SOUTH CAROLINA
Election type: primary
Date: February 29
Number of delegates: 63 [12 at-large, 7 PLEOs, 35 congressional district, 9 automatic/superdelegates]
Allocation method: proportional statewide and at the congressional district level
Threshold to qualify for delegates: 15%
2016: proportional primary
Delegate selection plan
--
Changes since 2016
If one followed the 2016 series on the Republican process here at FHQ, then you may end up somewhat disappointed. The two national parties manage the presidential nomination process differently. The Republican National Committee is much less hands-on in regulating state and state party activity in the delegate selection process than the Democratic National Committee is. That leads to a lot of variation from state to state and from cycle to cycle on the Republican side. Meanwhile, the DNC is much more top down in its approach. Thresholds stay the same. It is a 15 percent barrier that candidates must cross in order to qualify for delegates. That is standard across all states. The allocation of delegates is roughly proportional. Again, that is applied to every state.
That does not mean there are no changes. The calendar has changed as have other facets of the process such as whether a state has a primary or a caucus.
South Carolina retained its protected position on the 2020 primary calendar among the earliest four states in February. One difference over 2016 is that South Carolina has an additional at-large delegate and three more superdelegates, raising the number of at-large delegates to 12 and automatic delegates from six to nine.
Thresholds
The standard 15 percent qualifying threshold applies both statewide and on the congressional district level.
Delegate allocation (at-large and PLEO delegates)
To win any at-large or PLEO (pledged Party Leader and Elected Officials) delegates a candidate must win 15 percent of the statewide vote. Only the votes of those candidates above the threshold will count for the purposes of the separate allocation of these two pools of delegates.
See New Hampshire synopsis for an example of how the delegate allocation math works for all categories of delegates.
Delegate allocation (congressional district delegates)
South Carolina's 35 congressional district delegates are split across seven congressional districts and have more variation across districts than in the previous three states to vote. That variation comes from the measure of Democratic strength South Carolina Democrats are using based on the results of the 2016 presidential election and the 2018 gubernatorial election in the Palmetto state. That method apportions delegates as follows...
CD1 - 6 delegates [Charleston]
CD2 - 4 delegates [Aiken, Clemson]
CD3 - 3 delegates* [Anderson]
CD4 - 4 delegates [Greenville]
CD5 - 5 delegates* [Rock Hill]
CD6 - 8 delegates [Columbia, Orangeburg]
CD7 - 5 delegates* [Florence, Myrtle Beach]
*Bear in mind that districts with odd numbers of national convention delegates are potentially important to winners (and those above the qualifying threshold) within those districts. Rounding up for an extra delegate initially requires less in those districts than in districts with even numbers of delegates.
Delegate allocation (automatic delegates/superdelegates)
Superdelegates are free to align with a candidate of their choice at a time of their choosing. While their support may be a signal to voters in their state (if an endorsement is made before voting in that state), superdelegates will only vote on the first ballot at the national convention if half of the total number of delegates -- pledged plus superdelegates -- have been pledged to one candidate. Otherwise, superdelegates are locked out of the voting unless 1) the convention adopts rules that allow them to vote or 2) the voting process extends to a second ballot. But then all delegates, not just superdelegates will be free to vote for any candidate.
[NOTE: All Democratic delegates are pledged and not bound to their candidates. They are to vote in good conscience for the candidate to whom they have been pledged, but technically do not have to. But they tend to because the candidates and their campaigns are involved in vetting and selecting their delegates through the various selection processes on the state level. Well, the good campaigns are anyway.]
Selection
All 54 pledged delegates in South Carolina will be selected at the state convention on May 30. District delegates will be chosen in district caucuses at the convention based on district results to the February primary while the full body will select both PLEO and then at-large delegates based on the statewide results.
Importantly, if a candidate drops out of the race before the selection of statewide delegates, then any statewide delegates allocated to that candidate will be reallocated to the remaining candidates. If Candidate X is in the race in late May when the South Carolina statewide delegate selection takes place but Candidate Y is not, then any statewide delegates allocated to Candidate Y in the February primary would be reallocated to Candidate X. [This same feature is not something that applies to district delegates.] This reallocation only applies if a candidate has fully dropped out. Candidates with suspended campaigns are still candidates and can fill those slots allocated them.
Sunday, February 23, 2020
Friday, February 21, 2020
2020 Democratic Delegate Allocation: NEVADA
Updated: 2/22/20
NEVADA
Election type: caucus
Date: February 22
Number of delegates: 49 [8 at-large, 5 PLEOs, 23 congressional district, 13 automatic/superdelegates]
Allocation method: proportional statewide and at the congressional district level
Threshold to qualify for delegates: 15%
2016: proportional caucuses
Delegate selection plan
--
Changes since 2016
If one followed the 2016 series on the Republican process here at FHQ, then you may end up somewhat disappointed. The two national parties manage the presidential nomination process differently. The Republican National Committee is much less hands-on in regulating state and state party activity in the delegate selection process than the Democratic National Committee is. That leads to a lot of variation from state to state and from cycle to cycle on the Republican side. Meanwhile, the DNC is much more top down in its approach. Thresholds stay the same. It is a 15 percent barrier that candidates must cross in order to qualify for delegates. That is standard across all states. The allocation of delegates is roughly proportional. Again, that is applied to every state.
That does not mean there are no changes. The calendar has changed as have other facets of the process such as whether a state has a primary or a caucus.
Nevada retained its protected position on the 2020 primary calendar among the earliest four states in February. One difference over 2016 is that Nevada has an additional at-large delegate and four more superdelegates, raising the number of at-large delegates to eight and automatic delegates from eight to 12.
Additionally, the Nevada Democratic Party also added an early voting option in order to comply with some of the national party encouragements in Rule 2 to increase nomination contest participation. Silver state Democrats kept the caucuses, but added a layer. Unlike Iowa, where satellite caucus tallies were added to congressional district totals, the Nevada caucus early vote will feed directly in to the precinct in which the early voter would have cast his or her ballot (if they had shown up for the caucuses on February 22). Early voters are given a ranked choice voting preference card on which they select their top three preferences. That should reallocate most early caucus voters to a second or third preference if their first choice does not reach viability in the first round of caucusing.
[Theoretically, it is possible that an early caucusgoer's third option will also not be viable. There are 11 candidates listed but only seven are still active. Up to only six candidates can reach the 15 percent viability threshold. Any caucusgoer who has a top three of the odd candidate out and/or two to three candidates no longer active will not be counted in the final expression since they will not have any viable choices.]
Thresholds
The standard 15 percent qualifying threshold applies in Nevada both statewide and on the congressional district level.
But that 15 percent is arrived at in a different manner than in primary states. As in Iowa, candidates either reach viability -- the 15 percent threshold -- in the first expression of preference or they do not. Those who do, are viable for the next round while supporters of those who do not qualify are free to realign to viable candidate groups in their precinct for the final expression of preference.
And although the Nevada Democratic Party delegate selection plan does not specify what the national delegate allocation is tethered to -- other than "final expression" -- those final expression data are filtered through the number of delegates each precinct will send to the county conventions. That is then mapped onto the national convention delegate totals both statewide (at-large and PLEO) and at the congressional district level. Again, as in Iowa, Nevada will have a sort of state delegate equivalent datapoint from which national delegate allocation will be calculated.
The interesting quirk here is that all county delegates -- that important intermediary datapoint that is the final number each precinct is calculating for each viable candidate -- are not created equally. The number of county delegates each county receives is based on the number of Democratic voters registered in that county. But the scale is not uniform.
And the rough dividing line is between the seven counties with more than 4000 Democratic registrants and the ten counties with fewer than 4000 Democratic registrants.
In the seven counties with more than 4000 Democratic registrants, precincts receive one county delegate for every 50 registered Democrats. But the scale is different for counties with fewer than 4000 Democratic registrants. In those counties -- again, depending on size of the registrant pool -- the ratio of county delegates apportioned to Democratic registrants ranges from one county delegate for every five registered Democrats on the smaller end to one county delegate for every 35 registered Democrats in the counties with registered Democratic voter totals approaching 4000.
This may seem like a small thing on the surface, but it potentially matters for delegate allocation. First of all, it means that the smaller 10 counties end up punching slightly above their weight. Their share of county delegates is roughly greater than their share of Democratic registrants. The opposite is true for the seven largest counties. Their ratio of county delegates to Democratic registrants actually penalizes them relative to the smaller counties.
Now, there are a couple of caveats to add to all of this. While this would seemingly advantage the smaller, more rural counties in the state -- those with fewer Democrats -- the two largest counties (Clark and Washoe) make up over 90 percent of the registered Democrats in Nevada and almost 90 percent of the county delegate total.
To exploit the smaller counties in the national convention delegate count, then means keeping things close in the largest counties and running up the score in the smaller counties.
This is exactly how Obama got the better of Clinton in Nevada despite losing the popular vote there in 2008. Things were razor close in the big counties while Obama juiced the rural counties, dominating the county delegates race and thus the national convention delegates.
That brings things to the second caveat. The relationship between smaller and larger counties in Nevada and delegate count is much more straightforward in a two candidate, one-on-one race. In a multi-candidate race, it could mean that a candidate attempting to duplicate Obama's strategy outside of the big counties could be the only one above the viability threshold and take all of the county delegates from a given small county precinct. And that could serve to augment any advantages said candidate has in other areas of the state. If Sanders, as the current polling seems to suggest, has a cushion across the state, then he could do well in the larger counties, but also use the enthusiasm of activist supporters in those rural counties to shut others out of the county delegates and in the end some share of the national convention delegates.
Delegate allocation (at-large and PLEO delegates)
To win any at-large or PLEO (pledged Party Leader and Elected Officials) delegates a candidate must win 15 percent of the statewide vote. Only the votes of those candidates above the threshold will count for the purposes of the separate allocation of these two pools of delegates.
See New Hampshire synopsis for an example of how the delegate allocation math works for all categories of delegates.
Delegate allocation (congressional district delegates)
Nevada's 23 congressional district delegates are split across four congressional districts and all four have roughly the same Democratic strength based on the results of the 2012 and 2016 presidential elections in the Silver state. That method apportions delegates as follows...
CD1 - 5 delegates*
CD2 - 6 delegates
CD3 - 6 delegates
CD4 - 6 delegates
*Bear in mind that districts with odd numbers of national convention delegates are potentially important to winners within those districts. Rounding up for an extra delegate requires less in those districts than in districts with even numbers of delegates.
Delegate allocation (automatic delegates/superdelegates)
Superdelegates are free to align with a candidate of their choice at a time of their choosing. While their support may be a signal to voters in their state (if an endorsement is made before voting in that state), superdelegates will only vote on the first ballot at the national convention if half of the total number of delegates -- pledged plus superdelegates -- have been pledged to one candidate. Otherwise, superdelegates are locked out of the voting unless 1) the convention adopts rules that allow them to vote or 2) the voting process extends to a second ballot. But then all delegates, not just superdelegates will be free to vote for any candidate.
[NOTE: All Democratic delegates are pledged and not bound to their candidates. They are to vote in good conscience for the candidate to whom they have been pledged, but technically do not have to. But they tend to because the candidates and their campaigns are involved in vetting and selecting their delegates through the various selection processes on the state level. Well, the good campaigns are anyway.]
Selection
All 36 pledged delegates in Nevada will be selected at the state convention on May 30. District delegates will be chosen in district caucuses at the convention based on district results to the February precinct caucuses while the full body will select both PLEO and then at-large delegates based on the statewide results.
Importantly, if a candidate drops out of the race before the selection of statewide delegates, then any statewide delegates allocated to that candidate will be reallocated to the remaining candidates. If Candidate X is in the race in late May when the Nevada statewide delegate selection takes place but Candidate Y is not, then any statewide delegates allocated to Candidate Y would be reallocated to Candidate X. [This same feature is not something that applies to district delegates.] This reallocation only applies if a candidate has fully dropped out. Candidates with suspended campaigns are still candidates and can fill those slots allocated them.
NEVADA
Election type: caucus
Date: February 22
Number of delegates: 49 [8 at-large, 5 PLEOs, 23 congressional district, 13 automatic/superdelegates]
Allocation method: proportional statewide and at the congressional district level
Threshold to qualify for delegates: 15%
2016: proportional caucuses
Delegate selection plan
--
Changes since 2016
If one followed the 2016 series on the Republican process here at FHQ, then you may end up somewhat disappointed. The two national parties manage the presidential nomination process differently. The Republican National Committee is much less hands-on in regulating state and state party activity in the delegate selection process than the Democratic National Committee is. That leads to a lot of variation from state to state and from cycle to cycle on the Republican side. Meanwhile, the DNC is much more top down in its approach. Thresholds stay the same. It is a 15 percent barrier that candidates must cross in order to qualify for delegates. That is standard across all states. The allocation of delegates is roughly proportional. Again, that is applied to every state.
That does not mean there are no changes. The calendar has changed as have other facets of the process such as whether a state has a primary or a caucus.
Nevada retained its protected position on the 2020 primary calendar among the earliest four states in February. One difference over 2016 is that Nevada has an additional at-large delegate and four more superdelegates, raising the number of at-large delegates to eight and automatic delegates from eight to 12.
Additionally, the Nevada Democratic Party also added an early voting option in order to comply with some of the national party encouragements in Rule 2 to increase nomination contest participation. Silver state Democrats kept the caucuses, but added a layer. Unlike Iowa, where satellite caucus tallies were added to congressional district totals, the Nevada caucus early vote will feed directly in to the precinct in which the early voter would have cast his or her ballot (if they had shown up for the caucuses on February 22). Early voters are given a ranked choice voting preference card on which they select their top three preferences. That should reallocate most early caucus voters to a second or third preference if their first choice does not reach viability in the first round of caucusing.
[Theoretically, it is possible that an early caucusgoer's third option will also not be viable. There are 11 candidates listed but only seven are still active. Up to only six candidates can reach the 15 percent viability threshold. Any caucusgoer who has a top three of the odd candidate out and/or two to three candidates no longer active will not be counted in the final expression since they will not have any viable choices.]
Thresholds
The standard 15 percent qualifying threshold applies in Nevada both statewide and on the congressional district level.
But that 15 percent is arrived at in a different manner than in primary states. As in Iowa, candidates either reach viability -- the 15 percent threshold -- in the first expression of preference or they do not. Those who do, are viable for the next round while supporters of those who do not qualify are free to realign to viable candidate groups in their precinct for the final expression of preference.
And although the Nevada Democratic Party delegate selection plan does not specify what the national delegate allocation is tethered to -- other than "final expression" -- those final expression data are filtered through the number of delegates each precinct will send to the county conventions. That is then mapped onto the national convention delegate totals both statewide (at-large and PLEO) and at the congressional district level. Again, as in Iowa, Nevada will have a sort of state delegate equivalent datapoint from which national delegate allocation will be calculated.
The interesting quirk here is that all county delegates -- that important intermediary datapoint that is the final number each precinct is calculating for each viable candidate -- are not created equally. The number of county delegates each county receives is based on the number of Democratic voters registered in that county. But the scale is not uniform.
And the rough dividing line is between the seven counties with more than 4000 Democratic registrants and the ten counties with fewer than 4000 Democratic registrants.
In the seven counties with more than 4000 Democratic registrants, precincts receive one county delegate for every 50 registered Democrats. But the scale is different for counties with fewer than 4000 Democratic registrants. In those counties -- again, depending on size of the registrant pool -- the ratio of county delegates apportioned to Democratic registrants ranges from one county delegate for every five registered Democrats on the smaller end to one county delegate for every 35 registered Democrats in the counties with registered Democratic voter totals approaching 4000.
This may seem like a small thing on the surface, but it potentially matters for delegate allocation. First of all, it means that the smaller 10 counties end up punching slightly above their weight. Their share of county delegates is roughly greater than their share of Democratic registrants. The opposite is true for the seven largest counties. Their ratio of county delegates to Democratic registrants actually penalizes them relative to the smaller counties.
Now, there are a couple of caveats to add to all of this. While this would seemingly advantage the smaller, more rural counties in the state -- those with fewer Democrats -- the two largest counties (Clark and Washoe) make up over 90 percent of the registered Democrats in Nevada and almost 90 percent of the county delegate total.
To exploit the smaller counties in the national convention delegate count, then means keeping things close in the largest counties and running up the score in the smaller counties.
This is exactly how Obama got the better of Clinton in Nevada despite losing the popular vote there in 2008. Things were razor close in the big counties while Obama juiced the rural counties, dominating the county delegates race and thus the national convention delegates.
That brings things to the second caveat. The relationship between smaller and larger counties in Nevada and delegate count is much more straightforward in a two candidate, one-on-one race. In a multi-candidate race, it could mean that a candidate attempting to duplicate Obama's strategy outside of the big counties could be the only one above the viability threshold and take all of the county delegates from a given small county precinct. And that could serve to augment any advantages said candidate has in other areas of the state. If Sanders, as the current polling seems to suggest, has a cushion across the state, then he could do well in the larger counties, but also use the enthusiasm of activist supporters in those rural counties to shut others out of the county delegates and in the end some share of the national convention delegates.
Delegate allocation (at-large and PLEO delegates)
To win any at-large or PLEO (pledged Party Leader and Elected Officials) delegates a candidate must win 15 percent of the statewide vote. Only the votes of those candidates above the threshold will count for the purposes of the separate allocation of these two pools of delegates.
See New Hampshire synopsis for an example of how the delegate allocation math works for all categories of delegates.
Delegate allocation (congressional district delegates)
Nevada's 23 congressional district delegates are split across four congressional districts and all four have roughly the same Democratic strength based on the results of the 2012 and 2016 presidential elections in the Silver state. That method apportions delegates as follows...
CD1 - 5 delegates*
CD2 - 6 delegates
CD3 - 6 delegates
CD4 - 6 delegates
*Bear in mind that districts with odd numbers of national convention delegates are potentially important to winners within those districts. Rounding up for an extra delegate requires less in those districts than in districts with even numbers of delegates.
Delegate allocation (automatic delegates/superdelegates)
Superdelegates are free to align with a candidate of their choice at a time of their choosing. While their support may be a signal to voters in their state (if an endorsement is made before voting in that state), superdelegates will only vote on the first ballot at the national convention if half of the total number of delegates -- pledged plus superdelegates -- have been pledged to one candidate. Otherwise, superdelegates are locked out of the voting unless 1) the convention adopts rules that allow them to vote or 2) the voting process extends to a second ballot. But then all delegates, not just superdelegates will be free to vote for any candidate.
[NOTE: All Democratic delegates are pledged and not bound to their candidates. They are to vote in good conscience for the candidate to whom they have been pledged, but technically do not have to. But they tend to because the candidates and their campaigns are involved in vetting and selecting their delegates through the various selection processes on the state level. Well, the good campaigns are anyway.]
Selection
All 36 pledged delegates in Nevada will be selected at the state convention on May 30. District delegates will be chosen in district caucuses at the convention based on district results to the February precinct caucuses while the full body will select both PLEO and then at-large delegates based on the statewide results.
Importantly, if a candidate drops out of the race before the selection of statewide delegates, then any statewide delegates allocated to that candidate will be reallocated to the remaining candidates. If Candidate X is in the race in late May when the Nevada statewide delegate selection takes place but Candidate Y is not, then any statewide delegates allocated to Candidate Y would be reallocated to Candidate X. [This same feature is not something that applies to district delegates.] This reallocation only applies if a candidate has fully dropped out. Candidates with suspended campaigns are still candidates and can fill those slots allocated them.
Tuesday, February 11, 2020
2020 Democratic Delegate Allocation: NEW HAMPSHIRE
NEW HAMPSHIRE
Election type: primary
Date: February 11
Number of delegates: 33 [5 at-large, 3 PLEOs, 16 congressional district, 9 automatic/superdelegates]
Allocation method: proportional statewide and at the congressional district level
Threshold to qualify for delegates: 15%
2016: proportional primary
Delegate selection plan
--
Changes since 2016
If one followed the 2016 series on the Republican process here at FHQ, then you may end up somewhat disappointed. The two national parties manage the presidential nomination process differently. The Republican National Committee is much less hands-on in regulating state and state party activity in the delegate selection process than the Democratic National Committee is. That leads to a lot of variation from state to state and from cycle to cycle on the Republican side. Meanwhile, the DNC is much more top down in its approach. Thresholds stay the same. It is a 15 percent barrier that candidates must cross in order to qualify for delegates. That is standard across all states. The allocation of delegates is roughly proportional. Again, that is applied to every state.
That does not mean there are no changes. The calendar has changed as have other facets of the process such as whether a state has a primary or a caucus.
New Hampshire retained its protected position on the 2020 primary calendar as the first-in-the-nation primary and the second contest on the second Tuesday in February. The one difference over 2016 is that New Hampshire has an additional superdelegate, raising the number of automatic delegates from eight to nine. All the other delegate subgroupings are just the same as they were in 2016.
Thresholds
The standard 15 percent qualifying threshold applies in New Hampshire both statewide and on the congressional district level.
Delegate allocation (at-large and PLEO delegates)
To win any at-large or PLEO (pledged Party Leader and Elected Officials) delegates a candidate must win 15 percent of the statewide vote. Only the votes of those candidates above the threshold will count for the purposes of the separate allocation of these two pools of delegates.
If Candidate X receives 25 percent of the vote statewide and Candidate Y is the only other candidate above 15 percent with a 20 percent share of support then only that 45 percent total will apply to the allocation of the at-large and PLEO delegates. Those two candidates' total votes will be the denominator in the allocation formula. Candidate X would end up with 56 percent of the statewide delegates while Candidate Y would take the remaining 44 percent.
In New Hampshire under this scenario:
At-large (5 delegates)
Candidate X would be allocated 2.778 delegates [= 5 at-large delegates * .556] -- rounds to 3 delegates
Candidate Y would be allocated 2.222 delegates [= 5 at-large delegates * .444] -- rounds to 2 delegates
PLEO (3 delegates)
Candidate X would be allocated 1.667 delegates [= 3 PLEO delegates * .556] -- rounds to 2 delegates
Candidate Y would be allocated 1.333 delegates [= 5 PLEO delegates * .444] -- rounds to 1 delegate
Candidate X would be allocated 5 statewide delegates and Candidate Y would earn the remaining 3.
It is worth pointing out that this is uniform across the primary states. At-large and PLEO delegates are separate pools and allocated separately not together. However, both are based on the statewide vote. But because they are separated the rounding work out differently. That is especially true in smaller sized states. In the New Hampshire example above, had all of the statewide delegates been pooled and allocated together, then both candidates in the above scenario would have received four delegates each. The separated allocation led to Candidate X gaining an extra delegate. Yes, just one delegate, but depending on how close the delegate counts remain over time, then that difference multiplied across 57 contests may matter.
Delegate allocation (congressional district delegates)
New Hampshire has just two congressional districts and each of them has eight delegates that are allocated based on the results within the congressional district. Using the above scenario, one can assume that Candidate X won 27 percent in the first congressional district while Candidate Y took just 18 percent. Additionally, we can add a Candidate Z who finished statewide with 14 percent of the vote but 15 percent in the first congressional district.
CD1 (8 delegates)
Candidate X would be allocated 3.600 delegates [= 8 district delegates * .450] -- rounds to 4 delegates
Candidate Y would be allocated 2.400 delegates [= 8 district delegates * .300] -- rounds to 2 delegates
Candidate Z would be allocated 2.000 delegates [= 8 district delegates * .250] -- rounds to 2 delegates
In the event that too many delegates are allocated due to rounding, then candidate with the smallest remainder would lose a delegate. Should all of the delegates not be allocated, then the candidate with the largest remainder would receive any unallocated delegate.
In the second congressional district, one can assume (for simplicity) a tie between Candidate X and Candidate Y at 22.5 percent each.
Candidate Y would be allocated 4.000 delegates [= 8 district delegates * .500] -- rounds to 4 delegates
The point here across these two congressional district examples is to explore the different ways the allocation can go depending on how many candidates are above the threshold.
Delegate allocation (automatic delegates/superdelegates)
Superdelegates are free to align with a candidate of their choice at a time of their choosing. While their support may be a signal to voters in their state (if an endorsement is made before voting in that state), superdelegates will only vote on the first ballot at the national convention if half of the total number of delegates -- pledged plus superdelegates -- have been pledged to one candidate. Otherwise, superdelegates are locked out of the voting unless 1) the convention adopts rules that allow them to vote or 2) the voting process extends to a second ballot. But then all delegates, not just superdelegates will be free to vote for any candidate.
[NOTE: All Democratic delegates are pledged and not bound to their candidates. They are to vote in good conscience for the candidate to whom they have been pledged, but technically do not have to. But they tend to because the candidates and their campaigns are involved in vetting and selecting their delegates through the various selection processes on the state level. Well, the good campaigns are anyway.]
Selection
New Hampshire district delegates were slated and selected in a January 25, 2020 pre-primary caucus. Who fills those slots will be determined by the results in the congressional districts during the primary.
PLEO and then at-large delegates in that order will be selected at an April 25, 2020 post-primary caucus by the district delegates filled from the slates chosen in the pre-primary caucus. Those district delegates will be divided into groups based on presidential preference and those subgroups will choose any at-large and PLEO delegates allocated to the candidate to whom they are pledged. The district delegates for Candidate X would select the two PLEO and then 3 at-large delegates allocated to Candidate X based on the statewide result.
Importantly, if a candidate drops out of the race before the selection of statewide delegates, then any statewide delegates allocated to that candidate will be reallocated to the remaining candidates. If Candidate X is in the race in late April when the New Hampshire statewide delegate selection takes place but Candidate Y is not, then the three statewide delegates Candidate Y won would be reallocated to Candidate X. [This same feature is not something that applies to district delegates.] This reallocation only applies if a candidate has fully dropped out. Candidates with suspended campaigns are still candidates and can fill those slots allocated them.
Election type: primary
Date: February 11
Number of delegates: 33 [5 at-large, 3 PLEOs, 16 congressional district, 9 automatic/superdelegates]
Allocation method: proportional statewide and at the congressional district level
Threshold to qualify for delegates: 15%
2016: proportional primary
Delegate selection plan
--
Changes since 2016
If one followed the 2016 series on the Republican process here at FHQ, then you may end up somewhat disappointed. The two national parties manage the presidential nomination process differently. The Republican National Committee is much less hands-on in regulating state and state party activity in the delegate selection process than the Democratic National Committee is. That leads to a lot of variation from state to state and from cycle to cycle on the Republican side. Meanwhile, the DNC is much more top down in its approach. Thresholds stay the same. It is a 15 percent barrier that candidates must cross in order to qualify for delegates. That is standard across all states. The allocation of delegates is roughly proportional. Again, that is applied to every state.
That does not mean there are no changes. The calendar has changed as have other facets of the process such as whether a state has a primary or a caucus.
New Hampshire retained its protected position on the 2020 primary calendar as the first-in-the-nation primary and the second contest on the second Tuesday in February. The one difference over 2016 is that New Hampshire has an additional superdelegate, raising the number of automatic delegates from eight to nine. All the other delegate subgroupings are just the same as they were in 2016.
Thresholds
The standard 15 percent qualifying threshold applies in New Hampshire both statewide and on the congressional district level.
Delegate allocation (at-large and PLEO delegates)
To win any at-large or PLEO (pledged Party Leader and Elected Officials) delegates a candidate must win 15 percent of the statewide vote. Only the votes of those candidates above the threshold will count for the purposes of the separate allocation of these two pools of delegates.
If Candidate X receives 25 percent of the vote statewide and Candidate Y is the only other candidate above 15 percent with a 20 percent share of support then only that 45 percent total will apply to the allocation of the at-large and PLEO delegates. Those two candidates' total votes will be the denominator in the allocation formula. Candidate X would end up with 56 percent of the statewide delegates while Candidate Y would take the remaining 44 percent.
In New Hampshire under this scenario:
At-large (5 delegates)
Candidate X would be allocated 2.778 delegates [= 5 at-large delegates * .556] -- rounds to 3 delegates
Candidate Y would be allocated 2.222 delegates [= 5 at-large delegates * .444] -- rounds to 2 delegates
PLEO (3 delegates)
Candidate X would be allocated 1.667 delegates [= 3 PLEO delegates * .556] -- rounds to 2 delegates
Candidate Y would be allocated 1.333 delegates [= 5 PLEO delegates * .444] -- rounds to 1 delegate
Candidate X would be allocated 5 statewide delegates and Candidate Y would earn the remaining 3.
It is worth pointing out that this is uniform across the primary states. At-large and PLEO delegates are separate pools and allocated separately not together. However, both are based on the statewide vote. But because they are separated the rounding work out differently. That is especially true in smaller sized states. In the New Hampshire example above, had all of the statewide delegates been pooled and allocated together, then both candidates in the above scenario would have received four delegates each. The separated allocation led to Candidate X gaining an extra delegate. Yes, just one delegate, but depending on how close the delegate counts remain over time, then that difference multiplied across 57 contests may matter.
Delegate allocation (congressional district delegates)
New Hampshire has just two congressional districts and each of them has eight delegates that are allocated based on the results within the congressional district. Using the above scenario, one can assume that Candidate X won 27 percent in the first congressional district while Candidate Y took just 18 percent. Additionally, we can add a Candidate Z who finished statewide with 14 percent of the vote but 15 percent in the first congressional district.
CD1 (8 delegates)
Candidate X would be allocated 3.600 delegates [= 8 district delegates * .450] -- rounds to 4 delegates
Candidate Y would be allocated 2.400 delegates [= 8 district delegates * .300] -- rounds to 2 delegates
Candidate Z would be allocated 2.000 delegates [= 8 district delegates * .250] -- rounds to 2 delegates
In the event that too many delegates are allocated due to rounding, then candidate with the smallest remainder would lose a delegate. Should all of the delegates not be allocated, then the candidate with the largest remainder would receive any unallocated delegate.
In the second congressional district, one can assume (for simplicity) a tie between Candidate X and Candidate Y at 22.5 percent each.
CD2 (8 delegates)
Candidate X would be allocated 4.000 delegates [= 8 district delegates * .500] -- rounds to 4 delegatesCandidate Y would be allocated 4.000 delegates [= 8 district delegates * .500] -- rounds to 4 delegates
The point here across these two congressional district examples is to explore the different ways the allocation can go depending on how many candidates are above the threshold.
Delegate allocation (automatic delegates/superdelegates)
Superdelegates are free to align with a candidate of their choice at a time of their choosing. While their support may be a signal to voters in their state (if an endorsement is made before voting in that state), superdelegates will only vote on the first ballot at the national convention if half of the total number of delegates -- pledged plus superdelegates -- have been pledged to one candidate. Otherwise, superdelegates are locked out of the voting unless 1) the convention adopts rules that allow them to vote or 2) the voting process extends to a second ballot. But then all delegates, not just superdelegates will be free to vote for any candidate.
[NOTE: All Democratic delegates are pledged and not bound to their candidates. They are to vote in good conscience for the candidate to whom they have been pledged, but technically do not have to. But they tend to because the candidates and their campaigns are involved in vetting and selecting their delegates through the various selection processes on the state level. Well, the good campaigns are anyway.]
Selection
New Hampshire district delegates were slated and selected in a January 25, 2020 pre-primary caucus. Who fills those slots will be determined by the results in the congressional districts during the primary.
PLEO and then at-large delegates in that order will be selected at an April 25, 2020 post-primary caucus by the district delegates filled from the slates chosen in the pre-primary caucus. Those district delegates will be divided into groups based on presidential preference and those subgroups will choose any at-large and PLEO delegates allocated to the candidate to whom they are pledged. The district delegates for Candidate X would select the two PLEO and then 3 at-large delegates allocated to Candidate X based on the statewide result.
Importantly, if a candidate drops out of the race before the selection of statewide delegates, then any statewide delegates allocated to that candidate will be reallocated to the remaining candidates. If Candidate X is in the race in late April when the New Hampshire statewide delegate selection takes place but Candidate Y is not, then the three statewide delegates Candidate Y won would be reallocated to Candidate X. [This same feature is not something that applies to district delegates.] This reallocation only applies if a candidate has fully dropped out. Candidates with suspended campaigns are still candidates and can fill those slots allocated them.
Saturday, October 19, 2019
About that South Carolina Republican Party Defense of Canceling Its 2020 Presidential Primary
On Friday, October 18, the challenge to the cancelation of the 2020 presidential primary by the South Carolina Republican Party had its day in court.
While those who brought the suit leaned on the facts that the South Carolina Republican Party executive committee canceled the primary rather than the state convention and that that break with party rules is against state law calling on political parties to follow their own rules, the SCGOP came forth with a different set of arguments in favor of the change.
Part of that defense was built around the bipartisan precedents from previous cycles when incumbents have sought renomination. The Republican primary was canceled in 1984 and 2004 and Palmetto state Democrats backed out of their primaries in 1996 and 2012 when Clinton and Obama were running for second terms. But the defense of the cancelation took a turn when it was argued that South Carolina Republicans would have more not less power outside of a primary election. Under a caucus/convention system, national convention delegates would be unbound and able to be lobbied to support a candidate of South Carolina Republicans' collective wishes.
In a primary, those delegates would be bound to the winner of the primary (statewide and in each of the seven congressional districts).
Much of that belies the fact that there are rules that apply here; both national party rules and state party rules.
On the state party level, South Carolina delegates allocated to candidates under Rule 11.b.(5-6) based on the results of the primary are only bound under certain circumstances. If the winner either statewide or within a congressional district is no longer in the race, the the delegates are bound to the second place finisher. If that candidate is no longer in the race, then the delegates shift to the third place candidate.
But here is the key factor and where the national party rules come into play. If none of the top three candidates are placed in nomination under Rule 40(b), then the delegates from South Carolina head to the national convention unbound.
Now, the odds at this point in time point toward President Trump likely sweeping the 50 delegates from the Palmetto state as he did in 2016. Yes, that would mean those delegates would be bound to Trump (should his name be placed in nomination at the convention in Charlotte). Technically, that would mean delegates could not be lobbied by rank-and-file South Carolina Republicans as the state party's lawyers argued on Friday. However, if Trump's name is the only one placed in nomination, then that lobbying power is pretty hollow any way.
There will likely be a decision in the South Carolina circuit court later this month, but an appeal from the losing side to the South Carolina supreme court is probable.
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While those who brought the suit leaned on the facts that the South Carolina Republican Party executive committee canceled the primary rather than the state convention and that that break with party rules is against state law calling on political parties to follow their own rules, the SCGOP came forth with a different set of arguments in favor of the change.
Part of that defense was built around the bipartisan precedents from previous cycles when incumbents have sought renomination. The Republican primary was canceled in 1984 and 2004 and Palmetto state Democrats backed out of their primaries in 1996 and 2012 when Clinton and Obama were running for second terms. But the defense of the cancelation took a turn when it was argued that South Carolina Republicans would have more not less power outside of a primary election. Under a caucus/convention system, national convention delegates would be unbound and able to be lobbied to support a candidate of South Carolina Republicans' collective wishes.
In a primary, those delegates would be bound to the winner of the primary (statewide and in each of the seven congressional districts).
Much of that belies the fact that there are rules that apply here; both national party rules and state party rules.
On the state party level, South Carolina delegates allocated to candidates under Rule 11.b.(5-6) based on the results of the primary are only bound under certain circumstances. If the winner either statewide or within a congressional district is no longer in the race, the the delegates are bound to the second place finisher. If that candidate is no longer in the race, then the delegates shift to the third place candidate.
But here is the key factor and where the national party rules come into play. If none of the top three candidates are placed in nomination under Rule 40(b), then the delegates from South Carolina head to the national convention unbound.
Now, the odds at this point in time point toward President Trump likely sweeping the 50 delegates from the Palmetto state as he did in 2016. Yes, that would mean those delegates would be bound to Trump (should his name be placed in nomination at the convention in Charlotte). Technically, that would mean delegates could not be lobbied by rank-and-file South Carolina Republicans as the state party's lawyers argued on Friday. However, if Trump's name is the only one placed in nomination, then that lobbying power is pretty hollow any way.
There will likely be a decision in the South Carolina circuit court later this month, but an appeal from the losing side to the South Carolina supreme court is probable.
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Thursday, October 17, 2019
North Dakota Republicans to Hold State Convention and Select Delegates in Late March
It looks like business as usual for North Dakota Republicans in 2020.
The delegate allocation formula that Peace Garden state Republicans will use mirrors what the party did in 2016. District conventions will be held between January 1 and March 1 to select delegates to the state convention. Those delegates to the March 27-29 state convention in Bismarck will then select delegates to represent the state at the 2020 Republican National Convention in Charlotte.
The elected national convention delegation then has the option of binding itself on the first ballot at the national convention in whole in or part to a particular candidate or candidates. Binding to an incumbent president would have a higher likelihood than not in 2020. But even if the delegation opts to bind itself to a candidate or candidates, the binding is completely voluntary and delegates remain able to vote their conscience if another candidate is more appealing (and has made the convention roll call nomination ballot via Rule 40).
So while it is likely that the 2020 delegation from North Dakota will be just as unbound as it was at the Cleveland convention in 2016, there is at least some chance that a group of Trump-aligned delegates are chosen and will vote for the president at the convention in Charlotte.
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The dates of the North Dakota Republican state convention have been added to the 2020 FHQ presidential primary calendar.
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The delegate allocation formula that Peace Garden state Republicans will use mirrors what the party did in 2016. District conventions will be held between January 1 and March 1 to select delegates to the state convention. Those delegates to the March 27-29 state convention in Bismarck will then select delegates to represent the state at the 2020 Republican National Convention in Charlotte.
The elected national convention delegation then has the option of binding itself on the first ballot at the national convention in whole in or part to a particular candidate or candidates. Binding to an incumbent president would have a higher likelihood than not in 2020. But even if the delegation opts to bind itself to a candidate or candidates, the binding is completely voluntary and delegates remain able to vote their conscience if another candidate is more appealing (and has made the convention roll call nomination ballot via Rule 40).
So while it is likely that the 2020 delegation from North Dakota will be just as unbound as it was at the Cleveland convention in 2016, there is at least some chance that a group of Trump-aligned delegates are chosen and will vote for the president at the convention in Charlotte.
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The dates of the North Dakota Republican state convention have been added to the 2020 FHQ presidential primary calendar.
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Wednesday, October 16, 2019
Appropriations Bill Sets Up Early Voting in 2020 Massachusetts Presidential Primary
The Massachusetts House on Tuesday, October 15 moved quickly on an appropriations bill -- H 4127 -- that funds and establishes early voting in the commonwealth's presidential primary next year. 2020 would be the first time that Massachusetts presidential primary voters would have access to early voting.
The bill calls for a five day period to be set aside for early voting during the work week prior to the Super Tuesday presidential primary in the Bay state. It would run from Monday, February 24 through Friday, February 28, the day before the South Carolina Democratic primary. Sites have to be set up two weeks in advance of the commencement of early voting and those locations have to be made public under the provisions of the bill at least seven days in advance of the early voting window.
While this adds to the strategic complexities of Super Tuesday and the Massachusetts presidential primary, the early voting window stretches neither on for as long (only five days) or as far into February as is the case in other Super Tuesday primary states.
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The bill calls for a five day period to be set aside for early voting during the work week prior to the Super Tuesday presidential primary in the Bay state. It would run from Monday, February 24 through Friday, February 28, the day before the South Carolina Democratic primary. Sites have to be set up two weeks in advance of the commencement of early voting and those locations have to be made public under the provisions of the bill at least seven days in advance of the early voting window.
While this adds to the strategic complexities of Super Tuesday and the Massachusetts presidential primary, the early voting window stretches neither on for as long (only five days) or as far into February as is the case in other Super Tuesday primary states.
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Tuesday, October 15, 2019
An Update on 2020 Colorado Republican Delegate Allocation
Last week, FHQ pointed out in a post that, under its at-the-time rules, the Colorado Republican Party had a 2020 delegate allocation problem. The party in March adopted at its state convention a set of delegate allocation rules that eliminated a proportional option and substituted a winner-take-all allocation option for it. The latter would not be compliant with national party rules because of the Super Tuesday date of the Colorado presidential primary. It falls too early for a party to conduct a winner-take-all allocation.
As a result, Colorado Republicans would be vulnerable to the 50 percent delegation reduction penalty for conducting a winner-take-all primary too early (prior to March 15).
In other words, something had to give if Colorado Republicans wanted a full delegation to attend the Republican National Convention in Charlotte next year. And something did happen late in the window to make rules changes before the October 1 deadline for state parties to finalize delegate selection plans for 2020. The Colorado Republican Party state central committee met on September 21 and passed a series of amendments affecting the delegate selection process.
Article XIII had the non-compliant winner-take-all option removed and replaced with a couple of contingencies. If the primary is late enough or a candidate receives enough support in the primary, then that candidate is eligible for all of the delegates from the Centennial state. The former accounts for timing of the primary, but also establishes a minimum threshold for triggering a winner-take-all allocation (regardless of timing). Under the new rules, if a candidate receives 50 percent or more of the vote, then the winner-take-all trigger is tripped.
That rule stands regardless: a majority winner in the Colorado presidential primary gets all of the delegates regardless of timing. However, if no candidate reaches that winner-take-all threshold (and the primary is early), then a proportional means of allocation is instituted. To qualify for delegates under this contingency, the new rules call for candidates to have received 20 percent or more of the vote; the highest qualifying threshold allowed under RNC rules.
Both the addition of the winner-take-all contingency and the new qualifying threshold under the proportional option bring the Colorado Republican Party back into compliance with RNC rules. And both are set to points that nearly guarantee that Trump will win all of the delegates from the state. Both changes also bring Colorado in line with the delegate allocation rules in most other states on Super Tuesday.
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As a result, Colorado Republicans would be vulnerable to the 50 percent delegation reduction penalty for conducting a winner-take-all primary too early (prior to March 15).
In other words, something had to give if Colorado Republicans wanted a full delegation to attend the Republican National Convention in Charlotte next year. And something did happen late in the window to make rules changes before the October 1 deadline for state parties to finalize delegate selection plans for 2020. The Colorado Republican Party state central committee met on September 21 and passed a series of amendments affecting the delegate selection process.
Article XIII had the non-compliant winner-take-all option removed and replaced with a couple of contingencies. If the primary is late enough or a candidate receives enough support in the primary, then that candidate is eligible for all of the delegates from the Centennial state. The former accounts for timing of the primary, but also establishes a minimum threshold for triggering a winner-take-all allocation (regardless of timing). Under the new rules, if a candidate receives 50 percent or more of the vote, then the winner-take-all trigger is tripped.
That rule stands regardless: a majority winner in the Colorado presidential primary gets all of the delegates regardless of timing. However, if no candidate reaches that winner-take-all threshold (and the primary is early), then a proportional means of allocation is instituted. To qualify for delegates under this contingency, the new rules call for candidates to have received 20 percent or more of the vote; the highest qualifying threshold allowed under RNC rules.
Both the addition of the winner-take-all contingency and the new qualifying threshold under the proportional option bring the Colorado Republican Party back into compliance with RNC rules. And both are set to points that nearly guarantee that Trump will win all of the delegates from the state. Both changes also bring Colorado in line with the delegate allocation rules in most other states on Super Tuesday.
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Tuesday, October 8, 2019
DC Council Advances June 2 Presidential Primary Bill
The DC Council on Tuesday, October 8 voted unanimously in favor of a consent agenda package including a bill -- B23-0212 -- that would shift the date of the presidential primary in the nation's capital from the third Tuesday in June to the first Tuesday in June.
This final reading consideration and passage now move the bill to the mayoral review stage of the process. So far, the bill has been uncontroversial and the expectation is that it will get the thumbs up from Mayor Bowser and head out for congressional review. The move is necessary because the third Tuesday in June date on which the primary is currently scheduled is not compliant with either national parties rules for the timing of primaries and caucuses.
A June 2 primary would align the Washington, DC primary with contests in Montana, New Jersey, New Mexico and South Dakota a the tail end of the 2020 presidential primary calendar.
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This final reading consideration and passage now move the bill to the mayoral review stage of the process. So far, the bill has been uncontroversial and the expectation is that it will get the thumbs up from Mayor Bowser and head out for congressional review. The move is necessary because the third Tuesday in June date on which the primary is currently scheduled is not compliant with either national parties rules for the timing of primaries and caucuses.
A June 2 primary would align the Washington, DC primary with contests in Montana, New Jersey, New Mexico and South Dakota a the tail end of the 2020 presidential primary calendar.
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Monday, October 7, 2019
For 2020, Colorado Republican Delegate Allocation Rules Seemingly at Odds with RNC Rules
Back in the lead up to the 2012 presidential primary season, the Republican National Committee (RNC) instituted a new set of rules governing the presidential nomination process. The changes for that cycle put in place a later start time to primary season (reserving February for the four carve-out state contests), but also added a new wrinkle to how state parties could allocate delegates based on the results a primary or caucus.
The latter of those national party-level restrictions on the activities of state parties required that states with primaries and caucuses in or before March allocate delegates in a proportional manner. Now, in the time since that point, the RNC has redefined what proportional means and decreased the size of the window of the calendar in which winner-take-all rules are prohibited. But that proportionality window still exists. State parties with contests before March 15 have to set in place rules that proportionally allocate national convention delegates.
Yes, that is a more restrictive national party mandate than has historically been the case in the Republican process. However, state parties are not without some latitude. They have some discretion. For one, state parties can add a delegate qualifying threshold of up to 20 percent which can greatly restrict the number of candidates who receive delegates (especially in a cycle in which an incumbent president is seeking renomination).
State parties also have the option of splitting up the allocation of different types of delegates. At-large delegate allocation can be tethered to statewide result while congressional district delegates can be awarded to candidates based on their performance in those subunits within a given state.
Finally, even in the proportionality window that opens the presidential primary calendar under the RNC rules, state parties have the option of adding a winner-take-all trigger for candidates who win a majority or more of the vote statewide. Massachusetts Republicans, for example, added a winner-take-all trigger to their delegate selection rules for their Super Tuesday primary in 2020. And that is not uncommon for states with contests in the proportionality window. Most, in fact, have winner-take-all triggers in their plans.
In other words, state parties have options to tilt the allocation in a winner-take-all direction on the early calendar and still remain in compliance with RNC rules.
Perhaps that is an overwrought preface, but it is laid out in advance of a possible rules violation by one state party ahead of the 2020 cycle. Last week -- on or before October 1 -- state Republican parties were to have finalized and submitted to the RNC their delegate selection plans for 2020. And the bylaws of the Colorado Republican Party appear to violate the proportionality mandate from the RNC for the party's 2020 presidential primary (newly reestablished for the 2020 cycle).
Much of this potential conflict can be traced to the late March 2019 state central committee meeting of the Colorado Republican Party. The state party chair election dominated the headlines coming out of that meeting, but that was not the only piece of business on the committee's agenda that weekend. They also considered changes to the 2020 delegate selection rules.
In light of the new presidential primary in the Centennial state, a proposal came before the committee to streamline the delegate selection process. And it should be noted that Colorado Republicans are constrained not only by national party rules but state law as well. RNC rules require that delegate allocation be based on the earliest statewide contest and the new Colorado law concerning the presidential primary purposefully schedule caucuses in the state for after the primary (the Saturday after). The caucuses (and any attendant presidential preference vote) would follow the vote in the primary. The Colorado Republican Party, then, is basically stuck using the primary for allocating delegates.
Part of the rules changes on delegate allocation at the state central committee meeting in March addressed that. Struck from the rules at the time was a contingency for allocation depending upon whether there was a primary or caucus. Now that section of the bylaws simply refers to the results of the Colorado Presidential Primary.
Also struck from the old rules, however, was guidance on who -- which candidates -- would qualify for delegates in the event that Colorado held a presidential primary. The old rules, and this other section that was struck from them, allocated delegates to candidates who received 15 percent or more of the vote in the presidential primary. Again, that is consistent with RNC proportionality requirements for states with primaries or caucuses before March 15 and was part of the 2016 rules Colorado Republicans used (but there was no presidential primary).
But that guidance is now gone, and in its place is this language on delegate allocation and binding:
That appears to be a violation of RNC rules restricting delegate allocation in early calendar contests.
However, there are a couple of caveats.
First, the next rule in the sequence after those listed above does give the state central committee the ability create rules governing the selection of delegates that are consistent with both the bylaws and RNC rules on or before October 1 in the year prior to a presidential election. The above winner-take-all provision, then, is just a baseline. But one that conflicts with national party rules given the position of the Colorado primary on the calendar.
In addition, the process by which delegates are selected requires them to align (or remain unpledged) with a candidate. The RNC legal counsel interpretation of the RNC rules in 2016 was that that alignment -- pledging to a candidate upon filing to be a delegate candidate -- bound that delegate candidate to their presidential preference. And that Colorado selection procedure is still in rules for 2020. Whether the RNC legal counsel still interprets the RNC rules the same in 2020 as was the case in 2016 remains to be seen.
Regardless, any delegates selected at the state convention or in congressional district conventions aligned with candidates other than the winner of the presidential primary in Colorado would likely be bound to those candidates at the national convention. But that would only be the case if that candidate was still in the race and had his or her name placed in nomination at the convention. That, too, seems a stretch in a year in which an incumbent Republican president (still popular within the party) is up for renomination. But any such delegates would become free agents and could support another candidate.
Finally, the secretary of state in Colorado also has the option of canceling the presidential primary if there is no competition. That has to be done by January 3, 2020. But the bar for ballot access to the Colorado primary is quite low for prospective candidates: $500 fee or 500 signatures.
Colorado, then, will likely have a Republican presidential primary on March 3, and because of those caveats above, likely will not allocate delegates in a winner-take-all manner.
...unless the party has added a winner-take-all trigger as other states have done.
--
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The latter of those national party-level restrictions on the activities of state parties required that states with primaries and caucuses in or before March allocate delegates in a proportional manner. Now, in the time since that point, the RNC has redefined what proportional means and decreased the size of the window of the calendar in which winner-take-all rules are prohibited. But that proportionality window still exists. State parties with contests before March 15 have to set in place rules that proportionally allocate national convention delegates.
Yes, that is a more restrictive national party mandate than has historically been the case in the Republican process. However, state parties are not without some latitude. They have some discretion. For one, state parties can add a delegate qualifying threshold of up to 20 percent which can greatly restrict the number of candidates who receive delegates (especially in a cycle in which an incumbent president is seeking renomination).
State parties also have the option of splitting up the allocation of different types of delegates. At-large delegate allocation can be tethered to statewide result while congressional district delegates can be awarded to candidates based on their performance in those subunits within a given state.
Finally, even in the proportionality window that opens the presidential primary calendar under the RNC rules, state parties have the option of adding a winner-take-all trigger for candidates who win a majority or more of the vote statewide. Massachusetts Republicans, for example, added a winner-take-all trigger to their delegate selection rules for their Super Tuesday primary in 2020. And that is not uncommon for states with contests in the proportionality window. Most, in fact, have winner-take-all triggers in their plans.
In other words, state parties have options to tilt the allocation in a winner-take-all direction on the early calendar and still remain in compliance with RNC rules.
Perhaps that is an overwrought preface, but it is laid out in advance of a possible rules violation by one state party ahead of the 2020 cycle. Last week -- on or before October 1 -- state Republican parties were to have finalized and submitted to the RNC their delegate selection plans for 2020. And the bylaws of the Colorado Republican Party appear to violate the proportionality mandate from the RNC for the party's 2020 presidential primary (newly reestablished for the 2020 cycle).
Much of this potential conflict can be traced to the late March 2019 state central committee meeting of the Colorado Republican Party. The state party chair election dominated the headlines coming out of that meeting, but that was not the only piece of business on the committee's agenda that weekend. They also considered changes to the 2020 delegate selection rules.
In light of the new presidential primary in the Centennial state, a proposal came before the committee to streamline the delegate selection process. And it should be noted that Colorado Republicans are constrained not only by national party rules but state law as well. RNC rules require that delegate allocation be based on the earliest statewide contest and the new Colorado law concerning the presidential primary purposefully schedule caucuses in the state for after the primary (the Saturday after). The caucuses (and any attendant presidential preference vote) would follow the vote in the primary. The Colorado Republican Party, then, is basically stuck using the primary for allocating delegates.
Part of the rules changes on delegate allocation at the state central committee meeting in March addressed that. Struck from the rules at the time was a contingency for allocation depending upon whether there was a primary or caucus. Now that section of the bylaws simply refers to the results of the Colorado Presidential Primary.
Also struck from the old rules, however, was guidance on who -- which candidates -- would qualify for delegates in the event that Colorado held a presidential primary. The old rules, and this other section that was struck from them, allocated delegates to candidates who received 15 percent or more of the vote in the presidential primary. Again, that is consistent with RNC proportionality requirements for states with primaries or caucuses before March 15 and was part of the 2016 rules Colorado Republicans used (but there was no presidential primary).
But that guidance is now gone, and in its place is this language on delegate allocation and binding:
a. On the first nominating ballot for President, in accordance with State statute all members of the State’s delegation shall be bound to vote for the Presidential candidate who received the highest number of votes in the Colorado Presidential Primary, and the CRC Chairman acting as chair of the delegation, or his designee, shall announce that the entire vote of the State’s delegation is for that candidate. If that Presidential candidate releases his delegates through public declaration or written notification, the candidate's name is not placed in nomination, or the candidate does not otherwise qualify for nomination under the rules of the Republican National Convention, the individual National Delegates and National Alternate Delegates previously pledged are released to cast their ballots as each may choose. b. On any succeeding ballot for President and on all ballots for other purposes the individual delegates are released to cast their ballots as each may choose.[Emphasis added by FHQ]
That appears to be a violation of RNC rules restricting delegate allocation in early calendar contests.
However, there are a couple of caveats.
First, the next rule in the sequence after those listed above does give the state central committee the ability create rules governing the selection of delegates that are consistent with both the bylaws and RNC rules on or before October 1 in the year prior to a presidential election. The above winner-take-all provision, then, is just a baseline. But one that conflicts with national party rules given the position of the Colorado primary on the calendar.
In addition, the process by which delegates are selected requires them to align (or remain unpledged) with a candidate. The RNC legal counsel interpretation of the RNC rules in 2016 was that that alignment -- pledging to a candidate upon filing to be a delegate candidate -- bound that delegate candidate to their presidential preference. And that Colorado selection procedure is still in rules for 2020. Whether the RNC legal counsel still interprets the RNC rules the same in 2020 as was the case in 2016 remains to be seen.
Regardless, any delegates selected at the state convention or in congressional district conventions aligned with candidates other than the winner of the presidential primary in Colorado would likely be bound to those candidates at the national convention. But that would only be the case if that candidate was still in the race and had his or her name placed in nomination at the convention. That, too, seems a stretch in a year in which an incumbent Republican president (still popular within the party) is up for renomination. But any such delegates would become free agents and could support another candidate.
Finally, the secretary of state in Colorado also has the option of canceling the presidential primary if there is no competition. That has to be done by January 3, 2020. But the bar for ballot access to the Colorado primary is quite low for prospective candidates: $500 fee or 500 signatures.
Colorado, then, will likely have a Republican presidential primary on March 3, and because of those caveats above, likely will not allocate delegates in a winner-take-all manner.
...unless the party has added a winner-take-all trigger as other states have done.
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Sunday, October 6, 2019
Rhode Island GOP Inserts Winner-Take-All Trigger into 2020 Delegate Allocation
Late last month as the RNC deadline for state Republican parties to finalize delegate selection procedures for the 2020 cycle, Rhode Island Republicans made some adjustments.
Four years ago, the party allocated its 19 delegates in a proportional manner to candidates who received more than 10 percent of the vote either statewide or in the two Ocean state congressional districts. Little of that has made its way into the process the party has set up for 2020.
First of all, RIGOP has pooled all of its delegates -- at-large, congressional district and automatic -- instead of allocating them as separate categories. Additionally, there is now (as of a September 20 meeting of the state central committee) a winner-take-all trigger included. Should a candidate win a majority of the vote statewide, then that candidate would receive all 19 delegates in the Rhode Island delegation to the Republican National Convention. It is clear that the latter was added during that September meeting, but it is not as clear that the decision to pool all of the delegates occurred at that time as well.
There are at least some hints that some changes were made to the Rhode Island Republican Party delegate selection process before September. For example, the Providence Journal article outlining the new winner-take-all trigger also mentioned that the qualifying threshold to receive any delegates was set at 20 percent. That, too, is new for 2020. Again, the threshold for 2016 was just 10 percent. It has doubled to the RNC's maximum-allowed threshold and applies collectively to all 19 Rhode Island delegates.
No, 19 delegates is not likely to fundamentally affect the race for the 2020 Republican presidential nomination, but Rhode Island Republicans have made some changes to streamline their process and potentially maximize their influence (to the extent that can be done in the context of a regional primary with five other, often more delegate-rich, states). It also represents another datapoint in the narrative of how these state-level rules have come together on the Republican side ahead of 2020. State parties have moved in subtle and dramatic ways to increase the usage of winner-take-all rules or make other changes to potentially advantage the president's path to renomination.
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Four years ago, the party allocated its 19 delegates in a proportional manner to candidates who received more than 10 percent of the vote either statewide or in the two Ocean state congressional districts. Little of that has made its way into the process the party has set up for 2020.
First of all, RIGOP has pooled all of its delegates -- at-large, congressional district and automatic -- instead of allocating them as separate categories. Additionally, there is now (as of a September 20 meeting of the state central committee) a winner-take-all trigger included. Should a candidate win a majority of the vote statewide, then that candidate would receive all 19 delegates in the Rhode Island delegation to the Republican National Convention. It is clear that the latter was added during that September meeting, but it is not as clear that the decision to pool all of the delegates occurred at that time as well.
There are at least some hints that some changes were made to the Rhode Island Republican Party delegate selection process before September. For example, the Providence Journal article outlining the new winner-take-all trigger also mentioned that the qualifying threshold to receive any delegates was set at 20 percent. That, too, is new for 2020. Again, the threshold for 2016 was just 10 percent. It has doubled to the RNC's maximum-allowed threshold and applies collectively to all 19 Rhode Island delegates.
No, 19 delegates is not likely to fundamentally affect the race for the 2020 Republican presidential nomination, but Rhode Island Republicans have made some changes to streamline their process and potentially maximize their influence (to the extent that can be done in the context of a regional primary with five other, often more delegate-rich, states). It also represents another datapoint in the narrative of how these state-level rules have come together on the Republican side ahead of 2020. State parties have moved in subtle and dramatic ways to increase the usage of winner-take-all rules or make other changes to potentially advantage the president's path to renomination.
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