The 14th amendment and presidential primary ballot eligibility

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

First, over at FHQ Plus...

• Add Missouri Democrats to the 2024 presidential primary calendar. Democrats in the Show-Me state finally released a draft delegate selection plan with proposed details of their process for 2024. That and delegate allocation will look different for Massachusetts and Montana Republicans than it has in past cycles. All the details at FHQ Plus.

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In Invisible Primary: Visible today...

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Discussion about former President Donald Trump and his eligibility under the 14th amendment given the events of January 6, 2021, have been en vogue during August, set off first by a pair of conservative scholars associated with the Federalist Society and then reignited in recent days by Michael Luttig and Lawrence Tribe, writing at The Atlantic. FHQ has kept most of it at arm's length, choosing to focus instead on the evolving state-level delegate allocation rules on the Republican side. Mainly that is a function of the whole thing being compartmentalized in my head as a general election question.  

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

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

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

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

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

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

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

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

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

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From around the invisible primary...

• In the money primary, Donald Trump has not had any difficulty raising funds following his indictment in Fulton County. 
• Nikki Haley has not done too poorly in that department either since the first debate in Milwaukee. DeSantis either. 
• Ron DeSantis will make three fundraising stops in Pennsylvania next week. He will trek to the San Antonio area next month on a similar mission.
• Miami Mayor Francis Suarez became the first announced candidate to be winnowed from the Republican presidential field after just a little more than two months in the race. He moved from effectively winnowed after failing to make the stage at the first debate to actually winnowed in short order. 
• It probably will not be the filing deadlines that get Glenn Youngkin or any other would-be late entrant into the Republican presidential nomination race. It will be that and organizing for delegate candidates and debate qualification (and preparation) and lining up staff for a national and state-level campaign. Youngkin does seem to have financial backing at the ready, but money can only get a prospective presidential candidate so far (see Bloomberg, Michael circa 2020). 
• In the travel primary, Nikki Haley will be back in New Hampshire next week for a town hall. 
• Doug Burgum is out of the veepstakes.
• In the endorsement primary, DeSantis received endorsements from officials in 20 states following the first debate, including folks from Iowa and Colorado.

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Recent posts:

About that debate last night...

Yes, Donald Trump is ahead in the delegate battle. That has not changed.

A Winner-Take-All Primary in New Hampshire?

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About that debate last night...

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...

• It is kind of obvious why non-Trumps would go after legacy winner-take-all triggers in state-level delegate allocation rules. At least on some level. However, there is a longer term strategic consideration in that push that is not getting a lot of daylight in Trump rolls/crumbles binary that exists around the race for the Republican presidential nomination right now. How about a quick look at that? All the details at FHQ Plus.

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In Invisible Primary: Visible today...

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The first Republican presidential primary debate of the 2024 season was a bit like a multi-vehicle accident in a coastal community at the height of a hurricane. There is the bigger problem surrounding those involved in the crash -- flooding, flying debris, downed power lines, the hurricane basically -- but everyone ends up pointing fingers and assigning blame for the pile-up. In Milwaukee last night, the eight candidates participating may have entered with some sense of a need to attack the frontrunner, but quickly got bogged down in the heat of the moment, in the need to forcefully respond to any perceived slight or mention that would provide some opening to talk. ...or jab. 

Call it a threat proximity hypothesis. The threats were in the room last night. They were not Donald Trump (even if some of the candidates saw some need to try to bring the former president down a notch). And that is part of why the pre-debate narrative about the potential gamble Trump was making in skipping the debate rapidly morphed into how that gamble -- if it even was a gamble -- paid off. 

Trump won the debate last night. 

However, others acquitted themselves well. Vivek Ramaswamy got attention -- both good and bad -- and that will likely buoy his support in polling of the race in the near term. It was a Trumpian performance the Ohio entrepreneur turned in. Attacking and being attacked -- constantly -- kept Ramaswamy front of mind throughout the two hour debate. That gobbled up time that might have gone to another candidate. And Ramaswamy definitely gobbled up time. It is the sort of thing, especially for a largely unknown candidate on the national stage for the first time, that can fuel a surge during the discovery phase of a possible discovery-scrutiny-decline sequence. 

However, there are reasons why any surge in support for Ramaswamy may be limited. First, there is that whole Trump in Georgia thing at the Fulton County jail today. Remember that? More importantly, remember that whole thing about Trump scheduling his surrender in the elections interference case in the Peach state to clip the wings on any momentum candidates may take from the debate? That is still a thing. Few may have thought going into the Milwaukee showdown that Ramaswamy would be that candidate, but here we are. So the whiplash back to the Trump 24/7 news cycle may dampen any big Ramaswamy gain. 

Second, FHQ does not want to go down a lanes lane, but Trump and Ramaswamy occupy a similar space within this field of candidates and among the Republican primary electorate. Ramaswamy may tick up, but it likely will not be at Trump's expense. There may be some "Trump without the baggage" support that has drifted back over to the former president as DeSantis has declined in recent months and may be in play. But it could be just as, if not more, likely that a Ramaswamy push more firmly into the double digits comes from those who may be second guessing the staying power of the Florida governor. 

And speaking of DeSantis, his debate was not bad per se, but it was a lot like playing prevent defense without the requisite big lead. Clearly the strategy was to do no harm (or do no further harm) in the absence of a barrage of attacks. And he did not really do any harm. However, that is a strategy that is limited in its capacity to right the ship. With the two of them center stage, DeSantis and Ramaswamy may have been two ships passing in the Milwaukee night. 

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FHQ does not want to go back in time too far, but some late summer family time kept me from commenting on the recent NYT op-ed from New Hampshire Governor Chris Sununu on the state of the Republican race for president, pre-debate. My knee-jerk reaction reading it was that the call for also-rans -- those who do not make the first two debates -- to drop out of the race was overkill. In other words, the thought was that those candidates have already been effectively winnowed or will be. But rather than treat Sununu's comments as an excuse to link back to something already written here at FHQ, it may be better to elevate another concept. 

Sununu was basically creating -- or adding to the existing -- winnowing pressure on those also-ran candidates and those who squeezed onto the first debate stage. His is not the only voice or the only source of that pressure, but it is an example of that pressure that in a non-Trump cycle may manifest itself more quietly in the background as low polling numbers or poor fundraising or any number of other back channel communications that collectively serve as the writing on the wall, more or less. In 2024, with Trump seeking a third straight nomination, these signals -- the winnowing pressure -- is a bit more overt. Instead, this race gets op-eds like Sununu's or aggressive debate qualification criteria like the RNC has used thus far. And together they represent (officially or not) a more public pressure campaign on candidates to put up or shut up than one might otherwise witness in a non-Trump cycle. 

It is not that these things do not happen in a "normal" cycle. It is just that they do not tend to happen quite this early. 

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Yes, I just talked about that CNN delegate story yesterday, but has anyone figured out this section of that story yet?

"The savvy of Trump’s delegate operation this time around is a stark change from 2016, when the then-first time presidential candidate often complained that the delegate system in the Republican primary was rigged against him. He pointed to the victories and resulting delegate hauls of Ted Cruz, ultimately Trump’s main rival in the 2016 primary. For instance, when Cruz won his home state of Texas in the primary the senator got all 34 delegates with that victory.Trump advisers have studied Cruz’s strategy, so this time around they can ensure the lion’s share of all delegates go to him."

That whole bit about Texas is mind-numbingly off base. Anyway, I break that down some over at FHQ Plus.

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Recent posts:

Yes, Donald Trump is ahead in the delegate battle. That has not changed.

A Winner-Take-All Primary in New Hampshire?

Effectively Winnowed

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Yes, Donald Trump is ahead in the delegate battle. That has not changed.

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...

• Earlier this month Utah Republicans informed the state that the party would opt out of the state-run presidential primary and conduct caucuses on Super Tuesday instead. There has been some primary-to-caucus movement this cycle, but it has been muted and the maneuver by Beehive state Republicans is not exactly like the rest. All the details at FHQ Plus.

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In Invisible Primary: Visible today...

...

FHQ appreciated the delegate story from CNN yesterday, but honestly, I cannot really tell what contribution it is making. The general story is that in the race for delegates in the Republican nomination process, former President Donald Trump is ahead. He is ahead in influencing the setting of what the Trump campaign considers to be favorable delegate rules. [They certainly are rules that benefit frontrunners, assuming said frontrunner hits some particular benchmarks in the voting across the country during parts of the first six months of 2024.] That, in turn, should give Trump a leg up when delegates are actually allocated. Or in the worst case scenario -- again, from the Trump campaign perspective -- insulate the former president to some degree should an insurgent (or insurgents) rise, prolonging the race for the nomination. 

But most of the tale that the folks at CNN tell is one covered throughout 2023 in reporting at other national outlets. In fact, it ends on essentially the same "rigging/Ken Cuccinelli" note that a Politico story from earlier in August detailed. There is not a lot of news here. However, that is not to say that there is none. 

It has been clear for much of the year that both Trump and the campaign apparatus around him have been working his connections with state parties built during the course of his presidency. That network is stronger in some areas of the country than others, but it is an area of strength that one would expect for a former president. Trump should be ahead in these efforts and he is. Actually, it would be a much bigger story if he was not. But the story beyond Trump is perhaps what is more interesting and it is twofold.

First, Florida Governor Ron DeSantis and his campaign continue to appear to be the only other entity putting up much of a fight on the delegate front. But the DeSantis effort is different as CNN describes: 

The pro-DeSantis super PAC Never Back Down is running much of DeSantis’ political campaign from the outside. Many state parties only allow the campaigns themselves in the room for crucial talks, forcing Never Back Down to operate from a distance. DeSantis allies did not immediately respond to questions from CNN about this dynamic.

It is being run through its affiliated super PAC, Never Back Down. And that conduit to state parties is far less efficient, meaning that the DeSantis push to chip away at Trump's advantage here is being done on some level with one arm tied behind its back. That is another variation in the story of the Frankenstein's monster that the broader DeSantis campaign is attempting to assemble between its formal campaign and affiliated groups for 2024. Lobbying state party officials from afar is a tougher enterprise than doing so on a more intimate level as Trump has been doing for the last two cycles. 

The second thing is that if other campaigns outside of Trump and DeSantis are waging a delegate fight, then they are doing so very quietly. To be clear, it is still early to be organizing for any looming delegate battle next year. Those strategies may still be forming even in the top campaigns. One should actually expect those plans to be somewhat dynamic in nature anyway given the constant influx of new events and new inputs. However, it is way too late to be jumping into the game of influencing state party officials to put rules in place that are, if not beneficial, then clearly do not advantage one other candidate over all of the rest. 

Moreover, that those efforts from everyone not named Trump or DeSantis have been so quiet remains a big story under the surface of this race. After all, the rules are not yet set in stone at the state level. And they will not be on the Republican side until October 1. If campaigns have not already been out there advocating for particular rules for delegate allocation and selection already as they have locked in in fits and starts over the summer, then that says a great deal about either 1) their comfort level with the rules as they are or 2) that they just do not have the manpower to adequately make a push at all. Either way, that is an important invisible primary story. 

BONUS: For more reactions to other aspects of the CNN delegates story, see FHQ Plus.

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Look, I love James Pindell. He and I have had some great conversations over the years about New Hampshire and the primary calendar. But I am going to continue to point out what I consider to be journalistic malpractice when I see it on the broader 2024 story about New Hampshire and the DNC's revamped early calendar. I understand the audience to which Pindell's recent New Hampshire Magazine piece was directed. Readers are primarily going to be made up of folks who want to see the presidential primary in the Granite state remain first. So throwing some blame at the feet of the national party makes sense. They changed the rules. New Hampshire has a state law. The national rules and the state law conflict. Impasse. That is fine. More to the point, it is true. However, it is only part of the equation.

Try as New Hampshirites might, defusing this situation does not completely revolve around the DNC and it caving, letting New Hampshire Democrats hold a contest wherever the secretary of state schedules it. The DNC is not the only one "in a pickle." New Hampshire Democrats are too. The state party has options it has ignored but could "fix" this situation. And most everyone else is ignoring those possibilities too. 

Secretary Scanlan is very likely to set the date of the New Hampshire presidential primary for January 23. That will conflict with DNC rules. And no one expects that contest not to happen. No one. That is not the question here and has not been since December. However, New Hampshire Democrats do not have to use the results of that contest to allocate delegates to the national convention. The state party could do that in some alternate party-run process that is conducted under conditions compliant with national party rules. Something in addition to a neutered, beauty contest Democratic primary on January 23. 

That the Democratic Party in the Granite state has not given one inch toward that possibility, doubling down on "live first or die," is unlikely to play well with the DNC Rules and Bylaws Committee after September 1, the new deadline for New Hampshire Democrats to comply. That is the same attitude that got Democrats in both Florida and Michigan in hot water in 2007. It is also what led to fairly significant penalties from the national party being levied against both. The DNC may again try to find an off ramp for New Hampshire, but at some point, whether that is immediately after September 1 or not, Democrats there are either going to have to take that off ramp or prepare for severe delegate penalties. 

It is a two-way street and all too often folks in and out of the media are only looking in one direction on this story. Look at what the state party is not doing too. That will play a role in how the DNC reacts and how this all plays out. 

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From around the invisible primary...

• In the endorsement primary, Alaska Governor Mike Dunleavy has endorsed Donald Trump.
• Over in the travel primary, South Carolina Senator Tim Scott was already going to address Rep. Jeff Duncan's Faith and Freedom BBQ early next week, but he is going to use that trip to the Upstate to do some other campaigning across the first-in-the-South state as well, making stops in Charleston, Lexington and Greenville along the way.
• Former Bristol County Sheriff Thomas Hodgson will head the Trump campaign's efforts in Massachusetts.
• It was not an endorsement, but Indiana Senator Mike Braun had some nice things to say about Vivek Ramaswamy. Neither Indiana senator has rushed to line up behind Trump so far, but Braun seems to be forging a middle road.
• Big Pennsylvania Republican donors have mainly stayed on the sidelines so far in the money primary, but those who have cut checks to this point have sent them to candidates not named Trump.
• Katie Britt, Alabama's junior senator, is on a bit of an island in the Yellowhammer state. Alabamians in the state's delegation to Washington have lined up behind the former president and that has placed some pressure on Britt to follow suit.

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Recent posts:

A Winner-Take-All Primary in New Hampshire?

Effectively Winnowed

A Self-Fulfilling Contested Convention?

Follow FHQ on Twitter, Instagram, Facebook, Mastodon and Post or subscribe by Email. Oh, and find us on Threads: @fhq.plus.

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

A Winner-Take-All Primary in New Hampshire?

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

First, over at FHQ Plus...

• FHQ will say it: Nevada Republicans did not "jump" South Carolina on the 2024 presidential primary calendar. Well, they did not in the sense that close observers of the calendar might talk about the jockeying in this cycle's early calendar. It is different this time. Here is why: 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...

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Emerson had a new survey out yesterday checking the pulse of voters in the Granite state on the Republican presidential nomination race among other things. The consensus take away from the results at the presidential level was that former New Jersey Governor Chris Christie had surpassed Florida Governor Ron DeSantis.

And while that is true, it also was not what caught FHQ's eye. Here is what did:

1. I have spent a fair amount of time over the course of 2023 charting the positioning of DeSantis in the various polls that have been released both nationally and on the state level. And it is not a mystery that the Florida governor's fortunes have followed a particularly downward trajectory. That has implications for winning delegates in primaries and caucuses next year. First DeSantis flirted with 20 percent in some polling on the race. Then it hovered around 15 percent. If a candidate is going to have any prolonged success in taking delegates in 2024, he or she will have to hit 15 if not 20 percent to stick around. Otherwise, such a candidate is very likely to be shown the door. Actually, failing to hit those marks will be  the manifestation of being shown the door. 

But now DeSantis has dipped below 10 percent in New Hampshire. Yes, it is just one poll. Yes, his average standing in the race there is marginally higher than that: 14 percent. But it tracks with the pattern of slipping support that has dogged DeSantis since the spring. 

2. By why does 10 percent matter? It matters because 10 percent is the threshold candidates have to hit statewide to qualify for delegates in the New Hampshire presidential primary. No, candidates are not necessarily contesting New Hampshire in order to win delegates. There are not that many to find in the Granite state after all. Instead, most are chasing a win or at the very least positioning to avoid having increased winnowing pressure heaped on them. Third probably gets DeSantis through, but it does not exactly speak to future success in winning subsequent contests much less winning delegates in big numbers once the calendar flips to March and the focus shifts to the delegate game. 

But the biggest footnote lurking in this particular Emerson survey is that even though Christie leapfrogged DeSantis, he did not break in to the delegates either. That means that Trump -- at 49 percent -- would hypothetically win 11 of the 22 delegates at stake in New Hampshire, leaving 11 unallocated delegates in the proportional method Republicans in the Granite state use. 

What happens to unallocated delegates in this scenario? They do not become unbound. No, under state law, any and all unallocated delegates in New Hampshire are awarded to the statewide winner. Mitt Romney tacked on an extra two delegates in New Hampshire that way in 2012. Donald Trump added three unallocated delegates to his total in the state in 2016. But in this hypothetical case, there are a lot more unallocated delegates. And they would all go to Donald Trump. 

Even in a state that uses proportional delegate allocation rules. 

Even in a state where the former president would have received less than a majority of the vote statewide. 

Incidentally, this is exactly what happened in the 2020 New Hampshire Republican primary. Trump won a considerably higher share of the vote (as compared to above), but Bill Weld just missed the 10 percent threshold and the remaining unallocated delegates all went to Trump. 

3. Folks, this is one poll. FHQ does not want to read too much into it. Plus, it is worth pointing out that both Christie and DeSantis are close to the 10 percent threshold in the Emerson survey and there are 13 percent of respondents who were undecided. Some of those may come off the fence and support Trump, but there is a good argument that if one does not already support the former president, then it is unlikely that he would gain their support in the primary. Would that 13 percent automatically go to Christie and/or DeSantis? Maybe, maybe not. But enough would likely jump into their columns to push them north of 10 percent. 

Hypothetically. 

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Over at Tusk, Seth Masket argues that the pivot (away from Trump) is not coming and it is all about the ebbs and flows of factional power within the broader Republican Party. Good piece.

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From around the invisible primary...

• Indiana Senator Todd Young has already unendorsed Donald Trump for 2024. And like other Republicans, he doubled down in the wake of the latest indictment against the former president. Only, Young reiterated that the party needs to move on from Trump. Obviously, the opposition to Trump stands out, but at some point leaders within the Republican Party who want to chart a different path in 2024 are going to have to line up behind some alternative (or alternatives). But Young is keeping his powder dry for the time being. 
• Also in the midwest, former Illinois House Republican leader Jim Durkin says that the "Trump fever needs to be broken." [See Masket above] He is not alone in Illinois. Other Republicans in the Land of Lincoln stand against Trump and some have even endorsed other candidates. Also from the Sun Times piece: "Last month, I reported on the call from Illinois National Committeeman Richard Porter to move on from Trump. State Sen. Sue Rezin, R-Morris — the deputy Republican leader in the state Senate — like Porter, backs GOP presidential candidate Ron DeSantis, the Florida governor. Ron Gidwitz was the Trump-appointed U.S. ambassador to Belgium and the acting envoy to the European Union. In 2016, Gidwitz was the Illinois finance chair for the Trump Victory fund. He’s supporting Christie." But the state party remains firmly behind the former president. And Durkin, like Young in Indiana, has not thrown his support behind a non-Trump candidate yet. Those un- and non-endorsements matter. And they matter a lot in this race when they are not expressly affiliated with a Trump alternative. 

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Recent posts:

Effectively Winnowed

A Self-Fulfilling Contested Convention?

[From FHQ Plus] Newly adopted California Republican delegate allocation rules offer clear benefits

Follow FHQ on Twitter, Instagram, Facebook, Mastodon and Post or subscribe by Email. Oh, and find us on Threads: @fhq.plus.

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

Effectively Winnowed

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...

• It still is not clear where on the primary calendar the Pennsylvania presidential primary will land for 2024. However, there could be a pot of technically unbound delegates coming out of the contest regardless of where it is scheduled. For a deeper dive on that possibility in the Keystone state and a look at the overall picture of unbound delegates in the Republican presidential nomination race: 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...

...

Last week, former New Jersey Governor Chris Christie made some attempt to lay down a marker in the race for the 2024 Republican presidential nomination race. As he told Fox News:

"If you don’t make the debate stage, you should leave the field. I think it’s that simple. That’s the first winnowing process."

None of that is right or wrong. And it aligns with an argument Christie has been making all along about narrowing the field and taking on former President Trump head on. But it is worth pointing out that the invisible primary has been going on for some time now and the winnowing process has too. Several candidates who were looked on as potential candidates passed on running. These are the Ted Cruzes and Larry Hogans and Brian Kemps and Kristi Noems and Glenn Youngkins. [Although some are trying to keep the hopes of a 2024 Youngkin bid alive.] All surveyed the landscape in various unofficial ways since 2020 and opted out. All have already been winnowed from the field. 

So there is an argument that winnowing has already begun. And obviously it will continue regardless of whether that is before or after the upcoming first Republican primary debate, some time before the end of 2023 or during the primaries next year. But whether candidates who do not make the debate stage on August 23 and drop out is kind of immaterial. Not making the debate stage is a line of demarcation in this race whether Asa Hutchinson or Perry Johnson or Larry Elder call it a day or not. Arguably, not making the stage effectively winnows those candidates. 

That is to say that they would be effectively out of the race whether each continues on as a zombie candidate, unlikely to take any significant support or vote share away from the candidates still in the running.

And the last two competitive, big-field presidential nomination races speak to that. Neither the 2016 Republican race nor the 2020 Democratic race was overly populated with candidates who did not make the debate stage at one point and subsequently made an appearance later on. Chris Christie dipped to the secondary debate at one point only to return to the main stage after a one debate absence. Jim Gilmore managed to squeeze into one and only one secondary debate. And Rand Paul decided to skip a secondary debate in his one relegation before briefly coming back to the main debate stage and then dropping out. The same was largely true on the Democratic side in 2020. Once candidates were off the debate stage, they were mostly out for good. A few came back, but only for one debate. 

In other words, whether the 2024 Republicans do or do not suspend their campaigns after not making the first debate really does not matter. Those candidates are on borrowed time anyway. They will have been effectively winnowed.

...if they have not been already. 

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The DeSantis campaign seems to be all in on the Iowa caucuses. FHQ briefly noted the shake up at the top last week, but under the campaign manager, the campaign brought in David Polyansky from Never Back Down to be a strategist more closely in the Florida governor's orbit. Polyansky brings with him some Iowa knowhow that may serve the campaign well. In addition, DeSantis nabbed the endorsement of influential Iowa radio host, Steve Deace and continues to court Bob Vander Plaats. And that does not count the presence Never Back Down, the super PAC affiliated with DeSantis, has on the county level across all 99 counties in the Hawkeye state. Yes, there are the optics of the various candidates' appearances at the Iowa State Fair, but underneath all of that, Team DeSantis is signaling just how important the lead-off caucuses will be to any long haul operation. 

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This letter that the Trump campaign legal team distributed to all of the state Republican parties is an interesting maneuver. It may or may not have any legal basis -- this notion of a state party working with super PACs associated with any of the Republican candidates -- but the letter may have the effect of freezing the state parties, forcing decision makers within those entities to think twice about their actions. 

The whole episode speaks to the often precarious position state parties are in. And that is mainly in a financial sense. Allow FHQ a quick diversion. At the July meeting of the DNC Rules and Bylaws Committee, the use of ranked choice voting in primaries (and especially state party-run primaries) was on the agenda. Some of those state parties have taken money from Fair Vote, an advocate of ranked choice voting, to help implement the practice in a number of states. Again, those with state party-run contests. Some RBC members frowned on the exchange. Others called for clearer disclosure. But it was clear from those members on the committee closely involved in state parties that money like that can be vital to the those state organizations. 

And that is kind of the crux of all of this back on the Republican side. State Republican parties are probably all too happy to take any money from any super PAC willing to give it if it means helping to build out the party, not just the party coffers but the party itself. But Team Trump has interjected in that, basically saying, "We see you." And it is not as if Trump is not a moneymaker for the state parties on his own. 

That is the interaction here. Toss the legal questions to the side. This is about a not-so-quiet but indirect threat to the state parties: Trump can help your state party raise funds, but only if you knock it off with those other super PACs. That is a tough spot for state parties to be in, and likely has some impact on how just how streamlined decision making is within them. 

 

...

From around the invisible primary...

• In the money primary, DeSantis has lined up a fundraising trip to Dallas for next month. 
• It is signing season in the Republican race. Most candidates -- Burgum, DeSantis, Haley, Ramaswamy and Scott -- have signed the Republican National Committee's loyalty pledge to appear on the debate stage and others have signaled they will sign it (Christie). One candidate refuses to sign. 
• Minnesota Congressman Dean Phillips has not had any luck yet in coaxing big name Democrats into entering the primary race against President Biden and if that means he will fill the void, he cannot count on much backup from elected officials back home in the Land of 10,000 Lakes. They are behind the president. 
• In the endorsement primary, President Joe Biden recently received the backing of major guns groups.
• Best of America PAC, the super PAC aligned with North Dakota Governor Doug Burgum, has made a nearly $4 million ad buy in Iowa and New Hampshire in an attempt to raise the governor's profile in the first two states to vote next year.  

--

Recent posts:

A Self-Fulfilling Contested Convention?

[From FHQ Plus] Newly adopted California Republican delegate allocation rules offer clear benefits

Let's talk about the state of Republican delegate selection rules for 2024 (Part One)

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A Self-Fulfilling Contested Convention?

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...

• Folks may sleep on the tightening Alabama Republicans did to their 2024 delegate selection over the weekend, but they will miss an important story. Last week in this space, FHQ discussed how the Trump campaign is "smoothing over any rough edges" in the delegate allocation/selection rules it missed last time around. The Alabama change illustrates that well and show the minute details Team Trump is nailing down for 2024. All the details at FHQ Plus.

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In Invisible Primary: Visible today...

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Tim Miller had an interesting piece up at The Triad yesterday picking up on a line of thought within DeSantis World that parallels FHQ's thinking on the Republican presidential race in some ways:

But now at least one of Trump’s opponents is wondering if the frontrunner’s legal troubles could change the calculus and require candidates to stay in for the long haul in order to try and amass delegates in case there is a convention battle because the former president is . . . otherwise indisposed. 

This not the first mention of long-haul strategies from with the super PAC branch of the DeSantis campaign network. There is some delegate rules savvy there. But the broader point here, I think, is something Miller picks at but does not fully dig in on. And that broader point is that Trump's legal situation presents a level of uncertainty in a presidential nomination race that may, in turn, create incentives for candidates to stick around longer than they otherwise would, sans frontrunner legal trouble. 

But the game -- call it the self-fulfilling contested convention theory -- is about more than theoretically sticking around longer to gain as many delegates as possible to take into a convention that may be more open with a convicted leading candidate (or one under threat of such in the midst of a trial or trials). First of all, Miller notes that candidates may tough it out and win delegates in late proportional states. Well, that dog probably won't hunt. There just are not that many proportional states late in the process (depending on how one defines "late"). And honestly, there are not that many delegates late in the process. The 2024 calendar on the Republican side is one that will likely have allocated 80 percent of its delegates by the first week in April. 

And none of that considers funding for such an operation. The goal in theory may be to hold on, but candidates will need donors (or to convince donors) to fund that effort and delegate candidates to enthusiastically put themselves forward to fill any delegate slots that are allocated to any non-Trumps. If Trump is winning contest after contest next winter/spring, the well of support in both those areas is likely to be tapped out or at least less interested in expending the money, time and/or effort in a losing cause. 

In other words, the winnowing pressure will still be there despite the uncertainty Trump brings to the race. The calculus may be slightly different, but that pressure will still be there if other candidates are not winning. But that assumes Trump is still winning contests. He may not once the voting phase commences. 

But as of now there appears to be a bit of a deficit for others to overcome....

...

It's not a national primary, but...

 

The latest Morning Consult tracking poll of the Republican presidential nomination race has Trump with a commanding lead and DeSantis flirting with another, even lower threshold in the delegate game. Most states with proportional rules have a qualifying threshold. Of them, the vast majority of those states have a threshold set to 15 percent or higher. A 20 percent threshold to qualify for delegates continues to be the modal threshold. Where does DeSantis sit in the tracker? 16 percent.

...

And the outlook may not be any better for non-Trumps on the state level. 

No, the former president's share of support in the Granite state in a new co/efficient survey is lower than in national polling, but no one else even clears the 10 percent barrier to be allocated any delegate slots under New Hampshire rules. 13 percent were undecided and those candidates who placed second through fourth in the poll were all within the margin of error of the Republican delegate threshold in the Granite state.

Three of those top four -- Trump, DeSantis and Nikki Haley (in addition to Asa Hutchinson) -- will all descend on New Hampshire today. 

 

...

From around the invisible primary...

• Generra Peck is out as campaign manager for the DeSantis campaign and James Uthmeier, the governor's chief of staff in Tallahassee is in. 
• Former Vice President Mike Pence had already hit the polling threshold to make the stage for the first Republican presidential debate later this month, but had been struggling to get to 40,000 unique donors for that threshold. That struggle is now over (for the first debate anyway).
• In the endorsement primary, Vivek Ramaswamy will gain the backing of Wisconsin state Rep. Nate Gustafson today.
• Ahead of his weekend visit to South Carolina, Trump picked up the endorsement of Palmetto state Speaker of the House Murrell Smith. There are not a lot of big name South Carolinians who have either not endorsed Trump or launched a bid themselves, so another second tier endorsement coming off the board -- and siding with Trump -- merits a mention.
• The Erie Times-News has a nice rundown of endorsements thus far on both sides in the presidential race in Pennsylvania.
• FHQ is late to this, but in the money primary, there are several candidates who are spending money at a potentially unsustainable rate according to Axios.
• There are four early states on the Republican primary calendar and all have Republican governors. One has made an endorsement. Henry McMaster (R-SC) has again lined up behind Donal Trump. But the remaining three are on the sidelines, and a second of those -- Nevada Governor Joe Lombardo -- has pledged to remind neutral in the race, joining Iowa Governor Kim Reynolds.

--

Recent posts:

[From FHQ Plus] Newly adopted California Republican delegate allocation rules offer clear benefits

Let's talk about the state of Republican delegate selection rules for 2024 (Part One)

Are the Republican debate qualification rules hurting business as usual in Iowa?

Follow FHQ on Twitter, Instagram, Facebook, Mastodon and Post or subscribe by Email. Oh, and find us on Threads: @fhq.plus.

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

Is Trump rewriting the delegate rules or defending them?

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...

• Alabama Republicans are set to vote on and adopt delegate allocation rules for the Super Tuesday presidential primary. But where is the state party taking them? Making it easier to win delegates? Harder? Maintaining the status quo. One thing is clear: the party does not have much room to make them harder. 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...

...

Politico makes a contribution to the Trump and the 2024 delegate rules storyline that has periodically been touched on by most major national news outlets in 2023. And there is some nice color to Rachael Bade's story, but FHQ does not know how much it is actually adding to what is already known. Generally, candidates seek to influence the state level delegate selection rules, and Trump, in particular, is making some attempt at creating even more frontrunner-friendly rules in the Republican process this cycle. That was established at least as early as February.

And in some respects the Trump campaign has been very active in the process to craft rules at the state level that play to the former president's advantage. But the scope of that activity has been less rewriting -- the headline writer's word, not Bade's -- than it has been playing defense. Because as Bade describes in the piece...

The wonky-yet-important effort underscores just how politically savvy the Trump operation — once caught flat-footed by Texas Sen. Ted Cruz’s attempted delegate mutiny at the 2016 Republican National Convention — has become. And it exposes how Trump’s aides have been running circles around his rivals, with only one of them — Ron DeSantis and his allies at the Never Back Down super PAC — even putting up a fight.

Again, that is consistent with what has been reported thus far in 2023. Yet, in context, this maneuvering is an extension of what the equally savvy, yet, far less opposed Team Trump did in 2019. Like this cycle, the RNC rules for the 2020 cycle carried over, largely unchanged. That confined any effort at massaging the rules -- within those national party guidelines -- to those on the state level. And the Trump campaign set out to do just that, pushing the bar so high for also-ran candidates in the 2020 cycle that it was nearly impossible for them to win any delegates. 

That was the baseline that Team Trump established for 2024. And honestly, the campaign then gave the campaign now very little additional room to maneuver. It is not that they cannot make any further changes to make delegate allocation harder for other candidates, but that there just are not that many places where they can lobby to turn the knob up even higher (within RNC rules). 

Consequently, most of what the Trump campaign has done in 2023 is play defense. They did so in California, warding off an alternate plan that would have eroded the gains there from four years ago. The same seems true of Alabama. At the end of June, there was talk of DeSantis World having some potential success in nudging the qualifying threshold for delegates there lower. But again, Trump has been playing defense in the Yellowhammer state. The Massachusetts Republican Party chair recently suggested that the party was considering dropping its winner-take-all threshold altogether. Bade seems to indicate that Trump is playing defense there as well. 

And then there are Colorado and Louisiana, sites of Cruz success in the behind-the-scenes delegate battle against Trump in 2016. Both are pretty much maxxed out in terms of delegate allocation barriers allowed under RNC rules, but Team Trump has been fixated on completely ending any thought of a possibility of unbound delegates in either. Proposals in each would have delegates bound through two ballots at the national convention. That might be overkill, but it also fits the pattern of the former president's campaign playing defense with the rules established for 2020, not allowing them to ebb much if at all. 

This will continue. It will continue all the way up to October 1, the deadline by which state Republican parties are to submit their delegate selection plans to the Republican National Committee. And as October 1 approaches, it is important to consider these efforts in this context. Trump is mostly defending the high water mark created in 2019 and smoothing over any other rough edges that they missed then for this cycle. That is the story here. 

 

...

From around the invisible primary...

• NYT/Siena finds Trump ahead in Iowa, but lagging behind the pace he has established in national surveys. In a Mondale versus Hart sort of way -- wins relative to expectations -- maybe that matters, but a Trump win in the caucuses in January is one less opportunity for someone else to break through (if no one has by that point).
• Virginia Governor Glenn Youngkin received another big contribution to his political action committee, the one geared toward success in the off-year state legislative races in the Old Dominion, from Thomas Peterffy, who had previously given to Ron DeSantis.
• Former Vice President Mike Pence is slowly but surely gaining on debate qualification, pulling in donors after his strong comments about Trump following the former president's third indictment.
• In the endorsement primary, Ron DeSantis was endorsed by another 35 state lawmakers and local officials in South Carolina. The inclination of some may be to shrug endorsements like this off, but with all the big endorsements in the Palmetto state already behind Trump or running themselves, these sorts of endorsements matter. The Florida governor recently also rolled out a wave of sheriff endorsements in Iowa. 
• In Ohio, Trump won the endorsements of Reps. Bill Johnson and Troy Balderson as well as state Treasurer Robert Sprague. And ahead of his address to Alabama Republicans, the former president received the endorsements of the six member Republican US House delegation from the state. 
• In the travel primary, Trump will trek to Alabama tonight, South Carolina tomorrow and New Hampshire early next week. North Dakota Governor Doug Burgum was in the Granite state earlier this week. 
• The Quad City Times had a local look at Iowans kicking the tires on South Carolina Senator Tim Scott's campaign. 
• Stand for Freedom PAC, the super PAC aligned with former South Carolina Governor Nikki Haley, has placed a $6.2 million ad buy for Iowa and New Hampshire over the next nine weeks. 
• In more from the money primary, Florida donors continue to be a financial lifeline for DeSantis.

--

Recent posts:

Let's talk about the state of Republican delegate selection rules for 2024 (Part One)

Are the Republican debate qualification rules hurting business as usual in Iowa?

Revisiting the Frankenstein's Monster 

Follow FHQ on Twitter, Instagram, Facebook, Mastodon and Post or subscribe by Email. Oh, and find us on Threads: @fhq.plus.

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

Let's talk about the state of Republican delegate selection rules for 2024 (Part One)

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...

• California Republicans have new delegate selection rules for 2024. And it seems like some folks are racing to score the change as a win for Trump. It might be! But that is not guaranteed. There are some California-sized caveats, but CAGOP may be the big winner. 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 will level with you. I have found the Washington Post's coverage of the evolving Republican delegate selection rules to have been fabulous all year. Reporters there have done a fantastic job of digging up state-level changes, large and small, and have furthermore done well in contextualizing them for a unique 2024 Republican nomination race. Look, the Post has a much larger, much broader audience than FHQ, and the stories are crafted with such an audience in mind. 

They do not necessarily get down in the weeds. And they do not have to! Leave that to niche sites like FHQ with equally niche audiences. Hey, we are happy to fill the void. 

And while that overall view of WaPo coverage has not changed, FHQ did find their article on delegate selection rules following the change in California from this past weekend lacking. And some of this is just cranky blogging, pet peevish stuff for FHQ. But there were also some nuggets in the piece that left me shaking my head, stuff simply not backed up by the facts. So let us endeavor to set the record straight on a Monday. 

Winner-take-all by congressional district

Right out of the gate, Maeve Reston and Michael Scherer hit readers with this:

Donald Trump’s presidential campaign notched a major victory Saturday when members of the California Republican executive committee voted to parcel out convention delegates based on the statewide vote next year — doing away with the state’s longtime system of awarding them by congressional district, which had been perceived as a more level playing field for lower-tiered candidates.

Okay. That is a loaded clause highlighted there. And some of it is technically correct even if it glosses over the nature of delegate selection rules changes made by California Republicans in recent cycles. It is true that California Republicans have had a winner-take-all by congressional district allocation scheme for most of the 21st century. And it was still on the books until its death sentence was signed this weekend (technically for 2024 and for good afterward). 

However, that allocation method was overridden in 2019 for the 2020 cycle with a contingency provision that called for the proportional allocation of the entire California Republican delegation. [Yes, that sounds an awful lot like what the Republican Party in the Golden state just adopted. It is quite similar.] That temporary condition was added in 2019 because the Republican National Committee rules prohibit winner-take-all by congressional district methods of allocation before March 15. Therefore, the state party had to make a change because the 2020 primary fell on Super Tuesday, before March 15. 

But again, that was a temporary contingency that expired at the beginning of 2021, leaving California Republicans with the same default winner-take-all by congressional district method in place. Time passed and the RNC carried over the same winner-take-all prohibition for the early calendar into the 2024 rules. So that was never going to be the method Golden state Republicans used in 2024. Look, California Republicans were not going to give up the one feather in their cap in this process. Theirs is the most delegate-rich state on the Republican calendar. The state party was not going to give up half its delegation -- the penalty for using an unsanctioned winner-take-all by congressional district allocation method in an early March primary -- to keep that method. They just were not. 

That brings the timeline to May of this year when the LA Times had an article describing how California Republicans were going to have this strategically unique delegate allocation method for 2024. The method? Winner-take-all by congressional district. Yes, the very same noncompliant method detailed above. FHQ raises the LA Times piece because it set a baseline that has subsequently poisoned the discourse on these changes that California Republicans have actually made for 2024. 

It was that article that made it seem as if California Republicans were going to use that noncompliant method when all it ever was was a placeholder until the state party set rules for 2024 this summer (just as the party did in the summer of 2019). Indeed, before the new plan was adopted over the weekend, there was an alternative proposal that called for a proportional districted method of allocation. Still districted, but proportional and compliant.

Moreover, that baseline set in the LA Times piece from May has led subsequent news accounts to compare changes relative to what was never going to be a winner-take-all by congressional district allocation method. In reality, the comparison should have been to the rules used by the state party in 2020, rules that were compliant. Yes, those rules expired, but to better understand the nature of the change for 2024, the 2020 rules are the better comparison and the better encapsulation of the state party's thinking on how to craft compliant rules for an incumbent cycle (2020) versus a competitive one (2024). 

The press has dropped the ball on this one. 

Fortunately, the newly adopted 2024 California Republican delegate allocation rules sunset at the end of next year. Not just the subsection detailing the compliant proportional allocation, but the whole section including the legacy winner-take-all by congressional district method. Make note of that now. Hopefully that means we all will not be talking about these same noncompliant rules in California in 2027. No one should be comparing any changes then to that method anyway. 

To circle back to the WaPo reference to "the state’s longtime system of awarding them [delegates] by congressional district," it really was not necessary. That is a false point of comparison for the new method. And it is one that did not need to feature as prominently as it did in that story or the similar story about the rules change from the LA Times. 

Did the winner-take-all by congressional district method warrant a mention somewhere in either story? Sure, but the endless parade of quotes from Republicans in California seemingly pining for the "old system" just made those folks look out of touch. To repeat, the California Republican Party was not going to sacrifice half of their delegates to allocated delegates the old way (2016 and before). 

Okay. FHQ got that one off its chest. What else? 

--

Looking for Part Two? Find more of the discussion over at FHQ Plus.

Looking for more like this? Consider a paid subscription to FHQ Plus.

--

Recent posts:

Are the Republican debate qualification rules hurting business as usual in Iowa?

Revisiting the Frankenstein's Monster 

It is not a national primary, but...

Follow FHQ on Twitter, Instagram, Facebook, Mastodon and Post or subscribe by Email. Oh, and find us on Threads: @fhq.plus.

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