Friday, April 18, 2025

Puerto Rico bill would create new avenue to canceling presidential primary

Legislation has been introduced in Puerto Rico to allow for the conditional cancelation of future state-run and funded presidential primary elections. 

Rep. José Varela Fernández (PPD-32nd) introduced PC 76 in January 2025. The measure would grant the government in the US territory the ability to cancel a presidential primary in the event that a presidential candidate has received the minimum number of delegates necessary clinch a nomination at least 30 days before the preference vote is scheduled on the island. 

The intent is twofold. First, the objective is to save money, not funding a choice-less primary vote. But also Varela Fernández's legislation would give the government the flexibility to call off a presidential primary vote should a repeat of the circumstances of 2024 arise again in future cycles. President Joe Biden faced only token opposition for the Democratic nomination and former President Trump wrapped up the Republican nomination well in advance of the late April vote. Both coasted to nominations that were decided well in advance of the two Puerto Rico primaries in 2024.

In the absence of the state-funded option, territorial parties would left to devise a method for conducting a presidential preference vote and electing delegates -- they are elected on the state-run primary ballot in Puerto Rico -- on their own. Both parties did as much in 2024 after the primary was canceled by the government in the territory.


Thursday, April 17, 2025

Companion bill introduced in Ohio House to move presidential primary to May

Rep. Daniel Troy (D-23rd, Willowick) has for a second consecutive legislative session introduced a bill to move the presidential year primaries in the Buckeye state to the first Tuesday after the first Monday in May. Currently, Ohio statute calls for the consolidated primary, including the presidential preference vote, to be conducted on the third Tuesday after the first Monday in March.

HB 197 is similar to legislation that Rep. Troy proposed and failed to move during the 2023 legislative session. The aim is to eliminate the presidential year exception to the timing of primaries in the Buckeye state, making the scheduling uniform across all years. 

The measure is identical to legislation introduced on the Senate side earlier in the 2025 session.


Tuesday, April 15, 2025

Missouri House passes Super Tuesday primary bill

The Missouri House on Monday, April 14 passed HB 126, a measure that would reestablish a state-run presidential primary in the Show-Me state and schedule the election for Super Tuesday. 43 Republicans from the majority, including four of five from leadership, joined all but one Democrat present (42 of 43) in voting in favor of the bill. The majority of Republicans -- 64 in total -- voted against HB 126.

Moving forward there is both a short term prognosis for the legislation but some longer term implications involved. For starters, HB 126 was merged with HB 367 at the committee stage. Together the combined bill not only restored the presidential primary but it also expanded the window for early voting from two to six weeks. That expansion remains in the final bill passed on Monday by the Missouri House. In discussions with the lead sponsor of similar legislation in the state Senate, however, the expanded early voting window will ultimately be scratched, squaring the two visions of the legislation across chambers and, perhaps, easing the path of HB 126 in the upper chamber. Yet, that would likely require a similar coalition of some majority Republicans banding together with all or most of the Senate Democrats. 

Over a longer time horizon, however, there are some additional roadblocks to Missouri becoming a presidential primary state (rather than a caucus and/or party-run primary state) again in 2028. HB 126 does not include any appropriation for the presidential primary election. That was left to future legislatures that may or may not be as open to the election itself and/or the fiscal tag required to implement it. Even if HB 126 passes the state Senate and is subsequently signed into law, there still may not be a presidential primary in Missouri for 2028 and beyond. 

The set up would be similar to that which existed in neighboring Kansas for years. The Sunflower state had a presidential primary on the books for two decades before it was eliminated for 2016. But Kansas legislatures during that period routinely refused to fund the election and had to go through the process of "canceling" it every four years


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Final vote on HB 126: 85 in favor, 64 opposed, 2 present (one from each party)

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Related: 



Tuesday, April 1, 2025

Missouri House tees up final passage on Super Tuesday presidential primary bill

The Missouri House on Monday, March 31 put the final touches on legislation to reinstate a state-run presidential primary in the Show-Me state. HB 126 would set the primary election for the first Tuesday in March -- one week earlier than the primary had been in presidential cycles of the recent past -- and widen the in-person absentee voting window.

The floor amendments added during the "perfection" session on Monday clear the way for a third reading and final passage of the measure in the state House. This is as deep into the legislative process that a bill has moved since a similar effort was defeated on the floor of the House in April 2023. None of the primary reinstatement legislation introduced during the 2024 session moved beyond the committee stage. 

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Related: 


Friday, March 7, 2025

Republican lawsuit seeks to overturn novel Virginia primary law

Here is one from Markus Schmidt at The Virginia Mercury with a potential impact on the presidential nomination process:
On March 1, members of the district’s GOP committee by a 22-1 margin agreed to file a lawsuit seeking to overturn what has been dubbed Helmer’s law, named after Del. Dan Helmer, D-Fairfax, who sponsored the legislation in 2021. The law effectively forces parties to nominate candidates through state-run primary elections rather than their own party-run contests.

The lawsuit, which Republicans said will be filed by Staunton attorney Jeff Adams, argues that the law — which went into effect in January 2024 — violates both the U.S. and Virginia Constitutions by removing a party’s ability to determine how it selects its own nominees.

Republicans have long expressed concerns that because Virginia does not require voters to register by party, the law allows Democrats to participate in Republican primaries, and vice versa, potentially influencing the outcome.
No, Democrats being able to participate in a Republican primary (or vice versa) in a state without partisan registration is not a new issue, but it is the one that Republicans in the commonwealth are so loudly vocalizing in the context of this law/lawsuit. But there are remedies to that that are not judicial. After all, legislative fixes are available to the Virginia GOP on that front as well. 

Regardless, crossover voting is an easier story to tell than what is likely at the heart of this case. The intent of the law is to provide for the equality of participation in the nomination process for all eligible voters, especially those who may be outside the jurisdiction at the time of the election or those unable to appear in person at a firehouse primary, caucus or convention for a variety of other reasons. The state-funded primary option guarantees that equality but the available party-run alternatives do not. And it is not that those alternatives necessarily cannot guarantee the same equality of participation for all eligible voters, but rather that state and local parties would find it difficult to finance such options.

The 2021 law, then, does not prohibit alternative nomination processes outside of the state-run primary. That is what is novel about it. Instead it places a burden on state and local parties to go that route. That burden is what is driving the lawsuit. That is the origin of the "effectively forc[ing] parties to nominate candidates through state-run primary elections..." argument. Those political units -- state and local parties -- might argue they cannot pony up the requisite resources for any alternative and that, as a result, their first amendment freedom to associate is being threatened. 

This is an interesting one, but the current law's applicability to the presidential nomination process deserves some attention as well. I will dig into that in the coming days over at FHQ Plus.



Wednesday, February 26, 2025

Missouri House presidential primary bills merged, deemed "do pass" in committee

Two bills -- HB 126 and HB 367 -- pertaining to the reinstatement of the presidential primary in Missouri got an initial green light in the state House Elections Committee on Tuesday, February 25. 

Functionally, the two bills have been merged. The language from Rep. Banderman's HB 367, reestablishing a presidential primary in Missouri, scheduling the contest for Super Tuesday and broadening no-excuse in-person absentee voting was presented as a committee substitute to Rep. Veit's HB 126. Veit will now be the sponsor of the vehicle as it continues to wind through the legislative process. 

In executive session on Tuesday, the House Elections Committee voted "do pass" on the newly merged bills by a 7-4 tally. All Democrats in attendance (3) supported the measure while committee Republicans were evenly split.

The committee's action removes one scheduling option from the table: the one that sought to exactly replicate the parameters around the Missouri presidential primary as it existed prior to being eliminated in 2022. Although the first Tuesday after the first Monday in March option is now gone, there remains a Senate version that would revive the presidential primary in the Show-Me state and place it on the second Tuesday in March


Friday, February 21, 2025

West Virginia legislator angles for February presidential primary

West Virginia state House Delegate Michael Hite (R-92nd, Berkeley) has again introduced legislation to create a separate presidential primary election in the Mountain state and schedule the contest for earlier on the primary calendar. HB 2440 would break up the consolidated May primary in West Virginia, creating a separate presidential primary to be conducted on the third Tuesday in February.

The measure is identical to legislation -- HB 5288 -- Hite put forth during the 2024 legislative session. That bill languished in committee and died without action at the conclusion of the session. 

Such a move would put both major parties in the Mountain state at odds with the rules that have existed for presidential nomination processes dating back to the 2012 cycle. A February primary would cost the state parties national convention delegate under DNC and RNC guidelines for being earlier than March.


Thursday, February 20, 2025

Iowa House measure would create first-in-the-nation presidential primary option

After Iowa Democrats lost their privileged position atop the presidential primary calendar in 2024, at least one Democrat in the Hawkeye state is pushing back. Rep. David Jacoby (D-86th, Coralville) has introduced HF 484 to establish a state-run presidential primary option alongside the state's long-running first-in-the-nation caucuses. 

On the one hand, Jacoby's legislation would align Iowa with the aims of national Democrats. The DNC has made a point over the last several cycles of encouraging increased participation in the presidential nomination process by nudging state Democratic parties toward primaries (state-run if possible) over state party-run caucuses. This bill successfully navigating the legislative process in Des Moines and being signed into law would shift Iowa Democrats closer to that national party goal. 

However, that one step forward is made in conjunction with another provision that runs counter to the national party rules with respect to the presidential primary calendar. On that front, Jacoby's bill would set the date for the state-run presidential primary for "at least four days earlier than the scheduled date for any meeting, caucus, or primary which constitutes the first determining stage of the presidential nominating process in any other state, territory, or any other group which has the authority to select delegates in the presidential nomination."

Now, no final decisions have been made by the DNC about which states will comprise the early window contests on the 2028 presidential primary calendar. That will not be settled until the late summer/early fall of 2026 at the earliest. Therefore, this bill would not necessarily put Iowa Democrats in the crosshairs of the national party with regard to the timing of this proposed state-run presidential primary. But nor does the potential law provide much statutory leeway either. If HF 484 becomes law and Iowa Democrats do not secure an early slot on the calendar -- and not just early, first -- then the state party would run afoul of national party rules, incurring sanctions. 

Indeed, Iowa would not only run afoul of the DNC rules under those circumstances, but that primary would also trigger the similar state law in New Hampshire (the seven days before any similar contest provision). And that would set off a race to see which state could organize the earliest (unsanctioned) contest the fastest, all under the auspices of state law in both cases. 

Those are all concerns that are layered into this particular bill. But there are issues back home in the Hawkeye state as well. Chief among those issues is that Democrats are locked out of power from the decision-making positions in Iowa. In other words, Jacoby would have to get at least some, if not a lot of buy-in from Republicans who hold the reins of power in both the legislative and executive branches in the state. It is not clear that Iowa Republicans, in or out of the legislature, would go for this bill. After all, the Republican Party of Iowa stuck with the first-in-the-nation caucuses in 2024 -- it was consistent with Republican National Committee calendar rules -- while state Democrats abandoned them for a vote-by-mail party-run presidential primary to stay within their national party's guidelines. 

An all new, state-run primary would also ostensibly require state funds to implement the legislation. There is no fiscal note included in this legislation, but any price tag would likely be met with some resistance from Republican legislators, who may or may not prefer the caucuses to a primary option. However, keeping Iowa first, as this bill does, would potentially win over some support for a primary option. Yet, given the presence of the caucus option already, it would likely be minimal. 

Some Iowa Democrats have been clamoring for a presidential primary option since 2023-24, and while this bill may meet that wish, it faces an uphill climb for a host of reasons.

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NOTE: Counter to the reporting from KAAL TV in southern Minnesota, this legislation would not "end the [presidential] caucus system" in Iowa. Rather, it would provide for a state-run primary option if a state party chair requested such an election from the state commissioner of elections. The caucuses would remain an option, the default option in fact.


Wednesday, February 19, 2025

An early update on presidential primary movement in 2025



There are likely much larger fish to fry at the moment, and besides, it remains very early in the 2028 presidential nomination cycle. But actors on the state level in state legislatures across the country are laying the groundwork for the next round of (state-funded) presidential primary elections now. 

But as was the case during the 2024 legislative sessions in state capitols around the nation, much of the work is predominantly of two different varieties. First, legislators in states with recentlyeliminated presidential primary elections have attempted to bring those elections back. Much of the 2024 activity on that front was in an effort to rescue the elections for 2024. 

As it turned out those efforts were for naught. Legislators in neither Idaho nor Missouri were successful during the early months of the presidential election year in reviving state-funded presidential preference elections. And so far, onlya handfulof billsin Missouri have been introduced in 2025 to reverse the elimination of the primary in the Show-Me state.

The other grouping of legislation at the state level is a series of bills that have been raised in the past and have gone nowhere. Whether that changes in 2025 is yet to be determined, but if past is prelude, then many of these measures will gather dust in committee before dying at the end of legislative sessions. Count bills in Hawaii, NewYork, Ohio and Oregon among this group. 

In total, this is about what one should expect of legislation to shift presidential primaries around on the calendar this far in advance of another series of nomination contests. Very simply, the urgency is just not there this far out, nor is the attention with other more pressing matters before legislators at both the national and state levels. And that is reflected in the figure above: The success rate of primary legislation in the year following a presidential election is very low. It is low anyway, regardless of year, but the activity is at its nadir in the year after and typically at its peak during the session in the year immediately prior to a presidential election year. 

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For more on the 2028 presidential primary calendar see the bare bones up-to-date calendar here and the 2028 presidential primary calendar plus here at FHQ Plus. Last update here.


Tuesday, February 18, 2025

Alternate Missouri Senate bill would reestablish presidential primary and schedule for April

The fourthof fourbills currently before the Missouri General Assembly in its 2025 state legislative session would also bring back the presidential primary nixed in 2022 but schedule the election for yet another -- a fourth -- distinct date on the calendar. 

SB 417, introduced by Senator Jill Carter (R-32nd, Jaspar/Newton), resurrects ideas first brought forth in discussions over similar legislation in 2023. Namely, the objective, then as now, would be to consolidate the presidential preference primary with the general election for municipal offices on the first Tuesday after the first Monday in April. Only, the 2025 version contains a twist. 

The catch to conducting concurrent presidential primaries with a general election for municipal offices is an administrative one. The consolidation would require election administrators to simultaneously print both partisan primary ballots and effectively nonpartisan general election ballots as one across all municipalities (and the offices contained therein) together. It was that issue that played at least some role in derailing the push to reinstate the presidential primary in the Show-Me state before 2024: Administrators balked at the potential complexity introduced into the process. 

However, there is a fix to that snag in Carter's SB 417. The senator would have all presidential candidates regardless of party listed on the ballot for the presidential primary/municipal general election. There would be no Democratic ballot, no Republican ballot, no ballot for those wishing to simply vote in municipal elections. Instead, everything would be on one ballot that all Missouri voters turning out in early April would receive. Results would then be delivered to state party chairs who would in turn allocate delegate slots to candidates identified with the respective parties. 

Left unspecified is how the uncommitted line (or lines) on the ballot would be treated. If there is merely one uncommitted option, then it could serve as a catch-all that is difficult to parse out along partisan lines for the purposes of allocation. That problem could potentially be solved by placing an uncommitted (Democratic) line in addition to an uncommitted (Republican) option on the ballot. But it is not clear in Carter's legislation which is the prescribed protocol. 

So, one leftover administrative issue is addressed, but in so doing, a possible unintended consequence is introduced. 


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