Democratic National Committee Release - Democratic National Committee Delegate Selection Rules for the 2004 Convention

8/15/2019 Democratic National Committee Release - Democratic National Committee Delegate Selection Rules for the 2004

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Adopted by the Democratic National Committee

at its meeting January 19, 2002.

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A. State parties shall adopt AffirmativeAction and Delegate Selection Planswhich contain explicit rules andprocedures governing all aspects of thedelegate selection process. These rulesshall include, but are not limited to:

(1) Procedures for electing andcertifying delegates and alternatesat all levels;

(2) Timing of primary/caucuses/conventions;

(3) Procedures providing for equaldivision in each states conventiondelegation;


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(4) Procedures providing for theselection of the chair of thedelegation;

(5) Particulars concerning thescheduling of delegate selectionmeetings including methods bywhich each meeting or event will be

publicized;

(6) Affirmative Action Plans in detailincluding affirmative actionobligations of presidentialcandidates;

(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 presidentialcandidate right of approval;

(10) Method of awarding delegates andalternates to presidential candi-dates;

(11) Methods and timetable for theselection of permanent standingcommittee members;

(12) Methods and timetable for theselection of temporary standingcommittee members;

(13) Procedures for challenges of thedelegate selection and affirmativeaction processes;

(14) Methods and timetable for theselection of convention pages; and

(15) Other appropriate provisions fromthese Rules, the Call and the

Regulations.

B. The following items are to be routinelyincluded at an appropriate place in eachstate plan:

(1) Eligibility requirements forparticipation in the delegateselection process in conformancewith Rule 2 [Rule 2];

(2) Prohibition of cost and fees [Rule2.D.];

(3) Prohibition of participation by thoseparticipating in another partysprocess [Rule 2.E.];

(4) One-meeting limitation for first-stage

participants [Rule 3.E.];

(5) Six basic elements of an openparty [Rule 4];

(6) Non-discrimination principles [Rule5];

(7) Requirement that all steps takeplace within calendar year ofconvention [Rule 10.B.];

(8) Required identification of preference

of candidates for delegate andalternate [Rule 11.A.];

(9) Protection against coerced vote[Rule 11.I.];

(10) Quorum requirements [Rule 14];

(11) Proxy voting rules, if any [Rule 15];

(12) Unit rule prohibition [Rule 16.A.];

(13) Slate making limitations [Rule16.B.]; and

(14) Succession of alternates to delegatestatus and filling of vacancies indelegate positions [Rule 17].

C. Each state party shall provide for a thirty(30) day1 period of public comment tosolicit opinion on the states AffirmativeAction Plan and Delegate Selection Planprior to adoption. All written publiccomments submitted to the stateDemocratic Committee shall besubmitted along with the plans to the

Rules and Bylaws Committee of theDemocratic National Committee (DNCRules and Bylaws Committee).

D. State Delegate Selection and AffirmativeAction Plans shall be submitted to theDNC Rules and Bylaws Committee forapproval on or before May 1, 2003.

1Unless otherwise explicitly specified, reference in these Rules to day or days

means calendar days. If the last day of a period falls on a Saturday, Sunday or afederally recognized holiday, the time period shall be extended to the nextbusiness day.


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E. The DNC Rules and Bylaws Committeeshall act on the proposed plans as soonas practicable, but in no case later thanSeptember 16, 2003, or four monthsbefore the respective states firstdetermining step, whichever is earlier. Itsdecision shall be final and binding.

F. Implementation of state AffirmativeAction Plans shall begin no later thanSeptember 16, 2003, or four monthsbefore the respective states firstdetermining step, whichever is earlier.

G. State Delegate Selection Plans shallspecify the methods and timetable to befollowed in selecting permanent andtemporary members of standingcommittees of the national convention.These procedures shall be in conformitywith the rules to be contained in the Call

for the 2004 Convention.

H. The Democratic National Committee(DNC) and the state parties shallpublish and make available at no costtheir rules, the 2004 National DelegateSelection Rules, and a clear and conciseexplanation of how Democratic voterscan participate in the delegate selectionprocess. The DNC shall prepare andprovide at no cost to state parties a clearand concise explanation of the 2004Delegate Selection Rules. This shall bedone no later than October 1 of the

calendar year immediately preceding thecalendar year of the national convention.

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

(1) Democratic voters shall be thosepersons who publicly declare theirParty preference and have that

preference publicly recorded.

(2) Implementation of thisadministrative matter shall bedelegated to the DNC Rules andBylaws 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 openparticipation to members of other parties.

C. State parties shall take all feasible stepsto encourage non-affiliated and newvoters to register or enroll, to providesimple procedures through which theymay do so and to eliminate excessivelylong waiting periods for voters wishing toregister or to change their partyenrollment status. In all caucuses or

conventions conducted pursuant to theserules, all Democrats who comply withRule 2.A, 2.A.(1), 2.A.(2). shall beallowed to participate.

D. At no stage of the delegate selectionprocess shall any person be required,directly or indirectly, to pay a cost or feeas a condition for participating in thedelegate selection process. Voluntarycontributions to the Party may be made,but under no circumstances shall acontribution be mandatory for

participation.

E. No person shall participate or vote in thenominating process for a Democraticpresidential candidate who alsoparticipates in the nominating processesof any other party for the correspondingelections.

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A. All official Party meetings and eventsrelated to the national conventiondelegate selection process, includingcaucuses, conventions, committeemeetings, filing dates, and Partyenrollment periods, shall be scheduledfor dates, times and public places whichwould be most likely to encourage theparticipation of all Democrats, and mustbegin and end at reasonable hours.

B. All such meetings or events which are thefirst meeting or event in the delegateselection process shall be scheduled at

times and dates which are uniformthroughout the state, except where it isestablished by the state party andapproved by the DNC Rules and BylawsCommittee that such uniform times anddates would significantly reduceparticipation in the delegate selectionprocess.

C. The times, dates, places, and rules forthe conduct of all caucuses, conventions,meetings and other events involved in the


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delegate selection process shall beeffectively publicized by the Partyorganization, official, candidate ormember calling the same.

D. Concise statements in advance of allmeetings and events concerning therelationship between the business to be

conducted and the delegate selectionprocess shall be effectively publicized bythe Party organization, official, candidateor member calling the same.

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

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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 Partyrules and to take appropriate steps tosecure their implementation.

B. The 1964 Democratic NationalConvention adopted a resolution whichconditioned the seating of delegates atfuture conventions on the assurancesthat discrimination in any state partyaffairs on the ground of race, color, creedor national origin did not occur. The 1968

Convention adopted the 1964 Conventionresolution for inclusion in the Call for the1972 Convention. In 1966, the SpecialEqual Rights Committee, which had beencreated in 1964, adopted six anti-discrimination standards designatedas the Six Basic Elements, which, asupdated, are as follows:

(1) All public meetings at all levels ofthe Democratic Party in each stateshould be open to all members ofthe Democratic Party regardless of

race, sex, age, color, creed, nationalorigin, religion, ethnic identity,sexual orientation, economic statusor physical disability (hereinaftercollectively referred to as status).

(2) No test for membership in, nor anyoaths of loyalty to, the DemocraticParty in any state should berequired or used which has theeffect of requiring prospective orcurrent members of the DemocraticParty to acquiesce in, condone or

support discrimination based onstatus.

(3) The time and place for all publicmeetings of the Democratic Partyon all levels should be publicizedfully and in such manner as toassure timely notice to all interested

persons. Such meetings must beheld in places accessible to all Partymembers and large enough toaccommodate all interestedpersons.

(4) The Democratic Party, on all levels,should support the broadestpossible registration withoutdiscrimination based on status.

(5) The Democratic Party in each stateshould publicize fully and in such a

manner as to assure notice to allinterested parties a full descriptionof the legal and practical proceduresfor selection of Democratic Partyofficers and representatives on alllevels. Publication of theseprocedures should be done in suchfashion that all prospective andcurrent members of each stateDemocratic Party will be fully andadequately informed of the pertinentprocedures in time to participate ineach selection procedure at alllevels of the Democratic Party

organization.

(6) The Democratic Party in each stateshould publicize fully and in such amanner as to assure notice to allinterested parties a completedescription of the legal and practicalqualifications of all positions asofficers and representatives of thestate Democratic Party. Suchpublication should be done in timelyfashion so that all prospectivecandidates or applicants for any

elected or appointed position withineach state Democratic Party willhave full and adequate opportunityto compete for office.

C. These provisions demonstrate theintention of the Democratic Party toensure a full opportunity for all status(as defined in Rule 4.B.(1)) members toparticipate in the delegate selectionprocess.


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A. In order that the Democratic Party at alllevels be an open Party which includesrather than excludes people fromparticipation, a program of effectiveaffirmative action is hereby adopted.

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

C. In order to continue the DemocraticPartys ongoing efforts to include groupshistorically under-represented in theDemocratic Partys affairs, by virtue ofrace, ethnicity, age, sexual orientation ordisability, each state party shall developand submit Party outreach programs,including recruitment, education andtraining, in order to achieve fullparticipation by such groups and diversityin the delegate selection process and atall levels of Party affairs.

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A. In order to encourage full participation byall Democrats in the delegate selectionprocess and in all Party affairs, thenational and state Democratic Partiesshall adopt and implement affirmativeaction programs with specific goals and

timetables for African Americans,Hispanics, Native Americans, Asian/Pacific Americans and women.

(1) The goal of such affirmative actionshall be to encourage participationin the delegate selection processand in Party organizations at alllevels by the aforementioned groupsas indicated by their presence in theDemocratic electorate.

(2) This goal shall not be accomplished

either directly or indirectly by thePartys imposition of mandatoryquotas at any level of the delegateselection process or in any otherParty affairs.

(3) In the selection of each states at-large delegation, priority ofconsideration shall be given toAfrican Americans, Hispanics,Native Americans, Asian/PacificAmericans and women, if suchpriority of consideration is needed to

fulfill the affirmative action goalsoutlined in the states DelegateSelection Plan. Such remedialaction is necessary in order toovercome the effects of pastdiscrimination. Use of the at-largedelegation to fulfill the plansaffirmative action goals does not

obviate the need for the state partyto conduct outreach activities suchas recruitment, education andtraining. Priority of considerationshall also be given to other groupsas described in Rule 5.(C), whichare under-represented in Demo-cratic Party affairs, in order to assistin the achievement of fullparticipation by these groups.

B. Performance under an approvedAffirmative Action Plan and composition

of the convention delegation shall beconsidered relevant evidence in thechallenge to any state delegation. If astate party has adopted and implementedan approved affirmative action program,the state party shall not be subject tochallenge based solely on delegationcomposition or primary results.

C. State Delegate Selection Plans shallprovide for equal division betweendelegate men and delegate women andalternate men and alternate womenwithin the states entire convention

delegation. For purposes of this rule, theentire delegation includes all pledgeddelegates and alternates and unpledgeddelegates (including unpledged partyleaders and elected official delegates andunpledged add-on delegates).

(1) State Delegate Selection Plansshall, as far as mathematicallypracticable, also provide for equaldivision between district-leveldelegate men and delegate womenand district-level alternate men and

alternate women.

(2) The DNC Rules and BylawsCommittee shall have continuing

jurisdiction to ensure compliancewith this equal division requirement.No at-large delegate or alternatefrom a state shall be placed on thetemporary roll of the 2004Democratic National Conventionunless the Rules and BylawsCommittee has certified to the


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Secretary of the DemocraticNational Committee that suchstates delegation complies withthis equal division rule. It shallbe the duty of the DNC Rulesand Bylaws Committee todetermine such compliance assoon as practicable following

the certification of the states at-large delegates and alternates.

(3) Notwithstanding sub-paragraphA.(2) above, equal division at anylevel of delegate or committeepositions between delegate menand delegate women or committee-men and committeewomen shall notconstitute a violation of anyprovision thereof.

D. For purposes of providing adequate

notice of the delegate selection processunder Rule 3, the times, dates, placesand rules for the conduct of all caucuses,conventions, meetings and other eventsinvolved in the delegate selectionprocess shall be effectively publicized,bilingually where necessary, toencourage the participation of minoritygroups.

E. State Democratic Parties shall ensurethat district lines used in the delegateselection process are not gerrymanderedto discriminate against African

Americans, Hispanics, Native Americans,Asian/Pacific Americans or women.

F. Each state Affirmative Action Plan shallprovide for the appointment of arepresentative state Affirmative ActionCommittee by March 1, 2003. Before thestate party submits its Plan to the DNCRules and Bylaws Committee, theAffirmative Action Committee shall reviewthe proposed outreach program requiredin Rule 5.C.

G. Each state affirmative action programshall include outreach provisions toencourage the participation andrepresentation of persons of low andmoderate income, and a specific plan tohelp defray expenses of those delegatesotherwise unable to participate in thenational convention.

H. State parties in their Delegate SelectionPlans shall impose reasonable specificaffirmative action obligations upon

candidates consistent with the delegateselection system employed by the state.

(1) State parties shall requirepresidential candidates to submitstatements that specify what stepssuch candidates will take toencourage full participation in their

delegate selection process,including, but not limited to,procedures by which persons mayfile as candidates for delegate oralternate.

(2) State parties shall requirepresidential candidates to submitdemographic information withrespect to candidates for delegateand alternate pledged to them.

I. Presidential candidates (including

uncommitted status) shall use their bestefforts to ensure that their respectivedelegations at each level within a statesdelegation shall achieve the affirmativeaction goals established by the statesDelegate Selection Plan and that therespective delegations of eachpresidential candidate within the statesdelegation shall be equally dividedbetween men and women.

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

(1) A formula giving equal weight tototal population and to the averageof the vote for the Democraticcandidates in the two most recentpresidential elections;

(2) A formula giving equal weight to thevote for the Democratic candidates

in the most recent presidential andgubernatorial elections;

(3) A formula giving equal weight to theaverage of the vote for theDemocratic candidates in the twomost recent presidential electionsand to Democratic Party registrationor enrollment as of January 1, 2004;or


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(4) A formula giving one-third (D)weight to each of the formulas initems (1), (2), and (3).

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

Democratic strength.

C. The Call for the 2004 Convention shallstate the base delegation for eachdelegation. Seventy-five percent (75%) ofeach states base delegation shall beelected at the congressional district levelor lower. Twenty-five percent (25%) ofeach states base delegation shall beelected at large. Delegates so electedshall hereafter be termed district-leveland at-large delegates, respectively.Each State Democratic Chair shall certify

all delegates in writing to the Secretary ofthe DNC.

D. In those states with more than onecongressional district, after the election ofdistrict-level delegates and prior to theselection of at-large delegates, eachState Democratic Chair shall certifypledged party leader and elected officialdelegates equal to 15% of the statesbase delegation selected pursuant toRule 8.

E. The election of district-level and at-large

delegates and alternates may take placeat the same meeting, provided thatdistrict-level delegates are selected first.In states with one congressional districtthe election of delegates selected inaccordance with Rules 8.B., 8.C., and9.A., may be conducted simultaneously.In all cases, affirmative action and fairreflection guidelines must be met and theDemocratic Chair of each such stateshall make the certifications required bysubsection 7.D.

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

Not later than March 1, 2004, theSecretary of the Democratic NationalCommittee shall officially confirm to each

State Democratic Chair the names of thefollowing unpledged delegates wholegally reside in their respective state andwho shall be recognized as part of theirstates delegation:

(1) The individuals recognized asmembers of the DNC (as set forth in

Article Three, Sections 2 and 3 ofthe Charter of the Democratic Partyof the United States); and,

(2) The Democratic President and theDemocratic Vice President of theUnited States, if applicable; and,

(3) All Democratic members of theUnited States House ofRepresentatives and all Democraticmembers of the United StatesSenate; and,

(4) The Democratic Governor2, ifapplicable; and,

(5) All former Democratic Presidents,all former Democratic VicePresidents, all former DemocraticLeaders of the U.S. Senate, allformer Democratic Speakers of theU.S. House of Representatives andDemocratic Minority Leaders, asapplicable, and all former Chairs ofthe Democratic National Committee.

B. Following the selection of district-leveldelegates, and prior to the selection ofpledged party leader and elected officialdelegates, unpledged add-on delegatesshall be selected according to thefollowing procedures:

(1) Unpledged add-on delegates maybe selected by either the sameselecting body which will select thestates party leader and electedofficial delegates, or by the sameselecting body which will select the

states at-large delegates andalternates.

(2) The equal division and affirmativeaction provisions of Rule 9.A. applyto the selection of unpledged add-ondelegates.

2The Mayor of the District of Columbia, if a Democrat, shall be treated as a

Democratic Governor.


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(3) The list from which the selectingbody chooses the unpledged add-ondelegates shall contain the sameminimum number of names forevery such add-on position to befilled as the minimum number ofnames required by the statesdelegate selection plan to remain on

the list of bona fide supporters foreach at-large and pledged partyleader and elected official delegatepursuant to Rule 11.E.(2).

(4) Unpledged add-on delegates arenot entitled to alternates, andneither shall the delegation beentitled to a replacement, except inthe case of death.

(5) Unpledged add-on delegates maybe selected whether or not they

previously filed a statement ofcandidacy for a delegate position orsubmitted a pledge of support for apresidential candidate.

C. Following the selection of unpledged add-on delegates under 8.B., pledged partyleader and elected official delegates areto be selected subject to the followingprocedures:

(1) Persons shall be considered forpledged party leader and electedofficial delegates and alternates

according to the following priority:big city mayors and state-wideelected officials to be given equalconsideration; state legislativeleaders, state legislators, and otherstate, 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 party

leader and elected official delegatepositions have not made knowntheir presidential preference underthe procedures established by thestate pursuant to Rule 11 forcandidates for district-level and at-large delegate positions, theirpreferences shall be ascertainedthrough alternative proceduresestablished by the state party, whichshall require a signed pledge ofsupport for a presidential candidate.

Such an alternative system shallhave a final deadline for submittinga pledge of support after theselection of all district-leveldelegates has been completed andmust provide an opportunity fordisapproval by the presidentialcandidate or the candidates

authorized representative.

D. A states party leader and elected officialdelegates may be chosen by a stateconvention3 or by a committee consistingof a quorum of district-level delegates.They may also be chosen by the StateParty Committee, as recognized by theDemocratic National Committee, but onlyif the states Delegate Selection Plan is infull compliance with these rules, andprovided:

(1) Membership on the State PartyCommittee is apportioned on thebasis of population and/or somemeasure of Democratic strength;

(2) Members of the State PartyCommittee have been electedthrough open processes inconformity with the basic proceduralguarantees utilized for delegateselection;

(3) Such delegates are elected at apublic meeting subsequent to the

election of district-level delegates;

(4) Members of the State PartyCommittee exercising such authorityshall have been elected no earlierthan the date of the previouspresidential 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.

E. Except as provided in 8.A. above, noperson shall serve as an automaticdelegate at any level of the delegateselection process by virtue of holding apublic or party office.

3For the purpose of this section (D), a state convention shall not include a State

Party Committee acting as a state convention where the states DelegateSelection Plan is not in full compliance with these rules.


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A. The selection of at-large delegates shallbe used, if necessary, to achieve theequal division of positions between menand women and the representation goalsestablished in the state partys Affirmative

Action Plan. Such goals apply to thestates entire delegation considered as awhole. For purposes of this rule, theentire delegation includes all unpledgedas well as all pledged delegates.Delegates and alternates shall each, as agroup, be equally divided and, to theextent possible, each as a group shallreflect the representation goalsestablished in the states AffirmativeAction Plan.

B. A states at-large delegates andalternates shall be selected by one of thebodies, subject to the same conditionsspecified in Rule 8.D. above, provided,however, the State Party Committee maychoose such delegates and alternatesonly if the states Delegate Selection Planis in full compliance with these rules.

C. At-large delegates and alternates(including pledged party leader andelected official delegates, which shallinclude those to be allocated touncommitted status) in primary statesshall be allocated according to the state-

wide primary vote or, in states holding nostate-wide primary, according to thedivision of preferences amongconvention and caucus participants. Innon-primary states which do not holdstate conventions authorized to electdelegates, at-large delegates shall beapportioned according to the division ofpreferences among district-leveldelegates at the time of district-levelselection. If a presidential candidateentitled to an allocation under this rule isno longer a candidate at the time at-large

delegates are selected, his/her allocationshall be proportionately divided amongthe other preferences entitled to anallocation.

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A. No meetings, caucuses, conventions orprimaries which constitute the firstdetermining stage in the presidential

nomination process (the date of theprimary in primary states, and the date ofthe first tier caucus in caucus states) maybe held prior to the first Tuesday inFebruary or after the second Tuesday inJune in the calendar year of the nationalconvention. Provided, however, that theIowa precinct caucuses may be held no

earlier than 15 days before the firstTuesday in February; that the NewHampshire primary may be held noearlier than 7 days before the firstTuesday in February. In no instance maya state which scheduled delegateselection procedures on or between thefirst Tuesday in February and the secondTuesday in June 1984 move out ofcompliance with the provisions of thisrule.

B. All steps in the delegate selection

process, including the filing ofpresidential candidates, must take placewithin the calendar year of theDemocratic National Convention (exceptas otherwise provided in these rules orspecifically allowed by the DNC Rulesand Bylaws Committee).

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A. All candidates for delegate and alternatein caucuses, conventions, committeesand on primary ballots shall be identified

as to presidential preference oruncommitted status at all levels of aprocess which determines presidentialpreference.

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 delegatecandidate and a signed pledge of supportfor the presidential candidate (includinguncommitted status) the person favors, if

any, with the state party by a date certainas specified in the states DelegateSelection Plan. Persons wishing to beelected as pledged party leader andelected official delegates shall complywith Rule 8.C.(3).

C. All candidates considered for district-levelalternate positions must meet the samerequirements as candidates for district-level delegate positions, except that thestate may allow candidates who were not


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chosen at the delegate level to beconsidered at the alternate level.

D. Prior to the selection of nationalconvention delegates and alternates, thestate party shall convey to thepresidential candidate, or that candidatesauthorized representative(s), a list of all

persons who have filed for delegate oralternate positions pledged to thatpresidential candidate. All such delegateand alternate candidates shall beconsidered bona fide supporters of thepresidential candidate whom they havepledged to support, unless thepresidential candidate, or that candidatesauthorized representative(s), signifiesotherwise in writing to the state party by adate certain as specified in the statesDelegate Selection Plan.

(1) Presidential candidates shall certifyin writing to the Democratic StateChair the name(s) of theirauthorized representative(s) by adate certain.

(2) In states where delegates are votedupon on the ballot, the date bywhich the presidential candidate, orthat candidates authorizedrepresentative(s), signifies approvalor disapproval of the list of delegateand alternate candidates in writingto the state party as required by

Rule 11.D., must allow sufficienttime to ensure that names removedfrom the list do not appear on theballot.

E. National convention delegate andalternate candidates removed from thelist of bona fide supporters by apresidential candidate, or that candidatesauthorized representative(s), may not beelected as a delegate or alternate at thatlevel pledged to that presidentialcandidate (including uncommitted

status).

(1) Presidential candidates may notremove any candidate for a district-level delegate or alternate positionfrom the list of bona fide supportersunless, at a minimum, three (3)names remain for every suchposition to which the presidentialcandidate is entitled. Provided,however, that in states whereindividual district-level delegates

and alternates are voted upon onthe ballot, the presidentialcandidate, or that candidatesauthorized representative(s), mayapprove a number of delegatecandidates or alternate candidatesequal to or greater than the numberof delegates or alternates allocated

to the district.

(2) Presidential candidates (includinguncommitted status), in consultationwith the state party, may removeany candidate for at-large andpledged party leader and electedofficial delegate or alternate positionfrom the list of bona fide supportersas long as, at a minimum, one (1)name remains for every nationalconvention delegate or alternateposition to which the presidential

candidate is entitled, except that astate may provide in its delegateselection plan, if the plan isapproved by the Rules and BylawsCommittee, that presidentialcandidates (including uncommittedstatus), may remove any candidatefor an at-large and party leader andelected official delegate or alternateposition from the list of bona fidesupporters as long as, at aminimum, two (2) names remain forevery position to which thepresidential candidate is entitled.

F. State parties shall ensure that stateDelegate Selection Plans provide fair andadequate time for persons to file fordelegate or alternate positions, and forpresidential candidates, or theirauthorized representative(s), to reviewthe list of persons who have filed, and toremove from that list persons notconfirmed by the presidential candidateor his/her representative(s) as bona fidesupporters of the presidential candidate.

G. Except in states where individualdelegates and alternates are selected onthe ballot, district-level nationalconvention delegates and alternatespledged to a presidential candidate(including uncommitted status) shall beselected or nominated by a caucus ofpersons from the unit electing thedelegates and alternates who signstatements of support for that presidentialcandidate. Uncommitted delegates andalternates shall be elected by the


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uncommitted caucus from theappropriate unit.

H. A district-level delegate and alternatecandidate may run for election only withinthe district in which he or she isregistered to vote. For purposes of theserules, all delegates and alternates at any

level of the delegate selection processmust be bona fide Democrats who havethe interests, welfare and success of theDemocratic Party of the United States atheart, who subscribe to the substance,intent and principles of the Charter andthe Bylaws of the Democratic Party of theUnited States, and who will participate inthe Convention in good faith.

I. No delegate at any level of the delegateselection process shall be mandated bylaw or Party rule to vote contrary to that

persons presidential choice asexpressed at the time the delegate iselected.

J. Delegates elected to the nationalconvention pledged to a presidentialcandidate shall in all good consciencereflect the sentiments of those whoelected them.

K. (1) Based on the right of theDemocratic Party to freely assembleand to determine the criteria for itscandidates, it is determined that all

candidates for the Democraticnomination for President or VicePresident shall:

(a) be registered to vote, and shallhave been registered to vote inthe last election for the office ofPresident and Vice President;and

(b) have demonstrated acommitment to the goals andobjectives of the Democratic

Party as determined by theNational 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 ofthe United States.

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A. Delegates shall be allocated in a fashionthat fairly reflects the expressedpresidential preference or uncommittedstatus of the primary voters or, if there is

no binding primary, the convention and/orcaucus participants.

B. States shall allocate district-leveldelegates and alternates in proportion tothe percentage of the primary or caucusvote won in that district by eachpreference, except that preferencesfalling below a 15% threshold shall not beawarded any delegates. Subject tosection F. of this rule, no state shall havea threshold above or below 15%. Stateswhich use a caucus/convention system,

shall specify in their Delegate SelectionPlans the caucus level at which suchpercentages shall be determined.

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 toreceive delegates and alternates but hasfailed to slate a sufficient number ofdelegate and alternate candidates, thenadditional delegates and alternates forthat preference will be selected in aspecial post-primary procedure. TheState Party will administer special post-primary procedures according to rulesapproved by the DNC Rules and BylawsCommittee and such procedures shouldbe set forth in the states delegateselection plan, where applicable.

D. District-level delegates and alternatesshall be allocated according to thefollowing procedures:

Step 1: Tabulate the percentage of thevote that each presidentialpreference (includinguncommitted status) receives inthe congressional district tothree decimals.

Step 2: Retabulate the percentage ofthe vote to three decimals,received by each presidentialpreference excluding the votesof presidential preferences


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whose percentage in Step 1falls below 15%.

Step 3: Multiply the number ofdelegates to be allocated by thepercentage received by eachpresidential preference.

Step 4: Delegates shall be allocated toeach presidential preferencebased on the whole numberswhich result from themultiplication in Step 3.

Step 5: Remaining delegates, if any,shall be awarded in order of thehighest fractional remainders inStep 3.

E. At-large and pledged party leader andelected official delegate and alternate

positions shall be allocated to presidentialpreferences by reference to primary orconvention votes or to the division ofpreference among district-level delegatesor alternates, as the case may be, asspecified in Rule 9.C., except that apreference falling below a threshold of15% shall not be awarded any delegatesor alternates at this level. Such delegatesand alternates in primary states shall beallocated to presidential preference(including uncommitted status) accordingto the statewide primary vote.

F. In all situations where no preferencereaches the applicable threshold, thethreshold shall be the percentage of thevote received at each level of thedelegate selection process by 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

of primaries shall not be considered astep in the delegate selection processand is considered detrimental. Stateparties must take steps to educate thepublic that a non-binding presidentialpreference event is meaningless, andstate parties and presidential candidatesshould take all steps possible not toparticipate.

I. In a state that uses a caucus and/orconvention to determine presidential

preference of voters, the plan mustprovide for the timely reporting of theelection results to the state party.

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A. If a state requires the filing of petitionswith the signatures of registered/enrolledvoters as the sole method to place apresidential candidates name on theprimary ballot in connection with theDemocratic presidential nominatingprocess, such number of valid signaturesshall not exceed 5,000.

B. If a state requires the payment of a fee bya presidential candidate in connectionwith the Democratic presidentialnominating process, such fee shall not

exceed $2,500.

C. If a state requires the filing of a petitionwith the signatures of registered/enrolledvoters in order to have a delegate/alternate candidate gain access to theprimary ballot in connection with theDemocratic presidential nominatingprocess, the number of valid signaturesshall not exceed either one half of onepercent (.5%) of the registered/enrolledDemocrats in such district or one half ofone percent (.5%) of the total votes insuch district for all Democraticpresidential candidates (includinguncommitted) during the immediatelypreceding presidential nominatingprocess, whichever is lower, but in noevent shall the number of valid signaturesrequired exceed 1,000.

D. Subject to the prior sections of this rule,the number of valid signatures requiredof a presidential candidate to file apetition to gain access to the primaryballot, and the number of valid signaturesrequired of a delegate/alternate

candidate to gain access to the primaryballot, and the fees required to be paid tothe state by a presidential candidate andby a delegate/alternate candidate to gainaccess to the primary ballot, inconnection with the Democraticpresidential nominating process, shall notexceed those in effect in the particularstate as of January 1, 1994.

E. No deadline for the filing of petitions forparticipation in the presidential


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nomination process by apresidential candidate shall be lessthan 30 days in advance of theprimary or caucus nor more than 75days in advance of the primary orcaucus.

F. No candidate for delegate or alternate

shall be required to file a statement ofcandidacy or a pledge of support asrequired by Rule 11.B. prior to 30 daysbefore such delegate or alternatecandidate is to be selected or elected in aprimary, caucus or pre-primary caucus;provided, however, that in states holdinga presidential primary where individualdistrict-level delegates or alternates areto be voted upon on the ballot, nocandidate for delegate or alternate shallbe required to submit or file a statementof candidacy or a pledge of support prior

to 90 days before the date on which theyare to be voted upon.

G. No candidate for at-large or pledgedparty leader and elected official delegateor alternate shall be required to file astatement of candidacy or a pledge ofsupport required by Rule 11.B. prior to 30days before the date when the delegateor alternate is to be selected or votedupon.

H. No states delegate selection rules mayrequire the filing of district-level delegate

or alternate candidates pledged to apresidential candidate or uncommittedstatus as a condition of access by apresidential candidate to the primaryballot for voting upon presidentialpreference.

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No less than forty percent (40%) of themembers of any Party body above thefirst level of the delegate selection

process shall constitute a quorum for anybusiness pertaining to the selection ofconvention delegates.

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To insure full participation in the delegateselection process, state party rules may,at their discretion, provide for proxyvoting. Such rules shall allow anaccredited participant in a caucus,convention or committee meeting, after

having appeared at such meeting andhaving established credentials, to registerthe non-transferable proxy with anotherduly accredited participant at thatmeeting (except where an accreditedalternate is present and eligible to serveas a replacement). No such rule shallallow a person to hold more than three

(3) proxies at a time.

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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 amajority of the body, shall not be used atany stage of the delegate selectionprocess.

B. Any individual or group of Democratsmay sponsor or endorse a slate ofcandidates for convention delegates. Butno slate may, by virtue of suchendorsement, receive a preferential placeon a delegate selection ballot or bepublicly identified on the ballot as theofficial Democratic Party organizationslate, and all slates must meet identicalqualifying requirements for appearing ona ballot at all levels of the delegateselection process.

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A. Alternate delegates shall be selected byprimary, convention or committeeprocesses subject to the same NationalParty Rules applicable to the selection ofdelegates, except that the provisions ofRules 8.A. and 8.B. shall not apply to theelection of alternates. Each StateDemocratic Chair shall certify allalternates in writing to the Secretary ofthe DNC.

B. If a given presidential preference isentitled to one or more delegate positionsin a state but would not otherwise beentitled to an alternate position, thatpreference shall be allotted one at-largealternate position.

C. The proportions of alternates elected atthe district level, and at-large, and aspledged party leader and elected officialalternates, may be the same as theproportions of delegates elected in thosecategories.


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D. Each state Delegate Selection Plan shallspecifically provide how and under whatconditions an alternate is to replace oract in lieu of (collectively referred to asreplace or replaces) a delegate.

(1) Delegate Selection Plans mayspecify one or any combination of

the following alternatives forpermanent and temporaryreplacements:

(a) The delegate chooses thealternate;

(b) The delegation chooses thealternate;

(c) The alternate who receives thehighest number of votes; or

(d) Such other process as protectsthe interests of presidentialcandidates, delegates andalternates.

(2) A permanent replacement occurswhen a delegate resigns or diesprior to and during the NationalConvention and the alternatereplaces the delegate for theremainder of the NationalConvention. Any alternate whopermanently replaces a delegateshall be certified in writing to the

Secretary of the DNC by the StateDemocratic Chair. He/She shall beof the same presidential preference(including uncommitted status) andsex of the delegate he/she replaces,and to the extent possible shall befrom the same political subdivisionwithin the state as the delegate;except in the case where thepresidential candidate has only onealternate, in which case, thatalternate shall become the certifieddelegate.

(3) A temporary replacement occurswhen a delegate is to be absent fora limited period of time during theconvention and an alternatetemporarily acts in the delegatesplace. Any alternate who temporarilyreplaces a delegate must be of thesame presidential preference(including uncommitted status) asthe delegate he/she replaces, and tothe extent possible shall be of the

same sex and from the samepolitical subdivision within the stateas the delegate.

E. Delegates elected under the provisions ofRules 8.A. and 8.B. shall not be entitledto name a replacement under Rule 17.D.,nor shall the state be entitled to a

replacement except in case of death.

F. A vacant alternate position shall be filledby the delegation. The replacement shallbe of the same presidential preference(or uncommitted status), of the same sexand, to the extent possible, from thesame political subdivision as the alternatebeing replaced. Each replacement of avacant alternate position shall be certifiedin writing to the Secretary of the DNC bythe State Democratic Chair.

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A. The DNC Rules and Bylaws Committeewill assist in the administration andenforce affirmative action and delegateselection requirements for the nationaland state 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 Committeewill provide state parties with a modelDelegate Selection and Affirmative ActionPlan.

D. The DNC Rules and Bylaws Committeeshall:

(1) review Affirmative Action andDelegate Selection Plans submittedby state parties and approve orrecommend changes in such plans;

(2) conduct periodic evaluations andprovide technical assistance to stateparties on affirmative action anddelegate selection implementation;

(3) hear and recommend solutions toaffirmative action complaintsunresolved by appropriate stateparty bodies.


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E. The DNC Rules and Bylaws Committeeshall retain jurisdiction over the approvalof amendments to state DelegateSelection Plans and state delegationcompliance with equal divisionrequirements, even after the ConventionCredentials Committee assumes

jurisdiction over challenges to the

credentials of delegates.

F. No later than December 15, 2002, theDNC Rules and Bylaws Committee shallsend to state parties its regulationsadopted pursuant to these rules and achecklist.

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

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A. Jurisdictional Challenges. Any challengesto a state party organization in respect toits status as the body entitled to sponsora delegation from that state must bepresented to the DNC at any time up tothirty (30) days prior to the initiation of thestates delegate selection process. Sucha challenge must be brought by at leastfifteen (15) Democrats from the state.

B. Submission, Non-Implementation andViolation Challenges. Failure to submit or

implement an approved affirmative actionprogram by the deadline specified inthese rules shall constitute grounds for achallenge with the burden of proof on thechallenged party.

(1) At any time up to thirty (30) daysprior to the initiation of the statesdelegate selection process, anygroup of not less than fifteen (15)Democrats in that state canchallenge the affirmative actionprogram on the basis of non-

implementation of a specificrequirement of a state plan, whichchallenge shall include reasonabledocumentation of alleged violations.(In such challenges, the challengingparty shall have the burden of proof,but the challenged party shallpresent its case first.)

(a) In the absence of any suchchallenge, the implementationof any such program shall bepresumptively in compliance.

(b) If challenged and upheld, thecompliance of suchimplementation programs shallbe conclusive but not as tocompliance or non-compliancethat may occur after the date ofthe challenge.

(2) Challenges regarding allegedviolation of an approved DelegateSelection Plan shall first be broughtto the appropriate state DemocraticParty body for a decision to berendered within twenty-one (21)days. After due notice, anyaggrieved party shall have the rightto appeal to the DNC Rules andBylaws Committee within ten (10)days following the decision of thestate body according to proceduresestablished by DNC Rules and

Bylaws Committee.

(3) The DNC Rules and BylawsCommittee shall either certifycompliance, certify non-complianceor require corrective action afterwhich compliance or non-compliance shall be certified.

C. (1) Violation of timing:In the event theDelegate Selection Plan of a stateparty provides or permits a meeting,caucus, convention or primary whichconstitutes the first determining

stage in the presidential nominatingprocess to be held prior to or afterthe dates for the state as provided inRule 10 of these rules, or in theevent a state holds such a meeting,caucus, convention or primary priorto or after 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 by

fifty (50%) percent. In addition, noneof the members of the DemocraticNational Committee and no otherunpledged delegate allocatedpursuant to Rule 8.A. from that stateshall be permitted to vote asmembers 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 whole


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number, and any fraction of .5or greater shall be rounded upto the next nearest wholenumber.

(2) Violation of proportionalrepresentation:In the event theDelegate Selection Plan of a state

party provides or permits thepledged delegates or alternates tobe allocated to a presidentialpreference (including uncommittedstatus) other than as provided underRule 12 of these rules, or in theevent a state party, in fact, allocatesits pledged delegates or alternatesto a presidential preference(including uncommitted status) otherthan as provided under Rule 12 ofthese rules, the delegation of thestate shall be reduced by the same

amount and as provided in sectionC.(1) of this rule.

(3) Violation of the threshold:In theevent the Delegate Selection Plan ofa state party provides or permits athreshold other than fifteen (15%)percent as set forth in Rule 12 ofthese rules, or in the event a stateparty in fact permits theimplementation of a threshold otherthan fifteen (15%) percent asprovided in Rule 12 of these rules,the delegation of the state shall be

reduced by the same amount andas provided in section C.(1) of thisrule.

(4) Upon a determination of the DNCRules and Bylaws Committee that astate is in violation as set forth insubsections (1), (2) or (3) of sectionC. of this rule, the reductionsrequired under those subsectionsshall become effective automaticallyand immediately and without furtheraction of the DNC Rules and Bylaws

Committee, the ExecutiveCommittee of the DNC, the DNC orthe Credentials Committee of theDemocratic National Convention.

(5) Nothing in the precedingsubsections of this rule shall beconstrued to prevent the DNC Rulesand Bylaws Committee fromimposing additional sanctions,including, without limitation, thosespecified in subsection (6) of this

section C., against a state party andagainst the delegation from the statewhich is subject to the provisions ofany of subsections (1) through (3) ofthis section C., including, withoutlimitation, establishing a committeeto propose and implement aprocess which will result in the

selection of a delegation from theaffected state which shall (i) bebroadly representative, (ii) reflectthe states division of presidentialpreference and uncommitted statusand (iii) involve as broadparticipation as is practicable underthe circumstances.

(6) Nothing in these rules shall preventthe DNC Rules and BylawsCommittee from imposing sanctionsthe Committee deems appropriate

with respect to a state which theCommittee determines has failed orrefused to comply with these rules,where the failure or refusal of thestate party is not subject tosubsections (1), (2) or (3) of thissection C. Possible sanctionsinclude, but are not limited to:reduction of the states delegation;pursuant to Rule 20.C.,recommending the establishment ofa committee to propose andimplement a process which willresult in the selection of a

delegation from the affected statewhich shall (i) be broadlyrepresentative, (ii) reflect the statesdivision of presidential preferenceand uncommitted status and (iii)involve as broad participation as ispracticable under thecircumstances; reducing, in part orin whole, the number of the statestemporary and permanent membersto the Standing Committees;reducing, in part or in whole, thenumber of guests, VIP and other

passes/tickets to the NationalConvention and related functions;assignment of location of the statesdelegates and alternates in theConvention hall; and assignment ofthe states housing and otherconvention related facilities.

(7) In the event a state shall becomesubject to subsections (1), (2) or (3)of section C. of this rule as a resultof state law but the DNC Rules and


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Bylaws Committee, after aninvestigation, including hearings ifnecessary, determines the stateparty and the other relevantDemocratic party leaders andelected officials took all provable,positive steps and acted in goodfaith to achieve legislative changes

to bring the state law intocompliance with the pertinentprovisions of these rules anddetermines that the state party andthe other relevant Democratic partyleaders and elected officials took allprovable, positive steps and acted ingood faith in attempting to preventlegislative changes which resulted instate law that fails to comply with thepertinent provisions of these rules,the DNC Rules and BylawsCommittee may determine that all or

a portion of the states delegationshall not be reduced. The stateparty shall have the burden ofproving by clear and convincingevidence that it and the otherrelevant Democratic party leadersand elected officials took allprovable, positive steps and acted ingood faith to achieve legislativechanges to bring the state law intocompliance with the pertinentprovisions of these rules and that itand the other relevant Democraticparty leaders and elected officials

took all provable, positive steps andacted in good faith in attempting toprevent the legislative changeswhich resulted in state law that failsto comply with the pertinentprovisions of these rules.

(8) A state party may provide in itsDelegate Selection Plan the specificmethod and procedures by which itwill reduce its delegation pursuant tothis Rule 19 in the event the stateparty or delegation becomes subject

to this Rule 19 by which categoriesof delegates must be reduced byfifty (50%) percent, which specificmethod and procedures shall besubject to the review and approvalof the DNC Rules and BylawsCommittee. In the event a statesDelegate Selection Plan does notprovide for the specific method andprocedures referred to in theimmediately preceding sentence, orin the event the states Delegate

Selection Plan is either notapproved by the DNC Rules andBylaws Committee or the specificmethod and procedures referred toin the first sentence of thissubsection (8) are not approved bythe DNC Rules and BylawsCommittee, or in the event a states

Delegate Selection Plan specifiesthe method and procedures whichhave been approved by the DNCRules and Bylaws Committee, butthe state party fails or refuses toimplement those specific methodand procedures, and in the eventthe states delegation is required tobe reduced pursuant to this Rule 19,then the DNC Rules and BylawsCommittee shall, by lottery, or otherappropriate method determined bythe DNC Rules and Bylaws

Committee, determine whichdelegates and alternates shall notbe a part of the states delegation inorder to achieve the reduction of thestates delegation pursuant to thisRule 19. Any reduction of delegatesunder this provision shall beaccomplished in a manner whichcomplies with the requirement ofproportional representation asprovided for in Rule 12.

(9) Except as provided by subsection(7) of this section C., the fact that a

state party took provable, positivesteps as provided in Rule 20 ofthese rules shall not preclude thestates delegation from beingsubject to the sanctions set forth insubsections (1), (2), (3), (4) and (5)of this section C.

D. Unresolved Challenges and Report to theCredentials Committee. The DNC Rulesand Bylaws Committee shall report itsactivities, together with all challenges andcomplaints, to the Credentials Committee

of the Democratic National Convention.In cases involving unresolved challengeswhich are appealed to the CredentialsCommittee, the burden of proof shall restwith the party presenting the challenge.

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A. Subject to Rule 19.C. of these Rules,wherever any part of any sectioncontained in these rules conflicts withexisting state laws, the state party shall


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take provable positive steps toachieve legislative changes to bringthe state law into compliance withthe provisions of these rules.

B. Provable positive steps shall be taken ina timely fashion and shall include: thedrafting of corrective legislation; public

endorsement by the state party of suchlegislation; efforts to educate the publicon the need for such legislation; activesupport for the legislation by the stateparty lobbying state legislators, otherpublic officials, Party officials and Partymembers; and encouraging considerationof the legislation by the appropriatelegislative committees and bodies.

C. A state party may be required by a voteof the DNC Executive Committee upon arecommendation of the DNC Rules and

Bylaws Committee to adopt andimplement an alternative Party-rundelegate selection system which does notconflict with these rules, regardless ofany provable positive steps the state mayhave taken.

Documents

Democratic National Committee Release - Democratic National Committee Delegate Selection Rules for the 2004 Convention