Alternative Bill Would Reestablish a Presidential Primary in Maine but with Ranked Choice Voting

While legislation to reestablish a presidential in Maine under the same conditions as an expired 2016 law awaits a committee work session, another effort with a similar goal in mind has emerged.

The bill, sponsored by state Senate president, Troy Jackson (D-1st, Aroostook) and nine other Senate Democrats, would reestablish a presidential primary option, grant state parties the discretion to opt into using the state-funded contest, and leave the scheduling of the contest up to the secretary of state. LD 1083 provides the Maine secretary of state further guidance on scheduling, limiting the officer to any day in March. Each of those provisions, however, is exactly like those in the previously introduced LD 245.

Yet, LD 1083 is neither a replica of the other bill nor the bill reestablishing a presidential primary for a set second Tuesday in March date promised by the office of the secretary of state. No, LD 1083 is different because not only does it reestablish a presidential primary, but it applies the ranked choice voting system utilized in other primary and general election contests in the Pine Tree state.

Maine is not the first legislature where ranked choice voting has been raised in the context of presidential nominations in 2019. Legislators in neighboring New Hampshire are also considering the adoption of ranked choice voting in its presidential primaries. However, unlike the New Hampshire bill, the Maine effort does not clearly detail how the ranked choice system is to operate. The New Hampshire bill is designed with delegate allocation in mind, cutting off the elimination of candidates at those below the 15 percent threshold instead of winnowing to one winner. The Maine bill does not clearly account for the differences between the presidential primary and those for other offices. That said, the ranked choice law already on the books does grant the secretary of state some discretion in determining the rules of the ranked choice system in a given election. And the state parties, under the bill, are given the ability to select and allocation delegates in "accordance with any reasonable procedures established at the state party convention."

Although this bill has nine Democratic co-sponsors, it remains to be seen whether this bill will supplant the other active bill or anything from the secretary of state as the main vehicle for reestablishing the presidential primary in Maine. There will be a committee hearing on the ranked choice bill next week.

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Side Note: LD 1083 would also establish ranked choice voting as the means by which presidential electors are chosen -- still by congressional district -- as well. In other words, the intent is to apply ranked choice voting to both facets of the presidential election process.


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Related:
1/18/19: Maine Lost its Presidential Primary

2/1/19: Maine Decision to Re-Establish a Presidential Primary Option for 2020 Hinges on Money

2/9/19: Maine Committee Hearing Highlights Familiar Divisions in Caucus to Primary Shifts

3/22/19: Maine Committee Hearing Finds Support for and Roadblocks to a Ranked Choice Presidential Primary

3/30/19: Maine Democrats Signal Caucuses in Draft Delegate Selection Plan, but...

4/23/19: New Super Tuesday Presidential Primary Bill Introduced in Maine

5/10/19: Maine Committee Working Session Offers Little Clarity on 2020 Presidential Primary

6/3/19: Maine Senate Advances Super Tuesday Primary Bill

6/4/19: On to the Governor: Maine House Passes Super Tuesday Presidential Primary Bill

6/19/19: Fate of a Reestablished Presidential Primary in Maine Not Clear Entering Final Legislative Day

6/20/19: Governor Mills' Signature Sets Maine Presidential Primary for Super Tuesday


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Utah House Passes Super Tuesday Presidential Primary Bill

On the final day of the 2019 regular legislative session, the Utah House passed SB 242 by a vote of 66-1 after no discussion on the floor. The measure reestablishes, funds and schedules the presidential primary in the Beehive state for the first Tuesday in March, Super Tuesday.

The change would align the Utah presidential primary with contests in 11 other states and territories (at this time) on the 2020 presidential primary calendar if Governor Gary Herbert (R) signs it into law.

This would potentially be the first time since the 2008 cycle that both parties have had the option of a primary in Utah. It was also held on Super Tuesday that year on February 5. Four years later, only Republicans in Utah held a late June primary; one that would have been non-compliant under DNC rules in 2012 had the party had a competitive nomination race that cycle. Instead Utah Democrats allocated and selected delegates to the national convention in a caucus/convention system. The legislature refused to fund the primary for the 2016 cycle and did not act on legislation to move the February primary option into compliance with national party rules.

SB 242 now heads to Governor Herbert for his consideration.



Related:
2/25/19: Legislation Would Push Reestablished Utah Presidential Primary to Super Tuesday

3/7/19: Super Tuesday Presidential Primary Bill Introduced in Utah

3/11/19 (a): Super Tuesday Presidential Primary Bill Unanimously Passes Senate Committee Stage in Utah

3/11/19 (b): Utah Senate Passes Super Tuesday Presidential Primary Bill


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Washington Presidential Primary Shifts Up to March 10 After Inslee Adds Signature

Presidential candidate and Washington governor, Jay Inslee (D) signed SB 5273 into law on Thursday afternoon, March 14, moving the presidential primary in the Evergreen state from the fourth Tuesday in May to the second Tuesday in March.

The shift gives the governor a glimmer of something positive after Super Tuesday should he make it that far in the currently wide open race.

That said, there is some question as to whether Washington Democrats will ultimately opt for the newly timed primary or for the caucus/convention format the party has used throughout the post-reform era. While the primary law changes the date of the primary, it also alters the operation of the mail-in vote contest. Primary voters will now have to check a box on the Democratic ballot publicly affirming they are Democrats in order to have their ballots counted toward the vote that will determine delegate allocation to the national convention. That was the price Washington had to pay to bring their process (in a state with no partisan registration) in line with the national party rules.

The Washington State Democratic Party will make that primary or caucus determination at its April 7 state central committee meeting. The primary would be on March 10 and the caucuses on March 21. The month of delegate allocation is known, then, but the exact date remains on hold until April.

Washington becomes the first state to have legislation pass and be signed into law moving its primary during the 2019 state legislative session, but follows states like California and North Carolina that moved prior to this year for the 2020 cycle.

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The Washington primary change has been added to the 2020 FHQ Presidential Primary Calendar.


Related:
Washington State Legislation Would Again Try to Move Presidential Primary to March

An Update on March Presidential Primary Bills in Washington: One Bill Through Committee

Washington Senate Passes Democratic March Presidential Primary Bill

Senate-Passed Washington Presidential Primary Bill Passes House Committee Stage on Party Line Vote

Washington State House Passes March Presidential Primary Bill

Washington Democrats Will Allocate Delegates in March, but How?

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Arkansas House Committee Advances March Presidential Primary Bill

After a hearing on SB 445 that saw opposition to the measure moving the presidential year primary from May to March, the Arkansas House Committee on State Agencies and Governmental Affairs passed the legislation on a voice vote.

While the committee passed the bill on to the House floor with a do pass recommendation, there was some resistance. As with the recent floor vote passing the bill on the Senate side, opposition to the two month move came from the from the membership itself. Representative Bruce Cozart (R-24th, Hot Springs) raised the issue that farmer/legislators might face with a later (April) fiscal session pushed back by a conflicting March primary election. The Libertarian Party of Arkansas took issue with the impact of an earlier filing deadline for independent candidates. And those representing both Arkansas county clerks and school boards brought up concerns with respect to the unevenness of the elections calendar from March in presidential years to May in gubernatorial years.

Despite that opposition, the committee passed the bill behind arguments that this legislation would 1) provide Arkansas voters with a voice in the presidential nomination process and 2) actually resolve the uncertainty around primary dates. On the latter point, SB 445 would make permanent the shift of the consolidated primary election in Arkansas rather than making the move, as the legislature did in 2015, but sunsetting the change after 2016. Future legislatures could still change the dates of the primaries, of course, but they would not be forced to look again at moving the date up if it was already in March.

There are not many other states that have uneven consolidated elections calendars like this, but Alabama is one, shifting primaries from March in presidential years to June in midterm years.

SB 445 now moves to the full House for consideration. It has already passed the Senate.


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Related:
2/6/19: Out of Arkansas, An Apparent Challenge to the New Hampshire Primary

2/11/19: Arkansas Lawmaker Signals a Scaling Back of Presidential Primary Legislation

2/16/19: Amendment to Arkansas Bill Eyes March for Presidential Primary Move

3/1/19: New March Presidential Primary Bill Flies Through Arkansas Senate Committee

3/9/19: Arkansas Senate Makes Quick Work of March Presidential Primary Bill

3/19/19: On to the Governor: Super Tuesday Bill Passes Arkansas House

3/25/19: Arkansas Presidential Primary to Super Tuesday


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North Dakota Democrats Plan to Hold March 10 Firehouse Caucuses

North Dakota Democrats on Wednesday, March 13 released for public comment the party's draft 2020 delegate selection plan.

Traditionally, Democrats in the Peace Garden state have conducted caucuses as the means by which the party has allocated delegates to the national convention. But caucus states on the Democratic side face a burden in the 2020 that they have not faced in the past. The onus is on those state parties to make the case to the DNC Rules and Bylaws Committee that they have taken steps to maximize participation in the typically low turnout caucus/convention format. And the evidence thus far indicates that Democratic caucus states are reacting to the new encouragements in Rule 2 in different ways. Iowa Democrats, for example, have proposed new virtual caucuses. Nevada Democrats, too, have laid out plans for early voting in their caucus process.¹

Now, with the release of the draft delegate selection plan, North Dakota Democrats have put their own unique spin on a more participatory caucus. Rather than a traditional moving caucus, the North Dakota Democratic-NPL will essentially conduct a party-run primary. Often this is called a firehouse primary because they have been, more often than not, held in firehouses, but North Dakota Democrats are using the term "firehouse caucus" -- verbiage that came out of the Unity Amendment that created the Unity Reform Commission and later appeared in the URC recommendations -- instead.

The terms -- firehouse caucus or firehouse primary -- are interchangeable as both are party-run primaries where typically no state-funded primary option is available. In practice, the difference rests on how many polling locations are set up. State-funded (and run) primaries offer more locations and theoretically greater participation. And while the party-run version has fewer locations, they run all day rather than the smaller and more rigid window used in the caucus format.

And that is the basic structure of the North Dakota plan. There will be 14 firehouse caucus locations set up throughout the state and polls will be open from 11am-7pm on Tuesday, March 10. [That is twelve weeks earlier than the first Tuesday in June caucuses North Dakota Democrats held in 2016.]

In addition to those changes, the party will also use a vote-by-mail process. What is clear about the vote-by-mail proposal is that it is intended to function much like the virtual caucuses in Iowa. Voters with conflicts during the hours in which the caucuses are in session have an alternative option available to them. And it is an option that is available from January 20-March 3. What is not clear is how the vote-by-mail system will operate; whether it will function on top of the state's vote-by-mail system or not. Most unclear is how ballots will be distributed to voters wanting to take advantage of the process. That is something the Rules and Bylaws Committee will train its sights on when this plan is reviewed.

It should likely be the expectation that other caucus states will fall in line with some variation of this plan rather than what Iowa has done and Nevada plans to do. Later caucus states will not have the same restrictions -- working around New Hampshire -- with their delegate selection plans like the other carve-out caucus states do.


The date of the North Dakota Democratic firehouse caucus will be added to the 2020 FHQ presidential primary calendar.

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¹ There are a great many things left unsaid about details of how the Nevada Democrats are going to accommodate early voting in the caucuses. FHQ will have more on that in a separate post.

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Washington Democrats Will Allocate Delegates in March, but How?

Last week the Washington State Democratic Party released and opened for public comment their draft delegate selection plan for 2020. Only, rather than just one plan, the party released two plans contingent on the mode of delegate allocation the party opts to use during its April 7 central committee meeting. In doing this, the party has made the primary or caucus question the one most likely to draw public comment in the next thirty days before the central committee votes.

And bear in mind that while those comments are not binding on the decision of the state central committee, they are submitted along with the draft delegate selection plan of choice to the DNC Rules and Bylaws Committee as part of the plan approval process. Under the hypothetical scenario, then, that the party chooses to continue with the caucus/convention system as the means by which delegates from the state will be allocated and selected even in the face of public support for the primary, the party would have some explaining to do before the RBC. And that is doubly true considering 1) the Democratic primary bill that has made its way through the Washington state legislature is more likely than not to be signed into law and 2) the RBC will be operating under the guidance of Rule 2.K in which "[state] parties are encouraged to use government-run primaries."

In that situation, the Washington State Democratic Party would have to make a very persuasive case to the RBC for why the party chose caucuses over the primary pushed through and passed by a Democratic-controlled state government. And the Democratic bill got the green light -- that it would be consistent with DNC rules -- from RBC member and WSDP parliamentarian, David McDonald during the committee hearings in each legislative chamber.

That is a tough sell.

It seems, then, that the best case to be made for retaining the caucuses is one in which there is a groundswell of support for it in this public comment stage followed by a state central committee vote in favor of the caucuses.

But assuming Governor Inslee (D) signs SB 5273, then it is quite likely the party opts for the primary.

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Regardless of which option is chosen on April 7 in Washington, the two plans do clearly indicate a couple of important timing points. First, the date listed for the primary in the primary plan is March 10. It is clear then that the state party is assuming the primary bill heading to Inslee's desk -- the one moving the primary from May to March -- will be signed into law. Additionally, the alternate caucuses plan includes a Saturday, March 21 date for precinct caucuses should that plan be adopted and approved by the RBC. Should the party move in that direction, it would constitute a caucus/convention process that begins on the third Saturday in March rather than the fourth Saturday in March on which the precinct caucuses were held in 2016.



Related:
Washington State Legislation Would Again Try to Move Presidential Primary to March

An Update on March Presidential Primary Bills in Washington: One Bill Through Committee

Washington Senate Passes Democratic March Presidential Primary Bill

Senate-Passed Washington Presidential Primary Bill Passes House Committee Stage on Party Line Vote

Washington State House Passes March Presidential Primary Bill

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Utah Senate Passes Super Tuesday Presidential Primary Bill

In the waning days of the 2019 regular session, the Utah legislature is in hurry up mode. The state Senate today suspended the rules on required third readings of bills before blitzing through all the legislation remaining before it that originated in the upper chamber.

That included the first substitute to SB 242, the bill to reestablish a presidential primary in the Beehive state and schedule it for March 3. State Senator Curtis Bramble (R-16th, Utah/Wasatch) quickly introduced the bill on the floor and got an immediate thumbs up on the caucus-to-primary transition from Democratic Senate caucus manager, Senator Derek Kitchen (D-2nd, Salt Lake), who cited the last two cycles with troublesome caucuses on the Democratic side in Utah. The only question Bramble received on the bill concerned its fiscal impact. The $3 million price tag cited in response to Senator Lyle Hillyard's (R-25th, Cache) query was enough to push him into the nay column when the bill came up for a vote.

But Hillyard was only joined by one other member in opposition to the measure, and the bill passed 25-2 (with two additional members absent). SB 242 now moves over to the House side. The session comes to a close on Thursday, March 14.



Related:
2/25/19: Legislation Would Push Reestablished Utah Presidential Primary to Super Tuesday

3/7/19: Super Tuesday Presidential Primary Bill Introduced in Utah

3/11/19 (a): Super Tuesday Presidential Primary Bill Unanimously Passes Senate Committee Stage in Utah


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Democrats Abroad Chart Out an Early March Presidential Preference Vote in Draft Delegate Selection Plan

Since 1976 American citizens and Democrats living and working overseas have had voting rights at the national convention through the Democratic Party Committee Abroad. That is no different for the 2020 cycle when 13 of 21 total delegates to the national convention in Milwaukee will be at stake in a global presidential preference vote.

As was the case in 2016, voting will take place over a week, beginning on Super Tuesday according to the Democrats Abroad draft delegate selection plan. While the voting begins on Super Tuesday, it will end a week later on March 10 should be draft plan be approved by the DNC Rules and Bylaws Committee. Sanders was announced as the winner of the Democrats Abroad preference vote in 2016 nearly two weeks after voting -- which can take place in person, by mail, by email or by fax -- was complete.


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The dates of the DPCA preference vote have been added to the 2020 FHQ presidential primary calendar.

Super Tuesday Presidential Primary Bill Unanimously Passes Senate Committee Stage in Utah

With little discussion on Friday, March 8, the Utah Senate Government Operations Committee unanimously sent SB 242 on to the full state Senate for its consideration.

The committee favorably reported the measure to reestablish a presidential primary in the Beehive state and schedule it for March 3 for the 2020 cycle. The state was without a presidential primary in 2016 and it has been since the 2008 cycle that both major parties in Utah used an available presidential primary in lieu of caucuses. The Utah presidential primary was on Super Tuesday in 2008 as well.

Technically, the bill passed and favorably reported was a substitute version of the original bill introduced by Senator Curtis Bramble (R-16th, Utah/Wasatch). But the change was made in a section concerning the canvassing process and not when or whether the primary would be held or funded.


Related:
2/25/19: Legislation Would Push Reestablished Utah Presidential Primary to Super Tuesday

3/7/19: Super Tuesday Presidential Primary Bill Introduced in Utah

3/11/19 (b): Utah Senate Passes Super Tuesday Presidential Primary Bill


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Arkansas Senate Makes Quick Work of March Presidential Primary Bill

On Thursday, March 7, the Arkansas state Senate moved with little vocal dissent to pass SB 445. The measure would shift up from late May to the first Tuesday in March the consolidated primary, including the presidential primary, in the Natural state.

In an 18-7 vote with another ten members either voting present, not voting or excused the bill passed and was sent to the state House for its consideration. Only Republicans supported the bill while the Democratic caucus was split between opposing the measure and voting present. Two Republicans voted no and explained why as the bill was considered on the Senate floor. One member, Sen. James Sturch (R-19th, Batesville), stood against the legislation due to the unresolved complaints from county elections officials (a dispute that came up during the committee hearing for the bill). The other Republican member in opposition, Sen. Blake Johnson (R-20th, Corning), argued that the bill's residual impact on when the state legislature holds fiscal sessions would disproportionately affect those members in the state in agriculture/farming.

Regardless, the SB 445 easily passed the state Senate and moves Arkansas closer to permanently shifting its presidential election year primaries to March. The House will take up the bill starting next week.


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Related:
2/6/19: Out of Arkansas, An Apparent Challenge to the New Hampshire Primary

2/11/19: Arkansas Lawmaker Signals a Scaling Back of Presidential Primary Legislation

2/16/19: Amendment to Arkansas Bill Eyes March for Presidential Primary Move

3/1/19: New March Presidential Primary Bill Flies Through Arkansas Senate Committee

3/13/19: Arkansas House Committee Advances March Presidential Primary Bill

3/19/19: On to the Governor: Super Tuesday Bill Passes Arkansas House

3/25/19: Arkansas Presidential Primary to Super Tuesday


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