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DELEGATE

SELECTION
RULES
For the 2020 Democratic National Convention

Tom Perez
Chair
TABLE OF CONTENTS
Rule Number
1. Publication and Submission of State Party Rules ........................................................................ 1

2. Participation ...................................................................................................................................... 2

3. Scheduling of Delegate Selection Meetings .................................................................................. 6

4. An Open Party .................................................................................................................................. 6

5. Non-Discrimination ......................................................................................................................... 7

6. Affirmative Action ........................................................................................................................... 8

7. Outreach and Inclusion Programs ............................................................................................... 10

8. National Convention Delegate Apportionment ........................................................................ 10

9. Automatic Party Leaders and Elected Official Delegates ......................................................... 11

10. Pledged Party Leaders and Elected Official Delegates ............................................................. 11

11. Selection of At-Large Delegates ................................................................................................... 12

12. Timing of the Delegate Selection Process ................................................................................... 12

13. Presidential Preference .................................................................................................................. 13

14. Fair Reflection of Presidential Preferences ................................................................................. 15

15. Petition Requirements and Filing Deadlines .............................................................................. 16

16. Quorum Requirements .................................................................................................................. 17

17. Proxy Voting ................................................................................................................................... 17

18. Unit Rule and Slate-Making ......................................................................................................... 17

19. Alternates and Vacancies .............................................................................................................. 18

20. DNC Rules and Bylaws Committee ............................................................................................ 19

21. Challenges ....................................................................................................................................... 19

22. State Legislative Changes.............................................................................................................. 23


DELEGATE SELECTION RULES
For the 2020 Democratic National Convention
Rule 1 State Party rules for delegate and
alternate candidates and for presidential
Publication and Submission of
candidates;
State Party Rules
9. Procedures for ascertaining
A. State parties shall adopt a Delegate Selection delegate/alternate preference at all
Plan, including an Affirmative Action Plan stages;
and Outreach and Inclusion Program (as
defined in Rules 6 and 7) which contain 10. Procedures for presidential candidate
explicit rules and procedures governing all right of approval;
aspects of the delegate selection process.
These rules shall include, but are not limited 11. Method of awarding delegates and
to: alternates to presidential candidates;

1. Procedures for electing and certifying 12. Methods and timetable for the selection
delegates and alternates at all levels; of standing committee members;

2. Timing of primary/caucuses/ 13. Procedures for challenges of the delegate


conventions; selection, affirmative action, and
outreach and inclusion processes;
3. Procedures providing for equal division
in each state’s convention delegation; 14. Methods and timetable for the selection
of convention pages; and
4. Procedures providing for the selection
of the chair of the delegation; 15. Other appropriate provisions from these
Rules, the Call, and the Regulations.
5. Particulars concerning the scheduling of
delegate selection meetings including B. The following items are to be routinely
methods by which each meeting or included at an appropriate place in each
event will be publicized; state Delegate Selection Plan:

6. Affirmative Action Plans and Outreach 1. Eligibility requirements for participation


and Inclusion Programs which include in the delegate selection process in
affirmative action and inclusion conformance with Rule 2 [Rule 2.A.];
obligations of presidential candidates;
2. Prohibition of cost and fees [Rule 2.D.];
7. All filing and petition requirements,
including filing fees, if applicable, and 3. Prohibition of participation by those
corresponding deadlines prescribed by participating in another party’s process
state law for delegate and alternate [Rule 2.E.];
candidates and for presidential
candidates; 4. One-meeting limitation for first-stage
participants [Rule 3.E.];
8. All filing and petition requirements,
including filing fees, if applicable, and 5. “Six basic elements” of an open party
corresponding deadlines prescribed by [Rule 4];
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2020 Delegate Selection Rules for the Democratic National Convention

practicable, but in no case later than


6. Non-discrimination principles [Rule 5]; September 13, 2019, or four months before
the respective State’s first determining step,
7. Requirement that all steps take place whichever is earlier. Its decision shall be
within calendar year of convention final and binding.
[Rule 12.B.];
F. Implementation of state Affirmative Action
8. Required identification of preference of Plans and Outreach and Inclusion Programs
candidates for delegate and alternate shall begin no later than September 13, 2019,
[Rule 13.A.]; or four months before the respective state’s
first determining step, whichever is earlier.
9. Protection against coerced vote [Rule
13.I.]; G. State Delegate Selection Plans shall specify
the methods and timetable to be followed in
10. Quorum requirements [Rule 16]; selecting members of standing committees
of the national convention. These
11. Proxy voting rules, if any [Rule 17]; procedures shall be in conformity with the
rules to be contained in the Call for the 2020
12. Unit rule prohibition [Rule 18.A.]; Convention.

13. Slate making limitations [Rule 18.B.]; H. The Democratic National Committee
and (“DNC”) and the state parties shall publish
and make available at no cost their rules, the
14. Succession of alternates to delegate 2020 National Delegate Selection Rules, and
status and filling of vacancies in a clear and concise explanation of how
delegate positions [Rule 19]. Democratic voters can participate in the
delegate selection process. The DNC shall
C. Each State Party shall provide for a thirty prepare and provide at no cost to state
(30) day1 period of public comment to solicit parties a clear and concise explanation of
opinion on the State’s Delegate Selection the 2020 Delegate Selection Rules. This shall
Plan, Affirmative Action Plan and Outreach be done no later than October 1 of the
and Inclusion Program prior to adoption. calendar year immediately preceding the
All written public comments submitted to calendar year of the national convention.
the state Democratic Committee shall be
submitted along with the plans to the Rules
and Bylaws Committee of the Democratic
Rule 2
National Committee (“DNC Rules and Participation
Bylaws Committee”).
A. Participation in the delegate selection
D. State Delegate Selection Plans, including process shall be open to all voters who wish
Affirmative Action Plans and Outreach and to participate as Democrats.
Inclusion Programs, shall be submitted to
the DNC Rules and Bylaws Committee for 1. Democratic voters shall be those persons
approval on or before May 3, 2019. who publicly declare their Party
preference and have that preference
E. The DNC Rules and Bylaws Committee publicly recorded.
shall act on the proposed plans as soon as

1 Unless otherwise explicitly specified, reference in these recognized holiday, the time shall be extended to the next
Rules to “day” or “days” means “calendar days.” If the last business day.
day of a period falls on a Saturday, Sunday or a federally
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2020 Delegate Selection Rules for the Democratic National Convention

2. Implementation of this administrative in accordance with the provisions of this


matter shall be delegated to the DNC Rule 2.
Rules and Bylaws Committee.
G. The casting of ballots over the Internet may
B. Nothing in these rules shall be interpreted be used as a method of voting in a vote only
to encourage or permit states with party for presidential preference in a State Party-
registration and enrollment, or states that run process constituting the first
limit participation to Democrats only, to determining stage in the presidential
amend their systems to open participation nominating process, and only if such casting
to members of other parties. of ballots over the Internet:

C. State parties shall take all feasible steps to 1. Is used in a system in which voters may
encourage non-affiliated and new voters to cast their ballots in person on the day of
register or enroll, to provide simple such process and/or by mail, and in
procedures through which they may do so which casting of ballots over the
and to eliminate excessively long waiting Internet is an alternate means of voting;
periods for voters wishing to register or to
change their party enrollment status. All 2. Is accompanied by a comprehensive,
Democrats who comply with Rule 2.A. shall proactive education and outreach
be allowed to participate in the delegate program on the use of Internet voting
selection process. that is set forth in the state’s delegate
selection plan and approved by the
D. At no stage of the delegate selection process DNC Rules and Bylaws Committee;
shall any person be required, directly or
indirectly, to pay a cost or fee as a condition 3. Is conducted in accordance with a plan
for participating in the delegate selection approved by the DNC Rules and Bylaws
process. Voluntary contributions to the Committee that is included in the state’s
Party may be made, but under no delegate selection plan, and that
circumstances shall a contribution be provides adequate measures to achieve
mandatory for participation. security, reliability, access to eligible
voters and transparency, including
E. No person shall participate or vote in the contractual and other safeguards to
nominating process for a Democratic secure exclusive ownership and control
presidential candidate who also participates by the State Party of voting data;
in the nominating processes of any other
party for the corresponding elections. 4. Is accomplished through a system
which provides the voter with an
F. In accordance with Article Nine, Section 12 opportunity to verify the voter’s ballot
of the Charter of the Democratic Party of the and correct any error before the voter’s
United States, votes shall not be taken by vote is cast; which can be permanently
secret ballot at any stage of the delegate maintained by the voter at the voter’s
selection process, including processes option in paper, electronic or other
leading up to the selection of DNC form; and which produces a paper
Members or State Chairs and Vice Chairs, record of the voter’s vote that is
who serve as DNC members by virtue of preserved and maintained by the State
their office, except that use of such voting Party in the event of a manual audit,
by secret ballot may be used in a process until the expiration of the time for filing
that is the first determining stage of the an implementation challenge under
delegate election process and in which all these Rules.
individual voters are eligible to participate

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2020 Delegate Selection Rules for the Democratic National Convention

H. State Delegate Selection Plans shall include encouraged to support educational,


a description of actions taken or to be taken administrative, legislative, and litigation
by the State Party to seek enactment of based efforts to protect and expand the
legislation, rules, and policies at the state vote and advance election fairness and
and local level to enhance voter and election security. Such efforts may include the
security, that will: goals set forth below.

1. Maintain secure and accurate state voter a. Expand access to voting, including
registration rolls, so that every eligible by early voting, no excuse
American who registers to vote has their absentee, same-day voter
personal information protected and registration, and voting by mail;
secure;
b. Ensure that voting locations are
2. Implement transparent and accurate accessible, fairly placed, and
voter registration list maintenance adequate in number, and have an
procedures that comply with federal sufficient number of voting
requirements and ensure that every machines;
eligible voter stays on the rolls;
c. Speed up the voting process and
3. Promote the acquisition, maintenance, minimize long lines;
and regular replacement of precinct
based optical scan voting systems; d. Eliminate onerous and
discriminatory voter identification
4. Ensure that any direct recording requirements;
electronic systems in place have a voter
verified paper record; e. Count and include in the final total
ballots from voters who are
5. Implement risk limiting post-election eligible to vote but cast their ballot
audits such as manual audits comparing in the wrong precinct, for offices
paper records to electronic records; for which they are eligible to vote;
and
6. Ensure that all voting systems have
recognized security measures; and f. Facilitate military and overseas
voting.
7. Use accessible and secure voting
machines that make it possible for 2. As part of encouraging participation in
individuals with disabilities to vote the delegate selection process by
securely and privately. registered voters, state parties are
encouraged to support efforts to make
I. Each State Party shall include in its Delegate voter registration easier including:
Selection Plan a description of steps taken or
to be taken to assess and improve a. Voter registration modernization,
participation with respect to presidential including online voter registration
preference and delegate selection contests and automatic and same-day
and procedures. registration;

1. Such steps shall include establishment, b. Pre-registration of high school


with DNC assistance, of year-round students so that they are already
voter protection programs. As part of registered once they reach voting
such programs, state parties are age;

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2020 Delegate Selection Rules for the Democratic National Convention

c. Restoration of voting rights to all 4. Creating a process for publicly reporting


people who have served the time the total statewide and district level
for their criminal conviction, results for each candidate based on the
without requiring the payment of first expression of preference by the
court fees or fines; and participants at the first determining
step, as determined in the State's Plan;
d. Allow same-day or automatic
registration for the Democratic 5. Requiring that the allocation of all
presidential nominating process. national delegates, be locked in at the
final expression of preference at the first
J. When employing government-run voting determining step, as determined by the
systems, it is important for State Parties to State's Plan, subject to recount;
resist attempts at voter suppression,
disenfranchisement, and ensure an open 6. Ensuring final expressions of preference
and inclusive process. These efforts include as part of the presidential nominating
revising State Party rules and encouraging process are securely preserved, in a
administrative rules, legislation, or method to be specified in the State's
considering litigation to: Plan, that ensures the availability of a
prompt and accurate recount or
1. Allow same-day party switching for the recanvas;
Democratic presidential nominating
process or to achieve state laws that 7. Providing a standard and procedure by
allow voters to switch parties at least as which a presidential candidate may
late as the deadline for registering to request a recount or recanvas that is
vote. paid for by the candidate and carried
out in a timely manner;
K. While parties are encouraged to use
government-run primaries, in states where 8. Creating mechanisms that allow voters
the State Party chooses to hold a Party-run who are unable to be a part of the
process to establish presidential preference, process in person to participate. This
the State Party’s Delegate Selection Plan can include, but is not limited to those
shall prevent attempts at voter suppression, serving in the military, those with a
disenfranchisement, and ensure an open disability or illness preventing
and inclusive process. Further, the Rules participation, those who are not able to
and Bylaws Committee shall determine take time off from work or obtain child
whether the State Party’s Delegate Selection care, and other reasons; and
Plan meets the requirements specified in
this section, including: 9. Taking appropriate steps to ensure
voters in party-run processes, like those
1. Incorporating mechanisms with in primary states, have a right to
reasonable safeguards against error and participate in the process. These steps
fraud to vote absentee or vote early; could include any required rules
changes and the proper education and
2. Demonstrating that the State Party has outreach to ensure accessibility,
the financial and technical ability to including specifically for people with
successfully run the process; disabilities and for people with limited
English proficiency in accordance with
3. Implementing same-day voter the Americans With Disabilities Act and
registration and party-affiliation
changes at the voting location;
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2020 Delegate Selection Rules for the Democratic National Convention

Sections 203 and 208 of the Voting


Rights Act. E. No person shall participate in more than
one meeting which is the first determinative
Rule 3 step in the delegate selection process.
Scheduling of Delegate
Selection Meetings Rule 4
An Open Party
A. All official Party meetings and events
related to the national convention delegate A. The Democratic National Committee
selection process, including caucuses, reaffirms its commitment to the 1964
conventions, committee meetings, filing resolution, and requires the national and
dates, and Party enrollment periods, shall state parties to incorporate the Six Basic
be scheduled for dates, times and publicly Elements, as updated, into their Party rules
accessible places which would be most and to take appropriate steps to secure their
likely to encourage the participation of all implementation.
Democrats, and must begin and end at
reasonable hours. It shall be the B. The 1964 Democratic National Convention
responsibility of the State Party to select the adopted a resolution which conditioned the
dates, times and to locate and confirm the seating of delegates at future conventions
availability of publicly accessible facilities on the assurances that discrimination in any
for all official party meetings and events State Party affairs on the ground of race,
related to the national convention delegate color, creed or national origin did not occur.
selection process. The 1968 Convention adopted the 1964
Convention resolution for inclusion in the
B. All such meetings or events which are the Call for the 1972 Convention. In 1966, the
first meeting or event in the delegate Special Equal Rights Committee, which had
selection process shall be scheduled at times been created in 1964, adopted six anti-
and dates which are uniform throughout discrimination standards — designated as
the state, except where it is established by the Six Basic Elements. As our Party strives
the State Party and approved by the DNC to progress in the fight against
Rules and Bylaws Committee that such discrimination of all kinds, these Six Basic
uniform times and dates would significantly Elements have evolved and grown along
reduce participation in the delegate with the constant push for more inclusion
selection process. and empowerment. These working
principles, as updated, are as follows:
C. The times, dates, places, and rules for the
conduct of all caucuses, conventions, 1. All public meetings at all levels of the
meetings and other events involved in the Democratic Party in each state should be
delegate selection process shall be open to all members of the Democratic
effectively publicized by the Party Party regardless of race, sex, age, color,
organization, official, candidate or member creed, national origin, religion, ethnic
calling the same. identity, sexual orientation, gender
identity and expression, economic status
D. Concise statements in advance of all or disability (hereinafter collectively
meetings and events concerning the referred to as “status”).
relationship between the business to be
conducted and the delegate selection 2. No test for membership in, nor any
process shall be effectively publicized by the oaths of loyalty to, the Democratic Party
Party organization, official, candidate or in any state should be required or used
member calling the same. which has the effect of requiring
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2020 Delegate Selection Rules for the Democratic National Convention

prospective or current members of the of all positions as officers and


Democratic Party to acquiesce in, representatives of the state Democratic
condone or support discrimination Party. Such publication should be done
based on “status.” in timely fashion so that all prospective
candidates or applicants for any elected
3. The time and place for all public or appointed position within each State
meetings of the Democratic Party on all Democratic Party will have full and
levels should be publicized fully and in adequate opportunity to compete for
such manner as to assure timely notice office.
to all interested persons. Such meetings
must be held in places accessible to all C. These provisions demonstrate the intention
Party members and large enough to of the Democratic Party to ensure a full
accommodate all interested persons. opportunity for all “status” (as defined in
Rule 4.B.(1)) members to participate in the
4. The Democratic Party, on all levels, delegate selection process.
should support the broadest possible
registration without discrimination
based on “status.” Rule 5
Non-Discrimination
5. The Democratic Party in each state
should publicize fully and in such a A. In order that the Democratic Party at all
manner as to assure notice to all levels be an open Party which includes
interested parties a full description of rather than excludes people from
the legal and practical procedures for participation, a program of effective
selection of Democratic Party officers affirmative action and inclusion is hereby
and representatives on all levels. adopted.
Publication of these procedures should
be done in such fashion that all B. Discrimination on the basis of “status” in
prospective and current members of the conduct of Democratic Party affairs is
each State Democratic Party will be fully prohibited.
and adequately informed of the
pertinent procedures in time to C. In order to continue the Democratic Party’s
participate in each selection procedure ongoing efforts to include groups
at all levels of the Democratic Party historically under-represented in the
organization. Each State Party should Democratic Party’s affairs, by virtue of race,
develop a strategy to provide education sex, age, color, creed, national origin,
programs directly to voters who religion, ethnic identity, sexual orientation,
continue to experience confusing gender identity and expression, economic
timelines for registration, changing status or disability, each State Party shall
party affiliation deadlines, or lack of develop and submit Party outreach
awareness of the process for running for programs, including recruitment, education
delegate, to ensure all Democratic voters and training, in order to achieve full
understand the rules and timelines and participation by such groups and diversity
their impact on voter participation. in the delegate selection process and at all
levels of Party affairs.
6. The Democratic Party in each state
should publicize fully and in such a
manner as to assure notice to all
interested parties a complete description
of the legal and practical qualifications

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2020 Delegate Selection Rules for the Democratic National Convention

Rule 6 affirmative action goals does not obviate


the need for the State Party to conduct
Affirmative Action
outreach activities such as recruitment,
education and training. Priority of
A. The promises of a democratically elected consideration shall also be given to
government and the right to vote have not other groups as described in Rule 5.(C),
always been extended equally to all which are under-represented in
Americans. Historically, certain groups of Democratic Party affairs, in order to
Americans have been explicitly denied the assist in the achievement of full
right to vote or have been subjected to participation by these groups.
discriminatory and exclusionary practices
with the intended effect of denying them 4. The DNC will work with the State Party
voting rights. In recognition of this past to ascertain the demographic make-up
history of discriminatory denial of the of the aforementioned groups of the
franchise and in order to encourage full state’s Democratic electorate.
participation by all Democrats in the
delegate selection process and in all Party B. Performance under an approved
affairs, the national and state Democratic Affirmative Action Plan and Outreach and
Parties shall adopt and implement Inclusion Program and composition of the
affirmative action programs with specific convention delegation shall be considered
goals and timetables for African Americans, relevant evidence in the challenge to any
Hispanics, Native Americans, Asian state delegation. If a State Party has
Americans and Pacific Islanders and adopted and implemented an approved
women. affirmative action program, the State Party
shall not be subject to challenge based solely
1. The goal of such affirmative action shall on delegation composition or primary
be to achieve participation in the results.
delegate selection process and in Party
organizations at all levels by the C. State Delegate Selection Plans shall provide
aforementioned groups as indicated by for equal division between delegate men
their presence in the Democratic and delegate women and alternate men and
electorate. alternate women within the state’s entire
convention delegation (determined by
2. This goal shall not be accomplished gender-self-identification). For purposes of
either directly or indirectly by the this rule, the entire delegation includes all
Party’s imposition of mandatory quotas pledged delegates and alternates and
at any level of the delegate selection automatic delegates (including automatic
process or in any other Party affairs. party leaders and elected official delegates).
In the case of gender non-binary delegates,
3. In the selection of each state’s at-large they shall not be counted as either a male or
delegation, priority of consideration female, and the remainder of the delegation
shall be given to African Americans, shall be equally divided by gender.
Hispanics, Native Americans, Asian
Americans and Pacific Islanders and 1. State Delegate Selection Plans shall, as
women, if such priority of consideration far as mathematically practicable, also
is needed to fulfill the affirmative action provide for equal division between
goals outlined in the state’s Delegate district-level delegate men and delegate
Selection Plan. Such remedial action is women and district-level alternate men
necessary in order to overcome the and alternate women, as described in
effects of past discrimination. Use of the Rule 6.C.
at-large delegation to fulfill the plan’s
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2020 Delegate Selection Rules for the Democratic National Convention

Affirmative Action Committee shall review


2. The DNC Rules and Bylaws Committee the proposed outreach program required in
shall have continuing jurisdiction to Rule 5.C.
ensure compliance with this equal
division requirement. No at-large G. Each State Affirmative Action Plan shall
delegate or alternate from a state shall include outreach provisions to encourage
be placed on the temporary roll of the the participation and representation of
2020 Democratic National Convention persons of low and moderate income, and a
unless the Rules and Bylaws Committee specific plan to help defray expenses of
has certified to the Secretary of the those delegates otherwise unable to
Democratic National Committee that participate in the national convention.
such state’s delegation complies with
this equal division rule. It shall be the H. State Parties in their Delegate Selection
duty of the DNC Rules and Bylaws Plans shall impose reasonable specific
Committee to determine such Affirmative Action and Inclusion
compliance as soon as practicable obligations upon presidential candidates
following the certification of the state’s consistent with the delegate selection
at-large delegates and alternates. system employed by the state.

3. Notwithstanding sub-paragraph A.(2) 1. State Parties shall require presidential


above, equal division at any level of candidates to submit statements that
delegate or committee positions specify what steps such candidates will
between delegate men and delegate take to encourage full participation in
women or committeemen and their delegate selection process,
committeewomen shall not constitute a including, but not limited to, procedures
violation of any provision thereof. by which persons may file as candidates
for delegate or alternate. Provided
D. For purposes of providing adequate notice further that presidential candidates
of the delegate selection process under Rule submit such full participation
3, the times, dates, places and rules for the statements to the DNC Rules and
conduct of all caucuses, conventions, Bylaws Committee at the same time
meetings and other events involved in the they are submitted to state parties.
delegate selection process shall be
effectively publicized, multilingually where 2. State Parties shall require presidential
necessary, to encourage the participation of candidates to submit demographic
minority groups. information with respect to candidates
for delegate and alternate pledged to
E. State Democratic Parties shall ensure that them.
district lines used in the delegate selection
process are not gerrymandered to I. Each State Party shall certify to the Rules
discriminate against African Americans, and Bylaws Committee whether each
Hispanics, Native Americans, Asian presidential candidate (including
Americans and Pacific Islanders or women. uncommitted status) has used best efforts to
ensure that their respective delegations at
F. Each state Affirmative Action Plan shall each level within a state’s delegation shall
provide for the appointment of a fulfill the requirements of Rule 6 and Rule 7
representative state Affirmative Action established by the state’s Delegate Selection
Committee by March 1, 2019. Before the Plan and that the respective delegations of
State Party submits its Plan to the DNC each presidential candidate within the
Rules and Bylaws Committee, the state’s delegation shall be equally divided

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2020 Delegate Selection Rules for the Democratic National Convention

between men and women (as described in candidates in the two most recent
Rule 6.C). presidential elections and to Democratic
Party registration or enrollment as of
Rule 7 January 1, 2020; or
Outreach and Inclusion
4. A formula giving one-third (1/3) weight
Programs to each of the formulas in items (1), (2),
and (3).
The Democratic National Committee recognizes
that other groups of Americans in addition to B. Apportionment for each body selecting
those described in Rule 6 may be under- delegates to state, district, and county
represented in Party affairs. These groups conventions shall be based upon population
include members of the LGBTQ+ community, and/or some measure of Democratic
people with disabilities, and youth. The strength.
National and State Parties shall adopt and
implement Outreach and Inclusion Programs in C. The Call for the 2020 Convention shall state
order to achieve the full participation of the base delegation for each delegation.
members of these and other groups in the Seventy-five percent (75%) of each state’s
delegate selection process and in all party base delegation shall be elected at the
affairs, as indicated by their presence in the congressional district level or smaller.
Democratic electorate. The DNC will work with Twenty-five percent (25%) of each state’s
the State Party to ascertain the presence of these base delegation shall be elected at large.
groups in the State’s Democratic electorate. As Delegates so elected shall hereafter be
is already the practice in most states, State termed “district-level” and “at-large”
Parties should use goals to achieve these ends; delegates, respectively. Each State
however, in no event may such participation be Democratic Chair shall certify all delegates
accomplished by the use of quotas. in writing to the Secretary of the DNC.

D. In those states with more than one


Rule 8
congressional district, after the election of
National Convention Delegate district-level delegates and prior to the
Apportionment selection of at-large delegates, each State
Democratic Chair shall certify pledged
A. Apportionment of district-level delegates party leader and elected official delegates
within states shall be based on one of the equal to 15% of the state’s base delegation
following: selected pursuant to Rule 10.

1. A formula giving equal weight to total E. The election of district-level and at-large
population and to the average of the delegates and alternates may take place at
vote for the Democratic candidates in the same meeting, provided that district-
the two most recent presidential level delegates are selected first. In states
elections; with one congressional district the election
of delegates selected in accordance with
2. A formula giving equal weight to the Rules 8.B., 8.C., and 10.A., may be
vote for the Democratic candidates in conducted simultaneously. In all cases,
the most recent presidential and affirmative action, inclusion and fair
gubernatorial elections; reflection guidelines must be met and the
Democratic Chair of each such state shall
3. A formula giving equal weight to the make the certifications required by
average of the vote for the Democratic subsection 8.D.

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2020 Delegate Selection Rules for the Democratic National Convention

Rule 9 B. Except as provided in 9.A. above, no person


shall serve as an automatic delegate at any
Automatic Party Leaders and
level of the delegate selection process by
Elected Official Delegates virtue of holding a public or party office.

A. For the purpose of these rules, the term


Rule 10
“automatic” used in this Rule corresponds
with the term “unpledged,” as used in Pledged Party Leaders and
Article Two, Section 4(h) of the Charter. The Elected Official Delegates
procedure to be used for certifying
automatic party leader and elected official A. Following the selection of district-level
delegates is as follows: delegates under 8.E., pledged party leader
and elected official delegates are to be
Not later than March 6, 2020, the Secretary selected subject to the following procedures:
of the Democratic National Committee shall
officially confirm to each State Democratic 1. Persons shall be considered for pledged
Chair the names of the following automatic party leader and elected official
delegates who legally reside in their delegates and alternates according to
respective state and who shall be recognized the following priority: big city mayors
as part of their state’s delegation unless any and state-wide elected officials to be
such member has publicly expressed given equal consideration; state
support for the election of, or has endorsed, legislative leaders, state legislators, and
a presidential candidate of another political other state, county and local elected
party: officials and party leaders.

1. The individuals recognized as members 2. These slots shall be allocated on the


of the DNC (as set forth in Article Three, same basis as the state’s at-large
Sections 2 and 3 of the Charter of the delegates.
Democratic Party of the United States);
and, 3. If persons eligible for pledged party
leader and elected official delegate
2. The Democratic President and the positions have not made known their
Democratic Vice President of the United presidential preference under the
States, if applicable; and, procedures established by the state
pursuant to Rule 13 for candidates for
3. All Democratic members of the United district-level and at-large delegate
States House of Representatives and all positions, their preferences shall be
Democratic members of the United ascertained through alternative
States Senate; and, procedures established by the State
Party, which shall require a signed
4. The Democratic Governor, if applicable; pledge of support for a presidential
and, candidate. Such an alternative system
shall have a final deadline for
5. All former Democratic Presidents, all submitting a pledge of support after the
former Democratic Vice Presidents, all selection of all district-level delegates
former Democratic Leaders of the U.S. has been completed and must provide
Senate, all former Democratic Speakers an opportunity for disapproval by the
of the U.S. House of Representatives presidential candidate or the candidate’s
and Democratic Minority Leaders, as authorized representative.
applicable, and all former Chairs of the
Democratic National Committee.
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2020 Delegate Selection Rules for the Democratic National Convention

B. A state’s party leader and elected official For purposes of this rule, the entire
delegates may be chosen by a state delegation includes all automatic as well as
convention or by a committee consisting of all pledged delegates. Delegates and
a quorum of district-level delegates. They alternates shall each, as a group, be equally
may also be chosen by the State Party divided and, to the extent possible, each as a
Committee, as recognized by the group shall reflect the representation goals
Democratic National Committee, but only if established in the state’s Affirmative Action
the state’s Delegate Selection Plan is in full Plan and Outreach and Inclusion Program.
compliance with these rules, and provided:
B. A state’s at-large delegates and alternates
1. Membership on the State Party shall be selected by one of the bodies,
Committee is apportioned on the basis subject to the same conditions specified in
of population and/or some measure of Rule 10.B. above, provided, however, the
Democratic strength; State Party Committee may choose such
delegates and alternates only if the state’s
2. Members of the State Party Committee Delegate Selection Plan is in full compliance
have been elected through open with these rules.
processes in conformity with the basic
procedural guarantees utilized for C. At-large delegates and alternates (including
delegate selection; pledged party leader and elected official
delegates, which shall include those to be
3. Such delegates are elected at a public allocated to uncommitted status) in primary
meeting subsequent to the election of states shall be allocated according to the
district-level delegates; state-wide primary vote or, in states holding
no state-wide primary, according to the
4. Members of the State Party Committee division of preferences among convention
exercising such authority shall have and caucus participants. In non-primary
been elected no earlier than the calendar states which do not hold state conventions
year of the previous national authorized to elect delegates, at-large
convention; and delegates shall be apportioned according to
the division of preferences among district-
5. Membership of the State Party level delegates at the time of district-level
Committee complies with the equal selection. If a presidential candidate
division requirements of Article 9, entitled to an allocation under this rule is no
Section 16 of the Charter of the longer a candidate at the time at-large
Democratic Party of the United States. delegates are selected, his/her allocation
shall be proportionately divided among the
other preferences entitled to an allocation.
Rule 11
Selection of At-Large
Delegates Rule 12
Timing of the Delegate
A. The selection of at-large delegates shall be Selection Process
used, if necessary, to achieve the equal
division of positions between men and A. No meetings, caucuses, conventions or
women and the representation goals primaries which constitute the first
established in the State Party’s Affirmative determining stage in the presidential
Action Plan and Outreach and Inclusion nomination process (the date of the primary
Program. Such goals apply to the state’s in primary states, and the date of the first
entire delegation considered as a whole. tier caucus in caucus states) may be held

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2020 Delegate Selection Rules for the Democratic National Convention

prior to the first Tuesday in March or after pledged party leader and elected official
the second Tuesday in June in the calendar delegates shall comply with Rule 10.B.(3).
year of the national convention. Provided,
however, that the Iowa precinct caucuses C. All candidates considered for district-level
may be held no earlier than 29 days before alternate positions must meet the same
the first Tuesday in March; that the New requirements as candidates for district-level
Hampshire primary may be held no earlier delegate positions, except that the state may
than 21 days before the first Tuesday in allow candidates who were not chosen at
March; that the Nevada first-tier caucuses the delegate level to be considered at the
may be held no earlier than 10 days before alternate level.
the first Tuesday in March; and that the
South Carolina primary may be held no D. Prior to the selection of national convention
earlier than 3 days before the first Tuesday delegates and alternates, the State Party
in March. shall convey to the presidential candidate,
or that candidate’s authorized
B. All steps in the delegate selection process, representative(s), a list of all persons who
including the filing of presidential have filed for delegate or alternate positions
candidates, must take place within the pledged to that presidential candidate. All
calendar year of the Democratic National such delegate and alternate candidates shall
Convention (except as otherwise provided be considered bona fide supporters of the
in these rules or specifically allowed by the presidential candidate whom they have
DNC Rules and Bylaws Committee). pledged to support, unless the presidential
candidate, or that candidate’s authorized
representative(s), signifies otherwise in
Rule 13
writing to the State Party by a date certain
Presidential Preference as specified in the state’s Delegate Selection
Plan.
A. All candidates for delegate and alternate in
caucuses, conventions, committees and on 1. Presidential candidates shall certify in
primary ballots shall be identified as to writing to the Democratic State Chair
presidential preference or uncommitted the name(s) of their authorized
status at all levels of a process which representative(s) by a date certain.
determines presidential preference.
Candidates may state a preference for only 2. In states where delegates are voted
one presidential candidate, including upon on the ballot, the date by which
uncommitted at any time. In no case shall a the presidential candidate, or that
candidate for delegate or alternate indicate candidate’s authorized
more than one such presidential preference representative(s), signifies approval or
at each level. disapproval of the list of delegate and
alternate candidates in writing to the
B. All persons wishing to be elected to a State Party as required by Rule 13.D.,
district-level or at-large delegate position must allow sufficient time to ensure that
must file a statement of candidacy names removed from the list do not
designating the presidential or appear on the ballot.
uncommitted preference of the delegate
candidate and a signed pledge of support 3. Presidential candidates or their
for the presidential candidate (including authorized representatives shall not be
uncommitted status) the person favors, if required to exercise their right of
any, with the State Party by a date certain as candidate approval with respect to
specified in the state’s Delegate Selection pledged party leader and elected official
Plan. Persons wishing to be elected as
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2020 Delegate Selection Rules for the Democratic National Convention

(PLEO) delegate candidates until such selection plan, if the plan is approved by
time after the district-level delegates the Rules and Bylaws Committee, that
have been elected. presidential candidates may remove any
candidate for an at-large and party
4. Presidential candidates or their leader and elected official delegate or
authorized representatives shall not be alternate position from the list of bona
required to exercise their right of fide supporters as long as, at a
candidate approval with respect to at- minimum, two (2) names remain for
large delegate candidates until such every position to which the presidential
time after the pledged party leader and candidate is entitled.
elected official (PLEO) delegates have
been elected. F. State parties shall ensure that state Delegate
Selection Plans provide fair and adequate
E. National convention delegate and alternate time for persons to file for delegate or
candidates removed from the list of bona alternate positions, and for presidential
fide supporters by a presidential candidate, candidates, or their authorized
or that candidate’s authorized representative(s), to review the list of
representative(s), may not be elected as a persons who have filed, and to remove from
delegate or alternate at that level pledged to that list persons not confirmed by the
that presidential candidate. presidential candidate or his/her
representative(s) as bona fide supporters of
1. Presidential candidates may not remove the presidential candidate.
any candidate for a district-level
delegate or alternate position from the G. Except in states where individual delegates
list of bona fide supporters unless, at a and alternates are selected on the primary
minimum, three (3) names remain for ballot, district-level national convention
every such position to which the delegates and alternates pledged to a
presidential candidate is entitled. presidential candidate (including
Provided, however, that in states where uncommitted status) shall be selected or
individual district-level delegates and nominated by a caucus of persons from the
alternates are voted upon on a primary unit electing the delegates and alternates
ballot, the presidential candidate, or that who sign statements of support for that
candidate’s authorized presidential candidate. Uncommitted
representative(s), may approve a delegates and alternates shall be elected by
number of delegate candidates or the uncommitted caucus from the
alternate candidates equal to or greater appropriate unit.
than the number of delegates or
alternates allocated to the district. H. A district-level delegate and alternate
candidate may run for election only within
2. Presidential candidates, in consultation the district in which he or she is registered
with the State Party, may remove any to vote. For purposes of these rules, all
candidate for at-large and pledged party delegates and alternates at any level of the
leader and elected official delegate or delegate selection process must be bona fide
alternate position from the list of bona Democrats (which shall include being
fide supporters as long as, at a registered as a Democrat in states that
minimum, one (1) name remains for permit Democratic Party registration) who
every national convention delegate or have the interests, welfare and success of
alternate position to which the the Democratic Party of the United States at
presidential candidate is entitled, except heart, who subscribe to the substance, intent
that a state may provide in its delegate and principles of the Charter and the

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2020 Delegate Selection Rules for the Democratic National Convention

Bylaws of the Democratic Party of the Rule 14


United States, and who will participate in
Fair Reflection of Presidential
the Convention in good faith.
Preferences
I. No delegate at any level of the delegate
selection process shall be mandated by law A. Delegates shall be allocated in a fashion that
or Party rule to vote contrary to that fairly reflects the expressed presidential
person’s presidential choice as expressed at preference or uncommitted status of the
the time the delegate is elected. primary voters or, if there is no binding
primary, the convention and/or caucus
J. Delegates elected to the national convention participants.
pledged to a presidential candidate shall in
all good conscience reflect the sentiments of B. States shall allocate district-level delegates
those who elected them. and alternates in proportion to the
percentage of the primary or caucus vote
K. 1. Based on the right of the Democratic won in that district by each preference,
Party to freely assemble and to except that preferences falling below a
determine the criteria for its candidates, fifteen percent (15%) threshold shall not be
it is determined that all candidates for awarded any delegates. Subject to section F.
the Democratic nomination for of this rule, no state shall have a threshold
President or Vice President shall: above or below fifteen percent (15%). States
which use a caucus/convention system,
a. be registered to vote, and shall shall specify in their Delegate Selection
have been registered to vote in the Plans the caucus level at which such
last election for the office of percentages shall be determined.
President and Vice President; and
C. A presidential candidate or his/her
b. as determined by the National authorized representative(s) should act in
Chairperson of the Democratic good faith to slate delegate and alternate
National Committee, be a bona candidates, however, in any event, if a
fide Democrat whose record of presidential candidate (including
public service, accomplishment, uncommitted status) has qualified to receive
public writings, and/or public delegates and alternates but has failed to
statements affirmatively slate a sufficient number of delegate and
demonstrates that the candidate is alternate candidates, then additional
faithful to the interests, welfare, delegates and alternates for that preference
and success of the Democratic will be selected in a special post-primary
Party of the United States at heart, procedure. The State Party will administer
who subscribes to the substance, special post-primary procedures according
intent, and principles of the to rules approved by the DNC Rules and
Charter and the Bylaws of the Bylaws Committee and such procedures
Democratic Party of the United should be set forth in the state’s delegate
States, and who will participate in selection plan, where applicable.
the Convention in good faith.
D. District-level delegates and alternates shall
2. It is further determined that these be allocated according to the following
requirements are in addition to the procedures:
requirements set forth by the United
Step 1: Tabulate the percentage of the vote
States Constitution and any law of the
that each presidential preference
United States.
(including uncommitted status)
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2020 Delegate Selection Rules for the Democratic National Convention

receives in the congressional district considered detrimental. State Parties must


to three decimals. take steps to educate the public that a non-
binding presidential preference event is
Step 2: Retabulate the percentage of the meaningless, and State Parties and
vote to three decimals, received by presidential candidates should take all steps
each presidential preference possible not to participate.
excluding the votes of presidential
preferences whose percentage in 1. In a state that uses a caucus and/or
Step 1 falls below 15%. convention to determine presidential
preference of voters, the plan must
Step 3: Multiply the number of delegates to provide for the timely reporting of the
be allocated by the percentage election results to the State Party.
received by each presidential
preference.
Rule 15
Step 4: Delegates shall be allocated to each Petition Requirements and
presidential preference based on the Filing Deadlines
whole numbers which result from
the multiplication in Step 3. A. If a state requires the filing of petitions with
the signatures of registered/enrolled voters
Step 5: Remaining delegates, if any, shall be
as the sole method to place a presidential
awarded in order of the highest
candidate’s name on the primary ballot in
fractional remainders in Step 3.
connection with the Democratic presidential
nominating process, such number of valid
E. At-large and pledged party leader and
signatures shall not exceed 5,000.
elected official delegate and alternate
positions shall be allocated to presidential
B. No fee in excess of $2,500 may be charged
preferences by reference to primary or
(either to a presidential campaign or State
convention votes or to the division of
Party) as the sole method to place a
preference among district-level delegates or
presidential candidate on the ballot in
alternates, as the case may be, as specified in
connection with the Democratic presidential
Rule 11.C., except that a preference falling
nominating process. If state law requires
below a threshold of fifteen percent (15%)
such a fee in excess of $2,500, such law was
shall not be awarded any delegates or
in place prior to 2018, and a State Party has
alternates at this level. Such delegates and
taken provable, positive steps to change
alternates in primary states shall be
such law, then a State Party may seek a
allocated to presidential preference
waiver of this provision to charge such a fee
(including uncommitted status) according
to presidential campaigns.
to the statewide primary vote.

F. In all situations where no preference reaches C. If a state requires the filing of a petition with
the applicable threshold, the threshold shall the signatures of registered/enrolled voters
be half the percentage of the vote received in order to have a delegate/alternate
at each level of the delegate selection candidate gain access to the primary ballot
process by the front-runner. in connection with the Democratic
presidential nominating process, the
G. For the purpose of fairly reflecting the number of valid signatures shall not exceed
division of preferences, the non-binding either one half of one percent (.5%) of the
advisory presidential preference portion of registered/enrolled Democrats in such
primaries shall not be considered a step in district or one half of one percent (.5%) of
the delegate selection process and is the total votes in such district for all

Page | 16
2020 Delegate Selection Rules for the Democratic National Convention

Democratic presidential candidates before the date when the delegate or


(including uncommitted) during the alternate is to be selected or voted upon.
immediately preceding presidential
nominating process, whichever is lower, but H. No state’s delegate selection rules may
in no event shall the number of valid require the filing of district-level delegate or
signatures required exceed 500. alternate candidates pledged to a
presidential candidate or uncommitted
D. Subject to the prior sections of this rule, the status as a condition of access by a
number of valid signatures required of a presidential candidate to the primary ballot
presidential candidate to file a petition to for voting upon presidential preference.
gain access to the primary ballot, and the
number of valid signatures required of a Rule 16
delegate/alternate candidate to gain access
to the primary ballot, and the fees required
Quorum Requirements
to be paid to the state by a presidential
candidate and by a delegate/alternate No less than forty percent (40%) of the members
candidate to gain access to the primary of any Party body above the first level of the
ballot, in connection with the Democratic delegate selection process shall constitute a
presidential nominating process, shall not quorum for any business pertaining to the
exceed those in effect in the particular state selection of convention delegates.
as of January 1, 1994.
Rule 17
E. No deadline for the filing of petitions for Proxy Voting
participation in the presidential nomination
process by a presidential candidate shall be To insure full participation in the delegate
less than 30 days in advance of the primary selection process, State Party rules may, at their
or caucus nor more than 75 days in advance discretion, provide for proxy voting. Such rules
of the primary or caucus. shall allow an accredited participant in a
caucus, convention or committee meeting, after
F. No candidate for delegate or alternate shall having established credentials, to register the
be required to file a statement of candidacy non-transferable proxy with another duly
or a pledge of support as required by Rule accredited participant at that meeting (except
13.B. prior to 30 days before such delegate where an accredited alternate is present and
or alternate candidate is to be selected or eligible to serve as a replacement). Unless
elected in a primary, caucus or pre-primary otherwise specified, a proxy shall be deemed to
caucus; provided, however, that in states be general and uninstructed. No such rule shall
holding a presidential primary where allow a person to hold more than one (1) proxy
individual district-level delegates or at a time.
alternates are to be voted upon on the ballot,
no candidate for delegate or alternate shall
be required to submit or file a statement of Rule 18
candidacy or a pledge of support prior to 90 Unit Rule and Slate-Making
days before the date on which they are to be
voted upon. A. The unit rule, or any rule or practice
whereby all members of a Party unit or
G. No candidate for at-large or pledged party delegation may be required to cast their
leader and elected official delegate or votes in accordance with the will of a
alternate shall be required to file a statement majority of the body, shall not be used at
of candidacy or a pledge of support any stage of the delegate selection process.
required by Rule 13.B. prior to 30 days

Page | 17
2020 Delegate Selection Rules for the Democratic National Convention

B. Any individual or group of Democrats may b. The delegation chooses the


sponsor or endorse a slate of candidates for alternate;
convention delegates. But no slate may, by
virtue of such endorsement, receive a c. The alternate who receives the
preferential place on a delegate selection highest number of votes; or
ballot or be publicly identified on the ballot
as the official Democratic Party organization d. Such other process as protects the
slate, and all slates must meet identical interests of presidential
qualifying requirements for appearing on a candidates, delegates and
ballot at all levels of the delegate selection alternates.
process.
2. If a delegate or alternate candidate who
has been elected but not yet certified to
Rule 19 the Secretary of the DNC resigns, dies or
Alternates and Vacancies is no longer eligible to serve, the
delegate-elect or alternate-elect shall be
A. Alternate delegates shall be selected by replaced, after consultation with the
primary, convention or committee processes State Party, by the authorized
subject to the same National Party Rules representative of the presidential
applicable to the selection of delegates, candidate to whom the delegate or
except that the provisions of Rule 9.A. shall alternate was pledged.
not apply to the election of alternates. Each
State Democratic Chair shall certify all 3. A permanent replacement occurs when
alternates in writing to the Secretary of the a delegate resigns, dies or is no longer
DNC. eligible to serve prior to or during the
National Convention and the alternate
B. If a given presidential preference is entitled replaces the delegate for the remainder
to one or more delegate positions in a state of the National Convention. Any
but would not otherwise be entitled to an alternate who permanently replaces a
alternate position, that preference shall be delegate shall be certified in writing to
allotted one at-large alternate position. the Secretary of the DNC by the State
Democratic Chair. He/She shall be of
C. The proportions of alternates elected at the the same presidential preference
district level, and at-large, and as pledged (including uncommitted status) and sex
party leader and elected official alternates, of the delegate he/she replaces, and to
may be the same as the proportions of the extent possible shall be from the
delegates elected in those categories. same political subdivision within the
state as the delegate; except in the case
D. Each state Delegate Selection Plan shall where the presidential candidate has
specifically provide how and under what only one alternate, in which case, that
conditions an alternate is to replace or act in alternate shall become the certified
lieu of (collectively referred to as “replace” delegate.
or “replaces”) a delegate.
4. A temporary replacement occurs when
1. Delegate Selection Plans may specify a delegate is to be absent for a limited
one or any combination of the following period of time during the convention
alternatives for permanent and and an alternate temporarily acts in the
temporary replacements: delegate’s place. Any alternate who
temporarily replaces a delegate must be
a. The delegate chooses the alternate; of the same presidential preference
(including uncommitted status) as the
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2020 Delegate Selection Rules for the Democratic National Convention

delegate he/she replaces, and to the Outreach and Inclusion Program and
extent possible shall be of the same sex delegate selection implementation; and
and from the same political subdivision
within the state as the delegate. 3. hear and recommend solutions to
resolve complaints regarding Delegate
E. A vacant alternate position shall be filled by Selection Plans, including Affirmative
the delegation. The replacement shall be of Action Plans and Inclusion Programs,
the same presidential preference (or unresolved by appropriate state party
uncommitted status), of the same sex and, to bodies.
the extent possible, from the same political
subdivision as the alternate being replaced. E. The DNC Rules and Bylaws Committee
Each replacement of a vacant alternate shall retain jurisdiction over the approval of
position shall be certified in writing to the amendments to state Delegate Selection
Secretary of the DNC by the State Plans and state delegation compliance with
Democratic Chair. equal division requirements, even after the
Convention Credentials Committee assumes
jurisdiction over challenges to the
Rule 20
credentials of delegates.
DNC Rules and Bylaws
Committee F. No later than December 21, 2018, the DNC
Rules and Bylaws Committee shall send to
A. The DNC Rules and Bylaws Committee will state parties its regulations adopted
assist in the administration and enforce pursuant to these rules and a checklist.
affirmative action, inclusion and delegate
selection requirements for the national and G. The DNC shall allocate sufficient financial
state Democratic parties. resources and staff to implement this rule.

B. The DNC Rules and Bylaws Committee


Rule 21
shall implement the Delegate Selection
Rules in a manner consistent with these Challenges
rules.
A. Jurisdictional Challenges. Any challenges
C. The DNC Rules and Bylaws Committee will to a State Party organization in respect to its
provide State Parties with a model Delegate status as the body entitled to sponsor a
Selection Plan and an Affirmative Action delegation from that state must be
Plan and Outreach and Inclusion Program. presented to the DNC at any time up to
thirty (30) days prior to the initiation of the
D. The DNC Rules and Bylaws Committee state’s delegate selection process. Such a
shall: challenge must be brought by at least fifteen
(15) Democrats from the state.
1. review Affirmative Action Plans,
Outreach and Inclusion Programs and B. Submission, Non-Implementation and
Delegate Selection Plans submitted by Violation Challenges. Failure to submit or
State Parties and approve or implement an approved Affirmative Action
recommend changes in such plans; Program and Outreach and Inclusion
Program by the deadline specified in these
2. conduct periodic evaluations and rules shall constitute grounds for a
provide technical assistance to state challenge with the burden of proof on the
parties on Affirmative Action Plan, challenged party.

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2020 Delegate Selection Rules for the Democratic National Convention

1. At any time up to thirty (30) days prior Party provides or permits a meeting,
to the initiation of the state’s delegate caucus, convention or primary
selection process, any group of not less which constitutes the first
than fifteen (15) Democrats in that state determining stage in the
can challenge the Affirmative Action presidential nominating process to
Plan and Outreach and Inclusion be held prior to or after the dates for
Program on the basis of non- the state as provided in Rule 12 of
implementation of a specific these rules, or in the event a state
requirement of a state plan, which holds such a meeting, caucus,
challenge shall include reasonable convention or primary prior to or
documentation of alleged violations. (In after such dates, the number of
such challenges, the challenging party pledged delegates elected in each
shall have the burden of proof, but the category allocated to the state
challenged party shall present its case pursuant to the Call for the National
first.) Convention shall be reduced by fifty
(50%) percent, and the number of
a. In the absence of any such alternates shall also be reduced by
challenge, the implementation of fifty (50%) percent. In addition,
any such program shall be none of the members of the
presumptively in compliance. Democratic National Committee
and no other automatic delegate
b. If challenged and upheld, the allocated pursuant to Rule 9.A. from
compliance of such that state shall be permitted to vote
implementation programs shall be as members of the state’s delegation.
conclusive but not as to In determining the actual number of
compliance or non-compliance delegates or alternates by which the
that may occur after the date of state’s delegation is to be reduced,
the challenge. any fraction below .5 shall be
rounded down to the nearest whole
2. Challenges regarding alleged violation number, and any fraction of .5 or
of an approved Delegate Selection Plan greater shall be rounded up to the
shall first be brought to the appropriate next nearest whole number.
state Democratic Party body for a
decision to be rendered within twenty- b. A presidential candidate who
one (21) days. After due notice, any campaigns in a state where the State
aggrieved party shall have the right to Party is in violation of the timing
appeal to the DNC Rules and Bylaws provisions of these rules, or where a
Committee within ten (10) days primary or caucus is set by a state’s
following the decision of the state body government on a date that violates
according to procedures established by the timing provisions of these rules,
DNC Rules and Bylaws Committee. may not receive pledged delegates
or delegate votes from that state.
3. The DNC Rules and Bylaws Committee Candidates may, however,
shall either certify compliance, certify campaign in such a state after the
non-compliance or require corrective primary or caucus that violates these
action after which compliance or non- rules. “Campaigning” for purposes
compliance shall be certified. of this section includes, but is not
limited to, purchasing print,
C. 1. a. Violation of timing: In the event the internet, or electronic advertising
Delegate Selection Plan of a State that reaches a significant percentage

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2020 Delegate Selection Rules for the Democratic National Convention

of the voters in the aforementioned 4. Upon a determination of the DNC Rules


state; hiring campaign workers; and Bylaws Committee that a state is in
opening an office; making public violation as set forth in subsections (1),
appearances; holding news (2) or (3) of section C. of this rule, the
conferences; coordinating volunteer reductions required under those
activities; sending mail, other than subsections shall become effective
fundraising requests that are also automatically and immediately and
sent to potential donors in other without further action of the DNC Rules
states; using paid or volunteer and Bylaws Committee, the Executive
phoners or automated calls to Committee of the DNC, the DNC or the
contact voters; sending emails or Credentials Committee of the
establishing a website specific to Democratic National Convention.
that state; holding events to which
Democratic voters are invited; 5. Nothing in the preceding subsections of
attending events sponsored by state this rule shall be construed to prevent
or local Democratic organizations; the DNC Rules and Bylaws Committee
or paying for campaign materials to from imposing additional sanctions,
be used in such a state. The Rules including, without limitation, those
and Bylaws Committee will specified in subsection (6) of this section
determine whether candidate C., against a State Party and against the
activities are covered by this section. delegation from the state which is
subject to the provisions of any of
2. Violation of proportional representation: subsections (1) through (3) of this
In the event the Delegate Selection Plan section C., including, without limitation,
of a State Party provides or permits the establishing a committee to propose and
pledged delegates or alternates to be implement a process which will result in
allocated to a presidential preference the selection of a delegation from the
(including uncommitted status) other affected state which shall (i) be broadly
than as provided under Rule 14 of these representative, (ii) reflect the state’s
rules, or in the event a State Party, in division of presidential preference and
fact, allocates its pledged delegates or uncommitted status and (iii) involve as
alternates to a presidential preference broad participation as is practicable
(including uncommitted status) other under the circumstances.
than as provided under Rule 14 of these
rules, the delegation of the state shall be 6. Nothing in these rules shall prevent the
reduced by the same amount and as DNC Rules and Bylaws Committee
provided in section C.(1) of this rule. from imposing sanctions the Committee
deems appropriate with respect to a
3. Violation of the threshold: In the event state which the Committee determines
the Delegate Selection Plan of a State has failed or refused to comply with
Party provides or permits a threshold these rules, where the failure or refusal
other than 15% as set forth in Rule 14 of of the State Party is not subject to
these rules, or in the event a State Party subsections (1), (2) or (3) of this section
in fact permits the implementation of a C. Possible sanctions include, but are
threshold other than 15% as provided in not limited to: reduction of the state’s
Rule 14 of these rules, the delegation of delegation; pursuant to Rule 22.C.,
the state shall be reduced by the same recommending the establishment of a
amount and as provided in section C.(1) committee to propose and implement a
of this rule. process which will result in the selection
of a delegation from the affected state

Page | 21
2020 Delegate Selection Rules for the Democratic National Convention

which shall (i) be broadly provisions of these rules and that it and
representative, (ii) reflect the state’s the other relevant Democratic party
division of presidential preference and leaders and elected officials took all
uncommitted status and (iii) involve as provable, positive steps and acted in
broad participation as is practicable good faith in attempting to prevent the
under the circumstances; reducing, in legislative changes which resulted in
part or in whole, the number of the state law that fails to comply with the
state’s members to the Standing pertinent provisions of these rules.
Committees; reducing, in part or in
whole, the number of guests, VIP and 8. A State Party may provide in its
other passes/tickets to the National Delegate Selection Plan the specific
Convention and related functions; method and procedures by which it will
assignment of location of the state’s reduce its delegation pursuant to this
delegates and alternates in the Rule 21 in the event the State Party or
Convention hall; and assignment of the delegation becomes subject to this Rule
state’s housing and other convention 21 by which categories of delegates
related facilities. must be reduced by 50%, which specific
method and procedures shall be subject
7. In the event a state shall become subject to the review and approval of the DNC
to subsections (1), (2) or (3) of section C. Rules and Bylaws Committee. In the
of this rule as a result of state law but event a state’s Delegate Selection Plan
the DNC Rules and Bylaws Committee, does not provide for the specific method
after an investigation, including and procedures referred to in the
hearings if necessary, determines the immediately preceding sentence, or in
State Party and the other relevant the event the state’s Delegate Selection
Democratic party leaders and elected Plan is either not approved by the DNC
officials took all provable, positive steps Rules and Bylaws Committee or the
and acted in good faith to achieve specific method and procedures referred
legislative changes to bring the state law to in the first sentence of this subsection
into compliance with the pertinent (8) are not approved by the DNC Rules
provisions of these rules and determines and Bylaws Committee, or in the event a
that the State Party and the other state’s Delegate Selection Plan specifies
relevant Democratic party leaders and the method and procedures which have
elected officials took all provable, been approved by the DNC Rules and
positive steps and acted in good faith in Bylaws Committee, but the State Party
attempting to prevent legislative fails or refuses to implement those
changes which resulted in state law that specific method and procedures, and in
fails to comply with the pertinent the event the state’s delegation is
provisions of these rules, the DNC Rules required to be reduced pursuant to this
and Bylaws Committee shall determine Rule 21, then the DNC Rules and
that all or a portion of the state’s Bylaws Committee shall, by lottery, or
delegation shall not be reduced. The other appropriate method determined
State Party shall have the burden of by the DNC Rules and Bylaws
proving by clear and convincing Committee, determine which delegates
evidence that it and the other relevant and alternates shall not be a part of the
Democratic party leaders and elected state’s delegation in order to achieve the
officials took all provable, positive steps reduction of the state’s delegation
and acted in good faith to achieve pursuant to this Rule 21. Any reduction
legislative changes to bring the state law of delegates under this provision shall
into compliance with the pertinent be accomplished in a manner which

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2020 Delegate Selection Rules for the Democratic National Convention

complies with the requirement of


proportional representation as provided C. A State Party may be required by a vote of
for in Rule 14. the DNC Executive Committee upon a
recommendation of the DNC Rules and
9. Except as provided by subsection (7) of Bylaws Committee to adopt and implement
this section C., the fact that a State Party an alternative Party-run delegate selection
took provable, positive steps as system which does not conflict with these
provided in Rule 22 of these rules shall rules, regardless of any provable positive
not preclude the state’s delegation from steps the state may have taken.
being subject to the sanctions set forth in
subsections (1), (2), (3), (4) and (5) of this
section C.

D. Unresolved Challenges and Report to the


Credentials Committee. The DNC Rules and
Bylaws Committee shall report its activities,
together with all challenges and complaints,
to the Credentials Committee of the
Democratic National Convention. In cases
involving unresolved challenges which are
appealed to the Credentials Committee, the
burden of proof shall rest with the party
presenting the challenge.

Rule 22
State Legislative Changes

A. Subject to Rule 21.C. of these Rules,


wherever any part of any section contained
in these rules conflicts with existing state
laws, the State Party shall 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, but not be
limited to: the drafting of corrective
legislation; public endorsement by the State
Party and the other relevant Democratic
party leaders and elected officials 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;
encouraging consideration of the legislation
by the appropriate legislative committees
and bodies.

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