The New Jersey Republican State Committee (NJGOP) will gather on Thursday evening before the big presidential debate, Save Jerseyans, and decide who will represent our state at the Republican National Committee (RNC). One of the two candidates for national committeeman is the incumbent (Bill Palatucci), Chris Christie’s oldest ally, former law partner, and a very vocal detractor of Donald Trump. The challenger is Don Purdy, chairman of the Atlantic County GOP who just received the former president’s formal endorsement.
”Don Purdy and Janice Fields are running for RNC National Committee against Candidates 100% controlled by Sloppy Chris Christie in the Great State of New Jersey,” Trump opined on his Truth Social platform.
I’m told the vote could be close.
Here’s my question for those of you who, like me, enjoy a good legal conundrum: if Palatucci wins, will the state committee need to vote again next month?
My query arises from RNC Rule 4(b) which states the following:
“(b) The Republican National Committee shall have the power to declare vacant the seat of any member who refuses to support the Republican nominee for President of the United States or Vice President of the United States.”
It’s fairly certain that Palatucci won’t be casting a vote for Donald Trump in November, the party’s presumptive nominee and soon-to-be official nominee at next month’s convention in Milwaukee. In fact, he’s been the leading figure of the small but vocal anti-Trump contingent at the RNC, even starring in a Politico article story on the subject last January. He supported Trump’s impeachment in 2021. Last summer, he urged state parties to consider developing “options” in the event that Trump became a convicted felon (which he ultimately did earlier this month).
His X account is loaded with anti-Trump posts. Here’s a small sampling:
Palatucci is also honorary chairman of Christie’s still active Tell It Like It Is PAC which is still selling anti-Trump merchandise on its website. The PAC filed a report of expenditures and disbursements as recently as June 19th.
So let’s circle back to my big question:
Assuming Palatucci sticks with his friend Chris Christie in refusing to support Donald Trump in the general election, can he even serve as national committeeman? Or is he subject to removal pursuant to Rule 4(b) which would consequently trigger a new vote of the NJGOP state committee to fill the vacancy?
What does refuse to support mean? At what point does criticism cross over the line into a disqualifying rules violation?
And how do you define nominee for the purposes of 4(b)?
Trump’s formal nomination (which will happen sometime between July 15th and July 18th) occurs during that familiar convention floor delegate roll call when one state inevitably puts him over the top. But Trump is already the presumptive nominee. The RNC declared as much in a March 2024 press release after Nikki Haley suspended her campaign, and when the new chairman took over, the RNC entered into what’s called joint fundraising agreements (or JFAs) with both the Trump campaign and his affiliated independent expenditure groups.
The rules don’t appear to define “nominee,” but it seems logical that the intent of the rule is avoid a situation where RNC officials are actively undermining the party’s candidate after he or she is a done deal which Donald Trump very much is. Even if a nominee isn’t defined broadly but narrowly – as a title bestowed only when the convention confirms the nominee – Palatucci’s hypothetical reelection presents the same potential problem in a few short weeks.
I’d imagine this is one of many angles on state committee members’ minds as they prepare to gather tomorrow night and make a decision whether to side with Donald Trump or Chris Christie heading into a national convention and one of the most consequential general elections in our nation’s history. If it’s not? Then it sure should be.
