Tuesday, August 27, 2019

Maine Ranked Choice Voting Presidential Primary Bill Revived in Special Session

The Maine legislature convened a brief special session on Monday, August 26 and raised the ranked choice voting presidential primary bill that had carried over from the earlier regular session.

The bill -- LD 1083 -- had become a casualty of the final day of the legislature in June, failing to get one final enacting vote passed in the state Senate. That vote came on Monday and passed along party lines with just one majority party Democrat voting with dissenting Republicans.

Final enacting vote behind it, the bill now moves to Governor Janet Mills (D) for her consideration. She previously in the summer signed legislation into law reestablishing a presidential primary in the Pine Tree state and scheduling it for Super Tuesday.

Just last week, the Democratic Party Rules and Bylaws Committee raised the topic of ranked choice voting in presidential primaries during the DNC summer meeting in San Francisco. And while Maine was cited as a potential ranked choice voting state in the process, the RBC punted on issuing any guidance until any changes were final in state law and state party delegate selection plans had been revised and resubmitted.

There are some questions as to how the process would work in Maine in a presidential nomination context. Unlike in New Hampshire, where ranked choice voting in presidential primaries legislation failed earlier this year, the Maine legislation is less forthcoming about the mechanics of the process. Whereas the proposed New Hampshire system would have shifted the reallocation line to a 15 percent threshold (as opposed to reallocating until one winner is determined), the Maine system does not specifically lay out any instructions over than it should follow the same procedure as any other ranked choice system. That would mean narrowing the list down to one winner.

However, what the bill does do is leave up to the discretion of the state parties the process of delegate allocation and selection. And the standard Democratic threshold of 15 percent remains the mandate from the national party. The Maine Democratic Party delegate selection plan already received a conditional compliance grade from the RBC during its July 30 meeting. Should the ranked choice voting bill be signed into law, though, the plan would have to be revised.

Tip of the cap to @khfan93 for the heads up about the Press-Herald story on the bill's passage cited above.

1/18/19: Maine Lost its Presidential Primary

2/1/19: Maine Decision to Re-Establish a Presidential Primary Option for 2020 Hinges on Money

2/9/19: Maine Committee Hearing Highlights Familiar Divisions in Caucus to Primary Shifts

3/16/19: Alternative Bill Would Reestablish a Presidential Primary in Maine but with Ranked Choice Voting

3/22/19: Maine Committee Hearing Finds Support for and Roadblocks to a Ranked Choice Presidential Primary

3/30/19: Maine Democrats Signal Caucuses in Draft Delegate Selection Plan, but...

4/23/19: New Super Tuesday Presidential Primary Bill Introduced in Maine

5/10/19: Maine Committee Working Session Offers Little Clarity on 2020 Presidential Primary

6/3/19: Maine Senate Advances Super Tuesday Primary Bill

6/4/19: On to the Governor: Maine House Passes Super Tuesday Presidential Primary Bill

6/19/19: Fate of a Reestablished Presidential Primary in Maine Not Clear Entering Final Legislative Day

6/20/19: Governor Mills' Signature Sets Maine Presidential Primary for Super Tuesday

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Thursday, August 8, 2019

Kentucky Republicans Change Presidential Caucus Process

It is not clear yet whether Kentucky Republicans will hold caucuses again in 2020 or revert to the May presidential primary the party has traditionally used for allocating national convention delegates.  FHQ's repeated attempts to contact the party were either ignored or turned away.

In any event, there are some tea leaves to read that point in the direction of the Republican Party of Kentucky (RPK) using the caucus/convention format again in 2020. For starters, the party adopted rules changes to the caucus section of the RPK's rules added in 2015. Back at the June 15 meeting of the RPK state central committee the rules were changed for 2020. The party not only changed the date of the contest, but altered the method of delegate allocation as well. And the former made the latter possible. First, the date of the caucuses was moved back on the calendar from the first Saturday in March. In 2020, if Republicans in the Bluegrass state hold caucuses, the event will fall on the third Saturday in March.

That new position on the calendar allowed the party to then trade out the proportional allocation method used in 2016 for a winner-take-all method in the current cycle. Under Republican National Committee rules, no contest before March 15 can allocated delegates in a winner-take-all fashion without having a winner-take-all threshold (no less than 50 percent of the vote) in place. RPK skipped that, opting for a later date -- March 21 -- and a true winner-take-all plan with no trigger.

Those would be inconsequential rules changes if the RPK ultimately decided to use the May state-run presidential primary for allocating delegates instead. Why go to the trouble? That does not confirm that Republicans in Kentucky will use the caucuses again, but it certainly points in that direction.

It should additionally be noted that in 2015 when the party added the caucuses language to the party rules, that August state central committee meeting was the setting in which the decision to use the caucuses for delegate allocation in 2016 was made as well. Now, whether that same protocol was utilized at the June 2019 meeting is unclear. But if the pattern in 2015 was the same in 2019, then the party will be using a winner-take-all caucus on March 21 of next year.

Kentucky, then, potentially fits the pattern of state parties making rules changes that might benefit the president's renomination outlook.

FHQ will add the new date of the Kentucky Republican caucuses to the 2020 presidential primary calendar, but with an asterisk until the move is confirmed with the party.

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Wednesday, August 7, 2019

An Early and Tentative Look at Democratic Bonus Delegates for 2020

NOTE: Click here for the final breakdown of delegates by category for each state.

Now that the 2020 Democratic presidential primary calendar is all but complete, one can begin to assess which states are definitively eligible for bonus delegates. Under the rules of the Democratic nomination process, there are two ways in which a state party can be awarded delegates in addition to those apportioned it by the DNC formula. One is based on timing and the other on the clustering of contiguous primaries and/or caucuses.

Timing bonus
The timing bonus stems from the manner in which the Democratic National Committee partitions the primary calendar. Stage I encompasses the February carve-out contests plus those scheduled in the month of March. None of the states that fall into this earliest calendar category are eligible for any additional delegates.

However, the next two (of three) stages are. Any contest scheduled during the month of April falls into Stage II and is awarded an extra 10 percent bonus. That 10 percent is calculated using the base delegation, the output of the DNC apportionment formula before the 15 percent "add-on" delegates or PLEOs (party leader and elected officials) are tacked on to the pledged delegate total.1 That is really just a longer way of saying that any bonus is calculated as a percentage of a state's district and at-large delegates combined.

Finally, the last section of the calendar -- Stage III -- includes any contest that falls in either May or the earliest part of June. Those state parties see a 20 percent bonus added to their base delegations.

Clustering bonus
The other bonus added in 2010 for the 2012 cycle gives incentive to states that form regional or subregional primaries later in the calendar. Any state with a contest clustered with contests in at least two other neighboring states are eligible for a 15 percent bonus added to their base delegations. But only states with regional or subregional clusters on or later than the fourth Tuesday in March can be awarded that bonus. There is, then, a timing element to this bonus as well. And what that ultimately means is that unless a cluster wedges into a spot in the last week or so of March, then all other clustering states are eligible for more than one bonus. An April cluster would mean a 15 percent bump plus a 10 percent timing increase. And any cluster in May or later would qualify for a 20 percent timing bonus plus the 15 percent clustering increase that totals to a 35 percent increase to a state's base delegation.

Early and Tentative 2020 bonus delegates
Again, with the 2020 primary calendar near completion, one can map out how many bonus delegates there will be and in which states that will end up. Yes, the dates of the primaries in New York and Washington, DC are unsettled at this time, but are very likely to end up on April 28 and June 2, respectively. If one assumes both end up on those dates then each would be among the 24 states and territories in the 2020 cycle to qualify for bonus delegates. That total is down from 28 bonus-qualifying states in 2016. Arizona2, California, Idaho, North Dakota, Puerto Rico and Utah all lost bonuses by moving up and/or opting into (earlier) primaries rather than (later) caucuses. And Louisiana and Kansas both gained bonuses by shifting their contests to later and bonus-eligible dates for 2020.

What appears below is a detailed table of how many delegates have been apportioned by the DNC to each of the 57 states and territories with contests. The pledged delegates, broken into their various categories, appear in Duke blue, the automatic delegates (superdelegates) are shaded in Carolina blue.   And a tentative tally of bonus delegates also appears (where applicable) in shades of green. The darker the shade of green, the greater the bonus calculated from and tacked onto the base delegation total.

Now, again, this is apt to change some based on any further but unforeseen changes to the calendar. However, given the current (likely) calendar, there would be 211 bonus delegates awarded across the 24 eligible states. Nearly a quarter of them are apportioned to New York alone, a beneficiary of not only a timing bonus should the primary in the Empire state wind up on April 28, but a clustering bonus as well. Pennsylvania also benefits from that double bonus. Together, Pennsylvania and New York represent nearly 40 percent of the total bonus delegates apportioned. In fact, the entire six state Acela primary cluster on April 28 accounts for over half of all of the likely bonus delegates, all benefiting from a double bonus (25 percent in total).

Practically speaking, the addition of any bonus delegates adds to the total number of pledged delegates and total delegates. And that, in turn, means that the number of delegates needed for any candidate to win the nomination increases as well. The pledged total would rise to 3979 delegates, meaning that a candidate would need 1990 pledged delegates to win the nomination on a first ballot vote conducted without superdelegates.

In the event that the nomination process goes beyond the first ballot, a candidate would need a higher total number of delegates, including the superdelegates, to win the nomination. The overall total, including bonus delegates, would increase to 4745 delegates.3 As a result the magic number to clinch the Democratic nomination on a second or subsequent ballot would increase to 2373 delegates. A candidate can also enter the convention with that number of or more delegates and win the nomination on a first ballot vote that includes superdelegates.

How might these bonus delegate totals change in the coming months?
Unless the calendar undergoes a late and unforeseen change, then the above is likely what the final bonus delegate and pledged delegate totals will look like. Should the New York bill moving the primary there to April not be signed into law, for example, then New York Democrats would lose their 49 bonus delegates and the overall bonus delegate total would decrease.4 That would alter not only the bonus total but the overall total.

Barring those sorts of late cycle moves, however, the bonus delegate total is as close to locked at it can be. By extension, that means that the pledged total is unlikely to change as well, and thus the 1990 delegate magic number is fairly close to accurate.

Where things remain in flux is within the superdelegate total. The secretary of the DNC does not have to confirm that total (for each state) to state parties until March 6, 2020. Most of likely changes on this front will take place during the fall 2019 gubernatorial elections and any special elections to Congress, and then, the changes are only likely to be pretty minimal.

[MORE: How the magic number may be more fluid in 2020 than it has in past years.]

How are bonus delegates apportioned to eligible states?
Here it may be useful to refer back to the table above. At the bottom is a tab called "Bonus Distribution". If one clicks on that, then one can see where the bonus delegates are distributed in a state's total. Alaska, for example, would gain one bonus delegate, and that extra delegate ends up filtering into the district delegate total.


Here, things get a bit more complicated. First, a state's base delegation is made up of district and at-large delegates. By rule, 75 percent of that base delegation should be district delegates with the remaining 25 percent reserved for at-large delegates.

Adding bonus delegates to the base delegation total potentially alters that balance. Bonus delegates cannot all, then, be added to the at-large delegate pool (the allocation of which is determined by statewide results). The method the DNC uses is not to lump at-large, district and bonus delegates into a pool and recalculate a new 75/25 district-to-at-large balance. Rather, the DNC leaves the originally calculated at-large and district pools alone and calculates a 75/25 split of any bonus delegates for which a state may be eligible. The 75 percent portion is then added to the existing district delegate total and the remaining part to the at-large total.

The only places where this process breaks down to some degree are, first, when the resulting apportionment of bonus delegates to each of the two pools ends with a remainder of .5. Both sides of the calculation cannot round up, otherwise an additional delegate is added to a state's total. In those cases, the district bonus segment is rounded up and the at-large bonus segment rounds down.

Small delegations and bonuses are also potentially problematic. In the case of delegations so small as to only warrant one bonus delegate, that delegate would always mathematically end up in the district total. However, in cases like Alaska and Wyoming -- where just one bonus delegate is apportioned -- that one bonus delegate filters into the at-large pool.

The resulting bonus delegate distribution for 2020 is weighted slightly more toward the at-large side. 26.5 percent of the bonus delegates are collectively apportioned to at-large pool, more than the 25 percent goal. Of course, that is based on the aggregated totals (155 district bonus delegates and 56 at-large bonus delegates). The distribution relative to the balance called for in the rules differs from state to state and is also closer to 75/25 when considering the overall pools of district and at-large delegates (with bonus delegates added).

In the end, all this really means is that a marginal number of delegates winds up in that overall at-large pool that is allocated based on statewide results.

1 PLEOs are distinct from superdelegates. Before 2012, both were in the same unplugged category. But upon the recommendation of the Democratic Change Commission to reduce the number of superdelegates, the DNC adopted rules changes in 2010 for the 2012 cycle. That change shifted those add-on/PLEO delegates from unpledged into the pledged category.

2 There was no purposeful move of the Arizona primary for the 2020 cycle. However, the language describing where the primary falls on the calendar, while advantageous in 2016, is not for 2020. The primary is scheduled for the Tuesday immediately after March 15. In 2016, that date was the fourth Tuesday in March and qualified Arizona Democrats for a clustering bonus (along with Idaho and Utah). That Tuesday in 2020 is on March 17, too early to be eligible for a clustering bonus (even if Arizona had not lost its 2016 partners for 2020).

3 The DNC total for superdelegates does not seemingly include the Democratic governor of the Virgin Islands. That addition is reflected in the superdelegate and overall totals in the table above.

4 That would also mean that New York would have a February primary and, by rule, lose half their delegates. Typically, a penalty like that is meted out during primary season but restored for the convention. But it is an open question as to whether the DNC through the Rules and Bylaws Committee would restore any penalized delegates in a scenario where there is no presumptive nominee heading into the convention. All state-level delegate selection processes are to be completed no later than June 20, 2020. After that point, the secretary of the DNC would confirm the total number of delegates of all of the candidates, determining the likely parameters of the first ballot vote: with or without superdelegates. But things would have to be pretty close for a penalized total of 112 delegates from New York to make the difference.

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Sunday, August 4, 2019

Puerto Rico Democratic Primary Shifts to March 29

Among his last acts before officially resigning his post, Puerto Rico Governor Ricardo Rossell√≥ signed into law legislation -- S 1323 -- moving the Democratic primary in the territory up ten weeks from the first Sunday in June to the last Sunday in March.

Rosselló said in a press release:
“This legislative measure provides the opportunity to put Puerto Rico on the radar of potential presidential candidates in the Democratic Party. The candidates will not only pay attention to Puerto Rico but will have to clearly stipulate their positions regarding the issues that affect the island. In changing the date to the month of March, we can engage candidates directly on the political and economic inequality that Puerto Rico goes through."
While the change may increase the odds that more attention is paid to the Puerto Rico primary (and the issues important to island residents), that is not a guarantee on a date that late in March, after Super Tuesday and after more than two-thirds of the Democratic delegates will have been allocated. And any attention gained comes at a cost of the nine bonus delegates the party would have been eligible for in the June position, bonus delegates the party has had over the last several cycles.

Notes on that NBC report on the primary date change linked above:
1) It states that Puerto Rico joins California and Texas on Super Tuesday. It does not. The Puerto Rico Democratic primary will fall nearly a month later on the calendar.

2) Let's talk briefly about the date of the Republican presidential primary in Puerto Rico for 2020. The NBC article suggests that the primary for Republicans on the island will occur on March 8. It may. But that is not exactly what the Compulsory Presidential Primary Act that S 1323 just altered for the Democratic Party indicates. It explicitly schedules the Republican presidential primary for the last Sunday in February unless that date conflicts with the New Hampshire primary. The last Sunday in February in 2020 is February 23, a date nearly two weeks after the New Hampshire primary. There is no conflict, not with New Hampshire anyway.

Now, there is a conflict between that last Sunday in February date and Republican National Committee rules prohibiting February primaries and caucuses other than in the four carve-out states. But that particular conflict (and any resulting contingency) is not laid out in the Puerto Rico statute and thus the primary would not be shifted back to the first Sunday in March (which technically would be March 1 and still non-compliant).

The catch in this whole discussion is that it is moot. While there are instructions on when to schedule the Republican presidential primary in the aforementioned statute, the Republican Party in Puerto Rico ignores that in favor of another section of the election code and cited it in their Rule 16(f) filing with the RNC in 2015. That section -- Chapter 407, Section 4119 -- reads:
In the case of primaries for candidates who seek nomination in their political party for election to the office of President of the United States of America, the same may be held on any date after the first Tuesday of February of the General Election year, and up to June fifteenth (15th) of that same year, as determined by the local body of the party, as appropriate.
In other words, the statute gives the Republican Party in the territory wide latitude in setting the date of the primary, wide enough to include all of February and the first few days of March that are not compliant under the national party rules. But anything from the first Tuesday in March through June 15 is available to Puerto Rico Republicans. The party may yet settle on March 8 as the article indicates. Alternatively, Republicans on the island could opt to hold their contest on March 29, aligned with the Democratic contest in an effort to cut down on the expenditures for two primary elections. But the point is that it is an open question at this time as to when the Puerto Rico Republican presidential primary will fall in 2020. An answer to that question will become clearer as the October 1 deadline for state parties to submit their delegate selection plans to the RNC.

3) Finally, the California primary was not moved in December of 2018 as mentioned in the NBC piece. The bill moving the primary in the Golden state from the first Tuesday after the first Monday in June to the first Tuesday after the first Monday in March was signed into law in September 2017, well before the end of 2018.

The Puerto Rico Democratic Party primary date change has been added to the 2020 FHQ presidential primary calendar.

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Saturday, August 3, 2019

Nevada Republicans to Consider Resolution to Skip 2020 Caucuses for Allocating Delegates

At the upcoming September 7 meeting of the Nevada Republican Party state central committee, the party will consider a series of resolutions to forgo a presidential preference vote at precinct caucuses next February. In their place would be what the NRP is calling an Alternative Presidential Preference Poll, a vote not of rank and file Nevada Republicans statewide, but of the membership of the Nevada Republican Party state central committee.

Here is how it would work:
1) The Executive Committee, the smaller subset of the central committee, would determine "that a statewide presidential poll is unnecessary to determine the will of the majority of registered Nevada Republican voters," opting instead for the aforementioned Alternative Poll of the full central committee.  
2) This maneuver can only be used in cycles in which there is an incumbent Republican president.  
3) That incumbent president would automatically be placed in nomination as a candidate in the Alternative Poll.  
4) Other candidates can additionally file a nomination form with the party to be placed in nomination in the Alternative Poll as well. Those challenging candidates must include on that form the signatures of 20 members of the central committee.  
5) The members of the central committee then vote for that candidate (/those candidates) under rules established by the Executive Committee. 
While other candidates technically have access to the process, functionally someone like Bill Weld or Mark Sanford (or whomever) faces a steep climb in convincing 20 central committee members to give them that chance. That, in turn, means that President Trump is not only very likely to be the only candidate involved in that Alternative Poll, but also stands to have all of the Nevada delegation bound to him at the Republican National Convention in Charlotte.

Now, this may raise a few rules-related questions for some.
1) Can Nevada Republicans actually strip out the presidential preference vote from their precinct caucuses and still remain compliant under Republican National Committee rules.
Yes. In fact, Kansas Republicans are considering a similar shift in their delegate selection process. Under Rule 16(d)(1) of the 2016 Rules of the Republican Party -- the rules adopted by the 2016 convention to guide the 2020 process -- state parties have the discretion to select, elect and/or allocate delegates via state central committee action. 
2) But this sounds like a move by the party to allocate all of its delegates to the president, and winner-take-all allocation is prohibited before March 15, right?
This one involves a bit of a convoluted response. First of all, other than South Carolina, whose plan includes a winner-take-all by congressional district (winner-take-most) allocation scheme, no party with a contest prior to March 15 can allocate delegates in a winner-take-all fashion without also included some sort of qualifying threshold and/or winner-take-all threshold. The former can be set as high as 20 percent and the latter as low as 50 percent. There is nothing in any of these resolutions to alter the proportional manner in which Nevada Republicans allocate delegates. In fact, that proportional method is cited in the Alternative Poll's establishing resolution. 
But if Trump is the only candidate considered in the Alternative Poll, then he is the only candidate who can win a proportional share of the Nevada delegates.1 That would make for a winner-take-all allocation. That is true, but highlights the importance of 1) the Executive Committee's estimation that the statewide preference vote at the precinct caucuses is not necessary, and 2) the fact that other candidates technically have access to the Alternative Poll and thus a proportional share of any delegates for which such a candidate would qualify. The result is that while the end result is likely a winner-take-all allocation, there are ways for others to win delegates. The bar may be set high, but there is a bar. 
And according to the Associated Press:
The Nevada Republican Party’s proposes [sic] rule change “isn’t about any kind of conspiracy theory about protecting the president,” said Nevada GOP spokesman Keith Schipper. 
“He’s going to be the nominee,” Schipper said. “This is about protecting resources to make sure that the president wins in Nevada and that Republicans up and down the ballot win in 2020.”
This is akin to the resources arguments Kansas Republicans have made about skipping their caucuses as well, but in the Nevada Republican case, the precinct caucuses would still occur on February 25. There just would not be a preference vote to bind delegates to the candidates. Instead, the caucuses/convention process would be utilized as the means through which delegates would be selected. The delegation may have already been allocated to Trump by then, even as early as the September 7 Nevada Republican state central committee meeting.

As a postscript, it is noteworthy how differently the Republican parties in each of the four carve-out states have approached 2020. Iowa Republicans have remained steadfast that they will have a preference vote tethered to the February caucuses in the Hawkeye state. Republicans in New Hampshire considered but opted against bringing a resolution ending a party neutrality rule and endorsing as a party the president for renomination ahead of the primary in the Granite state. Meanwhile, South Carolina Republicans have also considered scaling down their operations for 2020, potentially shifting from a primary to a caucus. None of this state party maneuvering is confined to just the carve-out states, but they are the most consequential at the beginning of the process. Other state Republican parties across the country will finalize decisions on their 2020 delegate selection processes as the October 1 RNC deadline to finalize plans approaches. It will not just be Nevada Republicans who are active on this front in September.

1 And although it is not spelled out in the resolution, it is assumed that delegates could only be allocated as uncommitted if 20 members of the central committee filed that paperwork with the party secretary that other candidates would have to file.

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Thursday, August 1, 2019

Guam Democratic Delegate Selection Plan Sets Territorial Caucuses for May 2

An August 1 press release from the Democratic Party of Guam announced the party's delegate selection plan for the 2020 presidential nomination cycle.

The document details Guam Democrats plans for May 2 caucuses (coinciding with the party-run primary in Kansas). Timing the contest at that point on the calendar -- the same first Saturday in May date the party used in 2016 -- will qualify the Guam Democratic delegation to the Democratic National Convention for a stage III timing bonus that will increase the delegation by one at-large delegate from six base delegates to a total of seven.

Those seven delegates will be allocated under DNC rules to the candidates who receive 15 percent or more of the vote in the May 2 caucuses.

Rounding out the Guam Democratic delegation are an additional six automatic delegates (superdelegates): the four DNC members from the territory (party chair, party vice chair, national committeeman and national committeewoman), the Guam Democratic delegate to Congress and the Democratic Guam governor.

The Guam Democratic Party caucuses have been added to the 2020 FHQ presidential primary calendar.

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