By holding its primary on January 31, Florida has violated Rule 15(b). Like the other states in violation, Florida is suffering the mandatory penalties under Rule 16: loss of fifty percent of its delegates and alternates, and the RNC members from Florida cannot serve as delegates. In addition, the RNC Rules Committee imposed every available discretionary penalty – penalties related to convention seating, guest privileges and hotel location. Thus, all of the penalties authorized under the Rules have been imposed on Florida.

With regard to proportionality, the RNC does not have the authority to intervene in a state’s primary plans beyond the imposition of the Rule 16 penalties. A contest procedure exists for challenges to a state’s delegation or delegates. The RNC cannot consider any issue regarding Florida’s delegation unless and until a proper contest is brought. If a contest is properly and timely filed, the Committee on Contests and the RNC will have the opportunity to hear the contest and determine if there are any further steps to be taken beyond the penalties that have already been imposed.