Thursday, May 3, 2012

Delegate Selection is Never Easy in Nevada

Why is it that it often appears as if the political parties in Nevada are on the verge of snatching defeat from the jaws of victory concerning the matter of national convention delegate selection?

It mostly has to do with the scrutiny attendant to having the state's caucuses thrust into the early, pre-window portion of the presidential primary for 2008. Hillary Clinton brought suit against casino caucuses, won the 2008 Nevada Democratic caucuses anyway, but due to the construction of the state party delegate selection rules lost out in the delegate count to then-Senator Barack Obama.

On the Republican side, Mitt Romney won the 2008 Nevada Republican caucuses while almost every other campaign was focused on the South Carolina primary on the same day. The January caucuses were on the up and up, but that a candidate overwhelmingly won them and then withdrew from the race ultimately had the effect of throwing subsequent steps in the delegate selection process into chaos. The void created allowed Ron Paul supporters -- and leftover Romney supporters aligned with them -- to overtake the process, leading to the cancelation of the state convention and later selection of national convention delegates by the Nevada Republican Party State Central Committee.

In each case, the legitimacy of the overall processes was called into question by at least some faction within each party. And by all indications the Nevada Republican Party may be heading down that very same road -- but for slightly different reasons -- in 2012.

FHQ was less concerned than most in February with the molasses-slow count of just less than 35,000 precinct caucus votes on February 4,1 but it looks like that may have been an omen of things to come. If that wasn't, then the Paul efforts to overrun the special -- and later-than-the-rest caucus -- set up for Jewish caucusgoers observing the Sabbath should have served as a signal. Of course, unlike the 2008 experience, the Nevada Republican Party had at least laid the groundwork for a more orderly process in 2012 by making the vote in the precinct caucuses binding on the ultimate allocation of delegates. The winner of the caucuses, also unlike 2008, stayed in the race. Undeterred by either of those changes, however, Paul supporters pressed on; striving to -- like 2008 -- win as many delegate slots to the county and state conventions as possible.

And that has the Nevada Republican delegate selection process at a crossroads heading into the state convention this coming weekend. On the one hand, Paul forces are well-positioned to affect a repeat of the 2008 state convention (...albeit, the campaign would hope without the cancelation and selection of delegates by the state central committee). But on the other hand, the Republican National Committee Legal Counsel's Office has intervened,2  threatening the state party with just that: ensure that the delegate selection rules laid out carry the day or run the risk of a challenge to the delegation at the national convention in Tampa.

In sum, this is a recipe -- a match and a canister of gasoline -- for an interesting state convention. The first test case of this will occur early on Saturday (10:30a-12:15p) at the state convention when there is a vote scheduled to adopt the proposed rules. If onlookers are attempted to game where the potential points of derailment are, this is the first. Recall that the RNC legal counsel pointed out that it would find any attempt to alter any of the rules "improper". But it is just that sort of thing that the faction of Paul delegates at the state conventions to be held thus far have attempted.

Overall, both sides, I would argue, have pretty good arguments no matter how this progresses, but arguments not without flaws.

The RNC is making the case that rules are in place and that the delegate selection and allocation should reflect those guidelines. The proportional allocation of the state's 28 delegates, in the RNC's view, should allot Romney 20 and Paul the remaining 8.3 Of course, the reallocation of delegate positions bound to Newt Gingrich and Rick Santorum is potentially premature. Both candidates have suspended their campaigns but the Nevada Republican Party rules call for a withdrawal from the race for delegates to be released. That is debatable, but the RNC seems to be assuming a withdrawal nonetheless. The key on this point is if there are any Santorum or Gingrich delegates at the state convention who are willing to fight for those spots. Additionally, it should be noted that the withdrawal scenario described in the rules fits in a different window of time: a withdrawal after the state convention but before the national convention. There is seemingly no pre-state convention withdrawal scenario accounted for in the NVGOP rules.

Expect to hear this from Paul-aligned delegates on Saturday. They will make the case that those Santorum and Gingrich bound-delegates are fair game and should not be redistributed based on a reallocation of the total number of delegates according to the collective Romney-Paul share and division of the precinct caucus vote. Instead, Romney should have his base 14 delegates allotted to him and Paul, his 5 with the nine other delegates still bound to Gingrich (6 delegates) and Santorum (3 delegates). If there are Gingrich and Santorum delegates there, then they can claim those slots. Otherwise, the remaining top vote-getting delegates -- be they Paul or Romney supporters -- claim those spots. If the Paul forces involved in Nevada are as strong as some are indicating, that would allow them to pick off all or most of those nine delegates. That would in turn equalize the delegate count between Paul and Romney in the state.

Granted, this all assumes that there is a relatively tame fight over the small segment of the rules discussing but not completely specifying the withdrawal of candidates. The Paul campaign could settle for a 14-14 delegate count out of Nevada, but it could also attempt to completely overwrite the proposed rules for the convention during that adoption vote, swinging even more -- or all -- of the delegation Paul's way.

Strategically, the split is probably a more reasonable route -- as opposed to completely rewriting the rules -- simply because attempting to bite off more than Paul state convention delegates can chew may force the Nevada GOP's hand. And by that, I mean, pulling the plug on the convention, as was the case in 2008. That would throw the delegate selection decision to the state central committee again. [The committee is slated to meet the Sunday after the convention is set to adjourn.]

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One other note (or perhaps notes): The national committeeman and national committeewoman posts are up for election at the state convention as well. Those are obviously two of the three automatic delegates (who are also proportionally allocated -- but bound to the candidate of their preference) from Nevada. The catch is that their term of service does not begin until they are ratified by the Republican National Convention. It isn't clear what would happen if there is a snag in that ratification process -- whether the current members would cast votes during the roll call or what. But a roadblock seems more likely if committee-people-elect come from what is viewed as an illegitimate state convention. Much, it seems, would depend on when that ratification vote took place relative to the roll call vote (likely before it as it has some bearing on the credentialing process).

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Buckle up, folks. This convention promises to be a fun one.

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1 As I've argued, following the 2008 experience and what had happened just a month earlier in Iowa, the Nevada GOP was probably right to take their time counting ballots (...even if the outcome was not nearly as uncertain as had been the case in the Iowa caucuses).

2 To follow up on the post from yesterday on Paul's leverage moving forward, take the RNC's letter as at least some evidence of the national party/the Romney campaign attempting to engage in this process to avert any chaos at the national convention.

3 Fabulous Las Vegas Sun reporter Jon Ralston cited the 20 Romney delegates in his write-up of the letter from the RNC last night and confirmed with FHQ that that is based on the reallocation of Gingrich and Santorum delegates from the first round.


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Wednesday, May 2, 2012

Question Time: How Much Leverage Does Ron Paul Still Have?

The above is not the question that FHQ specifically received, but neatly encapsulates the breadth and depth of the questions that have rolled into either the comments section or my inbox concerning the Ron Paul campaign's continued efforts to amass delegates to the Republican National Convention in Tampa. As opposed to answering them one by one, I figured that I would take a step back and provide an overview of where the so-called delegate strategy is and what if anything it is likely to yield Paul and/or his supporters before, during or after the August convention.

First of all, as far back as January 4 -- the day after the Iowa caucuses -- FHQ was expounding upon the the Paul strategy and how it compared to/differed from the approach the campaign had in 2008. Periodically, I have also revisited the strategy in the Race to 1144 posts and when necessary on Twitter. Still, the matter really has not received the attention it probably deserves. [Yeah, on that point I respectfully disagree with Dave Weigel. Yes, there are realities/constraints to media coverage, but for selfish reasons, I sincerely wish this story had been followed more closely.] The point then, as now, was to point out that the Paul campaign and its supporters were, have been and are organized. They have thus far been more successful in winning delegate slots to the national convention than they were four years ago.

Paul, for instance, looks very well positioned to control not just the bare minimum delegation pluralities in states unbound caucus states like Colorado, Iowa and Minnesota, but majorities of those delegations at the Tampa convention. That is on top of the news from over this past weekend from Massachusetts, that despite being bound to Mitt Romney on the first ballot at the convention there are at least 16 Paul supporters elected to the Bay state Republican delegation (of 41 total delegates).

But the question remains, so what? What does any of this mean (...especially if it is highly unlikely to derail a Romney nomination in Tampa)?

Well, as FHQ pointed out in January, if there was or is an over/under on the number of delegates Ron Paul's campaign is likely to get to the national convention, take the over. The Paul coalition has and will continue to see varied success across the remaining states to select delegates. There are, after all, two parallel tracks in a Republican presidential nomination race: 1) the contests that we have all followed the results of on nearly every Tuesday (and sometimes Saturdays) for much of the year and 2) the actual delegate selection. The former in most cases only binds delegates to particular candidates, but that leaves the later selection of delegates. That process does not necessarily entail selecting folks who are supportive of the candidate to whom they are bound.1 In fact, the Paul campaign and/or its supporters on the state level are turning that logic on its head.

Again, what does any of this gain for Ron Paul and/or his supporters? I fundamentally disagree with Dave Weigel that these delegate victories are an attempt by the RNC or state parties to give the Paul coalition some "wins". That "own goal" mentality is misguided because those wins are not likely to abate any time soon. There is no giving. The Paul folks are using superior organization -- in some states -- to take Romney-bound delegate slots (or delegate slots bound to or prematurely allocated by the AP and other outlets to other candidates).

Is Paul after the nomination? I don't know. But his supporters sure are.

And procedurally, they have a legitimate albeit longshot strategy to get there. That strategy first involves the continued accrual delegates; delegates bound to Paul through the remaining May and June primaries and delegates bound to any other candidate but carrying a Paul preference in the congressional district caucuses and state conventions yet to be held. Of course, having a fair number of Paul supporters as delegates does not keep Mitt Romney under the 1144 delegates necessary to clinch the nomination at the convention when they are Paul supporters bound to vote for Romney on the first ballot.

That triggers the second part of the strategy: Paul-supportive but Romney-bound delegates abstaining on the first vote. This is a tricky maneuver, but not one that is prohibited by the Republican Party delegate selection rules. It does, however, run up against state-level delegate rules that in some cases legally bind delegates to a particular candidate through one or more ballots at the national convention. But that is uncharted waters in this process. How does one take such a challenge of the rules to court in a way that resolves the issue expeditiously within the window of time in which the party is meeting in Tampa? It doesn't. The result is probably a huge embarrassment for Mitt Romney and the Republican Party; not something it wants when attempting to successfully challenge a vulnerable incumbent president.2

The question that emerges from that is the same as the questions that faced all of the other non-Romney candidates throughout primary season: Can Romney be kept under 1144 (but at the convention)? To do that Paul and his supporters would indeed face an uphill climb. That doesn't mean that they would have to amass 1144 delegates on their own. It would mean a combination of Paul-bound delegates, Paul-supportive but other candidate-bound delegates and those delegates won by candidates who have since suspended their campaigns. The Paul-bound delegates are easy enough, but those other two groups of delegates are shrouded in questions marks. Concerning the delegates bound to other candidates, the state of those campaigns are important. Well, it is not the state of the campaigns so much as the distinction they bear at that point in the race. A suspended campaign at that point is still a campaign that is active; active in terms of not having released its delegates. None of the candidates that have withdrawn from contention and have been allocated delegates (or bound delegates) has formally withdrawn from the race. Huntsman and Santorum have both suspended their campaigns which protects their delegates (...in most cases, but with exception). Gingrich appears to be doing the same.

There is the potential for a great deal of overlap between the delegates bound to other candidates and those that are Paul-supportive but bound to another candidate. But they are distinct enough from each other if only because in the event that they are ever released by the candidates to whom they have been bound they are free to unite behind Romney or join an effort to oppose the nomination. The district and state conventions in the coming weeks will likely settle that matter. As selected delegates are going to come from either the Paul or Romney camps -- more bound to the former than the latter.

It is that process -- the selection of delegates -- that so significantly clouds the outlook on this though. There is no one good independent source tracking the preferences of delegates actually selected to attend the national convention. As such that is the great unknown not so much of the Paul strategy but of the prospects for this materializing in any overt way that causes headaches for the Romney campaign and/or the Republican Party; both of which are merging their efforts with November in mind.

To some extent, then, the question of how much leverage Paul or Paul's supporters have is unanswerable. Are there enough of those "secret" Paul delegates to prevent Romney from getting to 1144 on the first ballot at the convention if they abstain?  We don't and probably won't know with any level of certainty until sometime in June or even later. That is a while for Romney -- the presumptive Republican nominee -- to live with some level of even under the radar uncertainty. But that also presents them with a decision: Make some form of concession to Paul now(-ish) or wait and see Paul's cards later and make concessions then.  Waiting is a gamble. Paul could show his cards close to the convention and really present some problems for Romney; forcing a larger concession (VP slot, cabinet position, convention speaking spot, etc.). The best indication of the level of threat the Romney team perceives in Ron Paul will be the efforts it makes in the remaining district and state conventions. If they counter the Paul organization it is a pretty clear signal that there is an issue. If not, it indicates either they are blind to this issue -- particularly if Paul continues to win delegates bound to other candidates (Romney) -- or don't view it as a problem at all (or both). Obviously, the level of threat the Romney team perceives affects the extent of any concessions it feels are necessary to satisfy Paul and/or his supporters.

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Now, procedurally, none of this is likely to matter. There are seemingly enough failsafes in the RNC rules to prevent an outcome that does not have Romney as the nominee. But that doesn't mean that Ron Paul or those delegates aligned with him have to make it easy for Romney. The rules regarding the abstention strategy are not unlike the rules of keeping Romney under 1144 generally. For the sake of the exercise, let's assume that Romney has at least 1144 bound delegates in Tampa, but that enough of those Romney-bound delegates are Paul supporters to keep the former Massachusetts governor under that number on the first ballot through abstentions. Given the unknowns above, that is a fairly sizable assumption.

But let's look at the structure of this anyway.

Many want to focus on RNC Rule 40 that requires a candidate to have plurality control of at least five state delegations to be nominated. As stated above, Paul is in good shape to do that. But that isn't really the concern here. The roadblock to this being a more significant threat to Romney is Rule 37 regarding the procedure for roll call voting. Rule 37 gives a certain amount of power to the individual state delegation chairs. If the state delegation chairs see abstentions or the potential for abstentions, they are very likely to pass on their vote with the roll call progressing to the next state alphabetically. This is why the election of state delegation chairpeople is so important and why the reports that a Paul-aligned candidate in Colorado defeated Colorado Republican Party chair, Ryan Call, for the distinction are consequential. Passes are less likely to come from Paul-aligned delegation chairs than Romney or establishment-aligned chairs.

What is not clear in the RNC is rules on the roll call procedure is whether states can pass more than once if bound delegates do not vote in accordance with their "commitment". The rules indicate that no state can change votes until each state has had a second (post-pass) opportunity to vote. What is less clear is whether that constitutes a second ballot. FHQ's reading is that it would not. That is a secondary concern to the multiple pass question though. If the chairs from "problem state" delegations -- those with Paul-aligned but Romney-bound delegates threatening abstentions -- can pass more than once, then the roll call can quickly devolve into a feedback loop where the convention gets stuck. Again, that is embarrassing for the party and Romney. It is not a desired outcome.

Of course, if it gets to that point, that will be the true surprise. If Paul-aligned delegates are a threat, the RNC and the Romney campaign will undoubtedly have done some sort of informal delegate whip count ahead of time and have other failsafes set up in the credentialing process or something else to prevent convention floor chaos.

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Look, I don't want to make too much of this. As I said, it is a legitimate strategy, but it is a longshot to work in terms of preventing a Romney nomination much less creating a Paul nomination. However, it is a unique strategy worth exploring. The main thing moving forward will be to watch how the Romney campaign operates in the upcoming state conventions and district caucuses/conventions where delegate selection is on the agenda. If the Paul folks continue to nab delegate slots -- bound to Paul or not -- it could prove to be a headache at some point over the summer for Romney. But we won't know how much leverage Ron Paul and his supporters may have until we have a firmer handle on just how many bound delegates the Texas congressman has and more importantly how many "stealth" delegates he has.

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1 It should be noted that this is mainly how it has worked in the past. People who are elected delegates are either supporters of the candidate to whom they are bound or are folks just happy to be selected as delegates and thus willing to go along with the party's choice of nominees.

2 Of course, if that happened, it might very well overshadow the Democratic convention in Charlotte the following week. [Silver lining?]


Recent Posts:
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Monday, April 30, 2012

Question Time: What Happens to Santorum's Delegates?

Via the comments:
Will you start classifying Santorum's delegates as uncommitted?
The classification of Santorum's delegates in FHQ's Race to 1144 posts is a bit of a tricky issue. The easiest answer is to say that we will do exactly what we did with the Huntsman delegates in New Hampshire. First of all, know that the decision on the Huntsman delegates was, well, ad hoc. Though the process had yet to play out on the state level, the RNC almost immediately shifted those delegates to the "uncommitted" column in its delegate count. I suspect if the RNC had not already shifted to general election mode and was still regularly updating its in-house delegate count, the Communications folks there would similarly shift some or all of the Santorum delegates into the "uncommitted" category as well.

Yet there is a difference between a candidate with two delegates and another with more than 200 delegates. FHQ is much more inclined -- perhaps, contradictorily so -- to take the slow approach with the Santorum delegates as opposed to the Huntsman delegates. Think of primary season as a spool of thread. It is much easier to wrap an unraveled inch of thread back around the spool in an orderly way than it is to attempt re-spin 20% of the total thread unraveled to this point.

One other issue worth raising is that one of those two New Hampshire delegates for Huntsman later came out in support of Mitt Romney.1 None of Santorum's delegates have yet to do anything like this.

Moving forward, then, the most appropriate way to deal with this issue to pull those delegates back from Santorum's total when and if state party rules or state law forces a change in their categorization. For instance, Michigan state law, not state party rules as has been reported, releases a candidate's delegates upon
...the withdrawal of that presidential candidate from contention for that party's nomination or by written release of that presidential candidate to the chairperson of the national convention, whichever is earliest. -- Act 116-1954-XXV, Section 168.619
But if you look closely at that AP account of Santorum's Michigan delegates, you will note that the actual delegates have not been selected yet. The Santorum campaign withdrew a challenge in order to safeguard the proportional selection of Santorum supporters to delegate slots by the party. [Paul campaign supporters may have something to say about that at upcoming county conventions, congressional district caucuses and the state convention.] But it doesn't really work that way. There are no safeguards.

What that means, though, is that the Santorum campaign has or hopes he has 14 theoretical delegates "bound" to him in Michigan. Once those delegates are selected, however, they will not be bound to him and chances are good that the chosen delegates will not necessarily prefer him as a candidate; opting instead for Romney or Paul.

Of course, this is just one state. The rules regarding the commitments/binding of delegates differs from state to state and the changes in the delegate count need to reflect that reality. In most instances, delegates have not been selected, but rather slots set aside for one candidate or another (via rules- or law-based binding mechanisms), and in most cases, those commitments are in place until the candidate releases them.2 Those delegates will remain in Santorum's column until he releases those delegates or the actual delegates chosen come forward with publicly stated preferences indicating support for another candidate. That is similar to the treatment of the Huntsman delegates.

NOTE: The case is fairly solid in terms of moving the 14 Santorum delegates in Michigan to uncommitted in the FHQ count. That change will be made in the next update after the Indiana, North Carolina and West Virginia primaries on May 8.

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1 Truth be told, one of those two New Hampshire delegates is still a Huntsman delegate. It just did not make sense, however, to continue setting aside a column in the spreadsheet or bar in the bar chart for just two delegates. That one contest delegate in the unbound/unpledged section is still a Huntsman delegate. [Note to self: Add a footnote to that effect in the next update.]

2 The withdrawal from contention clause in the Michigan law is a necessary but not sufficient condition in most other states. It is not either/or in other words. Rather, a withdrawal and release is necessary to unbind delegates.

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Massachusetts Republican Caucuses: Sigh and Questions that Need to Be Asked/Answered

This is one of those things where if folks -- and by folks I mean the press -- had been following along with both the Paul campaign/the efforts of Paul's supporters and the rules of the game in states across the county, the situation in Massachusetts this weekend likely would not have come across as that much of a shock.

The reality is that the Paul supporters, as they are doing throughout the country, are striving to elect as many Paul-aligned delegates to the national convention in Tampa as possible -- bound to Paul or whomever (more on this later in a separate post). Such was the case in caucuses across the Bay state on Saturday. Outside of the surprise/symbolism of the Romney slate not emerging victorious in the former governor's home state, there really is little else to the story. The 38 at-large and congressional district delegates are still bound to the winner of the March 6 Massachusetts primary through the first ballot at the national convention. And that is that.

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The other interesting aspect of this is that the reporting thus far is emphasizing the fact that former Lieutenant Governor Kerry Healey (R) lost in her race to become a delegate. This is strange because Healey is already a delegate having been selected by the Massachusetts Republican State Committee as the Republican National Committeewoman from the state earlier this month. In that role, Healey is already an automatic delegate to the convention. Viewed from that perspective, it is odd that Healey was even running. The position of national committeewoman is one voted on, according to Massachusetts Republican Party bylaws, by the State Committee. The State Committee members were elected through the primary on March 6 -- not in the caucuses over the weekend. That eliminates the possibility of State Committee members being elected and then turning around and selecting national committeepeople or state party chairs. The elections of those officials are outlined in Article III, Section 2 of the state party bylaws. If anyone can get through to the Romney campaign, it may perhaps be worth asking why Healey was running for a position (delegate) she could not occupy.

...since she is already a delegate.


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Question Time: Big [Early] States & Future Primary Calendars

Via the comments:
Is there a movement afoot in either party to move one of the big swing states (OH PN, ect.[sic]) either to inside the "carve out" category or close to it? If not (as I suspect) why do you think that is? I mean there would be a lot of benefits to the party not just for the nomination but also the general election.
The simplest answer is "I don't know."

However, that is mainly because I'm iffy about the word "movement". Is there any movement? No, but there are factions/people within the decision-making bodies in both the Democratic National Committee and Republican National Committee that have voiced or seemed supportive of such ideas (albeit more for selfish, state-specific reasons rather than for reasons of general election electoral benefits). Beyond that, though, I don't know. But I do have a few educated/informed impressions.

The DNC Rules and Bylaws Committee mostly punted -- and rightly so with an incumbent seeking re-election1 -- on rules changes in 2010. The overwhelming sentiment that prevailed in the Washington meeting that FHQ attended was that no one on the committee wanted to rock the boat. There was, as I'm sure there inevitably is at these things, some brief discussion of the early states: Iowa, New Hampshire, Nevada and South Carolina. I say that there are inevitably discussions along these lines, but I left with the feeling that this was among the least contentious, shallowest dives into the question of early states in quite a while. Some members harped on the idea of reshuffling the deck at the front of the calendar, but that went nowhere. What did move the needle ever so slightly among the group or at least enough among them was a process similar to what guided the commission that tweaked the Democratic delegate selection rules prior to 2008. This was the group that essentially held auditions for states that wanted to move into the, what the Democrats call, pre-window period. This was the point at which Nevada and South Carolina were added to the mix. The Rules and Bylaws Committee left it at that in 2010; open the early calendar up to a couple of additional states from among a group that applies.

If I had to guess now, I would say that Florida and Michigan have a leg up on the competition. Now, that's counterintuitive, right? It was after all four short years ago that Florida and Michigan threatened to rip the Democratic Party apart over how both states' delegates would be counted. But the simple truth of the matter is that both are already there. That is almost more important than the "Hey, those two states could be swing states in the general election" argument. This is a big deal: being able to move the primary or caucus. Florida will likely be there regardless. It does not seem likely that the Florida legislature will change hands -- moving from Republican control to Democratic -- any time within the 2012-15 window which means that about two-thirds of the date-setting process will rest with the Republicans.2 Unless the RNC comes up with a penalty that actually deters rogue states from scheduling primaries out of compliance with the national party delegate selection rules, Florida is very likely to go early again. Republican actors in the state are very serious -- it seems -- to make Florida the fifth contest at the latest on the calendar. Is there any sense in potentially re-fighting 2008/Florida again? I wouldn't think so. The Michigan primary is already scheduled, according to state law, for the fourth Tuesday in February.  Again, why fight it?

The one wildcard to keep an eye on Arizona. The Arizona primary is already scheduled for the same date as the Michigan primary and the law there adds the flexibility for the governor to shift the date up to an earlier date. That is a problem for the, in this case, Democrats (...but the Republicans too). There will have to be some new sanctions in place to dissuade Arizona from additional moves.3 What works against Arizona is that "the West" is already represented by Nevada. Florida fills the "big state" role. Michigan is the "blue collar" or "labor" or "midwestern" state. Arizona has no such similar role. But it can argue that it might be electorally important to the party in the general election in the future.

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On the Republican side, there was little discussion of overturning the early calendar apple cart in the Scottsdale RNC meeting recently. Additionally, there was no talk -- at least that I heard -- of putting together a commission to re-examine the RNC delegate selection rules outside of the convention as was the case with the Temporary Delegate Selection Committee (2009-10). This was the first, and perhaps only, foray the party has or will make into the midstream delegate rules changing arena in the post-reform era.

But the RNC is faced with a similar quandary to what the Democrats will encounter: How to keep states in line, or more to the point from breaking in line? That is the key question for both parties. The RNC, I think, realizes that the same three states -- Arizona, Florida and Michigan -- present it with a certain immovable object problem; one that cannot be remedied without some form of actual deterrent.4 What that penalty is, though, is unknown as of now, but I'm sure will be discussed in the months leading up to the Tampa convention.

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Will there be additions to the carve out states in 2016? I think that is a safe bet at this time? Will those additions make sense in terms of why they were added? Sure. States will be added mostly because the alternative of not adding them is counterproductive to the parties. Are the states best positioned to take advantage of those new carve out spots potentially important in a general election for both parties? Coincidentally enough, yes, but only coincidentally enough. If the parties wanted to actually confront such a coordination problem (putting together with states and state parties a primary calendar that paid electoral dividends in November) on their own, they would be hard-pressed to muster the willingness much less the ability to actually pull that off.

Uphill sledding...

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I should take a moment to mention that I will be taking part in a workshop at the Harvard Institute of Politics in May that will bring together folks from the Rules Committees in both major parties in addition to folks from the National Association of Secretaries of State and National Conference of State Legislatures. Selfishly, I hope to get a better picture on what is happening in both parties concerning the rules for 2016, but I also hope a productive dialog is started/continued on the nomination process and the limit to which it can in reality be reformed given all the competing interests.

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1 Folks have been persuasive in arguing that if a party is going to make changes, the best time -- or the time with the least number of potential conflicts within a party -- is when the stakes are low. You know, when a reasonably popular incumbent is seeking re-election; an incumbent who has a party rallying behind him like Obama had in 2010 and has now.

2 State law now gives the speaker of the Florida House, the president of the Florida Senate and the governor three selections each to the committee that sets the date. If Governor Scott is not re-elected in 2014, Democrats will be able to muster four selections to the committee. No one member-naming authority can name more than two members of his or her own party to the committee. The speaker and the president would have to name two Democrats and the presumed Democratic governor would name two additional Democrats. But that is just four out of nine slots; not enough for Democrats to gain control of the process.

3 Of course, it should be noted that the Democratic Party has for the last two cycles now had a sanction on the books that penalizes not only the states for going to early, but any candidates who campaign in violating states as well. States move up for attention and if that attention is affected by candidates/media not showing up, then there is little utility in moving forward. ...or at least that will be the test in 2016 should the Democrats stand pat with their current penalties regime.

4 The same is true of some of these non-binding caucus states that have been able to skirt Republican rules most noticeably in 2012 (...but the issue was around in 2008 too). That is a different story or one for a different time anyway.

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Friday, April 27, 2012

Question Time

For some time I have admired -- and totally wanted to rip off -- the Question Day posts that Bernstein does on occasion. To this point, I had neither the time or inclination to do so. But the combination of the desire to try out the format and the influx of good questions via comments or email this week, I think, has pushed me over the edge.

In a nod to Question Time in the British House of Commons (and to acknowledge the fact that today is looking crazy time-wise), I'm going to field (good, quality1) questions and spread the answers out over more than just today. I've already got three really good questions with which I definitely want to deal,2 but if you have any others questions feel free to drop in in the comments section below or via Twitter under the hashtag, #fhqquestiontime.

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1 Seriously, keep it substantive, folks.

2 To avoid overlap, I already have and plan to answer questions concerning:
  • Ron Paul's delegate strategy (and the convention)
  • Turnout in upcoming primaries
  • The status of Rick Santorum's delegates (post-suspension)


Recent Posts:
Iowa GOP considers new rule for close caucuses 

Pair of Missouri Bills Would Shift Future Presidential Primaries Back to April

House-Passed Bill in Virginia to Consolidate Primaries in Presidential Election Years to Be Considered in 2013 in State Senate 


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Thursday, April 26, 2012

Iowa GOP considers new rule for close caucuses


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A couple of tidbits from the piece:
"To prevent future criticism of the Iowa caucuses, state Republican party officials will consider this rule: If there’s a difference of 1 percent or less between the top two vote-getters, they will declare the race too close to call that night.  
"That would then trigger a 72-hour deadline for the certification process, the party’s system of double-checking the vote totals. Currently, the party gives itself about two weeks to wrap up certification."
...and...
"[Iowa] Republicans are worried that the RNC will strip Iowa of its first-in-the nation voting status if the caucus system here suffers too many black eyes." 
I get this latter sentiment, but I don't. On the one hand, both parties in Iowa should probably always be on guard; especially after the snafu this past January. That said, there was absolutely no indication -- not in a formal "introducing an amendment/resolution" sort of way (certainly nothing that was adopted) -- that stripping Iowa (or New Hampshire, Nevada and South Carolina) of its position at the RNC meeting in Scottsdale last week was anywhere close to a consensus position among the RNC members.1

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1 As Zeke Miller of Buzz Feed tweeted from Scottsdale:
"Almost no interest at all in changing the "carve-out" that allows IA/NH/SC/NV to go first at the RNC Rules Committee meeting"
Recent Posts:
Pair of Missouri Bills Would Shift Future Presidential Primaries Back to April

House-Passed Bill in Virginia to Consolidate Primaries in Presidential Election Years to Be Considered in 2013 in State Senate

Race to 1144: Mid-Atlantic/Northeast Primary


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Pair of Missouri Bills Would Shift Future Presidential Primaries Back to April

If you followed the saga that was the Missouri state government effort to move the Show Me state presidential primary into compliance with national party delegate selection rules last year, you are probably already more than ready to dismiss this and move.1 [FHQ doesn't know that it blames you.] Yet, here the legislature is again -- one year later -- examining a couple of bills that would consolidate the February presidential primary with the April general municipal primaries, moving the former back to coincide with the latter.

Now, the general assembly faced a similar situation during 2011. A bill to consolidate the presidential primary with the congressional primaries in June -- moving the former from February and the latter from August -- was introduced and referred to committee but died there as other bills focused on moving the presidential primary to March took precedence.  Again, as was the case with the 2012 bill in Virginia, the prime motivating factor in introducing these bills -- HB 1962, HB 1981 -- is budgetary (...though sadly there is no information on the fiscal impact for either).2

Of course, no Missouri post would be complete without some sort of legislative roadblock. Even if legislators were/are eager to pass this legislation, they are running out of time in the second of a two session term. The General Assembly is set to adjourn in May and the deadline for bills to have emerged from committee in the chamber opposite the one where it was introduced was April 12 -- the same date that both of these bills were referred to committee. [Granted, this is an appropriations bill of sorts since it deals with a matter that would seemingly reduce the costs of elections. The deadline for those bills to have passed -- as in the next stop is the governor's desk -- is May 11.] The fact that this is the second of two legislative session is important because the bills will not be able to carry over to the next session (not that they can be in Missouri anyway).

In other words, don't expect the Missouri primary to be moved in 2012 with 2016 in mind. It will be 2015 before any of this is likely relevant again. But flag this post and refer back to it when we get there. It may serve as the nexus of another strange journey through the Missouri General Assembly.

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1 For more click on the Missouri label and scroll (and scroll) through the backlog of Missouri posts from 2011. It's a long and winding road.

2 Both bills were introduced by Republicans in the Republican-controlled Missouri House. That matters in the future depending on who wins the general election in the fall. If Obama wins reelection, then both parties will have active nomination races in 2016 and Republicans (and Democrats) in the legislature may be motivated to do something about the scheduling of the presidential primary (depending on the rules and penalties from the national parties). However, if Romney wins in November and the Missouri legislature remains in Republican control, then nothing may happen with the primary. Republicans won't necessarily be motivated to tinker with the date of the presidential primary if they don't have a dog in the fight.

Recent Posts:
House-Passed Bill in Virginia to Consolidate Primaries in Presidential Election Years to Be Considered in 2013 in State Senate

Race to 1144: Mid-Atlantic/Northeast Primary

A Few Notes on the RNC Meeting and the 2016 Rules


Are you following FHQ on TwitterGoogle+ and Facebook? Click on the links to join in.

House-Passed Bill in Virginia to Consolidate Primaries in Presidential Election Years to Be Considered in 2013 in State Senate

File this one under "bills that were active in 2012 and may eventually have an impact on 2016". [Were being the operative word.]

The Virginia General Assembly considered during its 2012 legislative session -- back in January and February -- a bill to consolidate its presidential primary and the primaries for state and local offices. The legislation -- HB 55 -- would, for the time being, keep the presidential primary on the first Tuesday in March and primaries for state and local offices in midterm years on the second Tuesday in June. However, the bill would move the presidential year primaries for state and local offices to coincide with the presidential primary.1 The impact statement indicates that the measure would not save the state any substantial amount from a budgetary perspective but would have the "potential" to aid local governments in their efforts in conducting the elections.

HB 55 passed the state House by a nearly 3:1 margin in January and was then referred to the state Senate. While the 2012 session adjourned, the bill will be carried over to the 2013 session where it will then be considered by the Senate Committee on Privileges and Elections.

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The true impact of this is negligible in terms of the presidential primary and Virginia's place on the 2016 presidential primary calendar, but it should be noted that this does potentially alter -- assuming the HB 55 passes and is signed into law in 2013 -- the calculus for those candidates seeking nomination to either chamber of Congress or local offices. What I mean by that is that with the move to hold those primaries concurrently with the presidential primary comes a relative increase in the level of turnout for the primaries for offices other than president. Those candidates who traditionally thrive in low turnout environments will have to adjust to a higher turnout setting. This is more of an issue for those down-ballot races that will also have to deal with ballot roll off anyway.

File this one away though. It is more important in that it fits with another emerging characteristic of primary movement in the 2012 cycle: budgetary constraints of conducting elections. This fits in nicely with other states that consolidated primaries for 2012: Alabama, Arkansas, California, New Jersey and Utah (Republicans).

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1 Virginia election law refers to these primaries as the "primaries for the nomination of candidates for offices to be voted on at the general election date in November". These are primaries more for local offices than state offices. Most of the latter are voted on and nominated in odd year elections. However, the list of offices that would have their primaries shifted up to and earlier date does include members of the Virginia congressional delegation -- both US House and Senate.

Recent Posts:
Race to 1144: Mid-Atlantic/Northeast Primary

A Few Notes on the RNC Meeting and the 2016 Rules

2012 Republican Delegate Allocation: Pennsylvania


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Race to 1144: Mid-Atlantic/Northeast Primary


Source:
Contest Delegates (via contest results and rules, and RNC)
Automatic Delegates (Democratic Convention Watch)

Delegate breakdown
 (post-CT, DE, NY, PA & RI primaries):


Changes since Minnesota and Missouri district conventions (4/21/12):
  • Romney: +150 delegates (New York: +92, Connecticut: +25, Delaware: +17, Rhode Island: +12, Pennsylvania: +3, Virgin Islands: +1)
  • Santorum: +/- 0 delegates 
  • Paul: +4 delegates (Rhode Island: +4)
  • Gingrich: +/- 0 delegates 
Notes:
1) It should be noted that the delegates are difficult to classify in both Nevada and Vermont as both sets of automatic delegates are bound and proportionally allocated with either all of the delegates (Nevada) or with the at-large delegates (Vermont). Those six delegates are in the bound/pledged category in the spreadsheet above but are considered "contest delegates" in the bar chart at the top. It would not be surprising to see those six delegates among those who signed pledges to Romney at the RNC meeting in Scottsdale this past week when and if that list is made public.

2) Mitt Romney swept the delegates in New York (statewide and across all 29 congressional districts), Connecticut (statewide and across all 5 congressional districts) and Delaware.

3) In Rhode Island, Mitt Romney won 63% of the vote and 75% of the total, non-automatic delegates at stake. Ron Paul won 24% of the vote and qualified for delegates by surpassing the 15% threshold for receiving delegates. That netted the Texas congressman 4 delegates; 25% of the total, non-automatic delegates.

4) Pennsylvania is a bit tricky. Though delegates are unbound, some have expressed a presidential preference. The Romney site points to previous endorsements from three delegates directly elected in the primary on Tuesday (see Gerlach, Shuster and English). Additionally, the Ron Paul site has an official list of Pennsylvania delegates that identifies five of the 59 delegates elected on Tuesday are aligned with Paul. The Newt Gingrich site has no such endorsements. However, Gingrich-related sites do have lists of delegates aligned with those candidates. There is also another fabulous thread on another conservative site that breaks this down in even greater detail. The numbers there do jibe well with the Romney, Paul and Gingrich site endorsements. That count -- which FHQ will wait until it is independently verified -- would yield Romney 26 delegates (which counts the four in the spread sheet above), Paul 5, Gingrich 3 and Santorum 2 (or 3). Another 12 or 13 delegates are uncommitted while 10 more are county party-endorsed candidates, former national delegates or alternates or elected officials. That latter group is obviously made up of more establishment/elite figures within the Pennsylvania Republican Party.

5) Mitt Romney has also picked up the lone remaining uncommitted delegate (of two originally) in the Virgin Islands, giving the former Massachusetts governor 8 total delegates in the territory. Thanks to Matthew Wilder Tanner for the link.

6) Two of the unpledged delegates coming out of the Colorado conventions a week ago are Ron Paul supporters. Don't be surprised when and if more of the other 12 unpledged Colorado delegates reveal themselves to be aligned with Paul. If anyone has links to any of these delegates revealing their preferences, please feel free to forward them to me in the comments section.

7)  The allocation of the delegates in Georgia is based on the most recent vote returns published online by the office of the Georgia Secretary of State. The allocation here differs from the RNC allocation in Georgia. The above grants Gingrich one additional delegate (which has been taken from Romney's total). Due to the way the Georgia Republican Party rounds fractional delegates, the FHQ count was off by one delegate (+Romney/-Gingrich). The congressional district count is unaffected (Gingrich 31, Romney, 8 and Santorum 3), but the way the at-large delegates are allocated to Gingrich and Romney -- the only candidates over 20% statewide -- is a bit quirky. Gingrich's portion of the vote would have entitled him to 14.6 delegates and Romney's 8.0. Under Georgia Republican rules, Gingrich is given 14 delegates and Romney 8. That leaves nine delegates unclaimed because the remaining candidates did not clear the 20% threshold. The candidate with the highest "remainder" is awarded the first delegate and the candidates over 20% trade turns until all of those delegates are allocated. Remember, Gingrich did not round up to 15 delegates (14.6), but that 0.6 gives him a larger "remainder" than Romney. The former speaker, then, is allocated the first of nine delegates. With an odd number of delegates leftover, Gingrich would have a fifth turn after Romney's fourth and that would end the allocation of those "extra" delegates. Gingrich would claim five to Romney's four. Of the 31 at-large delegates, Gingrich is allocated 19 and Romney 12. Please note that for winning the statewide vote, Gingrich is allocated the three automatic delegates. That makes the final allocation Gingrich 53, Romney 20 and Santorum 3. The RNC, though, has a different interpretation.

Recent Posts:
A Few Notes on the RNC Meeting and the 2016 Rules

2012 Republican Delegate Allocation: Pennsylvania

2012 Republican Delegate Allocation: Delaware


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