Thursday, December 21, 2023

Colorado Republicans Eyeing a Primary Switch? ...and more

Leading the day at FHQ...

The Colorado Supreme Court decision to remove Donald Trump from the presidential primary ballot in the state has the state Republican Party exploring a late shift from a primary to a caucus. But that process is more complicated than simply declaring the change. More in a gift article at FHQ Plus.


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In the continuing state-by-state series on delegate allocation rules, FHQ examines changes for 2024 in...
  • The US Virgin Islands: Republicans in the territory pushed the limits of the RNC rules in putting together a delegate selection plan for this cycle. ...and paid a price for it.
  • South Carolina: Meanwhile in the Palmetto state, Republicans are back to business as usual in a competitive presidential nomination cycle. But there are some interesting tweaks to an allocation system that has been a model of consistency for much of the post-reform era. 


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See more on our political/electoral consulting venture at FHQ Strategies. 

Wednesday, November 15, 2023

There is a central tension point in the New Hampshire presidential primary situation, but this still isn't it.

Updated (2:15pm, Wednesday, November 15):


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Original post:
It is primary date announcement day in New Hampshire.

Later today, Secretary of State David Scanlan will follow his statutorily-defined role and officially schedule next year's presidential presidential primary in the Granite state. It will answer the question of when the contest will occur on the 2024 presidential primary calendar, but that action will do little to change what has been clear for some time: New Hampshire will have an early contest and it will conflict with Democratic National Committee (DNC) rules for this cycle. 

But again, that has been clear for a while now. Republicans control the levers of power in the state and balked at making any changes to business as usual in terms of how the primary date gets decided every four years. That left in place a law that requires Secretary Scanlan to schedule the primary at least seven days before any other similar election. And Scanlan has maintained for nearly a year now that he intended to follow state law. Unless he takes issue with something in the Iowa Republican Party plans for 2024, then the primary will most likely land on January 23. [In none of Scanlan's comments since Iowa's Republican Party scheduled the caucuses there has he indicated that there is anything problematic.]

None of what will happen today, much less much of what has happened (or not happened) in New Hampshire state government this year has much of anything to do with the DNC calendar changes for the 2024 cycle. Well, they have not had much to do with it for months anyway

That is not where the tension is. That is not where the tension has been. But that did not stop NPR from pointing the finger in the wrong direction in a story about the announcement today. No, instead Josh Rogers gives us New Hampshire is expected to set a primary date that will buck Biden's preference.

Just to reiterate: All of that -- New Hampshire Secretary of State Scanlan not going along with Biden and the DNC's calendar design for 2024 -- has been a known known for most of 2023. And that has not been where the tension has been in this first-in-the-nation ordeal. Instead, that tension lies where it has been: in an intra-party dispute on the Democratic side between the national party and the New Hampshire Democratic Party. 

Look, FHQ realizes that New Hampshire Democrats are not going to budge on this. They just aren't. But the decision makers in the state party have and have had the power to defuse this situation all along. All they had to do -- all they have to do -- is plan for a party-run process that complies with national party rules and not go along with a rogue primary and primary date. Yes, that far easier said than done. There are political pressures that those same decision makers face from the rank-and-file members of the state party. And that is all well and good.

However, that is where the tension is in all of this. It is not and has not been between the DNC and Scanlan or Biden and Scanlan. And stories that are inevitably going to pursue that angle in the wake of the secretary's decision today are barking up the wrong tree. They just are. Today's announcement is meaningful in that it will answer the question of when the primary will be. It is an early contest in the process and that is important. 

But disputes with the DNC? That is all about the New Hampshire Democratic Party opting into a contest that the secretary of state sets, not the secretary himself or the action he is on the verge of taking. And the NPR piece is another in a long line of them that fails to note that. 

This is a fact that will become more and more prominent in the context of the Democratic calendar standoff as it will now move into the consideration of penalties phase. And the DNC Rules and Bylaws Committee has already given strong indications about where that is headed


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Over at FHQ Plus...






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See more on our political/electoral consulting venture at FHQ Strategies. 

Thursday, October 26, 2023

Which couple of states?

Invisible Primary: Visible -- Thoughts on the invisible primary and links to the goings on of the moment as 2024 approaches...

First, over at FHQ Plus...
  • The Biden campaign officially informing Democrats in New Hampshire that he would not file to appear on the presidential primary ballot brought out all usual points in the stories about the national party's standoff with decision makers in the Granite state. ...and all the usual omissionsAll the details at FHQ Plus.
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In Invisible Primary: Visible today...
Leave it to FHQ to locate and respond to something buried deep in a piece on Biden and New Hampshire. Well, in truth, that is where the primary calendar stuff usually gets tucked away. And Steven Porter's recent article at The Boston Globe saved the intrigue for the final line of a story about New Hampshire Secretary of State David Scanlan's reaction to Biden skipping out on the primary there: 
"Scanlan said he’s not quite ready to announce the date of the 2024 primary. He’s still keeping an eye on a couple of states to make sure they don’t try to jump ahead."
But which "couple of states?"

There are not a lot of states with legislatures currently in session. And fewer are actually looking at moving presidential primaries around. None of those efforts are particularly active at this late date. So it is unlikely that Scanlan is eyeing any state with a state-run process, a primary that would definitively conflict with the oft-discussed first-in-the-nation presidential primary law in New Hampshire. 

All that leaves are some question marks in states that project to have party-run processes in 2024, party-run processes that will not necessarily trigger any action from Scanlan in Concord. What is missing on that front are answers to where contests in Alaska, Wyoming and four of the five territories will end up in the order. [Ahem.] Let's go ahead and scratch the territories from the list. Call them what one will. Primary or caucus. It really does not matter. Those contests will be party-run and in locales far away from both New Hampshire and where the candidates are likely to be next January. And there just are not a lot of delegates at stake.1 

It would appear, then, that Scanlan is referring to the uncertainty surrounding the dates of the Republican delegate selection events in Alaska and Wyoming. But a caucus, which is how Republicans in those states have typically chosen to select and allocate delegates, is not a primary. 

Now, it used to be that the distinction from the New Hampshire perspective as to defining a "similar election" was not primary or caucus -- even if that became the shorthand -- but rather, whether the threatening contest allocated delegates or not. That was the line that former New Hampshire Secretary of State Bill Gardner drew. Iowa's caucuses were always in the clear because neither Democratic nor Republican caucuses in the Hawkeye state allocated (bound) delegates to the national convention. 

Even that line got blurred in recent years. Wyoming Republicans jumped the New Hampshire primary in 2008 and stayed there on January 5, three days before the primary in the Granite state. And those caucuses allocated some but not all of Wyoming's Republican delegates that cycle. Actions in Iowa in recent cycles also helped to further muddle things. In 2016, Republicans in Iowa bound delegates to candidates for the first time in response to changes in Republican National Committee rules, and a cycle later Hawkeye state Democrats reported more than just state delegate equivalents on caucus night which more clearly bound delegates to particular candidates. In neither case did Bill Gardner opt to leapfrog Iowa. 

So what Scanlan is waiting on is probably not that. The hold up with Alaska and Wyoming Republicans is twofold. Yes, it is the when. When will the contest occur. But it is also the how. How will those parties conduct their processes. That may have something to do with what the parties in Alaska and Wyoming call their delegate selection events -- primary or caucus -- but it may have more to do with whether they include a mail-in option or something else that makes the processes more "primary-like" in Scanlan's eye.

But if past cycles are any indication, then Alaska Republicans will likely land on Super Tuesday and Wyoming Republicans will claim a spot some time in March. And it would not be a total surprise if both end up on March 2, the weekend before Super Tuesday. 

All of this is to say that it still looks very much like New Hampshire will be scheduled for January 23. Scanlan may not officially make that decision, but it is pretty safe to continue to assume that that is the date. The secretary has some time anyway before settling on a date. And it is always better safe than sorry in the Granite state. 



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From around the invisible primary...


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1 Now, Puerto Rico does offer more delegates than New Hampshire, but Republicans there would cede all but nine of them to penalties in order to challenge the Granite state on the calendar. There are also some quirks that do make the Puerto Rico Republican process a bit of a wild card, but it is not that wild. There is uncertainty as to what the date of the contest there may be, but it very likely will not fall on any date before March.



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See more on our political/electoral consulting venture at FHQ Strategies. 

Tuesday, October 24, 2023

Why DeSantis Attacks Haley

Invisible Primary: Visible -- Thoughts on the invisible primary and links to the goings on of the moment as 2024 approaches...

First, over at FHQ Plus...
  • Some Missouri Republicans keep advancing a bogus rationale to justify the 2022 elimination of the presidential primary in the Show-Me state. And FHQ keeps getting irritated by it. Venting... All the details at FHQ Plus.
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In Invisible Primary: Visible today...
On its surface, the latest fusillade from DeSantis-affiliated super PAC Never Back Down against Nikki Haley seems to fit into the now-conventional narrative of a fight for second place in the Republican presidential nomination race behind former President Donald Trump. 

It comes from a branch of the consolidation theory of the race. That, if only the race narrowed to Trump and an alternative, then that alternative, whomever he or she may be, could finally overtake Trump. Mathematically, that makes some sense. Some sense, but it has made less and less sense over time as Trump has expanded his lead in the polls nationally and on the state level. After all, if Trump is pulling in more than a half of support in surveys, much less votes during primary season next year, then it is going to take more than just a one-on-one with the former president for an alternative topple him. It is going to take something else. In other words, it continues to be consolidation theory but with a side of magical thinking. 

However, the DeSantis case is a bit different than it may be for other would-be second placers. And the explanation may be simpler for why the Florida governor and company are going after Haley (and putting off focusing on Trump for a hypothetical one-on-one). And it has everything to do with the trajectory of the DeSantis campaign. It is not so much that DeSantis has lost or is about to cede second place to Haley. Rather, it is about how he has lost second place (if he has lost it). As DeSantis' fortunes have declined, it is Trump who has gained the most. And one does not win back former supporters who have drifted over into the Trump column by attacking Trump. 

The campaign may not win them back by fighting Nikki Haley either. But overall, the move stands less a chance of success by directly taking on Trump now.1 

That said, this is another case of Trump benefiting from opposing campaigns putting off the inevitable. Short-term motivations outweigh long-term considerations.


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From around the invisible primary...
  • Iowa focus: DeSantis has some company in the "all in in Iowa" category. The campaign of South Carolina Senator Tim Scott has now also begun to redirect money and staff to the first-in-the-nation caucuses in the Hawkeye state. 
  • Debates: Former New Jersey Governor Chris Christie's campaign has indicated that he has qualified for the November 8 debate in Miami. North Dakota Governor Doug Burgum has met the donor threshold, but continues to fall short of the polling criteria. 
  • New Hampshire entrants: Both Donald Trump and Mike Pence filed in Concord on Monday to appear on ballot in the as yet unscheduled primary in the Granite state.
  • Quiet winnowing: If a candidate is winnowed from the field and no one is there to see it, has that candidate really been winnowed? FHQ does not know. What is known is that businessman Perry Johnson has suspended his presidential campaign. Yeah, that is winnowing.
  • Staff primary: Staffers in the Florida governor's office keep leaving their jobs and finding their way into roles with the DeSantis campaign
  • Blast from the past: Trump's expanded lead has made this a bit less of a thing, but calibrating Trump 2024 to Trump 2020 and/or Trump 2016 is still a thing if attempting to assess where his current campaign is now. Tending the grassroots in New Hampshire in 2023 appears to be ahead of where it was in 2015. But support is not nearly as consolidated behind him as it was in 2019.
  • Consolidation theory, South Carolina edition: The editorial board at the Charleston Post & Courier called on hometown candidate Tim Scott to withdraw and clear the way for Nikki Haley to challenge Trump in the state and nomination race.

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1 Note also that DeSantis has upped the attacks on Trump lately. But the overall effort is not exclusively homed in on Trump.


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Friday, October 20, 2023

There is no path to the Democratic nomination that goes through New Hampshire

Invisible Primary: Visible -- Thoughts on the invisible primary and links to the goings on of the moment as 2024 approaches...

First, over at FHQ Plus...
  • The Democratic presidential field may expand to include another candidate with a New Hampshire focus, but the story for Democrats in Granite state is not finished. The impasse between the state party and the DNC continues over the primary and there are a few ways forward in the fight from here. All the details at FHQ Plus.
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In Invisible Primary: Visible today...
There is no path to the Democratic presidential nomination that goes through the New Hampshire primary in 2024. And any wrong-turn detour that works its way across the Granite state is highly unlikely to embarrass the president and alter the outcome.

So why are the handful of D-listers trying their hands at challenging President Joe Biden trekking to New Hampshire (or keeping the phone lines to well-positioned Democrats in the state warm)?

Mainly, it is because it is the only play they have got. But that did not prevent Politico from trotting out the well-worn embarrassment angle in their latest on the rising Phillips 2024 campaign:
Should Phillips go through with announcing, he will need to quickly get himself on the ballot in key states. He’s already missed the deadline to appear on the ballot in Nevada, the second presidential nominating state for Democrats. South Carolina, the first nominating state in the new calendar, has a balloting deadline of Nov. 10. 
But Phillips may opt to skip the new calendar, focusing instead on New Hampshire, which is expected to hold its own unsanctioned primary after losing its first-in-the-nation status. A strong showing there would not net Phillips substantial delegates but it could prove a major embarrassment for Biden.
FHQ has discussed this before, so I will not rehash it all for the umpteenth time. But the gist is this: Biden will not be on the New Hampshire primary ballot when the unsanctioned contest is held (likely) on January 23. One cannot be embarrassed if one is not on the ballot. And how would one measure a "strong showing" under those circumstances? Winning? It would have to be winning because losing to an unorganized write-in for Biden would be embarrassing for the competition (not to mention New Hampshire Democrats) and not the president. 

Fine, but there is an organized write-in effort, right? 

Sure, there is that. But even the write-in campaign is being put together by folks who are openly mad at the president for advocating for the early calendar change. In other words, there are people working against a random candidate winning and further embarrassing New Hampshire Democrats. And that is not an environment in which it is any easier to score a "strong showing" by the competition. All sides are disadvantaged and not in the same ways. No, that will not stop some from trying to score the outcome, but the bottom line is that non-Bidens are fighting for a "strong showing" in a beauty contest primary with no delegates on the line. 

That is a springboard to what? A collapsing Biden candidacy? A subsequent meteoric rise for the winner? Both? The entry of new candidates? 

The goals in this are very strange. But again, there just are not that many openings in the process for prospective candidates not named Biden. If there were, then the field would have expanded long ago. But it has not.




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From around the invisible primary...


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Wednesday, October 18, 2023

It is tough to move the Pennsylvania presidential primary

Invisible Primary: Visible -- Thoughts on the invisible primary and links to the goings on of the moment as 2024 approaches...

First, over at FHQ Plus...
  • The DNC has quietly had a pretty interesting conversation about ranked choice voting in the presidential nomination process this cycle. Not much is going to change on the surface for 2024 -- RCV will have the same basic footprint as in 2020 -- but there have been some important changes under the hood that bring the practice more in line with DNC rules. All the details at FHQ Plus.
  • I included the wrong link to the DNCRBC meeting recap yesterday. You can find that deep dive here if you missed it.
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In Invisible Primary: Visible today...
Despite a flurry of legislative activity over the last month and a half, an inter-chamber impasse played a role in derailing the effort to shift the presidential primary in the Keystone state up to an earlier and potentially more influential date. 

It is not a new story. It is not even really a partisan story. Yes, Republicans control the Pennsylvania state Senate and Democrats have the narrowest of majorities in the lower chamber. However, Democrats in the Senate largely supported the effort to move the primary from the fourth Tuesday in April to the third Tuesday in March (March 19). House Democrats countered with a bill that would have shifted the primary to April 2, in line with primaries in several other regional/neighboring states.

But part of the impetus behind the change in the first place was to fix the conflict the presidential primary had with the observance of Passover. The Senate version did that and the House version did too. However, the latter legislation would have had the primary butting up against Easter weekend. And as consideration of the primary move stretched into the fall, election administrators across Pennsylvania got antsy about their preparations for the next election cycle after the current one ends. And that does not even mention some of the other elections-related riders that made it into the House-amended version of the Senate bill when it originally came before the body earlier in October. 

Basically, the effort got mired in the legislative process. And even though the House struck the entirety of the previous version of the Senate-passed bill, replacing it with only one provision calling for the primary to shift up a week to April 16 to clear the Passover conflict (and passing it), the Senate does not seem inclined to take up the measure. 


Look, there was a lot involved in this Pennsylvania process this year. There is not just one explanation for why the primary in the commonwealth will once again be scheduled for the fourth Tuesday in April. But it is worth noting that Pennsylvania has nearly always held down that position on the presidential primary calendar. Only twice has the primary strayed from that spot. And both the 1984 and 2000 primaries were only marginally earlier in April. 

Why? 

Unlike other states in the immediate aftermath of the Democratic Party rules changes that ushered in reforms to the nomination system, the reaction in Pennsylvania was more muted. Ahead of 1972, the state already had a primary well-enough in advance of a summer national convention. In other words, a presidential primary to allocate and select delegates could easily be consolidated with that spring primary. And it was. 

But in other states, especially those with late summer and early fall primaries for other offices, that was not an option. Decision makers in those states had to either uproot that primary and schedule it alongside a new presidential primary or create and fund a separate presidential primary election. Many took the latter route and normalized the expenditure in the state budget. 

Back in Pennsylvania, the consolidated primary left decision makers there in much the same dilemma as those early post-reform actors in other states anytime a push to reschedule the presidential primary in the Keystone state arose. Only, more often than not, the thinking in Pennsylvania was not to create and fund a separate election but to move everything up to an earlier date, dates that would place the filing process in the previous year and conflict with the conclusion of the previous off-year elections. 

That is why Pennsylvania barely moved the two times since 1972 that the primary date has been changed. That, in turn, has meant that a separate primary never got normalized nor did the practice of revisiting the date on a regular basis. Very simply, the concept was foreign to legislators in the state. It still is
[Rep. Arvind] Venkat also said moving the presidential primary on a year-by-year basis could be subject to the whim of the party in control of the legislature depending on whether it would be beneficial.

“The only pathway forward if we are going to move our primary is to change the election code on a permanent basis,” Venkat said.
So yes, many of the above stories about partisan squabbles or inter-chamber impasses or poison pill riders or election administrator pushback will get woven into the narrative on this non-move. But there is an institutional story too. The consolidated primary -- one that has nearly always been where it is -- is almost set in stone and there has not been much appetite to change that over the years. There has been some. It almost always comes up in the years before a presidential election year, but it also almost always goes nowhere. 

...and fast. The hurdles are too steep.


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From around the invisible primary...


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Tuesday, October 17, 2023

Is confusion inevitable in the Nevada Republican Party primary/caucus situation?

Invisible Primary: Visible -- Thoughts on the invisible primary and links to the goings on of the moment as 2024 approaches...

First, over at FHQ Plus...
  • A belated look at the recent DNC Rules and Bylaws Committee meeting. Yes, Iowa and New Hampshire stole the headlines -- and for good reason -- but there was some other interesting stuff that transpired in St. Louis. Some thoughts on Iowa, New Hampshire and all the rest: All the details at FHQ Plus.
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In Invisible Primary: Visible today...
In the wake of the filing deadlines passing for both the Nevada presidential primary and the Republican caucuses in the Silver state over the previous two days, Natasha Korecki of NBC News had a piece up about the confusion the two contests may create for Nevada Republican voters next year. 

It is not the first time the notion of voter confusion has arisen in the context of the double dip elections taking place in Nevada in 2024. But it does raise some questions. Why are Nevada voters different from other voters who have encountered similar two-pronged processes like this in past cycles? Why (or maybe how) is the Nevada primary and caucus situation different from states that have had both previously? Is any of this primary/caucus conundrum in the Silver state unique at all? 

First of all, FHQ is of a mind that Nevada voters are not substantively different from voters in, say, Nebraska or Washington. Both had Democratic caucuses for allocating delegates and a state-run beauty contest primary as recently as 2016. Voters did not appear to be anymore confused than usual at the process in either case. Sure, more folks showed up to participate in the primaries than the caucuses, but that is not a new feature of the caucus/convention process. They are low turnout affairs by nature (if not design). 

Yet, one difference between those two sets of contests from 2016 and the Nevada situation in 2024 is their timing, or rather the time between the two events. Nebraska and Washington Democrats had March caucuses before May beauty contest primaries. That two months buffer (and the sequencing!) was different than what will take place in Nevada next February. Only two days will separate the state-run beauty contest primary on February 6 from the Republican party-run caucuses on February 8. And the binding contest will follow the beauty contest. So maybe that is a little different. 

But still, confusion? Texas Democrats did not seem to be muddling through the Texas two-step all those years. For much of the post-reform era Democrats in the Lone Star state held a primary and caucuses on the same day. The primary allocated about two-thirds of the delegates while the post-primary caucuses allocated the remainder later in the evening. [Incidentally, while the Texas two-step died on the Democratic side starting with the 2016 cycle, Republicans in the state have revived it and will use it again in 2024.] Voters seemed to make it through that process. Delegates were allocated. And all of it happened with no buffer between the two contests. 

But the real difference between Nevada in 2024 and some other earlier similar examples is that there will be interesting cross-pressures in the Silver state next year. Some debate-qualifying candidates will be urging Nevadans (at least to some extent) to participate in the primary for which they already have a ballot in the mail. Others, and it is most of the big-name candidates, will be trying to get out the vote in the caucuses two days later. 

That is different than previous examples. Both Hillary Clinton and Bernie Sanders were on the primary and caucus ballots in Nebraska and Washington. Barack Obama and Clinton were both participants in both phases of the Texas two-step in March 2008. None of those candidates were working against another group of candidates who were only vying for delegates or attention in one or the other of the two contests in a given double dip state. 

What this Nevada Republican situation is akin to is like what happened in the Michigan Democratic primary in 2008. Under rules new to the DNC that cycle, candidates were not supposed to campaign in states like Michigan (or Florida for that matter) that held unsanctioned primaries earlier than allowed by the national parties. But some Democratic candidates -- Obama and John Edwards among others -- went a step further and removed their names from the January 15 ballot in the Great Lakes state. Clinton did not. The former group asked their supporters to vote for "uncommitted" in the primary in the hopes of swinging some delegates in any subsequent fight, but that Obama and Edwards were not on the ballot had some impact on turnout. 

And it is likely that the split filings across contests will have some impact on turnout in the Nevada beauty contest primary. But that dampening effect and any felt by the primary being a beauty contest may be masked to some extent by the convenience of voting by mail on a ballot provided to all registrants. Even without that masking effect, the turnout is very likely to be higher, if not much higher, in the primary than in the caucus. And participation in the primary may even be a drag on later caucus participation. 

That may or may not also be by design. 


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From around the invisible primary...


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Monday, October 16, 2023

In Nevada, a choice between a symbolic win and delegates

Invisible Primary: Visible -- Thoughts on the invisible primary and links to the goings on of the moment as 2024 approaches...

First, over at FHQ Plus...
  • Over the weekend, The New York Times had yet another "Trump is working his connections in state parties to affect the delegate rules" stories. The article and others of its ilk keep falling into the same trap in considering the depth of Team Trump's efforts without contextualizing either it or the lacking outreach from other campaigns. It was not all bad, but we go over the good, the bad and the ugly from the piece. All the details at FHQ Plus.
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In Invisible Primary: Visible today...
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Today is the filing deadline in Nevada for the state's newly established presidential primary. It comes a day after filing closed for the Republican caucuses in the Silver state. 

Since the Nevada Republican Party is prohibiting candidates who file in the primary to also file in the caucuses, the nearly overlapping filing deadlines offered a split screen comparison of sorts. Some candidates -- Mike Pence and Tim Scott -- opted for the primary while others -- Donald Trump, Doug Burgum, Chris Christie, Vivek Ramaswamy and Ron DeSantis -- have filed in the caucuses. 

[It is not clear that Nikki Haley filed or not in the caucuses, but if the former UN ambassador has not yet filed in the caucuses, then the primary will be the only remaining option.]

The choice confronting the campaigns is one between a symbolic win in the primary two days before the Nevada Republican caucuses or of claiming some share of a small pool of delegates on the line in the February 8 caucuses. That the campaigns standing behind known quantities like the former vice president and a current US senator from South Carolina (one with significant financial backing) opted to forgo even a small share of delegates suggests something about the state of their campaigns and their thinking about how Nevada fits into the broader 2024 Republican presidential nomination process. 

For starters, the qualifying threshold for delegates in the Nevada caucuses is relatively low. "All candidates who receive the percentage of vote required for one or more delegates" qualify under the standing rules of the Nevada Republican Party. The state party suggests that is roughly 4.5 percent.1 And all things considered, that is a pretty low bar. 

Yet, Pence and Scott have taken a pass on any of those delegates by filing in the beauty contest state-run primary. That strongly suggests that both campaigns view the odds of succeeding in the caucuses as long and/or that, even set so low, the qualifying threshold is too high. There are also alternative ways of looking at either of those. The odds can be seen as long because the rules put in place for the caucuses by the state party appear to advantage Donald Trump. As for the delegate threshold, it may be less that the bar is too high and more that the payoff is so low in the Silver state. After all, there are just 26 delegates at stake that will be divided among the qualifying candidates. 

Through that lens, the gamble may be worth it to Pence and Scott. A win in a statewide primary -- even a beauty contest -- with likely more participants than the caucuses later in the week may grab some attention. That may be worth something. But what exactly that something equates to is harder to pin down and likely destined to quickly dissipate. The effects may not wear off before the caucuses two days later, but will certainly trail off well in advance of the next contest, the South Carolina Republican primary on February 24. 

Is that worth more than taking some small share of 26 total delegates in Nevada? 

In the very short term (next February), maybe. But long term, probably not. At some point candidates are going to have to start treating the race for the Republican presidential nomination as a process to keep delegates away from Trump. Delegates, after all, are the currency of the process in the end. And whether a campaign views Nevada as a lock for Trump or not, it is probably a mistake to cede any delegates. 

However, it is worth pointing out that the Nevada Republican caucuses of 2024 are not some Harkin-in-Iowa-1992 scenario. Pence and Scott may have opted out of the Silver state contest where candidates are vying for delegates, but others have filed for the caucuses. And that may be enough to trim some delegates from Trump's total in the state. There is no winner-take-all trigger, so there is only so much that the former president can run up the score on the rest of the field. 

Still, proportional states are where the field has to collectively dent Trump's haul.


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From around the invisible primary...
  • In the filing primary, Tim Scott filed in South Carolina today ahead of the deadline there at the end of the month. And DeSantis opted for the Nevada caucuses on the last day of filing.
  • The AP has a go at a Trump-bolsters-his-campaign-in-Iowa story. Folks are making the obvious comparisons to Trump's 2015-16 efforts in Iowa, but here is another: this slow build feels a bit like the pace of the Romney operation the Hawkeye state in 2011. There are differences, of course. Iowa was never really a good fit for Romney in the 2012 cycle. That is not exactly the case for Trump in the state in 2023. But polling suggests a weaker Trump advantage there than nationally. And while Trump 2023 may be emphasizing Iowa differently, he has not exactly pushed all of his chips into the Iowa-or-bust pot. ...because he does not have to. 
  • Over in the money primary, Q3 reports continue to be released. President Biden and the DNC jointed posted a $71 million figure for the period ending on September 30. North Dakota Governor Doug Burgum raised $3 million in July-September. Former Vice President Pence raked in $3.3 million for the quarter but debt accrued to this point is starting to be a drag.


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1 There is some wiggle room on that figure based on the full language of the rule, but that is a story for a separate post. Plus, how NVGOP interprets its own rules matters in this context regardless of any variation in interpretation of the qualifying threshold.


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See more on our political/electoral consulting venture at FHQ Strategies. 

Wednesday, September 6, 2023

The incentives of chasing delegates in California's Republican primary

Invisible Primary: Visible -- Thoughts on the invisible primary and links to the goings on of the moment as 2024 approaches...

First, over at FHQ Plus...
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A new LA Times/UC Berkeley poll of Republicans in the Golden state demonstrates again the tricky spot the delegate jewel that is the California presidential primary will likely always be in with an earlier-than-most contest. 

As Seema Mehta notes, at 55 percent support, former President Donald Trump would be in line to rake in each and every one of the 169 delegates at stake in the state on Super Tuesday next year. Under the new rules the California Republican Party adopted in July, a bare majority statewide for any candidate in the March 5 primary would trip the winner-take-all trigger. That Trump is already over that mark may have a chilling effect on other candidate activity in the Golden state. Never Back Down, the super PAC aligned with Florida Governor Ron DeSantis, has, for example, already ceased door knocking/canvassing in the state. Additionally, California, the most populous state in the country, is unmercifully expensive to campaign and advertise in. Yes, a lot of voters are concentrated in areas, but it is across a number of areas throughout the state. That adds up quickly.

All of that points to candidates potentially steering clear of the California or strategically approaching it with a light touch in the near term. 

Only, to cede 169 delegates to a frontrunner candidate is to come as close to waving a white flag of surrender in presidential nomination politics as there is. If anything, opposition candidates almost have to throw some resources into California. Trump is not that far beyond the majority mark in this or any other poll in the state and the adopted California Republican delegate rules for 2024 are enticing in their own right. With no qualifying threshold, the number of delegates all non-Trumps would collectively receive would be maximized as long as Trump does not hit 50 percent

But to do that means to crack the code of dragging the former president below the majority mark between now and early March. And that may best be achieved not by sinking money into California but instead investing in contests that precede Super Tuesday. The delegate incentives are there, but the costs are prohibitive in-state. 


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Speaking of that California poll, almost half (47 percent) of all respondents across partisan affiliations showed some interest in a third party option in the general election. With Labor Day apparently marking the unofficial kickoff to the 2024 campaign season and a public reluctant to accept a likely 2020 rematch in the presidential election, there is likely to be interest in the idea of a third party candidate. That has been clear.

But are any of the likely alternatives -- Joe Manchin, Cornell West, Larry Hogan, fill in the blank -- going to capture the imaginations of folks who are receptive to an alternative? That transition from idea to identity is always key and the reality rarely matches up to the idealized notions survey respondents may have. So yes, some folks of all partisan stripes may entertain alternatives at the prospect of a Biden-Trump general election, but partisans are very likely to come home in the end. The bigger question in all of this may be whether more folks drift into the third party column or stay home in November 2024. 


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From around the invisible primary...


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Wednesday, August 30, 2023

The 14th amendment and presidential primary ballot eligibility

Invisible Primary: Visible -- Thoughts on the invisible primary and links to the goings on of the moment as 2024 approaches...

First, over at FHQ Plus...
  • Add Missouri Democrats to the 2024 presidential primary calendar. Democrats in the Show-Me state finally released a draft delegate selection plan with proposed details of their process for 2024. That and delegate allocation will look different for Massachusetts and Montana Republicans than it has in past cycles. All the details at FHQ Plus.
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Discussion about former President Donald Trump and his eligibility under the 14th amendment given the events of January 6, 2021, have been en vogue during August, set off first by a pair of conservative scholars associated with the Federalist Society and then reignited in recent days by Michael Luttig and Lawrence Tribe, writing at The Atlantic. FHQ has kept most of it at arm's length, choosing to focus instead on the evolving state-level delegate allocation rules on the Republican side. Mainly that is a function of the whole thing being compartmentalized in my head as a general election question.  

But then came questions about and lawsuits pertaining to Trump's eligibility for presidential primary ballots. There have been questions raised in first-in-the-nation New Hampshire and in Arizona and lawsuits filed or threatened in the Granite state and Michigan as well. But in FHQ's eye, those actions face a much steeper climb to success in the courts. And that is not to suggest that the case for Trump's eligibility on the general election ballots across the country are a slam dunk. [David Frum is probably right.] But those general election access challenges would be a cleaner proposition than the comparative legal thicket challengers would wade into with respect to primary ballot eligibility. That is probably why Baude and Paulsen, the conservative scholars who started all of this, did not dwell on the primaries but in a handful of passing references in 120 plus pages. 

The primary side of the equation is messy (or messier) for a few reasons. First of all, a primary is an election for a nomination and not an office. Does the 14th amendment address eligibility for nominations? Yes, a primary is a step toward an office, but it does not solely hand someone said office if a candidate wins it. Furthermore, presidential primaries are different than primaries for other offices. The winner of a presidential primary will not necessarily appear on the general election ballot. Ted Cruz, for example, won the 2016 Texas Republican presidential primary but was not on the ballot on the presidential line in the Lone Star state in the November general election. When Cruz won his Senate primary in 2018, he was on the general election ballot.

And then there is the whole issue of primaries -- well, nominations -- being the business of political parties, entities that have certain free association rights under the first amendment. Sure, that veers into questions of political parties opting into state-run (and subsidized) primary elections, a complication that arises in other contexts. The linkage to a state sponsored election may serve to weaken the argument against primary eligibility. 

All of this merely scratches the surface. There are probably other complexities in addition to those above, but each and every one of those would be added to list above and on top of the ones that will be raised in any challenge to Trump's eligibility to appear on the general election ballot should it come to that. The primary questions are just messier, but that does not mean that someone more litigious than I will not wander down that path. In fact, they already have. But they have quite the legal minefield to get through.


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A new survey of the Republican presidential nomination race in Utah from Deseret News offers an interesting hypothetical in terms of delegate allocation in the Beehive state next year. First, the results from the poll:

So Trump is ahead but by a narrower margin than in some other states. How would the delegate allocation look in this situation? 

Before FHQ answers that, I should note that the Utah Republican Party adopted rules in June 2023 that carried over the allocation rules from 2020. Yes, the party will use a caucus system rather than the state-run primary option in 2024, but the basic allocation scheme is the same. No one has a majority in this poll, and thus no candidate trips the winner-take-all trigger. Two candidates -- Donald Trump and Ron DeSantis -- hit the 15 percent qualifying threshold called for in the Utah rules and would be entitled to a proportional share of the 40 delegates at stake in Utah. 

But there is a catch. Under Utah Republican Party rules, if three or more candidates clear the 15 percent hurdle statewide, then they are entitled a proportional share of the delegates based on the qualified vote, the combined vote of just those over 15 percent. If, however, two or fewer candidates win 15 percent statewide in the caucuses on Super Tuesday, then the threshold is dropped altogether. All of the candidates who could mathematically round up to a full delegate would claim a share. That would take delegates away from Trump and DeSantis under the results above (assuming there was a universal 15 percent qualifying threshold that applied in all cases except when one candidate wins a majority). 

Yes, there are still 13 percent who are undecided in this survey and Super Tuesday is a long way off. But this is one of those rules quirks that bears watching. [Yeah, there are a lot of them in the Republican process.]


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From around the invisible primary...


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See more on our political/electoral consulting venture at FHQ Strategies.