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State election law and delegates to national conventions
Date: November 5, 2024  |
 Kamala Harris (D) Donald Trump (R) (won) Jill Stein (G) Chase Oliver (L) |
2028 • 2024 • 2020 • 2016 |
In addition to national and state party rules, some states have codified rules regarding the selection, allocation, and binding of delegates to any political party's national convention.
Whether state election law supersedes a political party's rules relating to delegates has been disputed in court. In 1981, for example, the U.S. Supreme Court held in Democratic Party of U.S. v. Wisconsin ex rel. La Follette that state election law could not override the delegate selection mechanisms of a political party for its national convention. At issue was whether Democratic delegates from Wisconsin could be seated at the Democratic National Convention when they were allocated based on the results of an open primary, in violation of national party rules.[1]
The Supreme Court held that the Democratic Party was not required to admit the Wisconsin delegates to its national convention since they were not allotted in accordance with the party's rules. Justice Potter Stewart wrote, "A political party's choice among the various ways of determining the makeup of a State's delegation to the party's national convention is protected by the Constitution. And as is true of all expressions of First Amendment freedoms, the courts may not interfere on the ground that they view a particular expression as unwise or irrational."[1]
Nearly 70 years earlier, the Nebraska Supreme Court held in 1912 that the "expression of a preference for President by those voting at primary election ... is only morally binding on delegates to national party conventions."[2][3]
Several states explicitly indicate that portions of their election law are subject to the rules of political parties. For example, New Jersey state law affirms that national and state party rules govern the selection and certification of delegates, notwithstanding any state statutes.[4]
As of December 2022, nearly one-third of states had language in their election code specifically referencing how many ballots to which a delegate should or must be bound at a national convention:
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Election law by state
| Election laws relating to delegates by state | ||
|---|---|---|
| State | Allocation and selection of delegates | Summary of delegate binding laws |
| Alabama | Ala. Code § 17.13.43 | N/A |
| Alaska | Alaska Stat. § 15.25-010-135 | N/A |
| Arizona | Ariz. Rev. Stat. § 16.243 | Delegates are bound on the first ballot to vote for the candidate who received the most votes in the state primary election unless that candidate releases them or "withdraws" from the race. After the first ballot, delegates may vote as they choose. Ariz. Rev. Stat. § 16.243. |
| Arkansas | Ark. Code § 7.8.201-205 | N/A |
| California | Cal. Code § 6460-6461 | Delegates are to use their "best efforts at the convention for the party's presidential nominee candidate from California to whom the delegate has pledged support" through the first two ballots unless that candidate receives less than 10 percent of the vote on the first ballot or if that candidate releases them. Cal. Code § 6460-6461. |
| Colorado | CRS 1-4-302 | N/A |
| Connecticut | Conn. Gen. Stat. § 9.473-485 | Delegates may be released from the candidate to whom they were allocated if that candidate dies or files a written and signed statement with the secretary of state "to the effect that he has released all Connecticut delegates committed to him." Conn. Gen. Stat. § 9.473-485. |
| Delaware | Del. Code § 15.31 | N/A |
| Florida | Fla. Stat. § 103.101 | Florida state law states, "Any party rule directing the vote of delegates at a national nominating convention shall reasonably reflect the results of the presidential preference primary, if one is held." Fla. Stat. § 103.101. |
| Georgia | Ga. Code § 21.2.196-7 | Delegates are to be bound for no more than two ballots. Delegates are considered "unpledged" if their candidate withdraws or releases them. Ga. Code § 21.2.196-7. |
| Hawaii | N/A | N/A |
| Idaho | Idaho Stat. § 34.7 | N/A |
| Illinois | I.L.C.S. § 10.5-7 | The results of a presidential primary election are to be considered "advisory" to delegates unless "rules or policies of a national political party otherwise provide." I.L.C.S. § 10.5-7. |
| Indiana | Ind. Code § 3-8-3-11 | District-level delegates must vote for the winner of their congressional district on the first ballot, but at-large delegates are not required to support "a specific candidate for President on any ballot." Ind. Code § 3-8-3-11. |
| Iowa | Iowa Code § 43.90 | N/A |
| Kansas | Kan. Stat. § 25-4507 | N/A |
| Kentucky | K.R.S. § 118.555 | Delegates are bound on the first ballot "as determined by the primary or party caucus," unless their candidate withdraws or dies. K.R.S. § 118.641. |
| Louisiana | L.R.S. § 1280.27 | N/A |
| Maine | M.R.S. § 21-A-311 | N/A |
| Maryland | Md. Elec. Law Code § 8-501 | N/A |
| Massachusetts | Mass. G.L. § 1.8.53.70B | Delegates are bound on the first ballot unless released by their candidate. Mass. G.L. § 1.8.53.70I. |
| Michigan | Mich. Comp. Laws § 168.619 | Delegates are bound on the first ballot unless released by their candidate or their candidates withdraws. Mich. Comp. Laws § 168.619. |
| Minnesota | Minn. R.S. § 202A. 14 | N/A |
| Mississippi | N/A | N/A |
| Missouri | Mo. Rev. Stat. § 115.776.1 | N/A |
| Montana | Mont. Code Ann. § 13-10-407 | N/A |
| Nebraska | Neb. Rev. Stat. § 32-704 | The filing form for potential delegates includes a pledge to support the presidential candidate to whom the potential delegate has committed at the national convention for up to two ballots. Neb. Rev. Stat. § 32-704. The expression of a preference for President by those voting at primary election ... is only morally binding on delegates to national party conventions. State ex rel. Nebraska Rep. State C. Com. v. Wait, 92 Neb. 313 (1912). |
| Nevada | Nev. Rev. Stat. § 293.163 | N/A |
| New Hampshire | N.H. Rev. Stat. § 655:50 N.H. Rev. Stat. § 659:93 |
All delegates must certify that they will support the presidential candidate to whom they have committed for all ballots at the national convention as long as that candidate is still in contention. N.H. Rev. Stat. § 655:51. |
| New Jersey | N.J.S.A. § 19:24-1 to 19:24-6 | N/A |
| New Mexico | N.M.S.A. § 1-15A-3 | Delegates pledged to a certain presidential candidate sign a pledge committing to vote for him or her on the first ballot at the national convention. N.M.S.A. § 1-15A-10. Any violation of that delegate pledge is considered a petty misdemeanor. N.M.S.A. § 1-15A-11. |
| New York | N.Y. Elec. Law § 2-122 | N/A |
| North Carolina | N.C.G.S. § 163-213.8 | N/A |
| North Dakota | N.D. Stat. § 16.1-03-14 | N/A |
| Ohio | Ohio Rev. Code § 3513.12 Ohio Rev. Code § 3513.121 |
Delegates may sign a pledge to support a specific presidential candidate "to the best of [his or her] judgment and ability" at the national convention. Ohio Rev. Code § 3513.12. |
| Oklahoma | Okla. Stat. § 20-104 Okla. Stat. § 20-105 |
Delegates are required to cast their vote on all ballots to the candidate to whom they have pledged. Okla. Stat. § 20-104. Any vote cast not in accordance with the delegate pledge is void. Okla. Stat. § 20-105. |
| Oregon | Ore. Rev. Stat. § 248.315 | Delegates must sign a pledge to support the candidate to whom they are pledged on the first ballot and on the second ballot if that candidate receives 35 percent of the vote or more on the previous ballot. Ore. Rev. Stat. § 248.315 |
| Pennsylvania | Penn. Elec. Code § 808.1 Penn. Elec. Code § 809.1 |
N/A |
| Rhode Island | R.I.G.L. § 17-12.1-3 R.I.G.L. § 17-12.1-8 R.I.G.L. § 17-12.1-9 |
N/A |
| South Carolina | S.C. Code § 7-11-20 | N/A |
| South Dakota | S.D.C.L. § 12-5-3.11 | N/A |
| Tennessee | Tenn. Code Ann. § 2-13-303 Tenn. Code Ann. § 2-13-313 Tenn. Code Ann. § 2-13-314 |
Delegates file a declaration of candidacy where they pledge to support the candidate to whom they have indicated a preference for at least two ballots. Tenn. Code Ann. § 2-13-307. Delegates are bound by the results of the preferential presidential primary for the first two ballots. After that, the delegates are bound for two additional ballots if the candidate to whom they are pledged receives at least 20 percent of the vote. Tenn. Code Ann. § 2-13-317. |
| Texas | Texas Elec. § 191.007 | N/A |
| Utah | N/A | N/A |
| Vermont | 17 V.S.A. § 2715 | N/A |
| Virginia | Va. Code § 24.2-545 | If a party does not select delegates to the national convention pursuant to the state primary, then those delegates are bound to vote for the presidential candidate who received the most votes in the primary for one ballot. Va. Code § § 24.2-545(D). |
| Washington | R.C.W. § 29A.56.050 | N/A |
| West Virginia | W. Va. Code § 3-5-2 | N/A |
| Wisconsin | N/A | N/A |
| Wyoming | Wyo. Stat. § 22-4-118 | N/A |
Noteworthy cases
The section below highlights noteworthy cases regarding state election law and delegates to national conventions.
Correll v. Herring
- See also: Correll v. Herring
Correll v. Herring et. al. was a case before the United States District Court for the Eastern District of Virginia, centering on the constitutionality of the Commonwealth of Virginia’s election laws regarding the binding of political party delegates to a presidential nomination convention.[5]
The named plaintiff, Carroll Boston “Beau” Correll, Jr., was a district-level delegate to the 2016 Republican National Convention representing Virginia's 10th Congressional District. On June 24, 2016, Correll filed a class action lawsuit on behalf of himself and other similarly situated individuals, 49 Republican and 110 Democratic delegates, seeking to prevent enforcement of Virginia Code, §24.2-545(D). On July 11, 2016, Judge Robert Payne issued a memorandum opinion permanently enjoining the Commonwealth of Virginia from enforcing the section of Virginia election law under challenge.[6]
See also
- Democratic delegate rules, 2024
- Republican delegate rules, 2024
- Democratic delegate rules, 2020
- Republican delegate rules, 2020
- Correll v. Herring
Footnotes
- ↑ 1.0 1.1 Supreme Court of the United States, Democratic Party v. Wisconsin ex rel. La Follette, decided February 25, 1981
- ↑ Nebraska Legislature, "Nebraska Revised Statute § 32-704," accessed May 1, 2016
- ↑ State ex rel. Nebraska Rep. State C. Com. v. Wait, 92 Neb. 313 (1912)
- ↑ State of New Jersey, "Division of Elections," accessed April 27, 2016
- ↑ U.S. District Court for the Eastern District of Virginia, Correll v. Herring et al., filed June 24, 2016
- ↑ U.S. District Court for the Eastern District of Virginia, Correll v. Herring: Memorandum opinion, decided July 11, 2016
