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Showing posts with label delegate count. Show all posts
Showing posts with label delegate count. Show all posts

2016 vs. 2012 and the Republican Delegate Count

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Now that the Republican presidential primary process has entered March and hit hyperdrive, many are beginning to more closely examine the rules changes the Republican National Committee (and the Republican National Convention in Tampa) made for the 2016 cycle. At the core of that is a simple question: How have the rules impacted the progress of the race?

The answer to that simple question, however, is not so simple. Some have blamed the proportionality requirement at the beginning of the March part of the primary calendar. Others have pointed the finger at the newly compressed 2016 primary calendar for the results in the contests to date. The problem is that both of those explanations miss the mark by failing to take a deeper look at what has really changed with the rules for 2016 and how that has affected the actual delegate count. Both arguments basically hide behind the complexity of both changes without really offering an adequate answer to the original question.

There are at least two other explanations that better explain the differences in the delegate counts at similar points in the 2012 and 2016 cycles.

1) Texas
The Texas primary -- and its 155 delegates -- were in May in 2012. Think about that. That is 155 delegates that were virtually at the end of the 2012 process. In fact, it was those Texas delegates that pushed Mitt Romney past the 1144 delegates he needed to clinch the Republican nomination four years ago.

But the Texas primary was only scheduled for May because a redistricting dispute in the courts forced its delay. Originally, it was planned -- by state law -- for the first Tuesday in March. Just like this cycle (and every other one from 2008 back to 1988).1

With Texas back to normal in March for the 2016 cycle, those 155 delegates -- 12.5% of the number of delegates required to clinch the nomination -- ended up at a considerably earlier point on the calendar than had been the case since the 1988 Southern Super Tuesday. Not only was the Texas primary earlier for 2016, but the Lone Star state had a favorite son vying for the nomination. Without those 104 delegates, that favorite son -- Ted Cruz -- would not be in nearly the favorable position in the delegate count as he is at this point in early March on the calendar.

Cruz would lose 56 delegates to Donald Trump. That is the surplus he had over the real estate tycoon in the Texas delegate count. Furthermore, he would lose the 101 delegate advantage he had over Marco Rubio leaving Texas. Without an early Texas primary win, Cruz would not be as close to Trump in the delegate count and would be closer to Rubio and third place in the delegate count than Trump in first. In other words, Cruz would look a lot more like Gingrich and Santorum did relative to Romney in 2012.

It just cannot be understated how important that Texas win was for Cruz. And no, the position of the Texas primary on the 2016 calendar had nothing to do with the Republican rules changes in Tampa and thereafter.


2) Unbound delegates
While the Texas factor is not a rules-based change, there is one rules change that to this point has taken a back seat to other explanations; those arguing that the course of the 2016 Republican presidential nomination race is a function of proportional rules and/or a compressed calendar. The focus on those two changes is mostly misguided as the national party rules changes -- particularly with regard to proportional delegate allocation -- did not really yield that much change in the state-level rules. It has not to this point anyway.

The one thing that many are missing that has actually more directly affected (made things appear more competitive) the current delegate count relative to the one four years ago, is the new binding requirement the RNC instituted for the 2016 cycle. Gone is the fraction of automatic delegates who were more like superdelegates four years ago. Gone are the fantasy delegates from all those non-binding caucuses. Those delegates are mostly bound or will be bound in 2016. Iowa, Minnesota and Maine (and eventually Washington and Missouri) were all non-binding in 2012. Not in 2016. In the case of those first three, the delegates were allocated proportionally with either no or a very low threshold. That is making the delegate count more competitive. Delegates were allocated to a larger number of candidates in 2016 rather than being unbound as they were in 2012.

That is not necessarily affecting the gap between candidates in the current delegate count, but it is providing more delegates to more candidates instead of no candidates.

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What effect have those two changes had on the delegate count cycle over cycle from 2012 to 2016?

If one backs out the Texas delegates and the unbound delegates (based on the formerly non-binding caucus state that have conducted caucuses at this time) from the 2016 count, 2016 looks even more like 2012. Cruz is, perhaps, a stronger version of Santorum (each won/has won multiple states) and Rubio is a weaker Gingrich (still each has/had two wins). Kasich stands in as Ron Paul; not winning contests, but winning delegates. Here is what that comparison looks like:

2016 (25 states)
Trump: 391
Cruz: 221
Rubio: 126
Kasich: 51
Unbound: 17


2012 (26 binding states, 32 total)
Romney: 454 R
Santorum: 172 S
Gingrich: 138 G
Paul: 27 P
Unbound/Unpledged: 2922

Again, there has been no accounting for the calendar changes -- other than a non-rules-based shift of the Texas primary -- or proportionality rules in this. In this exercise, the Texas delegates have been removed from the 2016 total as have the formerly unbound delegates in now-binding Iowa, Maine and Minnesota. The picture that leaves is one where the delegate leaders are within about 50 delegates of each other. Perhaps that is attributable to a newly compressed calendar and/or (an admittedly smaller) proportionality window in 2016. But a strong argument could also be made that the differences in the leaders' totals at similar points on the calendars in 2012 and 2016 is explained by a weaker frontrunner in 2016 than in 2012. That seems to be demonstrated by what looks like a basically 50 delegate shift between first and second place in 2012 versus 2016.

This is a surface level exercise, but it is quite suggestive.

Blame the rules?

Not really. The rules in 2016 -- as has been the case for the rules of the Republican process in the past -- are still designed to aid frontrunners/winners; to ease the way to a presumptive nominee. That is still happening.

The bottom line is that the rules changes have had an effect, but not in the way that many think. Maybe the finger should be pointed not at the compressed calendar and the proportional rules, but somewhere else instead.

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1 Texas did shift from the second week in March to the first week in March in its law ahead of the 2004 cycle, but that change was delayed until 2008. From 1988-2004, then, Texas was on the second week in March on the calendar.

2 That this number is so much higher is a function of there being six more contests in 2012 than in 2016. Those non-binding contests drove up the total number of delegates.


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The New Hampshire Delegate Count and Beyond -- Automatic Delegates

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There was some confusion throughout New Hampshire primary day about just how many of the Republican delegates were on the line in the Granite state. If one looks at New Hampshire state law, it sets the basic terms of delegate allocation in the state. The shorthand of this is that the secretary of state allocates delegates to the national convention to candidates who receive more than 10 percent of the statewide vote in the New Hampshire primary.

That is just "delegates", not at-large delegates or district delegates. Just delegates.

However, the New Hampshire Republican Party has traditionally pooled its at-large and district delegates and allocated them proportionally based on the statewide result. According to party bylaws (see Article II, Section 1 and Article III), though, the three party or automatic delegates have traditionally been unbound. The state party chair, the national committeeman and national committeewoman are prohibited from supporting any candidates. The party rules keep them "neutral".

That would seem to indicate that only 20 of the 23 New Hampshire delegates were at stake in Tuesday's primary. That was how FHQ interpreted the rules and we were not alone. That has been the way that delegates have been allocated in New Hampshire in the Republican contest.1

But this interpretation ignores changes made to the national party delegate selection rules for 2016. New to the Rules of the Republican Party for this cycle is a requirement binding delegates to candidates based on the results of statewide contests like the New Hampshire primary and the Iowa caucuses a week ago.

That rule, Rule 16(a)(1), states:
Any statewide presidential preference vote that permits a choice among candidates for the Republican nomination for President of the United States in a primary, caucuses, or a state convention must be used to allocate and bind the state’s delegation to the national convention in either a proportional or winner-take-all manner, except for delegates and alternate delegates who appear on a ballot in a statewide election and are elected directly by primary voters. [Emphasis FHQ's]
Like the New Hampshire state law, the terms of the Republican Party rule are ambiguous. It just says that a state's delegates must be allocated proportionally or winner-take-all based on primary or caucus results. There is no distinction between types of delegates. It is just delegates or in this case a state's delegation.

That fairly inclusive-seeming definition leaves open to interpretation just how state parties like New Hampshire's or Virginia's deal with the potential ambiguity in the national party rules as compared to state party bylaws that explicitly keep the party/automatic delegates neutral or unbound. Typically, the RNC has left much of the minutiae of delegate selection up to the states to decide.

Yet, in December, FHQ was told that there were no unbound delegates at the outset of the Republican nomination process. There can be unbound delegates, but only if they are released by candidates who have withdrawn from the race. That meant that in the 40 percent of states where state party rules left the automatic delegates unbound there was something of a conflict. That is what prompted us to begin adding riders like the following to the FHQ explainers on delegate allocation at the state level. Here's an example from the Virginia post:
The automatic delegates -- the state party chair, national committeeman and national committeewoman -- from Virginia are explicitly unbound according to the September resolutions adopted by the state party. That has been the case in the past, but FHQ was informed in recent conversations with the Republican National Committee that Rule 16(a)(1) binds all delegates from a delegation. The only exception is for delegates elected directly (on the ballot). That does not include party/automatic delegates. How those delegates are allocated/bound when the state rules are not clear on their allocation is a bit of an unknown and something of a wildcard.
The Republican National Committee has a more rigid interpretation of Rule 16(a)(1) and its effect on the binding of the three party delegates when such a binding process is not specified on the state level. In a January 29 memo to RNC members, the RNC general counsel's office, citing both Rule 16(a)(1) and the November call to the 2016 convention, detailed the binding of party delegates in those states. In a state where the allocation of party delegates is not specified, those delegates are to be treated as at-large delegates and allocated in a manner consistent with the allocation of that subset of delegates.

In New Hampshire, then, the party delegates are lumped in with the full allotment of delegates and allocated proportionally. The same would be true in Virginia (rendering Morton Blackwell's endorsement of Ted Cruz somewhat moot). A state like Tennessee, where only the at-large delegates are proportionally allocated based on the statewide results (and the district level delegates based on the congressional district results), those party delegates would treated as another three at-large delegates.

This is bigger than New Hampshire, then. Other state are affected as well, and FHQ's state-level allocation primers will be updated to reflect the clarified interpretation of the rules.


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1 Of course, it has been since 2000 that that traditional method had been used. Penalties imposed by the national party for going too early in the last two competitive cycles -- 2008 and 2012 -- meant that New Hampshire lost its automatic delegates. New Hampshire is rules compliant for 2016 and they have their automatic delegates.


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The Iowa Delegate Count

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FHQ has fielded some questions in various forms about the delegate count coming out of Monday's Iowa caucuses. There already appear to be a few details about the minutiae of it all that are not exactly clear. Let's add some clarity to this as best we can.

The Associated Press is reporting a delegate count in the Hawkeye state that looks something like this:
  • Cruz 8
  • Trump 7
  • Rubio 7
  • Carson 3
  • Paul 1
  • Bush 1
And then it stops. Only, the problem here is that adds up to just 27 delegates when the Iowa Republican Party was apportioned 30 total delegates by the RNC. And as FHQ has explained (via the Republican Party of Iowa), the state party is proportionally allocating all 30 of those delegates. That means that there is a discrepancy of some sort.

Many -- well, many in my Twitter feed and inbox anyway -- have speculated and/or questioned whether FHQ just has it wrong. That there are three outstanding, unallocated delegates would, on the surface, suggest that perhaps the three unallocated delegates are intentionally unallocated. As the argument goes, those three are the three party/automatic delegates. And perhaps those delegates, as is the case in a number of other states are very simply unbound by the results of the caucuses.

It is a somewhat persuasive argument, but this is a situation where appearance and reality are at odds. Here's why:

First, FHQ spoke with Charlie Szold, the Republican Party of Iowa (RPI) Communications Director, back in August about Iowa's placement on the our primary calendar. But I took the opportunity to ask him about the newly adopted delegate allocation plan as well. Recall that Iowa's was a non-binding caucus in 2012. Adding a binding element and a proportional allocation, then, constituted a pretty large change from four years ago. Mr. Szold shared with me the new rules, I glanced them over and seeing that the Iowa rules seemed to suggest that all 30 of the delegates would be allocated and bound, followed up for assurance. After double checking with the party's expert on the delegate process, Mr. Szold confirmed that all 30 would be proportionally allocated based on the caucus results, including the party delegates.

This was a process that FHQ repeated yesterday given some pushback. The answer from RPI was the same: all 30 of the delegates, including the automatic delegates, will be allocated and bound to candidates based on the results in Monday's caucuses.

Well, here we are, two days after the caucuses, and the same 27 delegates above are the only delegates that have been allocated (unofficially by the AP). Why?

As I speculated yesterday it could be because not all precincts were in in Iowa. There is such a cluster of candidates around the 1.9 percent mark that any additions or subtractions of votes to/from the total could affect whether Fiorina, Kasich, Huckabee or Christie receive a delegate. But 100 percent of precincts are now reporting. There is now an unofficial tally. Yet, there still is not a full allocation out of Iowa.

The reason for that is that the tally is unofficial. Until the results are certified by the RPI there will not be a full delegate count out of Iowa. Let us not forget that four short years ago, Mitt Romney was declared the (narrow) winner in Iowa late on caucus night. However, a little more than two weeks later, Romney's 8 vote win became a 34 vote loss to Santorum. There is, then, a cautionary approach to the vote certification and delegate count in Iowa this time around.

Again, the issue is that four candidates are vying for three remaining delegates. Fiorina, Kasich, Huckabee and Christie all are eligible to round up to a delegate, but there are only three delegates. Christie is at the bottom of the order and would appear to be the odd man out. But it is too close to call until the vote is certified. How close? The four candidates' fractional delegate shares range from .527 to .559. That is four candidates separated by just .032 delegates. In other words, the shifting of a few votes here and there is consequential to the final delegate count.

This is a wait and see sort of thing and nothing more. The count at the top of the order -- where it matters -- is not going to change.

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One more thing to add to this:
If one calculates the allocation of 27 delegates, the distribution would look like this:
  • Cruz 7
  • Trump 7
  • Rubio 6
  • Carson 3
  • Paul 1
  • Bush 1
  • Fiorina 1
  • Kasich 1
Cruz would not have 8 delegates in an proportional allocation scheme that intends to award 27 delegates. The Texas senator would just miss out on rounding up to 8. Actually, if only 27 delegates were being allocated the outcome would be clearer. Fiorina and Kasich would round up, but Huckabee and Christie would not. The four would still be clustered but the math would be clearer starting with 27 delegates.

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Another astute question FHQ has received concerns that Huckabee delegate. And now that Rand Paul has also withdrawn, another delegate can be added to that mix. What happens with those delegates?

They stay bound to Huckabee and Paul regardless. The only out for Iowa delegates is if only one name is placed in nomination at the convention. If only one candidate is placed in nomination, as has been the case throughout the post-reform era (save one contest, the Republicans' first under the new system in 1976), then all of the delegates are bound to that candidate.

Unlike some other states, Iowa does not permit the release of delegates nor for them to become unbound in any way.

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There are also some questions out there concerning the delegate count on the Democratic side. Much of this seems to be the result of a lack of clarity concerning how many delegates Iowa Democrats actually have. The Iowa Democratic Party delegate selection plan suggests that there are 54 delegates, but the Democratic National Committee count (still being reviewed, so not final) has Iowa with just 52 delegates, 44 pledged and 8 unpledged (superdelegates).1 It is difficult to speculate on the tentative delegate count in Iowa anyway since the delegates will not be chosen until the later stages of the process. But that process is made even more difficult when there is some doubt about how many delegates the Iowa Democratic Party has been apportioned by the DNC.

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More post-Iowa delegate count thoughts here.

UPDATE: Certified Republican Party of Iowa caucus results and official delegate allocation.

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1 While the link to the IDP delegate selection plan was to a draft FHQ had stowed away, I doubled checked it against the plan on the party website at the time of the original posting. It seems to have been updated as of Thursday, February 4 and now reflects the 52 delegates the DNC has apportioned to the Iowa at this time.


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