DNC Rules and Bylaws Committee Draft Report

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    4-Democratic National Committee

    IV - 4

    For the 2012Democratic National Convention

    Issued by the Democratic Party of the United States

    Gove rnor Tim Ka ineChairman

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    I f 1 1 1 I L I 1 1 4R U L E N U M B E R

    1 . Publication and Submission of State Party Rules........................................... 12 . Participation......................................................................................................... 33. Scheduling of Delegate Selection Meetings ................................................. 44 . Anpenarty..................................................................................................... 55 . Non-Discrimination.............................................................................................. 56 . Affirmativection............................................................................................... 67. Inclusionrograms.............................................................................................. 88 . National Convention Delegate Apportionment........................................... 89. Unpledged and Pledged Party Leaders and

    Electedfficialelegates ................................................................................ 810. Selection of At-Largeelegates...................................................................... 1011 . Timing of the Delegate Selection Process...................................................... 1 112 . Presidentialreference ...................................................................................... 1 ]13. Fair Reflection of Presidential Preferences ..................................................... 1314 . Petition Requirements and Filing Deadlines................................................... 1415 . Quorumequirements....................................................................................... 1516 . Proxyoting ......................................................................................................... 1517 . Unitule and Slate-Making ............................................................................... 1 518. Alternates andacancies ................................................................................ 1519. DNC Rules and Bylaws Committee.................................................................. 1 62 0 . Challenges ........................................................................................................... 172 1 . Stateeg islative Ch ang es................................................................................. 2 0

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    2012 Delegate Selection Rules for the Democratic National Convention2 .rohibition of cost and fees [Rule 2.D.]; 48 Committee ("DNC Rules and Bylaws49 Committee").3.rohibition of participation by those 50

    participating in another partys process 51 D . State Delegate Selection and Affirmative[Rule 2.E.1; 52 Action Plans shall be submitted to the DNC53 Rules and Bylaws Committee for approval4.ne-meeting limitation for first-stage 5 4 on or before May 1, 2007 May 2.2011.participants [Rule 3.E.1; 555 6 E . The DNC Rules and Bylaws Committee5 .Six basic elements" of an open party 5 7 shall act on the proposed plans as soon as[Rule 41; 5 8 practicable, but in no case later than5 9 September 16 , 200 8 September 16 , 2011, or

    6.on-discrimination principles [Rule 5 1 ; 6 0 four months before the respective states61 first determining step, whichever is earlier.7 .equirement that all steps take place 6 2 Its decision shall be final and binding.

    within calendar year of convention 63[Rule 11 .] ; 6 4 F . Implementation of state Affirmative Action65 Plans shall begin no later than September-8 .equired identification of preference of 66 16, 2 0 0 8 September 16. 2011, or four monthscandidates for delegate and alternate 67 before the respective states first[Rule 12.A.1; 68 determining step, whichever is earlier.699 .rotection against coerced vote [Rule 70 G . State Delegate Selection Plans shall specify12.11; 71 the methods and timetable to be followed in72 selecting permanent and temporary

    10. Quorum requirements [Rule 151; 73 members of standing committees of the74 national convention. These procedures shall11. Proxy voting rules, if any [Rule 161; 75 be in conformity with the rules to be76 contained in the Call for the 200812. Unit rule prohibition [Rule 17.A.]; 77 Convention.7813. Slate making limitations [Rule 1 7.1 3.1; 79 H . The Democratic National Committee

    and 8 0 ("DNC") and the state parties shall publish81 and make available at no cost their rules, the14. Succession of alternates to delegate 82 2012 National Delegate Selection Rules, and

    status and filling of vacancies in 8 3 a clear and concise explanation of howdelegate positions [Rule 181. 84 Democratic voters can participate in the8 5 delegate selection process. The DNC shallC .ach state party shall provide for a thirty 86 prepare and provide at no cost to state

    (30) day period of public comment to solicit 87 parties a clear and concise explanation ofopinion on the states Affirmative Action 8 8 the 2008 2012Delegate Selection Rules. ThisPlan and Delegate Selection Plan prior to 8 9 shall be done no later than October 1 of theadoption. All written public comments 90 calendar year immediately preceding thesubmitted to the state Democratic 9 1 calendar year of the national convention.Committee shall be submitted along withthe plans to the Rules and BylawsCommittee of the Democratic National

    Unless otherwise explicitly specified, reference in these Rules to"day" 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.

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    2012 Delegate Selection Rules for the Democratic National Convention

    1. Participation23 A. Participation in the delegate selection4 process shall be open to all voters who wish5 to participate as Democrats.67 1 .emocratic voters shall be those persons8 who publicly declare their Party9 preference and have that preference10 publicly recorded.11

    12 2.mplementation of this administrative13 matter shall be delegated to the DNC14 Rules and Bylaws Committee.1516 B . Nothing in these rules shall be interpreted17 to encourage or permit states with party18 registration and enrollment, or states that19 limit participation to Democrats only, to20 amend their systems to open participation21 to members of other parties.2223 C . State parties shall take all feasible steps to24 encourage non-affiliated and new voters to25 register or enroll, to provide simple26 procedures through which they may do so27 and to eliminate excessively long waiting28 periods for voters wishing to register or to29 change their party enrollment status. In all3 0 caucuses or conventions conducted3 1 pursuant to these rules, all Democrats who3 2 comply with Rule 2.A, 2.A.(1), and 2.A.(2).33 shall be allowed to participate.3 435 D . At no stage of the delegate selection process3 6 shall any person be required, directly or3 7 indirectly, to pay a cost or fee as a condition3 8 for participating in the delegate selection3 9 process. Voluntary contributions to the40 Party may be made, but under no41 circumstances shall a contribution be42 mandatory for participation.4344 E . No person shall participate or vote in the45 nominating process for a Democratic46 presidential candidate who also participates47 in the nominating processes of any other48 party for the corresponding elections.49

    5 0 F. In accordance with Article Nine, Section 1251f the Charter of the Democratic Party of the52nited States, votes shall not be taken by53ecret ballot at any stage of the delegate54election process, including processes55eading up to the selection of DNC5 6embers or State Chairs and Vice Chairs,57ho serve as DNC members by virtue of5 8heir office, except that use of such voting5 9y secret ballot may be used in a state run or60tate party run primary which constitutes61he first determining stage of the delegate62lection process and in which all individual63oters are eligible to participate in64ccordance with the provisions of this Rule65.6667 G. The casting of ballots over the Internet may68e used as a method of voting in a vote only69or presidential preference in a state party-70un primary constituting the first71etermining stage in the presidential72ominating process, and only if such casting73f ballots over the Internet:7475. Is used in a system in which voters may76ast their ballots in person on the day of77uch primary and by mail, and in which78asting of ballots over the Internet is an79lternate means of voting;8 081. Is accompanied by a comprehensive,82roactive education and outreach8 3rogram on the use of Internet voting8 4hat is set forth in the states delegate8 5election plan and approved by the8 6NC Rules and Bylaws Committee;8 78 8. Is conducted in accordance with a plan8 9pproved by the DNC Rules and Bylaws90ommittee that is included in the states91elegate selection plan, and that92rovides adequate measures to achieve93ecurity, reliability, access to eligible94oters and transparency, including95ontractual and other safeguards to96ecure exclusive ownership and control97y the state party of voting data;9899. Is accomplished through a system100hich provides the voter with an

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    2012 Delegate Selection Rules for the Democratic National ConventionIpportunity to verify the voters ballot2nd correct any error before the voters3ote is cast; which can be permanently4aintained by the voter at the voters

    option in paper, electronic or other6

    orm; and which produces a paper7ecord of the voters vote that is8reserved and maintained by the state9arty in the event of a manual audit,10ntil the expiration of the time for filing1 1n implementation challenge under12hese Rules.1314 H. In states using government-run voting15ystems in the delegate selection process,16tate Delegate Selection Plans shall include17rovable positive steps (as defined in Rule181) taken or to be taken by the state party to:192 0. Promote the acquisition of accessible2 1recinct based optical scan systems2 2herever possible;2 32 4. Seek enactment of legislation, rules and25olicies at the state and local level to2 6nsure that direct recording electronic2 7ystems include a voter verified paper2 8ecord;2 93 0. Seek enactment of legislation, rules and31olicies at the state and local level to3 2nsure that both optical scan and direct3 3ecording electronic systems include3 4ecognized security measures such as:353 6.utomatic routine manual audits3 7omparing paper records to3 8lectronic records following every3 9lection and prior to certification of40esults where possible;4142.arallel testing on Election Day;4344.hysical and electronic security for45quipment;4647. Banning use of wireless components48nd connections;4950.ublic disclosure of software design;

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    51.se of transparent and random5 2election for all auditing procedures;5354.ffective procedures for addressing55vidence of fraud or error.5657 3.cheduling of Delegate5 8election Meetings5 960 A. All official Party meetings and events61elated to the national convention delegate62election process, including caucuses,63onventions, committee meetings, filing64ates, and Party enrollment periods, shall65e scheduled for dates, times and public66laces which would be most likely to67ncourage the participation of all68emocrats, and must begin and end at69easonable hours.7 071 B. All such meetings or events which are the7 2irst meeting or event in the delegate73election process shall be scheduled at times7 4nd dates which are uniform throughout75he state, except where it is established by7 6he state party and approved by the DNC7 7ules and Bylaws Committee that such78niform times and dates would significantly79educe participation in the delegate8 0election process.8 18 2 C. The times, dates, places, and rules for the8 3onduct of all caucuses, conventions,8 4eetings and other events involved in the85elegate selection process shall be8 6ffectively publicized by the Party8 7rganization, official, candidate or member8 8alling the same.8 990 D. Concise statements in advance of all91eetings and events concerning the92elationship between the business to be93onducted and the delegate selection94rocess shall be effectively publicized by the95arty organization, official, candidate or96ember calling the same.9798 E. No person shall participate in more than99ne meeting which is the first meeting in the100elegate selection process.

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    2012 Delegate Selection Rules for the Democratic National Convention

    1 4. An Open Party23 A. The Democratic National Committee4eaffirms its commitment to the 19645esolution, and requires the national and6tate parties to incorporate the Six Basic7lements, as updated, into their Party rules8nd to take appropriate steps to secure their9mplementation.101 1 B. The 1964 Democratic National Convention12dopted a resolution which conditioned the13eating of delegates at future conventions14n the assurances that discrimination in any15tate party affairs on the ground of race,

    16olor, creed or national origin did not occur.17he 1968 Convention adopted the 196418onvention resolution for inclusion in the19all for the 1972 Convention. In 1966, the20pecial Equal Rights Committee, which hadbeen created in 1964, adopted six anti-discrimination standards - designated asthe Six Basic Elements, which, as updated,are as follows:All public meetings at all levels of theDemocratic Party in each state should be

    open 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 anyoaths 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,

    41ondone or support discrimination42ased on "status."4344. The time and place for all public45eetings of the Democratic Party on all46evels should be publicized fully and in47uch manner as to assure timely notice48o all interested persons. Such meetings49ust be held in places accessible to all50arty members and large enough to51ccommodate all interested persons. 5 2. The Democratic Party, on all levels,53hould support the broadest possible54egistration without discrimination55ased on "status."5657. The Democratic Party in each state58hould publicize fully and in such a59anner as to assure notice to all60nterested parties a full description of61he legal and practical procedures for62election of Democratic Party officers63nd representatives on all levels.64ublication of these procedures should65e done in such fashion that all66rospective and current members of67ach state Democratic Party will be fully68nd adequately informed of the69ertinent procedures in time to70articipate in each selection procedure71t all levels of the Democratic Party72rganization.7374. The Democratic Party in each state75hould publicize fully and in such a76anner as to assure notice to all77nterested parties a complete description78f the legal and practical qualifications79f all positions as officers and80epresentatives of the state Democratic81arty. Such publication should be done8 2n timely fashion so that all prospective83andidates or applicants for any elected84r appointed position within each state85emocratic Party will have full and8 6dequate opportunity to compete for87ffice.8 889 C. These provisions demonstrate the intention90f the Democratic Party to ensure a full91pportunity for all "status" (as defined in92ule 4.13.(1)) members to participate in the93elegate selection process.9495 5.on-Discrimination9697 A. In order that the Democratic Party at all98evels be an open Party which includes99ather than excludes people from1 0 0articipation, a program of effective101ffirmative action is hereby adopted.

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    2012 DeleQate Selection Rules for the Democratic National Convention

    1 B .iscrimination on the basis of "status" in 51 at any level of the delegate selection2 the conduct of Democratic Party affairs is 52 process or in any other Party affairs.3 prohibited. 534 5 4 3 .n the selection of each states at-large5 C . In order to continue the Democratic Partys 55 delegation, priority of consideration6 ongoing efforts to include groups 56 shall be given to African Americans,7 historically under-represented in the 5 7 Hispanics, Native Americans,8 Democratic Partys affairs, by virtue of race, 5 8 Asian/ Pacific Americans and women, if9 ethnicity, age, sexual orientation or 5 9 such priority of consideration is needed

    1 0 disability, each state party shall develop and 60 to fulfill the affirmative action goals11 submit Party outreach programs, including 61 outlined in the states Delegate Selection12 recruitment, education and training, in 62 Plan. Such remedial action is necessary1 3 order to achieve full participation by such 63 in order to overcome the effects of past1 4 groups and diversity in the delegate 64 discrimination. Use of the at-large15 selection process and at all levels of Party 65 delegation to fulfill the plans1 6 affairs. 66 affirmative action goals does not obviate1 7 67 the need for the state party to conduct18 6.ffirmative Action 68 outreach activities such as recruitment,19 69 education and training. Priority of20 A. The promises of a democratically elected 70 consideration shall also be given to21 government and the right to vote have not 71 other groups as described in Rule 5.(C),22 always been extended equally to all 72 which are under-represented in23 Americans. Historically, certain groups of 73 Democratic Party affairs, in order to24 Americans have been explicitly denied the 74 assist in the achievement of full25 right to vote or have been subjected to 75 participation by these groups.2627 discriminatory and exclusionary practiceswith the intended effect of denying them 7677 B . Performance under an approved28 voting rights. In recognition of this past 78 Affirmative Action Plan and composition of29 history of discriminatory denial of the 79 the convention delegation shall be3 0 franchise and in order to encourage full 8 0 considered relevant evidence in the31 participation by all Democrats in the 81 challenge to any state delegation. If a state3 2 delegate selection process and in all Party 8 2 party has adopted and implemented an3 3 affairs, the national and state Democratic 83 approved affirmative action program, the3 4 Parties shall adopt and implement 8 4 state party shall not be subject to challenge3 5 affirmative action programs with specific 85 based solely on delegation composition or3 6 goals and timetables for African Americans, 868 7

    primary results.3 73 8

    Hispanics, Native Americans, Asian/PacificAmericans and women. 88 C. State Delegate Selection Plans shall provide

    3 9 89 for equal division between delegate men40 1 .he goal of such affirmative action shall 90 and delegate women and alternate men and41 be to encourage participation in the 91 alternate women within the states entire42 delegate selection process and in Party 92 convention delegation. For purposes of this43 organizations at all levels by the 93 rule, the entire delegation includes all44 aforementioned groups as indicated by 94 pledged delegates and alternates and45 their presence in the Democratic 95 unpledged delegates (including unpiedged46 electorate. 96 party leaders and elected official delegates47 97 and unpledged add-on delegates).4849

    2.his goal shall not be accomplishedeither directly or indirectly by the

    9899 1 .tate Delegate Selection Plans shall, as

    5 0 Partys imposition of mandatory quotas 1 00 far as mathematically practicable, also101 provide for equal division between6 1 1 1 a g e

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    2012 Delegate Selection Rules for the Democratic National Convention1 district-level delegate men and delegate 52 Before the state party submits its Plan to the2 women and district-level alternate men 53 DNC Rules and Bylaws Committee, the3 and alternate women. 54 Affirmative Action Committee shall review4 55 the proposed outreach program required in5 2 .he DNC Rules and Bylaws Committee 56 Rule 5.C.6 shall have continuing jurisdiction to 577 ensure compliance with this equal 58 G . Each state affirmative action program shall8 division requirement. No at-large 59 include outreach provisions to encourage9 delegate or alternate from a state shall 60 the participation and representation of10 be placed on the temporary roll of the 61 persons of low and moderate income, and a

    11 2008 Democratic National Convention 62 specific plan to help defray expenses of12 unless the Rules and Bylaws Committee 63 those delegates otherwise unable to13 has certified to the Secretary of the 64 participate in the national convention.14 Democratic National Committee that 6515 such states delegation complies with 66 H . State parties in their Delegate Selection16 this equal division rule. It shall be the 67 Plans shall impose reasonable specific17 duty of the DNC Rules and Bylaws 68 affirmative action obligations upon18 Committee to determine such 69 presidential candidates consistent with the19 compliance as soon as practicable 70 delegate selection system employed by the0 following the certification of the states 71 state.1 at-large delegates and alternates. 722 73 1 .tate parties shall require presidential3 3 .otwithstanding sub-paragraph A.(2) 74 candidates to submit statements that4 above, equal division at any level of 75 specify what steps such candidates will5 delegate or committee positions 76 take to encourage full participation in6 between delegate men and delegate 77 their delegate selection process,7 women or committeemen and 78 including, but not limited to, procedures8 committeewomen shall not constitute a 79 by which persons may file as candidates9 violation of any provision thereof. 8 0 for delegate or alternate. Provided0 81 further that presidential candidates1 D. For purposes of providing adequate notice 8 2 submit such full participation2 of the delegate selection process under Rule 8 3 statements to the DNC Rules and3 3, the times, dates, places and rules for the 8 4 Bylaws Committee at the same time4 conduct of all caucuses, conventions, 8 5 they are submitted to state parties.5 meetings and other events involved in the 8 66 delegate selection process shall be 8 7 2.tate parties shall require presidential7 effectively publicized, bilingually where 8 8 candidates to submit demographic8 necessary, to encourage the participation of 8 9 information with respect to candidates9 minority groups. 90 for delegate and alternate pledged to0 91 them.tate Democratic Parties shall ensure that 922 district lines used in the delegate selection 93 I .ach state party shall certify to the Rules3 process are not gerrymandered to 94 and Bylaws Committee whether each4 discriminate against African Americans, 95 presidential candidate (including5 Hispanics, Native Americans, Asian/Pacific 96 uncommitted status) has used best efforts to6 Americans or women. 97 ensure that their respective delegations at7 98 each level within a states delegation shall8 F .ach state Affirmative Action Plan shall 9 9 fulfill the requirements of Rule 6 and Rule 79 provide for the appointment of a 100 established by the states Delegate Selection0 representative state Affirmative Action 10 1 Plan and that the respective delegations ofCommittee by March 1, 2007 March 1. 2011. 10 2 each presidential candidate within the

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    2012 Delegate Selection Rules for the Democratic National Convention1tates delegation shall be equally divided2etween men and women.34 7.nclusion Programs***56 The Democratic National Committee recognizes7 that other groups of Americans in addition to8 those described in Rule 6 may be under-9 represented in Party affairs. These groups

    10 include members of the LGBT community, and11 people with disabilities. The National and State12 Parties shall adopt and implement Inclusion13 Programs in order to achieve the full14 participation of members of these and other15 groups in the delegate selection process and in16 all party affairs, as indicated by their presence17 in the Democratic electorate. As is already the18 practice in some states, State Parties may use19 goals to achieve these ends; however, in no2 0 event may such participation be accomplished21 by the use of quotas.2 223 8. National Convention Delegate2 4pportionment2 52 6 A. Apportionment of district-level delegates2 7ithin states shall be based on one of the2 8ollowing:2 93 0. A formula giving equal weight to total3 1opulation and to the average of the3 2ote for the Democratic candidates in3 3he two most recent presidential3 4lections;353 6. A formula giving equal weight to the3 7ote for the Democratic candidates in3 8he most recent presidential and3 9ubernatorial elections;4041. A formula giving equal weight to the42verage of the vote for the Democratic43andidates in the two most recent44residential elections and to Democratic45arty registration or enrollment as of46anuary 1, 2008 January 1. 2012; or4748. A formula giving one-third (1/3) weight49o each of the formulas in items (1), (2),50nd (3).

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    51 B. Apportionment for each body selecting52elegates to state, district, and county53onventions shall be based upon population54nd/or some measure of Democratic5 5trength.5657 C. The Call for the 2009 202 Convention shall58tate the base delegation for each59elegation. Seventy-five percent (75%) of60ach states base delegation shall be elected6 1t the congressional district level or smaller.6 2wenty-five percent (25%) of each states6 3ase delegation shall be elected at large.6 4elegates so elected shall hereafter be65ermed "district-level" and "at-large"6 6elegates, respectively. Each State6 7emocratic Chair shall certify all delegates6 8n writing to the Secretary of the DNC.6 97 0 D. In those states with more than one71ongressional district, after the election of7 2istrict-level delegates and prior to the7 3election of at-large delegates, each State7 4emocratic Chair shall certify pledged7 5arty leader and elected official delegates7 6qual to 15% of the states base delegation7 7elected pursuant to Rule 9.7 87 9 E. The election of district-level and at-large8 0elegates and alternates may take place at8 1he same meeting, provided that district-8 2evel delegates are selected first. In states8 3ith one congressional district the election8 4f delegates selected in accordance with8 5ules 8.B., 8.C., and 9.A., may be conducted8 6imultaneously. In all cases, affirmative8 7ction and fair reflection guidelines must be8 8et and the Democratic Chair of each such8 9tate shall make the certifications required9 0y subsection 8.D.9192 9. Unpledged and Pledged Party93eaders and Elected Official9 4elegates***959 6 A. The procedure to be used for certifying97npiedged party leader and elected official98elegates is as follows:

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    2012 Deleqate Selection Rules for the Democratic National ConventionIot later than March 1, 2008, the Secretary2f the Democratic National Committee shall3fficially confirm to each State Democratic4hair the names of the following unpiedged5elegates who legally reside in their6espective state and who shall be recognized7s part of their states delegation unless any8uch member has publicly expressed9upport for the election of, or has endorsed,10presidential candidate of another political11arty:1213. The individuals recognized as members14f the DNC (as set forth in Article Three,15ections 2 and 3 of the Charter of the16emocratic Party of the United States);

    17nd,1819. The Democratic President and the2 0emocratic Vice President of the United21tates, if applicable; and,2 22 3. All Democratic members of the United2 4tates House of Representatives and all2 5emocratic members of the United2 6tates Senate; and,2 72 8. The Democratic Governor, if applicable;2 9nd,3 03 1. All former Democratic Presidents, all3 2ormer Democratic Vice Presidents, all3 3ormer Democratic Leaders of the U.S.3 4enate, all former Democratic Speakers3 5f the U.S. House of Representatives3 6nd Democratic Minority Leaders, as3 7pplicable, and all former Chairs of the3 8emocratic National Committee.3 940 B. Following the selection of district-level41elegates, and prior to the selection of42ledged party leader and elected official43elegates, unpiedged add-on delegates shall44e selected according to the following45rocedures:4647. Unpledged add-on delegates may be48elected by either the same selecting49ody which will select the states party5 0eader and elected official delegates, or51y the same selecting body which will 5 2elect the states at-large delegates and5 3lternates.5 455. The equal division and affirmative56ction provisions of Rule 10.A. apply to5 7he selection of unpiedged add-on5 8elegates.596 0. The list from which the selecting body61hooses the unpledged add-on delegates62hall contain the same minimum63umber of names for every such add-on6 4osition to be filled as the minimum65umber of names required by the states6 6elegate selection plan to remain on the6 7ist of bona fide supporters for each at-6 8arge and pledged party leader and6 9lected official delegate pursuant to7 0ule 12.E.(2).717 2. Unpledged add-on delegates are not7 3ntitled to alternates, and neither shall7 4he delegation be entitled to a7 5eplacement, except in the case of death.7 67 7. Unpledged add-on delegates may be7 8elected whether or not they previously7 9iled a statement of candidacy for a8 0elegate position or submitted a pledge8 1f support for a presidential candidate.8 28 3 C. Following the selection of unpiedged add-8 4n delegates under 9.B., pledged party8 5eader and elected official delegates are to8 6e selected subject to the following8 7rocedures:888 9. Persons shall be considered for pledged90arty leader and elected official91elegates and alternates according to92he following priority: big city mayors93nd state-wide elected officials to be94iven equal consideration; state95egislative leaders, state legislators, and96ther state, county and local elected97fficials and party leaders.9899. These slots shall be allocated on the100ame basis as the states at-large10 1elegates.

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    2012 Delegate Selection Rules for the Democratic National Convention3 .f persons eligible for pledged party 52 5 .embership of the State Party

    leader and elected official delegate 53 Committee complies with the equalpositions have not made known their 54 division requirements of Article 9,presidential preference under the 55 Section 16 of the Charter of theprocedures established by the state 56 Democratic Party of the United States.pursuant to Rule 12 for candidates for 5 7district-level and at-large delegate 58 E .xcept as provided in 9.A. above, no personpositions, their preferences shall be 5 9 shall serve as an automatic delegate at anyascertained through alternative 60 level of the delegate selection process byprocedures established by the state 61 virtue of holding a public or party office.party, which shall require a signed 62pledge of support for a presidential 63 10.election of At-Largecandidate. Such an alternative system 64 Delegateshall have a final deadline forsubmitting a pledge of support after the 65selection of all district-level delegates 66 A . The selection of at-large delegates shall behas been completed and must provide 67 used, if necessary, to achieve the equalan opportunity for disapproval by the 68 division of positions between men andpresidential candidate or the candidates 69 women and the representation goalsauthorized representative. 7 0 established in the state partys Affirmative

    71 Action Plan. Such goals apply to the statesD. A states party leader and elected official 72 entire delegation considered as a whole.

    delegates may be chosen by a state 73 For purposes of this rule, the entireconvention or by a committee consisting of 74 delegation includes all unpledged as well asa quorum of district-level delegates. They 75 all pledged delegates. Delegates andmay also be chosen by the State Party 7 6 alternates shall each, as a group, be equallyCommittee, as recognized by the 77 divided and, to the extent possible, each as aDemocratic National Committee, but only if 78 group shall reflect the representation goalsthe states Delegate Selection Plan is in full 79 established in the states Affirmative Actioncompliance with these rules, and provided: 8 0 Plan.

    811 .embership on the State Party 8 2 B .states at-large delegates and alternatesCommittee is apportioned on the basis 83 shall be selected by one of the bodies,of population and/or some measure of 84 subject to the same conditions specified inDemocratic strength; 85 Rule 9.D. above, provided, however, the

    8 6 State Party Committee may choose such2 .embers of the State Party Committee 8 7 delegates and alternates only if the states

    have been elected through open 8 8 Delegate Selection Plan is in full complianceprocesses in conformity with the basic 8 9 with these rules.procedural guarantees utilized for 90delegate selection; 91 C .t-large delegates and alternates (including92 pledged party leader and elected official3 .uch delegates are elected at a public 93 delegates, which shall include those to bemeeting subsequent to the election of 94 allocated to uncommitted status) in primarydistrict-level delegates; 95 states shall be allocated according to the96 state-wide primary vote or, in states holding

    4.embers of the State Party Committee 97 no state-wide primary, according to theexercising such authority shall have 98 division of preferences among conventionbeen elected no earlier than the date of 99 and caucus participants. In non-primarythe previous presidential election; and 1 0 0 states which do not hold state conventions

    1 01 authorized to elect delegates, at-large10 1 P a g e

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    2012 Delegate Selection Rules for the Democratic National Convention1 1elegates shall be apportioned according to2he division of preferences among district-3evel delegates at the time of district-level4election. If a presidential candidate5ntitled to an allocation under this rule is no6onger a candidate at the time at-large7elegates are selected, his/her allocation8hall be proportionately divided among the9ther preferences entitled to an allocation.101 1 11. Timing of the Delegate12election Process***1 314. No meetings, caucuses, conventions or15rimaries which constitute the first

    16etermining stage in the presidential17omination process (the date of the18rimary in primary states, and the date19f the first tier caucus in caucus states)20ay be held prior to the first Tuesday in21ebruary or after the second Tuesday in22une in the calendar year of the national23onvention. Provided, however, that24he Iowa precinct caucuses may be held25o earlier 22 days before the first26uesday in February; that the Nevada27irst-tier caucuses may be held no earlier28han 17 days before the first Tuesday in29ebruary; that the New Hampshire3 0rimary may be held no earlier than 1431ays before the first Tuesday in3 2ebruary; and that the South Carolina3 3rimary may be held no earlier than 73 4ays before the first Tuesday in35ebruary. In no instance may a state3 6hich scheduled delegate selection3 7rocedures on or between the first3 8uesday in February and the second3 9uesday in June 1984 move out of40ompliance with the provisions of this41ule.4243. All steps in the delegate selection44rocess, including the filing of45residential candidates, must take place46ithin the calendar year of the4 7emocratic National Convention48except as otherwise provided in these49ules or specifically allowed by the DNC5 0ules and Bylaws Committee). 51 12. Presidential Preference5253 A. All candidates for delegate and alternate in54aucuses, conventions, committees and on55rimary ballots shall be identified as to56residential preference or uncommitted5 7tatus at all levels of a process which58etermines presidential preference.5 960 B. All persons wishing to be elected to a61istrict-level or at-large delegate position62ust file a statement of candidacy63esignating the presidential or64ncommitted preference of the delegate65andidate and a signed pledge of support66or the presidential candidate (including67ncommitted status) the person favors, if68ny, with the state party by a date certain as69pecified in the states Delegate Selection7 0lan. Persons wishing to be elected as71ledged party leader and elected official7 2elegates shall comply with Rule 9.C.(3).7374 C. All candidates considered for district-level75lternate positions must meet the same76equirements as candidates for district-level77elegate positions, except that the state may78llow candidates who were not chosen at7 9he delegate level to be considered at the8 0lternate level.818 2 D. Prior to the selection of national convention8 3elegates and alternates, the state party84hall convey to the presidential candidate,8 5r that candidates authorized86epresentative(s), a list of all persons who8 7ave filed for delegate or alternate positions8 8ledged to that presidential candidate. All8 9uch delegate and alternate candidates shall90e considered bona fide supporters of the9 1residential candidate whom they have92ledged to support, unless the presidential93andidate, or that candidates authorized94epresentative(s), signifies otherwise in95riting to the state party by a date certain as96pecified in the states Delegate Selection97lan.9899. Presidential candidates shall certify in1 0 0riting to the Democratic State Chair

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    2012 Delegate Selection Rules for the Democratic National Convention1 the name(s) of their authorized 52 alternate position to which the2 representative(s) by a date certain. 53 presidential candidate is entitled, except3 54 that a state may provide in its delegate4 2.n states where delegates are voted 55 selection plan, if the plan is approved by5 upon on the ballot, the date by which 56 the Rules and Bylaws Committee, that6 the presidential candidate, or that 57 presidential candidates (including7 candidates authorized 58 uncommitted status), may remove any8 representative(s), signifies approval or 59 candidate for an at-large and party9 disapproval of the list of delegate and 60 leader and elected official delegate or

    10 alternate candidates in writing to the 61 alternate position from the list of bona11 state party as required by Rule 12.D., 62 fide supporters as long as, at a12 must allow sufficient time to ensure that 63 minimum, two (2) names remain for13 names removed from the list do not 64 every position to which the presidential14 appear on the ballot. 65 candidate is entitled.15 6616 E .ational convention delegate and alternate 67 F.tate parties shall ensure that state Delegate17 candidates removed from the list of bona 68 Selection Plans provide fair and adequate18 fide supporters by a presidential candidate, 69 time for persons to file for delegate or19 or that candidates authorized 70 alternate positions, and for presidential20 representative(s), may not be elected as a 71 candidates, or their authorized21 delegate or alternate at that level pledged to 72 representative(s), to review the list of2 that presidential candidate (including 73 persons who have filed, and to remove from3 uncommitted status). 74 that list persons not confirmed by the

    75 presidential candidate or his/her1.residential candidates may not remove 76 representative(s) as bona fide supporters ofany candidate for a district-level 77 the presidential candidate.delegate or alternate position from the 78

    list of bona fide supporters unless, at a 79 G. Except in states where individual delegatesminimum, three (3) names remain for 80 and alternates are selected on the ballot,every such position to which the 81 district-level national convention delegatespresidential candidate is entitled. 82 and alternates pledged to a presidentialProvided, however, that in states where 83 candidate (including uncommitted status)

    3 individual district-level delegates and 8 4 shall be selected or nominated by a caucusalternates are voted upon on the ballot, 85 of persons from the unit electing the5 the presidential candidate, or that 86 delegates and alternates who signcandidates authorized 87 statements of support for that presidentialrepresentative(s), may approve a 88 candidate. Uncommitted delegates andnumber of delegate candidates or 89 alternates shall be elected by thealternate candidates equal to or greater 90 uncommitted caucus from the appropriatethan the number of delegates or 91 unit.

    alternates allocated to the district. 9293 H. A district-level delegate and alternate2.residential candidates (including 94 candidate may run for election only withinuncommitted status), in consultation 95 the district in which he or she is registeredwith the state party, may remove any 96 to vote. For purposes of these rules, allcandidate for at-large and pledged party 97 delegates and alternates at any level of theleader and elected official delegate or 98 delegate selection process must be bona fidealternate position from the list of bona 99 Democrats who have the interests, welfarefide supporters as long as, at a 100 and success of the Democratic Party of theminimum, one (1) name remains for 101 United States at heart, who subscribe to theevery national convention delegate or 102 substance, intent and principles of the

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    2012 Delegate Selection Rules for the Democratic National Convention1 Charter and the Bylaws of the Democratic 50 B .tates shall allocate district-level delegates2 Party of the United States, and who will 5 1 and alternates in proportion to the3 participate in the Convention in good faith. 52 percentage of the primary or caucus vote4 53 won in that district by each preference,5 I .o delegate at any level of the delegate 54 except that preferences falling below a6 selection process shall be mandated by law 55 fifteen percent (15%) threshold shall not be7 or Party rule to vote contrary to that 56 awarded any delegates. Subject to section F.8 persons presidential choice as expressed at 57 of this rule, no state shall have a threshold9 the time the delegate is elected. 58 above or below fifteen percent (15%). States10 59 which use a caucus/ convention system,

    1 1 J .elegates elected to the national convention 60 shall specify in their Delegate Selection12 pledged to a presidential candidate shall in 61 Plans the caucus level at which such13 al l good conscience reflect the sentiments of 62 percentages shall be determined.14 those who elected them. 6315 64 C. A presidential candidate or his/her16 K. 1.ased on the right of the Democratic 65 authorized representative(s) should act in17 Party to freely assemble and to 66 good faith to slate delegate and alternate18 determine the criteria for its candidates, 67 candidates, however, in any event, if a19 it is determined that all candidates for 68 presidential candidate (including20 the Democratic nomination for 69 uncommitted status) has qualified to receive21 President or Vice President shall: 70 delegates and alternates but has failed to22 71 slate a sufficient number of delegate and23 a,e registered to vote, and shall have 72 alternate candidates, then additional24 been registered to vote in the last 73 delegates and alternates for that preference25 election for the office of President 74 will be selected in a special post-primary26 and Vice President; and 75 procedure. The State Party will administer27 76 special post-primary procedures according28 b .ave demonstrated a commitment 77 to rules approved by the DNC Rules and29 to the goals and objectives of the 78 Bylaws Committee and such procedures30 Democratic Party as determined by 79 should be set forth in the states delegate31 the National Chair and will 8 0 selection plan, where applicable.32 participate in the Convention in 8133 good faith. 8 2 D. District-level delegates and alternates shall34 83 be allocated according to the following35 2 .t is further determined that these 8 4 procedures:36 requirements are in addition to the 8 537 requirements set forth by the United 8 6 Step 1: Tabulate the percentage of the vote38 States Constitution and any law of the 8 7 that each presidential preference39 United States. 8 8 (including uncommitted status)40 8 9 receives in the congressional district41 13.air Reflection of 90 to three decimals.42 Presidential Preferences 92 Step 2: Retabulate the percentage of the43 93 vote to three decimals, received by44 A . Delegates shall be allocated in a fashion that 94 each presidential preference45 fairly reflects the expressed presidential 95 excluding the votes of presidential46 preference or uncommitted status of the 96 preferences whose percentage in47 primary voters or, if there is no binding 97 Step I falls below 15%.48 primary, the convention and/or caucus 9849 participants. 99 Step 3: Multiply the number of delegates to100 be allocated by the percentage

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    23456789

    101 112131415161718192 02 12 22 32 4252 62 72 82 93 03 13 23 33353 63 73 83 94 04 14 24 344454 6474 849505 1

    2012 Delegate Selection Rules for the Democratic National Conventionreceived by each presidential 52 preference of voters, the plan mustpreference. 5 3 provide for the timely reporting of the

    54 election results to the state party.Step 4: Delegates shall be allocated to each 5 5

    presidential preference based on the 56 14.etition Requirements andwhole numbers which result from 57 Filing Deadlinesthe multiplication in Step 3. 5 8

    Step 5: Remaining delegates, if any, shall be 59 A .f a state requires the filing of petitions withawarded in order of the highest 6 0 the signatures of registered/ enrolled votersfractional remainders in Step 3. 61 as the sole method to place a presidential6 2 candidates name on the primary ballot in

    E .t-large and pledged party leader and 6 3 connection with the Democratic presidentialelected official delegate and alternate 6 4 nominating process, such number of validpositions shall be allocated to presidential 6 5 signatures shall not exceed 5,000.preferences by reference to primary orconvention votes or to the division of

    6 66 7 B .f a state requires the payment of a fee by a

    preference among district-level delegates or 6 8 presidential candidate in connection withalternates, as the case may be, as specified in 6 9 the Democratic presidential nominatingRule 1.C., except that a preference falling 7 0 process, such fee shall not exceed $2,500.below a threshold of fifteen percent (15%)shall not be awarded any delegates or

    7172 C .f a state requires the filing of a petition with

    alternates at this level. Such delegates and 73 the signatures of registered/ enrolled votersalternates in primary states shall be 7 4 in order to have a delegate/ alternateallocated to presidential preference 75 candidate gain access to the primary ballot(including uncommitted status) according 7 6 in connection with the Democraticto the statewide primary vote. 7 7 presidential nominating process, the7 8 number of valid signatures shall not exceed

    F .n all situations where no preference reaches 7 9 either one half of one percent (.5%) of thethe applicable threshold, the threshold shall 8 0 registered/ enrolled Democrats in suchbe the percentage of the vote received at 81 district or one half of one percent (.5%) ofeach level of the delegate selection process 8 2 the total votes in such district for allby the front-runner minus 10 percent. 8 3 Democratic presidential candidates8 4 (including uncommitted) during theG. Under no circumstances shall the use of 8 5 immediately preceding presidential

    single-delegate districts be permitted. 8 6 nominating process, whichever is lower, but8 7 in no event shall the number of validH. For the purpose of fairly reflecting the 8 8 signatures required exceed 500.

    division of preferences, the non-bindingadvisory presidential preference portion of

    8 99 0 D. Subject to the prior sections of this rule, the

    primaries shall not be considered a step in 9 1 number of valid signatures required of athe delegate selection process and is 9 2 presidential candidate to file a petition toconsidered detrimental. State parties must 9 3 gain access to the primary ballot, and thetake steps to educate the public that a non- 9 4 number of valid signatures required of abinding presidential preference event is 9 5 delegate/ alternate candidate to gain accessmeaningless, and state parties and 9 6 to the primary ballot, and the fees requiredpresidential candidates should take all steps 9 7 to be paid to the state by a presidentialpossible not to participate. 9 8 candidate and by a delegate/ alternate9 9 candidate to gain access to the primary1.n a state that uses a caucus and/or 1 0 0 ballot, in connection with the Democratic

    convention to determine presidential 1 01 presidential nominating process, shall not1 4 1 1 1 a g e

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    2012 Delegate Selection Rules for the Democratic National ConventionI exceed those in effect in the particular state 50 16 .roxy Voting2 as of January 1, 1994. 5134 E .o deadline for the filing of petitions for 5253 To insure full participation in the delegateselection process, state party rules may, at their5 participation in the presidential nomination 5 4 discretion, provide for proxy voting. Such rules6 process by a presidential candidate shall be 55 shall allow an accredited participant in a7 less than 30 days in advance of the primary 5 6 caucus, convention or committee meeting, after8 or caucus nor more than 75 days in advance 57 having appeared at such meeting and having9 of the primary or caucus. 58 established credentials, to register the non-10

    11 F .o candidate for delegate or alternate shall 596 0 transferable proxy with another duly accreditedparticipant at that meeting (except where an12 be required to file a statement of candidacy 61 accredited alternate is present and eligible to13 or a pledge of support as required by Rule 6 2 serve as a replacement). No such rule shall14 12.B. prior to 30 days before such delegate 6 3 allow a person to hold more than three (3)15 or alternate candidate is to be selected or 6 4 proxies at a time.16 elected in a primary, caucus or pre-primary 6517 caucus; provided, however, that in states18 holding a presidential primary where 6 6 17.nit Rule and Slate-Making19 individual district-level delegates or 6 72 0 alternates are to be voted upon on the ballot, 6 8 A. The unit rule, or any rule or practice21 no candidate for delegate or alternate shall 69 whereby all members of a Party unit or2 2 be required to submit or file a statement of 7 0 delegation may be required to cast their2 3 candidacy or a pledge of support prior to 90 71 votes in accordance with the will of a2 4 days before the date on which they are to be 7 2 majority of the body, shall not be used at2 5 voted upon. 7 3 any stage of the delegate selection process.2 6 7 42 7 G . No candidate for at-large or pledged party 7 5 B .ny individual or group of Democrats may2 8 leader and elected official delegate or 7 6 sponsor or endorse a slate of candidates for2 9 alternate shall be required to file a statement 7 7 convention delegates. But no slate may, by30 of candidacy or a pledge of support 7 8 virtue of such endorsement, receive a31 required by Rule 12.B. prior to 30 days 7 9 preferential place on a delegate selection3 2 before the date when the delegate or 8 0 ballot or be publicly identified on the ballot3 3 alternate is to be selected or voted upon. 81 as the official Democratic Party organization3 4 8 2 slate, and all slates must meet identical3 5 H. No states delegate selection rules may 8 3 qualifying requirements for appearing on a3 6 require the filing of district-level delegate or 8 4 ballot at all levels of the delegate selection3 7 alternate candidates pledged to a 8 5 process.3 8 presidential candidate or uncommitted 8 63 9 status as a condition of access by a 8 7 18.lternates an d40 presidential candidate to the primary ballot

    8 8 Vacancies***41 for voting upon presidential preference.42 9843 15.uorum Requirements 90 A. Alternate delegates shall be selected by91 primary, convention or committee processes45 N o less than forty percent (40%) of the members 9293 subject to the same National Party Rulesapplicable to the selection of delegates,46 of any Party body above the first level of the 94 except that the provisions of Rules 9.A. and47 delegate selection process shall constitute a 95 9.B. shall not apply to the election of48 quorum for any business pertaining to the 96 alternates. Each State Democratic Chair49 selection of convention delegates. 97 shall certify all alternates in writing to the98 Secretary of the DNC.

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    I B. If a given presidential preference is entitled2o one or more delegate positions in a state345678910

    1 1121 3 D. Each state Delegate Selection Plan shall14pecifically provide how and under what15onditions an alternate is to replace or act in16ieu of (collectively referred to as "replace"17r "replaces") a delegate.1819elegate Selection Plans may specify2 0ne or any combination of the followingalternatives for permanent andtemporary replacements:The delegate chooses the alternate;b.he delegation chooses thealternate;

    C.he alternate who receives thehighest number of votes; or

    d.uch other process as protects theinterests of presidential candidates,delegates and alternates.42434445464748495 051

    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 presidential

    but would not otherwise be entitled to analternate 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.

    2012 Deleaate Selection Rules for the Democratic National Convention

    5 2andidate has only one alternate, in5 3hich case, that alternate shall become5 4he certified delegate.555 6. A temporary replacement occurs when57delegate is to be absent for a limited5 8eriod of time during the convention5 9nd an alternate temporarily acts in the6 0elegates place. Any alternate who61emporarily replaces a delegate must be62f the same presidential preference63including uncommitted status) as the6 4elegate he/she replaces, and to the65xtent possible shall be of the same sex66nd from the same political subdivision6 7ithin the state as the delegate.6 86 9 E. Delegates elected under the provisions of7 0ules 9.A. and 9.B. shall not be entitled to7 1ame a replacement under Rule 18.D. nor7 2hall the state be entitled to a replacement7 3xcept in case of d ea th.*747 5 F. A vacant alternate position shall be filled by76he delegation. The replacement shall be of7 7he same presidential preference (or7 8ncommitted status), of the same sex and, to7 9he extent possible, from the same political8 0ubdivision as the alternate being replaced.8 1ach replacement of a vacant alternate8 2osition shall be certified in writing to the8 3ecretary of the DNC by the State8 4emocratic Chair.8 586 19. DNC Rules and Bylaws8 7ommilfee8 88 9 A. The DNC Rules and Bylaws Committee will9 0ssist in the administration and enforce91ffirmative action and delegate selection92equirements for the national and state93emocratic Parties.9 495 B. The DNC Rules and Bylaws Committee9 6hall implement the Delegate Selection9 7ules in a manner consistent with these9 8ules.9 9

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    2012 Deleaate Selection Rules for the Democratic National Convention

    1 C. The DNC Rules and Bylaws Committee will2rovide state parties with a model Delegate3election and Affirmative Action Plan.45 D. The DNC Rules and Bylaws Committee6hall:review Affirmative Action 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 anddelegate selection implementation;

    hear and recommend solutions toaffirmative action complaintsunresolved by appropriate state partybodies.

    23 E. The DNC Rules and Bylaws Committee24hall retain jurisdiction over the approval of25mendments to state Delegate Selection26lans and state delegation compliance with27qual division requirements, even after the28onvention Credentials Committee assumes29urisdiction over challenges to the3 0redentials of delegates.313 2 F. No later than December- 15, 2006 December3 35, 2010 the DNC Rules and Bylaws3 4ommittee shall send to state parties its3 5egulations adopted pursuant to these rules3 6nd a checklist.3 73 8 G. The DNC shall allocate sufficient financial3 9esources and staff to implement this rule.4041 20. Cha l lenges***4243 A. Jurisdictional Challenges. Any challenges44o a state party organization in respect to its45tatus as the body entitled to sponsor a46elegation from that state must be47resented to the DNC at any time up to48hirty (30) days prior to the initiation of the49tates delegate selection process. Such a50hallenge must be brought by at least fifteen5115) Democrats from the state. 52 B. Submission, Non-Implementation and53iolation Challenges. Failure to submit or54mplement an approved affirmative action55rogram by the deadline specified in these56ules shall constitute grounds for a57hallenge with the burden of proof on the58hallenged party.5960. At any time up to thirty (30) days prior61o the initiation of the states delegate62election process, any group of not less63han fifteen (15) Democrats in that state64an challenge the affirmative action65rogram on the basis of non-66mplementation of a specific67equirement of a state plan, which68hallenge shall include reasonable69ocumentation of alleged violations. (In70uch challenges, the challenging party71hall have the burden of proof, but the72hallenged party shall present its case73irst.)7475.n the absence of any such76hallenge, the implementation of77ny such program shall be78resumptively in compliance.7980.f challenged and upheld, the81ompliance of such implementation82rograms shall be conclusive but not83s to compliance or non-compliance84hat may occur after the date of the85hallenge.8687. Challenges regarding alleged violation88f an approved Delegate Selection Plan89hall first be brought to the appropriate90tate Democratic Party body for a91ecision to be rendered within twenty-92ne (21) days. After due notice, any93ggrieved party shall have the right to94ppeal to the DNC Rules and Bylaws95ommittee within ten (10) days96ollowing the decision of the state body97ccording to procedures established by98NC Rules and Bylaws Committee.991 00. The DNC Rules and Bylaws Committee1 01hall either certify compliance, certify1 02on-compliance or require corrective

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    I

    345678910

    1 1121 3141 5161718192 0212 2

    45464 74 8495051

    2012 Delegate Selection Rules for the Democratic National Conventionaction after which compliance or non- 52 of this section includes, but is notcompliance shall be certified. 53 limited to, purchasing print,

    54 internet, or electronic advertisingC .. a.iolation of timing: In the event the 55 that reaches a significant percentage

    Delegate Selection Plan of a state 56 of the voters in the aforementionedparty provides or permits a meeting, 57 state; hiring campaign workers;caucus, convention or primary 58 opening an office; making publicwhich constitutes the first 59 appearances; holding newsdetermining stage in the 6 0 conferences; coordinating volunteerpresidential nominating process to 61 activities; sending mail, other thanbe held prior to or after the dates for 62 fundraising requests that are alsothe state as provided in Rule 11 of 63 sent to potential donors in otherthese rules, or in the event a state 6 4 states; using paid or volunteerholds such a meeting, caucus, 65 phoners or automated calls toconvention or primary prior to or 6 6 contact voters; sending emails orafter such dates, the number of 6 7 establishing a website specific topledged delegates elected in each 6 8 that state; holding events to whichcategory allocated to the state 6 9 Democratic voters are invited;pursuant to the Call for the National 70 attending events sponsored by stateConvention shall be reduced by fifty 71 or local Democratic organizations;(50%) percent, and the number of 72 or paying for campaign materials toalternates shall also be reduced by 73 be used in such a state. The Rulesfifty (50%) percent. In addition, 7 4 and Bylaws Committee willnone of the members of the 75 determine whether candidateDemocratic National Committee 7 6 activities are covered by this section.and no other unpledged delegate 7 7allocated pursuant to Rule 8.A. from 7 8 2 .iolation of proportional representation:that state shall be permitted to vote 7 9 In the event the Delegate Selection Planas members of the states delegation. 8 0 of a state party provides or permits theIn determining the actual number of 81 pledged delegates or alternates to bedelegates or alternates by which the 82 allocated to a presidential preferencestates delegation is to be reduced, 83 (including uncommitted status) otherany fraction below .5 shall be 8 4 than as provided under Rule 13 of theserounded down to the nearest whole 85 rules, or in the event a state party, innumber, and any fraction of .5 or 86 fact, allocates its pledged delegates orgreater shall be rounded up to the 8 7 alternates to a presidential preferencenext nearest whole number. 8 8 (including uncommitted status) other89 than as provided under Rule 13 of these

    b .presidential candidate who 90 rules, the delegation of the state shall becampaigns in a state where the state 91 reduced by the same amount and asparty is in violation of the timing 9 2 provided in section C.(1) of this rule.provisions of these rules, or where a 93primary or caucus is set by a states 9 4 3.iolation of the threshold: In the eventgovernment on a date that violates 95 the Delegate Selection Plan of a statethe timing provisions of these rules, 9 6 party provides or permits a thresholdmay not receive pledged delegates 9 7 other than fifteen percent (15%) percentor delegate votes from that state. 9 8 as set forth in Rule 13 of these rules, orCandidates may, however, 99 in the event a state party in fact permitscampaign in such a state after the 1 0 0 the implementation of a threshold otherprimary or caucus that violates these 1 0 1 than fifteen percent (15%) percent asrules. "Campaigning" for purposes 1 0 2 provided in Rule 13 of these rules, the

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    2012 Deleqate Selection Rules for the Democratic National Convention1elegation of the state shall be reduced2y the same amount and as provided in3ection C.(1) of this rule.45. Upon a determination of the DNC Rules6nd Bylaws Committee that a state is in7iolation as set forth in subsections (1),82) or (3) of section C. of this rule, the9eductions required under those10ubsections shall become effective11utomatically and immediately and12ithout further action of the DNC Rules13nd Bylaws Committee, the Executive14ommittee of the DNC, the DNC or the15redentials Committee of the16emocratic National Convention.

    1718. Nothing in the preceding subsections of19his rule shall be construed to prevent20he DNC Rules and Bylaws Committee21rom imposing additional sanctions,22ncluding, without limitation, those23pecified in subsection (6) of this section24., against a state party and against the25elegation from the state which is26ubject to the provisions of any of27ubsections (1) through (3) of this28ection C., including, without limitation,29stablishing a committee to propose and3 0mplement a process which will result in31he selection of a delegation from the3 2ffected state which shall (i) be broadly3 3epresentative, (ii) reflect the states3 4ivision of presidential preference and3 5ncommitted status and (iii) involve as3 6road participation as is practicable3 7nder the circumstances.3 9. Nothing in these rules shall prevent the40 DNC Rules and Bylaws Committee41 from imposing sanctions the Committee42 deems appropriate with respect to a43 state which the Committee determines44 has failed or refused to comply with45 these rules, where the failure or refusal46 of the state party is not subject to47 subsections (1), (2) or (3) of this section48 C . Possible sanctions include, but are49 not limited to: reduction of the states5 0 delegation; pursuant to Rule 21.C.,51 recommending the establishment of a

    5 2 committee to propose and implement a5 3 process which will result in the selection5 4 of a delegation from the affected state55 which shall (i) be broadly56 representative, (ii) reflect the states5 7 division of presidential preference and5 8 uncommitted status and (iii) involve as5 9 broad participation as is practicable60 under the circumstances; reducing, in61 part or in whole, the number of the62 states temporary and permanent63 members to the Standing Committees;64 reducing, in part or in whole, the65 number of guests, VIP and other66 passes/ tickets to the National67 Convention and related functions;68 assignment of location of the states69 delegates and alternates in the7 0 Convention hall; and assignment of the71 states housing and other convention72 related facilities.7374 7 .n the event a state shall become subject75 to subsections (1), (2) or (3) of section C.76 of this rule as a result of state law but77 the DNC Rules and Bylaws Committee,78 after an investigation, including79 hearings if necessary, determines the80 state party and the other relevant81 Democratic party leaders and elected8 2 officials took all provable, positive steps83 and acted in good faith to achieve84 legislative changes to bring the state law85 into compliance with the pertinent86 provisions of these rules and determines87 that the state party and the other8 8 relevant Democratic party leaders and8 9 elected officials took all provable,9 0 positive steps and acted in good faith in91 attempting to prevent legislative92 changes which resulted in state law that93 fails to comply with the pertinent9 4 provisions of these rules, the DNC Rules95 and Bylaws Committee may determine96 that all or a portion of the states9 7 delegation shall not be reduced. The98 state party shall have the burden of9 9 proving by clear and convincing100 evidence that it and the other relevant101 Democratic party leaders and elected102 officials took all provable, positive steps

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    2012 Delegate Selection Rules for the Democratic National ConventionInd acted in good faith to achieve2egislative changes to bring the state law3nto compliance with the pertinent4rovisions of these rules and that it and5he other relevant Democratic party6eaders and elected officials took all7rovable, positive steps and acted in8ood faith in attempting to prevent the9egislative changes which resulted in0tate law that fails to comply with the1ertinent 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 this

    Rule 20 in the event the state party ordelegation becomes subject to this Rule190 by which categories of delegates20ust be reduced by fifty percent (50%)21ercent, which specific method and22rocedures shall be subject to the review23nd approval of the DNC Rules and24ylaws Committee. In the event a25tates Delegate Selection Plan does not26rovide for the specific method and27rocedures 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 and

    45ylaws Committee shall, by lottery, or6ther appropriate method determined47y the DNC Rules and Bylaws48ommittee, determine which delegates49nd alternates shall not be a part of the50tates delegation in order to achieve the51eduction of the states delegation20) P a g e

    52ursuant to this Rule 20. Any reduction53f delegates under this provision shall54e accomplished in a manner which55omplies with the requirement of56roportional representation as provided57or in Rule l3.5859. Except as provided by subsection (7) of60his section C., the fact that a state party61ook provable, positive steps as62rovided in Rule 21 of these rules shall63ot preclude the states delegation from64eing subject to the sanctions set forth in65ubsections (1), (2), (3), (4) and (5) of this66ection C.6768 D. Unresolved Challenges and Report to the69redentials Committee. The DNC Rules and70ylaws Committee shall report its activities,7 1ogether with all challenges and complaints,72o the Credentials Committee of the73emocratic National Convention. In cases74nvolving unresolved challenges which are75ppealed to the Credentials Committee, the76urden of proof shall rest with the party77resenting the challenge.7879 21. State Legislative Changes808 1 A. Subject to Rule 18.C. of these Rules,82herever any part of any section contained83n these rules conflicts with existing state84aws, the state party shall take provable85ositive steps to achieve legislative changes86o bring the state law into compliance with87he provisions of these rules.8889 B. Provable positive steps shall be taken in a90imely fashion and shall include: the91rafting of corrective legislation; public92ndorsement by the state party of such93egislation; efforts to educate the public on94he need for such legislation; active support95or the legislation by the state party96obbying state legislators, other public97fficials, Party officials and Party members;98nd encouraging consideration of the99egislation by the appropriate legislative100ommittees and bodies.

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    2012 Delegate Selection Rules for the Democratic National Convention1 C. A state party may be required by a vote of2he DNC Executive Committee upon a3ecommendation of the DNC Rules and4ylaws Committee to adopt and implement5n alternative Party-run delegate selection6ystem which does not conflict with these7ules, regardless of any provable positive8teps the state may have taken.