Showing posts with label primary bills. Show all posts
Showing posts with label primary bills. Show all posts

Friday, February 17, 2023

Legislation Would Make the California Presidential Primary Date Unspecified

Here is an interesting one from California. 

Legislation introduced back in December  would strike out the phrase "first Tuesday after the first Monday in March" and replace it with "____" in the portion of the California electoral code that schedules the Golden state's consolidated primary in years evenly divisible by four.

One could wrangle over the implications, but in truth, SB 24, sponsored by Senator Thomas Umberg (D-34th, Santa Ana), is likely a temporary placeholder for a substantive change to the date of the presidential primary. It is either a change the senator would like to make/explore or an idea around which he would like to build consensus over the course of the 2023 legislative session.

There was a variation on this maneuver in California during the 2012 cycle. That bill went nowhere, but the separate California presidential primary was eventually eliminated and consolidated once again with the primaries for other offices in June. The 2017 change that pushed the presidential primary in the Golden state to Super Tuesday for 2020 moved the whole consolidated primary to March rather than separating the two elections. That is where the California presidential primary is currently scheduled.

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As an aside, FHQ would argue that removing the date altogether from California electoral code would not be all that functionally different from the way that New York handles the scheduling of its presidential primary every four years. The protocol in the Empire state has been to set the parameters around which the presidential primary will be conducted and delegates allocated and then sunset the change after the presidential election year concludes. The date reverts to February and the state revisits the date every four years. Theoretically, it is the national party rules that force the reexamination of the primary's timing in New York. A February date is noncompliant and actors on the state level are at least somewhat compelled to make a change. Those New York legislators do not necessarily have to do that every four years -- the change does not have to sunset -- but that has been the standard operating procedure there dating back to the 2012 cycle

Functionally, a California law that would hypothetically leave a blank for the presidential primary date -- well, the consolidated primary in years evenly divisible by four -- would force the same sort of quadrennial reflection. However, that would be an atypical move. The New York method is already unique, but it at least has some justification. There is permanent guidance in the statute on where the primary should be scheduled. It just has to be changed from the February date every four years. 

It would be unusual for a state, California in this case, to provide no guidance for the timing of not just a presidential primary, but a primary for a host of other offices as well in presidential election years. 

Regardless, that blank will either be filled in at some point during this bill's consideration in 2023 or the legislation will likely not go anywhere. And it may not get beyond the committee stage anyway. 

But California always bears watching. Although it is a Democratic state, it is still the most populous state and the most delegate-rich state in the Republican presidential nomination process. If California packs it up and moves everything back to June, then that will have some impact on the Republican calculus of acquiring delegates, likely delaying when any candidate might clinch the nomination. 


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This legislation has been added to FHQ's updated 2024 presidential primary calendar


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Super Tuesday Presidential Primary Bill Inches Forward in Hawaii

The state Senate version of a bill to create a presidential primary in Hawaii and schedule the election for Super Tuesday advanced out of committee on Thursday, February 16. 

By a vote of 4-1 with the lone Republican on the panel in opposition, the Hawaii Senate Judiciary Committee recommended SB 1005 be passed with amendments. None of the amendments dealt with the scheduling of the primary, but instead mainly focused on technical corrections/additions to the introduced legislation from the Scott Nago, the chief elections officer from the Hawaii Office of Elections.1

Aside from those issues, the biggest concern that emerged in the committee hearing for the bill was about a state party's ability to opt out of the proposed state-run primary. After hearing from a representative of the Hawaii Democratic Party, Sen. Joy San Buenaventura (D-2nd, Puna) asked of there was any input from the state Republican Party on the matter and whether an opt-out was included in the legislation for any party that may choose to stick with the caucuses that have been traditionally used to select and allocate delegates to the national conventions. With no representative from the state Republican Party present and the lone Republican on the committee, Sen. Brenton Awa (R-23rd, Kāne'ohe), silent on the matter, that question was left largely unanswered. However, an amendment was inserted in the legislation to provide for a deadline of six months before the proposed presidential primary for state parties to inform the state as to their intentions to participate in the presidential primary or not. 

The Hawaii Office of Elections estimated the cost of the presidential primary election to be north of $2.7 million. That was not a roadblock in the committee consideration of the bill, but it may receive push back when the full Senate -- or Ways and Means, where SB 1005 is headed next -- takes up the legislation. Whether that potential resistance is enough to derail the whole package is an open question. Cost of the election will be weighed against any pressure the Democratic majority feels to bend toward the discouragements of the national party to avoid caucuses. Hawaii is the only state with unified Democratic control of state government as of now with no state-run presidential primary option.


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1 Most of the amendments were geared toward firming up specific deadlines for candidate filing and about language that would have to be tweaked due to the nature of a presidential primary. Unlike other primaries, the winner of a presidential primary is not necessarily the candidate who will appear on the general election ballot, a distinction not currently included in Hawaii electoral code.

Wednesday, February 15, 2023

Ohio Senate Bill Would Move Presidential Primary to May

There is finally text for the legislation proposing to move the March presidential primary in Ohio to May. 


Companion House Bill Would Create February West Virginia Presidential Primary

Outside of New Hampshire and maybe Iowa, the most provocative action to affect the 2024 presidential primary calendar in 2023 is probably the state Senate bill out of West Virginia to create a stand-alone presidential primary in the Mountain state and schedule it for the second Tuesday in February






Friday, February 10, 2023

New Hampshire Senate Advances Resolution Affirming FITN Support

The New Hampshire state Senate on Thursday unanimously voted in favor of a resolution affirming the body's support of the Granite state presidential primary's first-in-the-nation status. 

All 24 senators voted aye on SCR 1:
A RESOLUTION affirming the general court’s support for New Hampshire’s first in the nation primary. 

Whereas, New Hampshire first held a primary election for president in 1916, and has held the first in the nation presidential primary since 1920; and 

Whereas, New Hampshire’s first in the nation presidential primary is a historic and valued landmark in our state and our nation’s democratic culture; and 

Whereas, New Hampshire voters have consistently and proudly had one of the highest participation rates in the nation, cherishing their role in vetting presidential candidates through person-to-person, grassroots campaigning; and 

Whereas, the need to engage with voters across New Hampshire provides a necessary proving ground for candidates wishing to serve in the most powerful office in the world, not only testing their political skills but better preparing them for the Oval Office; and 

Whereas, attempts by national political organizations to alter the presidential nominating calendar and dictate election laws to the people of New Hampshire have been met with widespread, bipartisan condemnation; and 

Whereas, New Hampshire’s first in the nation presidential primary has grown over the past century into a vital part of our state’s identity; now, therefore be it 

Resolved by the Senate, the House of Representatives concurring: 

That the general court of the state of New Hampshire hereby affirms its support for New Hampshire’s first in the nation presidential primary, and its confidence in the secretary of state to ensure that New Hampshire’s primary maintain its legal and proper status at least one week before any similar nominating contest. 

That the general court expects all political parties to respect the results of New Hampshire’s first in the nation presidential primary by seating the delegates selected by New Hampshire voters at their national nominating conventions.
The measure now heads to the House side of the General Court.

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The concurrent resolution comes just days after the Democratic National Committee (DNC) adopted a set of presidential primary calendar rules that reshuffled the lineup of early states and New Hampshire's traditional place in it. Of course, this is merely a symbolic gesture on the part of the General Court, reasserting its position on the laws New Hampshire. However, the language at the end is of particular note: That the general court expects all political parties to respect the results of New Hampshire’s first in the nation presidential primary by seating the delegates selected by New Hampshire voters at their national nominating conventions.

Granted, the street in this back and forth between the Granite state and the DNC runs two ways. Given the tenor of comments recently made by DNC members in Philadelphia at the winter meeting, it is not difficult to imagine the DNC countering that New Hampshire Democrats respect the rules of the process passed by the national party

In the end, this is a struggle that is likely to continue throughout the consideration of the New Hampshire Democratic Party's delegate selection plan in 2023. And if past is prelude, then legislative Democrats' support of this resolution will factor into not only the consideration of delegate selection plan, but in whether the DNC assesses penalties and how severe they will ultimately be. Florida Democrats, for example, urged leniency in 2007 when the DNC considered (and eventually levied) penalties against the state for planning a rogue primary for 2008. But Democrats in the Sunshine state quickly had the fact that legislative Democrats there voted in favor of moving the primary into violation of national party rules thrown in their faces before the DNC Rules and Bylaws Committee (DNCRBC) voted to strip Florida Democrats of all of their delegates.

Again, this vote in New Hampshire is symbolic. It is not an apples to apples comparison to weigh it equally against the actions in Florida a decade and a half ago. The situations are different. In neither case will those legislative actions end up being (or having been) the deciding factor in any penalties decision on the part of the DNCRBC, but it would be foolish to think it will not be a part of the calculus. [And in defense of New Hampshire Democratic state senators, taking this position in favor of the presidential primary's traditional position is just good politics from a local standpoint. To vote against it would be to potentially invite future trouble at the ballot box.]

The back and forth continues.

Wednesday, February 8, 2023

Ohio Secretary of State's Office Dismisses Need to Move Presidential Primary to May

The language of a forthcoming bill to shift the presidential primary in Ohio to May is not even public yet and there is already resistance forming to the idea.

"Rob Nichols, a spokesman for Secretary of State Frank LaRose, told The Ohio Star that voters have handled the two primary dates in the past. 'It’s up to the General Assembly to set the time, place and manner of Ohio’s elections, but voters are pretty resilient. They’ve adapted to the earlier presidential primary date just fine in past elections.'”

And that is true. Ohio voters have gone to the polls for a presidential primary in March in the last seven presidential cycles dating back to 1996. And in three of those cycles -- 2000, 2004 and 2012 -- the Ohio primary was on Super Tuesday. But Republicans in control of state government nudged the primary date back in recent years in order to adopt a true winner-take-all delegate allocation system that would comply under national party rules. 

And maintaining that combination -- early primary (that is more likely to put Ohio voters in a position to weigh in before the races are effective over) and those winner-take-all rules along with a competitive Republican presidential nomination battle in 2024 -- is likely to keep most Republicans in the legislature and behind the governor's desk from lining up in support of this legislation. 

...despite a bipartisan group sponsoring the measure to move the primary to May and the backing of election administrators across the Buckeye state, who want a uniform primary date (in May) in all even-numbered years. 

Winner-take-all allocation would be an option for Ohio Republicans in May, but the competition may (or may not) last that deep into the calendar.

Tuesday, February 7, 2023

Senate Companion Introduced to Reestablish Missouri Presidential Primary

The effort to reestablish the Missouri presidential primary continues. 

No, there has not been any movement on any of the three identical bills in the Show-Me state House to resurrect the presidential primary that was cancelled in 2022. However, now there is a Senate companion to one of those prior bills. 






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This legislation has been added to FHQ's updated 2024 presidential primary calendar


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Friday, February 3, 2023

Bill in the Works to Move Ohio Presidential Primary to May

Statehouse News is reporting that legislation is on the way in Columbus to move the presidential primary in Ohio back on the calendar to May. 

Rep. Daniel Troy (D-23rd, Willowick) and eight co-sponsors -- seven Democrats and one Republican -- are behind the legislation:
“Ohio’s influence on that process in my opinion has proven to be dubious at best and it’s time to return to a normal and consistent election schedule," Troy said. 

Troy said moving the presidential primary to May will have another benefit — a shorter political season. With the March primary, he said candidates start running for office right after the November election in the preceding year. He said moving the presidential primary to May would shorten the election season and potentially allow more time for governing and less time for partisan politics.
But despite the various pressures created by a March primary on the heels of off-year elections in November the previous year, Ohio has managed to pull it off every cycle since 1996. There has been some redistricting-related drama in getting and keeping the presidential primary in March in some cycles -- as was the case for 2012 -- but it has consistently been scheduled for and conducted sometime in March. 

This legislation may find a fair hearing in a lower chamber where a bipartisan power-sharing coalition runs the show, but may face stiffer resistance in the Republican-controlled Senate. And that is especially true given that a competitive Republican presidential nomination race is on the horizon.

Competing Oregon Senate Bill Would Move Presidential Primary to Super Tuesday

Earlier in January, a bill was introduced in the Oregon state Senate to move the state's consolidated primary -- including the presidential primary -- up to Super Tuesday. 


Thursday, February 2, 2023

Bill to Move Pennsylvania Presidential Primary to March Introduced

Earlier this week legislation was filed in the Pennsylvania state Senate to push the presidential primary in the commonwealth up five weeks to the third Tuesday in March.




Wednesday, February 1, 2023

Whitmer's Signature Sends Michigan Presidential Primary to February 27

The new Democratic-controlled Michigan state legislature made quick work of SB 13, and Governor Gretchen Whitmer (D) wasted little time on Wednesday in signing it once it hit her desk. 




Thursday, January 26, 2023

Michigan Senate Passes February Presidential Primary Bill

After being introduced two weeks ago, SB 13 -- the legislation to shift the Michigan presidential primary to the fourth Tuesday in February -- sat awaiting placement on the Michigan state Senate calendar for consideration on the floor by the full body.

Thursday was that day. 





Companion Super Tuesday Bill Introduced in Hawaii House

Another bill to establish a presidential primary in Hawaii and schedule it for Super Tuesday in 2024 has been introduced in the state House in the Aloha state. 


Monday, January 23, 2023

Friday, January 20, 2023

New Hampshire Senate Moves to Further Protect First-in-the-Nation Presidential Primary with Constitutional Amendment

In a move to further legally enshrine the state's first-in-the-nation presidential primary, the New Hampshire state Senate has introduced a concurrent resolution to create a constitutional amendment.

Hawaii Bill Would Establish a Presidential Primary

The Hawaii state legislature convened earlier this week for its 2023 session and wasted little time in prefiling legislation to create a presidential primary in the Aloha state.