Republican lawsuit seeks to overturn novel Virginia primary law

Here is one from Markus Schmidt at The Virginia Mercury with a potential impact on the presidential nomination process:

On March 1, members of the district’s GOP committee by a 22-1 margin agreed to file a lawsuit seeking to overturn what has been dubbed Helmer’s law, named after Del. Dan Helmer, D-Fairfax, who sponsored the legislation in 2021. The law effectively forces parties to nominate candidates through state-run primary elections rather than their own party-run contests.

The lawsuit, which Republicans said will be filed by Staunton attorney Jeff Adams, argues that the law — which went into effect in January 2024 — violates both the U.S. and Virginia Constitutions by removing a party’s ability to determine how it selects its own nominees.

Republicans have long expressed concerns that because Virginia does not require voters to register by party, the law allows Democrats to participate in Republican primaries, and vice versa, potentially influencing the outcome.

No, Democrats being able to participate in a Republican primary (or vice versa) in a state without partisan registration is not a new issue, but it is the one that Republicans in the commonwealth are so loudly vocalizing in the context of this law/lawsuit. But there are remedies to that that are not judicial. After all, legislative fixes are available to the Virginia GOP on that front as well. 

Regardless, crossover voting is an easier story to tell than what is likely at the heart of this case. The intent of the law is to provide for the equality of participation in the nomination process for all eligible voters, especially those who may be outside the jurisdiction at the time of the election or those unable to appear in person at a firehouse primary, caucus or convention for a variety of other reasons. The state-funded primary option guarantees that equality but the available party-run alternatives do not. And it is not that those alternatives necessarily cannot guarantee the same equality of participation for all eligible voters, but rather that state and local parties would find it difficult to finance such options.

The 2021 law, then, does not prohibit alternative nomination processes outside of the state-run primary. That is what is novel about it. Instead it places a burden on state and local parties to go that route. That burden is what is driving the lawsuit. That is the origin of the "effectively forc[ing] parties to nominate candidates through state-run primary elections..." argument. Those political units -- state and local parties -- might argue they cannot pony up the requisite resources for any alternative and that, as a result, their first amendment freedom to associate is being threatened. 

This is an interesting one, but the current law's applicability to the presidential nomination process deserves some attention as well. I will dig into that in the coming days over at FHQ Plus.

Trump's firewall isn't the delegate rules, it's his support ...and more in response to Iowa

Leading the day at FHQ...

Over at FHQ Plus yesterday, I had a long takedown of the notion that Donald Trump has a firewall in the state-level delegate allocation rules across the country. 

Look, the rules Team Trump crafted for 2020, and for the most part defended for 2024, are not a bad thing for the former president. But no firewall provides any real safety if it is a conditional firewall. And for the next month, true success in the delegate count for the Republican frontrunner is going to depend on how often he hits 50 percent in states and in congressional districts in many cases. 

If the results in Iowa demonstrated anything it was that Trump's support among Republicans is his firewall. Yes, the Hawkeye state is state that is well-suited to the former president, so one should use some care not to extrapolate too much from the caucus results. But still, a majority is a majority in Iowa and that does not mean nothing. But if the caucuses prove to have been a harbinger of things to come, then Trump will likely rack up a lot of delegates in March. 

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Speaking of delegates...

As it stands now, the delegate count coming out of Iowa will end up somewhere around the following:

Trump -- 20 (51.1 percent of the vote)

DeSantis -- 9 (21.2 percent)

Haley 8 -- (19.1 percent)

Ramaswamy -- 3 (7.7 percent)

That is no different than it was last night before I turned in, but overnight there was an interesting shift and a delegate moved to unallocated. And how do the Iowa Republican rules work in the case of an unallocated delegate? Here is what FHQ had to say on the matter last month in our rundown of the Iowa rules:

Hypothetically, there is one unallocated delegate after rounding and Donald Trump has won a little more than half the vote. His raw, unrounded share of the delegates ends up at 20.47. On the other hand, Asa Hutchinson receives a little more than one percent of the vote (but under 1.3 percent) and his raw, unrounded share lands on 0.48 delegates. Hutchinson would receive the last delegate because his remainder is closer to the .5 rounding threshold than Trump. He would gain one delegate and Trump would stay on 20 delegates.

Well, overnight Ron DeSantis saw his vote share drop from 21.3 percent to 21.2 percent. Big deal, right? Actually, it meant that his raw delegate share dropped below the rounding threshold, lowering his total from nine to eight delegates and leaving one delegate unallocated. 

But that also left him with a fairly high remainder. The unallocated delegate came down to Trump (20.4 unrounded delegates) and DeSantis (8.48 delegates). DeSantis has the highest remainder under the rounding threshold, and as such, the unallocated delegate goes (back) into his column. 

Rounding rules at work!

[Yes, it is more than a little eerie that the very same .48 remainder I made up for Hutchinson in the hypothetical above was the remainder DeSantis ended up on.]

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Maybe New Hampshire shakes things up next week, but I stand by this from that Firewall piece over at FHQ Plus:

First, let’s dispense with the obvious: Trump remains a heavy favorite to become the Republican Party standard bearer atop the ticket in the general election. Haley may or may not become a disruptive factor in her bid for the presidential nomination, but if she does, it is more likely to be in the form of a speed bump rather than a total roadblock.

DeSantis placing second in Iowa had many on cable news last night speculating about whether that may have blunted any momentum Haley had or has heading into the Granite state next week. It also had them -- and this was true on Fox News last night and NPR this morning -- falling back on the tired 2016 adage that Trump does well when his opposition is divided among several candidates. 

Maybe, but it is not as if DeSantis coming in third last night and joining Ramaswamy among the winnowed candidates was going to set his supporters rushing off to Haley. Some DeSantis folks may gravitate toward Haley, but many, maybe even most, would likely drift over to Trump, bolstering the former president's prospects even more moving forward. Still more may have decided to stay home rather than participate in subsequent primaries and caucuses. 

It just is not clear at this point that a continued split in Trump's opposition is hurting the opposition. It may just be that Trump has majority support and the opposition cannot be helped (...at least not to a winning position). 

Perhaps DeSantis and Haley need each other to limit Trump's delegate haul through the early part of March. Of course, that sort of three person race is not sustainable long term. The winnowing pressures are only going to pick up in the days ahead. And besides, one them will have to figure out how to not only win, but win consistently to derail Trump. 

On to New Hampshire.

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Looking for more on delegates and delegate allocation? Start here at the central hub for Republican delegate allocation rules on the state level at FHQ. 

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Recent posts:

What if Iowa Republicans used the old Democratic caucus rules? ...and more

Colorado Republicans Eyeing a Primary Switch? ...and more

There is a central tension point in the New Hampshire presidential primary situation, but this still isn't it. 

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See more on our political/electoral consulting venture at FHQ Strategies. 

What if Iowa Republicans used the old Democratic caucus rules? ...and more

Leading the day -- caucus day! -- at FHQ...

In the coming days there is going to be enough written on Iowa's Republican caucuses and the results therein. Who finished second? Did Trump beat the expectations (that many worked feverishly over the last weekend before the caucuses to set)? The questions go on and on.

One thing that struck FHQ in this final weekend before the (in-person) voting phase of the 2024 Republican presidential nomination race begins was how candidates campaigned (bundled up!). But not just where they were but how they approached one another in their final pitches to potential Iowa caucus goers. After months of relative quiet -- an implicit truce if not an unofficial alliance -- Trump turned on Ramaswamy. And after going toe to toe on the debate stage last week, DeSantis and Haley continued to attack one another (and also draw contrasts with Trump). 

But it is funny. Rather than shrug those off and chalk them up as normal caucus fare, those strategic decisions made me think about how things might be or have been different under different rules. Iowa Republicans, after all, will caucus on Monday night, but that process differs from how Hawkeye state caucus goers convened and operated on the Democratic side four years ago. Yes, Iowa Democrats bungled their attempt at a revamped caucus. But FHQ is not talking about that. 

Rather, I mean the difference in how both state parties have traditionally handled the caucuses. Republicans, when they gather in gyms, conference centers and living rooms across Iowa, will hear speeches from candidates or in most cases their proxies and vote by secret ballot on presidential preference. Some will leave. Others will stick around and haggle over party business and choose who will move on to the next stage of the caucus/convention process. 

Yes, the Democratic process in Iowa is new, different and later for 2024. But Democrats, relative to Republicans in the state, have traditionally convened, heard similar pitches, conversed with neighbors, friends and others and then gathered with likeminded supporters to express presidential preference. There is no secret ballot. Individuals physically move to join with the Biden group or the Sanders group or whomever to express presidential preference. Those candidate groups with more than 15 percent of all of those in the room move on to the next round. 

However, the people in the candidate groups with less than 15 percent then become free agents. Their candidates are eliminated in a given precinct and they can realign with a viable group (one with more than 15 precent support). Post-realignment movement helped Barack Obama surge across the state in 2008 and sunk Joe Biden in some cases in 2020, for example. After that process is complete, some folks leave while others hang around to do exactly what Republicans will do after the preference vote tonight. 

But it is that middle part, the difference in process, that sets the Republican and (old) Democratic methods in Iowa apart. And it is exactly that which would have some impact on the stretch run of the campaign. 

Take the Selzer poll of the Iowa Republican caucuses that was released over the weekend:

Yes, Trump has a commanding lead. Yes, Haley slipped into second place. Yes, DeSantis and Ramaswamy, after their full and double Grassleys, are further back in Iowa.

But if the caucus rules were different, then how each of them has talked about the others might have been different down the stretch. Under those old Iowa Democratic rules, Ramaswamy might be above 15 percent in a handful of precincts across the state, but would be well under it in most. His supporters in the caucuses, again, under Democratic rules, would then become free agents. Would Trump have been attacking Ramaswamy over the weekend or courting his voters with a second round after realignment in mind? 

And DeSantis would be facing a similar situation, albeit in the inverse. As opposed to Ramaswamy, DeSantis would likely be above 15 percent in most places, but below it in a handful of precincts. And honestly, at 20 percent, Haley would likely be in a similar but perhaps less vulnerable position as well. In past races on the Democratic side, that is a situation where campaigns of those two candidates might strike a deal. If DeSantis groups slipped under the 15 percent threshold and were not viable in some precinct, then under the agreement, they would realign with Haley supporters to give her a better shot against the frontrunner. And Haley groups would do the same for DeSantis when they failed to reach viability and a DeSantis group made it. Strategically, the collective moves would potentially keep delegates away from the frontrunner. 

Look, this is not the way things will work tonight in the Republican process. But this what-if does shed some light on the impact the process -- the rules of the process -- has on campaign strategy. What has been witnessed in the Republican campaign as the caucuses draw nearer may have been different under different rules. Yes, rules matter. 

Something fun to consider as everyone passes time until caucus o'clock. 

Happy caucus day, everyone!

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In the continuing state-by-state series on delegate allocation rules, FHQ examines changes for 2024 in...

• Oklahoma: The year may be different but the rules are not for Oklahoma Republicans in 2024. All the fun quirks are back again from when the Republican presidential nomination was last competitive.
• Tennessee: There are frontrunner-friendly delegate rules and there's the Tennessee Republican delegate selection rules. While other states may have moved in a Trumpier direction for 2024, the Volunteer state did not. But that does not necessarily mean it is any easier for non-Trumps.
• Virginia: After an incumbent cycle using a state convention for delegate selection, Virginia Republicans are back to a primary, but with markedly different allocation rules in 2024 than in 2016.

Looking for more on delegates and delegate allocation? Start here at the central hub for Republican delegate allocation rules on the state level at FHQ. 

 

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Recent posts:

Colorado Republicans Eyeing a Primary Switch? ...and more

There is a central tension point in the New Hampshire presidential primary situation, but this still isn't it. 

Which couple of states?

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See more on our political/electoral consulting venture at FHQ Strategies. 

Is confusion inevitable in the Nevada Republican Party primary/caucus situation?

Invisible Primary: Visible -- Thoughts on the invisible primary and links to the goings on of the moment as 2024 approaches...

First, over at FHQ Plus...

• A belated look at the recent DNC Rules and Bylaws Committee meeting. Yes, Iowa and New Hampshire stole the headlines -- and for good reason -- but there was some other interesting stuff that transpired in St. Louis. Some thoughts on Iowa, New Hampshire and all the rest: All the details at FHQ Plus.

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In Invisible Primary: Visible today...

In the wake of the filing deadlines passing for both the Nevada presidential primary and the Republican caucuses in the Silver state over the previous two days, Natasha Korecki of NBC News had a piece up about the confusion the two contests may create for Nevada Republican voters next year. 

It is not the first time the notion of voter confusion has arisen in the context of the double dip elections taking place in Nevada in 2024. But it does raise some questions. Why are Nevada voters different from other voters who have encountered similar two-pronged processes like this in past cycles? Why (or maybe how) is the Nevada primary and caucus situation different from states that have had both previously? Is any of this primary/caucus conundrum in the Silver state unique at all? 

First of all, FHQ is of a mind that Nevada voters are not substantively different from voters in, say, Nebraska or Washington. Both had Democratic caucuses for allocating delegates and a state-run beauty contest primary as recently as 2016. Voters did not appear to be anymore confused than usual at the process in either case. Sure, more folks showed up to participate in the primaries than the caucuses, but that is not a new feature of the caucus/convention process. They are low turnout affairs by nature (if not design). 

Yet, one difference between those two sets of contests from 2016 and the Nevada situation in 2024 is their timing, or rather the time between the two events. Nebraska and Washington Democrats had March caucuses before May beauty contest primaries. That two months buffer (and the sequencing!) was different than what will take place in Nevada next February. Only two days will separate the state-run beauty contest primary on February 6 from the Republican party-run caucuses on February 8. And the binding contest will follow the beauty contest. So maybe that is a little different. 

But still, confusion? Texas Democrats did not seem to be muddling through the Texas two-step all those years. For much of the post-reform era Democrats in the Lone Star state held a primary and caucuses on the same day. The primary allocated about two-thirds of the delegates while the post-primary caucuses allocated the remainder later in the evening. [Incidentally, while the Texas two-step died on the Democratic side starting with the 2016 cycle, Republicans in the state have revived it and will use it again in 2024.] Voters seemed to make it through that process. Delegates were allocated. And all of it happened with no buffer between the two contests. 

But the real difference between Nevada in 2024 and some other earlier similar examples is that there will be interesting cross-pressures in the Silver state next year. Some debate-qualifying candidates will be urging Nevadans (at least to some extent) to participate in the primary for which they already have a ballot in the mail. Others, and it is most of the big-name candidates, will be trying to get out the vote in the caucuses two days later. 

That is different than previous examples. Both Hillary Clinton and Bernie Sanders were on the primary and caucus ballots in Nebraska and Washington. Barack Obama and Clinton were both participants in both phases of the Texas two-step in March 2008. None of those candidates were working against another group of candidates who were only vying for delegates or attention in one or the other of the two contests in a given double dip state. 

What this Nevada Republican situation is akin to is like what happened in the Michigan Democratic primary in 2008. Under rules new to the DNC that cycle, candidates were not supposed to campaign in states like Michigan (or Florida for that matter) that held unsanctioned primaries earlier than allowed by the national parties. But some Democratic candidates -- Obama and John Edwards among others -- went a step further and removed their names from the January 15 ballot in the Great Lakes state. Clinton did not. The former group asked their supporters to vote for "uncommitted" in the primary in the hopes of swinging some delegates in any subsequent fight, but that Obama and Edwards were not on the ballot had some impact on turnout. 

And it is likely that the split filings across contests will have some impact on turnout in the Nevada beauty contest primary. But that dampening effect and any felt by the primary being a beauty contest may be masked to some extent by the convenience of voting by mail on a ballot provided to all registrants. Even without that masking effect, the turnout is very likely to be higher, if not much higher, in the primary than in the caucus. And participation in the primary may even be a drag on later caucus participation. 

That may or may not also be by design. 

...

From around the invisible primary...

• In the money primary, Nikki Haley scored a coup in winning the support of Florida-based investor, Keith Rabois, who shifted from backing DeSantis to the former UN ambassador.
• Big donors in Tennessee remain on the sidelines, but Donald Trump tops the field in money raised in the Volunteer state followed by South Carolina Senator Tim Scott.
• There are only so many statewide endorsements to go around in Iowa and one of the big ones, Attorney General Brenna Bird. has thrown her support behind former President Trump.
• TIM PAC, the super PAC supporting the White House bid by Senator Scott nixed its $40 million ad buy in three early states.
• Rep. Dean Phillips (D-MN) may still be entertaining a challenge to President Biden for the Democratic nomination, but he appears to be focused on the same unsanctioned contest that Robert Kennedy Jr. was eyeing, New Hampshire. Yeah, the one where the president will not be on the ballot. He has already missed the filing deadline in Nevada.

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Recent posts:

In Nevada, a choice between a symbolic win and delegates

The incentives of chasing delegates in California's Republican primary

The 14th amendment and presidential primary ballot eligibility

Follow FHQ on Twitter, Instagram, Facebook, Mastodon and Post or subscribe by Email. Oh, and find us on Threads: @fhq.plus.

See more on our political/electoral consulting venture at FHQ Strategies. 

In Nevada, a choice between a symbolic win and delegates

Invisible Primary: Visible -- Thoughts on the invisible primary and links to the goings on of the moment as 2024 approaches...

First, over at FHQ Plus...

• Over the weekend, The New York Times had yet another "Trump is working his connections in state parties to affect the delegate rules" stories. The article and others of its ilk keep falling into the same trap in considering the depth of Team Trump's efforts without contextualizing either it or the lacking outreach from other campaigns. It was not all bad, but we go over the good, the bad and the ugly from the piece. All the details at FHQ Plus.

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In Invisible Primary: Visible today...

...

Today is the filing deadline in Nevada for the state's newly established presidential primary. It comes a day after filing closed for the Republican caucuses in the Silver state. 

Since the Nevada Republican Party is prohibiting candidates who file in the primary to also file in the caucuses, the nearly overlapping filing deadlines offered a split screen comparison of sorts. Some candidates -- Mike Pence and Tim Scott -- opted for the primary while others -- Donald Trump, Doug Burgum, Chris Christie, Vivek Ramaswamy and Ron DeSantis -- have filed in the caucuses. 

[It is not clear that Nikki Haley filed or not in the caucuses, but if the former UN ambassador has not yet filed in the caucuses, then the primary will be the only remaining option.]

The choice confronting the campaigns is one between a symbolic win in the primary two days before the Nevada Republican caucuses or of claiming some share of a small pool of delegates on the line in the February 8 caucuses. That the campaigns standing behind known quantities like the former vice president and a current US senator from South Carolina (one with significant financial backing) opted to forgo even a small share of delegates suggests something about the state of their campaigns and their thinking about how Nevada fits into the broader 2024 Republican presidential nomination process. 

For starters, the qualifying threshold for delegates in the Nevada caucuses is relatively low. "All candidates who receive the percentage of vote required for one or more delegates" qualify under the standing rules of the Nevada Republican Party. The state party suggests that is roughly 4.5 percent.¹ And all things considered, that is a pretty low bar. 

Yet, Pence and Scott have taken a pass on any of those delegates by filing in the beauty contest state-run primary. That strongly suggests that both campaigns view the odds of succeeding in the caucuses as long and/or that, even set so low, the qualifying threshold is too high. There are also alternative ways of looking at either of those. The odds can be seen as long because the rules put in place for the caucuses by the state party appear to advantage Donald Trump. As for the delegate threshold, it may be less that the bar is too high and more that the payoff is so low in the Silver state. After all, there are just 26 delegates at stake that will be divided among the qualifying candidates. 

Through that lens, the gamble may be worth it to Pence and Scott. A win in a statewide primary -- even a beauty contest -- with likely more participants than the caucuses later in the week may grab some attention. That may be worth something. But what exactly that something equates to is harder to pin down and likely destined to quickly dissipate. The effects may not wear off before the caucuses two days later, but will certainly trail off well in advance of the next contest, the South Carolina Republican primary on February 24. 

Is that worth more than taking some small share of 26 total delegates in Nevada? 

In the very short term (next February), maybe. But long term, probably not. At some point candidates are going to have to start treating the race for the Republican presidential nomination as a process to keep delegates away from Trump. Delegates, after all, are the currency of the process in the end. And whether a campaign views Nevada as a lock for Trump or not, it is probably a mistake to cede any delegates. 

However, it is worth pointing out that the Nevada Republican caucuses of 2024 are not some Harkin-in-Iowa-1992 scenario. Pence and Scott may have opted out of the Silver state contest where candidates are vying for delegates, but others have filed for the caucuses. And that may be enough to trim some delegates from Trump's total in the state. There is no winner-take-all trigger, so there is only so much that the former president can run up the score on the rest of the field. 

Still, proportional states are where the field has to collectively dent Trump's haul.

...

From around the invisible primary...

• In the filing primary, Tim Scott filed in South Carolina today ahead of the deadline there at the end of the month. And DeSantis opted for the Nevada caucuses on the last day of filing.
• The AP has a go at a Trump-bolsters-his-campaign-in-Iowa story. Folks are making the obvious comparisons to Trump's 2015-16 efforts in Iowa, but here is another: this slow build feels a bit like the pace of the Romney operation the Hawkeye state in 2011. There are differences, of course. Iowa was never really a good fit for Romney in the 2012 cycle. That is not exactly the case for Trump in the state in 2023. But polling suggests a weaker Trump advantage there than nationally. And while Trump 2023 may be emphasizing Iowa differently, he has not exactly pushed all of his chips into the Iowa-or-bust pot. ...because he does not have to. 
• Over in the money primary, Q3 reports continue to be released. President Biden and the DNC jointed posted a $71 million figure for the period ending on September 30. North Dakota Governor Doug Burgum raised $3 million in July-September. Former Vice President Pence raked in $3.3 million for the quarter but debt accrued to this point is starting to be a drag.

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¹ There is some wiggle room on that figure based on the full language of the rule, but that is a story for a separate post. Plus, how NVGOP interprets its own rules matters in this context regardless of any variation in interpretation of the qualifying threshold.

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Recent posts:

The incentives of chasing delegates in California's Republican primary

The 14th amendment and presidential primary ballot eligibility

About that debate last night...

Follow FHQ on Twitter, Instagram, Facebook, Mastodon and Post or subscribe by Email. Oh, and find us on Threads: @fhq.plus.

See more on our political/electoral consulting venture at FHQ Strategies. 

[From FHQ Plus] Yes, Iowa still matters

The following is cross-posted from FHQ Plus, FHQ's subscription newsletter. Come check the rest out and consider a paid subscription to unlock the full site and support our work. 

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From Yes, Iowa still matters:

Iowa Republicans have set a caucus date for 2024. That got some folks thinking about the caucuses place in the presidential nomination process:

“What if Iowa doesn't matter?”

That was a question Chris Cillizza recently posed. And FHQ gets the point. Cillizza is suggesting that either Trump will win the lead-off caucuses next January or will lose and do what he did in 2016, cry foul at the process before moving on to a more hospitable format -- a primary -- back east in the Granite state. 

And that point is well taken. It is a narrower variation on the 2024 is a repeat of 2016 line that has become standard in the discourse of the Republican presidential nomination race this time around. However, that does not mean that it is off base. It may be!

But where FHQ parts ways with Cillizza is on a broader distinction perhaps.

Of course Iowa matters. 

Of course Iowa will matter. Win or lose, things may play out with Trump in the lead role just as Cillizza suggests, but it does not mean that the caucuses will not matter. They will matter in the way that they always do. The caucuses will winnow the field.

But how will Iowa (and New Hampshire) winnow the field? That may be the more operative question heading into primary season next year. Do the early contests literally winnow the field, forcing candidates from the race or do they effectively winnow the field, significantly diminishing the chances of candidates outside the top tier (however that is defined at the time) to near-zero levels?

We may never get a good answer because often, at least in recent cycles, it has been a little bit of both. Viable, office-seeking candidates, like Kamala Harris or Cory Booker on the Democratic side in 2020, who do not want to be winnowed by Iowa or New Hampshire -- those who see the writing on the wall during the invisible primary -- will drop out before the calendar even flips over to the presidential election year. Others, call them the all the eggs in the Iowa or New Hampshire basket candidates, such as Chris Christie in 2016, are among those left to "force" out at that point. 

Often, however, candidates do not neatly fit into one or the other of those categories. While Harris and Booker bowed out in 2020, other viable candidates soldiered on through Iowa, New Hampshire and into or through the other early window states in the Democratic order leading up to Super Tuesday. And that is a story as much about field size as it is about money available to keep those campaigns afloat. 

Yet, it is also a story of zombie candidates, effectively winnowed but still in the race and gobbling up not only vote shares in subsequent primaries and caucuses but potentially (depending on the rules) delegate shares. And that is where these early contests matter. They shape or do not shape the field left to fight over votes and delegates on down the line. No, some to a lot of those candidates-turned-zombies after Iowa or New Hampshire may not even qualify for delegates, but their presence affects how and how many delegates the candidates who do qualify end up being allocated. 

So, no, Iowa may not matter in identifying the eventual Republican nominee in 2024 (not Cillizza's point) and it may not matter where Trump (and/or the winner) is concerned. But it and any other early contests, not to mention the invisible primary, will shape the field that moves forward and how. It will affect the way subsequent rounds of the delegate game are played. That is important. That matters.

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Recent posts:

The DeSantis-is-sinking stories may be oversold to some degree, but...

The Trump Campaign has been very disciplined on endorsements during the 2024 cycle

Nevada GOP Primary/Caucus Lawsuit Shot Down in Carson City

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See more on our political/electoral consulting venture at FHQ Strategies. 

Sunday Series: What exactly are Nevada Republicans up to on delegate rules for 2024?

Nevada is, to a great degree, the redheaded stepchild of the early primary calendar. 

It almost always has been since the Democratic National Committee (DNC) in 2006 added the Nevada caucuses to the lineup for the 2008 cycle. Those caucuses in the Silver state were to have been between Iowa and New Hampshire under the rules adopted by national Democrats, but then Florida and Michigan crashed the party, pushing into January and setting off a domino effect on the rest of the early calendar. 

The Michigan move to January 15 forced the primary in New Hampshire, under state law, up two weeks, earlier than prescribed in the DNC rules. But Nevada Democrats hung back, keeping the party's caucuses at the point on the calendar consistent with the national party guidelines, 17 days before Super Tuesday. 

Thereafter, the Democratic rules institutionalized Nevada in the third position in the calendar order rather than in the second slot. 

Things were different on the Republican side of the ledger. Never intended to be a part of the early Republican calendar for 2008, Nevada Republicans, nonetheless, aligned their caucuses with the precinct meetings of Silver state Democrats in the middle of January. That had the benefits of moving the Republican caucuses into the mix and not ceding the early organization in the state to Democrats. But it also ultimately meant the Republican caucuses would be scheduled on the same date as the Republican primary in South Carolina.

However, because the 2008 delegate allocation in Nevada was not bound to the results of those caucuses, Republicans in the state skirted national party penalties on the timing of primaries and caucuses. After all, it was the DNC that had added Nevada to the early calendar for 2008. National Republicans had not. In fact, the Republican National Committee (RNC) did not exempt Nevada in their rules until the 2010 series of amendments were added to the rules adopted at the 2008 national convention in St. Paul. And even then, the Nevada Republican precinct caucuses did not elect, select, allocate or bind delegates to the national convention in 2012. Ron Paul ultimately controlled that delegation in Tampa.

Regardless, the Nevada caucuses had been added to the list (in the rules) of carve-out states the RNC allowed to hold contests before Super Tuesday. But the implementation of the caucuses in both 2008 and 2012 was problematic enough that it never seemed as if Nevada Republicans and the caucuses were on solid ground on the early calendar. Although no overt threats to Nevada's position ever really materialized, the legacy of the reluctant Republican adoption of Nevada as a part of the early presidential primary calendar has persisted. It has been ingrained in the fabric of how presidential campaigns have approached the state in the intervening years. 

Unlike Iowa, New Hampshire and South Carolina, the caucuses in Nevada were not and have not long been a featured part of the early Republican calendar. And it shows. Nevada often goes unmentioned in stories of candidate trips to the early states and when candidates do show up in the Silver state, the state is often talked about as a forgotten (or not focused upon) aspect of the beginnings of the nomination process. 

But is that about to change or is it in the process of changing? 

Winner-take-all?

No, FHQ does not mean the DeSantis visit to the Silver state this weekend is a change. Rather, it is something else oddly buried in the next to last paragraph in an NBC story about it. 

But, [former Nevada Republican Party executive director, Zachary] Moyle noted, Nevada does present a “massive opportunity” to candidates because of its “winner-take-all” system, in which all of its delegates are awarded to the candidate who carries the state.

This is actually news that either is big or deserves a fact check. Nevada conducting a primary or (likely) caucuses with winner-take-all rules in the early window of the Republican process is or would be a big deal. Sure, there are only roughly 25 delegates at stake, but if they were all to be allocated to the winner statewide, then that could prove to be a bigger net delegate margin than in a much larger state with far more delegates on the line under a more proportional system. Nevada could punch about its weight and deliver a fairly major victory early in the process. 

But is Nevada winner-take-all? 

Maybe?

According to Zachary Moyle, yes. But the standing rules that are posted on the Nevada Republican Party web page as of this writing suggest no:

In accordance with the Rules of the Republican National Committee, in Presidential election years, the Nevada Republican Party chooses that its National Delegates and Alternates shall be allocated proportionally based on the final results of the Nevada Presidential Preference Poll, the Alternative Presidential Preference Poll or the Presidential Primary Election, as appropriate, rounded to the nearest whole number.

Granted, those rules date to June 2020 after the Alternative Presidential Preference Poll (APPP) of the last cycle, a contest where President Trump won all of the delegates from the Silver state. But the APPP is not necessarily designed to be a winner-take-all contest. It is a contest that is triggered by an incumbent Republican president seeking reelection. But other candidates are eligible under the rules and can gain access to the ballot with the signatures of 20 members of the Nevada Republican Party State Central Committee. None did in time for the 2020 vote among the members of the NRPSCC, so Trump was the only name on the ballot. And by extension, he won all of the available Nevada delegates. 

But in a competitive cycle in a Nevada Presidential Preference Poll (caucuses) or a Presidential Primary Election, the allocation would be proportional. 

However, maybe those rules are obsolete. They could be. It may just be that the Nevada Republican Party has adopted new rules for 2024 in the time since June 2020 and the web page has simply not been updated. This is entirely possible.

But winner-take-all? In February?

Assume for a moment that the currently posted rules are wrong. They are outdated and a new version detailing the winner-take-all allocation rules for 2024 have not replaced them. Well, that does raise an interesting question. 

Are states with contests before March 15 not prohibited from using truly winner-take-all rules, where a plurality winner statewide wins all of the delegates? Yeah, actually that is true. But here is the thing: under Rule 16(c)(1) Iowa, New Hampshire, South Carolina and Nevada are exempt from both the winner-take-all restrictions and (for the most part) the timing restrictions barring states from holding contests before March 1. 

So...

If the Nevada rules have been changed and are now winner-take-all, then technically, that is compliant under RNC rules. And that is a reality that is flying under the radar for A LOT of people, including the campaigns. A winner-take-all Nevada is a Nevada that more candidates would be flocking to. They are not. ...at least not yet. 

What about that Nevada Republican Party lawsuit against the new presidential primary?

That may be the funny thing here. The lawsuit may actually point toward the posted rules being outdated. 

Why? 

A cursory dig through those rules turns up this section:

§ 7.0 Primary Election Contingency.
Should state law be amended to provide for a Presidential Primary Election, the provisions of this chapter regulating a Presidential Preference Poll shall be null and void, but all other provisions not related to the Poll otherwise regulating Precinct Meetings shall remain in force.

Read that section. It seems receptive to a presidential primary. It defers to any newly amended law providing for a presidential primary in the Silver state. If the Nevada Republican Party has not changed the rule, then that conflicts with the stated intent of the lawsuit. If the rule has been changed or stricken, then the recent presence of such a rule undermines lawsuit to some degree. Look, parties have the freedom of association under the first amendment and a party can alter the rules that govern it. Nevada Republicans are on firm ground there. But it is not a good look if the current rules give (or recently gave) a thumbs up to the presidential primary and the state party is suing to get out of it. That would not suggest good management at the party. 

But again, the rules may be different. They could have been altered since June 2020 and the new version not posted. It happens. But the questions now are this:

1) Are there different rules in place for 2024 than the ones posted, dated June 2020?

2) What are those rules? Do they include a truly winner-take-all allocation method in the early window? Do those changes eliminate the presidential primary contingency? 

If Nevada is actually winner-take-all in the Republican process, then that is a big deal that deserves a lot more discussion than it has received to this point in the invisible primary. It certainly begs for a more prominent position than the next-to-last paragraph in a story. 

But if the rules are the same, then why did that winner-take-all reference from Moyle go unchecked?

A lot of questions. Not a lot of answers. Not yet anyway.

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[From FHQ Plus] A glance inside one of the primary alternatives for Idaho Republicans

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[From FHQ Plus] A glance inside one of the primary alternatives for Idaho Republicans

The following is a cross-posted excerpt from FHQ Plus, FHQ's subscription newsletter. Come check the rest out and consider a paid subscription to unlock the full site and support our work. 

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From Idaho Republicans Are Making Plans for a 2024 Without a Presidential Primary:

[NOTE: Earlier in 2023, the Idaho legislature eliminated the separate March presidential primary in the Gem state. And due to a drafting snafu did not reinsert the necessary language to consolidate the primary with the May nomination contests. That has put both parties in the state in a bind for 2024.]

Already, Idaho Democrats have called for a special session to restore the primary, scheduling it along with the primaries for other offices in May as was the intent of the bill that was initially brought before the state legislature earlier this year. But Gem state Democrats have also put forth a contingency plan for caucuses on Saturday, May 18 if the legislature does not act to fix the primary problem in time for 2024.

But what about Republicans in the Gem state? 

For Idaho Republicans both the demands and the contingency plans are different. In fact, there are two plans from which the Idaho Republican Party State Central Committee will choose at the summer meeting in Challis on June 23-24: a caucus plan and a convention plan.

Presidential Caucus Plan

Idaho Republicans do have some recent experience with the use of caucuses for allocating and selecting delegates. The party last used one in 2012. But the 2024 caucus plan proposed by Region 2 Chair Clinton Daniel strays from the vote-until-a-candidate-receives-a-majority, winner-take-all method the party used in the cycle when Mitt Romney won the caucuses. 

Instead, the Daniel’s proposal would provide for a more traditional caucus with a more conventional allocation scheme. First of all, the delegates would be pooled under the provisions of the plan. There would be just one allocation for the at-large, congressional district and automatic/party delegates combined. Additionally, there would be a winner-take-all trigger, where, if a candidate wins a majority of the caucus preference vote statewide, then that candidate would be awarded all of the Idaho delegates. Otherwise, delegates would be proportionally allocated with a 15 percent qualifying threshold. Any rounding would be to the nearest whole delegate with any unallocated delegate going to the winner. 

Again, all of that is fairly conventional. But there are a few unique provisions in the proposed caucus plan:

1. The date: The proposed date for the presidential caucuses in this plan? Saturday, March 2, the same day as the Michigan Republican district caucuses. Basically, both of those contests would fall into a position on the calendar similar to that of the South Carolina Democratic primary in 2020, the Saturday before Super Tuesday.1 That is not the February date that Idaho Republican Party Chair Dorothy Moon talked about in the committee hearing that derailed the presidential primary fix, but it is close. 

2. A conditional caucus: But there is a catch in the caucus plan. If the state legislature restores the presidential primary before the October 1 RNC deadline for delegate selection plans to be submitted to the national party, then the Idaho Republican Party would use the state-run primary. However, Idaho Republicans would only use the primary if the election is scheduled for the second Tuesday in March as it was before H 138 unintentionally eliminated it this past legislative session. [This seems unlikely. What drove the elimination of the separate presidential primary in the first place last winter was the cost savings associated with consolidating the presidential preference vote with other primary elections in May.]

3. A two-tiered filing process: If the prime, March 2 date is not enough to draw candidates out to the Gem state to campaign and spend money, the system under which candidates will file to participate in the caucuses may. The baseline filing fee is set at $50,000 under the proposal. Candidates may choose not to campaign or spend money in the state, but the campaigns would have to fork over an exorbitant fee to the state party, a fee that may cushion that blow to Idaho Republicans of candidates skipping out on the state. But that is not the only filing option. The fee is cut in half if the candidate holds an event in the state sometime during January or February 2024. That is still a lofty fee and it has the benefit of bringing the candidates into the state. It is a clever twist that a state party can more easily pull off with a party-run process (than a state-run one, the parameters of which are defined by state law).

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

Looking for Part Two? A closer look at the details of and problems with the primary-caucus hybrid Michigan Republicans have proposed for 2024 can be found at our sister site, FHQ Plus.

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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.

Looking for Part Two? A closer look at the details of and problems with the primary-caucus hybrid Michigan Republicans have proposed for 2024 can be found at our sister site, FHQ Plus.

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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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[From FHQ Plus] Folks, the new caucus law in Iowa does not affect state Democrats' plans for 2024

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See more on our political/electoral consulting venture at FHQ Strategies. 

[From FHQ Plus] Folks, the new caucus law in Iowa does not affect state Democrats' plans for 2024

The following is cross-posted from FHQ Plus, FHQ's subscription newsletter. Come check the rest out and consider a paid subscription to unlock the full site and support our work. Follow the link below.

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From Folks, the new caucus law in Iowa does not affect state Democrats' plans for 2024:

There is a lot going on with the new caucus law in Iowa. Governor Kim Reynolds signed HF 716 on Thursday, June 1 and the measure requires in-person participation at precinct caucuses that select delegates as part of a presidential nominating process. That one fairly simple change has created a great deal of confusion as to the true nature of its effects for the two major parties in the state in 2024. But just because the new requirement fits into a complicated web of component parts does not mean that one cannot suss out what is going on here. 

Here is what is going on in the Hawkeye state now that the law has been changed.

1) This new law does not affect the delegate selection plans for 2024 that Iowa Democrats have previewed. It does not. Read the language of the change:

If the state central committee of a political party chooses to select its delegates as a part of the presidential nominating process at political party precinct caucuses on the date provided in subsection 1, the precinct caucuses shall take place in person among the participants physically present at the location of each precinct caucus.

Everything one needs to know about that entire section and how it interacts with the Iowa Democratic Party delegate selection plan is right there in that one highlighted word, select. The proposed vote-by-mail component of the Democrats’ defined “caucus” procedure has nothing to do with the process of selecting delegates. It has everything to do with the allocation of delegates. That all-mail presidential preference vote affects the allocation and not the selection process. As such, it is unaffected by what Governor Reynolds signed into law on Thursday. 

The selection process for delegates to the national convention will commence at the precinct caucuses, presumably on the same night for Democrats in Iowa as Republicans. According to the draft plan from Iowa Democrats, that part will be conducted in person. It would comply with the new law. 

2) Just because the provisions of the Iowa Democratic Party draft delegate selection plan for 2024 comply with the newly signed law does not mean the law is constitutional. Private political parties have the first amendment right to freely associate, to freely and independently determine the rules of how their members associate. The new law abridges that freedom to some degree by requiring in-person participation. 

Look, Democrats in Iowa may sue in an attempt to have this restriction rescinded, but that action would be taken because it infringes on the party’s broad first amendment rights and not because it affects the party’s plans for the 2024 presidential nominating process. It does not.

The big issue here is that actors in Iowa have blurred the lines on this for more than 50 years to protect the first-in-the-nation status of the caucuses. State government decision makers have legislated their way into political party business. And that works when everyone is on the same page, regardless of party. But when there is a split along partisan lines like there is in 2023, and one side attempts to further legislate to further insulate first-in-the-nation status, it raises red flags with respect to how much state law has crept into party business. That is what provoked this response from Iowa Democrats to the bill’s signing on Thursday:

"No political party can tell another political party how to conduct its party caucuses. Iowa Democrats will do what's best for Iowa, plain and simple," Hart said. "For many years, Iowa Democrats have worked in good faith with the Republicans to preserve our caucuses. This legislation ends decades of bipartisanship, and now Kim Reynolds has signed off on this attempt to meddle in Democratic party business."

Yet, that has nothing to do with Iowa Democratic Party plans for 2024.

3) One additional layer to all of this that FHQ should reiterate is that Iowa Democrats do everyone a disservice by continuing to call this new and newly bifurcated delegate selection process a “caucus.” It is not. There is a caucus component to it, the selection process. But overall, the whole thing is not a caucus. A traditional caucus process basically merges the beginning of the delegate selection process with the delegate allocation process. But under the plan, the precinct caucuses only affect the initial stages of the selection process. Again, the allocation process is separate and dictated by the results of the proposed vote-by-mail presidential preference vote. 

That is a long name. Let’s give it another one: party-run primary. The proposed preference vote is a party-run primary. It is that simple. Iowa Democrats’ plan for 2024 brings the party in line with the bifurcated process in nearly all state-run and party-run primary states. It is, in other words, completely normal. 

But Iowa Democrats continue to call this entire process a caucus. It is understandable why. There is a certain branding behind the caucuses as they have existed at the front of the presidential primary queue for half a century. Obviously that would be difficult to give up. And that is why Iowa Democrats have bent themselves into pretzels to satisfy both the national party and folks at home to whom being first matters. Thus, the caucus component of the process — the selection part, recall — will remain first in the nation and the party-run primary part will happen at a time that likely complies with DNC rules. All of this, of course, assumes the plan is approved by the DNC Rules and Bylaws Committee in the end. If it does not comply, then the plan will not be granted approval.

But let’s call a spade a spade. Iowa Democrats will have a party-run primary in 2024 if this plan is approved. They can call it what they want, but calling it a caucus only confuses things in the near term as all of this dust settles. 

4) Another point of confusion in the coverage of this new law is the how it affects the delicate relationship — one forged over half a century — between Iowa and New Hampshire. To repeat, this new law does not affect the plans Iowa Democrats have for their delegate selection process in 2024. By extension, then, it does not affect anything between Iowa and New Hampshire. 

The bottom line for New Hampshire Secretary of State David Scalan in all of this is simple. He is looking at one thing. One thing: the date on which the vote-by-mail preference vote concludes. Now, if that process were to wrap up on caucus night in early to mid-January, then yes, Secretary Scanlan would likely take issue with that move and act accordingly with respect to the scheduling of the presidential primary in the Granite state. He would, because of the law there, schedule the primary for before the end of the preference vote. 

But what if that preference vote ended not only after the precinct caucuses, but well after them? What if both that process concluded and the result were released some time in February (if a waiver was granted by the DNC to Iowa instead of Georgia and/or New Hampshire) or in March or later? Well, Secretary Scanlan would have little to worry about in that scenario. He could nudge the New Hampshire primary up beyond the South Carolina Democratic primary scheduled for February 3 and any other similar election that might slot into the calendar before that point. 

Iowa Democrats are angling for an early window slot on the Democratic primary calendar. That is the hold up right now. Once that date is known, the New Hampshire conflict will materialize and intensify or it will not. Iowa Democrats appear to be trying their darnedest to get back into the good graces of the national party after 2020, so the odds are very good that all of this supposed friction between Iowa and New Hampshire will melt away once the timing question is answered. 

But to reiterate, that supposed friction has nothing to do with this law. It has everything to do with the date of the preference vote being unknown. The two things are separate despite what the Republicans driving this change to the law in the Iowa legislature may suggest. That became clear when the bill was amended and passed the state House on May 1. Those changes to the initial bill gave Iowa Democrats the flexibility they needed to move forward with the delegate selection plan they unveiled two days later. The in-person requirement was window dressing for New Hampshire, but the real change was in the registration requirements the new law allows the parties to set. It is not specified but Iowa Republicans can institute the 70 day registration buffer that was stripped from the initial bill because of the broad discretion the new law affords the state party.

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Is all of this complicated? 

Sure, there are a lot of component parts to it all. But those parts can be parsed out and that is what is missing in nearly all of the coverage of this new law in Iowa. There seems to be a lot of throw all of the information out there, let everyone figure it all out on their own and assume chaos. Hey, it gets clicks. But one does not have do dig too deeply or work too hard to put the puzzle pieces together. And that way chaos does not necessarily lie.

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