Nomination and Election of the President and Vice President of the United States, 2000 Including the Manner of Selecting Delegates to National Party Conventions
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106th Congress 2d Session S. Doc. 106±16 Nomination and Election of the President and Vice President of the United States, 2000 Including the Manner of Selecting Delegates to National Party Conventions By L. Paige Whitaker, Jack Maskell, Margaret M. Lee, Robert B. Burdette, John Contrubis, T.J. Halstead, and Jon Shimabukuro, Legislative Attor- neys, and Gloria P. Sugars, Paralegal and Coordinator, Congressional Research Service, Library of Congress, for the Committee on Rules and Administration, United States Senate January 2000 U.S. Government Printing Office, Washington: 2000 Nomination and Election of the President and Vice President of the United States, 2000 106th Congress 2d Session S. Doc. 106±16 Nomination and Election of the President and Vice President of the United States, 2000 Including the Manner of Selecting Delegates to National Party Conventions By L. Paige Whitaker, Jack Maskell, Margaret M. Lee, Robert B. Burdette, John Contrubis, T.J. Halstead, and Jon Shimabukuro, Legislative Attor- neys, and Gloria P. Sugars, Paralegal and Coordinator, Congressional Research Service, Library of Congress, for the Committee on Rules and Administration, United States Senate January 2000 U.S. Government Printing Office, Washington: 2000 For sale by the U.S. Government Printing Office Superintendent of Documents, Mail Stop: SSOP, Washington, DC 20402-9328 COMMITTEE ON RULES AND ADMINISTRATION MITCH MCCONNELL, Kentucky, Chairman JESSE HELMS, North Carolina CHRISTOPHER J. DODD, Connecticut TED STEVENS, Alaska ROBERT C. BYRD, West Virginia JOHN WARNER, Virginia DANIEL K. INOUYE, Hawaii THAD COCHRAN, Mississippi DANIEL PATRICK MOYNIHAN, New York RICK SANTORUM, Pennsylvania DIANNE FEINSTEIN, California DON NICKLES, Oklahoma ROBERT G. TORRICELLI, New Jersey TRENT LOTT, Mississippi CHARLES E. SCHUMER, New York KAY BAILEY HUTCHISON, Texas TAMARA S. SOMERVILLE, Staff Director G. HUNTER BATES, Chief Counsel KENNIE L. GILL, Democratic Staff Director and Chief Counsel SENATE RESOLUTION 236 In the Senate of the United States November 19, 1999 Resolved, That the Committee on Rules and Administration shall prepare a revised edition of the document entitled Nomination and Election of the President and Vice President of the United States, Senate Document 102±14, and that such document shall be printed as a Senate document. SEC. 2. There shall be printed, beyond the usual number, six hundred additional copies of the document specified in the first sec- tion for the use of the Committee on Rules and Administration. Attest: GARY SISCO, Secretary (II) III FOREWORD This document is a compilation of the constitutional provi- sions, federal and state laws, and rules of the two major po- litical parties governing the nomination and election of the President and Vice President of the United States. It lists the states holding presidential preference primaries and the dates of such primaries; it also describes the manner of se- lecting delegates to the national conventions, the dates such selections are to be made, and the number of delegates to be selected. Two surveys of the rules of the major political par- ties and of the election laws of the fifty states and the Dis- trict of Columbia are included relating to the selection of del- egates to the national nominating conventions and to the nomination and election of electors of the President and Vice President. Abstracts of the laws relating to minor and new parties and independent candidates are also included in the surveys. The information contained here is based on the federal and state laws in effect as of October 1, 1999. There have been many changes in the election laws of the states since the 1992 presidential election. Various state laws referred to in this document may have been amended subsequent to publi- cation; similarly, political party constitutions, rules and dele- gates selection plans may also have been amended. Every ef- fort has been made to provide the latest statutes, party rules and delegate selection plans. The analysis of election laws and party rules was prepared by L. Paige Whitaker, Jack Maskell, Margaret M. Lee, Rob- ert B. Burdette, John Contrubis, T.J. Halstead, Jon Skimabukuro, legislative attorneys, and paralegal Gloria P. Sugars, coordinator, of the American Law Division, Congres- sional Research Service, Library of Congress for the Senate Committee on Rules and Administration, under the super- vision of Ellen M. Lazarus Deputy Assistant Director, and Richard C. Ehkle, Assistant Director of the American Law Division. V CONTENTS Foreword, III Table of Contents, V Important Dates, VII Part I. Federal Constitutional Provisions and Laws Governing the Election of the President and Vice President of the United States, 1 A. United States Constitution, 1 B. Election of the President (Title 3, United States Code), 5 C. Voting Rights Act Amendments of 1970ÐResidence Requirements (Title 42, United States Code), 13 D. Campaign Financing Reporting and Disclosure (Title 2, United States Code), 16 E. Financial Disclosure Requirements of Executive Personnel, Including Candidates for Nomination or Election to the Office of President or Vice President (Title 5, United States Code Appendix), 61 F. Political Activities: Federal Employees (Title 5, United States Code), 87 G. Political Activities: State and Local Employees (Title 5, United States Code), 91 H. Criminal Code Provisions (Title 18, United States Code), 96 I. Internal Revenue Code, Political Campaign Debts and Contributions (Title 26, United States Code), 106 J. Public Financing of Presidential Elections (Title 26, United States Code), 113 K. Communications Media (Title 47, United States Code), 139 Part II. Nomination of the President and Vice President, 141 A. Calendar for Party Caucuses/Conventions and Presidential Primaries, 141 B. Background, 142 C. Significant Court Decisions Affecting Delegate Selection Procedures and the Convention System, 146 D. FEC Regulations on Delegates and Delegate Committees, 150 E. 1992 Democratic Party Delegate Selection Rules, 157 F. Rules of the Republican Party Relating to the Convening of the 2000 National Convention, 216 Part III. Survey of State Laws and of Party Rules Regulating the Selection of Delegates to the National Nominating Conventions, 233 A. Delegate Selection for the States, 233 B. Delegate Selection for Citizens Abroad and the Territories, 308 VI Nomination and Election Part IV. State Laws Relating to the Nomination and Election of Presidential Electors, 310 A. Table of State Electoral College Votes, 310 B. Background, 310 C. Summary of State Laws Relating to Presidential Electors, 313 Part V. Presidential Succession, 395 A. Death or Disability of a President, 395 B. Death of a President-Elect, 399 Part VI. Tables Relating to Various Aspects of the Nomination and Election of the President and Vice President, 409 1. Presidents and Vice Presidents of the United States and the Congress Coincident with Their Terms, 410 2. Electoral Vote for President and Vice President, by Major Political PartiesÐStates: 1956 to 1996, 411 3. Vote for PresidentÐPopular Vote Cast for President, by Political PartiesÐRegional and States 1976 to 1996, 412 VII IMPORTANT DATES August 14±17, 2000ÐDemocratic National Convention in Los Angeles, California. July 29±August 4, 2000ÐRepublican National Convention in Philadelphia, Pennsylvania. November 7, 2000ÐGeneral Election in all States. December 18, 2000ÐDate of meeting of electors (Electoral College). January 6, 2001ÐCounting of electoral votes by joint session of Congress. Dates for Party Caucuses/Conventions and Presidential Primaries in 2000 Dates Caucus/Convention Presidential Primaries January 24 Iowa .................................................. February 1 ........................................................... New Hampshire February 5 ........................................................... Delaware (D) February 8 ........................................................... Delaware (R) February 19 ........................................................... South Carolina (R) February 22 ........................................................... Arizona, Michigan February 26 American Samoa, Guam, Virgin Is- lands (Republican only). February 29 North Dakota (R) ............................ Virginia, Washington March 5 ..... ........................................................... Puerto Rico (R) March 7 ..... American Samoa (D), Hawaii (D), California, Connecticut, Georgia, Minnesota, North Dakota (D). Maine, Maryland, Massachu- setts, Missouri, New York, Ohio, Rhode Island, Vermont March 9 ..... ........................................................... South Carolina (D) March 10 ... ........................................................... Colorado, Utah, Wyoming March 11 ... Michigan (D) .................................... Arizona (D) March 12 ... ........................................................... Puerto Rico (D) March 14... ........................................................... Florida, Louisiana, Mississippi, Oklahoma, Tennessee, Texas March 21 ... ........................................................... Illinois April 1 ........ Virgin Islands (D) ........................... April 4 ........ ........................................................... Kansas, Pennsylvania, Wisconsin May 2......... ........................................................... District of Columbia, Indiana, North Carolina May 6 ......... Guam (D) ......................................... May 9 ......... ..........................................................