# Contested convention: Can delegates choose a non-candidate? **URL:** \ **Category:** Politics & Elections\ **Created:** [March 2, 2016, 1:27am UTC](https://boards.straightdope.com/t/contested-convention-can-delegates-choose-a-non-candidate/747694 "2016-03-02T01:27:21Z")\ **Posts on this page:** 10\ **Page:** 1
**Author:** ![Senegoid](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/senegoid/32/6606_2.png) [@Senegoid](https://boards.straightdope.com/u/Senegoid)\ **Post date:** [March 2, 2016, 1:27am UTC](https://boards.straightdope.com/t/contested-convention-can-delegates-choose-a-non-candidate/747694/1 "2016-03-02T01:27:21Z")
Straight-forward question about nominating conventions: If the convention ends up contested, and the delegates are freed of their pledges, can they nominate someone who wasn’t a candidate (like Romney or Arpaio :eek:) ? Or are they constrained to choose among the candidates still running? Or including former candidates whose campaigns were “suspended” (like Jeb! or Walker)? Does each party make their own rules about such things? ---
**Author:** ![NeonMadman](https://avatars.discourse-cdn.com/v4/letter/n/58f4c7/32.png) [@NeonMadman](https://boards.straightdope.com/u/NeonMadman)\ **Post date:** [March 2, 2016, 10:44pm UTC](https://boards.straightdope.com/t/contested-convention-can-delegates-choose-a-non-candidate/747694/2 "2016-03-02T22:44:32Z")
> [@Senegoid](#): > > Straight-forward question about nominating conventions: > > If the convention ends up contested, and the delegates are freed of their pledges, can they nominate someone who wasn’t a candidate (like Romney or Arpaio :eek:) ? Or are they constrained to choose among the candidates still running? Or including former candidates whose campaigns were “suspended” (like Jeb! or Walker)? Does each party make their own rules about such things? I may well be wrong here, but my understanding is that if a nomination doesn’t happen on the first ballot, it’s anybody’s game. ---
**Author:** ![FlikTheBlue](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/fliktheblue/32/10972_2.png) [@FlikTheBlue](https://boards.straightdope.com/u/FlikTheBlue)\ **Post date:** [March 2, 2016, 10:57pm UTC](https://boards.straightdope.com/t/contested-convention-can-delegates-choose-a-non-candidate/747694/3 "2016-03-02T22:57:43Z")
> [@NeonMadman](#): > > I may well be wrong here, but my understanding is that if a nomination doesn’t happen on the first ballot, it’s anybody’s game. I’ve heard this explanation before. I’ve also heard the explanation that the only candidates eligible after the first vote are candidates that have won at least eight states. I’m not sure which of those is correct. I’m also not sure that Rubio, Kasich, or even Cruz with the four states he already has will manage to achieve victory in eight different states. ---
**Author:** ![Telemark](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/telemark/32/372_2.png) [@Telemark](https://boards.straightdope.com/u/Telemark)\ **Post date:** [March 2, 2016, 11:08pm UTC](https://boards.straightdope.com/t/contested-convention-can-delegates-choose-a-non-candidate/747694/4 "2016-03-02T23:08:07Z")
> [@Senegoid](#): > > Does each party make their own rules about such things? The only part of this I can answer is this, yes the main parties have their own rules governing the nominating process and they differ in important areas. ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [March 3, 2016, 12:00am UTC](https://boards.straightdope.com/t/contested-convention-can-delegates-choose-a-non-candidate/747694/5 "2016-03-03T00:00:21Z")
You need eight states for the first ballot, not after that. ---
**Author:** ![Moriarty](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/moriarty/32/49_2.png) [@Moriarty](https://boards.straightdope.com/u/Moriarty)\ **Post date:** [March 3, 2016, 12:14am UTC](https://boards.straightdope.com/t/contested-convention-can-delegates-choose-a-non-candidate/747694/6 "2016-03-03T00:14:16Z")
So, there’s still a real possibility that the nominee could be someone like Jeb, or Mitt, or Paul Ryan, right? (It’d piss off and alienate all of the people lining up to vote for Trump, of course). ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [March 3, 2016, 2:21am UTC](https://boards.straightdope.com/t/contested-convention-can-delegates-choose-a-non-candidate/747694/7 "2016-03-03T02:21:37Z")
It depends on how close Trump is. Say Trump fails on the first ballot, but he has 45% of the delegates he needs. On the 2nd vote, they just have to get a small number of delegates to vote Trump. Also, how pissed Trump voters are and how much it matters depends on how many he won. If he only wins a third of GOP voters, which is what he’s on pace to do now, screw 'em. You’re entitled to nothing, getting a third of the vote. But most Trump voters I’ve talked to do like some of the other Republicans. The main issue is that some Trump voters are disaffected voters who otherwise won’t come out in November, as well as some Democrats. Who also won’t have a place to go since Sanders lost. But losing them is better than losing the broad middle, so again, screw 'em. ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [March 3, 2016, 4:04am UTC](https://boards.straightdope.com/t/contested-convention-can-delegates-choose-a-non-candidate/747694/8 "2016-03-03T04:04:19Z")
> [@Chronos](#): > > You need eight states for the first ballot, not after that. So of Rubio only wins seven states, what do his delegates do? ---
**Author:** ![Simplicio](https://avatars.discourse-cdn.com/v4/letter/s/c37758/32.png) [@Simplicio](https://boards.straightdope.com/u/Simplicio)\ **Post date:** [March 3, 2016, 5:20am UTC](https://boards.straightdope.com/t/contested-convention-can-delegates-choose-a-non-candidate/747694/9 "2016-03-03T05:20:21Z")
> [@Moriarty](#): > > So, there’s still a real possibility that the nominee could be someone like Jeb, or Mitt, or Paul Ryan, right? > > (It’d piss off and alienate all of the people lining up to vote for Trump, of course). This seems to be the Conventional Wisdom, but skimming the GOP rules, I’m not sure its true, at least under the current rules. I think they can change the rules during the convention, so maybe that’s what people mean. Here’s the full text of Rule #40, which seems the relveant bit. > [@](#): > > RULE NO. 40 > Nominations > (a) In making the nominations for President of the United States and Vice President of the United States and voting > thereon, the roll of the states shall be called separately in each case; provided, however, that if there is only one candidate for nomination for Vice President of the United States who has demonstrated the support required by paragraph (b) of this rule, a motion to nominate for such office by acclamation shall be in order and no calling of the roll with respect to such office shall be required. > (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. > (c) The total time of the nominating speech and seconding speeches for any candidate for nomination for President of the United States or Vice President of the United States shall not exceed fifteen (15) minutes. > (d) When at the close of a roll call any candidate for nomination for President of the United States or Vice President of the United States has received a majority of the votes entitled to be cast in the convention, the chairman of the convention shall announce the votes for each candidate whose name was presented in accordance with the provisions of paragraph (b) of this rule. > Before the convention adjourns sine die, the chairman of the convention shall declare the candidate nominated by the Republican Party for President of the United States and Vice President of the United States. > (e) If no candidate shall have received such majority, the chairman of the convention shall direct the roll of the states be called again and shall repeat the calling of the roll until a candidate shall have received a majority of the votes entitled to be cast in the convention ETA: For all the coverage of the election, there’s surprisingly little attempts to break down what would actually happen at a contested convention. I figured some of the more wonky sites like vox or fivethirtyeight would’ve tried to play-out the rules so the rest of us don’t have to. But I guess the possibility is still remote enough that even people that do that kind of thing for a living haven’t been able to stomach having to actually parse the GOP convention rules in detail. ---
**Author:** ![adaher](https://avatars.discourse-cdn.com/v4/letter/a/dec6dc/32.png) [@adaher](https://boards.straightdope.com/u/adaher)\ **Post date:** [March 3, 2016, 5:30am UTC](https://boards.straightdope.com/t/contested-convention-can-delegates-choose-a-non-candidate/747694/10 "2016-03-03T05:30:19Z")
All that means is that for the 2nd ballot, 8 states have to agree on a nominee to put his name in nomination.