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What is a contested convention? How does it work?

Former Vice President Joe Biden said in a television interview Sunday that he would battle through a contested Democratic presidential nominating convention if Sen. Bernie Sanders, I-Vermont, comes to the convention without the majority of delegates needed to win the party’s nomination.

Biden, speaking on CNN’s “State of the Union,” said that even if he is in second place by the time the Democratic National Convention comes around in July, he would take on Sanders because the Vermont senator should not be looking for a convention win if he has not followed the rules.

"Yes. I mean, look, the rules have been set. And I find a lot of folks in Bernie's operation are now saying that whoever goes in with the most delegates, even if they're not close or there's a distance from the 19-plus-hundred that we need, that that's — they should be declared the winner," Biden said Sunday. “I wonder where that view was when he was challenging Hillary after she went in with a commanding lead."

"Look, you don't change the rules in the middle of a game," Biden continued. "And I'm not at all certain that we're ... going to win with Bernie ahead. I hope that's not the case. I hope I'm ahead. But we will see. But I think you play by the rules."

Sanders said during a debate last month that he believed that the person with a plurality of delegates should be awarded the nomination, not necessarily the candidate who can get to the number needed to secure the nomination under the Democratic National Committee rules.

Sen. Elizabeth Warren, D-Massachusetts, also indicated on Sunday that she intends to fight for the nomination up to and during the convention, hoping that if a second ballot happens she can marshal enough support to win.

While most states have yet to vote in nominating primaries, talk of a contested convention is growing louder.

What is a contested or brokered convention? Here’s a look at the Democrats’ process.

How many delegates does a candidate need to win the nomination?

A Democratic presidential nominee must have a majority of the 3,979 pledged delegates awarded in state primary and caucus races on the first ballot of the Democratic National Convention nominating vote. That number is 1,991 – half of the 3,979 plus one.

If there is no winner on the first ballot, all the delegates become unpledged – meaning they are not bound to vote for the person they were pledged to.

If no one wins on the first ballot, the convention is considered contested and a second vote (and subsequent votes, as needed) is taken. Once the convention goes to a second ballot, a candidate must get a majority of the delegates now in play at the convention, or 2,376 of 4,750 delegates to secure the nomination.

Is there more than one type of delegate?

There are three types of pledged delegates:

  • At-large delegates – Delegates who are awarded proportionally to candidates who have earned at least 15% of the statewide vote.
  • District-level delegates – Delegates who are awarded to candidates who earn at least 15 % in designated districts, despite what they do in statewide races.
  • Pledged leaders and elected officials (PLEO) – These delegates, party leaders and elected officials within the state, are awarded in the same way as at-large delegates. The number of PLEO delegates is calculated by taking the total number of at-large delegates and district-level delegates for a state and multiplying 0.15.     

What are superdelegates and how do they play a role?

Automatic delegates – known as “superdelegates” – no longer play a role in the first round of delegate voting in the Democratic nominating convention. They were allowed to vote in the first round until after the 2016 convention when the Democratic National Convention rewrote the rules in part to appease Bernie Sanders supporters.

Superdelegates may vote in the second round of nomination voting, and they vote for whomever they please.

There are 771 superdelegates to the 2020 convention.

Who are the superdelegates?

Superdelegates fall into these categories:

  • Members of the Democratic National Committee
  • Democratic members of Congress
  • Democratic governors
  • Distinguished party leaders, like former presidents, vice presidents and cabinet members

Is Joe Biden a superdelegate?

Yes, Biden is a superdelegate, as is Bernie Sanders, Elizabeth Warren and Amy Klobuchar.

Do delegates have to vote for the candidate they are pledged to?

No, they don’t according to the DNC’s delegate selection rules. Delegates are not legally bound to vote for the candidate they are “pledged” to. The DNC rules say delegates “shall in all good conscience reflect the sentiments of those who elected them.”

What happens to the delegates of candidates who drop out of the race?

Two candidates who won delegates in the early primaries and caucuses, former South Bend, Indiana, Mayor Pete Buttigieg and Sen. Amy Klobuchar, D-Minnesota, have suspended their races. The math that happens now that they have left the race is a bit tricky.

It goes like this: Buttigieg won eight at-large delegates in the statewide vote in Iowa and New Hampshire because he had 15% of the vote in those states.

Those delegates are not assigned to him until later this year when the states hold their state conventions. If he is not a candidate in those states then, his delegates will be redistributed among those candidates who won 15% statewide.

The rest of the delegates, 18 or them, will go to the convention and vote for Buttigieg on the first ballot. If no one wins on that ballot, the delegates may vote for whom they wish. A candidate can ask that the delegates vote for a particular candidate, but the delegates are not bound to do with the candidate wants.

The same scenario applies to Klobuchar.