34-736 DELEGATES TO NATIONAL CONVENTION.
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.