Signs Delaware Presidential Primary is Staying Put

Back in January, FHQ, discussing prospective primary movement during the 2019 state legislative sessions convening across the country, highlighted the group of mid-Atlantic/northeastern states that have seeming settled in late April since the 2012 cycle. Under Democratic control, states like Connecticut, Delaware, Maryland, New York and Rhode Island not only moved away from February presidential primary dates leftover from the 2008 cycle, but moved deeper into the calendar for the 2012 cycle and have stayed there.

That made more sense in 2012 when Barack Obama was seeking renomination on the Democratic side -- the stakes were lower and the costs of a later primary less -- but that group of Acela corridor states maintained their April positions despite an open nomination in 2016. Now, it could be argued that during the time that primary date changes were being considered by state legislatures in 2015, Hillary Clinton was a prohibitive favorite to win the 2016 nomination. States with Democrats in control of state government, in turn, may have been less likely to make any changes to the presidential primary date.

But the outlook for the 2020 nomination is and has been a wide open race. Yet, in none of those states, save New York (which operates under a unique set of circumstances), have made any moves toward a presidential primary change. All has been quiet. And that silence typically will signal no primary movement.

However, there has been an additional signal out of Delaware. No, there is no proposed presidential primary date change, but for the second consecutive state legislative session in the First state, there is an effort underway to attempt to align the September primaries for state and local offices with the presidential primary in April. HB 89 passed the state House in Delaware in 2017, but died in the state Senate. And now in 2019, HB 41, a nearly identical proposal, has so far followed a similar trajectory. The plan to consolidate state primaries with the April presidential primary flew through the state House in January, but has again hit the wall in the state Senate.

The legislative session adjourns in June and the bill still has time to work its way through the state Senate, but the proposed move is less important for the move than it is for the anchor point on the calendar.¹ Linking those primaries for state and local offices to the presidential primary in Delaware is the clearest active effort among those April Acela primary state signaling a non-movement. The others have been more passive at this point.



As of now, Delaware is scheduled to have an April 28 presidential primary on the latter half of the 2020 presidential primary calendar.


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¹ Delaware was a late mover in 2011, the last time the state shifted its presidential primary date. That legislation was passed toward the end of the legislative session that cycle.

Utah Democrats Will Use New Presidential Primary Option for 2020

With the release of a draft of its 2020 delegate selection plan, the Utah Democratic Party has confirmed that it will utilize the new presidential primary signed into law recently by Governor Gary Herbert (R).

The confirmation means that Utah Democrats will return to a primary for delegate allocation for the first time since the 2008 cycle. The state party opted for caucuses in 2012 when there was no national party rules-compliant primary option. The February date in state statute was too early and the late June option added that cycle for state Republicans was too late. Both parties used caucuses in 2016 when the presidential primary was not funded by the state.

Like the last time Utah Democrats used a primary for delegate allocation in 2008, the election will fall on Super Tuesday. In the Democratic delegate apportionment formula, Utah is not delegate-rich, falling behind ten of the 13 states now slated to hold delegate selection events on Super Tuesday.

Finally, in the switch from 2016 caucuses to 2020 primary, Utah becomes part of another trend. The Beehive state now joins Colorado, Idaho, Minnesota, Nebraska and Washington state as states to have opted into state government-run primary elections for the 2020 cycle.

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The Utah Democratic Party decision opt into the primary will be reflected on the 2020 FHQ presidential primary calendar.



Related:
2/25/19: Legislation Would Push Reestablished Utah Presidential Primary to Super Tuesday

3/7/19: Super Tuesday Presidential Primary Bill Introduced in Utah

3/11/19 (a): Super Tuesday Presidential Primary Bill Unanimously Passes Senate Committee Stage in Utah

3/11/19 (b): Utah Senate Passes Super Tuesday Presidential Primary Bill

3/14/19: Utah House Passes Super Tuesday Presidential Primary Bill

4/1/19: Utah Presidential Primary Shifts to Super Tuesday


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Pair of Bills Seek to Move Illinois Presidential Primary

Earlier this session, there were a couple of bills introduced in the Illinois state House to move the date on which the general primary election is held. The thing about tracking the movement of presidential primaries is that one has to adapt to the differences across states in terms of what each calls its presidential primary elections. In the case of Illinois, the state has traditionally held a third Tuesday in March primary that is not only the date for the presidential primary but those for other state and federal offices as well. It is a consolidated primary every even-numbered year.

And it should be additionally noted that the general primary in Illinois has only been on a date other than the third Tuesday in March in a presidential year once in the post-reform era. That was during the 2008 cycle when then-Illinois senator, Barack Obama, was seeking the Democratic nomination. Illinois, then, has been less likely to uproot its consolidated general primary election and shift it to an alternate date.

Moreover, that fact is also relevant when trying to handicap the likelihood of passage for any bill with the goal of moving the general primary away from that traditional third Tuesday in March date. Attempts after the 2011 move back the traditional March date have generally languished in committee and died at the end of legislative sessions. That was true of a push by one legislator to move the consolidated primary to June in both 2013 and 2015 and again in 2017. It was also true of a 2015 bill to move the primary into July as well. And it was true again of 2018 legislation that proposed a marginal move to the first Tuesday in April that also failed.

Now the 2019 session has brought two more bills once again promoting a change in the general primary date. One, HB 3476, represents a subtle change to the existing law. It would keep the primary in March and even keep it in the third week in March. The only change is to push the primary back from a Tuesday to the third Saturday in March. The other, HB 2531, is more in line with the repetitive 2013-2017 attempts to ease the primary into June. Although the 2019 version is by a different legislator -- this time a Republican rather than a Democrat -- and calls for a third Tuesday in June primary. While that is a week earlier than the bills from recent past sessions, it would still place the Illinois presidential primary just outside of the window in which states and territories are allowed by the national parties to hold primaries.

Neither 2019 bill has seen any significant action following February introductions. One can draw from that what one may, but if past is prelude to either effort, then they are unlikely to advance. And that means that Illinois is most likely to retain its traditional March date.


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The Illinois presidential primary bills have been added to the 2020 FHQ presidential primary calendar.


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Utah Presidential Primary Shifts to Super Tuesday

On Wednesday, March 27, Governor Gary Herbert (R) signed SB 242 into law.

The bill reestablished and the law now explicitly schedules a presidential primary in the Beehive state for the first Tuesday in March during presidential election years. Utah will rejoin Super Tuesday for the first time since the 2008 cycle when the primary coincided with a de facto national primary day with over twenty contests in both parties.

Utah at this time becomes the thirteenth state to schedule a primary or caucus for Super Tuesday. Of the 13, Utah will have fewer delegates at stake in the Democratic process than ten of the Super Tuesday states or territories. Only Vermont and Democrats Abroad will offer fewer delegates on Super Tuesday. Typically, that has been a combination -- few delegates at stake on a date that offers many more delegate-rich states -- that has led to smaller states getting lost in the shuffle.

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The Utah presidential primary change will be reflected on the 2020 FHQ presidential primary calendar.


Related:
2/25/19: Legislation Would Push Reestablished Utah Presidential Primary to Super Tuesday

3/7/19: Super Tuesday Presidential Primary Bill Introduced in Utah

3/11/19 (a): Super Tuesday Presidential Primary Bill Unanimously Passes Senate Committee Stage in Utah

3/11/19 (b): Utah Senate Passes Super Tuesday Presidential Primary Bill

3/14/19: Utah House Passes Super Tuesday Presidential Primary Bill


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Arkansas Presidential Primary to Super Tuesday

Governor Asa Hutchinson (R) quietly signed SB 445 into law last Thursday, March 21.

Arkansas law now calls for a consolidated primary election -- including the presidential primary -- on the first Tuesday after the first Monday in March in presidential election years. More importantly, this shifts Arkansas once again into a position on Super Tuesday. At this time, that now aligns the Arkansas primary with contests in at least eleven other states (or other political units). Of the twelve contests in total on Super Tuesday, Arkansas would have the tenth most delegates at stake on the Democratic side. However, the Natural state may also benefit from having a number of regional partners from North Carolina to Texas on the first multi-contest date on the 2020 calendar.

Unlike the May to March shift the presidential primary in the Natural state made four years ago, this move is permanent. It does not sunset as the 2015 change did at the end of 2016.

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The Arkansas presidential primary change will be reflected on the 2020 FHQ presidential primary calendar.

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Related:
2/6/19: Out of Arkansas, An Apparent Challenge to the New Hampshire Primary

2/11/19: Arkansas Lawmaker Signals a Scaling Back of Presidential Primary Legislation

2/16/19: Amendment to Arkansas Bill Eyes March for Presidential Primary Move

3/1/19: New March Presidential Primary Bill Flies Through Arkansas Senate Committee

3/9/19: Arkansas Senate Makes Quick Work of March Presidential Primary Bill

3/13/19: Arkansas House Committee Advances March Presidential Primary Bill

3/19/19: On to the Governor: Super Tuesday Bill Passes Arkansas House


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Tip of the cap to Richard Winger at Ballot Access News for the heads up on the news of the move.


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Maine Committee Hearing Finds Support for and Roadblocks to a Ranked Choice Presidential Primary

On Wednesday, March 20, the Maine Committee on Veterans and Legal Affairs convened and considered legislation to reestablish a presidential primary in the Pine Tree state and conduct it under ranked choice voting rules. Scott Thistle at the Portland Press Herald reported that no one providing testimony spoke against the measure.

Republicans on the panel, however, balked according to Thistle:

But Republicans, who have largely opposed ranked choice, pushed back against its supporters, saying they didn’t believe the original system was broken but working as it should. 

“To me the old analogy is, ‘If it ain’t broke don’t fix it,'” said Rep. Sheldon Hanington, R-Lincoln, a committee member who questioned witnesses. Hanington said he had voted since 1980, was satisfied with the outcomes of some elections and dissatisfied with others, but wasn’t convinced the system was broken.

And representatives from the office of the secretary of state while remaining neutral on the legislation pointed out some technical problems that it would raise if it became law:

Deputy Secretary of State Julie Flynn, the state’s second-highest-ranking election official, said the Secretary of State’s Office was neither for nor against the bill, but did “wholeheartedly support a return to the presidential primary over a caucus …” 

Flynn said there were technical issues with the bill, including the timing of holding a primary election in early March and then tabulating it without running up against other deadlines in state law for candidates to turn in their nominating petitions. She said for the law to go into effect for the 2020 presidential primary, candidates would need to have their petitions filed with the state by July of this year, which would be before the bill, if passed, would go into effect.

Funding would seemingly still be a concern with this bill as it is with the other primary bill since it still calls for a separate presidential primary contest.

Neither bill has seen a working session in committee to add any amendments.


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LD 1083 has a competing bill, LD 245, that has previously been heard by the committee, and both are similar with respect to the timing of the would-be newly constituted presidential primary. Both would leave the scheduling decision up to the secretary of state, but confine the date to some time in March.

That uncertainty over the scheduling has drawn some push back from the secretary of state's office in the previous hearing hearing over LD 245. During that hearing, deputy secretary of state Julie Flynn revealed that the office had a bill in the works that would reestablish the presidential primary but on a set date, the second Tuesday in March. That bill has yet to make its way to the introduction stage much less a committee hearing. It is unclear whether it will and become another alternative that the Maine legislature will consider alongside the two other options.

It is also worth pointing out that the same filing issues would be present in any competing bill that sets a definitive date in March as well.



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Related:
1/18/19: Maine Lost its Presidential Primary

2/1/19: Maine Decision to Re-Establish a Presidential Primary Option for 2020 Hinges on Money

2/9/19: Maine Committee Hearing Highlights Familiar Divisions in Caucus to Primary Shifts

3/16/19: Alternative Bill Would Reestablish a Presidential Primary in Maine but with Ranked Choice Voting


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On to the Governor: Super Tuesday Bill Passes Arkansas House

The Arkansas state House on Tuesday, March 19 took up SB 445, the bill to shift presidential year primaries from mid-May up to the first Tuesday after the first Monday in March.

Although there has been some resistance to this bill from county clerks in the Natural state and from some lawmakers for a variety of reasons across both legislative chambers, the Senate-passed presidential primary bill has enjoyed widespread support. That trend continued in a 74-8 vote to pass SB 445. Ten Democrats joined the majority of Republicans in the lower chamber in favor while only three Republicans cast nay votes against.

The measure will now be enrolled and sent to Governor Hutchinson (R) for his consideration. As the bill's Senate sponsor mentioned while the legislation was being considered there, the governor backs the bill. Arkansas now joins Utah as a Super Tuesday state in waiting. Legislation is before the governor in both states to move the primaries in line with other states on March 3, 2020.


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Hat tip to Richard Winger of Ballot Access News for passing along the news of the bill's passage to FHQ.

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Related:
2/6/19: Out of Arkansas, An Apparent Challenge to the New Hampshire Primary

2/11/19: Arkansas Lawmaker Signals a Scaling Back of Presidential Primary Legislation

2/16/19: Amendment to Arkansas Bill Eyes March for Presidential Primary Move

3/1/19: New March Presidential Primary Bill Flies Through Arkansas Senate Committee

3/9/19: Arkansas Senate Makes Quick Work of March Presidential Primary Bill

3/13/19: Arkansas House Committee Advances March Presidential Primary Bill

3/25/19: Arkansas Presidential Primary to Super Tuesday


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Alternative Bill Would Reestablish a Presidential Primary in Maine but with Ranked Choice Voting

While legislation to reestablish a presidential in Maine under the same conditions as an expired 2016 law awaits a committee work session, another effort with a similar goal in mind has emerged.

The bill, sponsored by state Senate president, Troy Jackson (D-1st, Aroostook) and nine other Senate Democrats, would reestablish a presidential primary option, grant state parties the discretion to opt into using the state-funded contest, and leave the scheduling of the contest up to the secretary of state. LD 1083 provides the Maine secretary of state further guidance on scheduling, limiting the officer to any day in March. Each of those provisions, however, is exactly like those in the previously introduced LD 245.

Yet, LD 1083 is neither a replica of the other bill nor the bill reestablishing a presidential primary for a set second Tuesday in March date promised by the office of the secretary of state. No, LD 1083 is different because not only does it reestablish a presidential primary, but it applies the ranked choice voting system utilized in other primary and general election contests in the Pine Tree state.

Maine is not the first legislature where ranked choice voting has been raised in the context of presidential nominations in 2019. Legislators in neighboring New Hampshire are also considering the adoption of ranked choice voting in its presidential primaries. However, unlike the New Hampshire bill, the Maine effort does not clearly detail how the ranked choice system is to operate. The New Hampshire bill is designed with delegate allocation in mind, cutting off the elimination of candidates at those below the 15 percent threshold instead of winnowing to one winner. The Maine bill does not clearly account for the differences between the presidential primary and those for other offices. That said, the ranked choice law already on the books does grant the secretary of state some discretion in determining the rules of the ranked choice system in a given election. And the state parties, under the bill, are given the ability to select and allocation delegates in "accordance with any reasonable procedures established at the state party convention."

Although this bill has nine Democratic co-sponsors, it remains to be seen whether this bill will supplant the other active bill or anything from the secretary of state as the main vehicle for reestablishing the presidential primary in Maine. There will be a committee hearing on the ranked choice bill next week.

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Side Note: LD 1083 would also establish ranked choice voting as the means by which presidential electors are chosen -- still by congressional district -- as well. In other words, the intent is to apply ranked choice voting to both facets of the presidential election process.


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Related:
1/18/19: Maine Lost its Presidential Primary

2/1/19: Maine Decision to Re-Establish a Presidential Primary Option for 2020 Hinges on Money

2/9/19: Maine Committee Hearing Highlights Familiar Divisions in Caucus to Primary Shifts


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Utah House Passes Super Tuesday Presidential Primary Bill

On the final day of the 2019 regular legislative session, the Utah House passed SB 242 by a vote of 66-1 after no discussion on the floor. The measure reestablishes, funds and schedules the presidential primary in the Beehive state for the first Tuesday in March, Super Tuesday.

The change would align the Utah presidential primary with contests in 11 other states and territories (at this time) on the 2020 presidential primary calendar if Governor Gary Herbert (R) signs it into law.

This would potentially be the first time since the 2008 cycle that both parties have had the option of a primary in Utah. It was also held on Super Tuesday that year on February 5. Four years later, only Republicans in Utah held a late June primary; one that would have been non-compliant under DNC rules in 2012 had the party had a competitive nomination race that cycle. Instead Utah Democrats allocated and selected delegates to the national convention in a caucus/convention system. The legislature refused to fund the primary for the 2016 cycle and did not act on legislation to move the February primary option into compliance with national party rules.

SB 242 now heads to Governor Herbert for his consideration.



Related:
2/25/19: Legislation Would Push Reestablished Utah Presidential Primary to Super Tuesday

3/7/19: Super Tuesday Presidential Primary Bill Introduced in Utah

3/11/19 (a): Super Tuesday Presidential Primary Bill Unanimously Passes Senate Committee Stage in Utah

3/11/19 (b): Utah Senate Passes Super Tuesday Presidential Primary Bill


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Arkansas House Committee Advances March Presidential Primary Bill

After a hearing on SB 445 that saw opposition to the measure moving the presidential year primary from May to March, the Arkansas House Committee on State Agencies and Governmental Affairs passed the legislation on a voice vote.

While the committee passed the bill on to the House floor with a do pass recommendation, there was some resistance. As with the recent floor vote passing the bill on the Senate side, opposition to the two month move came from the from the membership itself. Representative Bruce Cozart (R-24th, Hot Springs) raised the issue that farmer/legislators might face with a later (April) fiscal session pushed back by a conflicting March primary election. The Libertarian Party of Arkansas took issue with the impact of an earlier filing deadline for independent candidates. And those representing both Arkansas county clerks and school boards brought up concerns with respect to the unevenness of the elections calendar from March in presidential years to May in gubernatorial years.

Despite that opposition, the committee passed the bill behind arguments that this legislation would 1) provide Arkansas voters with a voice in the presidential nomination process and 2) actually resolve the uncertainty around primary dates. On the latter point, SB 445 would make permanent the shift of the consolidated primary election in Arkansas rather than making the move, as the legislature did in 2015, but sunsetting the change after 2016. Future legislatures could still change the dates of the primaries, of course, but they would not be forced to look again at moving the date up if it was already in March.

There are not many other states that have uneven consolidated elections calendars like this, but Alabama is one, shifting primaries from March in presidential years to June in midterm years.

SB 445 now moves to the full House for consideration. It has already passed the Senate.


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Related:
2/6/19: Out of Arkansas, An Apparent Challenge to the New Hampshire Primary

2/11/19: Arkansas Lawmaker Signals a Scaling Back of Presidential Primary Legislation

2/16/19: Amendment to Arkansas Bill Eyes March for Presidential Primary Move

3/1/19: New March Presidential Primary Bill Flies Through Arkansas Senate Committee

3/9/19: Arkansas Senate Makes Quick Work of March Presidential Primary Bill

3/19/19: On to the Governor: Super Tuesday Bill Passes Arkansas House

3/25/19: Arkansas Presidential Primary to Super Tuesday


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Utah Senate Passes Super Tuesday Presidential Primary Bill

In the waning days of the 2019 regular session, the Utah legislature is in hurry up mode. The state Senate today suspended the rules on required third readings of bills before blitzing through all the legislation remaining before it that originated in the upper chamber.

That included the first substitute to SB 242, the bill to reestablish a presidential primary in the Beehive state and schedule it for March 3. State Senator Curtis Bramble (R-16th, Utah/Wasatch) quickly introduced the bill on the floor and got an immediate thumbs up on the caucus-to-primary transition from Democratic Senate caucus manager, Senator Derek Kitchen (D-2nd, Salt Lake), who cited the last two cycles with troublesome caucuses on the Democratic side in Utah. The only question Bramble received on the bill concerned its fiscal impact. The $3 million price tag cited in response to Senator Lyle Hillyard's (R-25th, Cache) query was enough to push him into the nay column when the bill came up for a vote.

But Hillyard was only joined by one other member in opposition to the measure, and the bill passed 25-2 (with two additional members absent). SB 242 now moves over to the House side. The session comes to a close on Thursday, March 14.



Related:
2/25/19: Legislation Would Push Reestablished Utah Presidential Primary to Super Tuesday

3/7/19: Super Tuesday Presidential Primary Bill Introduced in Utah

3/11/19 (a): Super Tuesday Presidential Primary Bill Unanimously Passes Senate Committee Stage in Utah


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Super Tuesday Presidential Primary Bill Unanimously Passes Senate Committee Stage in Utah

With little discussion on Friday, March 8, the Utah Senate Government Operations Committee unanimously sent SB 242 on to the full state Senate for its consideration.

The committee favorably reported the measure to reestablish a presidential primary in the Beehive state and schedule it for March 3 for the 2020 cycle. The state was without a presidential primary in 2016 and it has been since the 2008 cycle that both major parties in Utah used an available presidential primary in lieu of caucuses. The Utah presidential primary was on Super Tuesday in 2008 as well.

Technically, the bill passed and favorably reported was a substitute version of the original bill introduced by Senator Curtis Bramble (R-16th, Utah/Wasatch). But the change was made in a section concerning the canvassing process and not when or whether the primary would be held or funded.


Related:
2/25/19: Legislation Would Push Reestablished Utah Presidential Primary to Super Tuesday

3/7/19: Super Tuesday Presidential Primary Bill Introduced in Utah

3/11/19 (b): Utah Senate Passes Super Tuesday Presidential Primary Bill


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Arkansas Senate Makes Quick Work of March Presidential Primary Bill

On Thursday, March 7, the Arkansas state Senate moved with little vocal dissent to pass SB 445. The measure would shift up from late May to the first Tuesday in March the consolidated primary, including the presidential primary, in the Natural state.

In an 18-7 vote with another ten members either voting present, not voting or excused the bill passed and was sent to the state House for its consideration. Only Republicans supported the bill while the Democratic caucus was split between opposing the measure and voting present. Two Republicans voted no and explained why as the bill was considered on the Senate floor. One member, Sen. James Sturch (R-19th, Batesville), stood against the legislation due to the unresolved complaints from county elections officials (a dispute that came up during the committee hearing for the bill). The other Republican member in opposition, Sen. Blake Johnson (R-20th, Corning), argued that the bill's residual impact on when the state legislature holds fiscal sessions would disproportionately affect those members in the state in agriculture/farming.

Regardless, the SB 445 easily passed the state Senate and moves Arkansas closer to permanently shifting its presidential election year primaries to March. The House will take up the bill starting next week.


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Related:
2/6/19: Out of Arkansas, An Apparent Challenge to the New Hampshire Primary

2/11/19: Arkansas Lawmaker Signals a Scaling Back of Presidential Primary Legislation

2/16/19: Amendment to Arkansas Bill Eyes March for Presidential Primary Move

3/1/19: New March Presidential Primary Bill Flies Through Arkansas Senate Committee

3/13/19: Arkansas House Committee Advances March Presidential Primary Bill

3/19/19: On to the Governor: Super Tuesday Bill Passes Arkansas House

3/25/19: Arkansas Presidential Primary to Super Tuesday


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#InvisiblePrimary: Visible -- Presidential Primary Movement (So Far and Yet to Come)

Thoughts on the invisible primary and links to the movements during the day that was...

Presidential primary maneuvering in 2019 has gotten off to a slow start.

Obviously, the 2017 shift of the California primary weighs heavily on how one views primary movement for the 2020 cycle. And while states have changed the dates of presidential primary elections in years other than the year before the presidential election year -- like California, North Carolina and the District of Columbia have done for 2020 -- that sort of movement is the exception rather than the rule. States tend to act under a couple of primary conditions. First, legislators often wait for a period of time when there is either more urgency to move or more information to better position a contest on the calendar is available. That combination of urgency and information aligns best when newly-elected state legislatures convene after the midterm elections.

In other words, that is right now in the quadrennial cycle.

And yet, things are seemingly off to a slow start. There are at least a couple of reasons for that. For those with memories longer than just the last cycle, recall that 2011 saw a flurry of activity as a host of states with February (or earlier) contests codified in state law had to make changes to comply with new national party rules that no longer allowed February primaries. State legislatures shot out of the gate in early in 2011 and kept a constant stream of legislation going into the summer months.

But not every state played along with the new rules in 2012 and so the Republican Party in particular increased its penalties for violating the timing restrictions placed on states for scheduling their primaries and caucuses. Cleaning up that residual 2012 mess for the 2016 cycle again provided a more narrowly cast urgency to some states to move and comply with the rules.

Before 2015, four states -- Arizona, Florida, Louisiana and North Carolina -- had changed their dates for 2016. Two of those -- Arizona and Florida -- were rules breakers from 2012 and shifted back to compliant dates. Another, North Carolina, had moved to a more provocative, non-compliant position on the calendar. Combined, that alleviated some but not all of the state-level need to move. But by March 8, 2015, there still had been 20 bills introduced in state legislatures across the country, and while no state had officially moved in 2015, Florida was less than two weeks from codifying legislation to further clarify the date of the primary in the Sunshine state.

Early 2019 looks similar to 2015, but without the leftover rules breakers from the previous cycle. Yes, three states moved prior to 2019, two of them shifting a sizable chunk of delegates with them into earlier in March, but thus far just 16 bills have been proposed to change the dates of presidential primary elections in 2019 (and that includes the two 2016 caucus states, Maine and Utah, attempting to create and use presidential primaries for 2020). That is a far cry from the chaos of 2011.

Nevertheless, there are a handful of wildcards out there with the potential to add to the calendar logjam in March 2020. Colorado Democrats may be signaling a Super Tuesday primary, but that date can be officially set for any of the first three Tuesdays in March by the governor and secretary of state any time before September 1 this year. Georgia, too, grants the date-setting discretion to an officer outside of the legislature, the secretary of state. And new Georgia secretary of state, Brad Raffensperger (R) has until December 1 at the latest to settle on a date for the primary in the Peach state. Finally, New York remains a question mark. There have been some indications that a March date may be in the offing. However, that likely will not be settled until toward the end of the state legislative session in June if the past two cycles are any indication.

And keep an eye on the remaining Democratic caucus states as well. Those have tended to fall in the earlier part of the calendar in competitive cycles. Those states like Colorado and Georgia above could move into March outside of state legislatures where, so far, more attention has been granted to presidential candidate ballot access (proposed tax return requirements) than to maneuvering on the primary calendar.



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Elsewhere in the invisible primary...

1. Announcements: Sherrod Brown takes a surprising pass on a White House run.

2. #MoneyPrimary: Inslee is not shy about accepting super PAC support.

3. #StaffPrimary: This is not about recent hires by any campaign, but instead about the diversity among campaign managers on board with the various Democratic campaigns at this point.

4. #[Non]EndorsementPrimary: Unlike her rivals, Gillibrand is struggling to pull in home-state support. Part of this can be explained away by the fact that the junior New York senator remains in exploratory mode, but only part.  That does tell us something, but we can do better than a simple binary treatment of the aggregation of endorsement data. There are tiers even here. Which candidates have locked down their home state delegations? Which have not? There are degrees there that help us at this early stage to begin to differentiate between candidates. Booker, for instance, fits in the former category while Warren falls into the latter. That, too, tells us something or at the very least gives rise to questions of why the disparity between the two despite being from similarly-sized blue states. Anyway, we can do better than haves and have nots even at this point in time. But Gillibrand is certainly in have not territory here.

5. #EndorsementPrimary: Harris gains the support of three San Francisco area mayors and another from further south in Long Beach. The junior California senator also reeled in the support of DC's attorney general.

6. Travelogue: Sanders hit Iowa before he heads to New Hampshire this weekend. DeBlasio will continue his early state tour in South Carolina. Inslee stopped by the Hawkeye state as well.

7. Moulton is still mulling, now on national security grounds. Of course, this is terrain that Biden has begun to emphasize as well.

8. Hickenlooper states the obvious: finish strong in Iowa or New Hampshire or go home. That is true for him and just about every other Democratic candidate.


Has FHQ missed something you feel should be included? Drop us a line or a comment and we'll make room for it.


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Super Tuesday Presidential Primary Bill Introduced in Utah

With the 2019 Utah state legislative session in its waning days, legislation has been introduced to schedule the newly funded presidential primary in the Beehive state for Super Tuesday.

State Senator Curtis Bramble (R-16th, Utah/Wasatch) has filed SB 242. The bill would not only schedule the presidential primary funded during the 2017 session for the first Tuesday in March, but would make some other technical corrections to the presidential primary code that has remained as part of the Utah statutes.

Mainly, those corrections consist of a couple of matters with respect the timing of the presidential primary. First, it strikes the outdated language referring to the contest as the Western States Presidential Primary, an artifact from the early 2000s when the presidential primary was first created. But second and more importantly, the legislation also removes a clause -- "the the legislature makes the appropriation" -- that makes the the default funding mechanism conditional on the legislature. Of course, the legislature retains the ability to end those appropriations, but now it is a given rather than requiring the legislature to take the proactive step of adding the funding.

The legislative session ends on March 14, so this one will have to move quickly.



Related:
2/25/19: Legislation Would Push Reestablished Utah Presidential Primary to Super Tuesday

3/11/19 (a): Super Tuesday Presidential Primary Bill Unanimously Passes Senate Committee Stage in Utah

3/11/19 (b): Utah Senate Passes Super Tuesday Presidential Primary Bill


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Colorado Democrats Signal Super Tuesday Presidential Primary in Draft Delegate Selection Plan

The public release late last week of the Colorado Democratic Party draft delegate selection plan contained at least some indication that the newly reestablished presidential primary in the Centennial state will fall on Super Tuesday.

Indeed, that is the earliest date on which the Colorado governor in consultation with the secretary of state can set the date. But the pair have until September 1, 2019 under the new law to set the date for a Tuesday between the first and third Tuesdays of the March. That gives them a bit of discretion in choosing the most advantageous spot on the calendar for the Colorado primary. And that window is going to be jam-packed with contests. As of now, the first Tuesday in March -- Super Tuesday -- is the most delegate-rich date on the calendar, followed by the second Tuesday in March (if Washington finalizes a move to that date), and that is followed by the third most delegate-rich date on the third Tuesday in March.

That is the range in which Colorado can settle. And there are a number of different paths that can be taken. Again, the state Democratic Party and the secretary of state are assuming a March 3 date for the primary. That would not only be the earliest date allowed by the national parties for states other than the carve-out states to hold primaries and caucuses, but would be the earliest under Colorado law that the date could be set. But that is a date devoid of regional partners (unless one considers the behemoth contest further west in California). Utah, too, could end up on Super Tuesday. Other western partners -- Idaho and likely Washington -- would coincide with a Colorado primary a week later and neighbor Arizona has its primary on the third week in March.

Regardless, the governor and secretary of state have until September 1 to make that decision. All we have from Colorado Democrats and the secretary are assumptions -- signals -- that the primary in the Centennial state will fall on that date. However, the date remains an unknown and Colorado something of a wildcard on the 2020 presidential primary calendar.

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Funding for the Idaho Presidential Primary "Slipped Through the Cracks"

Just when it looked like both Idaho parties would use the presidential primary election in 2020...


...came this news from Betsy Z. Russell at the Idaho Press:

Idaho Secretary of State Lawerence Denney forgot to budget for the 2020 presidential primary, creating an unpleasant $2 million surprise for legislative budget writers who set his office’s budget on Wednesday. 

The Legislature’s Joint Finance-Appropriations Committee had already set all but 4 percent of the state’s general fund budget for next year, working through it agency by agency over the past month, when Denney’s came up with a $2 million hole in it.

This is atypical. Usually if there is a funding issue with a presidential primary, it something that is initiated by the secretary of state or state legislature to save funds in a given state. Washington state, for example canceled its presidential primary during the 2012 cycle to cut back on expenditures and states like Alabama, California and New Jersey consolidated separate presidential primaries in the same cycle with the same intent.

But forgetting the appropriation entirely is a different matter. That is a new one to FHQ. But in Secretary Denney's defense, he is right that the appropriation for the 2016 primary was included in a parallel bill to the legislation to reestablish the presidential primary in the Gem state and not in the funding package. If one starts a new legislative year with the items in the appropriation package the session before, then something funded outside the main appropriations bill can potentially get lost in the shuffle.

Still...


What is at least somewhat noteworthy about all of this is that Idaho Democrats came to the conclusion last summer to utilize the primary in lieu of caucuses during the 2020 cycle and have already made plans -- via their draft delegate selection plan -- to do just that.

This will likely get worked out, but it is not a snafu that is all that common.

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New March Presidential Primary Bill Flies Through Arkansas Senate Committee

Rather than continue to amend his original bill, state Senator Trent Garner (R-27th, El Dorado) filed a new version of his legislation to shift up the date of the Arkansas presidential primary from May to the first Tuesday in March.

SB 445 was introduced on Tuesday, February 26 and the impetus behind the measure was to start with a clean slate and make some technical corrections to standardize the Arkansas election code. The new bill also moves the preferential primary from late May to the first Tuesday in March, but it makes the change permanent (something that was not the case in 2015 when the primary in the Natural state was similarly shifted but only temporarily). The legislation would permanently schedule the Arkansas consolidated primary for March in presidential election years and May in gubernatorial (midterm) years, while also allowing for school board elections to take place in either spot or during the November general election.

Garner in introducing the bill to the Senate State Agencies and Government Affairs Committee during a hearing on Thursday, February 28 made all the typical arguments for an earlier primary, focusing mainly on the potential attention the move to Super Tuesday would facilitate in the state and closed by saying that Governor Asa Hutchinson supported the shift. While there was some discussion among the committee members on the bill, most of it followed similar lines and was favorable. A representative for county clerks and elections administrators raised some red flags about the constant back and forth nature of the timing of Arkansas primaries in presidential years over time, but did not oppose the move.

After a brief hearing, the committee, on a voice vote with minimal dissent, signed off on the bill with a do pass recommendation. The measure now heads to the state Senate for consideration of the full chamber.


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Related:
2/6/19: Out of Arkansas, An Apparent Challenge to the New Hampshire Primary

2/11/19: Arkansas Lawmaker Signals a Scaling Back of Presidential Primary Legislation

2/16/19: Amendment to Arkansas Bill Eyes March for Presidential Primary Move

3/9/19: Arkansas Senate Makes Quick Work of March Presidential Primary Bill

3/13/19: Arkansas House Committee Advances March Presidential Primary Bill

3/19/19: On to the Governor: Super Tuesday Bill Passes Arkansas House

3/25/19: Arkansas Presidential Primary to Super Tuesday

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Puerto Rico Democrats Eye March Presidential Primary Shift

In a nice #InvisiblePrimary piece about the role Puerto Rico might play in the 2020 Democratic presidential nomination process, Marc Caputo had a line that could have been lost in the shuffle if one was not paying close attention:

Adding to Puerto Rico’s political value, Gov. Ricardo Rosselló is backing a plan to move the 2020 primary from early June to one of the final two weekends in March.

That is the sort of action that usually grabs FHQ's attention. And rusty though my Spanish may be, there is no bill currently before the Puerto Rico Assembly that would shift the date of the presidential primary on the island. I have checked.

So FHQ reached out to Caputo to see if there was any more light he could shed on the matter. While there is no bill with any language to change the June primary date to March for Democrats in the territory, Caputo shared with FHQ that there is a bill that may be used as a vehicle for pushing that change. S 1026, a still-active bill introduced in June 2018 by Senator Miguel Romero Lugo (PR-District I, San Juan), currently calls for a renaming of the presidential primary act and the addition of a requirement for presidential candidates to release five years of tax returns to appear on the primary ballot. The tentative plan is to amend that bill and tack on the Democratic presidential primary date change.

The current statute treats the Democratic and Republican presidential primaries differently.¹ The Republican primary essentially defaults to the first Sunday in March while the Democratic primary follows three months later on the first Sunday in June. In some ways the set up is similar to the primary scheduling in South Carolina where the two parties' primaries are typically on separate days. But in the Palmetto state those two contests have tended to be only a week apart in years in which both parties have active nomination races.

Three months between contests in Puerto Rico is a bit different. But with this potential change -- if the bill above is amended -- the later Democratic primary would be nudged up the calendar into March, the same month as the Republican primary, albeit not on the same date. That would push another 51 pledged delegates into what is shaping up to the be the busiest month on the primary calendar.


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¹ The statute setting the date of the presidential primary in the Puerto Rico is as follows:

§ 1324. Primary date  

The presidential primary of the Republican Party will be held on the last Sunday of the month of February of the year in which the presidential elections in the United States are to be held, as long as it does not precede or coincide with the celebration of the presidential primary of the State of New Hampshire. If there is such a conflict, the presidential primary will be held on the first Sunday of March. The Democratic Party presidential primary will be held on the first Sunday of June, that same year. In case of opting for a political party affiliated by the alternative of Assembly arranged in sec. 1350 of this title, it will be celebrated on these dates.

[Emphasis is FHQ's]


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When and if the Puerto Rico bill in question is amended with a provision to change the date of the primary there, FHQ will add it to the 2020 presidential primary calendar.

Hat tip to @heyitsfoxyyyy for bringing the Caputo piece to FHQ's attention.


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Ohio Bill Would Move Buckeye State Presidential Primary to May

Legislation introduced this week would shift the presidential primary in Ohio from the second Tuesday after the first Monday in March to the first Tuesday after the first Monday in May.

There have been other bills floating around during the 2019 state legislative sessions across the country, but none of them have so far called for a later new date for the 2020 cycle. This Ohio bill -- HB 101 -- changes that.

But the reasoning behind the effort differs somewhat from the states-moving-back scenario FHQ described last fall and earlier in 2019. There, the focus was on what Republican-controlled legislatures might do with 2020 presidential primary scheduling during 2019:

Contrast that with the Republican-controlled state governments across the country. Their motivation is different. Protect the president? Then move back (and see the state party shift to a winner-take-all allocation method). Hurt the Democrats? Then move back and shift an important constituency concentrated in a particular region. Think about that SEC primary coalition from 2016. That could break up and push the votes of a valuable Democratic voting bloc -- African American -- to later in the calendar. That might affect some candidates more than others.

Typically partisan actors on the state level leave well enough alone if their party controls the presidency. The motivation is just different for parties occupying the White House.  And there has been more inaction than action in 2019 across the country in states whether controlled by Democrats or Republicans.

But this Ohio bill fits the pattern outlined above: a proposed backward shift and a Republican-dominated legislature.

Yet, there is a catch. This bill is not a Republican vehicle for broader calendar mischief. Instead, it is a Democratic-sponsored bill with an entirely different motivation; an administrative one. Ohio primaries are in May unless it is during a presidential election year. In presidential years, everything moves up to March. Rep. Jack Cera (D-96th, Bellaire) and his seven Democratic co-sponsors offered the bill because those March presidential primaries, according to Cera via BuzzFeed, "are an unfair burden on local elections administrators and candidates who have a narrower window to prepare for the next election."

Election administration is a common counter to any presidential primary maneuvering, and this case is no different. But it is a harder case to make in light of the fact that Ohio has had a March presidential primary since the 1996 cycle. Two fewer months of preparation for elections administrators and candidates is not nothing, but it is a practice that one could argue has become institutionalized in presidential years over the last two plus decades. This would be another matter entirely if the Ohio presidential primary was on a different date than the primaries for other offices. That would entail additional preparations and costs associated with one more election. But Ohio primaries are consolidated.

And 2020 is not a cycle like 2012 when, because of unresolved redistricting issues in the Buckeye state, the presidential primary was moved from March to May, then from May to March before it was moved from March to June and the back to March again (with May again at one time considered a potential landing spot). That was a burden to elections officials and candidates during 2011. Ohio having another March primary in 2020 does not meet the level of that sort of burden.

Reasoning aside, this bill may not be high on the agenda of Republicans in control of the levers of power in Ohio state government. And no matter what Ohio legislators opt to do, both the March date and the targeted May date have regional partners. Michigan is scheduled to have a primary on March 10 and Indiana will hold a May 5 primary.


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Ohio has a history with first Tuesday after the first Monday in May presidential primary dates. The state conducted primaries in that position in both 1984 and 1988.


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This Ohio bill will be added to the 2020 FHQ Presidential Primary Calendar.


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