Wednesday, February 9, 2011

Bill to Move Florida Presidential Primary to March Filed in Florida Senate

Florida Senator Arthenia Joyner (D-Tampa) filed S 860 on February 8. The bill would shift the date on which the Sunshine state's presidential primary is held from the last Tuesday in January to the first Tuesday in March. FHQ has for some time now discussed the importance of Florida in terms of what the 2012 presidential primary calendar will ultimately look like. Out of compliance in 2008 and still, by law, non-compliant for 2012, a Florida move to a later date would be the first necessary domino to fall in determining when Iowa, New Hampshire, Nevada and South Carolina will hold their 2012 delegate selection events. Florida is not the only non-compliant state, but it is the earliest, and its presence at the end of January is keeping the beginning of the process there -- at least hypothetically -- and not in February where both of the national parties prefer the presidential primary process to begin.

The other complicating factor here is partisanship. Joyner, the minority leader in the Senate, is a Democrat and while Florida being non-compliant in the Democratic nomination process may not be all that consequential* with the nomination likely being uncontested, Republicans control the state legislature and the executive branch. The GOP in the state holds the power and with a contested nomination race in 2012 may prefer influence, albeit with penalties affecting the size of their convention delegation, over following the rules.

That said, a bill has been filed to move the state's primary to a later, compliant date, but the ball is in the Republican majority's court. The Florida legislature convenes on March 8.

*Democrats in states with unified Republican control have to, according to the DNC's delegate selection rules, make a "good faith" effort to make the necessary timing change through legislative channels to have any hope of a waiver from the Democratic Rules and Bylaws Committee in the event a non-compliant primary is held (Rule 20.C.7).



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Tuesday, February 8, 2011

DC Bill to Move Primaries to June

Early last week, we discussed the possibility that Washington, DC would shift both the district's presidential primary back and its primaries for other offices up on the calendar for 2012 elections. The next day (February 1) Councilwoman Mary Cheh introduced B19-90 which accomplishes just that. The legislation moves both sets of primaries to the first Tuesday after the second Monday in June (In 2012, that's June 12.); as opposed to the June or July possibilities mentioned before the bill was introduced. The presidential primary would move back from the second Tuesday in January and the primaries for local offices up from the first Tuesday after the second Monday in September.

Yeah, that's right, from January to June. The council moved the presidential primary from May to January for the 2004 cycle and moved the primary to February to coincide with Maryland and Virginia on the second Tuesday in February in 2008. And either there was a sunset provision on the move to February for 2008 that is not apparent in the resulting law or the current legislation incorrectly identifies the date of the presidential primary as the second Tuesday in January. Well, that or there was an effort during the 2009-2010 council session to move the primary from February back to January with no one noticing. FHQ is guessing sunset.



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"New rules threaten region's 2012 primary clout"

Over the weekend, Freeman Klopott penned a nice piece in the Washington Examiner on the apparent break up of the 2008 Potomoc Primary, the subregional primary the brought the primaries in Washington, DC, Virginia and Maryland together (see full article below). The outcome was attractive enough that the Democratic Change Commission recommended to the Rules and Bylaws Committee that the 2012 Democratic Delegate Selection Rules include some provision that would entice state to hold similar "clustered" contests. From the looks of it, the addition of extra delegates was not enough to keep the model regional primary together for the 2012 cycle. There is still time in the legislative session, but with Virginia already close to moving its primary to March and DC considering a later primary that would coincide with those for state and local offices, it doesn't necessarily look good for the Potomac Primary in 2012.

Regional primaries are difficult to coordinate across states and especially state governments and even when they are successfully managed the initial intention is rarely met. Just ask the southern participants in the Southern Super Tuesday in 1988.

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New rules threaten region's 2012 primary clout
by Freeman Klopott, Washington Examiner
New presidential primary rules passed by the Democrat and Republican national committees are busting the bonds that made the 2008 "Potomac Primary" possible and threatening the Washington region's clout in 2012.

In 2008, Virginia, D.C. and Maryland all held their primaries on Feb. 12. It was just one week after "Super Tuesday," when 24 states voted on presidential candidates. But there were no clear front-runners for the party nominations following the Feb. 5 votes, and the Washington region became key for Hillary Clinton and Barack Obama. Forming the Potomac Primary guaranteed the Washington region electoral pull.

"We'd like to have a regional primary again to help make sure we remain important to the candidates," said David Meadows, executive director of the D.C. Democratic Committee.

But "right now both parties have coordinated what they want to do with the primary calendar because things got out of hand in 2008, " said political scientist Josh Putnam, who tracks the primary calendar on his blog Frontloading HQ. "Now states with primaries scheduled for February are stuck having to change that."

On Feb. 1, Virginia broke ranks. Its Senate passed a bill to set the commonwealth's primary for March 6. If that's the final date, then under the new party rules Virginia's Republican Party will have to change its delegate apportionments from its winner-take-all model to one that distributes them based on the number of votes each candidate receives. If the party doesn't, Virginia risks losing half its delegates at the Republican National Convention.

Meanwhile, Ward 3 D.C. Councilwoman Mary Cheh has introduced a bill tentatively setting the District's primary for June 5. Gov. Martin O'Malley is "likely" to introduce s bill setting Maryland's primary for April 3, spokesman Shaun Adamec said.

That's the first day new party rules allow for winner-take-all states to vote and, Meadows said, "we're hoping D.C. will join Maryland."

Adamec said, "we'd like to have a regional primary again, and hope the other states join us in April."

Down in Virginia, though, "we didn't think about a regional primary," said Sen. Jill Vogel, R-Winchester, who introduced the March 6 bill. "We wanted to have it on the earliest day we could."




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Presidential Primary Bill Introduced in Kansas Senate

On February 7, SB 128 was introduced in the Kansas Senate. The bill addresses a section of the Sunflower state's election law that the House bill (HB 2126) canceling the 2012 presidential primary does not alter in any way. This is relevant because the earlier post concerning the House bill mentioned that the legislation seemed to eliminate the presidential primary permanently. It does not. That bill simply does not include the subsection that the Senate bill is now changing.

The Senate bill changes references to the 2012 primary to 2016; essentially delaying the 2012 presidential primary in Kansas. The primary will be held, if state-appropriated funds are available, on the first Tuesday in April unless the Kansas secretary of state identifies an alternate date on which at least five other states are holding delegate selection events. The secretary of state has to inform the governor and other state officials of the certification of an alternate on or before November 1 of the year preceding the presidential election.

[FHQ will go ahead and pencil Kansas in on our 2016 presidential primary calendar. Kidding, sort of.]



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Virginia House Unanimously Passes Bill to Move Presidential Primary to March

The Virginia House of Delegates today passed HB 1843 in a 99-0 vote to move the state's presidential primary from the second Tuesday in February to the first Tuesday in March. The House has followed the Senate's lead from last week in passing a similar bill. Both bills have to work their way through the opposite chamber now -- something that is seemingly a formality given the support each bill has received in its respective chamber -- before one heads off to Governor Bob McDonnell for his signature.

SB 1246 has been received by the House and has been referred to the Committee on Privileges and Elections there. The legislature is in session until February 26 so the move of the primary should be wrapped up, at least on the legislative end, by then.



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Kentucky isn't the only state to consider an August presidential primary during the 2012 cycle

Yesterday, FHQ detailed the bill passed by the Kentucky Senate to shift the commonwealth's presidential primary from May to August. But the Bluegrass state is not the only state to have proposed a bill that would move a presidential primary to August for the 2012 cycle. Two years ago, the Arkansas legislature, almost simultaneous with the passage of the bill that eliminated the state's separate presidential primary (moving it back to May), proposed a bill that would have moved the Natural state's primary to the third week in August.

The reasoning behind the move(s) may have been different in both cases, but the idea of a later (out-of-window) presidential primary is apparently not a new one.



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"Bill would return California's 2012 presidential primary to June"

The article from Mark Barabak that appeared in Sunday's LA Times covers some old ground for those who have been reading FHQ since the beginning of the year (see full article below). However, that said, he does provide a great rundown of some of the financial constraints that are facing some states in terms of the implementation of their 2012 presidential nominating contests. If the national parties are getting any assistance in their effort to push back the start time of primary season, it is the fact that states with both separate and early presidential primaries and later primaries for state and local offices (that are nonetheless still within the national parties' window) are tempted to hold both sets of primaries concurrently -- and later -- as a means of saving money.

As has been the case in the post-reform era, though, there are two types of states: those with in-window primaries for state and local offices and those with primaries that fall after the window has closed. The former group has the "luxury" in this cycle of potentially saving some money by eliminating their separate presidential primaries and moving them back in line with the other primary elections in the state. Again, that is potentially helping the national parties to get some states to comply with their delegate selection rules for 2012 (see Arkansas, California, New Jersey).

The latter group, on the other hand, faces quite a different landscape as compared to past cycles when frontloading was unfettered or at least allowed given certain parameters. As those states had already incurred the start up costs associated with the separate primary, they were much freer to float their contests -- usually to earlier dates -- than states with concurrent primaries. But those states face a dilemma in the 2012 cycle. They still have the freedom to move around (or to flaunt party rules by going earlier than is allowed), but they don't have the ability to move back and hold all their primaries at once since their primaries for state and local offices are outside of the backend of the window for presidential primaries.

Yes, those states could move their primaries for state and local offices to earlier dates as well. And we do see some momentum behind that idea (see DC). Again, the parties are benefiting from a confluence of forces. Very late primaries for state and local offices are also under attack this cycle. The MOVE act has forced or will force late primary states to move so that the primary process can be completed and ballots printed and mail to military and other voters abroad in time for the general election. This opens the door to a potential double move that could shrink some states' budget deficits. Those states with early presidential primaries and late (out-of-window) primaries for state and local offices would move both primaries to the same date that is a midpoint between the two and allows those states to kill two birds with one stone. To this point, Washington, DC is the only "state" examining this option, but as legislative sessions drag on and budget discussions continue, it is an idea that could gain some momentum.

...and reshape the 2012 presidential primary calendar in ways that have not been witnessed in the post-reform era.

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Bill would return California's 2012 presidential primary to June
by Mark Z. Barabak, LA Times

For years, Sacramento lawmakers worked to give California voters a bigger say in national politics by scheduling the state's presidential primary as early as they could.

The series of moves culminated in 2008 with a Feb. 5 vote, the earliest in state history. But now a legislative effort is underway to move the California primary back where it started — to June, on the last day of the 2012 nominating season — as a way to save tens of millions of dollars. "That's a lot of money," said the bill's sponsor, Assemblyman Paul Fong (D-Cupertino), "at a time when every penny counts."

His measure is set for its first committee hearing next month.

If the bill is passed and signed into law by Gov. Jerry Brown, who has not taken a position, California would join other cash-strapped states that have decided to forgo the added cost — and any added attention from presidential candidates and the political press corps — by ceding their early spot on the calendar.

In Washington state, officials are talking about canceling their primary, a non-binding "beauty contest" that does not determine the awarding of delegates. "Our [budget] cuts are hurting the poor, hurting kids, really damaging education," said Secretary of State Sam Reed. The estimated savings: $10 million.

Other states canceling their primaries, pushing back the date or weighing those options include Arkansas, Illinois, Kansas, Montana, New Jersey, Oklahoma and Virginia.

Their moves reverse a decades-old trend of states stampeding to the front of the calendar in hopes of grabbing a bit of the attention and revenue showered on the two leadoff states, Iowa and New Hampshire. For many, including California,
that meant holding two primaries: an early one for president and a later one for other offices, boosting their costs.

The front-loading may have reached its climax in 2008, when more than 20 states — California and New York among them — voted on the single biggest day of primary balloting ever held.

"The whole idea of moving forward looked good," said Josh Putnam, a political scientist at Davidson College in North Carolina who tracks 2012 scheduling on his website, Frontloading HQ. "But then everyone had the same idea, and states ended up getting lost in the shuffle."

Hoping to introduce some order and extend the primary season, the two major parties have set rules allowing just four states to vote next February: Iowa, New Hampshire, Nevada and South Carolina. States that jump the queue would be punished by losing delegates to the party's nominating conventions.

As it stands, Florida, which broke the rules to vote early in 2008, is again scheduled to hold a Jan. 31 primary, which would place it ahead of the four officially sanctioned states. If Florida doesn't budge, the balloting could move earlier into January, as Iowa and the others leap ahead to preserve their status.

Even if Florida lawmakers reschedule their vote, New Hampshire may advance its proposed Feb. 14 primary to keep a seven-day window ahead of Nevada. If that happens, it would probably push Iowa to move up into January.

With the Republican field still taking shape, it is too early to predict the consequences of all the shuffling, but experience suggests that caution should be a guide.

Given the heavy front-loading, many anticipated that the 2008 nominations would be decided no later than early February. The Republican race was, in fact, over fairly swiftly. But Democrats
Barack Obama and Hillary Rodham Clinton battled all the way to June in the longest, most contentious primary fight in generations.




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Monday, February 7, 2011

Alternate Bill to Cancel Presidential Primary Proposed in Washington State

In Washington state today, Rep. Christopher Hurst (D) introduced a bill (HB 1860) to tie whether the state has a presidential primary to the two parties collectively utilizing the system as a means of allocating all of their national convention delegates. If, as has been the custom in the state during recent presidential election cycles, the Republicans split the allocation of their delegates between both the primary and a caucus and the Democrats shun the primary in support of a caucus, the presidential primary in the state would be cancelled during that cycle. This has the effect of avoiding the sunset provision that is included in both SB 5119 and HB 1324. Instead, it makes the expenditure of funds for the primary dependent upon the parties both adopting the primary as the sole method of delegate allocation.

The bill also gives the parties the option of together agreeing upon and notifying the secretary of state of an alternate (and presumably earlier) date for the primary. It is currently set for the fourth Tuesday in May.



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Virginia House Bill to Move Presidential Primary on Cusp of Tuesday Vote

It looks like the Virginia legislature put in some time over the weekend to beat the Tuesday cross-over deadline -- when bills must be finished in one chamber to be considered in the opposite chamber. The House of Delegates is on pace to finish up work on HB 1843 -- the bill to move the commonwealth's presidential primary from the second Tuesday in February to the first Tuesday in March -- with an up or down vote tomorrow after Sunday's first constitutional reading and the second reading today.

The bill is now engrossed as a substitute and will more than likely beat tomorrow's deadline with a vote to send it to the Senate.



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2012 Presidential Primary Movement: The Week in Review (Jan. 31-Feb. 6)

Another week came and went and while no states officially moved, there were a couple that actually passed bills shifting the dates on which their nominating contests will be held.
  • Pass it on: Virginia's Senate passed SB 1246 to move the state's presidential primary from the second week in February to the first Tuesday in March. Idaho's House also passed HB 60 to move the primary election up a week to the third Tuesday in May.
  • You're out: The Kansas House bill (HB 2126) to cancel the Sunflower state's presidential primary was referred to committee on January 31.
  • Out the window: This one has flown under the radar, but the Kentucky House voted in January to move all its primaries from May to August. Yeah, it's more problematic than it sounds.
  • It's always sunny: RNC Chairman Reince Priebus got in on the act this week by urging Florida to move back the state's presidential primary and state Democratic Party Chair Rod Smith warned again about the impact the noncompliant primary could have on Democrats.
  • As has been mentioned in this space several times, there are currently 18 states with presidential primaries scheduled for February 2012. That would put those 18 states in violation of both parties' delegate selection rules for 2012.
  • Of those 18 primary states, 14 of them (California, Connecticut, Missouri, New York, Arizona, Georgia, Delaware, Tennessee, Wisconsin, Maryland, Michigan, New Jersey, Utah and Virginia) have convened their 2011 state legislative sessions.
  • Of those 14 states, 3 (California, New Jersey and Virginia) have bills that have been introduced and are active within the state legislature to move their contests' dates. Both California and New Jersey have bills that would eliminate an early and separate presidential primaries and position those events with the other primaries for state and local offices. That would mean June presidential primaries for both states if those bills pass and are signed into law.
  • For this next week the 14 early states in conflict with the national parties' rules will be joined by Oklahoma which convenes its state legislative session on February 7 (see HB 1057, HB 1614, HB 2138 and SB 808; four bills that would alter the date on which the state's presidential primary is held.). Those 15 states will be the ones to watch.


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