The Gingrich and Santorum Missing 564 Delegates Ballot Access Myth

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[Update 2/22/12] See my new post with updates here [/Update]

In my various internet reading and conversations with Ron Paul supporters in the last several weeks, I have heard multiple people make the claim that Newt Gingrich and Rick Santorum aren’t on the ballot in enough states such that they would miss out on being eligible for 564 delegates and thus can’t win the nomination.

Going through mentions of this claim have lead me to the two sources that are cited as the basis for this claim or a similar less specific one. A Washington Times article that makes the claim:

Along with establishment candidate Mitt Romney, Ron Paul is the only candidate who was able to get on the ballot in all fifty states. Newt Gingrich and Rick Santorum will not get enough delegates from the states they have qualified for to receive the Republican nomination.

However, the article provides no evidence or support for the claim.

I believe that the original source of the myth and the more specific 564 delegate claim is Ron Paul campaign advisor Doug Wead speaking on MSNBC:

Regardless of the source, the notion that Gingrich can’t win enough delegates to be the nominee is very clearly false.

First of all, in order to win the primary, a candidate only needs 1144 of the 2286 total delegates. Even if we accept the 564 delegate number at face value, the NY Times estimates that there are 2174 delegates yet to be awarded, plenty for Gingrich to be able to secure more than the 1144 needed to win even if he can’t win 564 of them.

Secondly, Gingrich and Santorum have different ballot access problems. Both are not on the ballot in Virginia and don’t have full slates of delegates in Tennessee, but in Missouri Gingrich is not on the ballot while Santorum has no issues and Santorum is not on the ballot in Washington DC and lacks full delegate slates in North Dakota, Ohio and Illinois. Whatever the true number of delegates each are ineligible for, the number is different for both of them.

Santorum’s delegate situation is more complicated given the greater number of states involved and Gingrich looks like the much stronger candidate at this point in time, so for the moment I’m only going to discuss in detail his delegate situation. My independent research concurs with this Wikipedia page that shows that Gingrich only has delegate issues in 3 states – Tennessee, Virginia and Missouri.

Virginia is the easiest and most highly publicized state. Due to the 10,000 signatures required, only Ron Paul and Mitt Romney were able to get on the ballot there. The loss of a chance for 49 delegates is significant, but not a deal breaker by any means for Gingrich.

The situation in Tennessee is a bit more complicated. Tennessee awards 58 delegates, but only 41 through the primary process. 3 are reserved spots for party leaders and 14 are determined by the state Executive Committee. Of the 41 remaining 14 are allocated to the winner of the entire state and the other 27 are allocated through the state’s 9 House districts through a modified proportional system. I went through the official list of Tennessee delegates and was able to determine that Gingrich has 10 delegates-at-large; 5 delegates for the 2nd district; 4 for the 3rd and 6th; 3 each for the 1st, 7th and 8th; 1 in the 4th and 5th; and none in the 9th. Exactly how many delegates Gingrich can win depends on what exactly delegates at large are – can they be on the ballot in any district or are they specifically delegates for the winner of the state? – and whether or not the extra delegates he has in the 2nd, 3rd and 6th Congressional districts can count if he wins the state.

If we assume a worst case scenario for Gingrich, where he wins the state and every Congressional district with 2/3 of the vote and thus would theoretically win all 41 delegates, he might not have 4 state wide delegates, 2 in the 4th and 5th Congressional districts and 3 in the 9th for a potential loss of 11 delegates. The much more likely scenario where Paul and Romney makes the race close enough to win some delegates through the Congressional districts the lost delegates would be even fewer. If Gingrich doesn’t win the state, it would be almost impossible for him to win all 3 delegates in a Congressional district and unlikely that he would win even 2. That would cap his lost delegates at likely 4 or fewer.

The main takeaway from all of this is that, Gingrich’s ballot troubles in Tennessee aren’t able to cost him more than 11 delegates and that scenario would only be if he absolutely crushes Romney and Paul a scenario which would likely have him on his way to the nomination anyways. Out of the 1144 delegates he needs to win, the losses are minimal.

In Missouri, not being on the ballot literally means nothing in terms of delegates. Much like Iowa, the actual vote in Missouri is functionally a giant straw poll. Votes to send delegates to regional and national conventions where actual delegates to the national convention are voted upon is what really counts. Not being on the ballot means Gingrich doesn’t lose out on any potential delegates he might have gotten.

This means that in total, by my calculation the maximum number of delegates that Gingrich is ineligible for is 60. The number would require a sweep of  yet unseen magnitude in this primary season and the real number is likely closer to around 56. The idea that Gingrich’s ballot access issues will have any impact on his chances to win the nomination can only be true in a race of historical competitiveness that would likely end up in a brokered convention anyways.

Update 2/8/12 I wrote about the details of Santorum’s problems in a post here.

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you say they can't get certain delegates for not being on the ballot but go on to say that delegates from those states may be awarded to them anyway, later on down the road after the "Straw polls". I'm not sure if that is allowed. Do you know for a fact that they can still get delegates while being absent from the ballots, or is this just an assumption? Please clarify, it would definitely help one understand, at least a bit, the delegate allocation process.

Patrick McEwen 7 pts moderator

It all depends on the state. Gingrich and Santorum both can't get any delegates from Virginia because they aren't on the ballot. In Missouri, Gingrich wasn't on the ballot for the "straw poll" primary that has already happened. All of the delegates are awarded through the caucus process that has yet to occur, so he can still potentially get all of the Missouri delegates.

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paul_dugas 5 pts

Thank you Patrick, the delegate thing is such a labyrinth and this writeup really puts it into perspective. I can see Gingrich’s (and Santroum's) ballot issues are mute in the big picture - save the fact they did fail to get on all the ballot to begin with.

The GOP is divided from within while in contrast Obama stands without any competition from his own party. Seems to me a brokered convention would be mute within the big picture as well - if it comes to that.

Scary stuff really! The more i understand, the more the GOP nod looks pointless. i look 4 years down the road and see historically low voter turn out. Perhaps we as a nation have become what we resisted.

Brandon Christian 64 pts

This video does help support the nature of the Romney / Paul relationship. That was a very interesting exchange in the debate where Romney backed up and gave Dr. Paul credit for being in the private sector. Paul has also defended Romney's work when Gingrich and Santorum were attacking him on Bain. The Ron Paul campaign as well, for whatever reason, has stayed away from attacking Romney but even in debates comes strongly against Santorum and Gingrich.

Patrick McEwen 7 pts moderator

Above Ground Pools I think many of those exchanges can be chalked up to 2 things. First that Paul and Romney both are much more diplomatic and friendly towards each other. They get along better despite their policy differences. Secondly, that they both view the success of the other as strategic. Romney because he wants to fracture the non-Romney vote as many ways as possible and Paul because of the strategy I outlined here:http://www.capitalfreepress.com/4239-campaign-strategy-ron-paul/ . I don't really buy the idea that they are colluding together and there is some sort of agreement in place that if Ron Paul helps Romney he will get something in return.

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Brandon Christian 64 pts

Patrick McEwen That is an interesting idea. I agreed with that strategy before, but I don't understand how they could make a case to keep that strategy going. I figured with Newt's win in South Carolina that Newt wasn't going anywhere. It also seems like Santorum isn't giving in anytime soon.

Therefore I would've thought they would change gears. But maybe you're right and they are still trying to make it a two person race.

Brandon Christian 64 pts

I wonder if anyone has won without being on all the ballots. It does show a lack of organization.