Presidential Nominating Process: Current Issues

Kevin J. Coleman
Analyst in Elections

The presidential nominating calendar for 2012 is not fully set, as some state and party officials continue to consider date changes for primaries and caucuses. Consequently, the dates of the earliest contests in Iowa, New Hampshire, Nevada, and South Carolina have not been determined and may not be for some time. These states are exempt from both parties’ national rules that do not allow delegate selection contests to be held before the first Tuesday in March. Officials in Florida have announced that the state will hold a January 31, 2012, primary, in violation of party rules, which may prompt other states to schedule unsanctioned events. States that violate the timing rules risk losing half their delegates.

Every four years, the presidential nominating process generates complaints and proposed modifications, often directed at the seemingly haphazard and fast-paced calendar of primaries and caucuses. The rapid pace of primaries and caucuses that characterized the 2000 and 2004 cycles continued in 2008, despite national party efforts to reverse the phenomenon known as frontloading. Because many states scheduled early contests in the 2000 cycle, both parties subsequently created task forces on the process. For a time the parties pursued a cooperative effort to confront problems associated with front-loading for 2004. In the end, Democrats approved moving up state primary dates for 2004, but retained Iowa and New Hampshire’s early events; Republicans rejected a proposed reform plan. At the state level, the National Association of Secretaries of State (NASS) has long supported a regional primary plan that would rotate regional dates every four years.

The Democratic Party approved changes to its calendar rules again in July 2006, when the party’s Rules and Bylaws Committee extended an exemption to Nevada and South Carolina (Iowa and New Hampshire were previously exempted) from the designated period for holding delegate selection events; and the Committee proposed sanctions for any violations. With the exception of these four states, Democratic party delegate selection rules dictate that the first determining step in choosing national convention delegates could not begin until February 5, 2008. The Rules and Bylaws Committee of the Democratic National Committee (DNC) stripped Florida of its national convention delegates on August 25, 2007, because the legislature scheduled the 2008 Presidential primary for January 29, a date that conflicted with party rules. Michigan Democrats also forfeited their national convention delegates by scheduling a January 15 primary. In the end, the DNC decided on May 31, 2008, to seat full delegations for each state with a half vote for each of the delegates, thereby reducing each delegation’s vote by 50% at the convention. On the day before the national convention, the Credentials Committee restored full voting rights for both state delegations.

Front-loading is only the most recent among a list of complaints about the nominating system, which has resisted wholesale change despite criticism every four years from voters, the candidates, and the press. After several decades of debate, observers are divided on the best approach to reform. The lack of consensus for reworking the primary system is due partly to its complex design, which frustrates pursuit of a simple, obvious solution, and partly to the political parties pursuing their own variable interests concerning their delegate selection rules. The states further complicate the process by independently scheduling primary election dates. Congress, political commentators, academics, and others have offered various reform proposals over the years, but many important dimensions of reform depend on whether the parties are willing to change the system for choosing delegates to their national conventions. No bills have been introduced in the 112th Congress to revise the nominating process.


Date of Report: September 30, 2011
Number of Pages: 15
Order Number: RL34222
Price: $29.95

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