Monday, May 10, 2021

NV First Primary Bill Places State in Conflict with NH Law


Thanks to Richard Winger of Ballot Access news for this post.

A Bill introduced in the Nevada Legislature setting up an Early Presidential Primary has now been Amended to Directly take on New Hampshire’s First-in-the-Nation Status.

When introduced, in February 2021, by Nevada Assembly Speaker, James Frierson (D-79th District), with the Support of former U.S. Senate Majority Leader, Harry Reid, the Bill's Language was at Odds with the Message of its Sponsor. The Bill confusingly talked about holding the First Primary in the West, not the Nation, in late January of Presidential Election years.

When it was reported that this apparently Incongruity between the stated Intent of the Bill and the language of the Bill, a Nevada source close to the Legislative Process said the Bill would be Amended to place Nevada First in the Nation. On April 8th, a Committee of the Nevada Assembly Voted to amend the Bill to say: “… (A) presidential preference primary election must be held for all major political parties on the first Tuesday in February of each presidential election year.”

The Assembly Legislative Operations and Elections Committee then Recommended that the Full Assembly pass the Bill. The Committee Vote was 7-4, strictly along Party Lines. All Seven Yes Votes were cast by Democrats, and the Four Members of the Republican Minority voted No.

Nevada Republican National Committeeman, Jim DeGraffenreid, reminded the Committee at a Public Hearing that the Bill could Violate Republican National Committe (RNC) Rule that allows: Iowa, New Hampshire, and South Carolina, to hold their Caucuses or Primaries up to a Month before March 1st, but Not sooner. But he noted that it would definitely Violate the more Specific Rrule of the Democratic National Committee (DNC), which says that Nevada Cannot hold Nominating Contest Primary Earlier than 10 days before the First Tuesday in March.

Nevada GOP Chair, Michael McDonald, submitted written Testimony Opposing the Bill, stating, “First in the West is a title we have been proud to wear, and we believe it should continue. Nevada is a battle born -- and battleground -- state. Trying to play chicken with primary dates is not a battle we will win.”

Nevada would also Change its Presidential Nominating Election from a Caucus to a Primary. That Change was also Debated along Partisan Lines, with Republicans noting that instead of Party-Funded Caucuses, there would instead be a Taxpayer-Funded Primary, which would cost an estimated $5 Million. This could also have Independents ask to be allowed to Vote in a Party Presidential Election.

New Hampshire State Law requires the Secretary of State to Schedule the Leadoff Primary Seven Days ahead of Any “similar election.” If Nevada’s Bill becomes Law, as it is expected to do, Secretary, Bill Gardner, would be Required to Schedule the New Hampshire Primary a week ahead of Nevada’s Primary, which would place New Hampshire in Violation of the Rules of both National Political Parties.

The Granite State would be subject to Sanctions from the DNC and possibly, although less likely, the RNC, if Gardner jumped the Primary into late January. The State Parties’ National Convention Delegations could be stripped of a Percentage of their Members. But that’s occurred in the Past, 2008 and 2012, and it did Not affect the amount of Nationwide and Worldwide Attention New Hampshire drew.

Party Rules can be Changed, however, and that’s what Nevada Assembly Speaker, Frierson, is counting on to clear the way for his State to hold its Primary the First Tuesday in February.

“To be crystal clear, the purpose of this bill is to set Nevada up to be the first presidential nominating state in the nation, not just in the West,” he said during the April Hearing. Unlike New Hampshire, in which the Law allows Gardner to Set the Date at his Discretion to stay Seven Days ahead of other States, the Nevada Bill has a Set Date for its New Primary.

When a Republican Lawmaker asked Frierson what he Plans to do, when New Hampshire Schedules its Primary ahead of Nevada, he said: “We are certainly not able to have a moving scale the way some states do and so our job is to make our case – not just to the RNC and the DNC but also to those other states that we are a better reflection” of the Diversity of the Nation.

The DNC Rules Committee will, as always, will be a Major Player in the makeup of the 2024 Calendar, but the Committee is Not expected to be named until Late Summer and is Not expected to Issue its Recommended Calendar to the Full DNC until next year, with a Final DNC Decision to come at its August 2022 Meeting.

Frierson made his Case based on the familiar Diversity Issue. “Our diverse population better represents that of the rest of the country, yet our state is small enough for more of our voices to be heard by those vying for the highest elected office in the land,” said Frierson. “Our voices are diverse and better reflect the rest of the country than the current nominating structure,” he said. “It's time for Nevada to take its rightful place, not just first in the West, but first in the nation,” he said.

He indicated that he also hopes to Neuter New Hampshire’s Primary by convincing Candidates to Campaign in Nevada, rather than the Granite State. “And I also think that what is important is that we make our case to candidates,” he said. “I think that it would behoove candidates to pitch their positions and make their case before a state’s population that reflects largely what the country looks like.”

According to U.S. Census Bureau 2019 Estimates, Nevada was 74% White, 29% Hispanic or Latino, and 10% Black or African American.

New Hampshire, according to the Census Bureau, is 93% White, 4% Hispanic or Latino, and 1.8% Black of African American.










NYC Wins When Everyone Can Vote! Michael H. Drucker


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