[EL] Rumors on replacing Trump (redux)

Sat Oct 8 04:24:47 PDT 2016

I agree with David that Rule 9 clearly does not authorize the RNC to remove 
 Trump.  It only authorizes the RNC to fill a vacancy if it occurs, ie for  
instance, if he steps down. The applicable part is:

The Republican National Committee is hereby authorized and empowered to  
fill any and all vacancies which may occur by reason of death, declination, or 
 otherwise of the Republican candidate for President . . .

This sentence only empowers the RNC to fill vacancies, not create  them.  
The phrase that some are pointing to is "vacancies which may  occur by reason 
of death, declination, or otherwise". "Otherwise" here  refers to how 
vacancies may occur, ie "by reason of death, declination, or  otherwise". For 
instance, a vacancy could occur by disqualification of the  candidate by 
election officials or a court, because the candidate does not meet  the legal 
qualifications to be a candidate. There may be other reasons that a  vacancy 
could occur.

The power to create a vacancy is a separate and independent power from the  
power to fill vacancies and that power would have to be conferred  on the 
RNC by a specific rule, which does not exist.

Jim Bopp

In a message dated 10/7/2016 10:04:20 P.M. Eastern Daylight Time,  
dschultz at hamline.edu writes:

In light of Trump’s recent comments about women and questions about  
whether he can be replaced, consider first the rule 9 THE REPUBLICAN NATIONAL  
COMMITTEE which is posted below.

The simple answer is no simple answer regarding what happens if Trump  were 
to be replaced on the ticket. The RNC executive committee has the  
authority to replace Trump if he steps down or is otherwise incapacitated. A  coup 
does not seem possible and it does not appear that he can simply be  replaced 
by the will of the RNC.    But assume Trump is replaced.  The second issue 
is what to do with the ballots. In some states the law would  allow for a 
substitution while in others the law is more complicated and we  might a 
reprise of the Minnesota Wellstone death 11 days before the election  (of which I 
know way too much about). We also have, as with Wellstone, the  issue of 
already cast ballots and rights under state and federal law that may  force a 
right to recast ballots. There are a lot of complicated practical as  well 
as federal and state statutory and constitutional issues at play here and  
there is no one simply answer that applies to all 50 states.

RULE NO. 9
Filling Vacancies in Nominations
(a) The Republican National Committee is hereby authorized and empowered  
to fill any and allvacancies which may occur by reason of death, declination, 
 or otherwise of the Republican candidate for President of the United 
States or  the Republican candidate for Vice President of the United States, as 
nominated  by the national convention, or the Republican National Committee 
may reconvene  the national convention for the purpose of filling any such 
vacancies.

-- 

David Schultz, Professor
Editor, Journal of Public Affairs Education  (JPAE)
Hamline University
Department of Political Science

1536  Hewitt Ave
MS B 1805
St. Paul, Minnesota 55104
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Twitter:   @ProfDSchultz
My latest book:  Presidential Swing States:  Why  Only Ten Matter
https://rowman.com/ISBN/9780739195246/Presidential-Swing-States-Why-Only-Ten
-Matter
FacultyRow  SuperProfessor, 2012, 2013,  2014

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