Missouri Senate Presidential Primary Bill is Off to Conference Committee

The oft-talked about (at least around FHQ) SB 282, differing versions of which have passed the Missouri House and Senate, was sent back to the Senate on Thursday after the House passed its version of the bill. That House Committee Substitute, again, seeks to shift the Show Me state's presidential primary back into March and differs from the Senate-passed version that ties the primary to New Hampshire -- scheduling it for a week after the Granite state's first in the nation contest. Obviously, the House bill required some concurrence from the Senate to move forward and failed to achieve that on Thursday. Absent that, the Senate requested a conference committee to which the House agreed.

SB 282, then, is scheduled to be in conference on Monday, May 9. One thing to note here is that the senator behind the New Hampshire provision in the Senate-passed version (Senator Brad Lager (R-12th, Savannah)) was not among the Senate conferees selected to take part in the conference session.

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Florida Senate Passes House Primary Bill

After a spirited debate, the Florida Senate passed the controversial elections bill (HB 1355) that includes a provision to create a bipartisan committee to select a date for the Sunshine state's presidential primary. On a nearly party line vote, the bill passed 25-13 with the 12 person Democratic caucus being joined by one Republican in opposition to the bill. Democrats in the chamber argued against the bill because of its new constraints on the timing of early voting (Republicans argued that it was only superfluous, sparse voting days that were being trimmed.), the stringent new requirements for third party petitioners (Republicans cited the potential for partisan mischief and raised the specter of ACORN in the process.), and one Democrat even attacked the proposed Presidential Preference Primary Date Selection Committee as unnecessary.

Regardless of the arguments, the bill passed and now heads to Governor Rick Scott's desk. Assuming his signature, Florida will now have the flexibility through the new committee to wait out most states and select a primary date that is advantageous to it while also not infringing on the early states' territory.

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New Jersey Assembly State Government Committee Unanimously Passes Bill to Move Primary Back to June

FHQ just got finished listening in on the New Jersey Assembly State Government Committee's very quick consideration of A 3777. The bill that would shift the Garden state's presidential primary back to June was first introduced by its sponsor, Assemblyman John Wisniewski (D-19th, Sayreville). He prefaced his comments by saying that New Jersey had moved its primary in (2005 and) 2007 as a means of creating a "unique" opportunity for the state's contest, but it was less unique when other states had the same idea. That said, Wisniewski stressed the need to change the date based on the rules changes both the RNC and DNC instituted a year ago and then made the case for June based on the cost savings alone.

No one followed the assemblyman's comments with any testimony and the members of the committee praised the legislation's cost savings before voting unanimously (5-0) to recommend the bill for passage by the full assembly.

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Bill to Cancel Kansas Primary is Off to Conference Committee

Earlier this week, the Kansas House failed to concur with the Senate-amended version of HB 2080 and has subsequently called for a conference committee to which the Senate has agreed. The bill in question is an omnibus elections bill that originally did not include a section canceling the Sunflower state's 2012 presidential primary, but had it added in the Senate. It is doubtful that the primary provision is what is holding the process up, but the House now has before it three bills -- one that originated in the House and two others passed by the Senate -- upon which it has not acted.

As has been stated here previously, Kansas has not held a presidential primary since 1992, and as such the likelihood of the state-funded contest surviving for 2012 is quite low. The state would stand to save upwards of $2 million by cutting the primary for 2012 and forcing the state parties to pay for caucuses instead.

The Washington state legislature has already passed a bill to cancel the Evergreen state's presidential primary. Kansas would join that group should this legislation's sticking points be ironed out prior to the legislature adjourning later this month.

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A Typo That Really Needs to Be Fixed

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Florida Senate Poised to Create Presidential Preference Primary Date Setting Committee

With time running out on the legislative session (Friday, May 6 is the final day.), the Florida Senate moved Thursday on the House omnibus elections bill that would, among other things, create a committee to select a date for the Sunshine state's presidential primary. HB 1355 was first substituted for the Senate version of the bill (SB 2086) and then weathered a slew of Democratic amendments that sought to remove requirements in the bill it viewed as injurious to voters. To Democratic lawmakers the new law would disproportionately affect minority and college aged voters -- primary portions of the Democratic electorate. For FHQ's purposes, however, the main target of interest in this bill is the new committee which will have until October 1 to schedule a date for the presidential primary.

HB 1355 is on the May 5 calendar in the Senate and should see a vote today.

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New Jersey Assembly Committee Set to Examine Moving Presidential Primary Today

From PolitickerNJ:

The Assembly State Government Committee will meet at 2 p.m. to consider legislation (A-3777) sponsored by Assemblyman John Wisniewski (D-Middlesex) to move New Jersey’s presidential primary election back to June.

This is one of three bills (two in the Assembly and one in the Senate) that would eliminate the separate presidential primary, placing it back in June with the primaries for state and local offices. That had been the traditional date for the presidential primary throughout the post-reform era (1972-present) until the 2008 cycle. It has been estimated that consolidating the two sets of contests would save the Garden state approximately $12 million.

Governor Chris Christie (R) has signalled that he is in favor of the cost-savings. If the bill passes the Democratic-controlled legislature, then, it will likely be signed into law.

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A Typo That Really Needs to Be Fixed

The AP is reporting that the House Committee Substitute to Missouri's SB 282 will move the Show Me state's presidential primary to March. That obviously doesn't jibe with what FHQ has been discussing.

From the Missouri Senate's page for SB 282:

The date of the presidential primary is moved from the first Tuesday after the first Monday in February to the first Tuesday after the first Monday in November.

But here's the relevant section from the bill (as has just been passed by the House):

Notwithstanding the provisions of subsection 1 of this section, an election for a presidential primary held pursuant to sections [115.755] 115.758 to 115.785 shall be held on the first Tuesday after the first Monday in March of each presidential election year.

For the record, whoever summarized the bill for the main bill page didn't do the best job. There seems to have been some confusion over the date of the presidential primary (mentions of March are completely excluded) and the primaries for municipal offices (to be held in November). And further for the record, FHQ is also at fault for having missed this discrepancy simply because the HCS version had not been posted when we first reported the November news back in mid-April. No, that's probably not an adequate defense.

In any event, the bill now heads back to the Senate, where it and the House version of the bill (HB 503) both seek to move the primary back to March. So, crisis averted.

...unless the Senate balks at that proposed change and maintains the non-compliant status quo -- a first Tuesday after the first Monday in February date.

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Missouri Senate Presidential Primary Bill Now Heads Back to the Senate After House Passed with Amendments

The House Committee Substitute actually calls for moving the primary back to March, not November as reported below.

The Missouri House today passed the House Committee Substitute to SB 282, the Senate bill initially drafted to shift the Show Me state's presidential primary from the first Tuesday in February to the first Tuesday in March. That bill got out of committee in that form but has been on a rollercoaster ride ever since. Let's take a look back:

• The original SB 282 was amended on the floor of the Senate to anchor the state's primary to New Hampshire -- placing the contest a week after the primary in the Granite state -- and subsequently passed.
• The House meanwhile passed its own version of the bill (HB 503) -- moving to March.
• But then the House got the revised Senate bill, turned a 180 on the bill it had just passed and amended the New Hampshire part in committee and changed the primary to the first Tuesday after the first Monday in November (presumably in the year before the presidential election).

To say the process in Missouri has been a rollercoaster ride, then, may be an understatement. And that November provision was retained in the final and floor-amended version that passed the House today. Of the five amendments added, none of them pertained to the presidential primary provision in the committee substitute. However, the final amendment does add the first Tuesday in February as an option for public elections -- something the House Committee Substitute removes.

Now the bill heads back to the Senate, where the House bill in its original form is due for floor consideration in the very near future. That bill, it seems, is the only hope of moving the Missouri primary to a compliant date. Governor Jay Nixon (D) would be likely to veto any bill that kept the state in violation of the national party delegate selection rules. Of course, the legislature could override that veto like it did the redistricting plan today, but it isn't clear that a similar winning coalition would be there for such a presidential primary plan.

...and so it continues. SB 282 now heads back to the Senate.

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The 2012 Presidential Primary Calendar (5/3/11)

Washington, DC and Oklahoma are on the move as is the presidential primary calendar.

[Click to Enlarge]

Reading the Map:

As was the case with the maps from past cycles, the earlier a contest is scheduled in 2012, the darker the color in which the state is shaded. Florida, for instance, is a much deeper shade of blue in January than South Dakota is in June. There are, however, some differences between the earlier maps and the one that appears above.

1. Several caucus states have yet to select a date for the first step of their delegate selection processes in 2012. Until a decision is made by state parties in those states, they will appear in gray on the map.
2. The states where legislation to move the presidential primary is active are two-toned. One color indicates the timing of the primary according to the current law whereas the second color is meant to highlight the most likely month to which the primary could be moved. [With the exception of Texas, the proposed movement is backward.] This is clear in most states, but in others -- Maryland and Tennessee -- where multiple timing options are being considered, the most likely date is used. Here that is defined as a bill -- or date change -- with the most institutional support. In both cases, the majority party leadership is sponsoring one change over another (February to March in Tennessee and February to April in Maryland). That option is given more weight on the map.
3. Kentucky is unique because the legislation there calls for shifting the primary from May to August. As August is not included in the color coding, white designates that potential move with the May shade of blue. Georgia, too, is unique. The state legislature is considering a bill to shift primary date-setting power from the legislature to the secretary of state. The effect is that the Peach state has a dark blue stripe for its current February primary date and a gray stripe to reflect the fact that a change from that based on the bill in question would put the future 2012 primary date in limbo until December 1 at the latest.
4. Iowa, New Hampshire, Nevada and South Carolina are shaded on the map according to the latest possible date these states would have if Florida opts not to move their primary into compliance with the national party rules. Iowa Republicans and Nevada Republicans and Democrats have decided to accept the party-designated dates, but FHQ operates under the assumption that both will move to a point ahead of the earliest exempt state should one or more move or maintain a February or earlier date.
5. States that are bisected vertically are states where the state parties have different dates for their caucuses and/or primaries. The left hand section is shaded to reflect the state Democratic Party's scheduling while the right is for the state Republican Party's decision on the timing of its delegate selection event.

Reading the Calendar:

1. Caucus states are italicized while primary states are not. Several caucus states are missing from the list because they have not formalized the date on which their contests will be held in 2012. Colorado appears because the caucuses dates there are set by the state, whereas a state like Alaska has caucuses run by the state parties and as such do not have their dates codified in state law.
2. States that have changed dates appear twice (or more) on the calendar; once by the old date and once by the new date. The old date will be struck through while the new date will be color-coded with the amount of movement (in days) in parentheses. States in green are states that have moved to earlier dates on the calendar and states in red are those that have moved to later dates. Arkansas, for example, has moved its 2012 primary and moved it back 104 days from its 2008 position.
3. The date of any primary or caucus moves that have taken place -- whether through gubernatorial signature or state party move -- also appear in parentheses following the state's/party's new entry on the calendar.
4. States with active legislation have links to those bills included with their entries on the calendar. If there are multiple bills they are divided by chamber and/or numbered accordingly.
5. Iowa, New Hampshire, Nevada and South Carolina appear twice. The earlier entry corresponds with the latest possible date these states would have if Florida opts not to move their primary into compliance with the national party rules. The second, later entry for each of the non-exempt states reflects the position the national parties would prefer the earliest states to hold their delegate selection events.

2012 Presidential Primary Calendar

January 2012

Monday, January 16:

Iowa caucuses¹

Tuesday, January 24:

New Hampshire¹

Saturday, January 28:

Nevada caucuses¹

South Carolina¹

A note on the placement of Iowa, New Hampshire, Nevada and South Carolina.

Tuesday, January 31:

Florida (bills: House 1, 2/Senate)

February 2012

Monday, February 6:

Iowa caucuses (moved: 2/8/11) (based on national party rules)

Tuesday, February 7 (Super Tuesday):

Alabama (bills: House 1, 2)

Arkansas

California (bills: Assembly)

Connecticut (bills: House)

Delaware

Georgia (bills: House)

Illinois

Minnesota caucuses (+28) (moved: 3/1/11)

Missouri (bills: House 1, 2, 3/Senate)

Montana Republican caucuses

New Jersey (bills: Assembly 1, 2/Senate)

New York

Oklahoma

Tennessee (bills: House 1, 2, 3/Senate 1, 2, 3)

Utah

Saturday, February 11:

Louisiana (bills: House)

Tuesday, February 14:

Maryland (bills: House/Senate 1, 2)

New Hampshire (based on national party rules)

Virginia

Washington, DC

Saturday, February 18:

Nevada Republican caucuses (-28) (moved: 12/16/10) (based on national party rules)

Nevada Democratic caucuses² (-28) (moved: 2/24/11) (based on national party rules)

Tuesday, February 21:

Hawaii Republican caucuses (+87) (moved: 5/16/09)

Wisconsin

Tuesday, February 28:

Arizona³

Michigan⁴ (bills: House)

South Carolina (based on national party rules)

March 2012

Tuesday, March 6:

Massachusetts⁴ (bills: House)

Ohio

Oklahoma (-28) (bills: House 1, 2, 3/Senate 1, 2) (moved: 5/3/11)

Rhode Island

Texas (bills: House)

Vermont

Virginia (-21) (bills: House 1, 2/Senate) (moved: 3/25/11)

Sunday, March 11:

Maine Democratic caucuses (-28) (moved: 3/27/11)

Tuesday, March 13:

Mississippi

Utah Democratic caucuses (-35) (moved: 3/25/11)

Tuesday, March 20:

Colorado caucuses⁵ (bills: House)

Illinois (-42) (bills: Senate) (signed: 3/17/10)

April 2012

Tuesday, April 3:

Kansas (bills: House/Senate -- cancel primary)

Washington, DC (-49) (bills: Council) (moved: 4/27/11)

Saturday, April 7:

Hawaii Democratic caucuses (-46) (moved: 3/18/11)

Washington Democratic caucuses (-56) (moved: 3/26/11)

Wyoming Democratic caucuses (-28) (moved: 3/16/11)

Saturday, April 14:

Nebraska Democratic caucuses (-60) (moved: 3/5/11)

Sunday, April 15:

Alaska Democratic caucuses (-70) (moved: 4/4/11)

Tuesday, April 24:

Pennsylvania

May 2012

Saturday, May 5:

Michigan Democratic caucuses (-111) (moved: 4/13/11)

Tuesday, May 8:

Indiana

North Carolina (bills: Senate)

West Virginia

Tuesday, May 15:

Idaho (+7) (bills: House) (signed: 2/23/11)

Nebraska

Oregon (bills: House)

Tuesday, May 22:

Arkansas (-107) (bills: House) (signed: 2/4/09)

Idaho

Kentucky (bills: House) (died: legislature adjourned)

Washington (bills: House 1, 2/Senate -- cancel primary)

June 2012

Tuesday, June 5:

Montana (GOP -121) (moved: 6/18/10)

New Mexico⁶ (bills: Senate) (died: legislature adjourned)

North Dakota Democratic caucuses (-121) (moved: 4/21/11)

South Dakota

¹ New Hampshire law calls for the Granite state to hold a primary on the second Tuesday of March or seven days prior to any other similar election, whichever is earlier. Florida is first now, so New Hampshire would be a week earlier at the latest. Traditionally, Iowa has gone on the Monday a week prior to New Hampshire. For the time being we'll wedge South Carolina in on the Saturday between New Hampshire and Florida, but these are just guesses at the moment. Any rogue states could cause a shift.

² The Nevada Democratic caucuses date is based on both DNC rules and the state party's draft delegate selection plan as of February 24, 2011.

³ In Arizona the governor can use his or her proclamation powers to move the state's primary to a date on which the event would have an impact on the nomination. In 2004 and 2008 the primary was moved to the first Tuesday in February.
⁴ Massachusetts and Michigan are the only states that passed a frontloading bill prior to 2008 that was not permanent. The Bay state reverts to its first Tuesday in March date in 2012 while Michigan will fall back to the fourth Tuesday in February.
⁵ The Colorado Democratic and Republican parties have the option to move their caucuses from the third Tuesday in March to the first Tuesday in February.
⁶ The law in New Mexico allows the parties to decide when to hold their nominating contests. The Democrats have gone in early February in the last two cycles, but the GOP has held steady in June. They have the option of moving however.

--

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From around the country, some presidential primary news:

The Alabama Senate Committee on the Constitution, Campaign Finance, Ethics and Elections unanimously passed HB 425 (5-0) today. The bill could see a vote before the full Senate as early as Thursday.

Washington state Democrats called an audible on the date of their presidential caucuses for next year. What was April 7 is now Sunday, April 15. The Rules and Affirmative Action Committees made the change at a party meeting over the weekend.

One of the New Jersey bills to eliminate the separate presidential primary and move it back to June may actually get a committee vote on Thursday. Of course, Sen. Richard Codey, who pushed the move to February four years ago, is against the move.

Superfluous though it may seem, the Oklahoma House passed the Senate-amended version of HB 1615 (73-15) today. Yes, it moves the presidential primary to March 6 -- something HB 1614 already accomplished -- but the bill also moves the primaries for state and local offices from the last Tuesday in July to the last Tuesday in June, among other things.

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