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DELEGATE

SELECTION
RULES
For the 2020 Democratic National Convention

Tom Perez, Chair

Adopted by the Democratic National Committee August 25, 2018
TABLE OF CONTENTS
Rule Number
1. Publication and Submission of State Party Rules .........................................................................1

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

3. Scheduling of Delegate Selection Meetings ...................................................................................5

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

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

6. Affirmative Action ............................................................................................................................7

7. Outreach and Inclusion Programs ..................................................................................................9

8. National Convention Delegate Apportionment ...........................................................................9

9. Automatic Party Leaders and Elected Official Delegates..........................................................10

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

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

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

13. Presidential Preference ...................................................................................................................12

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

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

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

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

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

19. Alternates and Vacancies ...............................................................................................................17

20. DNC Rules and Bylaws Committee .............................................................................................18

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

22. State Legislative Changes ...............................................................................................................22
DELEGATE SELECTION RULES
For the 2020 Democratic National Convention
Rule 1 alternate candidates and for presidential
candidates;
Publication and Submission of
State Party Rules 9. Procedures for ascertaining
delegate/alternate preference at all
A. State parties shall adopt a Delegate Selection stages;
Plan, including an Affirmative Action Plan
and Outreach and Inclusion Program (as 10. Procedures for presidential candidate
defined in Rules 6 and 7) which contain right of approval;
explicit rules and procedures governing all
aspects of the delegate selection process. 11. Method of awarding delegates and
These rules shall include, but are not limited alternates to presidential candidates;
to:
12. Methods and timetable for the selection
1. Procedures for electing and certifying of standing committee members;
delegates and alternates at all levels;
13. Procedures for challenges of the delegate
2. Timing of primary/caucuses/ selection, affirmative action, and
conventions; outreach and inclusion processes;

3. Procedures providing for equal division 14. Methods and timetable for the selection
in each state’s convention delegation; of convention pages; and

4. Procedures providing for the selection 15. Other appropriate provisions from these
of the chair of the delegation; Rules, the Call, and the Regulations.

5. Particulars concerning the scheduling of B. The following items are to be routinely
delegate selection meetings including included at an appropriate place in each
methods by which each meeting or state Delegate Selection Plan:
event will be publicized;
1. Eligibility requirements for participation
6. Affirmative Action Plans and Outreach in the delegate selection process in
and Inclusion Programs which include conformance with Rule 2 [Rule 2.A.];
affirmative action and inclusion
obligations of presidential candidates; 2. Prohibition of cost and fees [Rule 2.D.];

7. All filing and petition requirements, 3. Prohibition of participation by those
including filing fees, if applicable, and participating in another party’s process
corresponding deadlines prescribed by [Rule 2.E.];
state law for delegate and alternate
candidates and for presidential 4. One-meeting limitation for first-stage
candidates; participants [Rule 3.E.];

8. All filing and petition requirements, 5. “Six basic elements” of an open party
including filing fees, if applicable, and [Rule 4];
corresponding deadlines prescribed by
State Party rules for delegate and 6. Non-discrimination principles [Rule 5];

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2020 Delegate Selection Rules for the Democratic National Convention

7. Requirement that all steps take place F. Implementation of state Affirmative Action
within calendar year of convention Plans and Outreach and Inclusion Programs
[Rule 12.B.]; shall begin no later than September 13, 2019,
or four months before the respective state’s
8. Required identification of preference of first determining step, whichever is earlier.
candidates for delegate and alternate
[Rule 13.A.]; G. State Delegate Selection Plans shall specify
the methods and timetable to be followed in
9. Protection against coerced vote [Rule selecting members of standing committees
13.I.]; of the national convention. These
procedures shall be in conformity with the
10. Quorum requirements [Rule 16]; rules to be contained in the Call for the 2020
Convention.
11. Proxy voting rules, if any [Rule 17];
H. The Democratic National Committee
12. Unit rule prohibition [Rule 18.A.]; (“DNC”) and the state parties shall publish
and make available at no cost their rules, the
13. Slate making limitations [Rule 18.B.]; 2020 National Delegate Selection Rules, and
and a clear and concise explanation of how
Democratic voters can participate in the
14. Succession of alternates to delegate delegate selection process. The DNC shall
status and filling of vacancies in prepare and provide at no cost to state
delegate positions [Rule 19]. parties a clear and concise explanation of
the 2020 Delegate Selection Rules. This shall
C. Each State Party shall provide for a thirty be done no later than October 1 of the
(30) day1 period of public comment to solicit calendar year immediately preceding the
opinion on the State’s Delegate Selection calendar year of the national convention.
Plan, Affirmative Action Plan and Outreach
and Inclusion Program prior to adoption.
All written public comments submitted to
Rule 2
the state Democratic Committee shall be Participation
submitted along with the plans to the Rules
and Bylaws Committee of the Democratic A. Participation in the delegate selection
National Committee (“DNC Rules and process shall be open to all voters who wish
Bylaws Committee”). to participate as Democrats.

D. State Delegate Selection Plans, including 1. Democratic voters shall be those persons
Affirmative Action Plans and Outreach and who publicly declare their Party
Inclusion Programs, shall be submitted to preference and have that preference
the DNC Rules and Bylaws Committee for publicly recorded.
approval on or before May 3, 2019.
2. Implementation of this administrative
E. The DNC Rules and Bylaws Committee matter shall be delegated to the DNC
shall act on the proposed plans as soon as Rules and Bylaws Committee.
practicable, but in no case later than
September 13, 2019, or four months before B. Nothing in these rules shall be interpreted
the respective State’s first determining step, to encourage or permit states with party
whichever is earlier. Its decision shall be registration and enrollment, or states that
final and binding. limit participation to Democrats only, to

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

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

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2020 Delegate Selection Rules for the Democratic National Convention

2. Implement transparent and accurate sufficient number of voting
voter registration list maintenance machines;
procedures that comply with federal
requirements and ensure that every c. Speed up the voting process and
eligible voter stays on the rolls; minimize long lines;

3. Promote the acquisition, maintenance, d. Eliminate onerous and
and regular replacement of precinct discriminatory voter identification
based optical scan voting systems; requirements;

4. Ensure that any direct recording e. Count and include in the final total
electronic systems in place have a voter ballots from voters who are
verified paper record; eligible to vote but cast their ballot
in the wrong precinct, for offices
5. Implement risk limiting post-election for which they are eligible to vote;
audits such as manual audits comparing and
paper records to electronic records;
f. Facilitate military and overseas
6. Ensure that all voting systems have voting.
recognized security measures; and
2. As part of encouraging participation in
7. Use accessible and secure voting the delegate selection process by
machines that make it possible for registered voters, state parties are
individuals with disabilities to vote encouraged to support efforts to make
securely and privately. voter registration easier including:

I. Each State Party shall include in its Delegate a. Voter registration modernization,
Selection Plan a description of steps taken or including online voter registration
to be taken to assess and improve and automatic and same-day
participation with respect to presidential registration;
preference and delegate selection contests
and procedures. b. Pre-registration of high school
students so that they are already
1. Such steps shall include establishment, registered once they reach voting
with DNC assistance, of year-round age;
voter protection programs. As part of
such programs, state parties are c. Restoration of voting rights to all
encouraged to support educational, people who have served the time
administrative, legislative, and litigation for their criminal conviction,
based efforts to protect and expand the without requiring the payment of
vote and advance election fairness and court fees or fines; and
security. Such efforts may include the
goals set forth below. d. Allow same-day or automatic
registration for the Democratic
a. Expand access to voting, including presidential nominating process.
by early voting, no excuse
absentee, same-day voter J. When employing government-run voting
registration, and voting by mail; systems, it is important for State Parties to
resist attempts at voter suppression,
b. Ensure that voting locations are disenfranchisement, and ensure an open
accessible, fairly placed, and and inclusive process. These efforts include
adequate in number, and have a revising State Party rules and encouraging

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2020 Delegate Selection Rules for the Democratic National Convention

administrative rules, legislation, or prompt and accurate recount or
considering litigation to: recanvas;

1. Allow same-day party switching for the 7. Providing a standard and procedure by
Democratic presidential nominating which a presidential candidate may
process or to achieve state laws that request a recount or recanvas that is
allow voters to switch parties at least as paid for by the candidate and carried
late as the deadline for registering to out in a timely manner;
vote.
8. Creating mechanisms that allow voters
K. While parties are encouraged to use who are unable to be a part of the
government-run primaries, in states where process in person to participate. This
the State Party chooses to hold a Party-run can include, but is not limited to those
process to establish presidential preference, serving in the military, those with a
the State Party’s Delegate Selection Plan disability or illness preventing
shall prevent attempts at voter suppression, participation, those who are not able to
disenfranchisement, and ensure an open take time off from work or obtain child
and inclusive process. Further, the Rules care, and other reasons; and
and Bylaws Committee shall determine
whether the State Party’s Delegate Selection 9. Taking appropriate steps to ensure
Plan meets the requirements specified in voters in party-run processes, like those
this section, including: in primary states, have a right to
participate in the process. These steps
1. Incorporating mechanisms with could include any required rules
reasonable safeguards against error and changes and the proper education and
fraud to vote absentee or vote early; outreach to ensure accessibility,
including specifically for people with
2. Demonstrating that the State Party has disabilities and for people with limited
the financial and technical ability to English proficiency in accordance with
successfully run the process; the Americans With Disabilities Act and
Sections 203 and 208 of the Voting
3. Implementing same-day voter Rights Act.
registration and party-affiliation
changes at the voting location; Rule 3
4. Creating a process for publicly reporting Scheduling of Delegate Selection
the total statewide and district level Meetings
results for each candidate based on the
first expression of preference by the A. All official Party meetings and events
participants at the first determining related to the national convention delegate
step, as determined in the State's Plan; selection process, including caucuses,
conventions, committee meetings, filing
5. Requiring that the allocation of all dates, and Party enrollment periods, shall
national delegates, be locked in at the be scheduled for dates, times and publicly
final expression of preference at the first accessible places which would be most
determining step, as determined by the likely to encourage the participation of all
State's Plan, subject to recount; Democrats, and must begin and end at
reasonable hours. It shall be the
6. Ensuring final expressions of preference responsibility of the State Party to select the
as part of the presidential nominating dates, times and to locate and confirm the
process are securely preserved, in a availability of publicly accessible facilities
method to be specified in the State's for all official party meetings and events
Plan, that ensures the availability of a

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2020 Delegate Selection Rules for the Democratic National Convention

related to the national convention delegate Convention resolution for inclusion in the
selection process. Call for the 1972 Convention. In 1966, the
Special Equal Rights Committee, which had
B. All such meetings or events which are the been created in 1964, adopted six anti-
first meeting or event in the delegate discrimination standards — designated as
selection process shall be scheduled at times the Six Basic Elements. As our Party strives
and dates which are uniform throughout to progress in the fight against
the state, except where it is established by discrimination of all kinds, these Six Basic
the State Party and approved by the DNC Elements have evolved and grown along
Rules and Bylaws Committee that such with the constant push for more inclusion
uniform times and dates would significantly and empowerment. These working
reduce participation in the delegate principles, as updated, are as follows:
selection process.
1. All public meetings at all levels of the
C. The times, dates, places, and rules for the Democratic Party in each state should be
conduct of all caucuses, conventions, open to all members of the Democratic
meetings and other events involved in the Party regardless of race, sex, age, color,
delegate selection process shall be creed, national origin, religion, ethnic
effectively publicized by the Party identity, sexual orientation, gender
organization, official, candidate or member identity and expression, economic status
calling the same. or disability (hereinafter collectively
referred to as “status”).
D. Concise statements in advance of all
meetings and events concerning the 2. No test for membership in, nor any
relationship between the business to be oaths of loyalty to, the Democratic Party
conducted and the delegate selection in any state should be required or used
process shall be effectively publicized by the which has the effect of requiring
Party organization, official, candidate or prospective or current members of the
member calling the same. Democratic Party to acquiesce in,
condone or support discrimination
E. No person shall participate in more than based on “status.”
one meeting which is the first determinative
step in the delegate selection process. 3. The time and place for all public
meetings of the Democratic Party on all
Rule 4 levels should be publicized fully and in
such manner as to assure timely notice
An Open Party to all interested persons. Such meetings
must be held in places accessible to all
A. The Democratic National Committee Party members and large enough to
reaffirms its commitment to the 1964 accommodate all interested persons.
resolution, and requires the national and
state parties to incorporate the Six Basic 4. The Democratic Party, on all levels,
Elements, as updated, into their Party rules should support the broadest possible
and to take appropriate steps to secure their registration without discrimination
implementation. based on “status.”

B. The 1964 Democratic National Convention 5. The Democratic Party in each state
adopted a resolution which conditioned the should publicize fully and in such a
seating of delegates at future conventions manner as to assure notice to all
on the assurances that discrimination in any interested parties a full description of
State Party affairs on the ground of race, the legal and practical procedures for
color, creed or national origin did not occur. selection of Democratic Party officers
The 1968 Convention adopted the 1964 and representatives on all levels.

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2020 Delegate Selection Rules for the Democratic National Convention

Publication of these procedures should B. Discrimination on the basis of “status” in
be done in such fashion that all the conduct of Democratic Party affairs is
prospective and current members of prohibited.
each State Democratic Party will be fully
and adequately informed of the C. In order to continue the Democratic Party’s
pertinent procedures in time to ongoing efforts to include groups
participate in each selection procedure historically under-represented in the
at all levels of the Democratic Party Democratic Party’s affairs, by virtue of race,
organization. Each State Party sex, age, color, creed, national origin,
should develop a strategy to provide religion, ethnic identity, sexual orientation,
education programs directly to voters gender identity and expression, economic
who continue to experience confusing status or disability, each State Party shall
timelines for registration, changing develop and submit Party outreach
party affiliation deadlines, or lack of programs, including recruitment, education
awareness of the process for running for and training, in order to achieve full
delegate, to ensure all Democratic voters participation by such groups and diversity
understand the rules and timelines and in the delegate selection process and at all
their impact on voter participation. levels of Party affairs.

6. The Democratic Party in each state Rule 6
should publicize fully and in such a
manner as to assure notice to all Affirmative Action
interested parties a complete description
of the legal and practical qualifications A. The promises of a democratically elected
of all positions as officers and government and the right to vote have not
representatives of the state Democratic always been extended equally to all
Party. Such publication should be done Americans. Historically, certain groups of
in timely fashion so that all prospective Americans have been explicitly denied the
candidates or applicants for any elected right to vote or have been subjected to
or appointed position within each State discriminatory and exclusionary practices
Democratic Party will have full and with the intended effect of denying them
adequate opportunity to compete for voting rights. In recognition of this past
office. history of discriminatory denial of the
franchise and in order to encourage full
C. These provisions demonstrate the intention participation by all Democrats in the
of the Democratic Party to ensure a full delegate selection process and in all Party
opportunity for all “status” (as defined in affairs, the national and state Democratic
Rule 4.B.1) members to participate in the Parties shall adopt and implement
delegate selection process. affirmative action programs with specific
goals and timetables for African Americans,
Hispanics, Native Americans, Asian
Rule 5 Americans and Pacific Islanders and
Non-Discrimination women.

A. In order that the Democratic Party at all 1. The goal of such affirmative action shall
levels be an open Party which includes be to achieve participation in the
rather than excludes people from delegate selection process and in Party
participation, a program of effective organizations at all levels by the
affirmative action and inclusion is hereby aforementioned groups as indicated by
adopted. their presence in the Democratic
electorate.

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2020 Delegate Selection Rules for the Democratic National Convention

2. This goal shall not be accomplished pledged delegates and alternates and
either directly or indirectly by the automatic delegates (including automatic
Party’s imposition of mandatory quotas party leaders and elected official delegates).
at any level of the delegate selection In the case of gender non-binary delegates,
process or in any other Party affairs. they shall not be counted as either a male or
female, and the remainder of the delegation
3. In the selection of each state’s at-large shall be equally divided by gender.
delegation, priority of consideration
shall be given to African Americans, 1. State Delegate Selection Plans shall, as
Hispanics, Native Americans, Asian far as mathematically practicable, also
Americans and Pacific Islanders and provide for equal division between
women, if such priority of consideration district-level delegate men and delegate
is needed to fulfill the affirmative action women and district-level alternate men
goals outlined in the state’s Delegate and alternate women, as described in
Selection Plan. Such remedial action is Rule 6.C.
necessary in order to overcome the
effects of past discrimination. Use of the 2. The DNC Rules and Bylaws Committee
at-large delegation to fulfill the plan’s shall have continuing jurisdiction to
affirmative action goals does not obviate ensure compliance with this equal
the need for the State Party to conduct division requirement. No at-large
outreach activities such as recruitment, delegate or alternate from a state shall
education and training. Priority of be placed on the temporary roll of the
consideration shall also be given to 2020 Democratic National Convention
other groups as described in Rule 5.C, unless the Rules and Bylaws Committee
which are under-represented in has certified to the Secretary of the
Democratic Party affairs, in order to Democratic National Committee that
assist in the achievement of full such state’s delegation complies with
participation by these groups. this equal division rule. It shall be the
duty of the DNC Rules and Bylaws
4. The DNC will work with the State Party Committee to determine such
to ascertain the demographic make-up compliance as soon as practicable
of the aforementioned groups of the following the certification of the state’s
state’s Democratic electorate. at-large delegates and alternates.

B. Performance under an approved 3. Notwithstanding sub-paragraph A.2
Affirmative Action Plan and Outreach and above, equal division at any level of
Inclusion Program and composition of the delegate or committee positions
convention delegation shall be considered between delegate men and delegate
relevant evidence in the challenge to any women or committeemen and
state delegation. If a State Party has committeewomen shall not constitute a
adopted and implemented an approved violation of any provision thereof.
affirmative action program, the State Party
shall not be subject to challenge based solely D. For purposes of providing adequate notice
on delegation composition or primary of the delegate selection process under Rule
results. 3, the times, dates, places and rules for the
conduct of all caucuses, conventions,
C. State Delegate Selection Plans shall provide meetings and other events involved in the
for equal division between delegate men delegate selection process shall be
and delegate women and alternate men and effectively publicized, multilingually where
alternate women within the state’s entire necessary, to encourage the participation of
convention delegation (determined by minority groups.
gender-self-identification). For purposes of
this rule, the entire delegation includes all

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2020 Delegate Selection Rules for the Democratic National Convention

E. State Democratic Parties shall ensure that I. Each State Party shall certify to the Rules
district lines used in the delegate selection and Bylaws Committee whether each
process are not gerrymandered to presidential candidate (including
discriminate against African Americans, uncommitted status) has used best efforts to
Hispanics, Native Americans, Asian ensure that their respective delegations at
Americans and Pacific Islanders or women. each level within a state’s delegation shall
fulfill the requirements of Rule 6 and Rule 7
F. Each state Affirmative Action Plan shall established by the state’s Delegate Selection
provide for the appointment of a Plan and that the respective delegations of
representative state Affirmative Action each presidential candidate within the
Committee by March 1, 2019. Before the state’s delegation shall be equally divided
State Party submits its Plan to the DNC between men and women (as described in
Rules and Bylaws Committee, the Rule 6.C).
Affirmative Action Committee shall review
the proposed outreach program required in Rule 7
Rule 5.C.
Outreach and Inclusion Programs
G. Each State Affirmative Action Plan shall
include outreach provisions to encourage The Democratic National Committee recognizes
the participation and representation of that other groups of Americans in addition to
persons of low and moderate income, and a those described in Rule 6 may be under-
specific plan to help defray expenses of represented in Party affairs. These groups
those delegates otherwise unable to include members of the LGBTQ+ community,
participate in the national convention. people with disabilities, and youth. The
National and State Parties shall adopt and
H. State Parties in their Delegate Selection implement Outreach and Inclusion Programs in
Plans shall impose reasonable specific order to achieve the full participation of
Affirmative Action and Inclusion members of these and other groups in the
obligations upon presidential candidates delegate selection process and in all party
consistent with the delegate selection affairs, as indicated by their presence in the
system employed by the state. Democratic electorate. The DNC will work with
the State Party to ascertain the presence of these
1. State Parties shall require presidential groups in the State’s Democratic electorate. As
candidates to submit statements that is already the practice in most states, State
specify what steps such candidates will Parties should use goals to achieve these ends;
take to encourage full participation in however, in no event may such participation be
their delegate selection process, accomplished by the use of quotas.
including, but not limited to, procedures
by which persons may file as candidates
for delegate or alternate. Provided Rule 8
further that presidential candidates National Convention Delegate
submit such full participation Apportionment
statements to the DNC Rules and
Bylaws Committee at the same time
they are submitted to state parties. A. Apportionment of district-level delegates
within states shall be based on one of the
2. State Parties shall require presidential following:
candidates to submit demographic
information with respect to candidates 1. A formula giving equal weight to total
for delegate and alternate pledged to population and to the average of the
them. vote for the Democratic candidates in
the two most recent presidential
elections;

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2020 Delegate Selection Rules for the Democratic National Convention

2. A formula giving equal weight to the reflection guidelines must be met and the
vote for the Democratic candidates in Democratic Chair of each such state shall
the most recent presidential and make the certifications required by
gubernatorial elections; subsection 8.D.

3. A formula giving equal weight to the Rule 9
average of the vote for the Democratic
candidates in the two most recent
Automatic Party Leaders and
presidential elections and to Democratic Elected Official Delegates
Party registration or enrollment as of
January 1, 2020; or A. For the purpose of these rules, the term
“automatic” used in this Rule corresponds
4. A formula giving one-third (1/3) weight with the term “unpledged,” as used in
to each of the formulas in items (1), (2), Article Two, Section 4(h) of the Charter. The
and (3). procedure to be used for certifying
automatic party leader and elected official
B. Apportionment for each body selecting delegates is as follows:
delegates to state, district, and county
conventions shall be based upon population Not later than March 6, 2020, the Secretary
and/or some measure of Democratic of the Democratic National Committee shall
strength. officially confirm to each State Democratic
Chair the names of the following automatic
C. The Call for the 2020 Convention shall state delegates who legally reside in their
the base delegation for each delegation. respective state and who shall be recognized
Seventy-five percent (75%) of each state’s as part of their state’s delegation unless any
base delegation shall be elected at the such member has publicly expressed
congressional district level or smaller. support for the election of, or has endorsed,
Twenty-five percent (25%) of each state’s a presidential candidate of another political
base delegation shall be elected at large. party:
Delegates so elected shall hereafter be
termed “district-level” and “at-large” 1. The individuals recognized as members
delegates, respectively. Each State of the DNC (as set forth in Article Three,
Democratic Chair shall certify all delegates Sections 2 and 3 of the Charter of the
in writing to the Secretary of the DNC. Democratic Party of the United States);
and,
D. In those states with more than one
congressional district, after the election of 2. The Democratic President and the
district-level delegates and prior to the Democratic Vice President of the United
selection of at-large delegates, each State States, if applicable; and,
Democratic Chair shall certify pledged
party leader and elected official delegates 3. All Democratic members of the United
equal to 15% of the state’s base delegation States House of Representatives and all
selected pursuant to Rule 10. Democratic members of the United
States Senate; and,
E. The election of district-level and at-large
delegates and alternates may take place at 4. The Democratic Governor, if applicable;
the same meeting, provided that district- and,
level delegates are selected first. In states
with one congressional district the election 5. All former Democratic Presidents, all
of delegates selected in accordance with former Democratic Vice Presidents, all
Rules 8.B., 8.C., and 10.A., may be former Democratic Leaders of the U.S.
conducted simultaneously. In all cases, Senate, all former Democratic Speakers
affirmative action, inclusion and fair of the U.S. House of Representatives

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2020 Delegate Selection Rules for the Democratic National Convention

and Democratic Minority Leaders, as
applicable, and all former Chairs of the B. A state’s party leader and elected official
Democratic National Committee. delegates may be chosen by a state
convention or by a committee consisting of
B. Except as provided in 9.A. above, no person a quorum of district-level delegates. They
shall serve as an automatic delegate at any may also be chosen by the State Party
level of the delegate selection process by Committee, as recognized by the
virtue of holding a public or party office. Democratic National Committee, but only if
the state’s Delegate Selection Plan is in full
Rule 10 compliance with these rules, and provided:
Pledged Party Leaders and Elected 1. Membership on the State Party
Official Delegates Committee is apportioned on the basis
of population and/or some measure of
A. Following the selection of district-level Democratic strength;
delegates under 8.E., pledged party leader
and elected official delegates are to be 2. Members of the State Party Committee
selected subject to the following procedures: have been elected through open
processes in conformity with the basic
1. Persons shall be considered for pledged procedural guarantees utilized for
party leader and elected official delegate selection;
delegates and alternates according to
the following priority: big city mayors 3. Such delegates are elected at a public
and state-wide elected officials to be meeting subsequent to the election of
given equal consideration; state district-level delegates;
legislative leaders, state legislators, and
other state, county and local elected 4. Members of the State Party Committee
officials and party leaders. exercising such authority shall have
been elected no earlier than the calendar
2. These slots shall be allocated on the year of the previous national
same basis as the state’s at-large convention; and
delegates.
5. Membership of the State Party
3. If persons eligible for pledged party Committee complies with the equal
leader and elected official delegate division requirements of Article Nine,
positions have not made known their Section 16 of the Charter of the
presidential preference under the Democratic Party of the United States.
procedures established by the state
pursuant to Rule 13 for candidates for
district-level and at-large delegate Rule 11
positions, their preferences shall be Selection of At-Large
ascertained through alternative Delegates
procedures established by the State
Party, which shall require a signed
pledge of support for a presidential A. The selection of at-large delegates shall be
candidate. Such an alternative system used, if necessary, to achieve the equal
shall have a final deadline for division of positions between men and
submitting a pledge of support after the women and the representation goals
selection of all district-level delegates established in the State Party’s Affirmative
has been completed and must provide Action Plan and Outreach and Inclusion
an opportunity for disapproval by the Program. Such goals apply to the state’s
presidential candidate or the candidate’s entire delegation considered as a whole.
authorized representative. For purposes of this rule, the entire

11
2020 Delegate Selection Rules for the Democratic National Convention

delegation includes all automatic as well as however, that the Iowa precinct caucuses
all pledged delegates. Delegates and may be held no earlier than 29 days before
alternates shall each, as a group, be equally the first Tuesday in March; that the New
divided and, to the extent possible, each as a Hampshire primary may be held no earlier
group shall reflect the representation goals than 21 days before the first Tuesday in
established in the state’s Affirmative Action March; that the Nevada first-tier caucuses
Plan and Outreach and Inclusion Program. may be held no earlier than 10 days before
the first Tuesday in March; and that the
B. A state’s at-large delegates and alternates South Carolina primary may be held no
shall be selected by one of the bodies, earlier than 3 days before the first Tuesday
subject to the same conditions specified in in March.
Rule 10.B. above, provided, however, the
State Party Committee may choose such B. All steps in the delegate selection process,
delegates and alternates only if the state’s including the filing of presidential
Delegate Selection Plan is in full compliance candidates, must take place within the
with these rules. calendar year of the Democratic National
Convention (except as otherwise provided
C. At-large delegates and alternates (including in these rules or specifically allowed by the
pledged party leader and elected official DNC Rules and Bylaws Committee).
delegates, which shall include those to be
allocated to uncommitted status) in primary
states shall be allocated according to the Rule 13
state-wide primary vote or, in states holding Presidential Preference
no state-wide primary, according to the
division of preferences among convention A. All candidates for delegate and alternate in
and caucus participants. In non-primary caucuses, conventions, committees and on
states which do not hold state conventions primary ballots shall be identified as to
authorized to elect delegates, at-large presidential preference or uncommitted
delegates shall be apportioned according to status at all levels of a process which
the division of preferences among district- determines presidential preference.
level delegates at the time of district-level Candidates may state a preference for only
selection. If a presidential candidate one presidential candidate, including
entitled to an allocation under this rule is no uncommitted at any time. In no case shall a
longer a candidate at the time at-large candidate for delegate or alternate indicate
delegates are selected, his/her allocation more than one such presidential preference
shall be proportionately divided among the at each level.
other preferences entitled to an allocation.
B. All persons wishing to be elected to a
Rule 12 district-level or at-large delegate position
must file a statement of candidacy
Timing of the Delegate designating the presidential or
Selection Process uncommitted preference of the delegate
candidate and a signed pledge of support
A. No meetings, caucuses, conventions or for the presidential candidate (including
primaries which constitute the first uncommitted status) the person favors, if
determining stage in the presidential any, with the State Party by a date certain as
nomination process (the date of the primary specified in the state’s Delegate Selection
in primary states, and the date of the first Plan. Persons wishing to be elected as
tier caucus in caucus states) may be held pledged party leader and elected official
prior to the first Tuesday in March or after delegates shall comply with Rule 10.B.3.
the second Tuesday in June in the calendar
year of the national convention. Provided,

12
2020 Delegate Selection Rules for the Democratic National Convention

C. All candidates considered for district-level required to exercise their right of
alternate positions must meet the same candidate approval with respect to at-
requirements as candidates for district-level large delegate candidates until such
delegate positions, except that the state may time after the pledged party leader and
allow candidates who were not chosen at elected official (PLEO) delegates have
the delegate level to be considered at the been elected.
alternate level.
E. National convention delegate and alternate
D. Prior to the selection of national convention candidates removed from the list of bona
delegates and alternates, the State Party fide supporters by a presidential candidate,
shall convey to the presidential candidate, or that candidate’s authorized
or that candidate’s authorized representative(s), may not be elected as a
representative(s), a list of all persons who delegate or alternate at that level pledged to
have filed for delegate or alternate positions that presidential candidate.
pledged to that presidential candidate. All
such delegate and alternate candidates shall 1. Presidential candidates may not remove
be considered bona fide supporters of the any candidate for a district-level
presidential candidate whom they have delegate or alternate position from the
pledged to support, unless the presidential list of bona fide supporters unless, at a
candidate, or that candidate’s authorized minimum, three (3) names remain for
representative(s), signifies otherwise in every such position to which the
writing to the State Party by a date certain presidential candidate is entitled.
as specified in the state’s Delegate Selection Provided, however, that in states where
Plan. individual district-level delegates and
alternates are voted upon on a primary
1. Presidential candidates shall certify in ballot, the presidential candidate, or that
writing to the Democratic State Chair candidate’s authorized
the name(s) of their authorized representative(s), may approve a
representative(s) by a date certain. number of delegate candidates or
alternate candidates equal to or greater
2. In states where delegates are voted than the number of delegates or
upon on the ballot, the date by which alternates allocated to the district.
the presidential candidate, or that
candidate’s authorized 2. Presidential candidates, in consultation
representative(s), signifies approval or with the State Party, may remove any
disapproval of the list of delegate and candidate for at-large and pledged party
alternate candidates in writing to the leader and elected official delegate or
State Party as required by Rule 13.D., alternate position from the list of bona
must allow sufficient time to ensure that fide supporters as long as, at a
names removed from the list do not minimum, one (1) name remains for
appear on the ballot. every national convention delegate or
alternate position to which the
3. Presidential candidates or their presidential candidate is entitled, except
authorized representatives shall not be that a state may provide in its delegate
required to exercise their right of selection plan, if the plan is approved by
candidate approval with respect to the Rules and Bylaws Committee, that
pledged party leader and elected official presidential candidates may remove any
(PLEO) delegate candidates until such candidate for an at-large and party
time after the district-level delegates leader and elected official delegate or
have been elected. alternate position from the list of bona
fide supporters as long as, at a
4. Presidential candidates or their minimum, two (2) names remain for
authorized representatives shall not be

13
2020 Delegate Selection Rules for the Democratic National Convention

every position to which the presidential J. Delegates elected to the national convention
candidate is entitled. pledged to a presidential candidate shall in
all good conscience reflect the sentiments of
F. State parties shall ensure that state Delegate those who elected them.
Selection Plans provide fair and adequate
time for persons to file for delegate or K. 1. Based on the right of the Democratic
alternate positions, and for presidential Party to freely assemble and to
candidates, or their authorized determine the criteria for its candidates,
representative(s), to review the list of it is determined that all candidates for
persons who have filed, and to remove from the Democratic nomination for
that list persons not confirmed by the President or Vice President shall:
presidential candidate or his/her
representative(s) as bona fide supporters of a. be registered to vote, and shall
the presidential candidate. have been registered to vote in the
last election for the office of
G. Except in states where individual delegates President and Vice President; and
and alternates are selected on the primary
ballot, district-level national convention b. as determined by the National
delegates and alternates pledged to a Chairperson of the Democratic
presidential candidate (including National Committee, be a bona
uncommitted status) shall be selected or fide Democrat whose record of
nominated by a caucus of persons from the public service, accomplishment,
unit electing the delegates and alternates public writings, and/or public
who sign statements of support for that statements affirmatively
presidential candidate. Uncommitted demonstrates that the candidate is
delegates and alternates shall be elected by faithful to the interests, welfare,
the uncommitted caucus from the and success of the Democratic
appropriate unit. Party of the United States at heart,
who subscribes to the substance,
H. A district-level delegate and alternate intent, and principles of the
candidate may run for election only within Charter and the Bylaws of the
the district in which they are registered to Democratic Party of the United
vote. For purposes of these rules, all States, and who will participate in
delegates and alternates at any level of the the Convention in good faith.
delegate selection process must be bona fide
Democrats (which shall include being 2. It is further determined that these
registered as a Democrat in states that requirements are in addition to the
permit Democratic Party registration) who requirements set forth by the United
have the interests, welfare and success of States Constitution and any law of the
the Democratic Party of the United States at United States.
heart, who subscribe to the substance, intent
and principles of the Charter and the Rule 14
Bylaws of the Democratic Party of the
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 A. Delegates shall be allocated in a fashion that
selection process shall be mandated by law fairly reflects the expressed presidential
or Party rule to vote contrary to that preference or uncommitted status of the
person’s presidential choice as expressed at primary voters or, if there is no binding
the time the delegate is elected. primary, the convention and/or caucus
participants.

14
2020 Delegate Selection Rules for the Democratic National Convention

received by each presidential
B. States shall allocate district-level delegates preference.
and alternates in proportion to the
percentage of the primary or caucus vote Step 4: Delegates shall be allocated to each
won in that district by each preference, presidential preference based on the
except that preferences falling below a whole numbers which result from
fifteen percent (15%) threshold shall not be the multiplication in Step 3.
awarded any delegates. Subject to section F.
of this rule, no state shall have a threshold Step 5: Remaining delegates, if any, shall be
above or below fifteen percent (15%). States awarded in order of the highest
which use a caucus/convention system, fractional remainders in Step 3.
shall specify in their Delegate Selection
Plans the caucus level at which such E. At-large and pledged party leader and
percentages shall be determined. elected official delegate and alternate
positions shall be allocated to presidential
C. A presidential candidate or his/her preferences by reference to primary or
authorized representative(s) should act in convention votes or to the division of
good faith to slate delegate and alternate preference among district-level delegates or
candidates, however, in any event, if a alternates, as the case may be, as specified in
presidential candidate (including Rule 11.C., except that a preference falling
uncommitted status) has qualified to receive below a threshold of fifteen percent (15%)
delegates and alternates but has failed to shall not be awarded any delegates or
slate a sufficient number of delegate and alternates at this level. Such delegates and
alternate candidates, then additional alternates in primary states shall be
delegates and alternates for that preference allocated to presidential preference
will be selected in a special post-primary (including uncommitted status) according
procedure. The State Party will administer to the statewide primary vote.
special post-primary procedures according
F. In all situations where no preference reaches
to rules approved by the DNC Rules and
the applicable threshold, the threshold shall
Bylaws Committee and such procedures
be half the percentage of the vote received
should be set forth in the state’s delegate
at each level of the delegate selection
selection plan, where applicable.
process by the front-runner.
D. District-level delegates and alternates shall
G. For the purpose of fairly reflecting the
be allocated according to the following
division of preferences, the non-binding
procedures:
advisory presidential preference portion of
Step 1: Tabulate the percentage of the vote primaries shall not be considered a step in
that each presidential preference the delegate selection process and is
(including uncommitted status) considered detrimental. State Parties must
receives in the congressional district take steps to educate the public that a non-
to three decimals. binding presidential preference event is
meaningless, and State Parties and
Step 2: Retabulate the percentage of the presidential candidates should take all steps
vote to three decimals, received by possible not to participate.
each presidential preference
excluding the votes of presidential 1. In a state that uses a caucus and/or
preferences whose percentage in convention to determine presidential
Step 1 falls below 15%. preference of voters, the plan must
provide for the timely reporting of the
Step 3: Multiply the number of delegates to election results to the State Party.
be allocated by the percentage

15
2020 Delegate Selection Rules for the Democratic National Convention

Rule 15 candidate and by a delegate/alternate
candidate to gain access to the primary
Petition Requirements and ballot, in connection with the Democratic
Filing Deadlines presidential nominating process, shall not
exceed those in effect in the particular state
A. If a state requires the filing of petitions with as of January 1, 1994.
the signatures of registered/enrolled voters
as the sole method to place a presidential E. No deadline for the filing of petitions for
candidate’s name on the primary ballot in participation in the presidential nomination
connection with the Democratic presidential process by a presidential candidate shall be
nominating process, such number of valid less than 30 days in advance of the primary
signatures shall not exceed 5,000. or caucus nor more than 75 days in advance
of the primary or caucus.
B. No fee in excess of $2,500 may be charged
(either to a presidential campaign or State F. No candidate for delegate or alternate shall
Party) as the sole method to place a be required to file a statement of candidacy
presidential candidate on the ballot in or a pledge of support as required by Rule
connection with the Democratic presidential 13.B. prior to 30 days before such delegate
nominating process. If state law requires or alternate candidate is to be selected or
such a fee in excess of $2,500, such law was elected in a primary, caucus or pre-primary
in place prior to 2018, and a State Party has caucus; provided, however, that in states
taken provable, positive steps to change holding a presidential primary where
such law, then a State Party may seek a individual district-level delegates or
waiver of this provision to charge such a fee alternates are to be voted upon on the ballot,
to presidential campaigns. no candidate for delegate or alternate shall
be required to submit or file a statement of
C. If a state requires the filing of a petition with candidacy or a pledge of support prior to 90
the signatures of registered/enrolled voters days before the date on which they are to be
in order to have a delegate/alternate voted upon.
candidate gain access to the primary ballot
G. No candidate for at-large or pledged party
in connection with the Democratic
leader and elected official delegate or
presidential nominating process, the
alternate shall be required to file a statement
number of valid signatures shall not exceed
of candidacy or a pledge of support
either one half of one percent (.5%) of the
required by Rule 13.B. prior to 30 days
registered/enrolled Democrats in such
before the date when the delegate or
district or one half of one percent (.5%) of
alternate is to be selected or voted upon.
the total votes in such district for all
Democratic presidential candidates H. No state’s delegate selection rules may
(including uncommitted) during the require the filing of district-level delegate or
immediately preceding presidential alternate candidates pledged to a
nominating process, whichever is lower, but presidential candidate or uncommitted
in no event shall the number of valid status as a condition of access by a
signatures required exceed 500. presidential candidate to the primary ballot
for voting upon presidential preference.
D. Subject to the prior sections of this rule, the
number of valid signatures required of a
presidential candidate to file a petition to Rule 16
gain access to the primary ballot, and the Quorum Requirements
number of valid signatures required of a
delegate/alternate candidate to gain access
to the primary ballot, and the fees required No less than forty percent (40%) of the members
to be paid to the state by a presidential of any Party body above the first level of the
delegate selection process shall constitute a

16
2020 Delegate Selection Rules for the Democratic National Convention

quorum for any business pertaining to the applicable to the selection of delegates,
selection of convention delegates. except that the provisions of Rule 9.A. shall
not apply to the election of alternates. Each
Rule 17 State Democratic Chair shall certify all
alternates in writing to the Secretary of the
Proxy Voting DNC.

To insure full participation in the delegate B. If a given presidential preference is entitled
selection process, State Party rules may, at their to one or more delegate positions in a state
discretion, provide for proxy voting. Such rules but would not otherwise be entitled to an
shall allow an accredited participant in a alternate position, that preference shall be
caucus, convention or committee meeting, after allotted one at-large alternate position.
having established credentials, to register the
non-transferable proxy with another duly C. The proportions of alternates elected at the
accredited participant at that meeting (except district level, and at-large, and as pledged
where an accredited alternate is present and party leader and elected official alternates,
eligible to serve as a replacement). Unless may be the same as the proportions of
otherwise specified, a proxy shall be deemed to delegates elected in those categories.
be general and uninstructed. No such rule shall
allow a person to hold more than one (1) proxy D. Each state Delegate Selection Plan shall
at a time. specifically provide how and under what
conditions an alternate is to replace or act in
lieu of (collectively referred to as “replace”
Rule 18 or “replaces”) a delegate.
Unit Rule and Slate-Making
1. Delegate Selection Plans may specify
A. The unit rule, or any rule or practice one or any combination of the following
whereby all members of a Party unit or alternatives for permanent and
delegation may be required to cast their temporary replacements:
votes in accordance with the will of a
majority of the body, shall not be used at a. The delegate chooses the alternate;
any stage of the delegate selection process.
b. The delegation chooses the
alternate;
B. Any individual or group of Democrats may
sponsor or endorse a slate of candidates for c. The alternate who receives the
convention delegates. But no slate may, by highest number of votes; or
virtue of such endorsement, receive a
preferential place on a delegate selection d. Such other process as protects the
ballot or be publicly identified on the ballot interests of presidential
as the official Democratic Party organization candidates, delegates and
slate, and all slates must meet identical alternates.
qualifying requirements for appearing on a
ballot at all levels of the delegate selection 2. If a delegate or alternate candidate who
process. has been elected but not yet certified to
the Secretary of the DNC resigns, dies or
is no longer eligible to serve, the
Rule 19 delegate-elect or alternate-elect shall be
Alternates and Vacancies replaced, after consultation with the
State Party, by the authorized
A. Alternate delegates shall be selected by representative of the presidential
primary, convention or committee processes candidate to whom the delegate or
subject to the same National Party Rules alternate was pledged.

17
2020 Delegate Selection Rules for the Democratic National Convention

Rule 20
3. A permanent replacement occurs when
a delegate resigns, dies or is no longer
DNC Rules and Bylaws
eligible to serve prior to or during the Committee
National Convention and the alternate
replaces the delegate for the remainder A. The DNC Rules and Bylaws Committee will
of the National Convention. Any assist in the administration and enforce
alternate who permanently replaces a affirmative action, inclusion and delegate
delegate shall be certified in writing to selection requirements for the national and
the Secretary of the DNC by the State state Democratic parties.
Democratic Chair. They shall be of the
same presidential preference (including B. The DNC Rules and Bylaws Committee
uncommitted status) and gender of the shall implement the Delegate Selection
delegate they replace, and to the extent Rules in a manner consistent with these
possible shall be from the same political rules.
subdivision within the state as the
delegate; except in the case where the C. The DNC Rules and Bylaws Committee will
presidential candidate has only one provide State Parties with a model Delegate
alternate, in which case, that alternate Selection Plan and an Affirmative Action
shall become the certified delegate. Plan and Outreach and Inclusion Program.
4. A temporary replacement occurs when D. The DNC Rules and Bylaws Committee
a delegate is to be absent for a limited shall:
period of time during the convention
and an alternate temporarily acts in the 1. review Affirmative Action Plans,
delegate’s place. Any alternate who Outreach and Inclusion Programs and
temporarily replaces a delegate must be Delegate Selection Plans submitted by
of the same presidential preference State Parties and approve or
(including uncommitted status) as the recommend changes in such plans;
delegate they replace, and to the extent
possible shall be of the same gender and 2. conduct periodic evaluations and
from the same political subdivision provide technical assistance to state
within the state as the delegate. parties on Affirmative Action Plan,
Outreach and Inclusion Program and
E. A vacant alternate position shall be filled by delegate selection implementation; and
the delegation. The replacement shall be of
the same presidential preference (or 3. hear and recommend solutions to
uncommitted status), of the same sex and, to resolve complaints regarding Delegate
the extent possible, from the same political Selection Plans, including Affirmative
subdivision as the alternate being replaced. Action Plans and Outreach and
Each replacement of a vacant alternate Inclusion Programs, unresolved by
position shall be certified in writing to the appropriate state party bodies.
Secretary of the DNC by the State
Democratic Chair. E. The DNC Rules and Bylaws Committee
shall retain jurisdiction over the approval of
amendments to state Delegate Selection
Plans and state delegation compliance with
equal division requirements, even after the
Convention Credentials Committee assumes
jurisdiction over challenges to the
credentials of delegates.

18
2020 Delegate Selection Rules for the Democratic National Convention

F. No later than December 21, 2018, the DNC b. If challenged and upheld, the
Rules and Bylaws Committee shall send to compliance of such
state parties its regulations adopted implementation programs shall be
pursuant to these rules and a checklist. conclusive but not as to
compliance or non-compliance
G. The DNC shall allocate sufficient financial that may occur after the date of
resources and staff to implement this rule. the challenge.

2. Challenges regarding alleged violation
Rule 21 of an approved Delegate Selection Plan
Challenges shall first be brought to the appropriate
state Democratic Party body for a
A. Jurisdictional Challenges. Any challenges decision to be rendered within twenty-
to a State Party organization in respect to its one (21) days. After due notice, any
status as the body entitled to sponsor a aggrieved party shall have the right to
delegation from that state must be appeal to the DNC Rules and Bylaws
presented to the DNC at any time up to Committee within ten (10) days
thirty (30) days prior to the initiation of the following the decision of the state body
state’s delegate selection process. Such a according to procedures established by
challenge must be brought by at least fifteen DNC Rules and Bylaws Committee.
(15) Democrats from the state.
3. The DNC Rules and Bylaws Committee
B. Submission, Non-Implementation and shall either certify compliance, certify
Violation Challenges. Failure to submit or non-compliance or require corrective
implement an approved Affirmative Action action after which compliance or non-
Program and Outreach and Inclusion compliance shall be certified.
Program by the deadline specified in these
rules shall constitute grounds for a C. 1. a. Violation of timing: In the event the
challenge with the burden of proof on the Delegate Selection Plan of a State
challenged party. Party provides or permits a meeting,
caucus, convention or primary
1. At any time up to thirty (30) days prior which constitutes the first
to the initiation of the state’s delegate determining stage in the
selection process, any group of not less presidential nominating process to
than fifteen (15) Democrats in that state be held prior to or after the dates for
can challenge the Affirmative Action the state as provided in Rule 12 of
Plan and Outreach and Inclusion these rules, or in the event a state
Program on the basis of non- holds such a meeting, caucus,
implementation of a specific convention or primary prior to or
requirement of a state plan, which after such dates, the number of
challenge shall include reasonable pledged delegates elected in each
documentation of alleged violations. (In category allocated to the state
such challenges, the challenging party pursuant to the Call for the National
shall have the burden of proof, but the Convention shall be reduced by fifty
challenged party shall present its case (50%) percent, and the number of
first.) alternates shall also be reduced by
fifty (50%) percent. In addition,
a. In the absence of any such none of the members of the
challenge, the implementation of Democratic National Committee
any such program shall be and no other automatic delegate
presumptively in compliance. allocated pursuant to Rule 9.A. from
that state shall be permitted to vote
as members of the state’s delegation.

19
2020 Delegate Selection Rules for the Democratic National Convention

In determining the actual number of (including uncommitted status) other
delegates or alternates by which the than as provided under Rule 14 of these
state’s delegation is to be reduced, rules, or in the event a State Party, in
any fraction below .5 shall be fact, allocates its pledged delegates or
rounded down to the nearest whole alternates to a presidential preference
number, and any fraction of .5 or (including uncommitted status) other
greater shall be rounded up to the than as provided under Rule 14 of these
next nearest whole number. rules, the delegation of the state shall be
reduced by the same amount and as
b. A presidential candidate who provided in section C.(1) of this rule.
campaigns in a state where the State
Party is in violation of the timing 3. Violation of the threshold: In the event
provisions of these rules, or where a the Delegate Selection Plan of a State
primary or caucus is set by a state’s Party provides or permits a threshold
government on a date that violates other than 15% as set forth in Rule 14 of
the timing provisions of these rules, these rules, or in the event a State Party
may not receive pledged delegates in fact permits the implementation of a
or delegate votes from that state. threshold other than 15% as provided in
Candidates may, however, Rule 14 of these rules, the delegation of
campaign in such a state after the the state shall be reduced by the same
primary or caucus that violates these amount and as provided in section C.(1)
rules. “Campaigning” for purposes of this rule.
of this section includes, but is not
limited to, purchasing print, 4. Upon a determination of the DNC Rules
internet, or electronic advertising and Bylaws Committee that a state is in
that reaches a significant percentage violation as set forth in subsections (1),
of the voters in the aforementioned (2) or (3) of section C. of this rule, the
state; hiring campaign workers; reductions required under those
opening an office; making public subsections shall become effective
appearances; holding news automatically and immediately and
conferences; coordinating volunteer without further action of the DNC Rules
activities; sending mail, other than and Bylaws Committee, the Executive
fundraising requests that are also Committee of the DNC, the DNC or the
sent to potential donors in other Credentials Committee of the
states; using paid or volunteer Democratic National Convention.
phoners or automated calls to
contact voters; sending emails or 5. Nothing in the preceding subsections of
establishing a website specific to this rule shall be construed to prevent
that state; holding events to which the DNC Rules and Bylaws Committee
Democratic voters are invited; from imposing additional sanctions,
attending events sponsored by state including, without limitation, those
or local Democratic organizations; specified in subsection (6) of this section
or paying for campaign materials to C., against a State Party and against the
be used in such a state. The Rules delegation from the state which is
and Bylaws Committee will subject to the provisions of any of
determine whether candidate subsections (1) through (3) of this
activities are covered by this section. section C., including, without limitation,
establishing a committee to propose and
2. Violation of proportional representation: implement a process which will result in
In the event the Delegate Selection Plan the selection of a delegation from the
of a State Party provides or permits the affected state which shall (i) be broadly
pledged delegates or alternates to be representative, (ii) reflect the state’s
allocated to a presidential preference division of presidential preference and

20
2020 Delegate Selection Rules for the Democratic National Convention

uncommitted status and (iii) involve as elected officials took all provable,
broad participation as is practicable positive steps and acted in good faith in
under the circumstances. attempting to prevent legislative
changes which resulted in state law that
6. Nothing in these rules shall prevent the fails to comply with the pertinent
DNC Rules and Bylaws Committee provisions of these rules, the DNC Rules
from imposing sanctions the Committee and Bylaws Committee shall determine
deems appropriate with respect to a that all or a portion of the state’s
state which the Committee determines delegation shall not be reduced. The
has failed or refused to comply with State Party shall have the burden of
these rules, where the failure or refusal proving by clear and convincing
of the State Party is not subject to evidence that it and the other relevant
subsections (1), (2) or (3) of this section Democratic party leaders and elected
C. Possible sanctions include, but are officials took all provable, positive steps
not limited to: reduction of the state’s and acted in good faith to achieve
delegation; pursuant to Rule 22.C., legislative changes to bring the state law
recommending the establishment of a into compliance with the pertinent
committee to propose and implement a provisions of these rules and that it and
process which will result in the selection the other relevant Democratic party
of a delegation from the affected state leaders and elected officials took all
which shall (i) be broadly provable, positive steps and acted in
representative, (ii) reflect the state’s good faith in attempting to prevent the
division of presidential preference and legislative changes which resulted in
uncommitted status and (iii) involve as state law that fails to comply with the
broad participation as is practicable pertinent provisions of these rules.
under the circumstances; reducing, in
part or in whole, the number of the 8. A State Party may provide in its
state’s members to the Standing Delegate Selection Plan the specific
Committees; reducing, in part or in method and procedures by which it will
whole, the number of guests, VIP and reduce its delegation pursuant to this
other passes/tickets to the National Rule 21 in the event the State Party or
Convention and related functions; delegation becomes subject to this Rule
assignment of location of the state’s 21 by which categories of delegates
delegates and alternates in the must be reduced by 50%, which specific
Convention hall; and assignment of the method and procedures shall be subject
state’s housing and other convention to the review and approval of the DNC
related facilities. Rules and Bylaws Committee. In the
event a state’s Delegate Selection Plan
7. In the event a state shall become subject does not provide for the specific method
to subsections (1), (2) or (3) of section C. and procedures referred to in the
of this rule as a result of state law but immediately preceding sentence, or in
the DNC Rules and Bylaws Committee, the event the state’s Delegate Selection
after an investigation, including Plan is either not approved by the DNC
hearings if necessary, determines the Rules and Bylaws Committee or the
State Party and the other relevant specific method and procedures referred
Democratic party leaders and elected to in the first sentence of this subsection
officials took all provable, positive steps (8) are not approved by the DNC Rules
and acted in good faith to achieve and Bylaws Committee, or in the event a
legislative changes to bring the state law state’s Delegate Selection Plan specifies
into compliance with the pertinent the method and procedures which have
provisions of these rules and determines been approved by the DNC Rules and
that the State Party and the other Bylaws Committee, but the State Party
relevant Democratic party leaders and fails or refuses to implement those

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2020 Delegate Selection Rules for the Democratic National Convention

specific method and procedures, and in limited to: the drafting of corrective
the event the state’s delegation is legislation; public endorsement by the State
required to be reduced pursuant to this Party and the other relevant Democratic
Rule 21, then the DNC Rules and party leaders and elected officials of such
Bylaws Committee shall, by lottery, or legislation; efforts to educate the public on
other appropriate method determined the need for such legislation; active support
by the DNC Rules and Bylaws for the legislation by the State Party
Committee, determine which delegates lobbying state legislators, other public
and alternates shall not be a part of the officials, Party officials and Party members;
state’s delegation in order to achieve the encouraging consideration of the legislation
reduction of the state’s delegation by the appropriate legislative committees
pursuant to this Rule 21. Any reduction and bodies.
of delegates under this provision shall
be accomplished in a manner which C. A State Party may be required by a vote of
complies with the requirement of the DNC Executive Committee upon a
proportional representation as provided recommendation of the DNC Rules and
for in Rule 14. Bylaws Committee to adopt and implement
an alternative Party-run delegate selection
9. Except as provided by subsection (7) of system which does not conflict with these
this section C., the fact that a State Party rules, regardless of any provable positive
took provable, positive steps as steps the state may have taken.
provided in Rule 22 of these rules shall
not preclude the state’s delegation from
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

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