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Adopted by the Democratic National Committee
at its meeting January 19, 2002.

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6WDWH3DUW\5XOHV

A. State parties shall adopt Affirmative


Action and Delegate Selection Plans
which contain explicit rules and
procedures governing all aspects of the
delegate selection process. These rules
shall include, but are not limited to:

(1) Procedures for electing and


certifying delegates and alternates
at all levels;

(2) Timing of primary/caucuses/


conventions;

(3) Procedures providing for equal


division in each state’s convention
delegation;
3DJH 'HOHJDWH6HOHFWLRQ5XOHV
(4) Procedures providing for the (2) Prohibition of cost and fees [Rule
selection of the chair of the 2.D.];
delegation;
(3) Prohibition of participation by those
(5) Particulars concerning the participating in another party’s
scheduling of delegate selection process [Rule 2.E.];
meetings including methods by
which each meeting or event will be (4) One-meeting limitation for first-stage
publicized; participants [Rule 3.E.];

(6) Affirmative Action Plans in detail (5) “Six basic elements” of an open
including affirmative action party [Rule 4];
obligations of presidential
candidates; (6) Non-discrimination principles [Rule
5];
(7) All petition requirements and filing
deadlines for delegate and alternate (7) Requirement that all steps take
candidates and for presidential place within calendar year of
candidates; convention [Rule 10.B.];

(8) Procedures for ascertaining (8) Required identification of preference


delegate/alternate preference at all of candidates for delegate and
stages; alternate [Rule 11.A.];

(9) Procedures for presidential (9) Protection against coerced vote


candidate right of approval; [Rule 11.I.];

(10) Method of awarding delegates and (10) Quorum requirements [Rule 14];
alternates to presidential candi-
dates; (11) Proxy voting rules, if any [Rule 15];

(11) Methods and timetable for the (12) Unit rule prohibition [Rule 16.A.];
selection of permanent standing
committee members; (13) Slate making limitations [Rule
16.B.]; and
(12) Methods and timetable for the
selection of temporary standing (14) Succession of alternates to delegate
committee members; status and filling of vacancies in
delegate positions [Rule 17].
(13) Procedures for challenges of the
delegate selection and affirmative C. Each state party shall provide for a thirty
action processes; (30) day1 period of public comment to
solicit opinion on the state’s Affirmative
(14) Methods and timetable for the Action Plan and Delegate Selection Plan
selection of convention pages; and prior to adoption. All written public
comments submitted to the state
(15) Other appropriate provisions from Democratic Committee shall be
these Rules, the Call and the submitted along with the plans to the
Regulations. Rules and Bylaws Committee of the
Democratic National Committee (“DNC
B. The following items are to be routinely Rules and Bylaws Committee”).
included at an appropriate place in each
state plan: D. State Delegate Selection and Affirmative
Action Plans shall be submitted to the
(1) Eligibility requirements for DNC Rules and Bylaws Committee for
participation in the delegate approval on or before May 1, 2003.
selection process in conformance
with Rule 2 [Rule 2];
1
Unless otherwise explicitly specified, reference in these Rules to “day” or “days”
means “calendar days.” If the last day of a period falls on a Saturday, Sunday or a
federally recognized holiday, the time period shall be extended to the next
business day.
'HOHJDWH6HOHFWLRQ5XOHV 3DJH
E. The DNC Rules and Bylaws Committee C. State parties shall take all feasible steps
shall act on the proposed plans as soon to encourage non-affiliated and new
as practicable, but in no case later than voters to register or enroll, to provide
September 16, 2003, or four months simple procedures through which they
before the respective state’s first may do so and to eliminate excessively
determining step, whichever is earlier. Its long waiting periods for voters wishing to
decision shall be final and binding. register or to change their party
enrollment status. In all caucuses or
F. Implementation of state Affirmative conventions conducted pursuant to these
Action Plans shall begin no later than rules, all Democrats who comply with
September 16, 2003, or four months Rule 2.A, 2.A.(1), 2.A.(2). shall be
before the respective state’s first allowed to participate.
determining step, whichever is earlier.
D. At no stage of the delegate selection
G. State Delegate Selection Plans shall process shall any person be required,
specify the methods and timetable to be directly or indirectly, to pay a cost or fee
followed in selecting permanent and as a condition for participating in the
temporary members of standing delegate selection process. Voluntary
committees of the national convention. contributions to the Party may be made,
These procedures shall be in conformity but under no circumstances shall a
with the rules to be contained in the Call contribution be mandatory for
for the 2004 Convention. participation.

H. The Democratic National Committee E. No person shall participate or vote in the


(“DNC”) and the state parties shall nominating process for a Democratic
publish and make available at no cost presidential candidate who also
their rules, the 2004 National Delegate participates in the nominating processes
Selection Rules, and a clear and concise of any other party for the corresponding
explanation of how Democratic voters elections.
can participate in the delegate selection
process. The DNC shall prepare and  6FKHGXOLQJRI'HOHJDWH
6HOHFWLRQ0HHWLQJV
provide at no cost to state parties a clear
and concise explanation of the 2004
Delegate Selection Rules. This shall be
done no later than October 1 of the A. All official Party meetings and events
calendar year immediately preceding the related to the national convention
calendar year of the national convention. delegate selection process, including

 3DUWLFLSDWLRQ
caucuses, conventions, committee
meetings, filing dates, and Party
enrollment periods, shall be scheduled
for dates, times and public places which
A. Participation in the delegate selection
would be most likely to encourage the
process shall be open to all voters who
participation of all Democrats, and must
wish to participate as Democrats.
begin and end at reasonable hours.
(1) Democratic voters shall be those
B. All such meetings or events which are the
persons who publicly declare their
first meeting or event in the delegate
Party preference and have that
selection process shall be scheduled at
preference publicly recorded.
times and dates which are uniform
throughout the state, except where it is
(2) Implementation of this
established by the state party and
administrative matter shall be
approved by the DNC Rules and Bylaws
delegated to the DNC Rules and
Committee that such uniform times and
Bylaws Committee.
dates would significantly reduce
participation in the delegate selection
B. Nothing in these rules shall be interpreted
process.
to encourage or permit states with party
registration and enrollment, or states that
C. The times, dates, places, and rules for
limit participation to Democrats only, to
the conduct of all caucuses, conventions,
amend their systems to open
meetings and other events involved in the
participation to members of other parties.
3DJH 'HOHJDWH6HOHFWLRQ5XOHV
delegate selection process shall be support discrimination based on
effectively publicized by the Party “status.”
organization, official, candidate or
member calling the same. (3) The time and place for all public
meetings of the Democratic Party
D. Concise statements in advance of all on all levels should be publicized
meetings and events concerning the fully and in such manner as to
relationship between the business to be assure timely notice to all interested
conducted and the delegate selection persons. Such meetings must be
process shall be effectively publicized by held in places accessible to all Party
the Party organization, official, candidate members and large enough to
or member calling the same. accommodate all interested
persons.
E. No person shall participate in more than
one meeting which is the first meeting in (4) The Democratic Party, on all levels,
the delegate selection process. should support the broadest
possible registration without
 $Q2SHQ3DUW\ discrimination based on “status.”

(5) The Democratic Party in each state


A. The Democratic National Committee should publicize fully and in such a
reaffirms its commitment to the 1964 manner as to assure notice to all
resolution, and requires the national and interested parties a full description
state parties to incorporate the Six Basic of the legal and practical procedures
Elements, as updated, into their Party for selection of Democratic Party
rules and to take appropriate steps to officers and representatives on all
secure their implementation. levels. Publication of these
procedures should be done in such
B. The 1964 Democratic National fashion that all prospective and
Convention adopted a resolution which current members of each state
conditioned the seating of delegates at Democratic Party will be fully and
future conventions on the assurances adequately informed of the pertinent
that discrimination in any state party procedures in time to participate in
affairs on the ground of race, color, creed each selection procedure at all
or national origin did not occur. The 1968 levels of the Democratic Party
Convention adopted the 1964 Convention organization.
resolution for inclusion in the Call for the
1972 Convention. In 1966, the Special (6) The Democratic Party in each state
Equal Rights Committee, which had been should publicize fully and in such a
created in 1964, adopted six anti- manner as to assure notice to all
discrimination standards — designated interested parties a complete
as the Six Basic Elements, which, as description of the legal and practical
updated, are as follows: qualifications of all positions as
officers and representatives of the
(1) All public meetings at all levels of state Democratic Party. Such
the Democratic Party in each state publication should be done in timely
should be open to all members of fashion so that all prospective
the Democratic Party regardless of candidates or applicants for any
race, sex, age, color, creed, national elected or appointed position within
origin, religion, ethnic identity, each state Democratic Party will
sexual orientation, economic status have full and adequate opportunity
or physical disability (hereinafter to compete for office.
collectively referred to as “status”).
C. These provisions demonstrate the
(2) No test for membership in, nor any intention of the Democratic Party to
oaths of loyalty to, the Democratic ensure a full opportunity for all “status”
Party in any state should be (as defined in Rule 4.B.(1)) members to
required or used which has the participate in the delegate selection
effect of requiring prospective or process.
current members of the Democratic
Party to acquiesce in, condone or
'HOHJDWH6HOHFWLRQ5XOHV 3DJH

 1RQ'LVFULPLQDWLRQ fulfill the affirmative action goals


outlined in the state’s Delegate
Selection Plan. Such remedial
A. In order that the Democratic Party at all action is necessary in order to
levels be an open Party which includes overcome the effects of past
rather than excludes people from discrimination. Use of the at-large
participation, a program of effective delegation to fulfill the plan’s
affirmative action is hereby adopted. affirmative action goals does not
obviate the need for the state party
B. Discrimination on the basis of “status” in to conduct outreach activities such
the conduct of Democratic Party affairs is as recruitment, education and
prohibited. training. Priority of consideration
shall also be given to other groups
C. In order to continue the Democratic as described in Rule 5.(C), which
Party’s ongoing efforts to include groups are under-represented in Demo-
historically under-represented in the cratic Party affairs, in order to assist
Democratic Party’s affairs, by virtue of in the achievement of full
race, ethnicity, age, sexual orientation or participation by these groups.
disability, each state party shall develop
and submit Party outreach programs, B. Performance under an approved
including recruitment, education and Affirmative Action Plan and composition
training, in order to achieve full of the convention delegation shall be
participation by such groups and diversity considered relevant evidence in the
in the delegate selection process and at challenge to any state delegation. If a
all levels of Party affairs. state party has adopted and implemented
an approved affirmative action program,
 $IILUPDWLYH$FWLRQ the state party shall not be subject to
challenge based solely on delegation
composition or primary results.
A. In order to encourage full participation by
all Democrats in the delegate selection C. State Delegate Selection Plans shall
process and in all Party affairs, the provide for equal division between
national and state Democratic Parties delegate men and delegate women and
shall adopt and implement affirmative alternate men and alternate women
action programs with specific goals and within the state’s entire convention
timetables for African Americans, delegation. For purposes of this rule, the
Hispanics, Native Americans, Asian/ entire delegation includes all pledged
Pacific Americans and women. delegates and alternates and unpledged
delegates (including unpledged party
(1) The goal of such affirmative action leaders and elected official delegates and
shall be to encourage participation unpledged add-on delegates).
in the delegate selection process
and in Party organizations at all (1) State Delegate Selection Plans
levels by the aforementioned groups shall, as far as mathematically
as indicated by their presence in the practicable, also provide for equal
Democratic electorate. division between district-level
delegate men and delegate women
(2) This goal shall not be accomplished and district-level alternate men and
either directly or indirectly by the alternate women.
Party’s imposition of mandatory
quotas at any level of the delegate (2) The DNC Rules and Bylaws
selection process or in any other Committee shall have continuing
Party affairs. jurisdiction to ensure compliance
with this equal division requirement.
(3) In the selection of each state’s at- No at-large delegate or alternate
large delegation, priority of from a state shall be placed on the
consideration shall be given to temporary roll of the 2004
African Americans, Hispanics, Democratic National Convention
Native Americans, Asian/Pacific unless the Rules and Bylaws
Americans and women, if such Committee has certified to the
priority of consideration is needed to
3DJH 'HOHJDWH6HOHFWLRQ5XOHV
Secretary of the Democratic candidates consistent with the delegate
National Committee that such selection system employed by the state.
state’s delegation complies with
this equal division rule. It shall (1) State parties shall require
be the duty of the DNC Rules presidential candidates to submit
and Bylaws Committee to statements that specify what steps
determine such compliance as such candidates will take to
soon as practicable following encourage full participation in their
the certification of the state’s at- delegate selection process,
large delegates and alternates. including, but not limited to,
procedures by which persons may
(3) Notwithstanding sub-paragraph file as candidates for delegate or
A.(2) above, equal division at any alternate.
level of delegate or committee
positions between delegate men (2) State parties shall require
and delegate women or committee- presidential candidates to submit
men and committeewomen shall not demographic information with
constitute a violation of any respect to candidates for delegate
provision thereof. and alternate pledged to them.

D. For purposes of providing adequate I. Presidential candidates (including


notice of the delegate selection process uncommitted status) shall use their best
under Rule 3, the times, dates, places efforts to ensure that their respective
and rules for the conduct of all caucuses, delegations at each level within a state’s
conventions, meetings and other events delegation shall achieve the affirmative
involved in the delegate selection action goals established by the state’s
process shall be effectively publicized, Delegate Selection Plan and that the
bilingually where necessary, to respective delegations of each
encourage the participation of minority presidential candidate within the state’s
groups. delegation shall be equally divided
between men and women.
E. State Democratic Parties shall ensure
that district lines used in the delegate  1DWLRQDO&RQYHQWLRQ'HOHJDWH
$SSRUWLRQPHQW
selection process are not gerrymandered
to discriminate against African
Americans, Hispanics, Native Americans,
Asian/Pacific Americans or women. A. Apportionment of district-level delegates
within states shall be based on one of the
F. Each state Affirmative Action Plan shall following:
provide for the appointment of a
representative state Affirmative Action (1) A formula giving equal weight to
Committee by March 1, 2003. Before the total population and to the average
state party submits its Plan to the DNC of the vote for the Democratic
Rules and Bylaws Committee, the candidates in the two most recent
Affirmative Action Committee shall review presidential elections;
the proposed outreach program required
in Rule 5.C. (2) A formula giving equal weight to the
vote for the Democratic candidates
G. Each state affirmative action program in the most recent presidential and
shall include outreach provisions to gubernatorial elections;
encourage the participation and
representation of persons of low and (3) A formula giving equal weight to the
moderate income, and a specific plan to average of the vote for the
help defray expenses of those delegates Democratic candidates in the two
otherwise unable to participate in the most recent presidential elections
national convention. and to Democratic Party registration
or enrollment as of January 1, 2004;
H. State parties in their Delegate Selection or
Plans shall impose reasonable specific
affirmative action obligations upon
'HOHJDWH6HOHFWLRQ5XOHV 3DJH
(4) A formula giving one-third (D) State Democratic Chair the names of the
weight to each of the formulas in following unpledged delegates who
items (1), (2), and (3). legally reside in their respective state and
who shall be recognized as part of their
B. Apportionment for each body selecting state’s delegation:
delegates to state, district, and county
conventions shall be based upon (1) The individuals recognized as
population and/or some measure of members of the DNC (as set forth in
Democratic strength. Article Three, Sections 2 and 3 of
the Charter of the Democratic Party
C. The Call for the 2004 Convention shall of the United States); and,
state the base delegation for each
delegation. Seventy-five percent (75%) of (2) The Democratic President and the
each state’s base delegation shall be Democratic Vice President of the
elected at the congressional district level United States, if applicable; and,
or lower. Twenty-five percent (25%) of
each state’s base delegation shall be (3) All Democratic members of the
elected at large. Delegates so elected United States House of
shall hereafter be termed “district-level” Representatives and all Democratic
and “at-large” delegates, respectively. members of the United States
Each State Democratic Chair shall certify Senate; and,
all delegates in writing to the Secretary of
the DNC. (4) The Democratic Governor2, if
applicable; and,
D. In those states with more than one
congressional district, after the election of (5) All former Democratic Presidents,
district-level delegates and prior to the all former Democratic Vice
selection of at-large delegates, each Presidents, all former Democratic
State Democratic Chair shall certify Leaders of the U.S. Senate, all
pledged party leader and elected official former Democratic Speakers of the
delegates equal to 15% of the state’s U.S. House of Representatives and
base delegation selected pursuant to Democratic Minority Leaders, as
Rule 8. applicable, and all former Chairs of
the Democratic National Committee.
E. The election of district-level and at-large
delegates and alternates may take place B. Following the selection of district-level
at the same meeting, provided that delegates, and prior to the selection of
district-level delegates are selected first. pledged party leader and elected official
In states with one congressional district delegates, unpledged add-on delegates
the election of delegates selected in shall be selected according to the
accordance with Rules 8.B., 8.C., and following procedures:
9.A., may be conducted simultaneously.
In all cases, affirmative action and fair (1) Unpledged add-on delegates may
reflection guidelines must be met and the be selected by either the same
Democratic Chair of each such state selecting body which will select the
shall make the certifications required by state’s party leader and elected
subsection 7.D. official delegates, or by the same
selecting body which will select the
 8QSOHGJHGDQG3OHGJHG3DUW\ state’s at-large delegates and

/HDGHUDQG(OHFWHG2IILFLDO
alternates.

'HOHJDWHV (2) The equal division and affirmative


action provisions of Rule 9.A. apply
to the selection of unpledged add-on
A. The procedure to be used for certifying delegates.
unpledged party leader and elected
official delegates is as follows:

Not later than March 1, 2004, the


Secretary of the Democratic National 2
The Mayor of the District of Columbia, if a Democrat, shall be treated as a
Committee shall officially confirm to each Democratic Governor.
3DJH 'HOHJDWH6HOHFWLRQ5XOHV
(3) The list from which the selecting Such an alternative system shall
body chooses the unpledged add-on have a final deadline for submitting
delegates shall contain the same a pledge of support after the
minimum number of names for selection of all district-level
every such add-on position to be delegates has been completed and
filled as the minimum number of must provide an opportunity for
names required by the state’s disapproval by the presidential
delegate selection plan to remain on candidate or the candidate’s
the list of bona fide supporters for authorized representative.
each at-large and pledged party
leader and elected official delegate D. A state’s party leader and elected official
pursuant to Rule 11.E.(2). delegates may be chosen by a state
convention3 or by a committee consisting
(4) Unpledged add-on delegates are of a quorum of district-level delegates.
not entitled to alternates, and They may also be chosen by the State
neither shall the delegation be Party Committee, as recognized by the
entitled to a replacement, except in Democratic National Committee, but only
the case of death. if the state’s Delegate Selection Plan is in
full compliance with these rules, and
(5) Unpledged add-on delegates may provided:
be selected whether or not they
previously filed a statement of (1) Membership on the State Party
candidacy for a delegate position or Committee is apportioned on the
submitted a pledge of support for a basis of population and/or some
presidential candidate. measure of Democratic strength;

C. Following the selection of unpledged add- (2) Members of the State Party
on delegates under 8.B., pledged party Committee have been elected
leader and elected official delegates are through open processes in
to be selected subject to the following conformity with the basic procedural
procedures: guarantees utilized for delegate
selection;
(1) Persons shall be considered for
pledged party leader and elected (3) Such delegates are elected at a
official delegates and alternates public meeting subsequent to the
according to the following priority: election of district-level delegates;
big city mayors and state-wide
elected officials to be given equal (4) Members of the State Party
consideration; state legislative Committee exercising such authority
leaders, state legislators, and other shall have been elected no earlier
state, county and local elected than the date of the previous
officials and party leaders. presidential election; and

(2) These slots shall be allocated on the (5) Membership of the State Party
same basis as the state’s at-large Committee complies with the equal
delegates. division requirements of Article 9,
Section 16 of the Charter of the
(3) If persons eligible for pledged party Democratic Party of the United
leader and elected official delegate States.
positions have not made known
their presidential preference under E. Except as provided in 8.A. above, no
the procedures established by the person shall serve as an automatic
state pursuant to Rule 11 for delegate at any level of the delegate
candidates for district-level and at- selection process by virtue of holding a
large delegate positions, their public or party office.
preferences shall be ascertained
through alternative procedures
established by the state party, which
shall require a signed pledge of
3
support for a presidential candidate. For the purpose of this section (D), a “state convention” shall not include a State
Party Committee acting as a state convention where the state’s Delegate
Selection Plan is not in full compliance with these rules.
'HOHJDWH6HOHFWLRQ5XOHV 3DJH

 6HOHFWLRQRI$W/DUJH'HOHJDWHV nomination process (the date of the


primary in primary states, and the date of
the first tier caucus in caucus states) may
A. The selection of at-large delegates shall be held prior to the first Tuesday in
be used, if necessary, to achieve the February or after the second Tuesday in
equal division of positions between men June in the calendar year of the national
and women and the representation goals convention. Provided, however, that the
established in the state party’s Affirmative Iowa precinct caucuses may be held no
Action Plan. Such goals apply to the earlier than 15 days before the first
state’s entire delegation considered as a Tuesday in February; that the New
whole. For purposes of this rule, the Hampshire primary may be held no
entire delegation includes all unpledged earlier than 7 days before the first
as well as all pledged delegates. Tuesday in February. In no instance may
Delegates and alternates shall each, as a a state which scheduled delegate
group, be equally divided and, to the selection procedures on or between the
extent possible, each as a group shall first Tuesday in February and the second
reflect the representation goals Tuesday in June 1984 move out of
established in the state’s Affirmative compliance with the provisions of this
Action Plan. rule.

B. A state’s at-large delegates and B. All steps in the delegate selection


alternates shall be selected by one of the process, including the filing of
bodies, subject to the same conditions presidential candidates, must take place
specified in Rule 8.D. above, provided, within the calendar year of the
however, the State Party Committee may Democratic National Convention (except
choose such delegates and alternates as otherwise provided in these rules or
only if the state’s Delegate Selection Plan specifically allowed by the DNC Rules
is in full compliance with these rules. and Bylaws Committee).

C. At-large delegates and alternates


(including pledged party leader and
 3UHVLGHQWLDO3UHIHUHQFH
elected official delegates, which shall
include those to be allocated to A. All candidates for delegate and alternate
uncommitted status) in primary states in caucuses, conventions, committees
shall be allocated according to the state- and on primary ballots shall be identified
wide primary vote or, in states holding no as to presidential preference or
state-wide primary, according to the uncommitted status at all levels of a
division of preferences among process which determines presidential
convention and caucus participants. In preference.
non-primary states which do not hold
state conventions authorized to elect B. All persons wishing to be elected to a
delegates, at-large delegates shall be district-level or at-large delegate position
apportioned according to the division of must file a statement of candidacy
preferences among district-level designating the presidential or
delegates at the time of district-level uncommitted preference of the delegate
selection. If a presidential candidate candidate and a signed pledge of support
entitled to an allocation under this rule is for the presidential candidate (including
no longer a candidate at the time at-large uncommitted status) the person favors, if
delegates are selected, his/her allocation any, with the state party by a date certain
shall be proportionately divided among as specified in the state’s Delegate
the other preferences entitled to an Selection Plan. Persons wishing to be
allocation. elected as pledged party leader and
elected official delegates shall comply
 7LPLQJRIWKH'HOHJDWH with Rule 8.C.(3).

6HOHFWLRQ3URFHVV C. All candidates considered for district-level


alternate positions must meet the same
A. No meetings, caucuses, conventions or requirements as candidates for district-
primaries which constitute the first level delegate positions, except that the
determining stage in the presidential state may allow candidates who were not
3DJH 'HOHJDWH6HOHFWLRQ5XOHV
chosen at the delegate level to be and alternates are voted upon on
considered at the alternate level. the ballot, the presidential
candidate, or that candidate’s
D. Prior to the selection of national authorized representative(s), may
convention delegates and alternates, the approve a number of delegate
state party shall convey to the candidates or alternate candidates
presidential candidate, or that candidate’s equal to or greater than the number
authorized representative(s), a list of all of delegates or alternates allocated
persons who have filed for delegate or to the district.
alternate positions pledged to that
presidential candidate. All such delegate (2) Presidential candidates (including
and alternate candidates shall be uncommitted status), in consultation
considered bona fide supporters of the with the state party, may remove
presidential candidate whom they have any candidate for at-large and
pledged to support, unless the pledged party leader and elected
presidential candidate, or that candidate’s official delegate or alternate position
authorized representative(s), signifies from the list of bona fide supporters
otherwise in writing to the state party by a as long as, at a minimum, one (1)
date certain as specified in the state’s name remains for every national
Delegate Selection Plan. convention delegate or alternate
position to which the presidential
(1) Presidential candidates shall certify candidate is entitled, except that a
in writing to the Democratic State state may provide in its delegate
Chair the name(s) of their selection plan, if the plan is
authorized representative(s) by a approved by the Rules and Bylaws
date certain. Committee, that presidential
candidates (including uncommitted
(2) In states where delegates are voted status), may remove any candidate
upon on the ballot, the date by for an at-large and party leader and
which the presidential candidate, or elected official delegate or alternate
that candidate’s authorized position from the list of bona fide
representative(s), signifies approval supporters as long as, at a
or disapproval of the list of delegate minimum, two (2) names remain for
and alternate candidates in writing every position to which the
to the state party as required by presidential candidate is entitled.
Rule 11.D., must allow sufficient
time to ensure that names removed F. State parties shall ensure that state
from the list do not appear on the Delegate Selection Plans provide fair and
ballot. adequate time for persons to file for
delegate or alternate positions, and for
E. National convention delegate and presidential candidates, or their
alternate candidates removed from the authorized representative(s), to review
list of bona fide supporters by a the list of persons who have filed, and to
presidential candidate, or that candidate’s remove from that list persons not
authorized representative(s), may not be confirmed by the presidential candidate
elected as a delegate or alternate at that or his/her representative(s) as bona fide
level pledged to that presidential supporters of the presidential candidate.
candidate (including uncommitted
status). G. Except in states where individual
delegates and alternates are selected on
(1) Presidential candidates may not the ballot, district-level national
remove any candidate for a district- convention delegates and alternates
level delegate or alternate position pledged to a presidential candidate
from the list of bona fide supporters (including uncommitted status) shall be
unless, at a minimum, three (3) selected or nominated by a caucus of
names remain for every such persons from the unit electing the
position to which the presidential delegates and alternates who sign
candidate is entitled. Provided, statements of support for that presidential
however, that in states where candidate. Uncommitted delegates and
individual district-level delegates alternates shall be elected by the
'HOHJDWH6HOHFWLRQ5XOHV 3DJH
uncommitted caucus from the  )DLU5HIOHFWLRQRI
3UHVLGHQWLDO3UHIHUHQFHV
appropriate unit.

H. A district-level delegate and alternate


candidate may run for election only within A. Delegates shall be allocated in a fashion
the district in which he or she is that fairly reflects the expressed
registered to vote. For purposes of these presidential preference or uncommitted
rules, all delegates and alternates at any status of the primary voters or, if there is
level of the delegate selection process no binding primary, the convention and/or
must be bona fide Democrats who have caucus participants.
the interests, welfare and success of the
Democratic Party of the United States at B. States shall allocate district-level
heart, who subscribe to the substance, delegates and alternates in proportion to
intent and principles of the Charter and the percentage of the primary or caucus
the Bylaws of the Democratic Party of the vote won in that district by each
United States, and who will participate in preference, except that preferences
the Convention in good faith. falling below a 15% threshold shall not be
awarded any delegates. Subject to
I. No delegate at any level of the delegate section F. of this rule, no state shall have
selection process shall be mandated by a threshold above or below 15%. States
law or Party rule to vote contrary to that which use a caucus/convention system,
person’s presidential choice as shall specify in their Delegate Selection
expressed at the time the delegate is Plans the caucus level at which such
elected. percentages shall be determined.
J. Delegates elected to the national C. A presidential candidate or his/her
convention pledged to a presidential authorized representative(s) should act in
candidate shall in all good conscience good faith to slate delegate and alternate
reflect the sentiments of those who candidates, however, in any event, if a
elected them. presidential candidate (including
uncommitted status) has qualified to
K. (1) Based on the right of the receive delegates and alternates but has
Democratic Party to freely assemble failed to slate a sufficient number of
and to determine the criteria for its delegate and alternate candidates, then
candidates, it is determined that all additional delegates and alternates for
candidates for the Democratic that preference will be selected in a
nomination for President or Vice special post-primary procedure. The
President shall: State Party will administer special post-
primary procedures according to rules
(a) be registered to vote, and shall approved by the DNC Rules and Bylaws
have been registered to vote in Committee and such procedures should
the last election for the office of be set forth in the state’s delegate
President and Vice President; selection plan, where applicable.
and
D. District-level delegates and alternates
(b) have demonstrated a shall be allocated according to the
commitment to the goals and following procedures:
objectives of the Democratic
Party as determined by the Step 1: Tabulate the percentage of the
National Chair and will vote that each presidential
participate in the Convention in preference (including
good faith. uncommitted status) receives in
the congressional district to
(2) It is further determined that these three decimals.
requirements are in addition to the
requirements set forth by the United Step 2: Retabulate the percentage of
States Constitution and any law of the vote to three decimals,
the United States. received by each presidential
preference excluding the votes
of presidential preferences
3DJH 'HOHJDWH6HOHFWLRQ5XOHV
whose percentage in Step 1 preference of voters, the plan must
falls below 15%. provide for the timely reporting of the
election results to the state party.
Step 3: Multiply the number of
delegates to be allocated by the  3HWLWLRQ5HTXLUHPHQWVDQG
)LOLQJ'HDGOLQHV
percentage received by each
presidential preference.

Step 4: Delegates shall be allocated to A. If a state requires the filing of petitions


each presidential preference with the signatures of registered/enrolled
based on the whole numbers voters as the sole method to place a
which result from the presidential candidate’s name on the
multiplication in Step 3. primary ballot in connection with the
Democratic presidential nominating
Step 5: Remaining delegates, if any, process, such number of valid signatures
shall be awarded in order of the shall not exceed 5,000.
highest fractional remainders in
Step 3. B. If a state requires the payment of a fee by
a presidential candidate in connection
E. At-large and pledged party leader and with the Democratic presidential
elected official delegate and alternate nominating process, such fee shall not
positions shall be allocated to presidential exceed $2,500.
preferences by reference to primary or
convention votes or to the division of C. If a state requires the filing of a petition
preference among district-level delegates with the signatures of registered/enrolled
or alternates, as the case may be, as voters in order to have a delegate/
specified in Rule 9.C., except that a alternate candidate gain access to the
preference falling below a threshold of primary ballot in connection with the
15% shall not be awarded any delegates Democratic presidential nominating
or alternates at this level. Such delegates process, the number of valid signatures
and alternates in primary states shall be shall not exceed either one half of one
allocated to presidential preference percent (.5%) of the registered/enrolled
(including uncommitted status) according Democrats in such district or one half of
to the statewide primary vote. one percent (.5%) of the total votes in
such district for all Democratic
F. In all situations where no preference presidential candidates (including
reaches the applicable threshold, the uncommitted) during the immediately
threshold shall be the percentage of the preceding presidential nominating
vote received at each level of the process, whichever is lower, but in no
delegate selection process by the front- event shall the number of valid signatures
runner minus 10 percent. required exceed 1,000.
G. Under no circumstances shall the use of D. Subject to the prior sections of this rule,
single-delegate districts be permitted. the number of valid signatures required
of a presidential candidate to file a
H. For the purpose of fairly reflecting the petition to gain access to the primary
division of preferences, the non-binding ballot, and the number of valid signatures
advisory presidential preference portion required of a delegate/alternate
of primaries shall not be considered a candidate to gain access to the primary
step in the delegate selection process ballot, and the fees required to be paid to
and is considered detrimental. State the state by a presidential candidate and
parties must take steps to educate the by a delegate/alternate candidate to gain
public that a non-binding presidential access to the primary ballot, in
preference event is meaningless, and connection with the Democratic
state parties and presidential candidates presidential nominating process, shall not
should take all steps possible not to exceed those in effect in the particular
participate. state as of January 1, 1994.
I. In a state that uses a caucus and/or E. No deadline for the filing of petitions for
convention to determine presidential participation in the presidential
'HOHJDWH6HOHFWLRQ5XOHV 3DJH
nomination process by a having appeared at such meeting and
presidential candidate shall be less having established credentials, to register
than 30 days in advance of the the non-transferable proxy with another
primary or caucus nor more than 75 duly accredited participant at that
days in advance of the primary or meeting (except where an accredited
caucus. alternate is present and eligible to serve
as a replacement). No such rule shall
F. No candidate for delegate or alternate allow a person to hold more than three
shall be required to file a statement of (3) proxies at a time.
candidacy or a pledge of support as
required by Rule 11.B. prior to 30 days  8QLW5XOHDQG6ODWH0DNLQJ
before such delegate or alternate
candidate is to be selected or elected in a
primary, caucus or pre-primary caucus; A. The unit rule, or any rule or practice
provided, however, that in states holding whereby all members of a Party unit or
a presidential primary where individual delegation may be required to cast their
district-level delegates or alternates are votes in accordance with the will of a
to be voted upon on the ballot, no majority of the body, shall not be used at
candidate for delegate or alternate shall any stage of the delegate selection
be required to submit or file a statement process.
of candidacy or a pledge of support prior
to 90 days before the date on which they B. Any individual or group of Democrats
are to be voted upon. may sponsor or endorse a slate of
candidates for convention delegates. But
G. No candidate for at-large or pledged no slate may, by virtue of such
party leader and elected official delegate endorsement, receive a preferential place
or alternate shall be required to file a on a delegate selection ballot or be
statement of candidacy or a pledge of publicly identified on the ballot as the
support required by Rule 11.B. prior to 30 official Democratic Party organization
days before the date when the delegate slate, and all slates must meet identical
or alternate is to be selected or voted qualifying requirements for appearing on
upon. a ballot at all levels of the delegate
selection process.
H. No state’s delegate selection rules may
require the filing of district-level delegate  $OWHUQDWHVDQG9DFDQFLHV
or alternate candidates pledged to a
presidential candidate or uncommitted
status as a condition of access by a A. Alternate delegates shall be selected by
presidential candidate to the primary primary, convention or committee
ballot for voting upon presidential processes subject to the same National
preference. Party Rules applicable to the selection of
delegates, except that the provisions of
 4XRUXP5HTXLUHPHQWV Rules 8.A. and 8.B. shall not apply to the
election of alternates. Each State
Democratic Chair shall certify all
No less than forty percent (40%) of the alternates in writing to the Secretary of
members of any Party body above the the DNC.
first level of the delegate selection
process shall constitute a quorum for any B. If a given presidential preference is
business pertaining to the selection of entitled to one or more delegate positions
convention delegates. in a state but would not otherwise be
entitled to an alternate position, that
 3UR[\9RWLQJ preference shall be allotted one at-large
alternate position.

To insure full participation in the delegate C. The proportions of alternates elected at


selection process, state party rules may, the district level, and at-large, and as
at their discretion, provide for proxy pledged party leader and elected official
voting. Such rules shall allow an alternates, may be the same as the
accredited participant in a caucus, proportions of delegates elected in those
convention or committee meeting, after categories.
3DJH 'HOHJDWH6HOHFWLRQ5XOHV
D. Each state Delegate Selection Plan shall same sex and from the same
specifically provide how and under what political subdivision within the state
conditions an alternate is to replace or as the delegate.
act in lieu of (collectively referred to as
“replace” or “replaces”) a delegate. E. Delegates elected under the provisions of
Rules 8.A. and 8.B. shall not be entitled
(1) Delegate Selection Plans may to name a replacement under Rule 17.D.,
specify one or any combination of nor shall the state be entitled to a
the following alternatives for replacement except in case of death.
permanent and temporary
replacements: F. A vacant alternate position shall be filled
by the delegation. The replacement shall
(a) The delegate chooses the be of the same presidential preference
alternate; (or uncommitted status), of the same sex
and, to the extent possible, from the
(b) The delegation chooses the same political subdivision as the alternate
alternate; being replaced. Each replacement of a
vacant alternate position shall be certified
(c) The alternate who receives the in writing to the Secretary of the DNC by
highest number of votes; or the State Democratic Chair.

(d) Such other process as protects  '1&5XOHVDQG%\ODZV


&RPPLWWHH
the interests of presidential
candidates, delegates and
alternates.
A. The DNC Rules and Bylaws Committee
(2) A permanent replacement occurs will assist in the administration and
when a delegate resigns or dies enforce affirmative action and delegate
prior to and during the National selection requirements for the national
Convention and the alternate and state Democratic Parties.
replaces the delegate for the
remainder of the National B. The DNC Rules and Bylaws Committee
Convention. Any alternate who shall implement the Delegate Selection
permanently replaces a delegate Rules in a manner consistent with these
shall be certified in writing to the rules.
Secretary of the DNC by the State
Democratic Chair. He/She shall be C. The DNC Rules and Bylaws Committee
of the same presidential preference will provide state parties with a model
(including uncommitted status) and Delegate Selection and Affirmative Action
sex of the delegate he/she replaces, Plan.
and to the extent possible shall be
from the same political subdivision D. The DNC Rules and Bylaws Committee
within the state as the delegate; shall:
except in the case where the
presidential candidate has only one (1) review Affirmative Action and
alternate, in which case, that Delegate Selection Plans submitted
alternate shall become the certified by state parties and approve or
delegate. recommend changes in such plans;
(3) A temporary replacement occurs (2) conduct periodic evaluations and
when a delegate is to be absent for provide technical assistance to state
a limited period of time during the parties on affirmative action and
convention and an alternate delegate selection implementation;
temporarily acts in the delegate’s
place. Any alternate who temporarily (3) hear and recommend solutions to
replaces a delegate must be of the affirmative action complaints
same presidential preference unresolved by appropriate state
(including uncommitted status) as party bodies.
the delegate he/she replaces, and to
the extent possible shall be of the
'HOHJDWH6HOHFWLRQ5XOHV 3DJH
E. The DNC Rules and Bylaws Committee (b) If challenged and upheld, the
shall retain jurisdiction over the approval compliance of such
of amendments to state Delegate implementation programs shall
Selection Plans and state delegation be conclusive but not as to
compliance with equal division compliance or non-compliance
requirements, even after the Convention that may occur after the date of
Credentials Committee assumes the challenge.
jurisdiction over challenges to the
credentials of delegates. (2) Challenges regarding alleged
violation of an approved Delegate
F. No later than December 15, 2002, the Selection Plan shall first be brought
DNC Rules and Bylaws Committee shall to the appropriate state Democratic
send to state parties its regulations Party body for a decision to be
adopted pursuant to these rules and a rendered within twenty-one (21)
checklist. days. After due notice, any
aggrieved party shall have the right
G. The DNC shall allocate sufficient financial to appeal to the DNC Rules and
resources and staff to implement this Bylaws Committee within ten (10)
rule. days following the decision of the
state body according to procedures
 &KDOOHQJHV established by DNC Rules and
Bylaws Committee.

A. Jurisdictional Challenges. Any challenges (3) The DNC Rules and Bylaws
to a state party organization in respect to Committee shall either certify
its status as the body entitled to sponsor compliance, certify non-compliance
a delegation from that state must be or require corrective action after
presented to the DNC at any time up to which compliance or non-
thirty (30) days prior to the initiation of the compliance shall be certified.
state’s delegate selection process. Such
a challenge must be brought by at least C. (1) Violation of timing: In the event the
fifteen (15) Democrats from the state. Delegate Selection Plan of a state
party provides or permits a meeting,
B. Submission, Non-Implementation and caucus, convention or primary which
Violation Challenges. Failure to submit or constitutes the first determining
implement an approved affirmative action stage in the presidential nominating
program by the deadline specified in process to be held prior to or after
these rules shall constitute grounds for a the dates for the state as provided in
challenge with the burden of proof on the Rule 10 of these rules, or in the
challenged party. event a state holds such a meeting,
caucus, convention or primary prior
(1) At any time up to thirty (30) days to or after such dates, the number of
prior to the initiation of the state’s pledged delegates elected in each
delegate selection process, any category allocated to the state
group of not less than fifteen (15) pursuant to the Call for the National
Democrats in that state can Convention shall be reduced by fifty
challenge the affirmative action (50%) percent, and the number of
program on the basis of non- alternates shall also be reduced by
implementation of a specific fifty (50%) percent. In addition, none
requirement of a state plan, which of the members of the Democratic
challenge shall include reasonable National Committee and no other
documentation of alleged violations. unpledged delegate allocated
(In such challenges, the challenging pursuant to Rule 8.A. from that state
party shall have the burden of proof, shall be permitted to vote as
but the challenged party shall members of the state’s delegation.
present its case first.) In determining the actual number of
delegates or alternates by which the
(a) In the absence of any such state’s delegation is to be reduced,
challenge, the implementation any fraction below .5 shall be
of any such program shall be rounded down to the nearest whole
presumptively in compliance.
3DJH 'HOHJDWH6HOHFWLRQ5XOHV
number, and any fraction of .5 section C., against a state party and
or greater shall be rounded up against the delegation from the state
to the next nearest whole which is subject to the provisions of
number. any of subsections (1) through (3) of
this section C., including, without
(2) Violation of proportional limitation, establishing a committee
representation: In the event the to propose and implement a
Delegate Selection Plan of a state process which will result in the
party provides or permits the selection of a delegation from the
pledged delegates or alternates to affected state which shall (i) be
be allocated to a presidential broadly representative, (ii) reflect
preference (including uncommitted the state’s division of presidential
status) other than as provided under preference and uncommitted status
Rule 12 of these rules, or in the and (iii) involve as broad
event a state party, in fact, allocates participation as is practicable under
its pledged delegates or alternates the circumstances.
to a presidential preference
(including uncommitted status) other (6) Nothing in these rules shall prevent
than as provided under Rule 12 of the DNC Rules and Bylaws
these rules, the delegation of the Committee from imposing sanctions
state shall be reduced by the same the Committee deems appropriate
amount and as provided in section with respect to a state which the
C.(1) of this rule. Committee determines has failed or
refused to comply with these rules,
(3) Violation of the threshold: In the where the failure or refusal of the
event the Delegate Selection Plan of state party is not subject to
a state party provides or permits a subsections (1), (2) or (3) of this
threshold other than fifteen (15%) section C. Possible sanctions
percent as set forth in Rule 12 of include, but are not limited to:
these rules, or in the event a state reduction of the state’s delegation;
party in fact permits the pursuant to Rule 20.C.,
implementation of a threshold other recommending the establishment of
than fifteen (15%) percent as a committee to propose and
provided in Rule 12 of these rules, implement a process which will
the delegation of the state shall be result in the selection of a
reduced by the same amount and delegation from the affected state
as provided in section C.(1) of this which shall (i) be broadly
rule. representative, (ii) reflect the state’s
division of presidential preference
(4) Upon a determination of the DNC and uncommitted status and (iii)
Rules and Bylaws Committee that a involve as broad participation as is
state is in violation as set forth in practicable under the
subsections (1), (2) or (3) of section circumstances; reducing, in part or
C. of this rule, the reductions in whole, the number of the state’s
required under those subsections temporary and permanent members
shall become effective automatically to the Standing Committees;
and immediately and without further reducing, in part or in whole, the
action of the DNC Rules and Bylaws number of guests, VIP and other
Committee, the Executive passes/tickets to the National
Committee of the DNC, the DNC or Convention and related functions;
the Credentials Committee of the assignment of location of the state’s
Democratic National Convention. delegates and alternates in the
Convention hall; and assignment of
(5) Nothing in the preceding the state’s housing and other
subsections of this rule shall be convention related facilities.
construed to prevent the DNC Rules
and Bylaws Committee from (7) In the event a state shall become
imposing additional sanctions, subject to subsections (1), (2) or (3)
including, without limitation, those of section C. of this rule as a result
specified in subsection (6) of this of state law but the DNC Rules and
'HOHJDWH6HOHFWLRQ5XOHV 3DJH
Bylaws Committee, after an Selection Plan is either not
investigation, including hearings if approved by the DNC Rules and
necessary, determines the state Bylaws Committee or the specific
party and the other relevant method and procedures referred to
Democratic party leaders and in the first sentence of this
elected officials took all provable, subsection (8) are not approved by
positive steps and acted in good the DNC Rules and Bylaws
faith to achieve legislative changes Committee, or in the event a state’s
to bring the state law into Delegate Selection Plan specifies
compliance with the pertinent the method and procedures which
provisions of these rules and have been approved by the DNC
determines that the state party and Rules and Bylaws Committee, but
the other relevant Democratic party the state party fails or refuses to
leaders and elected officials took all implement those specific method
provable, positive steps and acted in and procedures, and in the event
good faith in attempting to prevent the state’s delegation is required to
legislative changes which resulted in be reduced pursuant to this Rule 19,
state law that fails to comply with the then the DNC Rules and Bylaws
pertinent provisions of these rules, Committee shall, by lottery, or other
the DNC Rules and Bylaws appropriate method determined by
Committee may determine that all or the DNC Rules and Bylaws
a portion of the state’s delegation Committee, determine which
shall not be reduced. The state delegates and alternates shall not
party shall have the burden of be a part of the state’s delegation in
proving by clear and convincing order to achieve the reduction of the
evidence that it and the other state’s delegation pursuant to this
relevant Democratic party leaders Rule 19. Any reduction of delegates
and elected officials took all under this provision shall be
provable, positive steps and acted in accomplished in a manner which
good faith to achieve legislative complies with the requirement of
changes to bring the state law into proportional representation as
compliance with the pertinent provided for in Rule 12.
provisions of these rules and that it
and the other relevant Democratic (9) Except as provided by subsection
party leaders and elected officials (7) of this section C., the fact that a
took all provable, positive steps and state party took provable, positive
acted in good faith in attempting to steps as provided in Rule 20 of
prevent the legislative changes these rules shall not preclude the
which resulted in state law that fails state’s delegation from being
to comply with the pertinent subject to the sanctions set forth in
provisions of these rules. subsections (1), (2), (3), (4) and (5)
of this section C.
(8) A state party may provide in its
Delegate Selection Plan the specific D. Unresolved Challenges and Report to the
method and procedures by which it Credentials Committee. The DNC Rules
will reduce its delegation pursuant to and Bylaws Committee shall report its
this Rule 19 in the event the state activities, together with all challenges and
party or delegation becomes subject complaints, to the Credentials Committee
to this Rule 19 by which categories of the Democratic National Convention.
of delegates must be reduced by In cases involving unresolved challenges
fifty (50%) percent, which specific which are appealed to the Credentials
method and procedures shall be Committee, the burden of proof shall rest
subject to the review and approval with the party presenting the challenge.
of the DNC Rules and Bylaws
Committee. In the event a state’s  6WDWH/HJLVODWLYH&KDQJHV
Delegate Selection Plan does not
provide for the specific method and
procedures referred to in the A. Subject to Rule 19.C. of these Rules,
immediately preceding sentence, or wherever any part of any section
in the event the state’s Delegate contained in these rules conflicts with
existing state laws, the state party shall
3DJH 'HOHJDWH6HOHFWLRQ5XOHV
take provable positive steps to
achieve legislative changes to bring
the state law into compliance with
the provisions of these rules.

B. Provable positive steps shall be taken in


a timely fashion and shall include: the
drafting of corrective legislation; public
endorsement by the state party of such
legislation; efforts to educate the public
on the need for such legislation; active
support for the legislation by the state
party lobbying state legislators, other
public officials, Party officials and Party
members; and encouraging consideration
of the legislation by the appropriate
legislative committees and bodies.

C. A state party may be required by a vote


of the DNC Executive Committee upon a
recommendation of the DNC Rules and
Bylaws Committee to adopt and
implement an alternative Party-run
delegate selection system which does not
conflict with these rules, regardless of
any provable positive steps the state may
have taken.

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