Wednesday, May 13, 2015

The Unintended Consequences of Fighting the Last Battle

FHQ often talks about the unintended consequences of presidential primary rules changes at the national party level. We also frequently invoke the notion of those same national parties fighting the last battle in setting those rules. It is not often that we tie the two together. But this week, as the Republican National Committee gathers for its spring meeting in Scottsdale, there is a great example playing out of how fighting the last battle is yielding unintended consequences for the RNC as 2016 approaches.

The RNC rules on delegate selection have been set for nine months now, but the particulars of one rules change -- a new addition for the 2016 cycle -- remain somewhat unsettled. The new rule in question is the measure put in place to regulate the presidential primary debates process in the context of the race for the 2016 Republican presidential nomination. Those rules are an example of a classic reaction to a perceived problem from the previous cycle. Though the number of debates were down slightly in 2012 relative to 2008, they were not counter-programed by Democratic debates, leaving the Republican candidates in the spotlight attempting to in some ways out-conservative one another.

This was viewed by the RNC and some pundits as injurious to the party and its nominee, former Massachusetts Governor Mitt Romney, in the general election phase of the campaign.1 Perceived problems and a loss in November often lead to a perceived need for nominations rules changes and then actual rules changes in the years immediately following the loss. That was the case in 2013 when the RNC began moving toward rules that would limit the number of debates in the 2016 presidential nomination cycle.

But that was a set of changes tailor-made for 2012. 2016 is a different animal. Rules changes in 2013-14 have led to a need for more rules in 2015. Limiting the number of debates is one thing, but determining who can participate from among a crowded field of candidates and potential candidates is another altogether. FHQ mentioned in reaction to the debates proposal nearly two years ago that the RNC risked moving from managing a process (the debates) to trying to control it. Attempting to control a process with competing interests -- the national party's, the state parties', the candidates', the media outlets' -- is attempting to control an uncontrollable process. That is even more true when an initial wave of regulations on debates requires a second wave of rules to govern who can participate.

That is something the RNC is struggling with now. Where does the party draw the line on who can participate? What determines that line? Poll position (in a period of the process where name recognition is driving things)? Fundraising (with or without super PAC data)? Staffing and organization in early states?

Perhaps all the RNC has done is open Pandora's box. But keep in mind that just because this is unique to the Republican Party now does not mean that this is not something that  can affect Democrats too. That may not come in 2016, but could in the future. The problems (potentially) are the same across both parties. It may be useful to coordinate, evenly if only loosely, a set of best practices for primary debates regulation like the national parties did on the calendar rules these last two cycles.


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1 Of course, despite all of that, the 2012 election still ended up about where one would expect given that an incumbent president was seeking reelection with both decent but not great approval ratings and a growing but not greatly economy.


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Tuesday, May 12, 2015

Nevada Senate Passes Presidential Primary Bill With a Twist

After again amending its bill to create a consolidated primary -- presidential and other offices -- on Monday, May 11, the Nevada state Senate passed SB 421 on Tuesday afternoon on an 11-9 party line vote.

Majority party Republicans in the Senate voted in favor of the measure that would create a presidential primary and couple it with the primaries for other offices in the state. The latter, typically in June, would be moved up to the last Tuesday in February. That not only tamps down on the costs associated with the new presidential primary, but is also in line with what the Republican National Committee has been quietly pushing for while keeping the Nevada delegate selection process early on the presidential primary calendar.

And while that potential move from caucuses to a primary is of note for Republicans, perhaps more interesting is the Democratic reaction to the bill in the state Senate. Nevada Republicans have reason to want to go along with the national party on this one. They control the levers of state government in the Silver state, but the national party has sway over which states are among the privileged few at the beginning of the presidential primary line. Nevada is now among that group of four. For Nevada Democrats, however, there is some concern that trading out the caucuses/convention process for a primary will hurt the party and its protected position on the calendar with the Democratic National Committee. The DNC added the Nevada caucuses to the list of carve-out states for the 2008 cycle and has for three cycles now specified the dates of the "caucuses" in Nevada in the national party delegate selection rules. SB 421 has Nevada Democrats in a bind in switching the process to a state-run primary election.

The national parties, then, are pulling the state parties in different directions on this issue. The RNC wants a Nevada primary to reduce the amount of chaos, if not mismanagement, of the caucuses process by the Nevada Republican Party. However, DNC rules call on Nevada to hold caucuses and not a primary.

This sounds like Nevada Democrats might lose their early status (in the future) only there are a couple of outs for them in all of this. One is in the legislation that just passed the state Senate and the other is in the DNC delegate selection rules.

First, layered into the newly amended SB 421 is a provision that instructs the Nevada secretary of state to conduct a presidential primary election (on the last Tuesday in February) if 1) he or she does NOT receive written word from a national party chairperson that the national party does not want to participate in the primary election and 2) if two or more (presidential) candidates file declarations of candidacy with the secretary of state. That provides Democrats in Nevada with an out to continue with the caucuses/convention system. They only need the chair of the DNC to notify the secretary of state that it does not want Nevada Democrats participating in the primary.

Now, this is a bit of an odd maneuver. The legislation cedes the power over the opt-out to the national party. [Keep in mind that because the RNC wants a Nevada primary, it can do nothing and get its preferred position.] Ultimately, the presidential nomination process is a national party process, but on matters like these the national parties have tended to defer to the state parties (unless it is something in direct violation of the national party delegate selection rules). There is some brinkmanship to this, intentional or not. This is daring the DNC to weigh in on a heretofore state party matter and basically say that it supports a lower turnout election in an early state that just so happens to be a swing state in the general election. That is pretty speculative though.

If that provision is in there, then why did Nevada state Senate Democrats vote against the measure? That can get a bit complicated. If the DNC does not take the bait in the trap described above, then Nevada Democrats are forced into a primary election that "violates" national party rules.1 But Nevada Democrats could apply for a waiver from any penalty under Rule 20 of the DNC rules. All a state party has to do is prove that Democratic legislators acted to prevent the legislation from moving forward. As Democrats are in the legislative minority in Nevada, those state Senate Democrats did everything they could to prevent the change in unanimously opposing the move.

That possibility is a long way off in all of this. But there is never a dull moment in Nevada presidential nomination politics.

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1 FHQ uses the quotation marks here because technically Nevada and the other carve-out states have violated the timing rules in each of the last two cycles. The dates on which Iowa, New Hampshire, Nevada and South Carolina were to hold their contests were clearly laid out in the DNC delegate selection rules. Yet, there was no penalty levied against the early four states.


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Arkansas Special Session May Include Measure to Move Presidential Primary to March

Though the official call has yet to go out, it appears as if the Arkansas state legislature will convene a special session starting on May 26.

As is the case in some other states (see Missouri), it is the governor's responsibility in Arkansas to not only call the special session of the legislature but also to define the issues/bills with which the session will deal. Governor Asa Hutchinson (R) on Monday, May 11 said that constitutional amendments and bonds issues dealing with the so-called "super project" industrial area would be on the agenda. But the timing of the 2016 presidential primary in the Natural state has also been discussed as a possible agenda item after failing to pass during the regular session.

It looks as if legislators may have the same options they had during the regular session also: Create and schedule a separate presidential primary (as Arkansas has done twice before -- 1988 and 2008) or move all of the primaries from May to March. Bills covering both possibilities were filed in the Arkansas state Senate by Senator Gary Stubblefield (R-6th, Branch) earlier this year. However, only the bill to create a separate presidential primary in March passed the Senate before getting bottled up in the state House.

Part of the reason that bill died was because of the $1.6 million price tag for the separate election. That issue may be resolved by moving a consolidated election from May to March, but that move would affect the renominations of state legislators themselves; a factor that has made legislators in Arkansas (and elsewhere) hesitant to support such measures.

The official call for the special session is due later this month according to the governor's office.


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Hogan Signature Sends Maryland Presidential Primary to April 26

Maryland Governor Larry Hogan (R) is set to sign SB 204 among a host of other bills in a signing session today, May 12.

SB 204 shifts the presidential primary in Maryland from the first Tuesday in April to the fourth Tuesday in April. It was one of two identical bills that passed the legislature in the Old Line state during the 2015 legislative session. Originally, both bills sought to move the primary back just one week to the second week in April to accommodate an early vote period that would not conflict with spring religious holidays. The additional two weeks the primary will be moved back will align the Maryland presidential primary with presidential primary votes in neighboring Delaware and Pennsylvania as well. Connecticut and Rhode Island also have presidential primaries scheduled for that date on the presidential primary calendar.

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The national party rules on delegate selection have changed for 2016 -- shrinking the Republican proportionality window to the first two weeks of March -- but Maryland Republicans, regardless of the change, will be able to maintain their traditional winner-take-most method of delegate allocation during this cycle.


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Hawaii Republicans Confirm March 8 Presidential Caucuses for 2016

The Hawaii Republican Party convened its 2015 state convention during the weekend of May 2. On the agenda for the delegates in attendance was a routine reexamination of the rules that govern the party and its procedures.

One item that was not seriously debated or at least altered in the rules was the date of the caucuses that will initiate the 2016 national delegate selection/allocation process for Republicans in the Aloha state. Set for the second Tuesday in March under the 2013 rules -- the 2011 rules as well -- that provision was carried over to 2015 rules.

That position will place the Hawaii Republican caucuses on the same date as the Idaho primary, Michigan primary and Mississippi primary on the 2016 presidential primary calendar. Alabama and Ohio are both looking to move away from that date. North Carolina has active legislation to shift into that date.

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Friday, May 8, 2015

Kansas Democrats Set for March 5 Caucuses in 2016

According to the draft delegate selection plan made available earlier this month, Kansas Democrats will caucus on March 5, 2016.1

The March 5 caucuses only initiates a delegate selection process that will continue with district conventions on April 2 (to select congressional district delegates) and a state party selection of pledged and at-large delegates on April 30, 2016. But the allocation of those delegate slots to particular candidate will be based on the "first determining step" on March 5.

This move brings Kansas Democrats' caucuses in line with the Democratic caucuses in neighboring Nebraska. The two states also had concurrent caucuses in 2012, but in April alongside Wyoming Democrats. That made those three states eligible for the 15% clustering bonus then. That requires at least three neighboring states holding delegate selection events together, but after a point on the calendar in late March. Though Nebraska and Kansas will hold caucuses on the same date, they are but two states and are both scheduled too early to qualify for the bonus in 2016.


1 The above link is to the plan from the Kansas Democratic Party site. FHQ will also keep a version of the plan here.


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Thursday, May 7, 2015

Let's Talk About the Primary Calendar and the Republican Nomination Race

Maggie Haberman at First Draft this morning:
After the 2012 election, the Republican National Committee changed the voting calendar to try and avoid repeats of the brutal and long-lasting fight between Mitt Romney, the former Massachusetts governor, and former Senator Rick Santorum of Pennsylvania. 
The previous calendar – Iowa, New Hampshire, South Carolina and Nevada, followed by Florida — no longer exists. Instead, a slew of states moved up their votes to March 1, before Florida’s vote. Such compression, and so many candidates, could produce the opposite effect of what was intended, prolonging both the duration and the intensity of the process. 
That means that Florida, which is crucial to its former governor, Jeb Bush, and to a current senator, Marco Rubio, might not be the same firewall as in previous years. That raises the significance of South Carolina and the others states that vote before Florida’s contest on March 15.
FHQ wants to focus on that second paragraph. The set up is fine. The RNC, after what they perceived to be an injurious 2012 presidential nomination fight, tweaked the party's delegate selection rules, compressing the calendar and tightening the proportionality requirement. The goal: speed up the nomination.

But that's when the wheels fall off for Haberman.

First of all the previous calendar did not follow a sequence of Iowa, New Hampshire, South Carolina, Nevada and Florida. Florida's move into late January for the 2012 cycle triggered a turf war between New Hampshire and Nevada that ended with the Silver state caucusing after Florida in early February.

Sure, that is something of a minor point. But sequence matters and the sequence is wrong in Habermas's piece.

The bigger issue is looking forward to the 2016 calendar. This idea that a "slew of states" has moved up to March 1 is just not right. A slew of delegates maybe, but not a slew of states; not yet anyway. Texas is back where it should have been on the calendar in 2012: the first Tuesday in March. But a dispute over redistricting in the Lone Star state forced that contest back to May 29. That is a significant movement of delegates from the end of the calendar to up near the front of the queue. But that is not a slew of states. The only other state that is new to the first Tuesday in March for 2016 is Minnesota. The shift in the case of the North Star state was a shift back relative to 2012. Four years ago, Minnesota Republicans held one of those non-binding caucuses that Rick Santorum won on the heels of the Nevada caucuses.

Look, sequence matters. More importantly, the states that comprise that sequence affects the course of a nomination race (maybe not its outcome, but certainly the path the nominee takes to the nomination). This story right now is basically Texas and its 150+ delegates is much earlier in 2016 and Florida set a date that is not right after South Carolina. That is not without consequence.


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Wednesday, May 6, 2015

Utah Democrats Will Caucus on March 22

Late last week, the Utah Democratic Party posted its draft 2016 delegate selection plan just before the May 4 deadline to submit the plans to the DNC Rules and Bylaws Committee.1 The plan confirmed the details that had already been circulating about the party's plans for 2016: that the party will select and allocated delegates through a caucuses/convention system that will commence with neighborhood meetings on Tuesday, March 22.

Both that calendar position and that Utah Democrats are partnering with Idaho and Arizona on March 22 means that Democrats in the Beehive state will be eligible for the 15% clustering bonus to its national convention delegation (as will Democrats in Arizona and Idaho). March 22 is the first date on which regional and subregional partners of three or more states can qualify for that bonus.

2012 witnessed a number of Democratic caucuses states shift to later positions on the primary calendar to take advantage of the newly instituted bonus.


1 The above link is to the plan from the Utah Democratic Party site. FHQ will also keep a version of the plan here.


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Tuesday, May 5, 2015

Colorado Presidential Primary Bill Dies in Committee

So long, Colorado presidential primary. We hardly knew ye.

The Colorado legislature is wrapping up the business of its 2015 regular session. One of the items that has popped up in these waning days has been an effort to reestablish a presidential primary in the Centennial state for the first time since 2000. The high hopes that some had for SB 15-287 crested late last week as the Senate Committee on State, Veterans and Military Affairs gave the legislation the green light, passing the measure by a 4-1 vote.

But that committee passed the baton on to a Senate Appropriations Committee that did not look favorably on the move to trade out the caucuses/convention process for a presidential primary (especially one that allowed unaffiliated voters to participate). Republicans in control of the state Senate (and thus the Appropriations Committee) killed the bill on Monday, May 4, postponing it indefinitely. Attempts to send the bill to the Committee of the Whole (the Senate floor) failed on a narrow 4-3 vote.

John Frank at the Denver Post points out that part of the reasoning behind the move was financial. The primary would have cost the state $1.7 million with additional resources coming from the county and local level. But mainly, the death of the bill is a function of two related factors. First, it is difficult to change the status quo -- in this case a caucuses/convention system -- when there is staunch support with a party for it. Second, this is the battlefield on which Republicans on the state level(s) and nationally have internally fought on over the last several years.

It is not an uncommon battle. On one side, there are interests in the party that want to win elections. Those were the folks who supported the presidential primary idea in Colorado. The thought was that the primary would engage more voters, pulling them toward the Republicans as the nomination phase gave way to the general election phase of the presidential election cycle. But on the other side, there is a group of folks also interested in winning elections but only with the right kind of candidate; in this case, a conservative one.

Again, this pragmatism versus purism divide is not unique to the Republican Party. It is a phenomenon that arises from time to time in any party. It has in Colorado and the presidential primary idea was a casualty.

...of that intra-party dispute and a maintenance of the status quo nomination system. [That latter factor is really under appreciated sometimes.]


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Hat tip to Don Means for passing news of this along to FHQ.


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Monday, May 4, 2015

DC Presidential Primary to June 14

The Washington, DC legislation shifting the presidential primary in the district from April to June cleared its final hurdle over the weekend.

B20-0265 passed the DC Council late in 2014 and was signed by Mayor Muriel Bowser earlier this year. However, the bill just made it through its formal congressional review period and has now become law. The DC presidential primary now moves from the first Tuesday in April to the second Tuesday in June. That new calendar position likely makes the vote in the district the last in the sequence of states on the 2016 presidential primary calendar.

On the Republican side, Washington, DC Republicans have traditionally allocated national convention delegates in a winner-take-all fashion. That winner-take-all contest for 19 delegates will now bring up the rear on the calendar. But don't read too much into that.  

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Hat tip to Joe Wenzinger for passing news of this along to FHQ.


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