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February 01, 2012
Gingrich Challenging Florida Delegate Apportionment, Citing RNC Rule That No Primary Before April 1 Can Be Winner-Take-All
And thus, the delegates should be apportioned proportionately with the actual vote share.
Fox News has learned exclusively that on Thursday, a Florida Gingrich campaign official will begin the process of trying to have the RNC rules enforced so that the Sunshine State delegates are distributed based on the percentage of the vote each candidate got.
RNC Chairman Reince Priebus warned Florida Republican Party Chairman Lenny Curry of the violation in a December letter quoting the rule, "...'winner-take-all' states cannot hold a primary or caucus before April 1, 2012."
However, it appears Florida was already docked delegates for holding an early primary, so I guess that delegate-docking was supposed to override this general missive. That is, Florida already paid the penalty for violating the rule.