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Monday, April 22, 2024 | Back issues
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Messy primary calendar could hurt Democrats in general election 

Efforts to shake up the primary voting process have spawned squabbles, blowback and legal issues that could cause problems for the left in multiple states. 

(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. 

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“Iowa Democrats have been grumbling about the caucus process for years,” he said. “Turnout is low, it takes forever, and a lot of areas don’t have a big enough space to hold it.” 

The mail-in vote was part of a proposal submitted by the state party to the DNC, but the proposal was vague on when the vote would be held and whether the results would be announced at the same time as the caucus, which would preserve the state’s lucrative first-in-the-nation status. The DNC rejected the plan as noncompliant — and could potentially punish the state by taking away some of its delegates — but it gave the state additional time to adjust its plan with a later date. 

Even if Iowa insists on holding its mail-in vote before South Carolina, it might still lose its first-out-of-the-gate position because New Hampshire Secretary of State David Scanlan, a Republican, claims that a mail-in vote would be a primary, not a caucus, and New Hampshire would be legally obligated to schedule its primary first. 

The scheduling snafu could cost Iowa Democrats at the polls, Hagle observed, both in state elections and in the presidential contest. “Iowa has been trending red, but it voted for Obama twice, and independents swing elections. If it looks to independents like the party has abandoned the state, it could make a difference in the fall.” 

Republicans have been pouncing, with U.S. Senator Joni Ernst claiming that Democrats are giving Iowans “the middle finger.” 

Apart from prestige, Iowa’s lead-off caucuses have historically generated hundreds of millions of dollars in local advertising revenue, restaurant and hotel business, and positive exposure. 

In addition, the caucuses traditionally allowed unaffiliated voters to declare a party preference when they arrived so they could participate. Parties benefited as well from having these people be part of the process and adding them to their rolls so as to be able to communicate with them later, Hagle said. A mail-in vote would eliminate a lot of leaners who might otherwise join the Democrats. 

Iowa Democratic political leaders “are unhappy, but they’re not saying anything publicly,” according to Hagle.  

In New Hampshire, though, party officials are in open revolt. Jeanne Shaheen, a New Hampshire Democratic U.S. senator, said she supports the Granite State going first. “I don’t care what the Democratic National Committee says,” she added. 

California Congressman Ro Khanna was invited last month to address a major state Democratic fundraiser in part because he publicly opposes the DNC’s plans. “It would be political malpractice” for the DNC to punish New Hampshire for going first, given that it’s a swing state in the fall, he said at the fundraiser, to rousing applause. 

If the DNC refuses to budge, then Biden would have to keep his name off the primary ballot in order to comply with party rules, ceding the state to Kennedy and self-help guru Marianne Williamson.  

In theory, a write-in campaign could be launched for Biden, but Scala said that could be “the worst of both worlds” for him. Write-in campaigns are notoriously difficult to pull off, he emphasized, and Biden would look even worse if he lost the primary than if he boycotted it.  

Scala also said that Biden “would be a gross hypocrite” if he didn’t squash a New Hampshire write-in campaign after demanding that South Carolina go first — which could potentially cost the party support in South Carolina. 

Either way, Democrats could suffer at the polls in New Hampshire for attacking one of the state’s signature honors. Scala doesn’t think the issue will hurt Biden much in the general election, although “a good number of Democrats are pretty sore at him,” and Smith predicts that the effect on the vote would be no more than a percent or two. But that could make all the difference — in 2016 Donald Trump lost the state by only three-tenths of a percentage point.  

As for why the DNC created such an avoidable controversy, Scala says it’s partly because the party has wanted for decades to increase the impact of minority voters and partly because Biden wants to repay South Carolina for saving his 2020 candidacy after he finished fourth in Iowa and fifth in New Hampshire.  

“He wants to reward his friends and punish his opponents,” Scala said — and it’s easier to make such a difficult change in a year where there’s little in the way of a nominating contest. 

Smith added: “Both parties have wanted to get rid of the primary process, or at least exert greater control over it, since the 1968 reforms. I think the DNC saw this year as a good opportunity to get rid of the New Hampshire and Iowa problem of not selecting the ‘right’ candidate — going all the way back to George McGovern and Jimmy Carter.”

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