Republican

National
Committee
Procedures for Contests of Elections of
Delegates and Alternate Delegates to the
2016 Republican National Convention
Pursuant to its authority under Rule No. 24(a) of The Rules of the Republican Party (the
Rules), the Standing Committee on Contests has adopted the following procedural rules (the
Procedures) for the resolution of delegate contests:
1.

Contest Origination. Monday, June 13, 2016, is the deadline for filing with the
Secretary of the Republican National Committee (RNC) the credentials of each
person who claims the right to serve as a delegate or alternate delegate. See Rule No.
20(c) (credentials must be filed no later than 35 days before the convening of the
national convention). A delegate contest is deemed to exist when either (1) a state
certifies and forwards more than the authorized number of delegates allotted by the
RNC; or (2) a resident of a state who is eligible to serve as a delegate claims that
according to procedures set forth in the Rules, one or more delegates from that persons
district or state have been selected by means which violate the Rules. See Rule No. 21;
Rule No. 19(b).

2.

Types of Contests. Contests can involve either or both congressional district and atlarge delegates and alternate delegates. See Rule No. 21.

3.

A.

Congressional district delegate and alternate delegate contests shall be resolved

either by the state party convention, or by the state committee as appropriate.
If the contest, however, arises out of an allegation of irregular or unlawful
actions of the state committee or convention, then the Committee on Contests
may (but is not obligated to) take up the matter.

B.

At-large delegate and alternate delegate contests are reviewed by the

Committee on Contests.

C.

Contests deemed to exist due to a states certifying more than the authorized
delegates are reviewed by the RNC. The Committee on Contests may (but is
not obligated to) take up the matter.

Notice of Contest. Any parties who seek to contest the right of any person(s) to serve
as delegate(s) or alternate delegate(s) must file a written Notice of Contest with the
Secretary of the RNC on or before Saturday, June 18, 2016. This Notice shall be
Paid for by the Republican National Committee
Not Authorized By Any Candidate Or Candidate's Committee
www.gop.com

sent by registered mail and email. This Notice shall be sent simultaneously by
registered mail to the person or persons being challenged. A notice must:
A.

Identify the name and address of the person filing the notice.

B.

Identify the name of the delegate or alternate delegate being contested.

C.

State the grounds of the contest and the basis of the contestants claim to sit as
a delegate or alternate delegate to the national convention. See Rule No. 23(a).

4.

Definitions. Delegates and alternate delegates whose credentials are filed with the
Secretary by state party officials or state elections officials on forms provided by the
Secretary are referred to as respondents. Persons challenging respondents are
referred to as contestants. If two or more persons rely on the same justification in a
contest, such persons may act as a group, and the group will be referred to collectively
as a contestant or a respondent as the case may be. All contestants and
respondents in a particular contest are referred to as parties to the contest.

5.

Contestant Statement of Position. By June 22, 2016, each contestant must file a
Statement of Position (a brief) in support of the claim to sit as a delegate or alternate
delegate to the National Convention.

6.

A.

The Statement of Position must be filed with the Secretary of the RNC by
registered mail and email.

B.

Simultaneously, a copy of the Statement of Position must be sent by registered

mail to (i) each other party and (ii) the chairman of the Republican state
committee.

C.

Each Statement of Position must begin with a summary of not more than one
thousand (1,000) words setting forth succinctly (i) a synopsis of the Statement
of Position and (ii) a specific statement of the points relied upon. See Rule No.
24(b).

Respondent Statement of Position. By June 27, 20161, each respondent must file a
Response Statement of Position (a brief) in defense of the claim to sit as a delegate or
alternate delegate to the National Convention
A.

The Response Statement of Position must be filed with the Secretary of the
RNC by registered mail and email.

The Rules mandate that Statements of Position be filed no later than 22 days before the convening of the National
Convention. This is Sunday, June 26, 2016. As the deadline falls on a Sunday, Rule 24(a) requires the deadline
to be moved to the following day, Monday, June 27, 2016.

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B.

Simultaneously, a copy of the Response Statement of Position must be sent by

registered mail to (i) each other party and (ii) the chairman of the Republican
state committee.

C.

Each Statement of Position must begin with a summary of not more than one
thousand (1,000) words setting forth succinctly (i) a synopsis of the Statement
of Position and (ii) a specific statement of the points relied upon. See Rule No.
24(b).

Committee Meeting and Report. The Committee on Contests shall then make a report
for all contests filed.
A.

B.

8.

The Committee on Contests will meet in Washington, D.C. on a date set by the
Chairman of the Committee that is as early as practicable after receiving the
Statements of Position of the parties to all contests and shall produce a report
for each contest setting forth:
1.

the grounds thereof;

2.

the statute and rule, if any, under which the contest is waged;

3.

the contentions of each party thereto;

4.

the issues of law and fact in the contest; and

5.

the Committees recommendation as to the resolution of such issues.

A copy of the report on each contest shall be signed by the Committee Chairman
and forwarded by overnight mail (or other faster method that provides written
evidence of receipt) to each of the parties. See Rule No. 24(d).

Objections to Committee Report. Should a party wish to object to the Committees

statement of the issues of fact or law, an Objection must be filed.
A.

A notice of the Partys intent to object must be filed with the Secretary of the
RNC through the RNC Counsels Office by 5:00 p.m. eastern daylight time
(EDT) on the third (3rd) calendar day after the Committees issuance of its
report.

B.

A written Objection must be filed with the Secretary of the RNC or her agent
by 5:00 p.m. EDT on the eighth (8th) calendar day after the Committees
issuance of its report and a copy provided to the opposing Party.

D.

Such Objections will contain any additional statement of law or fact that has
not previously been presented to the Committee and that is involved in and
necessary to be decided in the contest. See Rule No. 24(e).

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E.

Upon receipt of any notice of a partys intent to object, or any written

Objections, the Secretary will furnish copies thereof to the opposing party.

9.

Statements of Fact and Affidavits. Each statement of fact in documents filed pursuant
to paragraphs 5, 6 and 8 shall be supported by a notarized affidavit of a person with
firsthand knowledge of such facts.

10.

Request for Oral Hearing. Any request for a hearing in the convention city must be
filed with the Secretary of the RNC through the RNC Counsels Office along with the
notice of intent to file a written Objection by 5:00 p.m. EDT on the third (3rd) calendar
day after the Committees issuance of its report. (This request for oral hearing may be
withdrawn at any time by the moving party.).

11.

Consideration of Objections to Committee Report. If deemed necessary by the

Chairman of the Committee on Contests, the Committee Chairman will call a
Committee meeting in the convention city to consider timely-filed written Objections
received from any party. The Committee may hold a hearing on any contest in order
to address information included in the timely-filed written Objections. At any such
meeting, the Committee will proceed as follows:
A.

All parties to contests, or their designated representatives, must be present at

the meeting of the Committee in the convention city at the time and place
announced by the Chairman.

B.

The Chairman, at his discretion, will determine the order of consideration of

contests.

C.

Challenges from the same state based on substantially similar facts and rules
may be consolidated for hearing by the Committee. The Chairman shall
determine whether all contests involving a single state shall be heard together,
and, if not, the order of consideration of contests involving a single state. If
challenges are consolidated, the consolidated parties shall select representatives
to make or supervise their respective presentations of evidence and oral
argument.

D.

Upon majority vote of the Committee on Contests, each party to a contest may
present an argument personally or by counsel and may present witnesses, but
such presentation shall be limited to matters raised in written briefs and
Objections filed with respect to any contest and matters relating thereto.

E.

Contestants shall have the right to a ten (10) minute opening statement and a
ten (10) minute closing statement. Respondents shall have the right to a ten
(10) minute answering statement following the opening statement and to a ten
(10) minute closing statement following the closing statement of the
contestants. The Contestant may present his or her case and reserve a portion of
his or her time to rebut the evidence or oral argument of the challenged
delegate(s). Cross examination will not be allowed.

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F.

Evidence to be considered by the Committee may only be submitted by a person

who has sworn or affirmed that all such evidence presented by that person will
be the truth. The Chairman of the Committee or his designee shall administer
the oath or take the affirmation of each such person to tell the truth.

G.

Evidence to be considered by the Committee shall meet the generally

understood common law standards for reliability.

H.

Evidentiary statements by or on behalf of any party may be submitted by proffer

made by the representative of that party, so long as the party is present at the
hearing and could present the statement under oath. Potential witnesses shall
be sworn collectively at the onset of the hearing.

I.

Any member of the Committee may question any person who has submitted
evidence or presented oral argument in a hearing after the completion of the
presentation of evidence and oral argument by all parties in that contest. With
the consent of the Chairman, a partys counsel or representative may refer a
question from a member of the Committee to a witness present at the hearing
who has been previously sworn in. The time for such questioning shall be in
addition to the time allowances set forth in subparagraph E above.

J.

Each hearing of a contest by the Committee, except to the extent determined

otherwise by the Committee, will be recorded by a certified court reporter.
Rules regarding use of electronic devices during the hearing will be determined
at a later date.

K.

The Committee on Contests shall have the right to go into Executive Session at
any time, including the right to meet in Executive Session upon the conclusion
of any hearing to discuss the evidence and oral arguments presented.

L.

Information related to the subject of any hearing communicated directly or

indirectly to any member of the Committee outside the hearing by or on behalf
of any party (ex parte) shall not be considered by the Committee, and any
member of the Committee receiving such information may consider recusing
himself or herself from consideration of the contest.

M.

The Committee on Contests shall conduct its hearings and deliberations

pursuant to the Rules as adopted August 28, 2012 by the Republican National
Convention and as amended by the Republican National Committee.

Observation by Convention Committee on Credentials Members. The members of the

Convention Committee on Credentials will be notified of the time and place of the
Contest Committees hearing schedule, if necessary, exclusively for observation
purposes. See Rule 24(f). The members of the Convention Committee on Credentials

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may not participate in the hearing process or discussions on any Contest during any
hearing.
13.

Burden of Proof. The delegates and alternates whose names have been submitted to
the Secretary of the Republican National Committee by a state Republican party shall
be presumed to be the duly elected delegates and alternates of that state. Any person
challenging a delegate or alternate whose name has been submitted to the Secretary of
the Republican National Committee by a state Republican party has the burden of
proving, by a preponderance of the evidence, the validity of the challenge to the
persons right to be seated as a delegate or alternate.

14.

Revised Committee Report. Following any hearing, the Committee will promptly
decide the statement of law and fact, recommend findings and conclusions, and prepare
a report including its Recommendations for Resolution (Contest Committees
Report). The Secretary of the RNC shall furnish copies of the Contest Committees
Report to all parties.

15.

Consideration by RNC. At the General Session of the 2016 RNC Summer Meeting,
the RNC will hear the Contest Committees Report setting out the recommendations of
the Committee in each contest. The RNC may, by a majority vote, adopt the
Committees Report as a whole or as amended by the RNC. The members of the
Convention Committee on Credentials will be notified of the time and place of the
RNCs meeting for observation purposes, but will not participate in the discussion. The
Secretary of the RNC shall furnish copies of the Committee Report and
Recommendation as adopted by the full RNC (RNCs Report), to all parties.

16.

Final Appeal and Consideration by Convention Committee on Credentials. Any appeal

of the RNCs Report must be filed with the Secretary of the RNC or her designee at
least six (6) hours prior to the convening of the temporary meeting of the Convention
Committee on Credentials; however, in order to allow time for appropriate preparation,
an appeal should be filed as soon as practicable prior to this deadline. The appeal shall
be filed with the Secretary of the RNC by email and delivered on paper. This appeal
shall provide sufficient notice to the Convention Committee on Credentials of the
parties to the appeal, and shall specify the grounds upon which the appeal is requested.
The notice and appeal will be forwarded to the Convention Committee on Credentials.

17.

Final Recommendation by Convention Committee on Credentials. After having heard

any appeal, the Convention Committee on Credentials will make a final
recommendation related to any such appealed Contest, which will be incorporated into
the 2016 Temporary Roll of the delegates and alternate delegates to the Convention.
The Temporary Roll will be included in the Convention Committee on Credentials
Report that will be presented to the full Convention delegation for a vote. The
Convention Committee on Credentials Report, as adopted by the full Convention
delegation, will become the 2016 Permanent Roll of delegates and alternate delegates
to the Convention.

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18.

Deadlines. Except as otherwise expressly permitted by the Rules or these procedures,

any notice or filing permitted or required to be made by any party to a contest or to the
Secretary of the RNC must be: (1) received by email by the Secretary of the RNC or
her agent at the place specified not later than 5:00 PM EDT on the date that it is due;
and (2) postmarked by the date that it is due. Unless otherwise provided, these
documents must be received at the mailing address and email address provided in
paragraph 22.

19.

Counsel. The Committee on Contests shall be advised by John Ryder, General Counsel
of the RNC, as well as the RNC Counsels Office, and optional outside counsel.

20.

Staff Support. The Committee on Contests shall be supported by appropriate RNC

staff.

21.

Filing Information. All filings and submissions must be sent by email, mail, and
submitted using the electronic dropbox established by the Committee on Contests.
Filings will be considered timely filed if they are received by email before the deadline
and sent by mail, or hand delivery, and postmarked, or actually received, before the
deadline.

22.

RNC Secretary Contact Information.

A.

All documents to be filed with the Secretary of the RNC shall be mailed to:
The Honorable Susie Hudson
Republican National Committee
Attn.: Counsels Office - CONTESTS
310 First Street, S.E.
Washington, D.C 20003

B.

Such documents shall also be emailed to:

counsel@gop.com

C.

An updated mailing address in Cleveland, OH for the RNC Secretary may be

determined at a later date and shall be effective upon notice to the Committee
and to all parties to any contests.

23.

Recusal of Committee Members. Any member of the Committee on Contests may

recuse himself or herself from consideration of any contest. Additionally, any member
of the Committee on Contests may be required to recuse himself or herself by majority
vote of the Committee on Contests following a motion by a member of the Committee.

24.

Ex Parte Communications. No member of the Committee on Contests shall engage in

any communications with any party to a contest (including any attorney or agent of
such party) or any presidential campaign (including any attorney or agent of such
campaign) related to the contest (except during official Committee business such as a
hearing on the contest). If a member is contacted by any party to a contest (including

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any attorney or agent of such party) with respect to such contest, the member shall
inform the Committee Chairman of the details of the communication. Provided,
however, that the Committee Chairman shall be permitted to engage in such
communications pursuant to any attempt to negotiate a settlement of the contest.
25.

Notice of these Procedures. Upon adoption, a copy of these procedures shall be

provided by email to all RNC Members and to any Republican voter who requests one.

26.

Amendment of these Procedures. The Committee may meet at any time to amend these
procedures. Furthermore, the Chairman of the Committee may amend these procedures
with the unanimous consent of the Committee members without a meeting.

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