Showing posts with label delegate selection rules. Show all posts
Showing posts with label delegate selection rules. Show all posts

Saturday, June 24, 2023

[From FHQ Plus] The Georgia primary isn't really in "limbo"

The following is a cross-posted excerpt from FHQ Plus, FHQ's subscription newsletter. Come check the rest out and consider a paid subscription to unlock the full site and support our work. 

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FHQ always follows along with rules meetings when I have the time. The DNC Rules and Bylaws Committee (DNCRBC) meeting late last week from Minneapolis was no exception. It was a productive if not eventful meeting. Among other things, the panel extended the early calendar waiver for New Hampshire and took up 19 state delegate selection plans, clearing 15 of them as conditionally compliant. 

Much of it seemed straightforward enough. But then I read some of the recaps and kept asking myself if folks had watched the same meeting I had. Sure, rules can have their various interpretations, but these sorts of sessions — those where delegate selection plans are being reviewed — can be pretty technical, pretty black and white. Yet, that did not stop some folks from reading shades of gray into matters where there really is none. Or in the case of the New Hampshire waiver, seeing what they wanted to see.

The consideration of the Georgia presidential primary (and any waiver extension for it) at the DNCRBC meeting last week was one of those situations. Like New Hampshire, the presidential primary in the Peach state had a spot in the early window of the Democratic calendar reserved for it for 2024, but ran into resistance with Republican state officials back home. However, unlike the situation in New Hampshire, the date of the Georgia primary has been set by the secretary of state. That deal is done. 

And DNCRBC co-Chair Minyan Moore seemed to acknowledge that in her comments about what she and fellow co-Chair Jim Roosevelt would recommend to the committee. She conceded that, despite the efforts of Democrats in Georgia and nationally, Peach state Republicans would not budge. They would not cooperate with the proposed change. And though Moore did not acknowledge it, it was an entirely understandable position. Any Georgia primary in mid-February would have cost Peach state Republicans a sizable chunk of their delegation to the national convention in Milwaukee next summer. Their hands were tied. They always were with respect to a February 13 position under Republican National Committee rules. [There were, however, other early window options that may have worked.]

But after that explanation, Moore said…

“…it does not seem to make sense to extend the Georgia waiver at this point. Regardless, I think the foundation has been laid for 2028, and it is a discussion that we need to continue.”

The key phrase in that statement is the highlighted one, at this point. Its addition was enough for the Associated Press to say that the Georgia primary was in limbo, that the committee had “opted not to immediately offer such an extension to another battleground state, Georgia.”

Look, the at this point was in reference to 2024 in its entirety, not this particular point in the 2024 cycle. And the reference to 2028 should have driven that point home. There is no number of waivers that the DNCRBC could offer Georgia Democrats that could get the state-run primary out of that March 12 slot. None. It is not in limbo. It is set for 2024. And this discussion can continue. 

…for 2028.

But it should be noted that there is a loose thread in all of this. There still is no draft delegate selection plan from the Georgia Democratic Party. Its absence at this time could create enough uncertainty that one may be inclined to suggest that maybe a party-run primary of some sort is in the works. 

Maybe. 

But if that was the case, then the DNCRBC would have granted an extension on the Georgia waiver last week. They did not. And they held back on that waiver extension because Georgia is done. The primary is set. 

The committee is set to address delegate selection plans from the southern region at its July meeting, so this all should clear up to some degree by then. 




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Monday, June 5, 2023

The Rules Help Frontrunners in Both Parties, not just Trump

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

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Elaine Kamarck had a really good piece up over at Brookings late last week. Breaking the nomination process timeline into three parts -- invisible primary, early contests and everything -- could perhaps use another layer, the opening of the winner-take-all window on March 15, but that is a small quibble. The hypothesis that someone will have to trip Trump up in one of the early states to take him down is a sound one as well. 

But FHQ breaks with Kamarck on an earlier section she penned...
"A few months ago, I helped create the now conventional wisdom which says that a large field of challengers will help Trump because the Republican winner-take-all or winner-take-most delegate selection rules are tailor made for a candidate who holds a solid base among primary voters and who can wrack up a series of plurality wins."
First of all, this is not exactly wrong. Winner-take-all rules certainly would not hurt a frontrunner with a built-in base of support like Trump seems to have. However, that is not the only layer of the rules that might help. There is another facet of the delegate selection process in both parties that could also help frontrunners in a similar position: the qualifying threshold. After all, candidates in both parties have to receive a minimum amount of support to gain any delegates in the first place. It is a standard 15 percent across all states, territories and jurisdictions in the Democratic process, and although it varies on the Republican side, the qualifying threshold can be no higher than 20 percent. In fact, more Republican state parties moved toward the 20 percent maximum qualifying threshold for the 2020 cycle. That remnant from the changes for the last cycle will potentially benefit the former president as well. 

But it is not just Trump who is helped by such rules. Frontrunners of all stripes can reap the benefits of a qualifying threshold. Here is an example. Say Trump wins 40 percent of the vote in the Minnesota primary on Super Tuesday next year. Ron DeSantis comes in a distant second at 20 percent, enough to qualify for delegates under the proportional rules Minnesota Republicans used in 2020. Trump in that scenario falls below 50 percent, so the winner-take-all trigger is not activated. Yet, only he and DeSantis qualify for delegates. Only their collective vote counts in calculating how many delegates each is allocated. Trump would not receive 40 percent of the delegates. The former president would claim two-thirds of them. DeSantis would take the remaining third. While that is not all of the delegates going to Trump, it would be a fairly healthy net delegate advantage coming out of the state. And if replicated across other states on a Super Tuesday with a number of primaries and caucuses, the delegate count could get lopsided quickly.

And this is not just a Republican phenomenon. This very thing happened to Joe Biden on Super Tuesday in 2020. Yes, some of his competition dropped out after South Carolina (and before Super Tuesday) and endorsed the former vice president, but they were still on the ballot, gobbling up votes and hovering well below the qualifying threshold. Who was above it? Biden, Bernie Sanders and a revolving cast of characters who nudged above 15 percent barrier across the slew of Super Tuesday states. The result was that Biden built a large enough lead in the delegate count to pressure others to cease campaign operations thereafter. 

Look, this is not all just delegate selection rules. As Seth Masket pointed out last week, winnowing matters a great deal in all of this. But the fact remains that it is not just winner-take-all rules that help just Trump. The delegate selection rules in both parties help frontrunners. Kamarck is not wrong, but her hypothesis is a bit too narrowly crafted. 


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The Republican National Committee late last week also released the qualifying criteria for the first presidential debate this August in Milwaukee. Some candidates are already complaining. Others are too:
“It seems that the RNC is going out of its way to purposely narrow the field at one of the earliest times in the party’s history,” said a Republican consultant working for one of the presidential candidates who spoke on the condition of anonymity because they were not authorized to discuss the matter publicly. “And rather than finding a way for as many conservative voices to be heard by Republicans throughout the country, they are attempting to make this a two-man race.”
The RNC was going to catch some flak on this decision regardless, but this is much more about one candidate -- a dominant former president as frontrunner -- than it is about squelching the others struggling to gain support. How much lower than topping one percent in the polls was the national party supposed to go? The donor threshold is lower at 40,000 than it was for Democrats in their first debate four years ago. And Democrats managed to have 20 qualifiers across two debates on consecutive nights. The difference is not those on the low end. This is about the someone at the top end of polling crowding others out of a debate in which he may not even participate. 


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Invisible Primary quick hits:
  • In the endorsement primary, former Tennessee Governor Bill Haslam threw his support behind South Carolina Senator Tim Scott.
  • Never Back Down, the super PAC aligned with Florida Governor Ron DeSantis, started canvassing in New Hampshire, continuing to test the effectiveness of the practice outside of a traditional campaign.
  • Granite state Rep. James Spillane flipped his endorsement from Trump to DeSantis. [There has been some early churn in the endorsement primary between these two among state legislators. That may or may not be a story, but it signals that both sides are seemingly (and intensely) battling for the support of this subset of elected officials (especially in early states.]
  • And action (or inaction) over in Iowa may help explain why state legislators are so sought after: Republicans elected statewide are for the most part staying neutral for now. That is true in Iowa, Nevada and New Hampshire. South Carolina is the exception. Trump has endorsements from the governor and senior senator.

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On this date...
...in 1972, Los Angeles Mayor Sam Yorty withdrew from the Democratic presidential nomination race on the eve of the California primary.

...in 1984, in a series of five contests to end primary season, Colorado Senator Gary Hart won the delegate vote in California and primaries in New Mexico and South Dakota. Former Vice President Walter Mondale claimed victories in New Jersey and West Virginia.

...in 2012, both former Massachusetts Governor Mitt Romney and President Barack Obama swept primaries in California, Montana, New Jersey, New Mexico and South Dakota. Obama also took the caucuses in North Dakota.

...in 2016, former Secretary of State Hillary Clinton won the Democratic primary in Puerto Rico.

...in 2020, President Donald Trump won an online vote among Republican party leaders in Puerto Rico to take all of the delegates from the territory.



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Monday, May 29, 2023

What California Republicans Decide on Delegate Allocation May Matter a Lot. Here's how.

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...
  • FHQ Plus has been on a holiday (publishing) hiatus, but be on the lookout for a fun new post today or tomorrow. If you have been on the fence about subscribing to FHQ Plus, this one might be one to get you off of it. Come check out FHQ Plus.
If you haven't checked out FHQ Plus yet, then what are you waiting for? Subscribe below for free and consider a paid subscription to support FHQ's work and unlock the full site.


In Invisible Primary: Visible today...
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Over the weekend, there was a new poll out of California taking the pulse of, among other things, the state of the race for the 2024 Republican presidential nomination. The Institute of Governmental Studies (UC Berkeley) poll showed former President Donald Trump up big over Florida Governor Ron DeSantis in the Golden state. 

But there are some important factors to make note of about where the candidates are relative to one another in a Super Tuesday state that has undefined delegate allocation rules for 2024 at this point. Despite the sunsetting of the rules used in the largely uncontested 2020 Republican primary, California Republicans will not use the current winner-take-all by congressional district method that serves as a baseline method. Well, the state party will not use those allocation rules if they want to avoid losing half of their delegates under Republican National Committee (RNC) rules. 

So what are the alternatives? And perhaps more importantly, what strategic differences could they make for the candidates?

First of all, if the California Republican Party later this year readopts rules similar to those it used in 2020, then Trump would be looking at a big net delegate advantage coming out of the California primary. Granted, that would be weighed against delegates won by other candidates (or not) in other Super Tuesday states. But despite being a blue state, California remains the biggest delegate prize in the Republican process. 

But not as big as it could be.

While Trump, with a nearly two to one advantage over DeSantis in this poll, would hypothetically take a sizable net delegate gain from California, that big plurality would fall short of a majority. And under the 2020 rules, a majority win would activate a winner-take-all trigger for all 169 delegates. Again, Trump would miss out on that with just 44 percent support statewide. However, that 44-26 advantage would allocate the former president 106 delegates to DeSantis's 63. [No other candidates would qualify for delegates by virtue of missing the 20 percent threshold.] By narrowly missing out on a majority, Trump's delegate advantage goes from all 169 delegates to just 43. 

That is a big difference. Yes, a 43 delegate chunk like that is nothing to dismiss. But that is more easily neutralized across other Super Tuesday states for Trump opponents than if the former president had won all of the delegates from California. 

But what if California Republicans opted to split up the delegates, to not pool the at-large, RNC and congressional district delegates? That may also cut further in to any Trump advantage. The statewide results would only affect the allocation of 13 delegates, the at-large (10) and RNC (3) delegates. With a 44-26 win in a California primary, Trump would only win eight of those 13 delegates. DeSantis would be awarded the remaining five and again, no one else would qualify. 

By not pooling all of the delegates, the district delegates -- three per district -- would be allocated based on the result in each of the 52 congressional districts in the Golden state. Trump may win a majority in some of those, something that would net him all three delegates from such a district. But DeSantis may peak above 50 percent in some districts as well. The bigger thing may be the districts where no one wins a majority. The plurality winner would get two delegates and the runner up would get one. And if a third candidate qualifies in a handful of districts, it could, depending on how the rules are crafted, bring the winner (and assume that is Trump for the purposes of this exercise) down to just one delegate. The top three candidates over 20 percent would all get one delegate. 

Understandably, this gets messy in a hurry. However, the point here is that, depending on 1) the allocation rules and 2) how the primary vote is distributed across California, it could shrink Trump's net delegate advantage, making it more possible to neutralize the Golden state in the process. But it could also grow Trump's delegate advantage over the pooled allocation. Now imagine being one of the campaigns trying to figure this out.

Yes, it is just one poll. Yes, it is late May of the year prior to a presidential election year. Yes, there is a great deal of uncertainty still. But depending on the decisions the California Republican Party makes in the very early fall, it could make a big difference come Super Tuesday 2024. Rules matter.


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There are a lot of DeSantis analyses out there since the Florida governor officially joined the Republican presidential nomination race, but few are as thorough as Geoffrey Skelley's at FiveThirtyEight. It provides some nice perspective at the outset of DeSantis 2024. 


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Invisible Primary quick hits:
  • NBC News has a good summary of the current state of the endorsement primary. [As an aside, FHQ does not know why RNC member is included as an endorsement category in their analysis. Those three RNC members from each state and territory are ultimately going to be bound delegates next year. Those folks are going to stay (publicly) neutral in the vast, vast majority of cases. There will not be many (if any) endorsements there.]
  • After stops in Iowa and New Hampshire after his own launch, South Carolina Senator Tim Scott came home to the Palmetto state over the Memorial Day weekend for a town hall in the Low Country. Scott also has a fundraising trip out west in San Diego planned for mid-June (money primary).
  • New Hampshire Governor Chris Sununu joined the chorus of prospective Republican candidates suggesting that a presidential announcement is coming "in the next week or two." Chris Christie has sounded similar calls in recent days.
  • Vivek Ramaswamy swung back through Iowa over the weekend. 
  • Never mind what a crowded field might do to the 2024 Republican race, Iowa Senator Chuck Grassley says it is good for the Hawkeye state and the Republican Party.
  • Not that it is a secret, but aides to North Dakota Governor Doug Burgum are (anonymously) confirming that the launch of presidential campaign is imminent


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On this date...
...in 1975, former North Carolina Governor Terry Sanford entered the 1976 race for the Democratic presidential nomination. And New Hampshire Governor Mel Thomas signed HB 73 into law. This is the now famous (or infamous depending on one's perspective) law on the books in the Granite state that gives the secretary of state the discretion to set the date of the presidential primary, directing them to keep it seven or more days ahead of any similar election

...in 2012, former Massachusetts Governor Mitt Romney won the Texas Republican primary and surpassed the number of delegates necessary to claim the 2012 Republican presidential nomination.



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Sunday, May 21, 2023

Sunday Series: Biden, Incumbent Presidents and Setting the Rules of Renomination

This past week has been a week in which Iowa, New Hampshire and the 2024 presidential primary calendar have come back into clearer view. 

Iowa Republicans are reported to be simultaneously planning on January caucuses, but lamenting the uncertainty that Hawkeye state Democrats have thrust upon the overall scheduling process by insisting on a vote-by-mail presidential preference vote.

In New Hampshire, Democrats continue to 1) resist DNC calendar changes that would push the state out of the first primary position in 2024 and 2) refuse to consider alternatives to a "predicament ... of the president's own making."

And to compound matters, Biden surrogate and 2020 nomination kingmaker Rep. Jim Clyburn (D-SC) recently "said the quiet part out loud," noting that the DNC calendar changes for 2024 were made with Biden "avoiding embarrassment" in Iowa and New Hampshire in mind.

Dems in disarray, right? What is the party doing?

Well, outside of the takes generator that is spitting out tales of Democratic own goals with respect to the national party and the 2024 Democratic presidential nomination process, there are a few big picture things going on that many are glossing over. Most of it is typical of incumbent parties defending the White House and some of it is new to 2024. 

Coalition maintenance
The macro view of what the Democrats have done and are doing for the 2024 cycle is twofold. First, the Biden administration and the Democratic National Committee under it are doing what big tent parties tend to do. Namely, the party is tending to constituencies in an effort to maintain the winning coalition from 2020. And some of that, through a zero-sum lens, is the messy business of picking winners and losers, choosing which policies and other actions to prioritize. 

So, there has been a push to continue to appeal to black and brown voters who are the bedrock of the party's coalition. Voting rights and criminal justice reform met resistance in Congress, but the Biden administration advanced the cause of representation on the nation's highest court by seeing the nomination of Ketanji Brown-Jackson through to her installation, thus fulfilling a campaign promise. Along the same lines, the president pushed for a change in the early calendar lineup of states for the first time since the 2008 cycle. And importantly, the administration once again attempted to elevate the voices of black and brown voters in the nomination process by supplanting Iowa and New Hampshire with South Carolina in the lead-off spot. 

But beyond mere constituency concerns on that calendar decision, there were clear winners and losers. South Carolina won. Michigan won. Iowa and New Hampshire, on the other hand, both lost. Each lost, and in New Hampshire's case, Democrats there were resistant and have remained defiant. And while the national party decision was perhaps out of the ordinary, the reaction in the Granite state has not been. And while that reaction has added some drama (and the attention that comes along with it) to an incumbent presidential renomination process that is unlikely to offer much of it, it does once again point out just how difficult it is to alter institutions that have long since become normalized fixtures of the presidential election process. 

Again, if it was easy to change, then any number of component parts of the presidential nomination process -- including but not exclusively Iowa and New Hampshire -- would have been changed by now. Grumbling about Iowa, New Hampshire and their positions atop the presidential primary calendar is not new. It did not just start in 2020 when Iowa Democrats botched their caucuses. That grousing goes back years

However, the extent to which the subject has arisen between elections has ebbed and flowed, but it always comes up. In some years, like between 2004 and 2008, the party examined it closely. The result was that Nevada and South Carolina got added to the early window (and before the fallout from Florida and Michigan, Nevada's Democratic caucuses were to have been between Iowa and New Hampshire). In other cycles, such as between 2008 and 2012, Iowa and New Hampshire came up but the Rules and Bylaws Committee punted, saving the battle for another time.  

But to reiterate, it always comes up. And that pre-2012 example is instructive. That was the last cycle that a sitting Democratic president was seeking renomination. Theoretically, the stakes are lower in those times than they are or would be in a competitive nomination environment. It is then, or in the case of the 2024 cycle, now that a change in the early calendar would hypothetically be easiest. And it may, in fact, be easier than if this were a seriously contested cycle, but uprooting Iowa and New Hampshire is by no stretch of the imagination easy. If anything, Team Biden is bearing witness to just how not easy it is right now. 

So why take on the task of changing the calendar at all? 

Well, coalition maintenance is one answer. Creating a more representative early calendar lineup of states is and has been a long-time priority to some within the broader Democratic Party network. And just like changing the superdelegate rules for the 2020 cycle, it was not only a priority but there was sufficient support for the reform within the DNC. Yet, unlike the case of the superdelegate reform -- thorny as that was -- reforming the early calendar is not completely within the jurisdiction of the national party. Ultimately, credentialing and seating delegates from a state that has followed its state law and happens to be rogue relative to national party rules is within the DNC (or the convention's) purview, but bringing that to fruition and keeping Democrats from said rogue (and aggrieved) state out is a long process with a number of potential pressure points along the way that makes it politically difficult. 

It may be that Iowa and New Hampshire's time has simply come. But Iowa and, to a seemingly larger degree, New Hampshire will have something to say about that. 


Strategic considerations
Perhaps, then, the coalition maintenance hypothesis is not fully adequate to answer the "why take this task on now?" question. Maybe there are strategic concerns too. But even that explanation seems dubious. Before all of this, it was not exactly clear that Iowa and New Hampshire were going to make life, much less renomination, difficult for President Biden in 2024. No challengers of any great import were champing at the bit to throw their hats in the ring and attempt to dethrone a sitting Democratic president. Sure, California Governor Gavin Newsom and Illinois Governor J.B. Pritzker were both doing some of the things that potential presidential aspirants do, but it is also difficult to tease out whether that was midterm campaign activity/surrogacy or something else (like laying the groundwork in case Biden did not run). It also is not clear that either governor shut the door on a run (and have subsequently joined Biden's reelection advisory board) because Team Biden made the calendar "harder" for challengers. The calendar change was merely another signal that the president intended to run and that in supporting the change, the DNC was behind him. All this despite the fact that the guessing game on whether Biden would run persisted well into 2023 after the initial DNC Rules and Bylaws Committee vote on the calendar. 

But take a step back for a moment. How common is it for sitting presidents and their parties to create favorable conditions for a renomination bid? The answer is that it is quite common. And it is probably better cast as reducing token resistance rather than some nefarious attempt to squelch democracy. 

In the past, all of this has mainly fallen into two categories: not holding primary debates and cancelling or downscaling contests (cancelling caucuses or shifting from primaries to caucuses). Both parties have done this. When was the last time an incumbent party sponsored a presidential primary debate? The RNC went so far as to eliminate the national party rule calling for a committee to sanction debates in 2020 only to bring it back for 2024. And yes, Republican state parties cancelled or downscaled a number of contests for the 2020 cycle, but those were not precedent-setting actions. Instead, it was par for the course. It is so commonplace that one almost has to skip incumbent years in gathering time-series data on presidential primaries (depending on the research question). In my own research on the movement of primaries and caucuses, it is next to useless to account for incumbent party years. State parties opting out of state-run primaries and primaries being cancelled because of only one candidate making the ballot make it nearly impossible. 

And how does the DNC look on both of those fronts for 2024? For starters, there are no plans for primary debates. But it is a funny thing on cancelled and downscaled contests. It is more difficult now than it has ever been to do either in a Democratic presidential nomination contest. Notice that Iowa Democrats are not talking about cancelling the caucuses like Republicans in the Hawkeye state did in 2020 to avoid any of the calendar messiness that has supposedly gripped the 2024 Democratic process. In fact, Iowa Democrats are going in the opposite direction. The party is planning on making the caucuses meaningless with respect to delegate allocation and adding a presidential preference vote(-by-mail) to allocate delegates. No states are planning on cancelling caucuses. There are none left now that Iowa and Nevada off the board. [Wyoming Democrats cannot decide if the party wants to call their process in 2024 a caucus or a party-run primary.] 

Why?

DNC encouragements added to Rule 2 for 2020 require state parties to provide for open and accessible contests. Parties have to demonstrate in their delegate selection plans that they are doing all they can to create the most open and accessible process possible. And state parties have heeded that guidance in practice in 2020 and in draft delegate selection plans for 2024. 

As a result of that rules change, the DNC and Team Biden did not have cancelling or downscaling contests as an option to potentially help streamline the process against token opposition. One avenue available as a streamlining opportunity, however, was the primary calendar order. And there, the options were limited. The status quo was an option. The path of least resistance in setting the rules was always to keep Iowa and New Hampshire as the lead-off contests (or shunt Iowa out of the early window because of 2020 and move New Hampshire up).

But does an incumbent president and/or the national party behind them want to leave to chance the start of a nomination process in two states where the president did not even win during the previous nomination cycle (even against token opposition in the coming cycle)? It certainly could all work out. But it could also be a situation like President Lyndon Johnson failing to meet expectations in New Hampshire in 1968 despite winning. And it is worth pointing out that Donald Trump still has not won the Iowa caucuses. He lost in 2016 and the caucuses were cancelled for 2020. Biden does not have the luxury, under DNC rules, of Iowa Democrats simply cancelling their caucuses next year. 

No, the alternative was to explore an alternative early calendar lineup, something the DNC Rules and Bylaws was already considering through a process that eliminated for 2024 guaranteed spots for traditional early states. It was a process open to any an all states that wanted to make a pitch. And the Biden administration took that opening -- the process of states applying for those early slots -- to swing for the fences.

They pushed a plan that placed South Carolina first, the first state the former vice president had won in 2020. But that was not exactly the driver behind the calendar decision. Shifting African American voices to an earlier position on the calendar was a priority but the options were limited in terms of states that the DNC could feasibly get into place. Look at the Georgia experience. Try as they might, Democrats nationally and in Georgia could not convince a Republican secretary of state to commit to the plan to add the Peach state to the mix. And the same would have been true for any other southern state with high levels of black and brown voters. Republican-controlled state governments stood in the way.

The exception?

South Carolina. Since the date-setting authority in the Palmetto state is in the hands of the state parties, the South Carolina primary could be moved into an even earlier position on the calendar with relative ease. 

This is not some grand conspiracy. The whole process has been one that, in part, has done what past incumbent presidents have done. However, due to rules changes on the Democrats side, the Biden team could not do exactly what past incumbents running for renomination have done. Instead, they took a calendar process already underway (and open) before the DNC Rules and Bylaws Committee and used it to break a long standing precedent (Iowa and New Hampshire up front), fulfill a priority for many in (and out of) the party in the process (uprooting Iowa and New Hampshire) and potentially streamline a nomination race in which Biden was already the overwhelming favorite. 

...just like other incumbents in the post-reform era. 



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Saturday, May 13, 2023

[From FHQ Plus] About the California Republican Party Delegate Rules for 2024

The following is a cross-posted excerpt from FHQ Plus, FHQ's new subscription service. Come check the rest out and consider a paid subscription to unlock the full site and support our work. 

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Seema Mehta at the LA Times had a nice piece up today on Republican delegate allocation in California for 2024. The premise was that the winner-take-all by congressional district rules would grant greater voice to the small number of Republican voters in large urban areas compared to the more conservative areas of the state.

And sure, under the Republican National Committee (RNC) delegate apportionment scheme every congressional district — red, blue or purple — counts the same: three delegates each. As Mehta put it:

It doesn’t matter if it’s former House Speaker Nancy Pelosi’s San Francisco-based district, home to 29,150 registered Republicans, … or current House Speaker Kevin McCarthy’s district centered in Bakersfield, where 205,738 GOP voters live.

Mathematically speaking, it makes some strategic sense for campaigns to chase the districts with the smaller number of partisans. Very simply, the return on investment is greater. And there was some evidence of this in the 2016 race as FHQ noted in Invisible Primary: Visible earlier this year

But here is the thing: California will have a Super Tuesday primary next year. And that March 5 date is prior to March 15 when the winner-take-all prohibition under RNC rules ends. As a result, California Republicans utilizing a winner-take-all by congressional district delegate allocation method before March 15 would be in violation of those national party rules and cost the party half of their 169 delegates under Rule 17(a). 

How did it come to this? Is the California Republican Party deliberately flaunting RNC rules? It does not really look that way. 

To start, the baseline set of national convention delegate allocation rules is a winner-take-all by congressional district method. That has not changed in recent years. What did change in 2019 was that the party adopted a set of allocation rules that were more proportional for 2020 and complied with RNC rules for that cycle. But they sunset in 2021.1 That means that the baseline winner-take-all by congressional district rules are the rules for 2024. 

…for now.

But that will likely change and FHQ bases that on a couple of factors. First, nothing dealing with national convention delegates was even on the March state convention agenda with respect to bylaws changes. Of course, nothing had to be. There is a baseline set of allocation rules in place already that snapped back into action once the 2020 rules expired. 

Second, however, this is setting up just like 2019 when California Republicans faced the same dilemma heading into September ahead of their fall state convention that year. Staring down the prospect of RNC penalties if the party did not change the winner-take-most rules, California Republicans at the late September 2019 state convention adopted the proportional allocation scheme that sunset in 2021, a more proportional set of rules

And California Republicans have a September 2023 state convention lined up right before the RNC deadline to submit rules for the 2024 cycle to the national party on or before October 1. 

The question that emerges from this is why did the 2020 California allocation rules have to expire at all? It makes sense from the state party’s perspective to sunset the proportional rules if there is even an outside shot that the RNC would change its requirement for proportional rules during the early part of the calendar. But the RNC held steady and mostly carried over the same 2020 rules to the 2024 cycle when it finalized the rules package in April 2022. There is no evidence that the national party has subsequently made any additional changes (and could not after September 30, 2022 anyway under the restrictions on further rule amendments in Rule 12).

Look, San Francisco Republicans may dream of a bigger voice in 2024, but they are unlikely to get it if the state party wants to have its full voice at the Republican National Convention in Milwaukee in summer 2024.



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Thursday, May 11, 2023

A reminder about Iowa Republican Delegate Allocation

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...
  • Missouri's presidential primary comeback remains in limbo and Pennsylvania could be a primary calendar wildcard deep into 2023. All the details at FHQ Plus.
If you haven't checked out FHQ Plus yet, then what are you waiting for? Subscribe below for free and consider a paid subscription to support FHQ's work and unlock the full site.


In Invisible Primary: Visible today...
...
FHQ is not going to make much of poll of potential Republican caucus-goers in Iowa eight months away from the lead off caucuses. But I will do that thing that I do as a reminder. Trump's 54 percent to 24 percent advantage over DeSantis in the poll would net him just more than half of the delegates available in the Hawkeye state in 2024. Trump hypothetically pulling more than half of the support of those caucusing would not trip a winner-take-all trigger in a state that is strictly proportional with no official qualifying threshold to win delegates. 

But recall that under current Republican Party of Iowa rules, those delegates are only proportionally allocated during primary season. If there is only one name placed in nomination at the national convention in Milwaukee next year, then all of the delegates from Iowa will be bound to that candidate on the first ballot. That caveat makes the Iowa delegate allocation -- or the binding of those delegates, really -- akin to the National Popular Vote plan that would award a state's electoral college votes in the presidential election to the national winner rather than the state winner. But again, that is only if there is just one name placed in nomination for the roll call vote as has become the custom. If there is a break in that trend, and more than one candidate makes the ballot, then the proportional allocation from primary season would carry over to the roll call vote. 

File that one away for later.


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There are very few candidates, of either party, in nonincumbent races who were near or north of 50% in the national primary polls this early on. Those included Republicans Bob Dole in 1996 and George W. Bush in 2000, and Democrats Al Gore in 2000 and Hillary Clinton in 2016. All of those candidates won their party’s nominations, and none of those races were particularly close.
The interesting extension of that is what an early prohibitive favorite for a nomination does to the resulting field of candidates. Bush, Clinton and Gore all avoided a great number of opponents, viable or otherwise. Dole may have held an early lead in 1995 but that Republican nomination race drew more than a few candidates into the competition who had the conventional characteristics of successful nominees even if they did not ultimately take off (Phil Gramm or Lamar Alexander, for example). 

But as with many other things, Trump is unique. The former president's legal wranglings create just enough doubt about 2024 as to lure some folks that might otherwise pass on a run against an internally (intra-party) popular former president into the race. Just yesterday I drew a parallel between the size of the 2016 Democratic field and that of the emerging 2024 Republican field. And while there is some truth to that, it will likely not be a field that is quite as small as the 2016 Democratic group or without conventionally qualified competition. The 2024 Republican presidential nomination race is likely to feature a field of candidates that is smaller than the 2016 Republican race, but with more concentrated quality (a former vice president, a former governor/UN ambassador, a well-funded senator and a popular governor and rival from the same state as Trump) than existed on the list of 1996 Republican aspirants. 


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Quick hits:

...
On this date...
...in 1976, as a marker of how different the early cycles of the post-reform era were, contests remained competitive in both parties nomination races. President Gerald Ford and former California Governor Ronald Reagan split primaries in Nebraska and West Virginia. Reagan took the former, the only seriously contested primary of the day. On the Democratic side, former Georgia Governor Jimmy Carter narrowly won caucuses in Connecticut, but lost to Idaho Senator Frank Church in Nebraska and to favorite son, Senator Robert Byrd in West Virginia. 

...in 2004, Massachusetts Senator John Kerry swept the primaries in Nebraska and West Virginia. 

...in 2011, former Speaker Newt Gingrich officially joined the race for the 2012 Republican presidential nomination.



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Monday, May 8, 2023

The Lessons of the 2016 Republican Presidential Nomination Process, Redux

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...
If you haven't checked out FHQ Plus yet, then what are you waiting for? Subscribe below for free and consider a paid subscription to support FHQ's work and unlock the full site.


In Invisible Primary: Visible today...
...
There are a couple of inter-related themes that FHQ has revisited in this space with respect to the 2024 invisible primary. One is attempting to assess where former President Trump is (in 2023) on a scale of Trump 2015 to Trump 2019. In other words, across an array of measures -- fundraising, endorsements, organization, etc. -- is the former president closer to where he was in 2015 as a first-time candidate or 2019, when he carried the advantages of incumbency and the Republican Party infrastructure behind him? 

The other theme focuses on lessons various actors involved in the Republican presidential nomination process have learned from and since the last competitive nomination cycle in 2016. One such lesson Team Trump has taken to heart is to not take the delegate selection portion of the process for granted. While they may have been out-hustled on that front in 2016, the Trump campaign of 2019-20 designed a set of rules at the national level and pushed for changes on the state level that would ward off challengers, yes, but maximize the number of delegates the president would win in the process on his way to claiming a second nomination as well. 

Fast forward four years and Trump no longer enjoys the trappings of the office of the presidency nor the direct backing of the Republican National Committee. But the lessons of 2016 have not been forgotten. Team Trump is using a network of connections forged during his time in the White House to potentially influence the state-level delegate selection rules for 2024 if not some of the future Republican delegates in 2024. Politico's Alex Isenstadt updated his March story with further details of Team Trump's outreach to state party leaders. And it is clear that, despite doubt about Trump's delegate rules acumen in opposing campaign networks, the former president is mindful of the shortcomings of the 2016 operation and tending to the relevant state-level players to avoid a repeat in 2024.

Isenstadt leads with the recent effort to woo Republicans from Louisiana. And that is an interesting test case. Yes, the Cruz campaign lapped Trump in delegate selection in the Pelican state after Trump won the primary there. But that was not unusual in 2016. The Cruz campaign was adept at exploiting the intricacies of the delegate rules to their advantage where available. However, the Trump reelection effort in 2019-20 cleaned up much of that. Louisiana Republicans, for example, greatly streamlined their process from 2016 for 2020. A later primary date in the 2020 cycle allowed the state party to use truly winner-take-all rules to allocate and bind all of the state's delegates to the winner of the primary. 

Now, there is a delegate rule story (or many more) in every state, but this Louisiana example is instructive. Team Trump likely wants the party to utilize rules that more closely resemble the 2020 rules with respect to allocation and binding rather than those of the 2016 plan. And they are doing that outreach not only to Louisiana Republicans but Republicans in state parties across the country. Importantly, according to Isestadt's reporting, all signs point toward the president not only having a head start in these efforts but that his campaign is the only one wooing state party actors at this time.

Together, all of this is important and worthy of continued tracking. Trump wants to maintain for 2024 as much of the baseline rules from 2020 as possible


...
Team Trump is not the only one working those who will make decisions on the rules that will govern the 2024 Republican presidential nomination process on the state level. Vivek Ramaswamy was in Michigan this past weekend and he made the case for Michigan Republicans to conduct a primary next year rather than caucuses. Yeah, the state party will need a waiver from the RNC no matter what they decide.


...
FHQ has raised Trump's standing with evangelicals in response to a number of stories that emphasize each side of a divide with his falling support among the group on one side to his continued good standing there on the other. Seth Masket has a good one that mostly falls into that latter category, casting Trump's relationship with white evangelicals as transactional and that, because Trump delivered for them during his time in the White House, he remains in good shape with that particular demographic. Good piece.


...
On this date...
...in 1984, former Vice President Walter Mondale won the Maryland and North Carolina primaries while Sen. Gary Hart's narrow victories in Indiana and Ohio kept his campaign alive for the 1984 Democratic presidential nomination.

...in 1987, Gary Hart dropped out of the 1988 Democratic presidential race (for the first time that cycle) after reports of an extramarital affair surfaced.

...in 2012, former Massachusetts Governor Mitt Romney was three for three against nominal competition in the Indiana, North Carolina and West Virginia primaries as he closed in on securing the delegates necessary to claim the Republican nomination.



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Sunday, May 7, 2023

Sunday Series: There's no budding feud between Iowa and New Hampshire, but the Democratic parties in each are approaching 2024 differently. Here is how.

Much happened this past week with respect to the maneuvering at the very front of the 2024 presidential primary calendar. Iowa Democrats finally revealed an initial draft of their 2024 delegate selection plan. In the General Assembly in the Hawkeye state, the Senate pushed through a bill intended to protect the first-in-the-nation caucuses that now heads to Governor Kim Reynolds (R). And the motivation, at least part of it anyway, for that bill was to further insulate the caucuses from triggering the first-in-the-nation law in fellow early state, New Hampshire. 

But in the rush to draw battle lines between the pair of traditionally early states -- battle lines that do not really exist in the first place -- many missed an important story developing in plain sight. In the face of new calendar rules for 2024 on the Democratic side, state Democratic parties in Iowa and New Hampshire are taking vastly different approaches to protecting their early calendar turf. 

In the Granite state, Democrats started off defiant in December when the new DNC calendar rules were unveiled, have stayed defiant and give every indication that they intend to see this through to the national convention next  summer if they have to. Much of that defiance has come directly from the state parties and elected officials in the Granite state of all partisan stripes. But it is also right there in the delegate selection plan New Hampshire Democrats released back in March:
The newly released draft DSP specifies no date, a break from the past protocol. Additionally, it says what New Hampshire Democrats have been saying for months
The “first determining step” of New Hampshire's delegate selection process will occur on a date to be determined by the New Hampshire Secretary of State in accordance with NH RSA 653:9, with a “Presidential Preference Primary.” The Republican Presidential Preference Primary will be held in conjunction with the Democratic Presidential Preference Primary.
And, in truth, Iowa Democrats have not been saying much different from what their brethren in the Granite state have been. In February, new Iowa Democratic Party Chair Rita Hart was quick to strike a similar tone to New Hampshire's above in the immediate aftermath of the full DNC vote to adopt the 2024 rules.
“Iowa does not have the luxury of conducting a state-run primary, nor are Iowa Republicans likely to support legislation that would establish one. Our state law requires us to hold precinct caucuses before the last Tuesday in February, and before any other contest.”
Of course, none of that is surprising. Folks from both Iowa and New Hampshire have uttered similar things in past cycles when the calendar positions of each have been threatened. The mantra is simple in both states (for better or worse): When in doubt, lean on the state laws that protect the caucuses in Iowa and the New Hampshire primary. But on the surface this past week, it looked like Iowa Democrats were now doing the same thing in their delegate selection plan that New Hampshire Democrats did in March in theirs. Which is to say, it looked like the party was planning to defy the national party rules. 

Headlines that made their way to the fore after the release of the plan seemed to reflect that: "Iowa Democrats plan to caucus same night as Republicans." But under the hood, in the weeds of the Iowa Democratic Party delegate selection plan, the state party was telling a different story. The caucuses will take place on the same night that Iowa Republicans caucus. And that is likely to be sometime in January 2024. However, those precinct caucuses, at least according to the plan, will have no direct effect on delegate allocation in the Iowa Democratic process. It is not, to use the DNC terminology, the first determining step, the part of the process where voters indicate presidential preference which, in turn, determines delegate allocation. That is the step the DNC is watching. That is the step that would draw penalties should it occur prior to March 5, 2024, the first Tuesday in March for this cycle. 

What the DNC Rules and Bylaws Committee is concerned with is when that all-mail presidential preference vote concludes. It is that vote that will affect delegate allocation. Like the New Hampshire primary in the delegate selection plan in the Granite state, the date the preference vote is set to conclude was left unspecified. If the end of that vote-by-mail process coincides with the likely January caucuses, then it would be a problem. If the point at which the preference vote results are revealed falls later in the calendar, it may not (depending on where that is). 

The key here is that Iowa Democrats are more clearly than ever bifurcating the allocation and selection processes. Their plan does not roll everything into one "caucus" as has been the case in past cycles. The January caucuses will only advance the delegate selection process. That will not influence delegate allocation. Even if delegates aligned with, say, Marianne Williamson were to move to the county stage from the precinct caucuses and set themselves up to be selected to move on to the district and state convention stages, that would not mean that they would be eligible to fill any Biden-allocated slots (as determined by the preference vote). That is something that can occur in the Republican nomination process, but on the Democratic side, the candidates and their campaigns have the ability to approve the delegates that are pledged to them. It is a failsafe the Republican process does not have. 

Bifurcation, then, allows Iowa Democrats to have their cake and eat it too. They can continue to hold first-in-the-nation caucuses (as part of the selection process) that complies with state law but also comply with DNC rules by using a later vote-by-mail presidential preference vote as the first determining step in the allocation process. 

One could argue that there is a structural difference between Iowa and New Hampshire in this instance. The Iowa Democratic Party has more control over its party-run process than New Hampshire Democrats do with respect to a state-run presidential primary. And while that is true, it also obscures the fact that New Hampshire Democrats are not completely without discretion here. Granite state Democrats have chosen to live free or die with the state-run primary option as a means of protecting the first-in-the nation institution. 

But New Hampshire Democrats do have a choice. The state party has the same first amendment/free association rights as the state Democratic Party in Iowa. But they have chosen -- and folks, it makes sense for them to do so politically in New Hampshire -- to stick with the state-run primary rather than explore other options. That could be some party-run process or lobbying majority Republicans in the New Hampshire General Court to create a carve-out for either the Democratic Party or the party with an incumbent president running for reelection. As an example, there could be a state-run/state-funded option for Democrats aligned with town meeting day in March

But again, New Hampshire Democrats have chosen a different path in response to the new DNC calendar rules than Iowa Democrats have. And as FHQ has argued, New Hampshire Democrats may be vindicated in the end. They are banking on the fact that the national party will cave at the national convention and seat any New Hampshire Democratic delegates if the fight lasts that long. 

In the near term, however, Iowa Democrats are differently approaching the threat to the caucuses (or what they are continuing to call caucuses). Their plan, rather than coming out defiant buys the state party both time and flexibility. And both are useful as the DNC Rules and Bylaws Committee moves into the job of reviewing and approving 2024 delegate selection plans. Continued New Hampshire defiance in that process coupled with the flexibility the Iowa Democratic Party plan provides them means that, should New Hampshire Democrats draw sanctions from the DNC, then Iowa Democrats are well-positioned to make the case that their vote-by-mail presidential preference vote should be a part of the early window. That part of the process may not be first -- the caucuses, after all, will be in the selection phase -- but the all-mail preference vote could make the cut. 

...if the DNC feels compelled to keep four or five [compliant] states in the window before Super Tuesday. South Carolina, Nevada and Michigan are already there. Could more states be added? Iowa and Delaware, where things have been quite quiet, could be poised to move into that area of the calendar

The bottom line here is that there is no budding feud between Iowa and New Hampshire. Yet, the in the face of threats, state Democratic parties in each are taking on the new challenge in markedly and notably different ways. That is a story that merits more attention than any attempt to manufacture some non-existent calendar drama between the two. 



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Sunday, April 30, 2023

Sunday Series: Have the Democrats Actually Created Calendar Chaos for 2024 and Beyond?

There have been a number of stories written over the last several months about the calendar rules changes the Democratic National Committee adopted at its winter meeting in Philadelphia back in February. And a number of them find the space to add a footnote about 2028. That, and this is a paraphrase, if Biden runs against only token opposition, then the calendar changes may not mean a whole lot in 2024 and may not last beyond then.

With President Biden officially announcing his reelection bid this past week, stories of that ilk have forced their way back onto the printed page, virtual or otherwise. That includes the narrow genre of "forfeiting New Hampshire" stories but also some broader overviews of the calendar changes that lean heavily on the uncertainty -- if not CHAOS! -- created by the DNC changes.1 Ben Jacobs had one such piece up at Vox in the wake of the president's announcement. 

First of all, let's clear the air. 2028 is a long way off. Much will happen between now and then. The events that occur will affect the next things that happen and so on. Yes, even all the way to 2028. It goes without saying, then, that this 2024 calendar trial run will have some impact on the rules that are ultimately adopted by the DNC for the 2028 cycle. But just how much impact?

After all, that is what 2024 is for Democrats: a trial run. It is a trial run that seems likely to occur under less than competitive conditions and offer little in the way of lessons that can be carried over into subsequent cycles. From a purely academic standpoint, the DNC is not going to learn much from moving South Carolina to the first position for 2024. Rules makers in the party will not be able to step back and say, for example, that the South Carolina primary was any more or less determinative in identifying a nominee in 2024 than it has been in the past. Now, that is not to say that there is not meaningful symbolism in the change at the top of the calendar, but rather, that the learning opportunities for the national party from the Iowa-for-South-Carolina swap in 2024 -- with the 2028 rules in mind -- are likely to be limited. 

But again, 2024 is a trial run and one that is unlikely to be completely devoid of learning opportunities for the national party. It is just that those chances will not come from how effective South Carolina was as a lead-off contest, or for that matter, what Michigan's primary would mean at the end of the pre-window period. Instead, the most learning will come from what has and is seemingly likely to dominate the stories of the Democratic nomination process at the outset in 2024: New Hampshire (and maybe Iowa) versus the DNC.


Penalties
Any lesson gleaned from the 2024 process, then, is much more likely to come from the penalties side than anywhere else. And the early signals are that those penalties -- and the DNC -- will get a fairly stern test from New Hampshire if not Iowa. Democrats from the Hawkeye and Granite states have been quick since the winter meeting vote (but also since the December DNC Rules and Bylaws Committee (DNCRBC) adoption of the changes) to cite state laws that tie their hands with respect to (timing) compliance with the new calendar. And that foreshadows some lengthy brinkmanship in the weeks and months ahead.

Of course, there will be exit ramps along the way. The DNC adoption of the calendar rules, however, probably forestalls any retreat by the national party in the near term. But Iowa and New Hampshire Democrats will have to submit draft delegate selection plans (DSPs) to the DNCRBC in spring 2023. Democrats in the Granite state already have ahead of the May 3 deadline this coming week. However, ultimately the state parties will have to have those DSPs approved (or rejected) by the DNCRBC in the summer or early fall. If one or both of the state parties formally defy the rules in those draft DSPs or leave the contest date blank in them -- the latter is the route New Hampshire Democrats have chosen -- then that likely entrenches both sides even further. It is soon after that point that the DNCRBC is likely to not only apply the delegate penalties -- an automatic 50 percent reduction -- but to up them to a full 100 percent reduction of the delegation.

The temptation then is to fast forward to January 2024 when New Hampshire (and maybe Iowa) potentially hold rogue contests despite those national party penalties. However, that would miss a key component of the rules changes for this cycle: candidate penalties or rather, the result of potential candidate penalties. The president has thrown his hat in the ring for the Democratic nomination, and his team has already signaled that he intends to abide by the rules the party Biden leads adopted for the 2024 process. Part of those rules include a prohibition on candidates campaigning in states with rogue primaries and caucuses. And part of the new and broader definition of "campaigning" for 2024 is filing to appear on the ballot in a rogue state. 

Iowa and New Hampshire have already acquired one asterisk in the Democratic presidential nomination process because neither is as diverse as the national Democratic electorate. But Biden not being on the ballot would add another asterisk to any results in 2024 and subsequently hover over consideration of the traditionally early pair as possible early calendar states in future cycles. 

And while that may be, the counter to all of that has always been that Iowa and New Hampshire do not really have that many delegates anyway. Wins in either, it has often been said, are more about the wins themselves and resulting momentum they generate than they are about the delegates accrued. True, but the flip side of that -- the rejoinder to the not that many delegates response -- is that Iowa and New Hampshire do not have that many delegates

What the DNC has really done for 2024 is create uncertainty for future cycles. Theirs has been a destabilizing action. Neither Iowa nor New Hampshire are delegate-rich. Both are already discounted contests. Furthermore, both would take some additional hit if they go rogue in 2024 and more so when the president (likely) does not file to appear on the ballot in one or both states.2 Going rogue will, in turn, draw the ire of at least a portion of those among the DNC membership who will make future decisions on the calendar. [That says nothing of Iowa and/or New Hampshire laying the groundwork for some fringe candidate to win either or both rogue contests.]

If you are a prospective 2028 Democratic presidential candidate, are you going to be champing at the bit to get into the Granite state and start campaigning in 2026, for example? In some cases, yes! [Rep. Ro Khanna (D-CA) has already dropped in on the Granite state and plans to return next month.] It is a potential badge of honor to campaign against the national party establishment sometimes. That potentially carries with it some cachet that may move voters in and outside of New Hampshire (and/or Iowa). But it is not clear at this point that one candidate bucking the national party is going to start a rush into the Granite state given all the caveats above. 


Other deterrents 
The delegate penalties assessed on candidates by the national parties for campaigning in a rogue state are one thing that may buttress against that. But the history of the post-reform era has shown that there are other tools at the disposal of, if not the national party, then other early states. In fact, it was actors in Iowa and New Hampshire over the last half century who demonstrated the effectiveness of those alternative tools: pledges to boycott rogue states threatening the position of the early states.

Only, now the shoe is on the other foot, and it would be New Hampshire (and maybe Iowa) who are the threats and not the threatened in this and future cycles. What if South Carolina repeats as the DNC-sanctioned first state in 2028? Are candidates in a competitive 2028 field really going to snub Palmetto state Democrats to face voters in Iowa and New Hampshire? The better question is perhaps whether South Carolina Democrats will allow the candidates to campaign in rogue states without paying a price. That is what Iowa and New Hampshire have done over the years. They have used the protection of the DNC waiver (granting them early status) to effectively blackmail candidates. "Sign this pledge to stay out of that rogue state or you are done here (in Iowa or New Hampshire)." It has been a threat to kill a candidate's campaign before it really starts. 

That strategy has worked for the traditional early state duo in the past -- see 1996 or 2012 for a couple of examples -- and it can be used against them in the future (if they do not have sanctioned early status). And there is a strong argument that such efforts -- candidate pledges -- against Iowa and/or New Hampshire would be more effective because neither state is exactly reflective of the current Democratic primary electorate. One can imagine South Carolina Democrats, for example, asking candidates to sign a pledge to focus on the Palmetto state and the African Americans that make up the majority of the primary electorate there instead of spending any time in unrepresentative states like Iowa or New Hampshire. And it does not have to be just South Carolina. Nevada could be that first state. Any state that the DNC could feasibly get into the first slot in 2028 could utilize some variation on the candidate pledge that Iowa and New Hampshire have used in the past.


War of attrition
Now, if one is a prospective presidential aspirant for 2028, that is a lot to consider. Iowa and New Hampshire are already discounted in the Democratic nomination process. In the DNC rules for 2024, both have been knocked from the positions on the calendar each has held throughout the post-reform era. New Hampshire (and maybe Iowa) appear(s) likely to go rogue next year, which weakens the hand of Granite state Democrats (and potentially those from the Hawkeye state) in the resulting 2028 calendar rules discussions. Then there are penalties and potential pledges from/to officially sanctioned first states to consider in the next cycle.

From the candidate perspective, what is a win in New Hampshire (and/or Iowa) worth at that point? In other words, at what point does a contest become so discounted as to be next to meaningless? 

That is the long game the DNC is playing. The point -- the attempted point anyway -- is to discount any rogue state to the degree that is becomes meaningless to any (or most) prospective candidates. However, getting to that point hinges on the DNC doing something it has not done in the past: following through on the rules (and penalties) all the way through the national convention. 

Democrats in New Hampshire are banking on that happening again in 2024. That the DNC will cave, hand New Hampshire back its initial apportionment of delegates and seat them all at the national convention in the name of party unity. Yet, that is perhaps an uncritical view of the position the national party is in for the 2024 cycle. All of those past instances of threats to penalize Iowa and/or New Hampshire or to not seat their delegates at the national convention occurred in open and competitive nomination cycles. There was a greater need to not only demonstrate party unity to a viewing nation but to create it after fractious nomination processes. Caving was arguably more necessary.

But those are not the conditions of the 2024 cycle. President Biden is not running unopposed, but neither is he likely to face off against any viable alternatives. He and the national party under him have also orchestrated these changes to the rules for 2024, and it stands to reason that they -- and the national convention to nominate Biden -- would be more driven to see the rules through in order to establish (if not entrench) the new early calendar rotation. [Yes, New Hampshire is of some value to the Democratic coalition of states in the electoral college, but those four electoral votes are more expendable than, say, ten in Wisconsin, or 11 in Arizona or 16 in Georgia, to name a few other important states in that calculus. And yes, there are down-ballot implications too as mentioned in the footnotes.]

A cycle in which an incumbent is running for renomination and has instituted a new rules regime is maybe not the cycle to hope that the national party just caves again. 

Look, if some of the conditions of 2024 are unknown, then they are even more greatly unknown for 2028. Things could fall just right for an antiestablishment candidate, for instance, in the next cycle who could parlay a win in even a discounted rogue New Hampshire primary into something more. Still, that would be a very narrow path for a winning candidate to navigate through and become nominee given everything that continues to increasingly discount the contests in Iowa and New Hampshire within the Democratic presidential nomination process. 

But first thing first: The next step in this is how the DNCRBC reacts to the delegate selection plans from Iowa and New Hampshire when those deliberations commence over the next month or so. 


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1 Incidentally, the calendar changes for 2024 will likely create some rogue states, but they will be a different kind of rogue state that is less likely to plunge the system into chaos. Some unnecessary headaches, sure. But chaos? That will take a lot more than a rogue New Hampshire primary and/or Iowa caucus.

2 "Some additional hit" is tough to define. In the context of New Hampshire in particular, the argument made there in the wake of national party calendar decisions has been that the Biden/DNC move to push the Granite state back in the order is only going to negatively affect Biden's chances in New Hampshire in the general election and hurt other New Hampshire Democrats down-ballot (but especially those holding federal office). It is a threat of mutually assured destruction -- from both sides. That will set off a battle to assign blame, the outcome of which is difficult to foresee.



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