After Humphrey lost badly to Richard Nixon, the Democratic National Committee changed its convention rules in 1972. Democratic delegates were now bound by the results of their state primary or caucus. Each Democratic candidate is now awarded a set number of delegates based on the percentage of the state primary vote that they won. The Republicans followed suit and changed their convention rules so that most of their delegates are also bound or “pledged” to state primary election results.
What Causes a Brokered Convention?
Today, since almost all convention delegates are tied to the winner of their state’s primary, there isn’t much mystery as to how delegates will vote at each party’s national convention. If a candidate wins a majority of the primary vote, they are all but guaranteed to secure their party’s nomination.
In the past, though, there was no such guarantee. Many national party conventions were deeply divided, and it required multiple rounds of voting—and plenty of passionate debate and political horse trading—before delegates settled on a nominee.
Of the 60 national conventions (30 Democratic and 30 Republican) held between 1868 and 1984, 18 of them qualified as brokered conventions (10 Democratic and eight Republican), according to Pew Research. A brokered convention is any convention that requires more than one round of ballots to choose a nominee.
“You have factions within the parties,” says Rudalevige. “They were trading delegates for political favors and trying to build coalitions. It was not uncommon for voting to go into multiple ballots.”
The record-holder was the 1924 Democratic National Convention, which dragged on for 16 days. Back then, Democrats required a two-thirds vote to secure the nomination, not just a simple majority. With the vote evenly split between two fierce political enemies, Democratic delegates voted a whopping 103 times before reaching a consensus. In the end, neither of the frontrunners won. The nomination went to an unknown “dark horse” candidate named John W. Davis.
The last brokered convention happened more than 70 years ago. Coming into the 1952 Democratic National Convention, Senator Estes Kefauver had won 12 state primaries and was the clear frontrunner. But party officials were angry that Kefauver’s televised hearings about organized crime had implicated some prominent Democrats. So they threw their support behind write-in candidate Adlai Stevenson, who won the nomination after three rounds of ballots.
When Delegates are 'Unbound'
Even though it’s been decades since a party nomination was even seriously contested—Jimmy Carter and Edward Kennedy came close in 1980—it’s still possible to have a brokered convention. That’s because the rules tying delegates to primaries are thrown out if voting goes beyond the first ballot.
At the Democratic National Convention, if no candidate wins a majority of the delegates in the first round of voting, all delegates are “unbound,” meaning they can now vote for anyone they want, just like the old days. According to DNC rules, “Eligible delegates may vote for the candidate of their choice whether or not the name of such candidate was placed in nomination.” The only qualification is that the candidate is a registered Democrat.
There is one additional twist for Democrats: If ballots go into a second round, then so-called “Superdelegates” are allowed to vote, too. Superdelegates include Democratic party officials, elected officeholders like members of Congress and governors, and even former presidents. Superdelegates were created to bring some order to the 1984 convention after the mess between Carter and Kennedy in 1980. Superdelegates used to vote in the first round of ballots, too, but that changed in 2016.
The Republican National Committee has the same rule for its national convention. Roughly 7 percent of Republican delegates are “unpledged” to begin with, but if voting goes to a second round, then all delegates are freed from loyalty to the results of their state primaries.
Rudalevige notes that even in the first round of ballots, it’s not technically “illegal” for a delegate to vote against his or her “pledged” candidate, but it’s probably political suicide.
“Everybody who goes to these party conventions is a pretty loyal party member,” says Rudalevige. “They’re active within the party. They want a future within the party. Going back on their word would be a pretty good way to ruin that future.”