Iowa House measure would create first-in-the-nation presidential primary option

After Iowa Democrats lost their privileged position atop the presidential primary calendar in 2024, at least one Democrat in the Hawkeye state is pushing back. Rep. David Jacoby (D-86th, Coralville) has introduced HF 484 to establish a state-run presidential primary option alongside the state's long-running first-in-the-nation caucuses. 

On the one hand, Jacoby's legislation would align Iowa with the aims of national Democrats. The DNC has made a point over the last several cycles of encouraging increased participation in the presidential nomination process by nudging state Democratic parties toward primaries (state-run if possible) over state party-run caucuses. This bill successfully navigating the legislative process in Des Moines and being signed into law would shift Iowa Democrats closer to that national party goal. 

However, that one step forward is made in conjunction with another provision that runs counter to the national party rules with respect to the presidential primary calendar. On that front, Jacoby's bill would set the date for the state-run presidential primary for "at least four days earlier than the scheduled date for any meeting, caucus, or primary which constitutes the first determining stage of the presidential nominating process in any other state, territory, or any other group which has the authority to select delegates in the presidential nomination."

Now, no final decisions have been made by the DNC about which states will comprise the early window contests on the 2028 presidential primary calendar. That will not be settled until the late summer/early fall of 2026 at the earliest. Therefore, this bill would not necessarily put Iowa Democrats in the crosshairs of the national party with regard to the timing of this proposed state-run presidential primary. But nor does the potential law provide much statutory leeway either. If HF 484 becomes law and Iowa Democrats do not secure an early slot on the calendar -- and not just early, first -- then the state party would run afoul of national party rules, incurring sanctions. 

Indeed, Iowa would not only run afoul of the DNC rules under those circumstances, but that primary would also trigger the similar state law in New Hampshire (the seven days before any similar contest provision). And that would set off a race to see which state could organize the earliest (unsanctioned) contest the fastest, all under the auspices of state law in both cases. 

Those are all concerns that are layered into this particular bill. But there are issues back home in the Hawkeye state as well. Chief among those issues is that Democrats are locked out of power from the decision-making positions in Iowa. In other words, Jacoby would have to get at least some, if not a lot of buy-in from Republicans who hold the reins of power in both the legislative and executive branches in the state. It is not clear that Iowa Republicans, in or out of the legislature, would go for this bill. After all, the Republican Party of Iowa stuck with the first-in-the-nation caucuses in 2024 -- it was consistent with Republican National Committee calendar rules -- while state Democrats abandoned them for a vote-by-mail party-run presidential primary to stay within their national party's guidelines. 

An all new, state-run primary would also ostensibly require state funds to implement the legislation. There is no fiscal note included in this legislation, but any price tag would likely be met with some resistance from Republican legislators, who may or may not prefer the caucuses to a primary option. However, keeping Iowa first, as this bill does, would potentially win over some support for a primary option. Yet, given the presence of the caucus option already, it would likely be minimal. 

Some Iowa Democrats have been clamoring for a presidential primary option since 2023-24, and while this bill may meet that wish, it faces an uphill climb for a host of reasons.

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NOTE: Counter to the reporting from KAAL TV in southern Minnesota, this legislation would not "end the [presidential] caucus system" in Iowa. Rather, it would provide for a state-run primary option if a state party chair requested such an election from the state commissioner of elections. The caucuses would remain an option, the default option in fact.

An early update on presidential primary movement in 2025

There are likely much larger fish to fry at the moment, and besides, it remains very early in the 2028 presidential nomination cycle. But actors on the state level in state legislatures across the country are laying the groundwork for the next round of (state-funded) presidential primary elections now. 

But as was the case during the 2024 legislative sessions in state capitols around the nation, much of the work is predominantly of two different varieties. First, legislators in states with recently eliminated presidential primary elections have attempted to bring those elections back. Much of the 2024 activity on that front was in an effort to rescue the elections for 2024. 

As it turned out those efforts were for naught. Legislators in neither Idaho nor Missouri were successful during the early months of the presidential election year in reviving state-funded presidential preference elections. And so far, only a handful of bills in Missouri have been introduced in 2025 to reverse the elimination of the primary in the Show-Me state.

The other grouping of legislation at the state level is a series of bills that have been raised in the past and have gone nowhere. Whether that changes in 2025 is yet to be determined, but if past is prelude, then many of these measures will gather dust in committee before dying at the end of legislative sessions. Count bills in Hawaii, New York, Ohio and Oregon among this group. 

In total, this is about what one should expect of legislation to shift presidential primaries around on the calendar this far in advance of another series of nomination contests. Very simply, the urgency is just not there this far out, nor is the attention with other more pressing matters before legislators at both the national and state levels. And that is reflected in the figure above: The success rate of primary legislation in the year following a presidential election is very low. It is low anyway, regardless of year, but the activity is at its nadir in the year after and typically at its peak during the session in the year immediately prior to a presidential election year. 

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For more on the 2028 presidential primary calendar see the bare bones up-to-date calendar here and the 2028 presidential primary calendar plus here at FHQ Plus. Last update here.

Alternate Missouri Senate bill would reestablish presidential primary and schedule for April

The fourth of four bills currently before the Missouri General Assembly in its 2025 state legislative session would also bring back the presidential primary nixed in 2022 but schedule the election for yet another -- a fourth -- distinct date on the calendar. 

SB 417, introduced by Senator Jill Carter (R-32nd, Jaspar/Newton), resurrects ideas first brought forth in discussions over similar legislation in 2023. Namely, the objective, then as now, would be to consolidate the presidential preference primary with the general election for municipal offices on the first Tuesday after the first Monday in April. Only, the 2025 version contains a twist. 

The catch to conducting concurrent presidential primaries with a general election for municipal offices is an administrative one. The consolidation would require election administrators to simultaneously print both partisan primary ballots and effectively nonpartisan general election ballots as one across all municipalities (and the offices contained therein) together. It was that issue that played at least some role in derailing the push to reinstate the presidential primary in the Show-Me state before 2024: Administrators balked at the potential complexity introduced into the process. 

However, there is a fix to that snag in Carter's SB 417. The senator would have all presidential candidates regardless of party listed on the ballot for the presidential primary/municipal general election. There would be no Democratic ballot, no Republican ballot, no ballot for those wishing to simply vote in municipal elections. Instead, everything would be on one ballot that all Missouri voters turning out in early April would receive. Results would then be delivered to state party chairs who would in turn allocate delegate slots to candidates identified with the respective parties. 

Left unspecified is how the uncommitted line (or lines) on the ballot would be treated. If there is merely one uncommitted option, then it could serve as a catch-all that is difficult to parse out along partisan lines for the purposes of allocation. That problem could potentially be solved by placing an uncommitted (Democratic) line in addition to an uncommitted (Republican) option on the ballot. But it is not clear in Carter's legislation which is the prescribed protocol. 

So, one leftover administrative issue is addressed, but in so doing, a possible unintended consequence is introduced. 

On the Missouri Senate side, bill would schedule a reinstated presidential primary in March

There are two bills currently in the Missouri state House to reinstate a presidential primary in the Show-Me state, but there is also action on the matter in the upper chamber in Jefferson City. 

In fact, legislation has also been introduced in the Missouri state Senate to bring back the state-funded presidential preference election eliminated by the General Assembly in 2022. One measure, SB 670 introduced by Senator David Gregory (R-15th, St. Louis), is more in line with HB 126 which would basically reset conditions to where they were with respect to the parameters of the presidential primary prior to 2022. That is to say that the primary election would revert to a position on the presidential primary calendar following Super Tuesday. 

But the two are not identical. The House version replicates the pre-2022 language in state law. In it, the primary would fall on the second Tuesday after the first Monday in March. However, Gregory's SB 670 strips out the latter portion and simply schedules the presidential preference election for the second Tuesday in March. In most years, including 2028, there is no difference between the two: the second Tuesday after the first Monday in March is often the second Tuesday in March. 

The exception is when March begins on a Tuesday. When March 1 falls on a Tuesday, then the second Tuesday in March is March 8. But the second Tuesday after the first Monday in March is not until March 15. It is the same reason it appears as if the Missouri presidential primary moved up a week from 2016 to 2020. In the former year, March began on a Tuesday. 

In the grand scheme of things, none of this is all that consequential. Yet, it is meaningful that none of the three Missouri bills discussed in this space thus far in 2025 are aligned on what the date of any reinstated presidential primary would be. And that is part of what derailed the 2023 efforts to revive the presidential primary in the Show-Me state. 

From Missouri, a competing bill to restore the Show-Me state presidential primary

Earlier this week, FHQ raised legislation introduced in Missouri that aims to reestablish the presidential primary formally nixed in 2022. That bill envisions a Super Tuesday primary in early March. But it is not the only measure seeking to reinstate the presidential preference election in the Show-Me state. 

A similar state House bill -- HB 126 -- would also bring back the state-funded presidential primary, but the legislation from Rep. Rudy Veit (R-59th, Wardsville) would schedule the election for the second Tuesday after the first Monday in March. Veit's legislation would turn back the clock, reestablishing the parameters under which the state's presidential primary was conducted before it was eliminated. There would be no Super Tuesday and no expansion of absentee voting as is the case in the competing House bill.

Veit filed similar legislation in late 2022 ahead of the 2023 legislative session in Jefferson City. It and other bills met roadblocks along the way in the legislative process and ultimately amounted to nothing.

New York bill introduced to move February presidential primary to April

Last week new legislation was filed in the New York Assembly to shift the presidential primary in the Empire state from February to April. A 4421 would not only move the presidential primary from the first Tuesday in February to the fourth Tuesday in April, but would also push the late June congressional primary to August. 

But the bill from Assemblymember Andrew Molitor (R-150th, Westfield) requires some further unpacking.

First, this is not a new idea. Versions of this same legislation were put forth in each of the last two legislative sessions. And in neither case did the bills go anywhere. This is all despite the fact that the New York presidential primary ended up scheduled for sometime in April in each of the last four cycles. [Note: Covid did ultimately push the April 2020 presidential primary to June.]

The past inaction says something about those previous bills: They break (and have broken) with the post-2008 protocol that has been established in the Empire state for dealing with the scheduling of the presidential primary election. No legislation since 2007 has sought to permanently change the date of the election. Instead, when late spring rolls around in the year before the presidential election, the New York state legislature introduces legislation crafted in consultation with the state parties to not only set the date of the presidential primary in the state but to define the terms of delegate allocation and selection to be used by each of the major parties. That legislation then sunsets after the general election, reverting the primary to the date set for the 2008 primary in 2007: the (noncompliant) first Tuesday in February. 

There is no indication that there is any momentum behind this latest effort to change that protocol. While the current method does technically put New York parties in noncompliance with national party rules, that reality at the very least forces legislators to revisit both the timing and method of delegate selection every four years. And theoretically at least that provides them an opportunity to carve out an advantageous position on the calendar (even if the default has been to place the election in April sometime).

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There is alternate legislation this session to permanently shift the primary to June as well.

Super Tuesday bill would reinstate Missouri presidential primary

Efforts have once again been revived in Missouri to rescue the Show-Me state's presidential primary after it was eliminated during the 2022 General Assembly session. Neither legislation filed in 2023 nor 2024 was successful in reinstating the state-funded option for the 2024 cycle. 

But work has started early in Jefferson City with 2028 in mind. One such bill, HB 367 from Rep. Brad Banderman (R-119th, St. Clair), would not only bring the presidential primary election back as a standalone contest, but would schedule the election for the first Tuesday in March, Super Tuesday. Unlike the other bills put forth, Banderman's legislation would also expand the window for early in-person absentee voting from two to six weeks. 

Under new legislation the Oregon presidential primary would shift up to March

A new bill filed in the Oregon state Senate would move the consolidated primary in the Beaver state, including the presidential primary, from the third Tuesday in May to the first Tuesday in March (Super Tuesday).

SB 392 was introduced last month by Senator Fred Girod (R-9th, Stayton) and would change the primary date to March in presidential years alone. In all other years, the primary would continue to fall on the third Tuesday in May. Similar legislation that has been raised in past cycles has gone nowhere, left to languish in committee.

Legislation introduced in New York would shift presidential primary to noncompliant date

Senator James Skoufis (D-42nd) has introduced a bill in the New York State Senate to consolidate the presidential primary in the Empire state with the primaries for state and local offices. 

S 1687, like the similar bills that have been filed in the three previous legislative sessions in Albany, would combine the presidential preference vote with other primaries on the fourth Tuesday in June. The intent is simple enough: to reduce the burden on both the state and its voters by forgoing the expense of administering a separate presidential primary election. 

But there is a catch. Noble though the goals of this legislation may or may not be, a late June presidential primary would run afoul of both national parties' delegate selection rules. The contest would fall too late in the cycle and would thus incur penalties for any New York state party that did not opt out of the primary and hold a party-funded and run contest on an earlier and compliant date. 

UPDATE (2/12/25): 

A companion bill, identical to the Senate version, has also been filed in the New York Assembly. A 5058, introduced by Assemblymember Jonathan Jacobson (D-104th, Newburgh), would also change the presidential primary from the first Tuesday in February to the fourth Tuesday in June (from one noncompliant date to another).

Ohio Senate Bill Would Move Presidential Primary to May

Legislation has once again been introduced by Ohio state Senator William DeMora (D-25th, Franklin) to move the presidential year primaries in the Buckeye state to the first Tuesday after the first Monday in May. Currently, Ohio statute calls for the consolidated primary, including the presidential preference vote, to be conducted on the third Tuesday after the first Monday in March.

SB 37 is similar to legislation that Sen. DeMora proposed and was unsuccessful in moving during the 2023 legislative session. The aim is to eliminate the presidential year exception to the timing of primaries in the Buckeye state, making the scheduling uniform across all years. 

Hawaii bill seeks to establish state-run presidential primary for 2028

Sen. Karl Rhoads (D-13th, Dowsett Highlands) introduced SB 114 to establish a state-run and funded presidential primary in the Aloha state. The election would be scheduled for the first Tuesday after the first Monday in April. 

That would fall on April 4, 2028 (the same day on which the Connecticut and Wisconsin primaries are currently scheduled).

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

Updated (2:15pm, Wednesday, November 15):

New Hampshire Secretary of State David Scanlan set the presidential primary date for January 23, 2024. 

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Original post:

It is primary date announcement day in New Hampshire.

Later today, Secretary of State David Scanlan will follow his statutorily-defined role and officially schedule next year's presidential presidential primary in the Granite state. It will answer the question of when the contest will occur on the 2024 presidential primary calendar, but that action will do little to change what has been clear for some time: New Hampshire will have an early contest and it will conflict with Democratic National Committee (DNC) rules for this cycle. 

But again, that has been clear for a while now. Republicans control the levers of power in the state and balked at making any changes to business as usual in terms of how the primary date gets decided every four years. That left in place a law that requires Secretary Scanlan to schedule the primary at least seven days before any other similar election. And Scanlan has maintained for nearly a year now that he intended to follow state law. Unless he takes issue with something in the Iowa Republican Party plans for 2024, then the primary will most likely land on January 23. [In none of Scanlan's comments since Iowa's Republican Party scheduled the caucuses there has he indicated that there is anything problematic.]

None of what will happen today, much less much of what has happened (or not happened) in New Hampshire state government this year has much of anything to do with the DNC calendar changes for the 2024 cycle. Well, they have not had much to do with it for months anyway. 

That is not where the tension is. That is not where the tension has been. But that did not stop NPR from pointing the finger in the wrong direction in a story about the announcement today. No, instead Josh Rogers gives us New Hampshire is expected to set a primary date that will buck Biden's preference.

Just to reiterate: All of that -- New Hampshire Secretary of State Scanlan not going along with Biden and the DNC's calendar design for 2024 -- has been a known known for most of 2023. And that has not been where the tension has been in this first-in-the-nation ordeal. Instead, that tension lies where it has been: in an intra-party dispute on the Democratic side between the national party and the New Hampshire Democratic Party. 

Look, FHQ realizes that New Hampshire Democrats are not going to budge on this. They just aren't. But the decision makers in the state party have and have had the power to defuse this situation all along. All they had to do -- all they have to do -- is plan for a party-run process that complies with national party rules and not go along with a rogue primary and primary date. Yes, that far easier said than done. There are political pressures that those same decision makers face from the rank-and-file members of the state party. And that is all well and good.

However, that is where the tension is in all of this. It is not and has not been between the DNC and Scanlan or Biden and Scanlan. And stories that are inevitably going to pursue that angle in the wake of the secretary's decision today are barking up the wrong tree. They just are. Today's announcement is meaningful in that it will answer the question of when the primary will be. It is an early contest in the process and that is important. 

But disputes with the DNC? That is all about the New Hampshire Democratic Party opting into a contest that the secretary of state sets, not the secretary himself or the action he is on the verge of taking. And the NPR piece is another in a long line of them that fails to note that. 

This is a fact that will become more and more prominent in the context of the Democratic calendar standoff as it will now move into the consideration of penalties phase. And the DNC Rules and Bylaws Committee has already given strong indications about where that is headed. 

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Over at FHQ Plus...

Some additional clarity on Republican delegate allocation rules at the state level

Gavin Newsom is running for president

Revisiting effective winnowing

Actually, Dean Phillips has broken any DNC rules. ...yet.

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Recent posts:

Which couple of states?

Why DeSantis Attacks Haley

There is no path to the Democratic nomination that goes through New Hampshire

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Which couple of states?

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...

• The Biden campaign officially informing Democrats in New Hampshire that he would not file to appear on the presidential primary ballot brought out all usual points in the stories about the national party's standoff with decision makers in the Granite state. ...and all the usual omissions. All the details at FHQ Plus.

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In Invisible Primary: Visible today...

Leave it to FHQ to locate and respond to something buried deep in a piece on Biden and New Hampshire. Well, in truth, that is where the primary calendar stuff usually gets tucked away. And Steven Porter's recent article at The Boston Globe saved the intrigue for the final line of a story about New Hampshire Secretary of State David Scanlan's reaction to Biden skipping out on the primary there: 

"Scanlan said he’s not quite ready to announce the date of the 2024 primary. He’s still keeping an eye on a couple of states to make sure they don’t try to jump ahead."

But which "couple of states?"

There are not a lot of states with legislatures currently in session. And fewer are actually looking at moving presidential primaries around. None of those efforts are particularly active at this late date. So it is unlikely that Scanlan is eyeing any state with a state-run process, a primary that would definitively conflict with the oft-discussed first-in-the-nation presidential primary law in New Hampshire. 

All that leaves are some question marks in states that project to have party-run processes in 2024, party-run processes that will not necessarily trigger any action from Scanlan in Concord. What is missing on that front are answers to where contests in Alaska, Wyoming and four of the five territories will end up in the order. [Ahem.] Let's go ahead and scratch the territories from the list. Call them what one will. Primary or caucus. It really does not matter. Those contests will be party-run and in locales far away from both New Hampshire and where the candidates are likely to be next January. And there just are not a lot of delegates at stake.¹ 

It would appear, then, that Scanlan is referring to the uncertainty surrounding the dates of the Republican delegate selection events in Alaska and Wyoming. But a caucus, which is how Republicans in those states have typically chosen to select and allocate delegates, is not a primary. 

Now, it used to be that the distinction from the New Hampshire perspective as to defining a "similar election" was not primary or caucus -- even if that became the shorthand -- but rather, whether the threatening contest allocated delegates or not. That was the line that former New Hampshire Secretary of State Bill Gardner drew. Iowa's caucuses were always in the clear because neither Democratic nor Republican caucuses in the Hawkeye state allocated (bound) delegates to the national convention. 

Even that line got blurred in recent years. Wyoming Republicans jumped the New Hampshire primary in 2008 and stayed there on January 5, three days before the primary in the Granite state. And those caucuses allocated some but not all of Wyoming's Republican delegates that cycle. Actions in Iowa in recent cycles also helped to further muddle things. In 2016, Republicans in Iowa bound delegates to candidates for the first time in response to changes in Republican National Committee rules, and a cycle later Hawkeye state Democrats reported more than just state delegate equivalents on caucus night which more clearly bound delegates to particular candidates. In neither case did Bill Gardner opt to leapfrog Iowa. 

So what Scanlan is waiting on is probably not that. The hold up with Alaska and Wyoming Republicans is twofold. Yes, it is the when. When will the contest occur. But it is also the how. How will those parties conduct their processes. That may have something to do with what the parties in Alaska and Wyoming call their delegate selection events -- primary or caucus -- but it may have more to do with whether they include a mail-in option or something else that makes the processes more "primary-like" in Scanlan's eye.

But if past cycles are any indication, then Alaska Republicans will likely land on Super Tuesday and Wyoming Republicans will claim a spot some time in March. And it would not be a total surprise if both end up on March 2, the weekend before Super Tuesday. 

All of this is to say that it still looks very much like New Hampshire will be scheduled for January 23. Scanlan may not officially make that decision, but it is pretty safe to continue to assume that that is the date. The secretary has some time anyway before settling on a date. And it is always better safe than sorry in the Granite state. 

...

From around the invisible primary...

• Silver travel: Both Trump and DeSantis have rare events scheduled in Nevada this weekend. And there is some intrigue to who the Florida governor may be hanging out with at the confab he is attending in Las Vegas.
• Moving on?: Another big money backer may now be leaning toward Nikki Haley in the Republican nomination race. Ken Griffin, who earlier in the cycle was behind DeSantis and then backed off, may now be inching toward Haley. 
• MASSive money: Losing Griffin is less a problem when DeSantis can raise half a million dollars in events in Massachusetts. 
• It doesn't hurt: Endorsements from former members of Congress may be discounted, but it is better to have them than not. Haley reeled in the support of former New Hampshire Senator Judd Gregg. 
• FLip: Florida state Rep. Randy Fine has withdrawn his endorsement of Governor Ron DeSantis and lined up behind Trump.
• Crunch time: Michigan Democrats in the state legislature are acting like they are going to adjourn the session early. ...which will mean the new presidential primary law can take effect in time to facilitate a February 27 primary.

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¹ Now, Puerto Rico does offer more delegates than New Hampshire, but Republicans there would cede all but nine of them to penalties in order to challenge the Granite state on the calendar. There are also some quirks that do make the Puerto Rico Republican process a bit of a wild card, but it is not that wild. There is uncertainty as to what the date of the contest there may be, but it very likely will not fall on any date before March.

--

Recent posts:

Why DeSantis Attacks Haley

There is no path to the Democratic nomination that goes through New Hampshire

It is tough to move the Pennsylvania presidential primary

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

It is tough to move the Pennsylvania presidential primary

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...

• The DNC has quietly had a pretty interesting conversation about ranked choice voting in the presidential nomination process this cycle. Not much is going to change on the surface for 2024 -- RCV will have the same basic footprint as in 2020 -- but there have been some important changes under the hood that bring the practice more in line with DNC rules. All the details at FHQ Plus.
• I included the wrong link to the DNCRBC meeting recap yesterday. You can find that deep dive here if you missed it.

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In Invisible Primary: Visible today...

Despite a flurry of legislative activity over the last month and a half, an inter-chamber impasse played a role in derailing the effort to shift the presidential primary in the Keystone state up to an earlier and potentially more influential date. 

It is not a new story. It is not even really a partisan story. Yes, Republicans control the Pennsylvania state Senate and Democrats have the narrowest of majorities in the lower chamber. However, Democrats in the Senate largely supported the effort to move the primary from the fourth Tuesday in April to the third Tuesday in March (March 19). House Democrats countered with a bill that would have shifted the primary to April 2, in line with primaries in several other regional/neighboring states.

But part of the impetus behind the change in the first place was to fix the conflict the presidential primary had with the observance of Passover. The Senate version did that and the House version did too. However, the latter legislation would have had the primary butting up against Easter weekend. And as consideration of the primary move stretched into the fall, election administrators across Pennsylvania got antsy about their preparations for the next election cycle after the current one ends. And that does not even mention some of the other elections-related riders that made it into the House-amended version of the Senate bill when it originally came before the body earlier in October. 

Basically, the effort got mired in the legislative process. And even though the House struck the entirety of the previous version of the Senate-passed bill, replacing it with only one provision calling for the primary to shift up a week to April 16 to clear the Passover conflict (and passing it), the Senate does not seem inclined to take up the measure. 

It is too late. 

Look, there was a lot involved in this Pennsylvania process this year. There is not just one explanation for why the primary in the commonwealth will once again be scheduled for the fourth Tuesday in April. But it is worth noting that Pennsylvania has nearly always held down that position on the presidential primary calendar. Only twice has the primary strayed from that spot. And both the 1984 and 2000 primaries were only marginally earlier in April. 

Why? 

Unlike other states in the immediate aftermath of the Democratic Party rules changes that ushered in reforms to the nomination system, the reaction in Pennsylvania was more muted. Ahead of 1972, the state already had a primary well-enough in advance of a summer national convention. In other words, a presidential primary to allocate and select delegates could easily be consolidated with that spring primary. And it was. 

But in other states, especially those with late summer and early fall primaries for other offices, that was not an option. Decision makers in those states had to either uproot that primary and schedule it alongside a new presidential primary or create and fund a separate presidential primary election. Many took the latter route and normalized the expenditure in the state budget. 

Back in Pennsylvania, the consolidated primary left decision makers there in much the same dilemma as those early post-reform actors in other states anytime a push to reschedule the presidential primary in the Keystone state arose. Only, more often than not, the thinking in Pennsylvania was not to create and fund a separate election but to move everything up to an earlier date, dates that would place the filing process in the previous year and conflict with the conclusion of the previous off-year elections. 

That is why Pennsylvania barely moved the two times since 1972 that the primary date has been changed. That, in turn, has meant that a separate primary never got normalized nor did the practice of revisiting the date on a regular basis. Very simply, the concept was foreign to legislators in the state. It still is: 

[Rep. Arvind] Venkat also said moving the presidential primary on a year-by-year basis could be subject to the whim of the party in control of the legislature depending on whether it would be beneficial.

“The only pathway forward if we are going to move our primary is to change the election code on a permanent basis,” Venkat said.

So yes, many of the above stories about partisan squabbles or inter-chamber impasses or poison pill riders or election administrator pushback will get woven into the narrative on this non-move. But there is an institutional story too. The consolidated primary -- one that has nearly always been where it is -- is almost set in stone and there has not been much appetite to change that over the years. There has been some. It almost always comes up in the years before a presidential election year, but it also almost always goes nowhere. 

...and fast. The hurdles are too steep.

...

From around the invisible primary...

• The Post and Courier has a rundown of the two South Carolinians' third quarter fundraising. Both Haley and Scott have plenty in the coffers for the time being, but Haley saw the trajectory of her efforts increase more during the last three months as compared to Scott. 
• Trump leads the way in the money primary in Oklahoma, raising more than three times his nearest competitor in the Sooner state since the beginning of 2022.
• It is too bad this South Carolina candidate visit tracker has not been updated recently. I like those things and I'll flag this one from The Post and Courier here. 
• Vivek Ramaswamy filed for the New Hampshire primary in Concord today. 
• Florida Governor Ron DeSantis launched the Veterans for DeSantis Coalition today and will have its first formal even in Anderson, South Carolina on Thursday, October 19.

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Recent posts:

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

In Nevada, a choice between a symbolic win and delegates

The incentives of chasing delegates in California's Republican primary

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[From FHQ Plus] A second state-run primary option in New Hampshire?

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 A second state-run primary option in New Hampshire?:

Talk about burying the lede. This came in over the wires from NBC News this morning...

New Hampshire Republicans would prefer to keep their primary in late January, after Iowa, rather than see [New Hampshire Secretary of State David] Scanlan have to leapfrog Iowa because of Democrats’ maneuvering. Republican state Rep. Ross Berry, who chairs the House Election Law Committee, said he is considering “contingencies” that might prevent that.

Berry said he is considering introducing legislation that would allow Scanlan to set two different primary dates, one for each party. He called it a “last resort option” that would give Scanlan a new tool if he makes the determination that Iowa’s Democratic caucus is functionally the same as a primary.

“We don’t want to get caught flat-footed on it,” Berry said. “If the secretary of state says, ‘You know what, I’m cool with Iowa mailing in their stuff,’ we have no problem, I see no reason to change things,” he continued.

The rest of the piece is standard fare for stories covering the back and forth over the calendar between Iowa Democrats and the New Hampshire secretary of state. It builds up the tension that seemingly exists without getting too far down into the weeds to explain that there probably is not much tension there at all. As the piece notes, it is not unusual for New Hampshire to string this decision out. Long-time and former Secretary Gardner pulled the trigger on a choice for 2008 the day before Thanksgiving in 2007 and waited into November again in 2011. In both cases, a decision was made roughly two months before January primaries in both cycles. Regardless of the timing of a decision from Scanlan, the choice boils down to answering one simple question. And Iowa Democrats are not showing their cards at the moment (even if the state party's actions seem to tip their hand).

But still, even if the early state calendar tension is on a low simmer (at most), the notion that there is a proposal for an emergency legislative fix in the Granite state is newsworthy. Well, it is newsworthy on the surface anyway.

Digging in a bit, creating an option for the secretary of state to schedule a second presidential primary would bail out Democrats currently at odds with the national party over the DNC’s new calendar rules for the 2024 cycle. That New Hampshire Republicans would even consider that is enough to raise eyebrows. And that is without considering the costs associated with a second state-run presidential primary election. The state footing the bill for that is one thing that is almost unbelievable, but creating a carve-out for (what some perceive as) Democrats’ collective own-goal in a battleground state would seem to be a bridge to far for Republicans in control of the levers of power in the state.

But it also goes to show just how far at least one Republican is willing to go to preserve the first-in-the-nation tradition in the Granite state.

Of course, none of this appears necessary at the moment. There are questions surrounding the scheduling of the all-mail Iowa Democratic presidential preference vote. [The Democratic caucuses will be on January 15.] But why would Iowa Democrats go to the trouble of devising this bifurcated caucus/preference vote process in an incumbent cycle if they were just going to break the rules. The system is one that allows Iowa Democrats to have their cake and hopefully (from their perspective) eat it too. The caucuses will remain first (the same night as Iowa Republicans), but the delegate allocation (through the preference vote) can conclude later than that at a time that is either in the Democrats’ early window (with a waiver from the DNC) or on or after March 5. It is a system designed to preserve tradition and comply with DNC rules. It is also a system that allows Iowa Democrats to stay out of the way of business as usual in the New Hampshire secretary of state’s office.

So maybe NBC News did not bury the lede here. Maybe they just got an interesting quote from a legislator in New Hampshire with a proposal for a novel rip cord the state could pull in case of emergency. The only thing is that there does not appear to be an emergency in the near term or on the horizon.

All there actually is is an inability in the press to dig in on this story and describe what is happening between Iowa and New Hampshire. Less than meets the eye.

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South Carolina's move greatly reduces uncertainty on the 2024 presidential primary calendar

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 thorough contextualization of the decision by South Carolina Republicans to schedule the party's presidential primary for late February next year, plus another envelope-pushing Republican delegate selection plan that quietly slipped under the radar over the weekend. All the details at FHQ Plus.

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In Invisible Primary: Visible today...

...

The big news out of the Palmetto state over the weekend was that the Executive Committee of the South Carolina Republican Party voted to schedule the 2024 presidential primary for February 24.

That significantly lowers the temperature on 2024 calendar “chaos” moving forward. With the South Carolina Republican primary in place toward the end of February, that gives Nevada Republicans a substantial runway to land somewhere in the first three weeks of the month. That also means one less contest to potentially compete for calendar space with Iowa and New Hampshire in January. 

There have been those outside of this site who have built up the notion of looming uncertainty with respect to the 2024 calendar, but breathless stories of rogue calendar maneuvering just has not made chaos materialize. It has not. That is not to say that there will not be drama down the stretch as the last calendar pieces fall into place, but it will be muted and all hinges on basically one question: 

On what date does the Iowa Democratic vote-by-mail presidential preference vote end? 

It could be in violation of DNC rules in February and still not affect the beginning of the Republican calendar. That preference vote could end on or after Super Tuesday and it would not change what seems likely. It is only in the event that the Iowa Democratic preference vote ends in January (and probably specifically either on in-person caucus night or merely ahead of the spot New Hampshire is eyeing) that things would turn problematic. 

In any event, there is so much more over at FHQ Plus about the South Carolina move and the early calendar options ahead.

And that triggered a giant update to FHQ's 2024 presidential primary calendar. Both are well worth checking out.

...

Seth Masket does a great job in laying out the balance national parties attempt to maintain in cycles when their incumbent president is seeking reelection. It is a nice departure into the the Democratic race over at Tusk.

...

From around the invisible primary...

Speaking of the nomination race on the incumbent president's side, Robert F. Kennedy, Jr.'s scheduled attendance at PorcFest, a festival of the libertarian-minded New Hampshire Free State Project has drawn a response from New Hampshire Democratic Party Chair Ray Buckley. 

Kennedy and Williamson have one play in the contest with Joe Biden: win a rogue New Hampshire presidential primary and hope for the best. But one of those two winning in the Granite state next year either outright or relative to expectations against each other (with Biden not on the ballot) is still less likely to hurt Biden than it is to affect the future of the New Hampshire primary in the Democratic Party's early calendar lineup.

It is an outcome that the New Hampshire Democratic Party does not want. So when friction pops up between Kennedy and the state Democratic Party, it is noteworthy. 

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[From FHQ Plus] The Trump Trial and the Primary Calendar

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 The Trump Trial and the Primary Calendar:

The former president's hush money payment trial in Manhattan is set to start in the sweet spot of the 2024 presidential primary calendar.

Former President Donald Trump beamed into a New York courtroom via video on Tuesday, May 23 for a hearing in which, among other things, the start date of the trial stemming from the 2016 hush money payments investigation was revealed. And the March 25, 2024 date falls right into the heart of the 2024 presidential primary calendar. It is not just that the trial will begin as March winds down following the opening of the (more) winner-take-all phase of the Republican presidential nomination process. 

Yes, the calendar of contests is still evolving, but the tentative start of the trial is a big deal for at least a couple of reasons based on where it looks as if the calendar will end up settling for 2024.

The 50-75 Rule

Sure, March 25 will be well after Iowa and New Hampshire have officially kicked off the voting phase of the Republican presidential nomination race. It will follow Super Tuesday. And it will hit right after the time on the calendar — March 15 — when states are allowed to allocate delegates to candidates in a winner-take-all fashion. But more importantly, March 25 falls in what is likely to be the decisive zone on the presidential primary calendar next year. 

In the last three competitive Republican presidential nomination cycles, the candidate who has held the delegate lead when 50 percent of the total number of delegates have been allocated has gone on to clinch the nomination around the point on the calendar when 75 percent of the delegates have been allocated. And in 2024, the 50 percent mark will likely fall somewhere between Super Tuesday on March 5 and the first round of winner-take-all-eligible primaries on March 19. Just two weeks later, on April 2, the 75 percent mark will likely be crossed with an anticipated subregional primary in the northeast and mid-Atlantic (with Wisconsin along for the ride).

March 25 is right in that window. 

But look at the 50-75 rule in the context of the last few competitive Republican cycles. 

• In 2008, John McCain came out of Super Tuesday on February 5 with a sizable delegate lead that he did not relinquish down the stretch. Super Tuesday was the point on the calendar when the 50 percent mark was passed and McCain had wrapped up the nomination by early March when the 75 percent point came and went. 

• Four years later, the calendar was different. Yes, Florida again pushed the earliest contests into January, but California was no longer in early February. The primary in Texas was no longer in early March. Instead, both delegate-rich states were toward the end of the calendar and that influenced where the 50-75 rule was activated in 2012. 50 percent of the Republican delegates had not been allocated that cycle until after 75 percent of them had been allocated in 2008. The 75 percent mark did not come in 2012 until the Texas primary at the end of May. That is a significant difference, but Mitt Romney was the delegate leader in late March and secured the requisite number of delegates to clinch the nomination in the Lone Star state in late May. 

• In 2016, the calendar changed again, but the 50-75 rule remained fairly predictive. Donald Trump was the delegate leader when the 50 percent mark was crossed on March 15 and had a nearly insurmountable advantage after wins in the northeast and mid-Atlantic in late April, when the process pushed past the 75 percent point on the calendar. No, Trump did not clinch that day, but his last challengers withdrew a week later. 

The 2024 calendar is not shaping up to be like any of those examples exactly. 50 percent of the delegates will have been allocated around the same point on the calendar in 2024 as 2016, but the 75 percent mark will come in much quicker succession thereafter. Again, it comes just two weeks later. That is a rapid delegate distribution. It is not 2008 fast, but it is fast. And March 25 is right there, late enough in process, but right in that calendar sweet spot where nomination decisions tend to be made in the Republican process.

The Emerging April Gap

Fast forward to March 25, 2024. The 50 percent mark has been surpassed in terms of delegates allocated and a candidate has a clear advantage in the delegate count. That candidate is almost always the frontrunner heading into primary season. Not always, but often enough. At this point in time, seven months out from Iowa starting the voting phase, that frontrunner is Donald Trump. He may not be in seven or nine months time. 

Regardless, this big external event is plopped down right in the middle of primary season. And it will not be over and done with on March 25. That trial will last a little bit and draw a lot of attention in the process. It will additionally likely overlap with the April 2 round of primaries. 

Now, the calendar is not set yet. But April 2 is poised to grow its footprint on the 2024 process in the coming days and weeks. Officially, Wisconsin is the only contest on that date as of now. However, bills have been proposed to move the Connecticut, Delaware and Rhode Island primaries to that date. There are signals that legislation is forthcoming from New York to move the presidential primary in the Empire state to April 2 as well. And talk is ramping up that Pennsylvania’s primary may land there also. 

Yet, in moving, those states are pulling up tent posts in late April and shifting them to the beginning of the month. That is going to hollow out the rest of April on the Republican calendar after April 2. There will potentially be no contests scheduled for the rest of the month.

There will potentially be no primaries or caucuses again until the Indiana primary on May 7. 

That is a five week gap with no contests. That is a five week gap that will exert a tremendous amount of pressure on the candidates trailing in the delegate count to close up shop and call it a day. That is a five week gap into which a trial that starts on March 25 will potentially creep and suck up even more attention (potentially away from those trailing candidates who need it most). 

However, that trial, while possibly drawing attention away from the campaign trail, will also create uncertainty; uncertainty as to the viability of the potential frontrunner and delegate leader. And despite feeling pressure to drop out, that may have the effect of, as Julia Azari and Seth Masket recently pointed out, keeping candidates who may otherwise have dropped out in past cycles in this race longer. 

But the point here is that this emerging April gap in the calendar is at the very point in the process when this trial is set to be going on. And there will be no contests or results to divert attention after April 2. Trump could have the nomination close to wrapped up by that point, but other trailing candidates could still be hanging around even as there are no primaries and caucuses for weeks. 

Look, this is already a weird dynamic. But throwing a trial into this rapid succession of delegate allocation followed by a gap in the action right as someone potentially gets close to clinching would create a strange matrix of incentives for all players involved. And that has implications for how the Republican nomination process winds down and transitions into the convention phase typically set aside to bring the party together for a general election run. 

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[From FHQ Plus] The Quirks of Scheduling a South Carolina Presidential Primary

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

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From The Quirks of Scheduling a South Carolina Presidential Primary:

Georgia’s Secretary of State Brad Raffensperger recently made the curious decision to schedule the presidential primary in the Peach state for March 12, a week after Super Tuesday. And the move not only ended the hopes of Georgia Democrats holding a primary in the pre-window on the 2024 presidential primary calendar, but it also highlighted why South Carolina got the nod from the Democratic National Committee (DNC) to take over the lead off slot. 

The Raffensperger obstacle in Georgia, whether viewed through the lens of partisanship or not, is something with which decision makers in the Palmetto state do not have to contend. After all, like Georgia, the state of South Carolina foots the bill for the election. However, unlike Georgia, the it is the state parties in South Carolina that set the date of the contest. It is a unique power that grants the state’s primaries more scheduling mobility than the vast majority of the states and allows South Carolina to remain first-in-the-South (if not first-in-the-nation).

But that freedom in South Carolina is not without some fetters. 

Caitlin Byrd and Alexander Thompson had a nice “yes, South Carolina Democrats are actually having the first primary in 2024” story over the weekend. And complications with rogue New Hampshire (and the very likely resulting penalties from the DNC) aside, they are. South Carolina Democrats will have a February 3 primary next year. 

But as the piece notes, it is not all smooth sailing in the Palmetto state. 

But not everyone is convinced that a 2024 presidential primary would be a major financial or organizing boost. Former party chair Dick Harpootlian questioned the value of holding a potentially costly event for a predictable outcome.  

“The question is, do we have one if it’s the president versus nobody, because it costs a tremendous amount of money to do that,” he said.

Two Democrats so far have announced challenging Biden for the 2024 presidential nomination: Marianne Williamson and Robert Kennedy Jr., both widely viewed as long shots. 

Pressed if he would want a primary with the current field, Harpootlian replied, “I wouldn’t have it.”

Again, South Carolina Democrats are going to have that February 3 primary. But Harpootlian hints at some of the historical quirks in South Carolina, quirks that have taken new shape under state and national party changes. Yes, the parties have the freedom to set the date of the contest for anywhere on the calendar they wish, so long as it follows party rules. And in years past when incumbent presidents have run for reelection, those same state parties have had the freedom to cancel the contest and select delegates through a caucus/convention process. It is not some sinister plot to foil the plans of also-ran candidates. Instead, it is a nod to reality. If the president is going to be renominated, then why, in recent years since the state began funding the primaries, spend taxpayer money (or party money before that) to fund a beauty contest election? The answer is that those state parties have not. There was no big, first-in-the-South primary when Bill Clinton ran for reelection in 1996, or for George W. Bush in 2004, or Barack Obama in 2012 or Donald Trump in 2020. Caucuses and/or conventions were held instead. 

But South Carolina Democrats do not have that freedom for 2024. And no one seems to be lamenting that loss. Everyone is too busy celebrating the elevation of the primary to the first spot on the calendar instead. Well, perhaps not Dick Harpootlian. But he is not wrong, per se, nor is South Carolina alone. The primary is alone at the top, of course, but even other states or state parties that might otherwise go small in 2024 with a Democratic president running again have to go through the motions of a primary because of the Rule 2 encouragements layered into DNC rules for the 2020 cycle, the encouragements to hold the most open and accessible nominating contests as is feasible.

To be sure, folks at the DNC would push back against the notion that any state or state party is “going through the motions.” The argument from the national party would most certainly be that the party is creating the most open, inclusive and accessible process for Democratic primary voters. However, the trade-off, if one wants to call it that, is that the party loses out on the incumbent-cycle streamlining of the process. 

And that streamlining, scaling down from a primary to a caucus, is something that some, if not all of the folks, at the DNC would say is no real loss. While that may be in the eye of the beholder, it is also true that there are and have been limited opportunities to streamline anyway. State parties with party-run nominating events may downgrade — hold caucuses over a party-run primary or a convention over caucuses. And some state parties do opt out of state-run primaries in incumbent cycles. Arizona and South Carolina did on the Republican side in 2020. Democrats in Florida and Michigan did in 2012 to avoid non-compliant primaries that were scheduled too early. And Washington Democrats in the legislature canceled the primary there that cycle, a primary the party never used until 2020 (after the legislature brought it back). And there ends up being a handful of states each cycle that automatically cancel a primary if only one candidate is on the ballot. 

So, there are a few instances each cycle where contests are canceled, but South Carolina is unique among state-funded primary states in that Democrats and Republicans can choose, and have chosen, separate dates throughout the post-reform era. And since the state got into the primary funding business for 2008, just two of the four cycles have seen primary cancelations. But 2024 will be the first one where an incumbent is running and a primary is not canceled. It will be the first time the state of South Carolina has had to pay for a largely uncompetitive presidential primary involving an incumbent president.

Again, this is not the custom elsewhere. In all other primary states, there is one primary. A state party with an incumbent president may opt out, but on the whole primaries are held and delegates are allocated, typically based on lopsided results that hand the president the overwhelming majority if not all of the delegates. But the cost constraint in South Carolina represents a unique obstacle with the state parties holding primaries on separate dates. That is two separate elections to fund. 

And that brings this back to 2024. There will be two primaries. But this will be the first time the state has funded primaries when the incumbent president’s party is not opting out. No one is complaining. The legislature is not threatening the funding. It is spent in service of keeping South Carolina first-in-the-South. But as Byrd and Thompson noted in their article, Palmetto state Republicans used the costs as a justification for opting out in 2020. Democrats in the state are not doing that for 2024. 

The question is whether that action will be the only first in South Carolina for 2024. Separate Democratic and Republican primaries have been the norm. But they do not have to be on different dates. South Carolina Republicans could join Democrats on February 3, save the state the second expenditure and provide a little more room for Iowa and New Hampshire to maneuver in January. 

But that may be a bridge too far in a state with a number of quirks.

 

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