As FHQ said at the time, the interesting news in this is the process being created rather than the switch from a caucuses/convention system to a primary election. Under the provisions of the bill, the Colorado governor would have the power to set the date of the primary in a fairly tight window of time. Before September 1 of the year prior to a presidential election, the governor is called on to set a date for the presidential primary election the following year between:
- a time NO EARLIER THAN THE DATE THE NATIONAL RULES OF THE MAJOR POLITICAL PARTIES PROVIDE FOR STATE DELEGATIONS TO THE PARTY'S NATIONAL CONVENTION TO BE ALLOCATED WITHOUT PENALTY ...and...
- a point on the calendar NOT LATER THAN THE THIRD TUESDAY IN MARCH.
That a single individual would have the date-setting authority if this bill is passed and signed into law would make Colorado like Arizona was during the 2004-2012 period (when the governor could issue a proclamation to move the primary earlier), but also like New Hampshire and Georgia where the secretary of state holds the power to set the date. Colorado would have less flexibility than Georgia and much less than the carte blanche flexibility New Hampshire's secretary of state has to keep the Granite state presidential primary first.
One additional facet of this bill that should be mentioned is that the aforementioned ambiguity of the front end of the scheduling window does potentially create some uncertainty. Call this the Florida 2013 problem. Recall, that the original law change that brought the Florida presidential primary back into compliance with the national party rules had a similar "earliest point on the calendar in which a delegation won't be penalized" provision. If we were to count only the penalty that both parties levy for going too early, that earliest date a Colorado primary could be would be March 1. Yet, if Colorado Republicans opted for a winner-take-all method of allocation, it would shrink the window down to just March 15.
Fortunately, the last time Colorado Republicans had a primary -- and not non-binding caucuses -- the party allocated their national convention delegates on a proportional basis.
The final take home on this one is that it would transition Colorado from a closed caucuses system to a primary system opened to unaffiliated voters as well. As John Frank reported last week, this is a bipartisan move overall. There are 28 co-sponsors of the legislation across both chambers of the legislature. Two House Democrats join 17 majority Republicans and in the upper chamber where Democrats are in control, six Republicans combine with three Democratic sponsors. That is tilted toward the Republicans, but bipartisan nonetheless. Both parties appear ready to attempt to engage and battle over those unaffiliated voters in higher turnout election that would take place some time during the first half of March.
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