(CN) — President Biden may have shot himself in the foot in his effort to change which states go first in the 2024 presidential primary contests — his plan has run into legal roadblocks, he’s alienated political leaders and voters in important swing states, and he could end up losing the New Hampshire race (and conceivably the Iowa caucuses) by not being allowed to appear on the ballot.
“Right now, Robert Kennedy Jr. is the favorite in the New Hampshire primary,” said Dante Scala, a political science professor at the University of New Hampshire.
“The chances are not low that Biden will embarrass himself,” agreed Andrew Smith, director of the University of New Hampshire Survey Center and co-author of "The First Primary," a history of the state’s contest. And the squabbles could also harm Democrats in down-ballot races in several states.
Although the scheduling mess was entirely foreseeable, the Biden campaign apparently had no back-up plan if states like Iowa and New Hampshire resisted the Democratic National Committee’s call to give up their early-voting status.
“They thought they could ram it through and that New Hampshire would somehow capitulate,” Smith said.
With only seven months to go before the primaries get underway, the schedule of who votes when is still up in the air and shows no sign of being settled soon.
The problems began in December when Biden sent a letter that urged the DNC to eliminate caucuses and move states with larger Black and Hispanic populations to the front of the calendar. Two months later the DNC approved a plan to give South Carolina the first primary on February 3, 2024, followed by New Hampshire and Nevada on February 6 and Georgia on February 13. Iowa, which is 90% white and where the caucuses in 2020 produced a confused muddle, was relegated to the middle of the pack.
But the plan almost immediately ran into problems. Georgia Secretary of State Brad Raffensperger, a Republican, simply refused to change the date of the state’s March 12 primary. “If you want to get most things done in America, sometimes you have to build some consensus and reach out to both sides of the aisle,” Raffensperger said, noting that the DNC hadn’t even bothered to try to work with him or the state’s Republicans to reach a compromise.
At this point, Georgia Democrats “have no leverage” and “have given up,” said Charles Bullock, who teaches political science at the University of Georgia.
In New Hampshire and Iowa, Democrats are up against state laws that say the states’ primaries and caucuses must be scheduled so as to be the first in the nation.
“State law is state law and has to be followed,” Smith said. “The parties can’t overrule state laws.” Nor is it likely that the laws will be amended to suit the Democrats, since Republicans control both states’ legislatures. “There’s no chance that New Hampshire will change its law,” said Scala.
New Hampshire Governor Chris Sununu, a Republican, said changing the law “is never going to happen. … We will not be blackmailed, we will not be threatened, and we will not give up.”
In Iowa, Democrats appear to have found a loophole: While the caucus must be the first in the nation, Democratic officials can simply meet and appoint committee chairs and conduct some other party business and call that a caucus, and then conduct a separate mail-in presidential preference vote, said Timothy Hagle, a political science professor at the University of Iowa.