Ben Ginsberg, a Republican elections lawyer who was involved in rule-making process for the 2012 convention, said that Rule 40(b) isn’t transferrable to the 2016 convention. Ginsberg explained to the Washington Examiner that what was passed in 2012 applied only to 2012, and that the 2016 convention must pass its own rule determining nomination eligibilty.
RNC Chairman Reince Priebus confirmed Ginsberg’s assessment on Sunday during a television interview. “There will always be a perception problem if people continue to miss — to not explain the process properly. So, the 2012 rules committee writes the rules for the 2012 convention. The 2016 rules committee writes the rules for the 2016 convention,” he told CNN.