Thursday, June 2, 2011

New Jersey State Senate Committee Votes in Favor of June Presidential Primary Bills

The New Jersey state Senate State Government, Wagering, Tourism and Historic Preservation Committee this afternoon voted in favor of legislation to eliminate the Garden state's separate presidential primary, combining it with the state and local primary elections during the first Tuesday in June.

On the discussion of the senate version of the bill (S 2883) Committee Vice Chair Sen. Mark Gordon (D-38th, Fair Lawn) -- a sponsor of the 2005 legislation creating the separate presidential primary -- made the point that part of the motivation for moving the primary in the first place was that such a move would net the state more attention and thus money from candidates and the media. He argued that that potential gain would offset any savings the state would have for eliminating the separate primary.

Senator Shirley Turner (D-15th, Trenton) countered that she had not voted for the 2005 bill and that she was for the elimination of the separate presidential primary, citing the fact that New Jersey has "too many elections". The committee's chair, Senator Jim Whelan (D-2nd, Northfield) came down between Turner and Gordon, having voted for the 2005 measure creating the new election while in the Assembly, but favoring the cost savings ("8 to 10 million bucks") this time around.

Votes were cast on both A 3777 -- the Assembly-passed version -- and S 2883. Both were favorably reported by 4-1 votes with Gordon the only dissenting vote in both cases. The bills will now move to the Senate floor for consideration by the full chamber.




The Big Advantage New Hampshire Has Over Florida on Primary Scheduling

Basically, it can be summed up in one simple explanation: New Hampshire has done it before.

More and more Florida elections officials are expressing concern over newly-passed elections law in the state, but more to the point, the uncertainty surrounding the scheduling of the Sunshine state's presidential primary (via Aaron Deslatte at the Orlando Sentinel's Central Florida Political Pulse Blog):

Indian River Elections Supervisor Leslie Swan has qualms about the elections reform Gov. Rick Scott signed into law last month – specifically, the provision that creates a new commission and gives its members until October to set the date for the state’s presidential primary.
Swan said in a press release Wednesday that the timing might not give county election supervisors enough time to train poll workers and choose voting locations.
“The uncertainty of the exact date for the Presidential Preference Primary Election really leaves our office in a difficult position as far as scheduling training for our poll workers and securing polling locations,” Swan said.
“We are hoping for a decision prior to the October 1, 2011 deadline in order to prepare for this election.”
The Presidential Preference Primary Date Selection Committee (PPPDSC) was created to provide Florida with the flexibility to set the date of their primary outside of the confines of the early state legislative session. The byproduct of this, however, is that the burden has been shifted from a state legislature having to act within a very small window of time to local elections officials having to prepare for a primary election in an unknown period of time. If the PPPDSC waits until the October 1 deadline to set a date and chooses the earliest possible date -- January 3 -- that would leave elections officials in Florida just three months to prepare.

Is that enough time? Who knows? Florida has never been in this position before. Well, Florida elections administrators haven't anyway. It should be noted that there was plenty of uncertainty surrounding the Florida primary in 2008; not the date so much, but whether it would be held and/or whether it would count. Of course, the state had that January 2008 primary in place as of May 2007 and acted as if there were no problems (The state was and is Republican-controlled and all the attention to Florida in 2008 was on the Democratic side in terms of the penalties for holding an early, pre-window primary.). Elections officials had time, in other words. In 2012, they will not have as much warning/preparation time.

Things operate slightly differently in New Hampshire. The scheduling flexibility is there as well with the decision resting in the hands of the secretary of state (Only current secretary of state, Bill Gardner (D) has ever held the date-designating power since the transition from state legislative control over that decision before the 1976 primary.). But New Hampshire has done this before. And though local elections officials were wary of having to prepare for a primary with an unknown date as late as November 2007 -- a primary that was rumored to potentially take place in mid-December of that year -- they were still confident that they could pull it off with as little notice as a week or two.

Granted, Gardner waited until the eve of Thanksgiving to choose the date for the 2008 primary in 2007, so waiting Florida out until October 1 at the latest will be comparatively easy in 2011 relative to 2007.1 Still, even absent that previous experience, New Hampshire has added flexibility in setting a date than Florida does. This may not be a big item now, but as the fall rolls around, we may start hearing more about it.

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1 Georgia's new December 1 deadline for its secretary of state to select a presidential primary may be more problematic to Gardner and New Hampshire.


Wednesday, June 1, 2011

Dogpile on Iowa and New Hampshire ...Again.

Is it that time again?

The time for everyone to pile on Iowa and New Hampshire for being the unrepresentative states at the front of the presidential primary and caucus line.

It seems that way. But now, instead of it being about the racial unrepresentativeness,1 it's about the urban-rural discrepancy and the resulting economic policy. The policy bit has been covered. Andrew Taylor showed -- without the quips about the position Iowa and New Hampshire occupy on the calendar -- that the earlier a state is the more it gains in promises from candidates and the more it gains in terms of candidates-turned-presidents' concessions once they are in the White House.

Now, a normative argument could be made for allowing other states to have a turn at the front to enjoy the fruits of being there. But that completely misses the point. So too, does Leonhardt's emphasis on the notion of one person-one vote in his New York Times take down of Iowa and New Hampshire on both urban-rural and policy concessions grounds. FHQ should go on record as saying that it is an advocate of one person-one vote, but primaries and caucuses or nominations for any office are not necessarily the domain of one person-one vote. Nominations, whether for president or dog catcher, are the business of the parties that conduct them. General elections, on the other hand, are about electing someone from one party or another to fill a particular office. The latter is democratic. The former isn't necessarily.

The idea of a general election is to let whomever wants to register to vote vote and have as equal a voice as possible. But nominating contests are not about that. Nominations are about the parties nominating someone to run in that general election. And the parties can choose whatever rules for govern that process that they want. It's their business.

Want to set the rules to produce the best candidate for the general election? Go for it.

Want to set the rules to produce the candidate who is the best ideological fit regardless of their chances in the general election? Again, go for it.

Want to set the rules to produce only balding, white males with yellow eyes -- so help me God, yellow eyes? Hey, more power to ya.

The point is that parties set the rules governing their nomination races. And no, they don't necessarily have to be democratic or fair. It just has to appear that way or appear enough that way. The courts have continually found in favor of the parties on this front (see the Tashjian case from the Supreme Court docket in 1986). The parties want to stick around for the long haul, and ideally to achieve that end they will have to be pragmatic and find enough electable candidates and minimize the Christine O'Donnells while still allowing for those sorts of results to occur.

But at the end of the day, it is up to the party to decide on the rules. And if that means Iowa and New Hampshire go first in the presidential primary process, then tough. When and if Iowa and New Hampshire produce a nominee that is unpalatable enough in the eyes of the party -- whichever party -- that a change at the front of the queue becomes necessary or even unavoidable, the party or parties will alter the rules. And honestly, I can't remember the last time someone argued that it was Iowa's and/or New Hampshire's fault that a certain candidate won a nomination and cost a party the chance at the White House. [It is usually the candidate that is thrown under the bus, not the voters who chose them eight or nine months prior.] Sure, that argument could be made, but it hasn't (or hasn't been effectively).

The bottom line is that Iowa and New Hampshire, despite their warts, do what they're suppose to do -- or at least do well enough at what they're supposed to do -- to keep their positions. If they didn't the parties would change it. And we may be approaching that point. All the talk about Iowa this time around has been about how the potential is there, due to the rightward "lurch" of the Iowa Republican caucusgoers, for an extreme candidate to win the caucuses and threaten Iowa's position as the first contest. FHQ cannot speak for the Republican deliberations that have taken place, but the Iowa/New Hampshire question was raised last summer at the Democratic Rules and Bylaws Committee meetings to set the 2012 delegate selection rules for the party. That idea was tabled, though, because the party's objective was and continues to be to reelect the president. The members of the committee did not want to rock the boat in 2012 by attempting to shake up the nomination system.

And until Iowa and New Hampshire drop the ball in some fundamental way, the parties are not going to want to rock the boat in any future cycle.

Is FHQ nothing but a shill for Iowa and New Hampshire? No, but we do know that the overlapping interests of state and national parties, not to mention those of state and national governments, make changing the presidential nominating process extremely difficult. Does that mean no effort should be made? Not necessarily, but please know that the parties hold a veto on any changes that are proposed (and that Congress, while technically able to intervene and effectively in the eyes of the courts has been very hesitant to do so).

There are bigger fish to fry.

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The interesting thing is that primaries/caucuses/nominations got confused with the ideals we hold dear in terms of general elections. That confusion is attributable, FHQ would argue, to presidential primary reform. In their effort to comply with the new Democratic Party rules for presidential nominations, states opted for the convenience of state-funded primary elections as opposed to funding separate, party-funded contests. The fact that most of these presidential nominating contests are taxpayer funded blurs the line on this. That opens up a whole different can of worms, though.

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1 The DNC opened the pre-window period up to both Nevada and South Carolina in 2008 in an effort to allow Hispanic and African American voters respectively have a larger say in the early presidential nomination process.


Companion Bill to Move Presidential Primary to April Introduced in Wisconsin Senate

Following the lead of Representative Gary Tauchen in the Wisconsin state Assembly, Senator Mary Lazich on Tuesday introduced SB 115 in the Wisconsin state Senate. As was the case with its companion in the Assembly (AB 162), the Senate legislation would shift the presidential primary in the Badger state from the third Tuesday in February back to the first Tuesday in April. Both Tauchen and Lazich are chairs of their respective chamber's committees dealing with elections. Rep. Tauchen chairs the Elections and Campaign Reform Committee in the Assembly while Sen. Lazich chairs the Senate's Transportation and Elections Committee. Both bills, then, have a high-ranking Republican to shepherd them through at least the committee hurdle before making it to the floor.

Wisconsin is currently under unified Republican control.


Governor Bentley Sends Amended Alabama Primary Bill Back to Legislature

On Tuesday, May 31, Governor Robert Bentley (R) returned HB 425 to the Alabama state legislature. The move is more of a speed bump along the way toward the ultimate enactment of this legislation than any major obstruction. In other words, the governor's move is not a signal of an upcoming veto. The intent of the bill is to consolidate the presidential primaries and the primaries for state and local offices on the second Tuesday in March. However, as passed, there would have been some conflicting language in the Alabama statutes as to the scheduling of the primaries. As such, the governor has offered an amendment to the bill:
Section 2. Notwithstanding any other provisions of law, in any year in which the primary election is held in March and the primary election is held in conjunction with the presidential preference primary election, as provided in this Act, any reference in any existing statutes to a primary election being held in June shall be construed to refer to the primary election in March.
The House concurred with the changes called for in the executive amendment and now the state Senate will presumably have to follow suit before the bill heads back to the governor for his consideration and likely signature.



Tuesday, May 31, 2011

Bill to Move Delaware Presidential Primary to April Introduced in State Senate

As expected, state Senator Michael Katz (D-4th, Centerville) introduced SB 89 in the Delaware Senate this afternoon. The bill would move the presidential primary in the first state from the first Tuesday in February to the fourth Tuesday in April. That would place the Delaware primary on the same date as the primary in Pennsylvania and the proposed date of the Connecticut primary. According to Secretary of State Denise Merrill last week, that date will also potentially add the primaries for New York and Rhode Island.

SB 89 will be added to the Presidential Primary Bills Before State Legislatures section in the left sidebar. A link to the legislation will also be added to the 2012 Presidential Primary Calendar.


Bill Introduced to Move Wisconsin Presidential Primary from February to April

On Friday, May 27, Wisconsin state representative, Gary Tauchen (R-6th, Bonduel), introduced AB 162. The legislation would shift the Wisconsin "Spring election" -- including the presidential preference primary -- from the third Tuesday in February to the first Tuesday in April. This was the position the primary had held for much of the post-reform (presidential nomination) era. Other than the 2004 and 2008 cycles, the only other time Wisconsin has not held a presidential primary on the first Tuesday in April was in 1996 when the state coordinated its contest with Great Lakes neighbors, Illinois, Michigan and Ohio.

It is noteworthy that this legislation was introduced in the state Assembly and sponsored in the state Senate (by Sen. Mary Lazich (R-28th, New Berlin)) by members of the Republican caucus in both chambers of the legislature. Our hypothesis concerning 2012 primary movement here at FHQ has been that Republican-controlled legislatures would be less likely to move back than Democratic-controlled legislatures or that Democratic legislatures would be more willing to move further back on the calendar. Given the need to move back due to national party rules, Republican legislatures would opt, on average, to move back to the earliest allowed date -- March 6 -- as opposed to some later date. Recently, however, it has become necessary to moderate that series of hypotheses based on an emerging pattern in some Republican states. The new Republican proportionality requirement has forced some Republican states to reconsider the dates on which presidential primaries are held in order to preserve winner-take-all allocation rules. Those states that value winner-take-all allocation relative to earlier, but proportional influence over the presidential nomination process are opting to conduct presidential primaries and caucus meetings on or after April 1 -- the cutoff after which winner-take-all allocation can be utilized.

Having traditionally used winner-take-all allocation rules, Wisconsin Republicans (some of them in the state legislature at least) are positioning the presidential primary in the Badger state in this legislation to preserve that tradition.

AB 162 will be added to the Presidential Primary Bills Before State Legislatures section in the left sidebar. A link to the legislation will also be added to the 2012 Presidential Primary Calendar.


Sunday, May 29, 2011

Idaho Democrats to Caucus on April 14

Idaho Democrats earlier this month opted to stick with the caucus/convention system the state party has used in the past as a means of allocating delegates to the national convention. The original draft delegate selection plan (posted on the party website on March 1) called for April 7 caucus meetings, but the party has in the time since pushed that back a week to April 14. That is a date that will place the Idaho Democratic caucuses on the same day as Democratic caucuses in both Kansas and Nebraska. Neighboring Washington will have Democratic caucuses a day later on April 15. If Wyoming Democrats push their caucus meetings back a week to April 14, it could set up a "cluster" of caucuses on April 14. That would boost the delegate totals in Idaho, Kansas, Nebraska and Wyoming by 15%. [All clusters of three or more states falling after March 20 are eligible for that bonus under Democratic rules.]

[Click to Enlarge]


A thanks goes out to Tony Roza at The Green Papers for the news on Idaho Democrats' delegate selection plan.


Colorado Presidential Caucuses Move to March 6

Governor John Hickenlooper on Friday, May 27, signed a host of legislation into law. Among them was SB 189, a bill that not only moves the primaries for state and local offices from September to June, but shifts the precinct caucuses used in the Centennial state for allocating national convention delegates up by two weeks as well. Those caucuses, moved temporarily into February for the 2008 cycle reverted to their third Tuesday in March date afterwards. As a provision of SB 189, though, Colorado will now hold precinct-level caucuses commencing the allocation of presidential delegates on the first Tuesday in March. That March 6 date is evolving into the -- national party-intended -- Super Tuesday for 2012.

[Click to Enlarge]



Friday, May 27, 2011

Georgia Democrats Assume a March 6 Presidential Primary in Delegate Selection Plan

The Georgia Democratic Party today released for public comment the draft of their 2012 delegate selection plan. The document is peppered with assumptions that the Georgia presidential primary will be on either March 6 or some time in February or March.1
Section I, Part B.2:
The "first determining step" of Georgia's delegate selection process will occur on March 6, 2012, the assumed date of a primary.
A summary table outlining the process later in the document (see page 34) multiple times refers to the likelihood of the Georgia secretary of state setting the date for some time during February or March. A February date for the primary obviously would be a violation of national party rules. Despite that, Georgia Democrats did not do in their delegate selection plan draft what Florida Democrats did in theirs. Namely, Georgia Democrats did not make the date of the delegate selection process conditional on where the primary will be set on the calendar. There is no explicit trigger mechanism put in place as in the Florida plan. There is a caucus/convention system in place for the selection of actual delegates (based on the results of the primary), but it is not automatically made the primary means of allocating delegates if Secretary Kemp selects a non-compliant date for the primary.

The district caucuses, according to the plan, are set to take place in Georgia on Saturday, April 21 and culminate with the state convention on May 26. The option, then, exists if Georgia Democrats have to use the caucuses given a non-compliant primary date.

Thanks to Tony Roza at The Green Papers for passing the news of the delegate selection plan along to FHQ.

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1 On a table on page 34 the party incorrectly states that the Georgia secretary of state can set the date of the presidential primary for as early as December 1. Secretary Kemp has to select a date for the primary by that day, but the primary has to fall at least 60 days after that.


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