Santorum Win Louisiana; Argues Delegate Count

Rick Santorum accomplished his goal Saturday night in Louisiana, easily outdistancing Mitt Romney 49-27 percent, with Newt Gingrich and Rep. Ron Paul (R-TX-14) posting 16 and 6 percent, respectively. Of Louisiana’s 46 delegates, only 20 of them were at stake in the primary and Santorum stands a good chance of capturing 14. The remainder will be chosen at the state Republican convention to be held June 1st and 2nd.

Louisiana was the type of victory Santorum needed to re-establish momentum before going to the April 3 primaries in Wisconsin, Maryland and the District of Columbia. Of the three, DC, where Romney is expected to easily romp, is a Winner-Take-All entity, so all 17 delegates should go his way. Wisconsin and Maryland both use the same allocation system. Delegate votes are awarded for winning statewide and for carrying each of their respective eight congressional districts. Wisconsin has 42 total delegates and Maryland 37. The Wisconsin vote will likely to be close, while Romney has a chance to sweep Maryland and convert all 37 delegates.

Again we saw a familiar pattern in Louisiana. Though Santorum swept all the parishes except one, Mr. Romney placed first in the state’s most urban area – New Orleans. Such a result has been consistent throughout the campaign. Romney does well in the most urbanized areas of a state, but poorly in the rural regions and very poorly in the south. Having a Republican nominee weak in the party’s base areas is not an enviable position for the GOP when they face President Obama later this year. Romney will not be able to count on commensurate urban support against the incumbent Democratic nominee.

But, it’s the overall delegate count that is the subject of much discussion and fraught with misconception. The CNN number is a good benchmark for the media counts. The broadcast organization shows Romney with 549 delegates through Illinois and Santorum with 249, Gingrich 137, Paul 69, and 137 delegates unallocated from the 33 states and territories already voting.

The Republican National Committee official count, however, tells a much different story. Factoring out those delegates who the individual states have not yet chosen nor bound for at least a first ballot vote, Romney would have 339 delegates, Santorum only 95, Gingrich 107, and Paul 22 with 300 unallocated. Using the official RNC accounting, Romney is 805 votes away from committing the 1,144 delegates required to clinch victory, rather than 595 as the media depicts.

The pro-Santorum Red, White and Blue Super PAC has an even different count. Where the RNC does not yet add recent Santorum victory states because their delegates still must be officially chosen at convention, the inclusion of states like Alabama, Mississippi and Kansas changes the picture greatly. According to Red, White, and Blue, the count is: Romney 344; Santorum 193; Gingrich 160; Paul 33; Unallocated 411. Therefore, the Santorum Super PAC projection, in similar fashion to the RNC, shows that Romney is still a whopping 800 committed votes from the magic number.

So, despite all of the aforementioned entities, and then some, looking at exactly the same results, highly diverse accounting results continue to emerge. It again proves that this Republican nomination campaign still has a very long way to go.

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A Texas-Sized Supreme Court Ruling

The US Supreme Court stayed implementation of the San Antonio federal panel’s congressional and state legislative maps on Friday, thus making it a virtual certainty that the Texas primary, currently scheduled for Super Tuesday on March 6, will be moved. The Lone Star State vote was, until Friday, the first scheduled congressional primary in the nation.

The court ordered oral arguments for map changes to be presented on Jan. 9, far beyond the Dec. 15 candidate filing deadline. With a final ruling coming in late January at the earliest, the proscribed filing period would dictate that the March 6th nominating election for the House of Representatives and the state legislature, at a minimum, will not proceed as scheduled. Therefore, the Supreme Court’s action raises as many tangential political questions as it answered.

Our PRIsm Redistricting Report tomorrow will cover the intricacies of the decision and what it means for the 2012 election, but the ramifications of what happens to the Texas primary goes far beyond changing the judicial panel’s political boundaries.

Many states have early stand-alone primaries for President and return later in the year to nominate candidates for Congress and state and local office. Texas, however, scheduled all of their races for Super Tuesday, with a run-off on May 22. The latter date now becomes the leading scheduling option for the new primary. State Attorney General Greg Abbott argued for such in his brief to the high court. Should the May date be chosen, it is likely that any required run-off would occur sometime in June.

So, what happens next and who decides? Now that the Supreme Court has, at least temporarily, removed redistricting jurisdiction from the San Antonio three-judge panel, we know that they will have no role in setting the primary. The Supreme Court or the legislature and governor will have the ultimate scheduling authority.

The next question is: will the primary be bifurcated? Theoretically, delegate selection for president could still move forward on March 6; ditto for the US Senate and local campaigns. A second primary could be then scheduled at a later time for the US House of Representatives and the state legislature. Since no money has been budgeted for an additional primary, this option would require action from the state legislature and governor or, at least, from the Legislative Budget Board (consisting of the governor, lieutenant governor, and Speaker of the House), the body that makes financial decisions while the legislature is not in session.

Meanwhile, presidential candidate and Texas Gov. Rick Perry finds himself in an interesting position. He has the power to call the legislature into special session to either move the primary or appropriate the necessary funds to conduct another election.

Perry himself could benefit greatly from moving the entire Texas primary to May, assuming he is still alive in the presidential contest after the early states vote. According to Republican National Committee rules, states may invoke a winner-take-all option if the nominating event is held post-Super Tuesday, so altering the date of the primary, which would allow the nominating system to change, obviously helps the governor since Texas has the second-largest contingent of delegates (155) to the Republican National Convention.

The primary scheduling decision greatly affects another person, too: Lt. Gov. David Dewhurst is the leading candidate for the Republican US Senate nomination. The earlier primary date favors him because polls show he has a chance to win the nomination outright on March 6. Delaying the vote for more than two months would give his top opponents, Dallas ex-Mayor Tom Leppert and Texas former Solicitor General Ted Cruz, more time to mount stronger challenges to Dewhurst and potentially force him into a run-off election.

As you can see, the Supreme Court is affecting much more than Texas redistricting with its decision to stay map implementation. In the end, when will the Texas congressional primary be held? Right now, we can be assured it will be on a date other than March 6. Beyond that, stay tuned.

A December New Hampshire Primary?

Earlier this week, New Hampshire Secretary of State Bill Gardner indicated that he might consider setting a Presidential primary date as early as Dec. 6 unless Nevada moves back the date of its caucuses to January 17th or later.

Gardner, who has set the date of New Hampshire’s “first-in-the-nation” primary since 1976, issued a memo on Wednesday calling both Tuesday, Dec. 6, and Tuesday, Dec. 13, “realistic options” unless Nevada agrees to its nomination contests after Jan. 17.

Florida’s recent rescheduling of its primary to Jan. 31, which we reported in our Oct. 3 edition, is the action that set the dominoes in motion. As a result of the Sunshine State’s action, Iowa, Nevada and South Carolina have all moved up the dates of their primaries to maintain their status — in that order — as the first nominating contests in the 2012 cycle. Gardner has sent an early signal that the New Hampshire date will be significantly earlier by moving up the Granite State’s candidate filing period to open on Oct. 17 and close 11 days later on Oct. 28.

South Carolina has set its primary for Jan. 21, and Nevada officials have already set its caucus for Jan. 14. Iowa officials have indicated that Jan. 3 is going to be the date of the nation’s first caucus.

Gardner is bound by a New Hampshire state law requiring the Secretary of State to set their primary at least one week before any other nominating contest that would undercut the state’s much cherished “first-in-the-nation” primary status.

Gardner’s memo clearly states, “If Nevada does not adjust its caucus date to a later time, I cannot rule out the possibility of a December primary.”

Gardner subsequently told news organizations that he will not set the presidential primary date until sometime after Oct. 17.

“When I set the date, I will explain all the reasons why it ends up on that date. It’s not my preference to put it in December. The problem is all of our choices are bad choices. I just want to be pick the best of the bad,” he told NBC News last Friday.

As we reported on Oct. 3., Florida’s move, which set off this chain reaction, to change its primary date to Jan. 31 in violation of Republican National Committee rules looks to drastically alter the GOP presidential nomination fight. Under RNC rules, the only states permitted to conduct a delegate selection event prior to the March 6th Super Tuesday date are Iowa, New Hampshire, Nevada, and South Carolina. Florida is willing to accept penalties that will reduce their 99 member Republican National Committee delegation to approximately 50, coupled with other sanctions, in order to make the move.

But accepting intra-party punishment is not the only factor involved in altering their election schedule. Under the Voting Rights Act, all or parts of 16 states are subjected to federal approval of all electoral moves, including primary/caucus date selection. Therefore, it is the Obama Justice Department that will have to grant Florida, New Hampshire, and South Carolina “preclearance” or, in this case, permission to schedule a nominating event in January 2012. Only Iowa and Nevada, in this group of five states, may move unencumbered because they are not part of the group of 16.

At this stage, it’s anybody’s guess how this calendar hopping might affect the outcome of these early nominating contests, but clearly the present front-runners, especially Mitt Romney, who polls show has now opened up a large lead over the rest of the Republican field, might like the nominations to be held sooner rather than later. This way, the vote will occur before the recently fickle GOP primary electorate has a chance to change its mind again.

A New Primary Schedule

Florida’s move this past weekend to change its primary date to Jan. 31 in violation of Republican National Committee rules will drastically alter the GOP presidential nomination fight. Under RNC dictates, the only states permitted to conduct a delegate selection event prior to the March 6 Super Tuesday date are Iowa, New Hampshire, Nevada and South Carolina. Florida is willing to accept penalties that will reduce their 99-member Republican National Committee delegation to approximately 50, coupled with other sanctions, in order to make the move.

But accepting intra-party punishment is not the only factor involved in altering their election schedule. Under the Voting Rights Act, all or parts of 16 states are subjected to federal approval of all electoral moves, including primary/caucus date selection. Therefore, it is the Obama Justice Department that will have to grant Florida, New Hampshire, and South Carolina “pre-clearance” or, in this case, permission, to schedule a nominating event in January 2012. Only Iowa and Nevada, in this group of five states, may move unencumbered because they are not part of the group of 16.

The RNC’s originally proposed calendar began with the Iowa Caucus in early February, but Florida’s attempted move to the last day in January means the other four states are forced to leap-frog the Sunshine State in order to maintain their prominent political position. This means five nominating events, two caucuses (IA, NV) and three primaries (NH, SC, FL), will be held in the first month of next year followed by a five-week void until Super Tuesday in early March.

How does the proposed schedule change affect the current crop of candidates and potential late entries? The big winners under the new calendar are the two front-runners, Mitt Romney and Rick Perry. The early and compressed voting schedule favors the better-known candidates and those having the largest campaign war chests. The quicker time frame featuring five shotgun-style nominating events in a 29-day period gives less time to the current also-rans to ramp up a credible campaign and makes gaining momentum from an early surprise victory even more difficult because there simply won’t be enough time to cement a previous win.

But the potential late entries are an even greater disadvantage under the new voting schedule because they will now have less time to construct a major campaign operation from scratch. Therefore, Florida’s decision this weekend makes it even more unlikely that New Jersey Gov. Chris Christie, former New York City Mayor Rudy Giuliani, and former Vice-Presidential nominee Sarah Palin will become official candidates.

If the GOP fight winnows down to a two-candidate race in January, then watch for a very interesting race. Perry wins a one-on-one match with Romney if he can successfully cast himself as the conservatives’ candidate and frame Romney as the moderate. On the other hand, as we have seen particularly in the last 10 days, Romney has the superior campaign apparatus, so Perry will have to make a rapid operational improvement or he risks losing his early strong standing.

As so often in American politics, the schedule can be the determining factor in deciding battles. Such may be the case with the 2012 GOP presidential contest. At the very least, however, this weekend’s Florida decision has set this campaign upon a brand new course.

Muscial Chairs Again

In 2008, states began climbing over each other in order to obtain a better schedule for their own presidential nominating event, whether it be by caucus or primary. Places like Florida moved into a more prominent position, defying party rules, and were penalized half of their delegate slots, among other perks, at the respective national conventions. Saturday, the deadline for states to inform the Republican National Committee about their primary or caucus schedule will finally give us the opportunity of seeing how the primary/caucus calendar will unfold. Under RNC rules, only Iowa, New Hampshire, Nevada and South Carolina are allowed to conduct delegate selection events prior to Super Tuesday, which, in 2012, is March 6.

The Florida commission charged with selecting the Republican primary date is already indicating they may choose Jan. 31 for their primary vote at their meeting tomorrow afternoon, in direct violation of RNC rules. Such a move will cost them half of their 99 Republican National Convention delegates. Should they move in this direction, watch Iowa, New Hampshire, Nevada, and South Carolina all move to an early or mid-January date. This will again drastically change each candidate’s campaign strategy, and the short calendar will make each early victory all the more important in terms of political momentum.

Interestingly, should the early states split their votes and different candidates win the first caucuses and primaries, then the late states will ultimately find themselves holding all the political cards, and with their full complement of delegates. If no clear leader emerges from the early states, then the bigger late states like Pennsylvania, Ohio, Texas and California will have a much greater say in determining who becomes the Republican nominee. With the nominating schedule finally being set on Saturday, the official calendar could tell us a great deal about who may become the eventual winner.