Replies

Because after the first ballot, the delegates can vote as they wish. If a majority in 8 or more states then switch to Ryan, he CAN be nominated under Rule 40

Hmm...that's not how I'm reading it. I'm not lawyer though.

(b) Each candidate for nomination for President of the United States and Vice President of the United States shall demonstrate the support of a majority of the delegates from each of eight (8) or more states, severally, prior to the presentation of the name of that candidate for nomination. Notwithstanding any other provisions of these rules or any rule of the House of Representatives, to demonstrate the support required of this paragraph a certificate evidencing the affirmative written support of the required number of permanently seated delegates from each of the eight (8) or more states shall have been submitted to the secretary of the convention not later than one (1) hour prior to the placing of the names of candidates for nomination pursuant to this rule and the established order of business.

To me, once the convention comes around, prior to the first ballot, the names of the candidates will be listed. Once they are listed, the voting would ensue. I don't see how you can place somebody on a subsequent ballot if he wasn't on the initial list of potential candidates prior to the start of the convention. If Rule 40 remains in place, Ryan can't be listed as a candidate, and therefore couldn't secure the support of 8 or more states on a subsequent ballot.

I thought the intent of the Rule was to protect Romney from Ron Paul. If Rule 40 is somehow null and void after the first ballot, what would have been the use for it anyway? Under your scenario, had Romney not gotten the nomination on the first ballot, Paul could have rallied delegates from eight states to get put back on the ballot. This would be totally counter to why the rule was written in the first place wouldn't it?

I thought the intent of the Rule was to protect Romney from Ron Paul. If Rule 40 is somehow null and void after the first ballot, what would have been the use for it anyway?

If I recall correctly, Romney had the nomination locked up before the 2012 convention even started. But Ron Paul's supporters wanted to nominate Paul anyway, as that would have given Paul the right to give a speech.

The purpose of Rule 40 was to stop Paul from even speaking! I find that disgusting, as Paul had won some delegates. He had the right to speak. But the GOPe thought elsewise.

Again, if I recall correctly.

As for the rest of your post, I still think Rule 40 cannot prevent a late-comer from being nominated. But like you, I'm no laywer (and proud of that).