Texas GOP rules are better than expected

[nate895]

It merely requires a majority of delegates to the state convention to amend the rules.

Texas GOP rules.

I know Georgia is the same, but we must compile all available amendment procedures.

 

[ItsTime]

go get em Texas!

 

[OptionsTrader]

I will fight to get there.

 

[Phantom]

Nice find nate895

 

[hyoomen]

I'll post it in a little bit, but unless this is a part of the delegate apportionment law that the State of Texas requires the Republican Party to deliver in January and adhere to after the Primary until the end of the election year, then we may be dealing with state law.

I'll see when I can get it up.

 

[nate895]

I'll post it in a little bit, but unless this is a part of the delegate apportionment law that the State of Texas requires the Republican Party to deliver in January and adhere to after the Primary until the end of the election year, then we may be dealing with state law.

I'll see when I can get it up.

In the GOP rules, it states the primary is advisory, and it even provides rules for the primary. In Texas it appears that it is the state convention that matters, and nothing else.

 

[nate895]

Oh, and we can get the three unpledged RNC members as well.

 

[nate895]

bump

 

[nate895]

bump, I need other states and for Texans to get the word out.

 

[TastyWheat]

I might not be able to go to the RNC, but I'll make sure to be there for state so you don't have to vote for McAss.

 

[mavtek]

I'm already nominated for the state convention, so that feels good. Well as an alternate anyway.

 

[nate895]

Mavtek and tasty wheat, anything helps, and one vote can make a difference.

 

[hyoomen]

nate, et al

Here is what I had posted to one of the Meetup mailing lists:

Additionally, if you'd like to read the current summation of rules from the Texas House Research Organization, check out http://www.hro.house.state.tx.us/framer4.htm. Obviously the primary question -- which I believe has been researched by the OCATI crew, is whether the rules regarding restriction of delegates are from the Republican Party or from the State of Texas. Obviously if they are Republican rules, there's the potential they could be changed.

In doing my own research, here's the issue I've found:
http://tlo2.tlc.state.tx.us/statutes/docs/EL/content/htm/el.011.00.000191.00.htm#191.007.00

"§ 191.007. ALLOCATION OF DELEGATES. Each political party holding a presidential primary election shall adopt a rule for allocating delegates based on the results of the presidential primary election. At least 75 percent of the total number of delegates who are to represent this state at the party's national presidential nominating convention, excluding delegates allocated among party and elected officials, shall be allocated in accordance with the rule among one or more of the candidates whose names appear on the presidential primary election ballot and, if applicable, the uncommitted status."

This indicates that it is up to the Republican Party to set and change the rules regarding this manner. However, in 191.008 f) we see:
"(f) The rules may be amended at any time by the state executive committee, but an amendment adopted in a presidential election year after the rules are filed with the secretary of state under Subsection (d) may not take effect until after the presidential election year if the rule affects the selection of delegates to the national presidential nominating convention."

I could be mistaken, but that seems to me as though the rules are set after the Presidential Primary and can't be change until after the national election. Can anybody refute this for me so I can sleep tonight? Further, if it is up to the State Executive Committee to amend rules, can this be superceded?

-Rob

As noted, I haven't reviewed all of the rules -- but rule changes cannot be put into effect until after the main election is over (unless stipulated otherwise in Republican Party rules).

 

[Ball]

This is irrelevant. The only rules binding in the national convention are the national convention rules.

Just get national delegates. The rest is cake!

 

[Ball]

The OCATI folks have indeed researched the rules (and have been consulted by insiders).

We have it covered. All we need are national delegates.

 

[TastyWheat]

According to this document (http://www.texasgop.org/site/DocServer/2006_General_Rules.pdf) the rules at the state convention can be amended, including how delegates are bound. It looks like it can't be just suggested by anybody though, it needs to go through a committee.

Rule No. 1 - Adoption and Amendment of Rules; Clarification

These Rules, having been filed with the Secretary of State of Texas, together with the statutes, rules
and bylaws adopted by reference shall constitute the Rules of the Republican Party of Texas.

a. Amendments – Amendments to rules may be proposed by:

1. Majority vote of the State Republican Executive Committee, (SREC), at any meeting
properly called and constituted, provided at least thirty (30) days notice has been given
in writing to each member thereof; or

2. A Temporary or Permanent Rules Committee of any state convention.​

b. Adoption – These Rules may be changed only by action of a state convention, such action
reflecting a majority of votes cast by delegates present and voting. When any change is made, a
certified copy of the changes shall be filed with the Secretary of State not later than thirty (30)
days following their adoption.

c. Temporary and Emergency Changes – The SREC in its best judgment, by a two-thirds (2/3)
vote of those present and voting may prescribe such temporary and emergency changes of these
Rules so as to permit the orderly conduct of the affairs of the Republican Party of Texas in
accordance with the intent and purpose of these Rules. Such temporary and emergency changes
may be made when the conduct, operation, or implementation of these Rules will become
frustrated or impracticable, or contrary to their intent and purpose, if by reason of:

1. valid laws enacted by the Legislature of the State of Texas;

2. any administrative or judicial action of any officer, or agency of the State of Texas or
any county or political subdivision thereof, or of the Federal Government;

3. any interpretation of these Rules as they relate to the Rules of the National Republican
Party by any duly authorized official of the Republican National Committee; or

4. technical inconsistencies or defects.​

Any such changes shall be valid only until such time, if any, as they are ratified or amended by the
next subsequent State Convention, or until the adjournment of such State Convention, whichever shall
occur first.

d. Clarification – Any member of the Republican Party who discovers an ambiguity in these rules
may request in writing a clarification from the county chairman or the State Chairman.
Clarification from the State Chairman shall be binding on all members of the Republican Party
until final clarification is made by majority vote of the SREC. Any clarification made shall be
to maintain the intent and purpose of these Rules as originally adopted.

e. Definitions – Pursuant to the incorporation of Section 311.014 of the Texas Government Code
under Rule 4 of these Rules, when computing any period of days referred to in these Rules, the
first day is excluded and the last day is included. Also, if the last day of any period of days is a
Saturday, Sunday, or legal holiday, then the period is extended to include the next day that is
not a Saturday, Sunday, or legal holiday.​

 

[1836]

Texas is a good place for freedom.