The Republican National Committee recently released the rules for next year’s nominating contest and convention without addressing the potential scenario of the party’s delegates voting for a different candidate if the presumptive nominee is convicted of a felony. Former President Donald Trump is under four criminal indictments, which will proceed through the GOP primary season. At this overlap of legal and political calendars with no precedent in American politics, Trump dominates the Republican field and may secure needed support by Super Tuesday when almost half of delegates will have been awarded. Even if convicted, there is strong indication from top party leaders and voters that they would stand by Trump. Trump and his allies are also working to dismiss or delay the trials and have worked with state parties to craft favorable rules.
The RNC rules didn’t address the unfolding unprecedented scenario. Delegates must vote for a particular presidential candidate at the convention based on the results of the primary or caucus in their states. A candidate wins the nomination if they clinch a majority, which is 1,215 delegates. However, the rules can be tweaked or suspended at next year’s convention in Milwaukee, which starts on July 15. Last-minute maneuvers are difficult to organize, and there is no clear indication that delegates might look for another option even with Trump’s criminal cases looming.
The Trump campaign has preemptively warned against attempts by others to mess with the rules. One contingency section of longstanding party rules would allow the RNC to free a state from rules prior to the convention if compliance is impossible and the RNC determines that granting such waiver is in the best interests of the Republican Party. RNC declined to comment on the possibility of the rules being suspended in the case of the nominee being in jail but pointed to recent interviews indicating support for the nominee chosen by voters.
With state caucuses and primary elections kicking off in January and running through June, delegates can be unbound if their assigned candidate drops out. Trump’s experienced campaign team has also been working to craft favorable rules in the delegate battles, unlike 2016 when a large faction in the party resisted his candidacy. The current political landscape makes it even more unlikely there will be a repeat of the late-stage, failed effort at the 2016 convention when some activists loyal to Texas Sen. Ted Cruz tried to make last-minute changes to free delegates.
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Associated Press writer Alanna Durkin Richer in Boston contributed to this report.
