Monday, September 26, 2011

New Jersey Presidential Primary to June 5

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Acting New Jersey Governor Kim Guadagno (R-Lt. Governor) today signed A 3777 into law. The bill, unanimously approved by both the state Senate and state Assembly, eliminates the separate February presidential primary election and consolidates it with the June primaries for state and local offices. The state stands to gain $10-12 million in costs associated with the presidential primary.

A few thoughts:
1) Just days after Colorado Republicans shifted up their precinct caucuses to February 7, New Jersey abandoned the date. The Garden state presidential primary now returns to June where it has been scheduled, concurrent with state and local primaries, in every post-reform presidential election cycle with the exception of 2008.

2) Conspiracy theorists may have something to say about who ultimately signed this bill and what that means for the Republican presidential primary race. Following a weekend in which the Chris Christie for President whispers became slightly more audible, it is interesting that the lieutenant governor signed the bill. It is almost as if someone wanted to avoid being cited for some conflict of interest down the road in a presidential nomination fight.

...almost.

3) The reality is that this cements one in place a primary date that has been in limbo all year, but particularly since the end of June when A 3777 passed the state Senate. The legislation has been awaiting gubernatorial -- or at least executive branch -- action since that time.

Hat tip to the AP for the news.



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Colorado Republican Precinct Caucuses Shifted Up to February 7

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The Colorado Republican Party State Central Committee voted at their fall meeting on Saturday, September 24 to move the precinct caucuses up four weeks -- as parties are allowed to do according to state law passed prior to the 2008 cycle -- to February 7.1 Date-wise, the move is seemingly out of compliance with Republican National Committee rules on delegate selection. However, as there are no delegates directly allocated to the national convention in Tampa at that level of the caucus/convention process, the new position is rules-compliant.

As FHQ has mentioned previously, this is not new. Iowa and Nevada both skirted Republican National Committee rules in 2008 under similar circumstances. Nevada Republicans have since altered their rules as a means of attracting candidate attention, and while neither Iowa nor Nevada were proactively attempting to defy national party rules in 2008,2 both ended up bringing attention to a loophole in the Republican delegate selection rules that is now being exploited by at least three caucus states -- Colorado, Maine and Minnesota.

The Colorado Republican caucuses now bring to four the number of contests currently scheduled for Tuesday, February 7,3 a date the media continue to point out is just a day after the Iowa caucuses. That is true, but most outlets are not following that up by pointing out that the date in Iowa is contingent upon the dates in New Hampshire, Nevada, South Carolina, Florida and Georgia. Those states will decide if Colorado, Maine and Minnesota are true threats to their positions on the calendar and whether Iowa will, in fact, end up on February 6 as laid out in the Democratic National Committee rules for delegate selection.4 It is and has been a safe bet for a while now that Iowa will not be holding caucuses on February 6. There is a slim, outside chance of that, but only probably equal to or slightly greater than the probability that the first four states kick off primary season in December. In other words, neither are happening. In fact, the major campaigns are and have been behaving as if the calendar will begin at some point in January. The only remaining question is when. That is something that will continue to be defined over the course of the next few weeks.

No, don't look for everything to fall in place on or before October 1 -- the deadline by which the RNC requires delegate selection plans to be in place. Things will get clearer with the Florida decision later this week, but the calendar will not be finalized then. There is no penalty for deciding beyond that date.

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1 The following are the resolutions voted on and passed by the Colorado Republican Party State Central Committee on Saturday and passed on to FHQ by Colorado Republican Party Chair Ryan Call:
Precinct Caucus Date Resolution Draft.revised

Embedded in the resolutions are the primary -- public -- motivations behind the move: more attention, a full slate of active Republican candidates, energizing the Republican base, more preparation time for local party/elections officials. At the end of the day, February 7 was a legal move for the party to make with respect to Colorado state law, and it was a less-crowded date than March 6. That, along with the fact that there were no national party penalties associated with the move, made for a recipe for a February 7 date for precinct caucuses.

2 Both were merely following traditional practices on the state level in terms of how and at what point in the caucus/convention process both were allocating delegates. For instance, even if there had been penalties levied against caucus states, Iowa and Nevada Republicans still would have moved up. Iowa Republicans would have to maintain their first-in-the-nation status and Nevada Republicans would have to match the move made by Nevada Democrats who won the ability to hold an exempt contest from the DNC. It isn't clear that Colorado Republicans would have opted to move to February 7 if it would have meant taking a 50% delegate hit. In fact, it is probably safe to assume that they would not have.

3 The legislature has passed legislation to move the New Jersey presidential primary to June, but that bill has not been signed to this point by New Jersey Governor Chris Christie. In Missouri, special session legislation to move the primary there to March is still mired in an inter-chamber squabble that could extend into November.

4 To reiterate a point made here several times, but one that is not made clear in most accounts of the situation, the RNC rules do not specify dates for the contests in Iowa, New Hampshire, Nevada and South Carolina. The rules only guideline on timing is that those contests occur at some point in February (but not before). Ideally, they would match up with the Democratic contests in those states, but it isn't a requirement. Only New Hampshire is guaranteed to have Democratic and Republican primaries on the same date. Iowa, Nevada and South Carolina have more state party influence over the date and do not have the uniformity called for in New Hampshire law (as it is in most primary states).



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Saturday, September 24, 2011

Missouri Republican Party Takes a Proactive Approach to March Presidential Primary Bill

The headline on the Missouri Republican Party blog pretty much says it all:


Action Alert! Presidential Primary Date Legislation


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FHQ quick hit: Not only is there some tension over this bill between Republican-controlled chambers in the Missouri General Assembly, but the Missouri Republican Party has a preferred destination for the presidential primary as well: March 6. The state party aligns with the House-passed version and is at odds with the Senate. Recall, state parties have the ultimate say in this. If the primary is scheduled for a date that they are not in support of, the party can seek out other options; in this case a compliant, most likely, caucus.



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Ga. weighs when to set presidential primary

Kate Brumback at the AP has the story.

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FHQ quick hit: Florida first and then Georgia.



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Friday, September 23, 2011

Calendar Correction Corner: Florida -- Not Surprisingly -- Will Wait as Long as It Can Before Deciding on a Presidential Primary Date

The reporting today surrounding the Florida Presidential Preference Primary Date Selection Committee's (PPPDSC) first meeting has been all over the place and not in a good way. There have been a couple of vague reports that the date would be finalized at the meeting today. Neither article mentioned that it has been known since last week when the committee members were named that a second meeting was already scheduled for next Friday -- the day prior to the deadline by which a date decision must be made.  If that reality wasn't enough, the news that the committee has decided to wait it out as long as it can following the meeting today should make it clearer.

But even that Central Florida Political Pulse post (linked above) is misleading.

On Missouri:
Missouri — itself a self-proclaimed bellwether state for presidential contests — has also upended the traditional primary apple-cart by setting its primary date for Feb. 7 next year.
Signs are ominous out of Jefferson City, but there is still a state Senate session scheduled for today and the March presidential primary bill is on the calendar. The Missouri Senate may opt to adjourn the special session and in the process kill the presidential primary legislation, but we won't know that until later. In other words, the Missouri primary date should not be discussed in the past tense. ...unless there's something else to report. [NOTE: Just between you, me and the wall: FHQ is getting a fair amount of sustained traffic out of Jefferson City today. Present tense. Hint, hint. Nudge, nudge.]

On waiting to the last minute:
On Friday, the Florida’s Presidential Preference Primary Date Selection Committee held its first meeting — but opted to wait until the last possible moment next week to make a decision because South Carolina hasn’t yet set a date. Florida has to report its date to the political parties by Oct. 1, next Saturday. That primary date could fall on February 14 or 21, or even earlier depending on when South Carolina votes.
FHQ has absolutely no problem with this until that last phrase. Is there ANY indication that the South Carolina Republican Party is going to settle on a date in the next week? Not that I have seen. And that makes this statement from one member of the PPPDSC harder to stomach:
“I have no problem moving it up as long as we know where everybody else is,” said Sen. Rene Garcia, R-Miami.
There is a sequence to this and Florida is not going to have the benefit of knowing the dates on which at least the first four states will hold their primaries and caucuses if not a few others. Iowa, New Hampshire, Nevada and South Carolina are waiting on Florida, not the other way around. Iowa is waiting on New Hampshire is waiting on Nevada is waiting on South Carolina is waiting on Florida is waiting on...

...well, it isn't South Carolina. As FHQ tweeted this morning, look to South Carolina and Florida to determine whether Colorado potentially holding February 7 caucuses will impact the schedule. If that is a problem to Florida and/or South Carolina, then they will jump Colorado and Minnesota. That will, in turn, impact the other early states. But the bottom line is that this works sequentially with Iowa or New Hampshire making the final move. [NOTE: Georgia's decision looms over this as well. The secretary of state there has until December 1 to choose a date for the primary in the Peach state.]

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One more and then I'll stop. Here's a quote from PPPDSC member and former Florida Governor Bob Martinez from Central Florida News that follows a host of recent misleading headlines and articles about the primary calendar.
"Arizona has changed its date officially, Michigan is doing the same and so is Missouri. So there's a little bit of movement out there before we choose a date,'' Martinez said. 
This is a real pet peeve of mine right now. Neither Arizona, Michigan, nor potentially Missouri have  changed (or potentially changed) their respective presidential primary dates. In each case, those states have merely maintained the dates that have been on the books since the 2008 cycle. Look at the original 2012 presidential primary calendar FHQ put together in December 2008. There are Arizona and Michigan on February 28 and there's Missouri on February 7. No movement. Now, there has been talk and some action toward moving those states' primaries in some various ways, but it has amounted to nothing. What has happened is that everyone else has moved away from the February dates that were allowed by the party rules in 2008 and are not in 2012. There's no jumping, leapfrogging, or any other type of movement going on in any of those three states -- at least not relative to 2008.

With Florida -- again, not surprisingly -- punting until next week, shift your focus to Missouri and Colorado for the time being.



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On Non-Binding Caucuses and Straw Polls

FHQ got a very astute email over the last weekend about the caucus procedure in Wyoming, and how FHQ categorizes some of the events on our calendar. Basically: Which ones make the cut and which ones don't? This is particularly problematic when it comes to the non-binding caucuses that are starting to pop up all over the early part of the 2012 presidential primary calendar.

Our policy here is that those contests matter. As I alluded to in the Colorado post in the wee hours of this morning, non-binding can be a misleading description. No, the results of the presidential preference straw polls that are held at the precinct level  are not binding on the ultimate allocation of delegates. If Romney were to get 60% of the vote in a precinct it would not necessarily mean that 60% of the delegates chosen in that precinct would move on to the county level. At the same time, it doesn't mean that those delegates are not aligned with or sympathetic to a particular candidate or campaign. It does not mean, then, that 60% of a precinct straw poll vote for Romney could not end up translating into no delegates to the county level or all the delegates from that precinct moving on to the county level. The two are not directly linked, but that doesn't mean that Romney and Perry and Paul and/or their surrogates are not working very hard to insure that their delegates are the ones to move to the next round.

In the end, yes, the delegates are not formally allocated until the state convention, but that doesn't mean that the fingerprints of the campaigns are not/have not been on the process from the precinct level on. It is a loophole in the Republican National Committee rules on delegate selection. Iowa and Nevada brought attention to that in 2008 and now a handful of state parties are using the rules -- not the toothless penalties in this case -- against the national party.

Having established that, one additional question remains from that aforementioned email: Why are Maine and Minnesota (and potentially Colorado) and their non-binding caucuses on the calendar and the precinct level straw polls planned for 10-25 days prior to the county caucuses in Wyoming not?1 The answer is that it has to do with several reasons. First of all, with such a wide range of dates on which these straw polls can take place the potential campaign effects are not as clear -- at least from the candidates'/campaigns' perspectives -- as if the precinct straw polls were on one uniform date. Yes, that appears to be a nitpicky point, but there is a reason that caucus states tend to hold precinct-level events on one day, more often than not. It is more efficient for them and as it turns out for the campaigns as well.

Secondly, and this is the bigger point, the straw polls in Wyoming are in isolation of the delegate selection process in a way that they are not in, say, Minnesota. As I mentioned above, concurrent with the straw poll in Minnesota, there is a process of selecting delegates to represent the precinct at the county level going on. That is not the case in Wyoming. An unknown number of precinct committeepersons -- those who can take part in the straw poll -- were elected during the August 2010 primary in Wyoming. Now, there is a process whereby others can become committee members outside of the primary process, but it is unknown how many vacancies exist and whether there is a cap on the number of committee members in the first place. Additionally, there is no filtering from the precinct level to the county level in Wyoming. In other words, all of the precinct committeepersons move on to participate in the county caucuses where part of the Wyoming Republican delegation will be determined directly. So, there may be Romney, Bachmann, Perry and Paul supporters who are precinct committeepersons, but there is no jockeying among them for a reduced number of county-level delegates.

Think of it like a game of musical chairs. If you, hypothetically, have 50 precinct participants who are up and walking around while the music is playing and then forty chairs are removed before the music stops, ten people will then have seats and can move on to the county level. That would be what would happen in Maine or Minnesota or Colorado from the precinct to county levels. In Wyoming, though, all fifty chairs are still there when the music stops and all the precinct committee members move on to the next round of music playing at the county convention level. Then the chairs begin to be removed.

As a result, the candidates are much more likely to pay attention to the placement of campaign loyalists in precinct committeeperson positions during the invisible primary -- to the extent they can add to that total or fill out vacancies -- but not really revisit the idea of delegates in Wyoming until the caucuses kick off in March.

But those two very important factors are why FHQ does not include the straw polls in Wyoming on our calendar.2

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1 One additional point raised in the email was that FHQ mentioned early on that that 10-25 day barrier set up a range of dates for the precinct level straw polls to take place: from February 10-25. That is a range 10-25 days prior to the March 6 date on which the Wyoming county caucuses are set to begin. Recall, however, that some caucuses in Wyoming may not be able to be held until March 10. The guidelines in the Wyoming Republican Party delegate selection plan are fairly ambiguous in terms of how this 10-25 day time period is to be applied, and FHQ's initial range -- February 10-25 -- proves to be but one interpretation of what that range is supposed to be. Those later caucuses would, in another interpretation of the rules, have until February 29 to hold a precinct-level straw poll. Additionally, it appears as if the Wyoming Republican Party includes February 9 in the range of dates for these straw polls to take place. It is the party's set of rules, so FHQ defers to them. The dates on which the Wyoming Republican straw polls will take place is from February 9-29.

2 That said, now that I've brought these straw polls up, I may be forced to include them.



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Colorado Republicans Set to Vote on Moving Precinct Caucuses to February

The Colorado Republican Party State Central Committee is scheduled to meet this coming Saturday, September 24. According to a report from Caitlin Gibbons at the Denver Post, among the items to be considered is a plan to move the party's precinct caucuses from the first Tuesday in March (Super Tuesday, March 6) to the first Tuesday in February (February 7). This is a move that is allowed by state law and is -- despite the date -- compliant with the RNC rules concerning presidential delegate allocation.

As has been the case with similar non-binding caucuses that have been scheduled in February thus far (Maine and Minnesota), Colorado would avoid the threat of sanction from the Republican National Committee based on the fact that no delegates to the national convention are being directly allocated based on the first step (precinct level) of the caucus process. This was the same rule that in 2008 allowed Iowa and Nevada to circumvent sanction while the other pre-February 5 states -- including New Hampshire and South Carolina -- lost half of their delegates.1 In other words, there is something of a loophole to Republican delegate selection rules that is motivating at least some caucus states like Colorado to move up  in an attempt to influence the nomination process.

As FHQ has stated, however, the question as to whether these non-binding contests will have an impact on the finalization of the 2012 presidential primary calendar, much less the race for the nomination itself, remains an open one. With Minnesota Republicans already scheduled on February 7 and Missouri poised to officially join that date tomorrow should the legislature in the Show Me state not reconcile differences in a March presidential primary bill currently stalled there, one can at least partially provide an affirmative answer to that question.

A few thoughts:
1) Despite saying earlier that a move to February was not likely -- though technically possible given Colorado state election law -- Colorado Republican Party Chairman Ryan Call and the state central committee appear to see a penalty-free, non-binding February caucus as too irresistible. And with Maine and Minnesota operating under a similar rationale, why not roll the dice? Colorado has what neither of those states nor Missouri has: swing state status in the general election. [Sorry Missouri. The one silver lining in the Show Me state is that a primary allows for the possibility of energizing a larger set of voters than the caucuses are likely to have. But let's see what happens in Jefferson City on Friday before going down that road.]

2) Strategically, February 7 -- aside from being penalty-free -- is probably more attractive than March 6 for Colorado Republicans based on the numbers alone. It is better to share a date with Minnesota and maybe Missouri than it is to share the spotlight with nearly ten other contests -- mostly primaries -- on March 6. Why pass that up?

3) Additionally, Iowa is often accused of having two bites at the apple with the Ames Straw Poll and the first-in-the-nation caucuses. Would Colorado and other non-binding caucus states have that same privilege? They could. The delegates chosen at the precinct level are not bound by the results of the first step of the process. [Truth be told, though, it is probably a touch naive to think that these are all open-minded delegates moving on to the county level without some holding some allegiance to one candidate or another.] Technically speaking, then, the candidates would potentially be interested in returning to the state during the point at which delegates are actually being allocated to attempt to lobby delegates for their support.

4) Speaking of Missouri, let's say that nothing is done about the March primary legislation tomorrow and the special session ends. Missouri would be locked into February 7. But why wouldn't Republicans there -- and there are at least two Republican state senators that support this -- opt out of the primary and hold an early, non-binding caucus on February 7? Well, the party would likely lose a great number of participants in the switch, but Republicans in Missouri could also circumvent the RNC rules that way and not lose half of their delegates. Again, FHQ will hit the pause button on this one until Friday afternoon.

5) FHQ has said it before and has received some push back, but Romney won caucuses in ColoradoMaine and Minnesota in 2008. Sure, he positioned himself differently in 2008 than in 2012. Yes, the Tea Party has impacted caucus states in the time since then. But as we have seen with debate performances from the former Massachusetts governor, there is something to be said for having done this before. Romney has been able to put together a winning slate of delegates in these states before. That doesn't mean the other candidates cannot, but it does mean that Romney -- even if all the 2008 caucus-going supporters don't come back -- has something of an organizational infrastructure advantage over his counterparts. Quietly, Romney was to caucuses in 2008 what Obama was on the Democratic side. His efforts just got lost among a sea of losses elsewhere on Super Tuesday.

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1 Incidentally, one aspect of all of this that is not being talked about at the moment is that if Iowa, New Hampshire, Nevada and South Carolina are forced into January, all but Iowa would face the 50% delegation penalty that  all other pre-March 6 states will face. That includes Nevada in 2012 because as a means of attracting candidate/media attention, Nevada Republicans elected to make the precinct caucus results proportional and determinative in terms of the delegate allocation.



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Thursday, September 22, 2011

Funding Still an Issue for South Carolina Republican Presidential Primary

The question of how the South Carolina Republican presidential primary will be paid for is one that simply won't die. The story has moved from a battle between the state government and the state Republican Party to one more between the state party and elected Republicans on the county level. The latter is more of an intra-party battle; particularly given the Republican Party dominance in the Upstate of South Carolina.

At issue now is that the Spartanburg and Greenville County Councils are considering a lawsuit against the  South Carolina Elections Commission over what local officials are calling an "unfunded mandate" -- that they are being made to disburse funds not accounted for in county budgets for a party function. Yes, on the surface this looks like more of a state versus municipal government dispute. There is that element to this, but again, given the nature in which Republican partisanship permeates the state, much less the region of the state in question, it becomes just as much an issue of tensions between state and local Republicans.

For our purposes here at FHQ, this isn't entirely meaningful. This dispute will not affect the South Carolina Republican Party's ability to stage a presidential primary next year. However, what this does do is call into question the ability of the party to pull off a contest that operates smoothly. Once the looming time crunch is layered in as well, the picture becomes even murkier. If these questions concerning the funding of the primary persist simultaneous with the reality that this is going to be an mid-January to early February contest, the likelihood that the contest can be held without significant problems drops. Now, if the results end up being one-sided for Perry or Romney or whomever, this will not be an issue. Yet, if the primary is a close one, there could conceivably be challenges brought because corners were cut to hold the contest in a cost-effective manner (fewer polls workers, etc.).

Now, this may prove to be something of a false alarm ex post facto, but it warrants watching between now and when the South Carolina primary rolls around.



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Ohio Presidential Primary Back to March 6

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FHQ alluded to the rollercoaster ride that has been the process to set the date of the Ohio presidential primary for 2012 yesterday. And it was yesterday that the Ohio Senate Government Oversight and Reform Committee opted to take no action on the recently-passed House bill to move the date -- for the second time -- from the first Tuesday after the first Monday in March to the first Tuesday after the first Monday in May. That insurance policy bill (HB 318)1, introduced originally because a petition drive to overturn the enacted omnibus elections legislature, imperiled the presidential primary date change contained therein.

After a nearly nine month saga, the Ohio presidential primary is right back where it started: March 6, 2012. And the newly-enrolled redistricting bill (HB 319) reflects that date.

A couple of thoughts:
1. Ohio potentially just became a real prize on March 6. Prize or not, it will likely be the battleground on that date. Now, that statement is predicated on the notion that this will be a Romney-Perry race at that point. The expectation would be that Perry would do well in the southern contests that day (Oklahoma, Tennessee, Texas, Virginia and possibly Missouri) while Romney might be better served focusing his efforts on western caucuses in Colorado, Idaho and Wyoming with Perry-like expectations for victory in Massachusetts and Vermont. That leaves Ohio -- and the midwest more broadly -- as the potential tiebreaker on that day (and later on in the race overall). I don't think this is something that should be understated. Ohio just inadvertently became a pretty big presidential primary. Despite falling on a crowded date -- not as crowded with contests as Super Tuesday 2008, but crowded nonetheless -- Ohio is well-positioned to gain quite a bit of attention in this process.

2. Far be it from me to look forward -- way forward -- but that's kind of what we do around here. What happens to the 2016 Ohio primary? Nothing if the aforementioned petition drive is successful, gets the new election law on the November 2012 ballot and is subsequently voted down by Ohio voters. But if the drive fails or the ballot measure is not voted down, the primary will be set for the first Tuesday after the first Monday in May.2 That may mean nothing in the grand scheme of things, but at the very least it means that the legislature may be forced to revisit the primary date in 2015 if there is no consensus behind that May date. Time will tell.

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1 FHQ should also note that there was an equivalent bill introduced in the Senate (SB 217).

2 September 29 is the deadline, so we will know relatively soon whether the petition has received the requisite number of signatures.



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Wednesday, September 21, 2011

Utah Presidential Primary Move to February or March Unlikely

Robert Gehrke at the Salt Lake Tribune has reported that a plan to set aside Utah state funds to move the Beehive state presidential primary from June to February or March appears dead. The idea to move the primary to an earlier date to potentially aid Mitt Romney's candidacy gathered steam in June after the state Republican Party opted to link the Utah Republican delegate allocation to the late June primary for state and local offices.1 That followed the state legislature's refusal to allocate the necessary funds to hold a presidential primary in the budget bill considered during the winter session of the legislature.

The effort to appropriate the $3 million for the election was an uphill climb among the Republican majority in the winter and appears to be equally daunting ahead of an upcoming special session. This is even more clear when the bearer of the news was the Senate president -- and Romney supporter -- Michael Waddoups. The prognosis was no better in the House:
During a House GOP caucus Wednesday, Rep. David Clark, R-Santa Clara, asked if the state was going to stick with the June date, and House Speaker Becky Lockhart, R-Provo, responded that is the plan. 
"So we’re back to the same flyover status we had before," Clark said.
Utah, then, will bring up the rear of the 2012 presidential primary calendar with a June 26 primary.

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1 It should be noted that the same financial concerns about such a move were raised nearly as soon as the early primary proposal story broke. If steam gathered, then, it quickly dissipated.






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