US Laws, Codes, Statutes & Cases

                                  TITLE  34
                                  ELECTIONS
                                  CHAPTER 7
                        NOMINATIONS -- CONVENTIONS --
                              PRIMARY ELECTIONS
    34-736.  DELEGATES TO NATIONAL CONVENTION. (1) Upon completion of the
state canvass of the results of the presidential primary, the secretary of
state shall certify to the state chairman of each political party
participating in the presidential primary the number of votes received by each
candidate of that party and the number of votes for an uncommitted delegation
received by that party.
    (2)  Each political party shall then select as many delegates and
alternates to the national party convention as are allotted to it by the
national committee of that party, according to the provisions of the following
subsections of this section.
    (3)  Eighty per cent (80%) of such delegates and eighty per cent (80%) of
such alternates to a national party convention shall be selected by a party at
its state convention, or as the party rules otherwise provide, from among:
    (a)  The persons named on the lists of proposed delegates to the national
conventions filed with the secretary of state by that party's respective
candidates for nomination by the party for president of the United States; and
    (b)  The persons selected by that party at its state convention, or as the
party rules otherwise provide, to comprise any uncommitted delegation.
    (4)  The number of delegates and the number of alternates selected by a
party from a candidate's list of proposed delegates, or selected by that party
to comprise any uncommitted delegation, shall bear the same proportion to
eighty per cent (80%) of the total number of delegates and alternates allotted
to such party as the total vote received by such candidate or uncommitted
delegation bears to the total combined vote cast in said primary election for
all candidates and uncommitted delegation, if any, receiving more than five
per cent (5%) of the votes cast for that party. Upon determination of the
number of delegates and alternates that shall be selected from each
candidate's list of proposed delegates and that shall be selected to comprise
an uncommitted delegation, if any, the party shall then select delegates and
alternates to that party's national convention in that respective number from
each such list and to comprise the uncommitted delegation, if any. The
delegates and alternates comprising any such uncommitted delegation shall be
selected as the party rules determine.
    (5)  Twenty per cent (20%) of the delegates and twenty per cent (20%) of
the alternates to a national party convention as are allotted to a party by
the national committee of that party shall be selected as delegates and
alternates to the national convention of that party as the party rules may
determine.
    (6)  In the event a candidate in the presidential preference primary fails
to file with the secretary of state a list of proposed delegates to his
party's national convention, or to the extent that such list of proposed
delegates provided by such candidate fails to name a sufficient number of
persons qualified for the office of delegate, such number of delegates and
alternates, as would be selected from said candidate's list of proposed
delegates according to the election results, shall be selected by the party as
delegates and alternates to that party's national convention, as the party
rules may determine.
    (7)  When selecting a delegate or an alternate from a candidate's list of
proposed delegates, as provided for in this section, the party shall have the
authority to select any qualified person on that list for the office of such
delegate or alternate.
    (8)  In calculating the apportionment of delegate votes in conjunction
with the selection of delegates and alternates, as provided for in this
section, such proportions of delegate votes shall be expressed as
decimal-fractional votes or the nearest whole number of delegate votes as the
rules of the particular national party or convention may provide.
    (9)  There shall be no unit rule applied to or by the delegation of any
party to that party's national convention. No party or delegation shall commit
or instruct delegates and alternates selected from that party's candidates'
lists of proposed delegates or selected as uncommitted delegates and
alternates. Other delegates and alternates may be committed and/or instructed
as the party rules may provide.