Showing posts with label coronavirus. Show all posts
Showing posts with label coronavirus. Show all posts

Friday, May 22, 2020

Puerto Rico Democratic Presidential Primary Now Set for July 12

The Puerto Rico Democratic Party announced on Thursday, May 21 that, in consultation with the Elections Commission in the US territory, it is scheduling its presidential primary election for Sunday, July 12.

Party president Charlie Rodriguez indicated that since Vermont Senator Bernie Sanders (D) was still fighting for delegates to the national convention, the territorial party was stuck under current Puerto Rico law with the primary election as the means through which delegates would be allocated. Additionally, he cited the recent federal court decisions in New York reinstating the presidential primary there. Both New York and Puerto Rico directly elect district delegates on the primary ballot. As a result, not only would presidential candidates potentially be adversely affected by any cancelation of the primary, but so too would qualifying delegate candidates also on the ballot. And although that may have been the party preference -- to cancel the primary and allocate delegates in a different manner -- it was a bridge too far given a likely court challenge to such a move.

This move had been telegraphed to some extent. As a coda to a series of waiver grants, it was revealed last week during a virtual meeting of the DNC Rules and Bylaws Committee (DNCRBC) that Puerto Rico Democrats were considering either July 5 or 12 as the date of their primary. The party obviously chose the latter. And that date -- either date, really -- falls after the June 9 date set aside in DNC rules as the final date on which states can conduct primaries or caucuses. As was noted then during the meeting, Puerto Rico Democrats will have to take the final decision and any other changes to their delegate selection plan before the DNCRBC for the committee's approval.

Like a number of other states, Puerto Rico also played a game of primary calendar musical chairs. The Democratic presidential primary was originally set in 2019 for the final Sunday in March, March 29. But once 2020 rolled around and the coronavirus intervened, the territorial government shifted the primary back a month to April 26. However, that new law also included a contingency plan. If the pandemic and its attendant issues stretched to and beyond that late April date, then the Puerto Rico Democratic Party along with the Elections Commission could choose an alternate date. That led to an indefinitely postponement of the election in early April and set the table for the decision on Thursday for the mid-July date.

Puerto Rico now slots into a space on the primary calendar ahead of only Connecticut's in August. It becomes a seventh contest that will fall after the June 9 deadline.


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The press release from the Puerto Rico Democratic Party on the primary rescheduling will be archived here.


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The Puerto Rico Democratic presidential primary has been added back to the 2020 FHQ presidential primary calendar.


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Related Posts:
4/3/20: Puerto Rico Democrats Indefinitely Postpone Presidential Primary

3/25/20: Governor Vazquez's Signature Pushes Puerto Rico Democratic Presidential Primary Back a Month

3/19/20: Puerto Rico Legislation Would Shift Presidential Primary Back to April or Beyond

3/16/20: Puerto Rico Democrats Signal Presidential Primary Date Change

Tuesday, May 19, 2020

Appeal Denied. New York Democratic Presidential Primary Set for June 23

The US 2nd Circuit Court of Appeals on Tuesday, May 19 upheld a lower court ruling from earlier in the month reinstating the canceled New York Democratic presidential primary.

The state of New York had appealed the district court decision to reverse the New York State Board of Elections action canceling the primary under a new law that allowed the Board to remove candidates no longer in the race. Following the 2nd circuit ruling, the state will not appeal any further.

And that officially slates the New York Democratic presidential primary for June 23, a date just five weeks away.

Candidates both for president and district delegate had already filed for the April 28 primary ballot, so none of the state government nor judicial decisions have had any demonstrable impact on the filing process. Nor does the decision today affect the selection process for those district delegates. They will continue to be elected directly from the primary ballot. However, the date of the state convention and the selection of statewide -- at-large and PLEO -- delegates has been affected in the move to June. The State Democratic Committee will now select those delegates -- based on the statewide results of the primary -- at the late July state convention.

And two other factors will affect the administration of the election. First, the delay in finalizing the date of the New York primary did no favors to the State Board of Elections. Sure, the Board held that up with the appeal, but it also delayed finalizing the ballot for the primary election itself. And under the federal UOCAVA law, ballots are to go out to military and other personnel overseas 45 days before any election. There are workarounds for that -- counting the ballots when they come in, for example -- but a delay is a delay and can influence the implementation of election law.

Additionally, Governor Cuomo's April 24 executive order to provide absentee ballot applications (with a postage paid return option) to all eligible New York voters for the primary must be rolled out in the 35 day window remaining. The details of that process will have to be finalized as well, particularly the return of the completed ballots and whether that is mail-only for voters or if they can physically drop them off with election administrators.


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One other matter to note is that the New York Democratic Party has amended its delegate selection plan to reflect not only the date change for the primary, but the allocation of delegates. Now, this point is moot at this time given that the primary is back on, but the language of Part 2, Section A of the delegate selection plan lays out the conditions under which the process would operate if the primary were canceled. Originally (and traditionally), the plan has called for all of the delegates to be allocated to the one candidate who has qualified for the primary ballot. That remains the case, but with a slight tweak. As a rider on that provision another is included: "or at the discretion of such Candidate." That addition was seemingly made in response to the deal struck between the Biden and Sanders campaigns to not only allow Sanders to keep his statewide delegates but to get a share of New York delegates if the primary ultimately ended up canceled. It is not and thus that provision is unnecessary. Still, there was a notable change to the language of the rules.


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Related Posts:
On-Again, Off-Again New York Democratic Presidential Primary is Back on Again

Cuomo Executive Order Confirms New York Presidential Primary Will Move to June 23

New York State Legislature Begins Working on Alternatives to April 28 Presidential Primary

Friday, May 8, 2020

How do you stage a convention in the middle of the coronavirus pandemic?

Jon Ward and Brittany Shepherd have the story at Yahoo News.

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It will take some rules changes on the Democratic side to facilitate anything other than a traditional convention. But Republicans already have language in place in Rule 37(e) of their rules covering the scenario where the party is "unable to conduct its business either within the convention site or within the convention city." It defers to the Republican National Committee to develop an alternative method for handling the roll call votes for the presidential and vice presidential nominations.

On-Again, Off-Again New York Democratic Presidential Primary is Back on Again

The late April New York State Board of Elections decision to cancel the Democratic presidential primary in the Empire state met some judicial resistance on Tuesday, May 5.

In a federal case brought by former Democratic presidential candidate, Andrew Yang, and some of those who filed to run as delegates aligned with him on the New York primary ballot, the aim was to reinstate candidates and delegates pushed off the ballot last month. It was that action -- the removal of  suspended candidates from the ballot -- that was the predicate to the state board's decision regarding the primary cancelation.

But the groundwork for that maneuver was laid in the budget agreed to by the state legislature and Governor Cuomo (D). Under traditional New York state election law, the State Board of Elections has the ability to cancel a primary if only one candidate qualifies, rendering the election uncontested and superfluous. That obviously was not the case in the 2020 Democratic nomination race. Although the bar to qualify for the New York presidential primary ballot is high, Vice President Joe Biden was not the only candidate to make the ballot.

However, Biden was the only candidate who had not suspended his campaign by the time the budget deal was being finalized. And while other candidates were still technically on the ballot, all had suspended their campaigns and most had endorsed Biden. And language was inserted in the budget bill to provide the state board with an additional tool given that contingency. The board was empowered with the ability to remove candidates from the primary ballot if they were no longer actively running for the nomination. That, in turn, triggered the "only one candidate" provision that has been a part of New York election law for years.

But again, candidates, both presidential and district delegate, had qualified for the original April ballot before the primary was shifted to June 23. And when the primary was canceled in late April, that drew the ire of the newly suspended Sanders campaign and the aforementioned Yang case.

So, on the one hand, one has the argument that the cancelation suppresses the vote not only in the presidential race in New York, but in all the down ballot races in parts of the Empire state that are still on for June 23. On the other is a state government attempting to manage the public health concerns around in-person voting and the coronavirus pandemic and possible budgetary savings from scaling that primary back that would help diminished state coffers in the face of the virus.1

Now that federal judge, Analisa Torres, has issued an injunction and the June 23 Democratic presidential primary is back on, it means that elections officials in the state have lost a week of preparation with fewer than 50 days until the election. And throw on top of that a likely appeal of the decision from the state. Much of this creates more uncertainty that cuts into the time to get the ballots ready and printed and applications for absentee ballots out to eligible voters (much less returned, processed and actual ballots mailed out as well). That is a heavy lift even without considering any issues with recruiting poll workers, training them for new conditions and getting them comfortable with showing up to administer the election.

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But push the state government implementation issues aside for a moment. There still is no answer to how the New York Democratic Party is or has responded to the primary back and forth. Should the presidential primary now go off as planned under the original delegate selection plan and the new court injunction, then the revisions the state party will have to make to the plan will be minimal.

However, there was no alternate scenario publicly shared on how the party would allocate delegates should there be no primary. Under the current plan, the party allocates all of the delegates to the candidate in an uncontested primary. But that rule hinges on (and cites) the traditional New York state election law that cancels a primary if only one candidate qualifies for the ballot. There is no contingency in the rule in the delegate selection plan that accounts for the new law, the law that eliminates candidates from the ballot who are no longer running.

A change has to be made there if the primary is canceled again under appeal.

But that is not the only change under the cancelation contingency. There also likely has to be something written into the plan -- the revisions of which will have to be reviewed and approved by the DNC Rules and Bylaws Committee (DNCRBC) -- to account for the deal struck between the Biden campaign and the suspended Sanders campaign. Yes, that deal allowed Sanders to keep his statewide delegates instead of having them reallocated, but it also included a provision about the New York process in the event that there was no primary. That deal says Sanders will get some share of the delegates in the Empire state. But how that process is conducted, who is doing the selecting (especially with district delegates no longer directly elected on the primary ballot) and how to determine Sanders's share remain open questions that likely have to be dealt with in any changes the New York Democratic Party hypothetically makes to its delegate selection plan before it submits it to the DNCRBC.

In the end, there is some uncertainty that surrounds the delegate selection process in New York while Judge Torres's decision is appealed. But that uncertainty extends beyond just the state government and its administration of an election that is less than seven weeks off. It affects the state party's plans for how it will handle the delegate selection process itself with the clock ticking down to the start of a delayed national convention.


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1 Yes, Governor Cuomo issued an executive order on April 24 ensuring that absentee ballot applications would be mailed to every eligible New York voter in the June 23 primary. That decision came just days before the primary was canceled by the State Board of Elections on April 27.

Thursday, May 7, 2020

Delaware Presidential Primary Pushed Back Another Five Weeks

Delaware Governor John Carney (D) on Thursday, May 7, signed yet another amendment to his state of emergency declaration in response to the coronavirus pandemic. This one, like the change in late March, shifts the presidential primary in the First state back by another five weeks to July 7.

Delaware now joins neighboring New Jersey on a date just after the Fourth of July holiday weekend. Typically, those types of summer primaries come with their own issues. Voters may find conflicts with schedule while they are on vacation, for example. But part of Carney's order addresses that issue. Not only does the presidential primary in Delaware move back another 35 days, but that buys state elections officials some additional time to send out absentee ballot applications to all eligible Delaware voters. Again, that is applications and not ballots. The additional time will also give elections officials time to process those requests and mail out ballots to those voters who are approved.

While this order opens the door to another wider form of participation in the primary, it importantly does not eliminate in-person voting. At least six sites in each county across Delaware will continue to offer in-person voting for those who prefer that option. Under the order municipalities are also given the latitude to extend the hours in which polling stations are open on primary day.

No, Delaware is not a large state and there are only 21 pledged delegates at stake in the Democratic primary, but the date change is yet another statement about the broader impact of the coronavirus pandemic on elections in 2020. This primary move is a second change for Delaware, but also one beyond the June 9 deadline by which states must have conducted their primaries or caucuses under Democratic National Committee rules. The state joins Connecticut, Kentucky, Louisiana, New Jersey and New York in that distinction.


The change in Delaware has been added to the 2020 FHQ presidential primary calendar.


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Governor Carney's emergency declaration will be archived here.

Friday, April 17, 2020

Second Move's the Charm: Connecticut Shifts Its Presidential Primary to August

Connecticut on Tuesday became the third state in a little more than a week to move back its presidential primary for a second time in response to the coronavirus pandemic. Governor Ned Lamont (D) made the change via executive order and in concert with Secretary of State Denise Merrill (D).

Now, the Connecticut presidential primary will coincide with the primaries for state and local offices previously scheduled for August 11. While that will save the state the budgetary hit of a separate presidential primary election, an August primary comes with some problems. First, it obviously falls later than the national party rules allow, much later than any other state that has so far shifted its contest. But secondly, the new date of the presidential primary falls just days before the Democratic National Convention -- recently delayed as well -- is set to commence on August 17. That leaves little time for the results of the primary to be certified in order to allocated delegates. And that would be true even if Connecticut Democrats make plans to slate delegate candidates for presidential candidates ahead of the primary.

One option that was raised in the Hartford Courant in the paper's write up of the primary move is that if all candidates but one request that their names be removed from the ballot, then the contest could be cancelled. That would alleviate much of the pressure on the state and state party to complete the delegate selection process in the days before the national convention starts.

For now, however, the Connecticut presidential primary is part of a consolidated primary on August 11.


Governor Lamont's executive order will be archived here.


The Connecticut primary change has been added to the 2020 FHQ presidential primary calendar.


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Related posts:
June 2 Presidential Primary Date Grows with Addition of Connecticut

Tuesday, April 14, 2020

On the Move Again: Louisiana Shifts Presidential Primary to July 11

Once, it seems, was not enough in the Pelican state.

At the request of Secretary of State Kyle Ardoin (R), Louisiana Governor John Bel Edwards (D) on Tuesday, April 14, again issued a proclamation to move the presidential primary in the state back another three weeks. This follows the nearly three month delay the pair agreed to in mid-March as the coronavirus began to spread.

Unlike the majority of other states that have moved primaries and caucuses in the wake of the outbreak, Louisiana appears to be attempting to get enough out of the shadow of the pandemic to hold a primary election as close to usual as possible. The proclamation pushes back the early voting window to June 26-July 4, the deadline to request absentee ballots for most voters to July 7 and the deadline for those ballots to be submitted to July 10 (at 4:30pm). In-person voting remains in a state that requires an excuse (from a list of several reasons) in order to vote absentee. In other words, there is no clear effort to send all Louisiana voters an absentee application much less a primary ballot as has been the case in most of other states that have shifted to later dates during primary season.

That may or may not change in the future as the public health situation develops.

What can be said more definitively is that both the first and second new dates violate the national parties' rules on the timing of delegate selection events. The first fell late and the second even later and even closer to the (admittedly now-delayed Democratic) national conventions. Regardless of the later timing of the Democratic National Convention, Louisiana Democrats will still have to take this change before the DNC Rules and Bylaws Committee for the panel's approval. Whether the later convention will help accommodate the later primary in the Pelican state will largely depend on how the state Democratic Party tweaks its delegate selection plan to meet the new later date.

The governor's proclamation is archived here.

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UPDATE (4/28/20): The Louisiana state legislature passed legislation to provide for a series of coronavirus-related excuses in order to request an absentee ballot. The bill did not, however, remove the need for an excuse. Prospective absentee voters applying for ballot must choose from a list of excuses that includes having a preexisting condition that may put the voter at increased risk of contracting covid-19, being in quarantine, being advised by a health care provider to self-quarantine, experiencing symptoms of the coronavirus, or caring for someone who has the disease. How rigorous the county elections officials will be in processing and accepting those excuses remains to be seen. But the move does provide marginally more relief to voters seeking a safer alternative to vote (even if Republicans in the state legislature scuttled the governor and secretary of state's plans to be more accommodating with vote-by-mail options).

The covid-related absentee application is archived here.


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The Louisiana primary date has been changed on the 2020 FHQ presidential primary calendar.



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Related post:
Louisiana Shifts Presidential Primary Back to June 20 Amid Rising Coronavirus Concerns

Thursday, April 9, 2020

Georgia Presidential Primary Pushed Back Another Three Weeks to June 9

A little more than a week after the chorus calling on a new and later date for the Georgia primary crescendoed, Secretary of State Brad Raffensperger (R) relented and shifted the primary back another three weeks. But the move was motivated less by pressure from some Georgia Republicans to move and more by Governor Kemp's (R) decision to extend the coronavirus-related state of emergency to May 13. That extension overlapped with early voting in the May 19 primary and forced the change.

That the primary ended up on June 9 and not June 23 like Speaker of the House Ralston (R) had suggested will save some heartache for the two political parties in the state. The former date will keep Georgia compliant with both national parties' rules on the timing of primaries and caucuses and save the parties from any penalties.

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The Georgia primary has been moved back to June 9 on the 2020 FHQ presidential primary calendar.



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Related Posts:
Chorus for an Even Later Georgia Presidential Primary Grows

Georgia House Speaker Calls for Another Presidential Primary Move in the Peach State

Georgia Postpones Presidential Primary, Consolidates with May Primaries

Georgia Will Send Absentee Request Forms to All Active Voters for May 19 Primary

Georgia House Speaker Calls for Another Presidential Primary Move in the Peach State

Wednesday, April 8, 2020

Murphy's Order Moves New Jersey Presidential Primary Back to July 7

Citing the choice Wisconsin primary voters had to make between voting and their own health a day earlier, New Jersey Governor Phil Murphy (D) on Wednesday, April 8 issued an executive order moving the primary in the Garden state from June 2 back five weeks to July 7. 

While the move may help avoid any overlap between in-person voting and the peak of the coronavirus, the new date does run afoul of national party rules on the timing of primaries and caucuses by a full four weeks. The New Jersey Democratic Party will have to bring that change before the DNC Rules and Bylaws Committee in particular for the national party's approval on any likely waiver request. 

But this is a big one. It is one thing for a state to push into late June, but another to move all the way into July. New Jersey Democrats' cause will undoubtedly be helped out to some degree by the DNC decision to shift the national convention from July to August.

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The New Jersey change is now reflected on the 2020 FHQ presidential primary calendar.


UPDATE (4/13/20): The New Jersey state legislature unanimously passed legislation backing Governor Murphy's executive order to push the primary back 35 days to July 7.


UPDATE (5/15/20): Governor Murphy issued another executive order to provide vote-by-mail ballots to every registered voter in New Jersey in an effort to further protect public health amid the threat of the coronavirus. There will still be an in-person option, but there will be a reduced number of polling locations on primary day, July 7. As long as the ballots are postmarked on or before July 7, then they will be accepted and counted as late as July 14. 

Saturday, April 4, 2020

Maryland Board of Elections Lands on Predominantly Vote-By-Mail Plan for June 2 Primary

With a Friday, April 3 deadline to report back to Governor Hogan's executive order request to plan for a June 2 presidential primary, the Maryland Board of Elections arrived at a series of conclusions after a week of back and forth.

After first signaling that it would recommend an all-mail ballot primary, the Board walked that back after it was pressured by voting rights and disabilities advocates. Voting access for those who need assistance casting a ballot or who do not receive ballots in the mail became the main hang up for those lobbying the Board and ultimately the Board itself.

Maryland will now follow the rough model outlined by the secretary of state in Rhode Island: providing for a "predominantly" vote-by-mail plan for the June 2 primary. The plan in the Old Line state now has a bit more meat on the bones. While the recommendation continues to call for all Maryland voters to receive a primary ballot, the state will now open at least one voting location (and no more than four) in each county. Those sites will only be opened for voting on primary day itself. Voters will additionally have the option of mailing their ballots back to the county or dropping them off in drop boxes at each of the county voting locations set up for in-person voting on June 2.

The recommendation now heads to Governor Hogan for his consideration under the guidelines in the executive order. He will have to sign off on the changes before they take effect.


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Related Posts:
Maryland Joins States Pushing Back Presidential Primaries on the Calendar

Maryland Board of Elections Will Recommend an All Vote-By-Mail Presidential Primary for June 2

Friday, April 3, 2020

DC Board of Elections Urging All District Voters to Request Absentee Ballots for June 2 Primary

As the calendar flipped from March to April, marking two months until the last major multi-state wave of primaries and caucuses, the Washington, DC Board of Elections began encouraging voters in the district to request absentee ballots ahead of the June 2 primary there.

This is a less proactive approach to alternative methods of voting in the wake of the coronavirus pandemic. Some states like Maryland have tentatively opted to mail all voters an absentee ballot, while other states like Nebraska and West Virginia have decided to mail application for absentee ballots to active voters. The DC encouragement is much less far-reaching at this point. That could change over time as June 2 approaches and the coronavirus situation evolves.


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DC Board of Elections vote-by-mail encouragement archived here.

Puerto Rico Democrats Indefinitely Postpone Presidential Primary

Puerto Rico Democratic Party President Charles Rodriguez on Thursday, April 2 announced that the newly scheduled April 26 presidential primary would be delayed indefinitely amid the growing threat posed by the coronavirus.

Late last month legislation to move the island territory's Democratic primary from the end of March to the end of April passed and was signed into law. But layered into that bill was a contingency to shift the primary later on the calendar if there was a need. The state elections commission was given the authority to make the change in consultation with the Democratic Party in Puerto Rico.

And it was that provision of the new law that was triggered by Rodriguez on Thursday, the same day that the Democratic National Convention was pushed back by more than a month. While that national party change may not exactly provide state-level actors like those in Puerto Rico some time, it does provide them some cover. And Puerto Rico Democrats are taking advantage of that. The indefinite postponement leaves hanging out there the scheduling of an election that was to have originally taken place on Sunday, March 29. But the mechanism in the new law allows the territorial party some time to assess the situation -- both with the pandemic and any additional decisions the national party makes on how it will treat states with primaries too late under national party rules -- and set a date that best protects public health and the Puerto Rico delegation to the national convention.

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FHQ has moved the Puerto Rico Democratic primary to "no date" on the 2020 presidential primary calendar.



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Related Posts:
3/25/20: Governor Vazquez's Signature Pushes Puerto Rico Democratic Presidential Primary Back a Month

3/19/20: Puerto Rico Legislation Would Shift Presidential Primary Back to April or Beyond

3/16/20: Puerto Rico Democrats Signal Presidential Primary Date Change

Thursday, April 2, 2020

Democrats Delay National Convention by Five Weeks

The Democratic National Committee on Thursday, April 2 opted to push back the start of the national convention in Milwaukee from July 13 to August 17 amid increasing time constraints, not to mention public health issues, place on the party over the coronavirus pandemic.

Now the Democratic convention will begin just a week before the Republican National Convention in Charlotte. That reverts the convention timing to the model that has been in place since the 2008 cycle.  2020 was to be a break in that one-week-apart model and a return to the month-apart model for national convention timing that had dominated the post-reform era. However, the coronavirus has changed those plans.

The five week delay in the convention is consistent with the movement of primaries that has occurred on the state level in the wake of the outbreak. Among the states that have shifted delegate selection events back, they have moved on average almost 38 days, a little more than five weeks. The nearly equivalent move by the national convention will allow those states and others stuck between a rock and a hard place in completing their delegate selection in a timely and efficient manner ahead of the new convention's commencement.

What this leaves unanswered is how the DNC Rules and Bylaws Committee will handle states that have moved beyond the June 9 deadline by which states are to have held their primaries and caucuses under DNC rules. The rules call for a 50 percent reduction in a state's delegation as a penalty. But the convention move signals even more that the party is more likely than not to grant some latitude to state parties on this front.

Wednesday, April 1, 2020

Governor Justice's Executive Order Sends West Virginia Primary Back a Month to June 9

Governor Jim Justice (R) issued an executive order on Wednesday, April 1 moving the West Virginia primary from May 19 to June 9. The four week delay was forced by the growing threat of the coronavirus pandemic. Statewide states of emergency and stay-at-home orders are fundamentally reshaping how state governments (and state parties in some cases) are administering elections.

Already the state of West Virginia has come to the aid of county-level elections officials, promising to help with funding the distribution of absentee vote-by-mail applications for all registered voters in the Mountain state. That will still apply even now that the primary has been shifted back into June. But while West Virginia voters will have the option of voting absentee by mail, in-person early and in-person election day voting will remain available.

The West Virginia primary change has been added to the 2020 FHQ presidential primary calendar. The state now joins a growing list of states that have moved their nomination contests in the wake of the escalating pandemic. It is also another May state to pull up the tent stakes and move from a rapidly clearing out month for June or later dates on the calendar.


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Governor Justice's executive order moving the primary to June 9 will be archived here.


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Related Post:
West Virginia Secretary of State Lays the Groundwork for a Predominantly Vote-By-Mail Primary on May 12

Chorus for an Even Later Georgia Presidential Primary Grows

Just last week, Georgia state House Speaker David Ralston (R) called on Secretary of State Brad Raffensperger to consider again pushing back the presidential primary (now consolidated with primaries for other offices) in the Peach state.

Now, that call has grown in number and volume. On Tuesday, March 31 in a letter to Raffensperger, the 11 members of the Republican Georgia delegation to Congress mostly echoed Ralston. That is "mostly echoed" because while the Georgia Republicans from Congress urged a date later than May 19 for the Peach state primary, the group did not specify a date as Ralston did. Perhaps, that lack of specificity on the date is attributable to the fact that Ralston's proposed new date -- June 23 -- would violate the national parties' rules on the timing of primaries and caucuses. A June 23 primary -- like those now in Kentucky and New York -- would be too late.

This may explain why the five Democrats in the Georgia congressional delegation did not sign on to the letter as well. If the end goal is a June 23 primary, then it would cost Georgia Democrats half of their delegation (should the DNC Rules and Bylaws Committee stick with the June 9 deadline and its attendant penalty).

But time will tell if, in fact, June 23 is the new target date for the Georgia primary.

This renewed call for an even later primary comes after Raffensperger moved the presidential primary to May 19 to be held concurrently with the primaries for other offices and after he also opted to mail all registered Georgia voters an absentee ballot application for the election.


UPDATE: Secretary Raffensperger responded to the growing number of voices calling for an even later Georgia primary by basically deferring to the Georgia General Assembly and the governor to make the change:
"'If the General Assembly and the Governor wants [sic] to move the primary to June or July, we will support them in that too,' said Secretary of State Brad Raffensperger."
The Georgia secretary of state was ceded the power to set the date of the presidential primary by the General Assembly and the governor in 2011. While that includes the ability to shift (and apparently re-shift) the presidential primary, it does not include the power to reschedule the primaries for other offices to which the presidential primary is now tethered.


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The letter to Raffensperger will be archived here.


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Related Posts:
Georgia Postpones Presidential Primary, Consolidates with May Primaries

Georgia Will Send Absentee Request Forms to All Active Voters for May 19 Primary

Georgia House Speaker Calls for Another Presidential Primary Move in the Peach State

Tuesday, March 31, 2020

Kansas Democrats Eliminate In-Person Voting in May 2 Party-Run Presidential Primary

The Kansas Democratic Party on Monday, March 30 made the decision to end in-person voting in its upcoming May 2 party-run primary.

That move comes less than two weeks after the party opted to push forward with their plans to carry out the election with both vote-by-mail and in-person voting. But Kansas Democrats arrived at the same conclusion other states with party-run contests recently have. Democrats in Alaska, Hawaii and Wyoming all chose to end their in-person voting on April 4 and completely lean on the mail-in option each had layered into their delegate selection plans from the start. That insurance policy -- the presence of and planning for a vote-by-mail system -- gave each state party something to fall back on given the threat the coronavirus now poses to in-person voting this spring.

Typically, state parties are at a disadvantage in implementing these types of party-run elections. Those parties just do not have the (funding) resources that state governments do. But in this case, careful planning ahead of time -- and in response to new DNC encouragements in Rule 2 to increase participation -- laid the groundwork for this unique alternative option. Now, states with primaries but no vote-by-mail infrastructure -- states like Delaware -- have had to change the dates of their primaries to hopefully shift out of the window of time in which the coronavirus may reach its peak.

But Kansas Democrats have not. They will press forward with plans to have an all-mail May 2 party-run primary. Voters will need to register as Democrats by April 7 in order to automatically be mailed a ballot for the race.

Voters already registered as Democrats were mailed a ballot on March 30, more newly registered voters have until April 7, and those who have not received a ballot by April 10 can still request a ballot until April 24.


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Kansas Democratic Party press release on ending in-person voting archived here.


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Related Posts:
Kansas Democrats Forge Ahead with May 2 Party-Run Presidential Primary, but...

Monday, March 30, 2020

DeWine Signs Legislation Scheduling Ohio Vote-By-Mail Presidential Primary for April 28

Governor Mike DeWine (R-OH) on Friday, March 27 signed into law HB 197, an omnibus bill with myriad responses to the coronavirus threat. Among the changes in the new law are alterations to the presidential primary in the Buckeye state: a predominantly vote-by-mail system in which voting will conclude on April 28.

For more details on those changes see this earlier post on the Ohio legislation.

While the vote-by-mail transition is noteworthy, this change has an influence on more than the primary itself. Secondary effects will potentially be felt in the delegate selection process.

However, Ohio Democrats are in something of an advantageous position on that front, at least compared to some other states. District delegate slates for each active candidate were selected in pre-primary caucuses back in January (the first selection event on the calendar). Which district delegate candidates on those slates fill slots allocated to candidates depends on the results of the primary. Democrats in Ohio already had a fairly mobile selection process for the selection of district delegates.

And even statewide delegate selection is somewhat insulated from the shift to April 28. The Ohio Democratic Party state executive committee -- not a broader state convention -- is set in the party's delegate selection plan to choose at-large and PLEO delegates in a meeting on May 9, after the new primary date. That likely will not have to change other than perhaps how the executive committee meets. That will more than likely be done remotely rather than in person now.

The only real hang up in the delegate selection plan that Ohio Democrats have laid out is the contingency for filling any district delegate slots allocated to candidates who failed to file a full slate of delegate candidates back in January. Those post-primary caucuses to fill those spots were originally set for April 16. That could still occur at that time -- operating much like the pre-primary caucuses in January did, but the insurance slating would occur before the primary results are in under that scenario. The intention was to allow candidates allocated delegates in the primary to fill those slots if they failed to do so during the January caucuses.

That may necessitate a move in those caucuses.

Then again, with the field narrowed to just two candidates (as of late March), there may now be less need for either Biden or Sanders to slate any additional district delegate candidates.


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Governor DeWine's new release on the bill signing is archived here.



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Related Posts:
Ohio Presidential Primary Postponed Until June 2

Ohio Legislature Unanimously Passes Bill to Transition to Absentee Vote-By-Mail in Presidential Primary

Sunday, March 29, 2020

Montana Governor Allows Counties the Discretion to Opt into Vote-By-Mail for June 2 Primary

Governor Steve Bullock (D-MT) on Wednesday, March 25 issued a directive aimed at the June 2 primary in the Treasure state as part of his evolving emergency declaration response to the coronavirus outbreak.

Unlike other states that have opted to go full vote-by-mail for upcoming presidential primaries, Bullock instead deferred to Montana county election officials to make the call on whether to do the same in their primary. Counties can opt in, but that comes with some strings attached.
  • County elections offices have to make (early in-person voting) ballots available to voters from May 4 through the end of the election on June 2. 
  • Counties that opt into the vote-by-mail system must also have mailed ballots to voters 25 days before the June 2 primary (on or before May 8). This is consistent with the regulations regarding absentee voting in the state. Montana voters retain the ability to request absentee ballots, but counties that have opted into the vote-by-mail system will send ballots to all register county voters. [If a voter in such a county votes both (early) in-person and via the mail ballot, then the mailed-in ballot will be void and the early in-person ballot will be counted.]
  • Those counties that opt in have to submit a written plan for how they will implement the changes to the Montana secretary of state.
Importantly, voters and the counties that opt in will also get financial relief on postage. Counties choosing to go the vote-by-mail route have to notify voters that no postage is required to submit a ballot. Additionally, counties may also seek reimbursement for postage costs from the state government.

Predominantly vote-by-mail systems have taken over in states with May contests (see Georgia, Nebraska and West Virginia, for example) and that is gradually expanding into the June primary states as well (see Maryland). But all states that have moved in that direction have also approached the process in different ways with some promoting vote-by-mail to others mailing out ballots directly to voters. But Montana has put a different spin on the process. Voters in counties that adopt the vote-by-mail option will be mailed ballots. So while there have been differences across states in this transition, now, in Montana, there will potentially be differences across counties within the state.


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Governor Bullock's executive order on the vote-by-mail deference to Montana counties is archived here.

Saturday, March 28, 2020

Cuomo Executive Order Confirms New York Presidential Primary Will Move to June 23

New York Governor Andrew Cuomo during a coronavirus press conference on Saturday, March 28 signaled that the New York presidential primary would move to June 23. His actions were not official at the time but Cuomo later in the evening issued an executive order postponing the April 28 presidential primary and rescheduling it for June 23.

New York now joins other Acela primary states -- Connecticut, Delaware, Maryland and Rhode Island -- in abandoning the late April primary date and doing so through executive emergency action. Pennsylvania also shifted away from April 28 but changed its primary date via the legislative process. Regardless of the path to change, New York becomes the last of six Acela primary states to leave behind what had been at the start of primary among the most delegate-rich states on the 2020 presidential primary calendar. Now, only Ohio's vote-by-mail primary -- new to the calendar position once legislation is signed -- will fall on April 28.

But back in New York, Cuomo's executive order  would seemingly end the legislative process that had been in the works. A pair of identical bills in each chamber of the New York Assembly, consolidating the presidential primary with those for other offices on June 23, best lined up with Cuomo's intentions but those and a competing bill to keep the primary on April 28 but to make the primary an all-absentee election all are ostensibly to be left by the wayside.

While this buys New York election administrators some time to implement the changes, it does put the state Democratic Party directly in the crosshairs of the Democratic National Committee. A June 23 primary runs afoul of the DNC rules on the timing of primaries and caucuses. The party sets a June 9 -- second Saturday in June -- deadline for conducting the first step in the delegate selection process.

And while the DNC has signaled that anything after June 9 breaks the rules, it is hard to imagine the national party not bending in the face of the unprecedented challenges the coronavirus has presented. However, June 23 is less than three weeks before the Democratic National Convention is set to gavel in, and that presents challenges in an of itself.


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Governor Cuomo's executive order postponing the presidential primary and rescheduling it for June 23 is archived here.



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Related Posts:
New York State Legislature Begins Working on Alternatives to April 28 Presidential Primary

Maryland Board of Elections Will Recommend an All Vote-By-Mail Presidential Primary for June 2

As part of Governor Larry Hogan's (R-MD) order to shift the Maryland presidential primary back five weeks to June 2, the state Board of Elections was to meet and confer on how best to implement that change given the fallout from the coronavirus threat.

In a remote meeting on Wednesday, March 25, the Maryland state Board of Elections decided in principle to have the now June 2 primary be conducted completely by mail based on the public health concerns around the virus. The board could not guarantee that it could protect poll workers who are increasingly less inclined to work the polls for early and election day in-person voting in even a delayed election.

Some members of the Board wanted to retain the in-person voting options just in case they could be carried out, but reserve the right to cancel those options later if the threat window remained open in the lead up to June 2.
“We could sit here and say the June 2 election will be vote by mail, it will have early voting options, it will have voting centers on Election Day — and the governor, the chief executive, could close everything down on May 30,” said Patrick Hogan, vice chairman of the board. 
“We could always drop the plan to have voting centers if the situation was getting worse," said board member Kelley Howells. "That would at least give us the option.” 
State elections staff members urged the board to make a final decision. If ballots are to be mailed to all voters, they should go out by the last week of April, said Nikki Charlson, deputy administrator for the Board of Elections. Instructions would have to be included with those ballots on how to return them, she said, and those should be in their final form when the ballots go out. 
“I appreciate that things are changing, but at some point we have to make a decision,” Charlson said.
It was Board staff that won out. Said staff will draft the proposal on a vote-by-mail election for the Board before April 2. The Board will then make a final decision charting out the course ahead -- likely adopting the plan -- and send it to the governor for his consideration by the April 3, the deadline laid out in his original executive order calling for the primary date change.

Maryland would join Rhode Island on June 2 as a state with an all-mail presidential primary. Ballots will be mailed to voters rather than applications for absentee ballots as in May states like Georgia, Nebraska and West Virginia. Those efforts can be contrasted with those in Indiana (June 2 primary), where no mailings are going out, but the excuse requirement in requesting absentee ballots has been waived.


Hat tip to Steve Kamp for passing news of this along to FHQ.


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Related Posts:
Maryland Joins States Pushing Back Presidential Primaries on the Calendar