Sunday, June 11, 2023

Sunday Series: About that Unique Michigan Republican Primary-Caucus Plan (Part One)



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News broke Friday that Michigan Republicans had come to a consensus and were prepared to vote on whether the party would go the primary or caucus route in the presidential nomination process for 2024. 

Rather than automatically utilize the state-run primary as the state party had done every competitive Republican presidential nomination cycle following 1988, the Michigan GOP was backed into a corner on its 2024 plans based on four main factors:
  1. Democrats in the state took unified control of state government in the Great Lakes state after the November 2022 midterm elections. 
  2. At least partially (if not completely) because of that flip in control of the state legislature and Democrats retaining the governor's office, the Democratic National Committee (DNC) voted to add the Michigan presidential primary to early window lineup of states on the 2024 presidential primary calendar. Michigan Democrats seized on the opportunity to have an earlier, if not greater, voice in the nomination process and moved to comply with the new DNC calendar rules for 2024.
  3. However, the new February 27 date for the state-run Michigan presidential primary would violate Republican National Committee (RNC) rules prohibiting states other than Iowa, New Hampshire, Nevada and South Carolina from holding primaries or caucuses before March 1. Opting into the primary, would open Michigan Republicans up to the super penalty associated with a violation of those timing rules, which would strip the state party of all but 12 delegates (nine delegates plus the three automatic/party delegates) to the national convention. 
  4. Regardless of the potential for penalties from a rogue primary, Michigan Republicans, under new leadership as of early 2023, were already leery of a state-run presidential primary process that would be open not only to Republicans and independents (who want to affiliate with the party in the primary) but Democrats as well. 
Given those factors, the Michigan GOP in consultation with the RNC did not look on the primary or caucus question for 2024 as either/or but rather as one and the other. In a revised resolution of intent adopted on Saturday, June 10, Michigan Republicans chose to split 2024 delegate allocation across both the February 27 primary and congressional district caucuses to be held on Saturday, March 2. In a statement following the vote the Michigan Republican Party said the following1:
In a move that threatens electoral representation and undermines the voices of Republican voters in Michigan, the Michigan’s Democrat controlled legislature advanced the Michigan presidential primary to February 27th. This would automatically cause an RNC penalty reducing Michigan Republican delegates at the RNC convention in Milwaukee from 55 to 12!  
This resolution complies with RNC rules and avoids the penalty. 
The Democrats thought they held the keys to whether Michigan Republicans have a voice regarding who is our nominee for president. 
They set the stage to make our process dependent upon when the Democrats end the Michigan’s legislative session. Today that control was destroyed. 


Cutting through the spin
Okay, revisit those four factors FHQ laid out above because they are important in pushing past the spin in all of this and getting to the crux of the matter. 

First, it is highly unlikely that either Michigan Democrats or Democrats in the national party were ever rubbing their hands together, saying "We've got Michigan Republicans now!" The timeline on the Democratic primary calendar decision suggests otherwise. The national party waited until after the midterms -- after it was clear which party was going to be in control of a variety of state governments -- before it settled on a lineup for the 2024 early window. Michigan, already an attractive option to the members of the DNC Rules and Bylaws Committee, became even more attractive once it was clear after the November elections that the state would be under Democratic control. 

The national party decision on the calendar and any subsequent moves made in Lansing were made to affect the Democratic primary. There was little regard for the Republican process. And perhaps that is problematic. However, national Democrats have been rebuffed by the RNC over the last two cycles in their efforts to even informally coordinate the calendar. And on the state level in Michigan, it was Republicans in the state legislature who were driving a legislative push to an even earlier February primary date just a few months ago in late 2022. 

But shunt all of that to side for a moment. Democrats in Lansing and elsewhere were never really in control of anything other than moving the state-run primary anyway. Michigan Republicans always had paths out of trouble. But they were going to need a waiver from the RNC no matter what they chose to do. The point is that Michigan Republicans potentially had a national party waiver at their disposal if they successfully made that case before the RNC. Ultimately, it was state Democrats who had made the change and shifted the primary to a point on the calendar that violated RNC rules. And those rules have outs for just these types of possibilities.

Yet, choosing to go the caucus route would have potentially required a waiver from the RNC too. Michigan Republicans could not just choose to conduct caucuses. Those caucuses would have had to follow the February 27 primary to remain compliant with the RNC rules on timing. But merely opting to hold caucuses would not have ended the primary. Under state law that primary would have gone on as a beauty contest. And under RNC Rule 16 (a)(1), any statewide vote "must be used to allocate and bind the state's delegation to the national convention..." [Put a pin in section of the RNC rules. It is important for Part Two.] To hold caucuses after a statewide vote like that is counter to the intent of the rule, the language of which was added to prevent a double vote and/or non-binding scenario like those that proliferated in the 2012 cycle.

An RNC waiver would have provided a way to circumvent that conflict. But so, too, would have legal action on first amendment, freedom of association grounds (if the national party was for some reason not receptive to issuing a waiver). Political parties have a right to determine how they associate and who associates with the organization. Nominations fall under that banner, or precedent holds that they do anyway. 

The bottom line is this: If Michigan Republicans want to say that Democrats made the primary change without consulting them, then that is fine. That is a fair criticism. If the state party additionally wants to argue it prefers a caucus/convention system closed to all but registered Republicans to an open primary that allows non-Republicans to participate, then that is fine too. That is also legitimate. But exaggerating the control state Democrats have over the process is just that: an exaggeration. That is even more true in light of the fact that Michigan Republicans had recourse. They had ways around Democratic "control." One need not pretend otherwise.




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1 The full statement from the Michigan Republican Party after the vote on the resolution:
FOR IMMEDIATE RELEASE
The Michigan Republican Party Protects the Voice of Michigan Republican Voters 
Grand Rapids, MI – June 10th, 2023 – In a move that threatens electoral representation and undermines the voices of Republican voters in Michigan, the Michigan’s Democrat controlled legislature advanced the Michigan presidential primary to February 27th. This would automatically cause an RNC penalty reducing Michigan Republican delegates at the RNC convention in Milwaukee from 55 to 12!  
This resolution complies with RNC rules and avoids the penalty. 
The Democrats thought they held the keys to whether Michigan Republicans have a voice regarding who is our nominee for president. 
They set the stage to make our process dependent upon when the Democrats end the Michigan’s legislative session. Today that control was destroyed.  
The Michigan Republican Party would have been derelict in duty, and grossly irresponsible to leave the decision of full delegate representation of Michigan Republicans in the hands of the Democrats.  
Republican voters are tired of the party seeking to cut deals with Democrats instead of protecting the voice and interest of Republican voters.  
This drastic reduction in representation at the Republican National Convention would have marginalized millions of voters and stifled our ability to have a meaningful say in the selection of the 2024 Republican presidential nominee. The Resolution of Intent passed by the Michigan Republican Party State Committee protects the voice of millions of Republican voters across Michigan by ensuring the will of those voting in the primary will be heard.  
This resolution simultaneously prevents the RNC penalty.  
Recognizing the urgency and gravity of this situation, the Michigan Republican Party State Committee took decisive action today. The Michigan Republican Party has taken a crucial step towards ensuring fair representation for their constituents. 
"The Michigan Republican Party stands firmly against any attempts to diminish representation of Michigan Republicans," said Kristina Karamo, Chair of the Michigan Republican Party.  
"We are committed to preserving the integrity of the electoral process and guaranteeing that all Michigan voters, regardless of their political affiliation, have an equal opportunity to participate in the primary process." 
For those in the party who do not trust the election system run by the Secretary of State due to election integrity concerns, they now have a representative voice for some of the delegates from Michigan.  
By asserting their commitment to protecting the rights of Republican voters in the state, the Michigan Republican Party has demonstrated their dedication to preserving a fair and inclusive electoral system. 
The Michigan Republican Party encourages all Michigan voters to stay informed and engaged in the political process. By participating in the upcoming primary elections, voters can make their voices heard and contribute to shaping the future of our great state. 
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