Santorum Has Rule #40 Problems, Too

The folks at NBC News have dug down into the 2008 Rules of the Republican Party -- the rules governing the 2012 presidential nomination process -- and have found that Rule #40 may stand in the way of Newt Gingrich having his named placed into nomination at the convention in Tampa this summer.

Here's the pertinent text of Rule 40.b:

Each candidate for nomination for President of the United States and Vice President of the United States shall demonstrate the support of a plurality of the delegates from each of five (5) or more states, severally, prior to the presentation of the name of that candidate for nomination.

Read that closely. That isn't -- as the NBC piece emphasizes -- five wins. The rule states that a candidate is required to control pluralities of the delegates in at least five states. By that metric, as of now, Rick Santorum is not really out of the woods yet either. The former Pennsylvania senator has won nine contests -- ten if you count the non-binding Missouri primary -- but only half of those states have actually allocated delegates as of March 21, 2012. Further, Santorum only has clear delegate pluralities in three of those states: Alabama, Kansas and Tennessee. In Mississippi and Oklahoma, both Mitt Romney and Newt Gingrich are within a couple of automatic delegate endorsements of controlling a plurality of the delegation.

Now, more than likely one of a couple of scenarios is likely to play out. Either:

1. Santorum ends up winning the plurality of delegates in Iowa, Colorado, Minnesota, Missouri and North Dakota, controls those delegations and has no problems being nominated -- if it comes to that.
2. The delegate math will have become so impossible and the pressure from within the party will have grown so high that Santorum will exit the race and delegates in those non-binding/unbound caucus states will end up supporting the inevitable nominee (Romney) anyway, seeing that there will not be a contested convention. 

Rules, rules, rules...


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