Category Archives: Primary Elections

Primary Elections — Week of March 18

With the presidential nominations effectively wrapped up, the focus of primary season shifts to Congress.  States face conflicting incentives in terms of primary scheduling.  First, for presidential primaries, an early primary increases the chance that a state will vote before the nomination is effectively decided.  But, especially a state with a part-time legislature that only meets in the Spring, a Summer primary allows the legislature to wrap up its business (with appropriate goodies for the districts of favored legislators facing a tough race) and gives the legislators time to spend back in their district campaigning.  Second, it saves money for a state to combine presidential primaries with the primaries for other offices.  Thus, only some of the states with early primaries for president also have the primaries for other offices on the same day.

This week, three states have primaries for “other” offices.  The first is actually a special election.  That election is to fill the seat created by Kevin McCarthy deciding that he did not want to return to just being a member of the House after he lost the vote of no confidence (technically motion to vacate the chair) last fall.  For regular elections, California uses a “top two” primary in which, regardless of the vote for the leading candidate, the second-placed candidate advances to the general election.  For special elections, if the leading candidate gets a majority, that candidate wins.  If not, there will be a runoff between the top two candidates.  Two weeks ago, there was the regular primary for the seat.  Given how long it takes California to process its ballot, the race for second place is still too close to call.  Given that most of the votes remaining appear to be from the county in which the current third-placed candidate finished ahead of the second-placed candidate, the primary may actually be recount close.  Right now, the “second” Republican is still in second place.  That should discourage Republicans from unifying behind the current leading candidate in the special election (as supporters of the Republican currently in second have hopes that their candidate will make the general election and do not want to make the leading candidate the incumber candidate).  As the leading candidate did not get a majority in the primary, there is a good chance that there will be a runoff in this race.  If the leading candidate (Kevin McCarthy’s handpicked candidate, Vince Fong) can get the majority, the Republicans get this seat back.  If not, it remains vacant until after the runoff in two months (probably keeping the seat vacant through June).  Needless to say, the Republicans in Washington are praying for an outright winner on Tuesday.

The next state on the list is Ohio.  In recent years, ticket splitting has declined, and it has become harder for a Congressional candidate to win a state/district that voted for the presidential candidate of the other party.  Currently, there are only senators (three Democrats and two Republicans) representing states won in 2020 by the other party.  The three Democrats are up for election this year.  Joe Manchin of West Virginia has decided that, despite his personal popularity in his state, the presidential margin is just too much to overcome.  That leaves Jon Tester of Montana and Sherrod Brown of Ohio to face their voters this year.  Given that Ohio has been getting redder in recent years, Republicans are hopeful that whomever they nominate might win the seat in November to give the Republicans a senate majority.  But with Republicans thinking that they can win, the primary attracted multiple candidates.  The race originally looked like a three-person race.  Objectively, if Republicans wanted somebody ready to be a senator, the obvious choice would be the current Secretary of State, Frank LaRose.  But serving in an executive position requires actually following the law.  And, while Secretary LaRose has definitely put his thumb on the scale as much as he can, those decisions disqualify him for “purists.”  Neither of the other two candidates would be a strong contender if the Republican primary was being held in the real world.  With Secretary LaRose struggling, the establishment has unified behind Matt Dolan.  What Mr. Dolan has going for him is that his family is wealthy, and he has been willing to spend enough of his own money to be competitive (both this cycle and two years ago when he put up a solid fight in the primary for the other seat).  The Trump candidate is Bernie Moreno.  As was the case back in 2022, for Democrats choosing to participate in the Republican primary, the question is whether to vote for the weaker candidate (Moreno) to increase the odds of winning in the general election or to vote for the sanest candidate (Dolan) just in case Brown loses in November.  The national party has run adds attacking Moreno as too extreme in the reverse psychology ploy to get Republicans to commit political suicide by nominating Moreno. Continue Reading...

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Super Tuesday Week

Tuesday is Super Tuesday — the first Tuesday of the primary cycle in which any state can hold a primary contest.  As most states use state-run primaries, there will be a large number of states on Tuesday.

But, before Super Tuesday, several states that are using party-run contests will be holding Republican contests as the “window” for the Republicans opened yesterday.  (The “window” for Democrats opens on Tuesday.)  As discussed last week, one of the contests today is the second half of the Republican’s Michigan two-step with the Republican state convention which will be allocating the “district” level delegates.  In addition to Michigan, today will see events in Missouri and Idaho.

The Missouri Republican rules are somewhat ambiguous.  It looks like they are doing a traditional caucus with a 15% threshold and an unspecified winner-take-all kicker at local option.  But rather than allocating delegates based on today’s vote (which is what the national rules appear to require), they are merely binding the delegates chosen today to vote the same preference at the district conventions (which should effectively have the same result).  Missouri is using a caucus because our current Secretary of State repeatedly lied and claimed that the state-run primary was nonbinding (when the rules of both party made the primary binding) and a repeal of the primary was slipped into an omnibus election bill which passed despite the unanimous opposition of Democratic legislature).  The Democrats will be holding a party-run primary in three weeks with a mail-in option. Continue Reading...

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South Carolina Recap

It’s hard interpreting the Republican results for president this year.  If Donald Trump were the incumbent, the numbers that he is getting would be the sign of substantial opposition within the party.  If this year were a truly open primary (i.e. he was not being treated as the “incumbent candidate” by Republicans), his results would be outstanding.

But the bigger story out of Saturday might be at the Congressional District level and is about the House of Representatives, not the presidency.  Nikki Haley only won one of the seven congressional districts — the First District.  Nancy Mace is the current, two-term, incumbent.  She was one of the “Freedom Caucus Eight” who voted to vacate the chair.  Kevin McCarthy is apparently planning on supporting a primary challenger to Representative Mace.  Does the fact that Nikki Haley got 53% of the vote show that a majority of the Republicans in the First District will support an establishment challenger to a Trumpist candidate.  If so, the Representative Mace’s time in Congress might be coming to a quick end.  Additionally, while the lines were a little different, the last time that the Republicans were this divided and supported the more extreme primary candidate, the Democrats managed to win this district (in 2018).  So, if the Democrats find a credible candidate for the general and Representative Mace wins the primary, perhaps enough real Republicans do not vote in the general or opt to vote for the Democrat to take this seat away from the Freedom Caucus.

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2024 Presidential Primaries — South Carolina Republicans and Michigan

As we head into the last week of February, we are also reaching the end of the authorized early primaries.  Under the respective rules of the two parties, there is a preliminary window in which only some states were authorized to hold early primaries/caucuses.  For the Republicans, the “regular” primary window opens on March 1.  For Democrats, the “regular” primary window opens on the first Tuesday in March (March 5).

For this last week, we have three primaries on the book.  First up, today, is the South Carolina Republican primary.  South Carolina law allows the parties to choose the date of their own primary, and the two parties have tended to choose different dates (but usually a Saturday).  And so we had the Democratic primary several weeks back which was won by President Joe Biden.  Now, it’s the Republican primary.  While there are seven candidates on the ballot, two of them are not known nationally, and three of the nationally-known candidates have dropped out.  In other words, while five of the candidates may get some votes, there are only two with any chance of winning delegates — former South Carolina Governor Nikki Haley and a candidate who ineligible to be president, Donald Trump.  South Carolina Republicans use a “winner-take-most” system for allocating delegates.  In other words, each congressional district has three delegates and whomever wins that district gets all three delegates.  Likewise, there are twenty-nine at-large delegates, and whomever wins the state gets all twenty-nine delegates.  Especially with only two serious candidates in the races, whomever wins statewide will have won at least one congressional district (and probably will have won more than one).  Thus, the winner of the primary is guaranteed to take at least 32 of the 50 delegates (which is why this type of system is referred to as winner-take-most).  Despite the fact that Nikki Haley used to be the governor of South Carolina, the traditional Republican Party in South Carolina is dead and has been replaced by the Trump Party.  While anybody who did not vote in the Democratic Primary could theoretically vote in the Republican Primary, there probably will not be enough independents and Democrats voting to save the Republican Party from itself.  Polls show Donald Trump leading by a wide enough margin that he should win all fifty delegates, and the only question is whether Nikki Haley can make it close enough to steal a district or two.

On Tuesday, we will primaries for both parties in Michigan.  President Joe Biden should win the state easily.  Neither Representative Dean Phillips nor Marianne Williamson is a serious contender to reach the fifteen percent to win delegates.  The real contender to take delegates away from President Biden is “uncommitted.”  Representative Rashida Tlaib has been encouraging voters to vote for uncommitted in protest of President Biden’s middle of the road stance on Israel’s response to Hamas’s invasion of Israel.  While the pro-Palestinian progressive wing of the Democratic Party has a problem with Israel trying to remove Hamas from the Gaza Strip, if President Biden were to do what they want him to do, it would guarantee Donald Trump’s victory in November.  If uncommitted stays below 15% (state-wide or in any individual district), President Biden will win all of the delegates (state-wide or in that district).  The largest districts have seven delegates; so it is unlikely that uncommitted will get more than one delegate in any individual district.  The one exception to that might be Representative Tlaib’s district.  And the issue in that district will be whether uncommitted can get to the 21% necessary to win a second delegate.  If uncommitted does not win any delegates in that district, we could see a primary challenge to Representative Tlaib emerge.  State-wide, there are twenty-five at-large delegates and fifteen party-leader delegates.  As such, if uncommitted were to get to fifteen percent state-wide, uncommitted would get, at least, four at-large and two party-leader delegates.   But the expectation is that President Biden will win almost all of the 117 delegates at stake on Tuesday. Continue Reading...

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Presidential Primaries — South Carolina, Nevada, and Virgin Islands

Over the next week, we will have four/five primary contests for the two parties.  (Four if you only count the binding contests, five if you count the beauty contests.)  This list includes the first two sanctioned contests on the Democratic side.

First up is today’s Democratic primary in South Carolina.  South Carolina is a little bit different from the rest of the country.  While South Carolina has a state-run primary, it allows the parties to choose the date of its own presidential primary.  As a result, it is not unusual for the two parties to choose different days.  (That flexibility allowed the Democratic National Committee to place South Carolina at the start of the primary schedule.)  The Democrats will hold their primary today, but the Republicans will not hold their primary for another three weeks.

As with most other states, the Democratic primary is essentially multiple primaries at the same time.  There are, effectively, two state-wide primaries — one for at-large delegates and one for “pledged party leader and elected officials” (PLEO) delegates.  Meanwhile, there is a primary in each congressional district.  Voters will cast only one vote, but it will be counted in each of the relevant contests.  For each of these races, the key number is 15%.  Any candidate who gets 15% will get at least one delegate from that pool of delegate. Continue Reading...

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New Hampshire Primary

Today is round two for the Republicans with the New Hampshire Primary.  Because primary dates are set by state law, there will also be a non-binding primary (a/k/a “beauty contest”) on the Democratic side (more on that below).

While there will be other candidates on the ballot, there are only two major candidates on the Republican side — Donald Trump and Nikki Haley.  Given that New Hampshire has a semi-open primary in which independents can vote in either party’s primary, it is believed that there will be a significant number of “moderates” who opt to vote in the Republican primary.  If there is a chance for Nikki Haley to win nationally, she needs a win in New Hampshire.  Given Trump’s many issues (legal, physical, mental), the Republicans really do not need the chaos that would ensue if Trump “wins” the nomination but has to withdraw before the convention.  (And while it is hard to project what the Supreme Court intends to do, it is easier for them to do the legally correct thing if Trump is not the presumptive Republican nominee.)  New Hampshire is a proportional state, so unless Haley or Trump blows the other out of the water what really matters here is the perception that Haley can compete and beat Trump than the actual delegate count.)

On the Democratic side, the timing of the New Hampshire primary (set by state law) violates the national delegate selection rules.  As a result, the primary is a non-binding primary.  Because the New Hampshire Democratic Party has decided to resist the national rules and support the unenforceable state law mandating that other states let New Hampshire goes first, New Hampshire has had its delegate total reduced to ten delegates.  More importantly, we do not yet have an approved plan for how those delegates will be chosen. Continue Reading...

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Iowa Caucuses 2024

The 2024 presidential primaries officially kicks off on Monday night in the frigid cold of Iowa.

Traditionally, the Iowa Caucuses have three major components.  First, they are used to create the local organization of the political parties as caucus attendees elect the precinct’s representatives to the county committee.  Second, they are used to choose the delegates to the county convention (which in turn will choose the congressional district/state convention delegates who will elect the national convention delegates).  Third, a preference vote is taken which is used to allocate national convention delegates.

Thanks in part to Iowa’s move to the right and past problems with counting and report the preference vote, the national Democratic Party has rescinded its permission for Iowa to conduct a pre-March preference vote.  Unlike their counterparts in New Hampshire, Iowa Democrats have worked with the national party (in the hopes that in the future they might get a pre-March spot back).  But it is helpful to have both parties hold their precinct caucuses on the same date and holding a later event would create timing issues.  So the Democrats will use their caucuses for the purposes of electing party officials and the delegates who will attend the county conventions.  But to comply with national party rules, there will be no presidential preference vote on Monday.  Instead, there will be a party-run primary that will conclude in March. Continue Reading...

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What the Indictment Might Mean for 2024

To begin with the obvious, an indictment is a document used to formally bring criminal charges against an individual (here the Orange Menace).  Under the law, all criminal defendants are presumed to be innocent of the charged offense, and the prosecution has the burden to present sufficient evidence to convince twelve jurors to unanimously agree that the evidence proves that defendant guilty beyond a reasonable doubt.

There is no precise timetable for when a case must go to trial.  The U.S. Supreme Court has held that, as a matter of federal constitutional law, a trial begun within eight months of charges being filed is sufficiently speedy to satisfy the speedy trial clause of the U.S. Constitution.  If, as often happens, it takes more than eight months to bring a case to trial, the courts then use a balancing test to decide how long is too long.  In theory, Trump might be able to delay the trial until after the 2024 election.  If he succeeds in this goal, the problems for him will be mostly how much of a distraction the pending case(s) will be (both in terms of time and money) and how voters react to the charges.  While it’s too early to tell for sure, the initial reaction of voters seems to be that the true believers will see any accusation against their god as persecution and an attempt to block them from electing him.  This groups might be just enough to get him the Republican nomination, but this group is not large enough to get him elected.  On the other hand, a significant group of swing voters seem to be tired of the chaos and criminality associated with Trump, and these charges (unless something else comes out to undermine them) seem likely to make it harder for Trump to win the general election.

The “interesting” questions come when Trump is convicted.  (Most defendants are convicted.  While there is an old saying that a grand jury would indict a ham sandwich, that saying is only half true.  Yes, the prosecution controls what a grand jury hears, but they still need some credible evidence that the defendant committed a crime.  And, after you get the indictment, you still need to win a trial.  While some prosecutors might put the hand slightly on the scale to get an indictment in a case that is a close call, it does little good to bring charges when your evidence is so weak that you have no chance at getting a conviction.)  And this is a question of ballot laws in the fifty states (plus D.C.) and the rules of the Republican Party. Continue Reading...

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Presidential Primaries and Delegate Selection

For most people, the presidential election begins sometime after the mid-terms — either when candidates start to announce, or when the parties start holding debates, or just before the Iowa Caucuses.  But the actual planning begins much, much earlier.  Over the next two years, the Democrats and Republcians will be deciding whether to make any changes to the rules for the 2024 Convention.

Technically, the Democrats begin every cycle needing to adopt rules.  Of course, there are rules from the last time, and those rules will be mostly readopted.  There may be changes to some provisions, but the Democrats do not start from scratch.

As noted in Sunday’s post, the Republicans officially adopt their rules for the next cycle at their national convention.  Any change to those rules requires an extraordinary majority on the Republican National Committee with a deadline of September 2022 to make any changes for this cycle. Continue Reading...

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Tomorrow’s Massachusetts Primary

Tomorrow is the Massachusetts primary. It’s a fascinating microcosm of campaigns. If you’re a political junkie (LIKE ME!) you’ve been following it really closely. While the 4th CD is a complete toss up (with a bunch of good options), the 1st CD is a battle between a really good guy (Richie Neal) who is being challenged by a guy who skirted the (possibly fake) sexual accusations against him.

Sometimes these challenges make sense — notably this year, Eliot Engel’s loss. Which was no great loss in the grand scheme of things: Engel was not that productive, and he’d lost touch with his District. But Richie Neal? One of the authors of the ACA, and the new NAFTA, Chair of Ways and Means. With a great body of legislative accomplishment that have been good for his district and for the nation. Challenger Alex Morse has said he would have voted against the CARES Act. He felt it didn’t go far enough. This shows a complete naivete of both necessity and political process. You want to be aspirational? Fine. But don’t do it when people need immediate financial relief from disaster. Morse believed that $600 a week wasn’t enough, and the $1,200 wasn’t enough…too many Alex Morses and no one would have gotten anything because those were the top numbers the House was going to be able to wrest from the Senate.

And then there’s the Ed Markey – Joe Kennedy Senate primary, which is actually the race, as the victor will win the seat in November. It’s astounding to me that Kennedy is challenging Markey not so much on issue grounds (their views are similar, although where there is a difference, Markey is more left than Kennedy) but because he’s OLD. No one ever says Ruth Bader Ginsburg is too old, as an aside. Continue Reading...

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