PUERTORICODELEGATESELECTIONPLAN

FORTHE2012REPUBLICANNATIONALCONVENTION
SECTIONI
INTRODUCTION&DESCRIPTIONOFDELEGATESELECTIONPROCESS
A. INTRODUCTION
1. Puerto Rico has a total of20delegates and20 alternatespursuant toRule13ofthe
Rulesof the RepublicanPartyasadoptedbythe2008RepublicanNationalConvention
andamendedbytheRepublicanNationalCommitteeonAugust6,2010.Inaddition,the
National Committeeman, National Committeewoman and Chairman of the Republican
PartyofPuertoRicopursuanttoRule13(a)(1)oftheRulesoftheRepublicanParty.
2. The delegate selection process is governed by the Charter and Bylaws of the
Republican Party of the United States, the Delegate Selection Rules for the 2012
Republican National Convention (Rules), the Call for the 2012 Republican National
Convention (Call), the Regulations of the Rules and Bylaws Committee forthe 2012
Republican National Convention (Regs.), the rules oftheRepublicanParty of Puerto
st
Rico, Article8.009of Law78ofJune1
of2011(PuertoRicoElectoralCodeof2011),
the Compulsory Presidential Primaries Act (16 P.R.L.A. 13211353) and this
DelegateSelectionPlan.
3. During the Republican National Committees (RNC) Summer Meeting in August
2010, the RNC adopted revised rules governing the 2012 presidential nominating
schedule and the methods for allocating delegates to the 2012 Republican National
Convention. Rule 15(b)(2) of the revised
Rules of the Republican Party
requires that
any presidential primary,caucus,convention,or other meeting heldfor the purpose of
selecting delegatestothe national conventionwhich occurspriortothefirstdayofApril
in the year in which the national convention is held, shall provide for the allocation of
delegates on a proportional basis. The new Subsection (2) requires that any state
holding its presidential nominating process prior to April 1 include some form of
proportional delegate allocation, as determined by the state. Any state holding its
process on or after April 1 would beallowedto allocate national conventiondelegates
onawinnertakeallbasis.
4. Following the adoption of this Delegate Selection Plan by the Republican Party of
Puerto Rico Executive Committee, it shall be submitted for review and approval by the
RNC Counsels Office. TheExecutive Director of theRepublicanParty of PuertoRico
and the Legal Counsel shall be empowered to make any technical revisions to this
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document as required by the RNC Counsels to correct any omissions and/or
deficiencies as found by the RNC Counsels to ensure its full compliance with Party
Rules. Such corrections shall be made by the Executive Director of the Republican
Party of Puerto Rico and the LegalCounseland thePlanresubmitted tothewithin30
daysofreceiptofnoticeofanyfindingsbytheRNCCounsels.
5. Once this Plan has been found in Compliance by the RNC Counsels, any
amendment to the Plan by the State Party will be submitted to and approved by the
RNCCounselsbeforeitbecomeseffective.
6. The Executive Committee of the Republican Party of Puerto Rico, as the central
governing body of theParty, shall adopt and file regulationsfor theParty nolaterthan
st
December 1
of the year immediately preceding the year in which the presidential
primaries are to be held, in which the party shall participate pursuant to the law. (16
P.R.L.A.1327)
7. The Rules of the Republican Party of Puerto Rico state in Rule 4.1 that the
Republican Party ofPuertoRicoshallconductitspresidentialprimary in accordance to
Act No.6 of September 24, 1979, as amended, officially known as the "Compulsory
Presidential Primaries Act". In the event that the aforementioned Act is repealed, or
doesnot fully providefortheprocessathand,theExecutiveCommitteeisauthorizedto
promulgatethoserulesthatitmaydeemnecessary
.
B.DESCRIPTIONOFDELEGATESELECTIONPROCESS
1. TheCompulsory PresidentialPrimariesActdefinesanationalpartyaseverypolitical
party that nominates and participates in the election of candidates for the offices of
PresidentandVicePresidentoftheUnitedStatesofAmerica.(16P.R.L.A.1322(n))
2. The Puerto Rico delegate selection process will occur on March 18th,2012,with a
st
primary.Article 8.009 ofLaw78ofJuly1
of2011(PuertoRicoElectoralCodeof2011)
provides that in the case of national party primaries, these can be held on any date
starting withthe first Tuesday inthe monthofMarchintheyearofthegeneralelections
th
until June 15
ofthesameyear, asdeterminedbythegoverningbody ofthelocalparty
th
affiliated to the national party. The March 18
of 2012 date is enacted in compliance
withRule15oftheRNCasdescribedabove.
3. Eachyear in which thePresident of theUnited States istobeelected,apresidential
primary shall be held in Puerto Rico to allow electors to express their preference
regarding candidates for nomination to thepresidencyof the UnitedStates by national


parties that have an affiliatedparty.(16 P.R.L.A. 1323).See also16 P.R.L.A. 1338
regardingalternatemethods.
4. Pursuant to Rule 13 (c) of theRulesofthe Republican Partyanystate Republican
Party maysetthe date for anyprimary,caucus,convention,ormeetingforthepurpose
of voting for a presidential candidate and/or electing, selecting, allocating, or binding
delegatestothenationalconventionsubjecttotheschedulingprovisionsinRuleNo.15.
To the extent a state Republican Partys rules are in conflict with its states lawswith
respect to this rule, the provisions of this rule and the state Republican Partys rules
shallcontrol. To the extenttheprovisionsoftheruleareinconsistentwiththeprovisions
ofRuleNo.15,theprovisionsofthisruleshallbecontrollingforallpurposes.
5. Every person qualifiedto vote inthe general electionin Puerto Rico pursuant tothe
ElectoralCodeof2011
6. Participation in Puerto Ricos delegate selection process is open to all Republican
voters who wish to participate as Republicans and sign a pledge of support for a
candidate.
7. Puerto Ricos voter registrationdeadline for the PresidentialPrimaryis thesameas
establishedbythePuertoRicoStateElectionsCommission.
8. At no stageofPuertoRicosdelegateselectionprocessshallanypersonberequired,
directly or indirectly, to pay a cost or fee as a condition for participating. Voluntary
contributionsto thePartymaybemade,butundernocircumstancesshallacontribution
be mandatory for participation. Any voluntary contributions made to the Puerto Rico
Republican Party by potentialdelegates or alternatesduring this process shall beused
tohelpdefraypossibleconventioncostsforlowincomedelegates.
9. No persons shall participate or vote in the nominating process for the Republican
presidential candidate who also participates in the nominating process of any other
nationalpartyforthecorrespondingelections.
10. Puerto Rico will use a proportional representation system based on the results of
the primary for apportioning delegates to the 2012 Republican National Convention
providednonethelessthatthecandidatesreachaspecificthresholdestablishedherein..
11. Puerto Rico is participating in the state governmentrun presidential preference
primarythatwillutilizegovernmentrunvotingsystems.


12. The Republican Party of Puerto Rico will take positive steps to promote the
acquisitionofaccessibleprecinctbasedopticalscansystems,whereverpossible.
13. Seek enactment of legislation, rules, and policies at the state and local level to
ensurethatdirectrecording electronicsystems, if anyare used, includeavoterverified
papertrail.
SECTIONIIPRESIDENTIALCANDIDATES
A. BALLOTACCESS

1. Every person qualifiedto vote inthe general electionin Puerto Rico pursuant
to the Electoral Code of 2011, shall be entitled to vote in the presidential
primaries of the national party of his choice, held pursuant to chapter16 ofthe
Puerto Rico Laws Annotated.Everyelectorwho wishes to exercise theelectoral
right provided by law shall do so in the congressional district and precinct in
whichheis registered.The affiliated politicalpartiesmayprovideaffiliationforms
to be completed by the elector at the time he is to cast his vote. (16 P.R.L.A.
1325)

2. The Republican Party of PuertoRicoshallfile evidence beforetheChairman

st
of thePuertoRicoStateElectionsCommission,nolaterthanDecember1
ofthe
year immediately precedingthe year inwhich theelectionofthePresidentofthe
United States of Americais tobe held, thatcertifiesthatithas beenrecognized
asanaffiliateoftheRepublicanNationalCommittee.(16P.R.L.A.1328.

3.ThePuertoRicoElectoralCodedoesnotmandateacandidatefillingfee.

4. Eachpresidentialcandidate shall usehis or herbestefforts toensure thathis

or her respectivedelegationwithinthestatedelegationencouragesthebroadest
possible participation by men and women, young people, minority and heritage
groups, senior citizens, and all othercitizens inthe delegate election, selection,
allocation or binding process pursuant to Rule 14 of Rules of the Republican
Party.

5. No laterthan sixty (60) days prior totheholding ofpresidentialprimaries,the

Secretary ofState of PuertoRicoshalldetermineandpreparealistofthenames
of thecandidates who aspiretothenominationforPresidentoftheUnitedStates
fortheRepublican Party and eachone ofthem shallbenotifiedoftheirinclusion
of saidlist by certified mail, with return receipt requested.The names ofeachof
the candidates included in the list shall appear on the ballot as presidential
candidate, unless said person certifies, nolaterthan thirty(30) dayspriorto the
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holdingof presidentialprimary,in writing,to the Secretarythatheorshewillnot,
nor has the intention to be a presidential candidate. No later than twentyeight
(28) days prior to the holding of the presidentialprimary,theSecretary ofState
shallnotify the names ofthepersonsthatwillappearontheballotaspresidential
candidate tothe Presidentofthe Republican PartyofPuerto Rico, thepresident
of the Republican National Committee and the Chair of the Puerto Rico State
ElectionsCommission.
SECTIONIII.
SelectionofDelegatesandAlternates
1. No laterthanDecember15 oftheyearpriortothedateoftheprimariesprovided
in this chapter are to be held, the Republican Party of Puerto Rico shall file
before thePuertoRicoState Elections Commissionanofficialcertificationbythe
chief authority of the Republican National Committee in question, certifying the
number of delegates and alternate delegates to the national nominating
convention of the Republican National Convention in Tampa, FL. (16 P.R.L.A.
1331)

2. Everygroupof candidatesfor delegateoralternate delegate that wishtoappear

on the ballot as a group must file its candidacy before the chairman of the
Republican Party ofPuertoRico, withacopy totheChairmanofthePuertoRico
State Elections Commission, stating their names, addresses, electoral precinct
andsenatorial district inwhichheresides,thenameofthepresidentialcandidate
to whom hewishestobecommittedor,inthecaseofanuncommittedgroup,the
name of the candidate to delegate under whose name the group wishes to
appear, inadditionto anyother informationthat by law or regulationis required,
no later than thirty (30) days prior to the holding of the presidential primary as
candidate for alternate delegate in which he shall state his name, address,
electoral precinct and senatorial district in which he resides in addition to any
other information that by law or regulation is required. When the rules and
regulations oftheNationalPartyrequireit, he shallalso consign hisconditionof
commitment to an aspirant tothepresidentialcandidacy, or hisnoncommitment.
(16P.R.L.A.1332)

3. The Chairman of the PuertoRicoState Elections Commission shallremit tothe

corresponding presidential candidate, by certified mail and acknowledgement of
receipt, the names and addresses for the groups and individuals who wish to
aspirecommitted tosuch presidential candidatewithinthetwo(2)daysfollowing
the last date for filing candidacies for delegate or alternate delegate. The
presidentialcandidatetowhomthisinformationhasbeenremittedmustnotifythe
list of candidates he approves of, by certified mail and acknowledgement of
receipt, tothe Chairman ofthe Puerto Rico State Elections Commission nolater
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4.

5.

6.

7.

8.

9.

than two (2) days after receiving it. The presidential candidateshallapprove a
listofnomore than thenumberof alternate delegatesthatshouldbeselectedin
each respective senatorial district. If no reply or refusal of a specificpersonis
received from the presidential candidate, it shall be understood that the
candidateapprovesthelistsubmitted.(16P.R.L.A.1332)

ThePresidential PrimariesestablishedintheCompulsoryPresidentialPrimaries
Act shall consist of one balloting in one single ballot where electors shall
express their preference for the aspirant to the presidential candidacy of the
Republican National Party of which they arebona fide membersand a ballotto
elect delegates and alternate delegatestothe NationalNominatingConvention.
Theresultof the expressionofpreferenceforthepresidentialcandidateshallnot
affecttheelectionofdelegatesoralternatedelegates.(16P.R.L.A.1333)

The balloting in said primaries will be carriedout through the openpoll system.
The primaries shall be held accordingto the applicable provisions of 3001 et
seq. oftheElectoral Code,with dueguarantiesat all times,of the electorsright
to equal, direct, free andsecret suffrage,usingtheidentificationcardprovidedin
3001etseq.oftheaforementionedstatute.(16P.R.L.A.1333)

Only one electoral list shall be used to identify the electors in which the
preference of the elector mustbespecifiedasto the national partyfor which he
planstovote.(16P.R.L.A.1333)

No person shall participate and/or voteinthenominationprocessforpresidential

candidates of one national party who has also participated in the nomination
processofanyothernationalpartyforthecorrespondingelection.

All electors shall certify under oath that he/she has not participated, nor shall
participate in any electoral process regarding the selection of the presidential
candidates or delegates to national nominating conventions for the same
presidential election of a national party other than theone he/she plansto vote
[in]. This oath shall be taken by a pollingplace official duly certified by an
electoral representative and shall constitute a certification for the purposes of
Section 225 of Act. No. 115 of July 25, 1974,knownasPenal Code ofPuerto
Rico.(Seealso16P.R.L.A.1333).

Delegates and alternate delegates would be bound to endorse in the first

balloting at the national nominating convention the aspirant to the presidential
nomination for which they were selected and also dulycertifiedfor that right by


the Chairman of the Puerto Rico State Elections Commission. (16 P.R.L.A.
1336)

10. The adjudication methods of the delegates elected shall be governed by the
regulations ofthenationalpartiesandthestandardstobeadoptedinaccordance
thereto.(16P.R.L.A.1337)

11. All twenty (20) delegates and twenty (20) alternate delegates from Puerto Rico
aredelegatesatlarge.

12. Each candidate for President shall be awarded atlarge delegates from Puerto Rico
authorized by the Republican National Committee proportionately,accordingtotheratio
of votes they received to the total votes cast on an islandwide basis. Provided however,
no delegates shall be awarded to any candidate for President receiving less than fifteen
percent (15%) of the vote, and such votes shall be allocated among the other candidates
in proportion to their total vote. If one candidate for President receivesa majority(50%)
of the total islandwide votes cast, then that candidate shall be awarded all atlarge
delegatesfromPuertoRico.

13. After the primary is held as provided by law, the Chairman of the Puerto Rico
State Elections Commission in coordination with the electoral representative of
the Republican Partyshallcanvass the votes. When it hasbeenconcluded,but
no later than fifteen (15) days after the date on which the primaries wereheld,
the Chairman of the Puerto Rico State Elections Commission shall notify the
central directing body inPuertoRicoof the Republican Partyof PuertoRico,the
Secretary of the Department of State, the president of the Republican National
Committee and all the candidates who have appeared on the ballot of the
outcome of the presidential primaries in terms of absolute numbers. He shall
also certify, within the aforementioned period, the persons who have been
elected as delegates and alternate delegates, pursuant to the rules and
regulationsoftheRepublicanPartyofPuertoRico.(16P.R.L.A.1344)

SECTIONIVJURISDICTION

1. The Chair of the Puerto Rico State Elections Commission shall have the
responsibility of carrying out any activity, procedure or duty needed to
implementtheCompulsoryPresidentialPrimariesLaw.(16P.R.L.A.1346)

2. Everything related to the electoral process, distribution of electoral material,

designation of polling place officials, challenging of voters, and others
connectedwith thegeneralpresidentialprimaryprocessprovidedhereinshall
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begoverned by theapplicableprovisionof the ElectoralCodeasestablished
st
byLaw78ofJune1
of2011.

(AdoptedbytheRepublicanPartyofPuertoRicoonSeptember28,2011)