearing in the convention city must be
filed with the Secretary of the RNC through the RNC Counsels Office along with the
notice of intent to file a written Objection by 5:00 p.m. EDT on the third (3rd) calendar
day after the Committees issuance of its report. (This request for oral hearing may be
withdrawn at any time by the moving party.).
11.
B.
C.
Challenges from the same state based on substantially similar facts and rules
may be consolidated for hearing by the Committee. The Chairman shall
determine whether all contests involving a single state shall be heard together,
and, if not, the order of consideration of contests involving a single state. If
challenges are consolidated, the consolidated parties shall select representatives
to make or supervise their respective presentations of evidence and oral
argument.
D.
Upon majority vote of the Committee on Contests, each party to a contest may
present an argument personally or by counsel and may present witnesses, but
such presentation shall be limited to matters raised in written briefs and
Objections filed with respect to any contest and matters relating thereto.
E.
Contestants shall have the right to a ten (10) minute opening statement and a
ten (10) minute closing statement. Respondents shall have the right to a ten
(10) minute answering statement following the opening statement and to a ten
(10) minute closing statement following the closing statement of the
contestants. The Contestant may present his or her case and reserve a portion of
his or her time to rebut the evidence or oral argument of the challenged
delegate(s). Cross examination will not be allowed.
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12.
F.
G.
H.
I.
Any member of the Committee may question any person who has submitted
evidence or presented oral argument in a hearing after the completion of the
presentation of evidence and oral argument by all parties in that contest. With
the consent of the Chairman, a partys counsel or representative may refer a
question from a member of the Committee to a witness present at the hearing
who has been previously sworn in. The time for such questioning shall be in
addition to the time allowances set forth in subparagraph E above.
J.
K.
The Committee on Contests shall have the right to go into Executive Session at
any time, including the right to meet in Executive Session upon the conclusion
of any hearing to discuss the evidence and oral arguments presented.
L.
M.
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may not participate in the hearing process or discussions on any Contest during any
hearing.
13.
Burden of Proof. The delegates and alternates whose names have been submitted to
the Secretary of the Republican National Committee by a state Republican party shall
be presumed to be the duly elected delegates and alternates of that state. Any person
challenging a delegate or alternate whose name has been submitted to the Secretary of
the Republican National Committee by a state Republican party has the burden of
proving, by a preponderance of the evidence, the validity of the challenge to the
persons right to be seated as a delegate or alternate.
14.
Revised Committee Report. Following any hearing, the Committee will promptly
decide the statement of law and fact, recommend findings and conclusions, and prepare
a report including its Recommendations for Resolution (Contest Committees
Report). The Secretary of the RNC shall furnish copies of the Contest Committees
Report to all parties.
15.
Consideration by RNC. At the General Session of the 2016 RNC Summer Meeting,
the RNC will hear the Contest Committees Report setting out the recommendations of
the Committee in each contest. The RNC may, by a majority vote, adopt the
Committees Report as a whole or as amended by the RNC. The members of the
Convention Committee on Credentials will be notified of the time and place of the
RNCs meeting for observation purposes, but will not participate in the discussion. The
Secretary of the RNC shall furnish copies of the Committee Report and
Recommendation as adopted by the full RNC (RNCs Report), to all parties.
16.
17.
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18.
19.
Counsel. The Committee on Contests shall be advised by John Ryder, General Counsel
of the RNC, as well as the RNC Counsels Office, and optional outside counsel.
20.
21.
Filing Information. All filings and submissions must be sent by email, mail, and
submitted using the electronic dropbox established by the Committee on Contests.
Filings will be considered timely filed if they are received by email before the deadline
and sent by mail, or hand delivery, and postmarked, or actually received, before the
deadline.
22.
All documents to be filed with the Secretary of the RNC shall be mailed to:
The Honorable Susie Hudson
Republican National Committee
Attn.: Counsels Office - CONTESTS
310 First Street, S.E.
Washington, D.C 20003
B.
C.
23.
24.
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any attorney or agent of such party) with respect to such contest, the member shall
inform the Committee Chairman of the details of the communication. Provided,
however, that the Committee Chairman shall be permitted to engage in such
communications pursuant to any attempt to negotiate a settlement of the contest.
25.
26.
Amendment of these Procedures. The Committee may meet at any time to amend these
procedures. Furthermore, the Chairman of the Committee may amend these procedures
with the unanimous consent of the Committee members without a meeting.
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