Sunday, December 11, 2011

Waiver Granted, Missouri Democrats Will Proceed with February 7 Primary

There has been a revised version of the 2012 Missouri Democratic Party delegate selection plan (dated December 2011) circulating this week.1 It shows the party abandoning the originally proposed, but never fully realized March 6 primary date for the February 7 date on which the state-funded presidential primary will be held according to state law. FHQ's efforts to confirm both this plan and the party's feelings on the likelihood of a waiver -- for an obviously non-compliant primary date -- were ignored by MDP. [Sadly, we've been at it since at least our post on a similar situation in Minnesota and still never spoke to anyone at MDP.]

However, what the state Democratic Party could not confirm was confirmed and then some today -- well, yesterday -- by the Democratic Rules and Bylaws Committee.2 The RBC yesterday not only confirmed the date of the Missouri Democratic primary but also that a waiver had been applied for and granted for a primary date a month ahead of the earliest date for non-exempt states allowed by the national parties. FHQ won't rehash the whole Missouri primary date ordeal, but there was enough obstruction -- whether directly or through intra-party [Republican] division -- from the Republican-controlled General Assembly to prevent a move back a month to March in order to comply with the rules.  There was -- in the eyes of the RBC -- enough of an effort made by Democrats in the state to move the primary to trigger a waiver. Again, though, a waiver is much easier to get in a year in which the Democratic Party is the incumbent party in the White House and is not facing a competitive race for its nomination.

Regardless, Missouri Democrats will be utilizing the February 7 primary as a means of beginning its delegate selection process for 2012.



Hat tip to DemRulz (via The Green Papers) for the news.

--
1 Here is said delegate selection plan:
2012 Missouri Democratic Delegate Selection Plan

2 The RBC also approved waivers for the four exempt states -- Iowa, New Hampshire, Nevada and South Carolina. The states' early positions were protected and none will face sanction for shifting ahead of the Florida primary scheduled for January 31.

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Friday, December 9, 2011

In Lieu of Non-Compliant Primary, Arizona Dems Opt for Late March Caucuses

From the "questions FHQ had but had yet to follow up on" department:

The Arizona Democratic Party, according to the Arizona Republic, has decided abandon what would have been a non-compliant presidential primary on February 28 and instead start the delegate selection process with the already-scheduled district caucuses on March 31 (see page 7 of the proposed delegate selection plan from March 2011 for more on the district caucuses1).

The apparent reason for the change -- the stated reason anyway -- was to save Arizona taxpayers some money. But the Arizona secretary of state's office is absolutely right in the article from the Arizona Republic. Unless all Arizona parties opted out of the primary, the savings are negligible if not nonexistent. What's strange is that the ADP could very easily have filed a waiver with the national party to be exempted from penalties associated with a non-compliant primary. While no Democrats made any effort in the state legislature during the spring session to introduce any bill shifting the date on which the presidential primary was held -- something that is a requirement to have a waiver granted (see Minnesota) -- the matter was out of their hands anyway. As was witnessed in the late summer when Governor Jan Brewer (R) was  threatening to move the primary up to January, the power rested with her and very much out of the hands of any Democrat with any power in the state government. She did not need to use her proclamation power to set a primary on the fourth Tuesday in February because that is the date called for in state law. However, Governor Brewer did use that power and thus demonstrated how little influence the ADP had in the process. State Democratic Parties with no recourse like that (see Florida 2008) are or can be granted some leeway by the party in terms of the penalties associated with a non-compliant contest.

I know what you're thinking. Why does any of this matter anyway? It doesn't. Ultimately, it is up to the state party to decide how it wants to allocate its delegates, and the Arizona Democratic Party, with no real competition in the contest anyway, mind you, has taken the caucus route.


Note: Take note of the fact that the territories have now been added to the map. An updated 2012 presidential primary calendar can be found here.

--
1 There is no updated, finalized and DNC-approved plan posted on the Arizona Democratic Party web page. FHQ has a call into the ADP and will update this information when they get back to me.


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Thursday, December 8, 2011

Jeb Bush is running for president.

No, Jeb Bush isn't running for president.

...yet, if you are to believe Rhodes Cook and Bill Kristol today.

[Sorry. FHQ had to have some fun.]

FHQ is as big a fan of wild speculation as anyone, but there is absolutely no evidence in the post-reform era that a candidate can jump into the nomination process midstream and end up being successful (defined as winning the nomination). Yes, I am fully aware that those in support of this theory are likely to throw the calendar and delegate math in my face. [I know. Me!?! How can the primary calendar be thrown in my face?]

Since the presidential nomination process was reformed ahead of the 1972 cycle, the calendar has become increasingly frontloaded -- more contests clustered at the beginning of the process. The calendar movement occurred in fits and starts across every cycle with the exception of maybe 1992 when slight shifts forward were counteracted by several southern states abandoning the failed -- from the perspective of the Democratic state governments that spearheaded the moves -- Southern Super Tuesday after 1988.

2012 is different, though.

The national party delegate selection rules and the actions of Florida (and Arizona and Michigan) yielded a presidential primary calendar unlike those witnessed throughout much of the post-reform era. 2012 is far more backloaded than earlier calendars and has a quick/early start followed by a lull in February. The only good parallels to 2012 are the very earliest calendars, and those are imperfect comparisons because they occurred during the transition period of the new nomination system. Candidates were still attempting to adapt to the new system and late entries were slightly more common. In the time since, however, the propensity of those on the outside of the process looking in to get into the race has trailed off dramatically.

It just doesn't happen. That does not mean that it cannot happen, it just means that is usually doesn't.

But let's look back at a calendar with a similar delegate math/progression and similar dynamics: the 1992 Democratic nomination race. I know. This comparison has been made before. Bear with FHQ here. Look at the calendar and the delegate progression through the 1992 cycle.

The calendar
There was a two week gap between New Hampshire and Super Tuesday in 1992 as compared to the two and a half week gap between Maine (Those caucus results won't be released until February 11.) and Arizona/Michigan on February 28.  Super Tuesday 2012 follows a week later.

The delegate math
Looking at the delegate math, 1992 and 2012 are also similar. There are three main spikes in each: Super Tuesday, April (the first week in 1992 and the fourth week in 2012) and the first week in June. Those are the big delegate days in each.

The dynamics
The clear similarity between the 1992 Democratic race and the 2012 Republican nomination race is that there is no clear frontrunner; not one that was firmly established in the invisible primary and maintained that position heading into and through the primary calendar. If ever there was a chance for voters to have some buyer's remorse and/or for an outsider (see Mario Cuomo) to jump in, it would have been during the 1992 cycle (see Gennifer Flowers, Paula Jones, "I didn't inhale."). And you know what? Voters in later states did exhibit some buyer's remorse. There was some movement toward Jerry Brown's candidacy, but in the end it wasn't enough to secure the nomination. In fact, it wasn't even close.

A few of caveats:
1) Let's please remember that Democrats then (and now) required the proportional allocation of delegates in all contests. That slows the process down and opens the door even further to the possibility of someone jumping in midstream. And while the RNC has changed the delegate allocation rules for the 2012 cycle, the impact of the change has been grossly overstated to this point. The picture remains incomplete, but state-by-state there are very few substantive changes in the method of delegate allocation as compared to 2008. The Republican nomination process may slow down, but it will be due more to the calendar than to those rules. As such, the 1992 Democratic nomination race serves as a good comparison point that actually offered a slightly greater opportunity -- according to Cook's metric -- to enter the race late.

2) This is a big one. FHQ alluded to the voters above and they all too often get left out of these thought exercises. Look, things change immeasurably once the first votes are cast. Once the votes have been cast and candidates actually start winning something -- You know, something other than straw polls and meaningless polls of states at the end of the process -- the mindset changes. Voters don't typically say, "Crap, Mitt Romney won Iowa. Who else is out there for me to vote for who isn't on the ballot yet in some of these later states?" And voters definitely don't say, "Crap, Newt Gingrich won Iowa and South Carolina and Mitt Romney won New Hampshire, Florida and Nevada. Who else is out there?" No, instead, voters start to either vote for the frontrunner (or someone else in the race -- see Ron Paul's support in the contests after McCain wrapped up the nomination on March 4, 2008.) or in the second scenario, they separate into camps a la the Democratic race in 2008. There may be some shopping around, but on the rare occasions when it occurs, it is shopping around for someone who is already in the race. Voters don't pine for some not in the race. If that was the case, would we not have seen someone else jump into challenge McCain in 2008?

3) The final piece of this puzzle is that we need to examine the conditions under which someone would actually jump into the 2012 race after the contests have actually begun. For 2012, one would have to think that the potential to divide the Republican Party in the scenario where Mitt Romney emerges early or to divide it further in the case that Romney and Gingrich are trading wins is enough to scare most away. If there was a silver bullet candidate out there, he or she would already be in the race. [I thought we settled this during the Chris Christie is reconsidering period.] In other words, it would take a consensus candidate who is not out there or doesn't want to run. Outside of that reality, it would take Obama going into free fall in the polls to possibly bring another Republican into the race. Economic growth projections are good for the first two quarters in 2012, but that could certainly be affected by the  Eurozone situation. Something could also happen on the international stage (Iran flares up for example.). But something like that is likely to help Obama, not hurt him (Rally 'round the flag effect) in the short term. And that underlines the fact that something like that needs to happen in the next couple of months. FHQ just doesn't see that.

--

Let me close by returning to the voters. If they begin to shop around once Romney and/or Gingrich begins winning contests then it will likely be for someone who is already out there and actually has some resources at his or her disposal. Who is that candidate? Well, Bernstein are you paying attention, it is likely to be Rick Perry playing the Jerry Brown role. But like Brown, Perry is likely to in that scenario play spoiler to either Gingrich or Romney than to actually win the nomination himself.

So, for the record, FHQ predicts that the field is set. Sorry Jeb supporters, but you'll have to wait until 2016.


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Wednesday, December 7, 2011

Don't Necessarily Get to Used to the Idea of a June Presidential Primary in Ohio

Did Newt make the deadline in Ohio? Did he not make the filing deadline? At this point, it's moot. [FHQ really should have tried harder to pair up Newt and moot in some of rhyming Shakespearean couplet. Not our strong suit.] Today is the filing deadline for the presidential primary but only because of a technicality. The bill that shifted the presidential primary and the US House primaries from March to June will not take effect until next month and as such the filing deadline -- 90 days before any primary election -- has not been shifted accordingly. A filing deadline, in other words, cannot be instituted and enforced for an election that does not yet exist. That said, that June primary for presidential and US House nominations will be set in stone as of January 20.

...unless it isn't.

The reason FHQ adds that caveat is that the Ohio legislature has not given up hope that a deal can be reached to create one consolidated primary for all offices. The complication is that after today, the March 6 option will be off the table unless there is some effort to reduce the amount of time -- 90 days currently -- between the filing deadline and the primary. Other later options are still a possibility; leaving that 90 day window untouched. In fact, that is exactly the direction the Ohio House appears to be moving. And finally, it appears that Buckeye state legislators will propose a separate, stand-alone bill addressing the presidential primary date (and the date of the other primaries as well).

As FHQ has laid out in detail previously, the Ohio presidential primary situation has been a complete mess. The only state that had more trouble attempting to schedule a primary this cycle has been Missouri, and even then a case could probably be made that Ohio has been worse. The main culprit behind the complication has been that the presidential primary date change(s) have been added to omnibus bills with other controversial elections provisions. The first -- the move from March to May -- is in limbo because it was included in a bill that is perceived by some groups to curb voting access. That led to an effort to put that new law before the voters on the November 2012 ballot and postponed the "effective by" date in the process. The second move -- to solidify the March primary date -- has now met a similar fate. Instead of voting access, the complicating factor is the new redistricting map. But now, finally, legislators seem to have wised up and are considering introducing a bill that would only address the primary date; consolidating the two new sets of primaries on a date later than March 6.

As of now, one date being discussed, and that legislative Democrats are open to, is April 24. That is the same date as the primaries in Connecticut, Delaware, New York, Pennsylvania and Rhode Island. Adding Ohio to the mix on that date would create a contiguous Rust Belt/Northeastern regional primary that would have the third most delegates at stake in the Republican nomination race. Only March 6 and June 5, in that order, are dates that would have more delegates available to the candidates vying for the nomination than April 24. That date would also allow Ohio Republicans to maintain their winner-take-all allocation of delegates and avoid having to allocate at-large delegates proportionally.

The Ohio House was in session today -- as was the relevant State Government and Elections Committee -- but there was no action on the primary date front. The legislature -- both the House and Senate -- will be back in session on December 13 and 14; next Tuesday and Wednesday. Those are the final two session days for the year.

For the record, an April 24 primary would mean a January 25 filing deadline. If a change to that date is not made next week, then January 24 is the only remaining date available prior to January 25 in which both chambers are in session once the legislature reconvenes next year. There may be a change from the June 12 primary date, but that will likely have to take place next week or right before the deadline for the proposed date change.

Never a dull moment in Ohio.


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Monday, December 5, 2011

[2012 Presidential Primary Calendar in Review] Part 1: How We Got Here -- The Legislation

Below are links to the 2011 state legislative bills that moved -- or sought to shift -- the dates on which 31 states' primaries or caucuses will be held during the 2012 cycle. Of the 71 bills introduced, 21 were signed that changed the dates on which primaries will be held, two (Kansas and Washington) were signed canceling primaries altogether, two others (Florida and Georgia) were signed shifting the authority to set the date of a primary, and one bill (Colorado) was signed changing the date of a caucus. 

In a sign of just how powerful the new national party delegate selection rules were -- those that required a March start time for all non-exempt states -- there were only five states (Idaho, Michigan, New Mexico, North Carolina and Texas) with bills to move presidential primaries or caucuses forward from the date specified in the then-current law. Only one of those five bills even passed one legislative chamber. The Idaho legislature shifted primary in the Gem state up by a week in May only to later have the Idaho Republican Party abandon the primary in favor of an earlier caucus. The New Mexico and North Carolina bills sought early but compliant primary dates while the unsuccessful bills in Michigan and Texas would have moved the primaries there to non-compliant dates in January and February, respectively.

The remaining states where bills passed moved back. Five of those states (Alabama, California, New Jersey, Utah and Wisconsin) consolidated their presidential primaries with some state and/or local primaries. Additionally, Michigan's law -- the one changed temporarily for 2008 -- calls for a presidential primary that is concurrent with local school elections. Only Ohio moved in the other direction creating a separate presidential and US House primary because of redistricting issues.

Of the bills below that passed and changed the dates of the presidential primaries, only one (New York) represented a temporary move. New York now has no primary date for any cycle beyond 2012.

Below are the bills:



  • Alabama (HB 32)
  • Alabama (HB 425) -- Passed House 4/26/11 -- Passed Senate 5/26/11 -- Signed 6/9/11
  • California (AB 80) -- Passed Assembly 4/11/11 -- Passed Senate 7/14/11 -- Signed 7/29/11
  • Colorado (SB 189) -- Passed Senate 4/13/11 -- Passed House (amended) 5/3/11 -- Passed Senate 5/5/11 -- Signed 5/27/11
  • Connecticut (HB 6532) -- Passed House 5/18/11 -- Passed Senate 6/7/11 -- Signed 7/8/11
  • Delaware (SB 89) -- Passed Senate 6/16/11 -- Passed House 6/29/11 -- Signed 7/27/11
  • DC (B19-0090) -- Passed Council 4/5/11 -- Signed 4/27/11
  • Florida (HB 695) -- Died: Legislature Adjourned 5/6/11
  • Florida (HB 1355) -- Passed House 4/21/11 -- Passed Senate 5/5/11 -- Signed 5/19/11
  • Florida (SB 860) -- Died: Legislature Adjourned 5/6/11
  • Georgia (HB 454) -- Passed House 3/16/11 -- Passed Senate 4/14/11 -- Signed 5/13/11
  • Idaho (H 14)
  • Idaho (H 60) -- Passed House 2/3/11 -- Passed Senate 2/16/11 -- Signed 2/23/11
  • Kansas (HB 2080) -- Passed House 2/25/11 -- Passed Senate (amended) 4/1/11 -- Passed Senate (amended) 5/12/11 -- Passed House 5/12/11 -- Signed 5/25/11
  • Kansas (HB 2126)
  • Kansas (SB 128) -- Passed Senate 2/23/11
  • Kentucky (SB 4) -- Passed Senate 1/7/11 -- Died: Legislature Adjourned 3/9/11
  • Louisiana (HB 509) -- Passed House 5/26/11 -- Passed Senate (amended) 6/20/11 -- Passed House 6/21/11 -- Signed 6/28/11
  • Maryland (HB 671) -- Passed House 3/23/11 -- Passed Senate 4/5/11 -- Signed 5/10/11
  • Maryland (SB 501) -- Passed Senate 3/29/11
  • Maryland (SB 820)
  • Massachusetts (H 1972)
  • Michigan (HB 4535)
  • Michigan (SB 584) -- Passed Senate 9/15/11 -- Passed House 9/20/11 -- Signed 10/4/11
  • Minnesota (HF 986)
  • Minnesota (SF 696)
  • Missouri (HB 3 -- Special Session) -- Passed House 9/9/11
  • Missouri (HB 10 -- Special Session)
  • Missouri (HB 121)
  • Missouri (HB 503) -- Passed House 3/31/11
  • Missouri (HB 694)
  • Missouri (SB 270) -- Passed Senate 4/21/11 -- Passed House (amended) 5/9/11
  • Missouri (SB 282) -- Passed Senate 3/31/11 -- Passed House (amended) 5/4/11 -- Passed Senate (amended) 5/10/11 -- Passed House 5/13/11 -- Vetoed 7/8/11
  • New Jersey (A757)
  • New Jersey (A3777) -- Passed Assembly 5/9/11 -- Passed Senate 6/29/11 -- Signed 9/26/11
  • New Jersey (S71)
  • New Jersey (S2883) -- Substituted by A 3777 6/29/11
  • New Mexico (SB 572) -- Died: Legislature Adjourned 3/19/11
  • New York (AB 8363) -- Substituted by SB 5753 6/17/11
  • New York (SB 5753) -- Passed Senate 6/17/11 -- Passed Assembly 6/17/11 -- Signed 7/13/11(?)
  • North Carolina (S440)
  • Ohio (HB 194) -- Passed House 5/18/11 -- Passed Senate (amended) 6/23/11 -- Passed House 6/29/11 -- Signed 7/5/11
  • Ohio (HB 318) -- Passed House 9/15/11 -- Passed Senate (amended) 10/20/11 -- Passed House 10/21/11 -- Signed 10/21/11
  • Ohio (HB 369) -- Passed House 12/14/11 -- Passed Senate 12/14/11 -- Signed 12/15/11 
  • Ohio (SB 217)
  • Oklahoma (HB 1057)
  • Oklahoma (HB 1614) -- Passed House 3/14/11 -- Passed Senate 4/25/11 -- Signed 5/2/11
  • Oklahoma (HB 1615) -- Passed House 3/16/11 -- Passed Senate (amended) 4/7/11 -- Passed House 5/3/11 -- Signed 5/10/11
  • Oklahoma (HB 2138)
  • Oklahoma (SB 602) -- Passed Senate 3/8/11
  • Oklahoma (SB 808) -- Passed Senate 3/1/11
  • Oregon (HB 2429)
  • Rhode Island (H 5653) -- Passed House 6/23/11 -- Passed Senate 6/29/11 -- Signed 7/12/11
  • Rhode Island (S 399) -- Passed Senate 4/28/11 -- Passed House (amended) 6/23/11 -- Passed Senate 6/28/11 -- Signed 7/1/11
  • Tennessee (HB 612) -- Passed House 4/14/11 -- Passed Senate 4/25/11 -- Signed 5/9/11
  • Tennessee (HB 760)
  • Tennessee (HB 793)
  • Tennessee (SB 599)
  • Tennessee (SB 929)
  • Tennessee (SB 1875)
  • Texas (HB 318)
  • Texas (SB 100) -- Passed Senate 4/14/11 -- Passed House (no April primary provision) 5/25/11
  • Utah (SB 3004) -- Passed Senate 10/3/11 -- Passed House 10/3/11 -- Signed 10/13/11
  • Virginia (HB 1667) -- Incorporated into HB 1843
  • Virginia (HB 1843) -- Passed House 2/8/11 -- Passed Senate 2/18/11 -- Signed 3/25/11
  • Virginia (SB 1246) -- Passed Senate 2/1/11 -- Passed House 2/15/11 -- Signed 3/25/11
  • Washington (HB 1324)
  • Washington (HB 1860) -- Passed House 3/5/11
  • Washington (SB 5119) -- Passed Senate 4/6/11 -- Passed House 4/19/11 -- Signed 5/12/11
  • Wisconsin (AB 162)
  • Wisconsin (SB 115) -- Passed Senate 6/8/11 -- Passed Assembly 9/13/11 -- Signed 9/30/11


  • Monday, November 28, 2011

    Pending a Likely Waiver, Minnesota Democrats Will Caucus on February 7

    The original plan to hold caucuses on February 7 and release the results on March 6 is back on the table for the Minnesota Democratic-Farmer-Labor Party. According to the party, that option was never off the table despite a change in the posted delegate selection plans. That same delegate selection plan is still posted on the DFL website, but both the events calendar and the party's official call for precinct caucuses/convention indicate that Democratic caucuses -- including a presidential preference vote -- will take place on February 7. To hold a vote on February 7, however, the DFL will need a waiver from the Democratic National Committee as that date violates the national party delegate selection rules on timing.

    Now, this one is complicated because Minnesota is the rare state to have a law on the books that lays out a specific date on which a caucus is to be held. Usually caucus states are states where the state party not only picks up the tab for the contest but also has the latitude to set the date. In the case of Minnesota, the state party is opting into a state-funded option. It ends up being a caucus under the typical primary set up (in terms of funding). What this means for the parties in Minnesota is that they can opt into the state-funded contest or pay for precinct-level caucuses themselves. As is the case with primary states, the lure of a state-funded option is too hard to pass up.

    Truth be told, any state party has the option of pulling out of a state-funded contest, but few do. For the Minnesota DFL, though, there is a conflict between the desire to use the state-funded -- February 7 -- option and the DNC delegate selection rules that prohibit contests -- in non-exempt states -- prior to the first Tuesday in March. The stars may align for the DFL. First of all, the race for the 2012 Democratic presidential nomination is not one that is all that consequential in the grand scheme of things. Presidential Obama will be renominated and will not face a serious challenge in the process. That makes the primaries and caucuses next year largely meaningless and as such the rules, more or less, take a back seat. The DNC, in other words, would be much more willing to look the other way in 2012 than in a year in which there was a competitive nomination race.

    Secondly, "looking the other way" or not, he Minnesota DFL has a fairly strong argument for a waiver in the first place. Yes, the party did not seemingly propose an alternative to the state election law-triggered first Tuesday in February date before March 1 of this year, but Democrats in the Minnesota legislature did rush at the last minute to introduce legislation moving the caucuses back to the first Tuesday in March -- a compliant date under both the DNC and RNC rules. That legislation, however, gained no traction in either Republican-controlled chamber. And that lack of partisan control at the state legislative level is a factor that the DNC Rules and Bylaws Committee considers when looking at a waiver submission. Democrats in the legislature, then, "took all provable, positive steps and acted in good faith to achieve legislative changes to bring the state law into compliance with the pertinent provisions in these rules" (Democratic Delegate Selection Rules, 20.C.7).

    Finally, the fact that the Minnesota DFL is attempting to seal the results from the February 7 caucuses for release on March 6 demonstrates a certain willingness on the state party to meet the national party halfway. The DFL cannot comply with the timing of its "first determining step", but it can attempt to hold the results until the time at which the window for non-exempt states to hold contests begins.

    In an earlier critique of this plan, FHQ wondered aloud about the precedent such a waiver from the DNC might set. That, however, was written at a time when it was unclear just how much of a threat Minnesota's caucuses on both sides of the aisle would affect the earliest states. Now that Iowa, New Hampshire, Nevada and South Carolina are set -- for dates well ahead of Minnesota -- the February 7 date represents no threat. With the damage already done, Minnesota is much more likely to get a pass in 2012 on a non-compliant February date than if this had or will happen in a year when the Democratic nomination is at stake.


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    Tuesday, November 15, 2011

    With September State Primary Set, Massachusetts Presidential Primary Looks Locked in on March 6

    On Friday, November 11, Massachusetts Governor Deval Patrick signed into law H 3788, a supplemental appropriations bill for FY 2012. The bill itself is average fare, but the amendments added provide some hints as to the ultimate calendar location of the presidential primary. As FHQ noted recently, there has been some chatter on the local level pushing H 1972, legislation to consolidate the state primary and the presidential primary in June. Though that talk has increased -- at the local level -- and there is supposedly bipartisan support for consolidating the primaries in the General Court, the enactment of H 3788 casts doubt on the possibility of concurrent primaries in June.

    Why?

    The state primary, typically scheduled for the seventh Tuesday prior to the November general election, has been moved to early September. The September 18 date called for in Massachusetts election law was problematic for several reasons. First, it conflicted with the 45 day buffer between the general election ballot being set and mailed out to service personnel overseas and the general election itself. The 42 days between the primary and the general election was a clear violation of that MOVE act mandate. Additionally, the September 18 date also overlaps with Rosh Hashanah. As a result, talk of moving the primary focused on the week of September 3. September 4 is the Tuesday that week, but lawmakers were concerned with the financial impact paying elections workers overtime for setting up for election day on Labor Day on the 3rd. Massachusetts Secretary of State William Galvin requested that the primary be moved to a non-Tuesday date; in this case Thursday, September 6. An amendment (see p. 708) laying out such a move was added to H 3788 and subsequently passed by both houses of the General Court.  [It is worth noting that this date, or any date during that week, will conflict with the Democratic National Convention in Charlotte.]

    What does this mean for the Massachusetts presidential primary currently scheduled for March 6? Though it is not outside of the realm of possibility, with the state primary already having been shifted once, it is less likely that it will be moved again even to consolidate that set of contests with the presidential primary in June. That means that the Bay state presidential primary is very likely to stay right where it is: March 6.

    Hat tip to Richard Winger at Ballot Access News for the link on local level support for H 1972.


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    Tuesday, November 8, 2011

    Housekeeping: North Carolina Legislation to Move Presidential Primary to March No Longer Active

    With the North Carolina General Assembly convening only periodically to clean up redistricting legislation among other things, the bill (S 440) to shift the presidential primary in the Tarheel state from the first Tuesday after the first Monday in May to the first Tuesday in March appears to be dead. This is particularly so given the fact that the crossover deadline -- to point at which legislation must have passed the originating chamber -- was June 9. That means a couple of things:

    1. North Carolina no longer has active legislation to move the date on which the presidential primary is to occur. As such, it has been reshaded on the 2012 presidential primary calendar map.
    2. However, just because that legislation seemingly died in committee, it does not mean that the effort to move the primary is dead. It is only mostly dead

    To this second point, FHQ would add that time is running out and the willingness to actually shift the date of the presidential primary is lacking. The deadline for the state parties to submit candidate lists to the State Board of Elections is the first Tuesday in February. To maintain a similar three month cushion between that point and when the primary is conducted would mean that deadline would be pushed to -- as it was in the proposed legislation -- December. That point is quickly approaching and after the General Assembly session yesterday to deal with some technical issues in the recently passed redistricting legislation, there is only a full session date for both chambers listed -- on November 27 -- between now and December.


    Additionally, if such a move was to happen, it would have to be pursued through an amendment to a current piece of legislation. There is a path, then, for the North Carolina presidential primary to be moved, but the willingness to do so is almost completely lacking within the legislature. And that does not even raise the issues associated with either creating a separate presidential primary election or moving up all of the primaries; something that would further decrease the likelihood of a move.

    Notes:
    Massachusetts is the only remaining state where legislation to shift the date on which the presidential primary is scheduled is active.


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