May 18, 2015

TO: Robby Mook

FROM: Marc Elias Joseph Wenzinger

RE: Pending Legislation to Change Presidential Primary Dates

The table included in this memorandum, updated today, lists pending legislation that would change the presidential primary date in respective states. Additions since our previous memo of May 11, 2015, are noted in red. There may be more legislation proposed as 2016 approaches, and we will monitor developments and update this table accordingly. No bills passed this week. Please let us know if you have any questions or would like more information.

Pending Legislation to Change Presidential Primary Dates

State Bill Description Last Action Alabama SB 240 Would change the date of the presidential Passed Senate on primary from March 8, 2016 to March 1, April 9, 2015. 2016. Read first time and referred to House Committee on Constitution, Campaigns and Elections on April 9, 2015.

Reported favorably by Committee on April 30, 2015. Alaska Arizona HB 2015 Would change the date of the presidential Introduced/prefiled primary from March 22, 2016 to the “same January 6, 2015. date on which the presidential caucuses are held in Iowa.” If the announcement of the House first read, date of the Iowa causes is made less than 90 assigned to Elections days before the Iowa presidential caucuses Committee and Rules are to be held, the date of the Arizona Committee February primary would be the first Tuesday after 90 3, 2015. days after the date of the announcement. Moreover, if the Iowa caucuses are no House second read

LEGAL126091953.1 longer the earliest of the presidential February 4, 2015. primaries, the governor would be required to issue a proclamation that the presidential primary is to be held on a date earlier than the date of the Iowa caucuses. The proclamation would be issued no later than 90 days before the date of the election as set forth in the proclamation. SB 1367 Would repeal the current presidential Introduced/prefiled primary system, which is set to hold a on February 1, 2015. presidential primary on March 22, 2016. The bill apparently does not enact a new system, Senate first read, and thus the date of any presidential primary assigned to would be undetermined. Government Committee, Federalism, Mandates and Fiscal Responsibility Committee, and Rules Committee on February 2, 2015.

Senate second read on February 3, 2015. Arkansas SB 389 Would change the date of the presidential Passed in the Senate primary from May 24, 2016 to March 1, on March 27, 2015. 2016. Read first time, rules suspended, read second time and referred to House Committee on State Agencies and Governmental Affairs on March 27, 2015.

Died in House Committee at Sine Die adjournment on April 22, 2015. SB 765 Would change the date of the presidential Filed, read first and primary from May 24, 2016 to March 1, second time, and 2016. This bill differs from SB 389 in that it referred to Senate

-2- LEGAL126091953.1 affects all primaries, not just the presidential Committee on State primary. Agencies and Governmental Affairs on March 4, 2015.

Bill with amendment #1 (which does not affect the substance of the bill) read first and second time and re-referred to Committee on March 16, 2015.

Died in Senate Committee at Sine Die adjournment on April 22, 2015. California Colorado SB 15- Would reestablish a presidential primary to Introduced April 29, 287 be held on a date set by the Governor, no 2015. earlier than the date that the rules of the major political parties provide for state Senate Committee on delegations to the party’s national State, Veterans, & convention to be allocated without penalty Military Affairs and not later than March 15, 2016. This referred bill to date must be set by September 1, 2015. Appropriations on May 1, 2015.

Postponed indefinitely by the Senate Committee on Appropriations on May 4, 2015. Connecticut SB 599 Would change the date of the Republican Referred to Joint primary from April 26, 2016 to March 3, Committee on 2016. The date of the Democratic primary Government apparently would remain at April 26, 2016. Administration and Ethics on January 23, 2015. SB 610 Would change the date of the presidential Referred to Joint primary from April 26, 2016 to March 1, Committee on 2016. Government

-3- LEGAL126091953.1 Administration and Ethics on January 23, 2015. District of B20- Changed the date of the presidential primary Reviewed by Columbia 0265 from April 5, 2016 to June 14, 2016. Congress and became effective May 2, 2015. Delaware Florida SB 7036 Would change the date of the presidential Substituted HB 7035 primary from the first day allowed by major on March 18, 2015. party rules to March 15, 2016. HB 7035 Changed the date of the presidential primary Approved by from the first day allowed by major party Governor on March rules to March 15, 2016. 19, 2015.

Georgia Hawaii Idaho S 1049 Would create the option of a presidential Introduced, read first primary to be held on March 8, 2016. time, and referred for printing on February 6, 2015.

Referred to State Affairs February 9, 2015. S 1066 Creates the option of a presidential primary Signed into law by to be held on March 8, 2016. This bill is the Governor on almost exactly the same as S 1049, and thus April 9, 2015. this may be a corrective addition to the original bill. Illinois HB 193 Would change the date of the presidential Introduced/prefiled primary from March 15, 2016 to June 28, January 14, 2015. 2016. Assigned to Executive Committee February 3, 2015.

Re-referred to Rules Committee on March 27, 2015. HB 3107 Would change the date of the presidential Introduced February primary from March 15, 2016 to July 19, 24, 2015. 2016.

-4- LEGAL126091953.1 First reading and referred to Rules Committee on February 25, 2015.

Assigned to Executive Committee on March 10, 2015.

Re-referred to Rules Committee on March 27, 2015. Indiana Iowa Kansas SB 239 Would repeal the presidential primary, Passed as amended in providing that each political party shall have Senate on March 25, procedures to select a presidential nominee 2015. in accordance with such party procedures for 2016. This is an amended version of the Introduced in House bill. The original would have simply on March 25, 2015. canceled the presidential primary, which is currently unscheduled, for the sixth Referred to House consecutive election cycle. Committee on Elections on March 30, 2015. HB 2398 Would cancel the presidential primary, Introduced and which is currently unscheduled, for the sixth referred to consecutive election cycle. Committee on Ethics on March 5, 2015.

Passed with amendments (which do not affect the substance of the bill) by Committee on March 19, 2015. Kentucky Louisiana Maine Maryland HB 396 Would change the date of the presidential Passed the House on primary from April 5, 2016 to April 26, March 14, 2015. 2016. This is an amended version of the bill. The original bill would have changed Passed the Senate

-5- LEGAL126091953.1 the date of the presidential primary from with amendments on April 5, 2016 to April 12, 2016. March 31, 2015.

House concur Senate amendments and passed enrolled on April 4, 2015.

Vetoed by Governor on May 12, 2015. SB 204 Changed the date of the presidential Approved by primary from April 5, 2016 to April 26, Governor on May 2016. 12, 2015. Massachusetts H.551 Would change the date of the presidential Referred to primary from March 1, 2016 to June 7, Committee on 2016. Election Laws on January 20, 2015. Michigan SB 44 & Established a March 8, 2016 date for the Signed into law by 45 presidential primary. the Governor on February 19, 2015. Minnesota SF 1205 Would change from a caucus system, with Introduced, first caucuses on March 1, 2016, to a presidential reading, and referred primary to be held on March 29, 2016. to Rules and Administration Committee on February 26, 2015. HF 1567 Would change from a caucus system, with Introduction, first caucuses on March 1, 2016, to a presidential reading, and referred primary to be held on March 29, 2016. This to the Government bill is identical to the Senate version. Operations and Elections Policy Committee on March 9, 2015. Mississippi SB 2531 Would change the date of the presidential Died in conference primary from March 8, 2016 to March 1, on March 30, 2015. 2016. HB 933 Would change the date of the presidential Died in Committee primary from March 8, 2016 to March 1, March 3, 2015. 2016. Missouri Montana HB 571 Would change the date of the presidential Missed deadline for primary from June 7, 2016 to August 9, general bill 2016. transmittal on

-6- LEGAL126091953.1 February 27, 2015; legislature’s website describes the “current bill progress” as “probably dead.” Nebraska Nevada AB 302 Would create an option for a party to request Passed the a presidential primary to be held on a “single Committee on working day in February.” If one party Legislative requests a primary, the state central Operations and committee must request a specific date; if Elections with two parties intend to request a primary, they amendments on April must attempt to agree on a specific date; and 9, 2015. if more than one party requests a primary but cannot agree on a date, the Secretary of State must select it. This is an amended version of the bill. The original version would have created a presidential primary to be held on January 19, 2016. SB 421 Would create the option of a presidential Passed the Senate on primary to be held in conjunction with the May 12, 2015. statewide primary election on February 23, 2016. This is an amended version of the Read first time in bill. The original version, like the original Assembly and version of AB 302, would have created a referred to separate presidential primary. Committee on Legislative Operations and Elections on May 13, 2015. New Hampshire New Jersey New Mexico HB 346 Would change the date of the presidential The legislature’s primary from June 7, 2016 to March 15, website confirms that 2016. the bill has “died.” New York North H 457 Would untether the presidential primary Introduced in the Carolina from the date of South Carolina’s primary, House on April 1, and create a firm date for the presidential 2015. primary of March 8, 2016. Passed first reading and refereed to

-7- LEGAL126091953.1 Committee on Elections on April 2, 2015.

Passed the House on April 22, 2015.

Sent to Senate on April 23, 2015.

Referred to Committee on Rules and Operations of the Senate on April 23, 2015. North Dakota Ohio HB 153 Would change the date of the presidential Introduced and primary from March 8, 2016 to March 15, referred to 2016. Committee on Government Accountability and Oversight on April 14, 2015.

Passed the House on April 22, 2015.

Referred to Senate Committee on State and Local Government on April 29, 2015. Oklahoma SB 233 Would change the date of the presidential Passed Rules primary from March 1, 2016 to March 22, Committee on 2016. February 11, 2015.

Passed Senate on March 3, 2015.

First reading in the House on March 4, 2015.

-8- LEGAL126091953.1 Second reading and referred to Elections and Ethics Committee on March 10, 2015. Oregon Pennsylvania Puerto Rico Rhode Island H 6054 Would change the date of the presidential Introduced and primary from April 26, 2016 to March 22, referred to House 2016. Judiciary Committee on April 9, 2015.

Scheduled for hearing and/or consideration on May 6, 2015.

Committee recommended measure be held for further study on May 6, 2015. South S 204 Would require the state committees of any Referred to Carolina political parties who wish to hold a Committee on presidential primary to mutually set a single, Judiciary January 13, agreed-upon date. If the political parties do 2015. not agree on a date by January 1, 2016, the presidential primary would be held on June 14, 2016. South Dakota Tennessee Texas HB 1214 Would change the date of the presidential Introduced February primary from March 1, 2016 to January 26, 9, 2015. 2016. Read first time and referred to Elections Committee on March 3, 2015.

Scheduled for public hearing on April 20, 2015. Utah HB 329 Would change the date of the presidential Died at end of

-9- LEGAL126091953.1 primary from February 2, 2016 to March 22, legislative session. 2016. Vermont S 76 Would change the date of the presidential Read first time and primary from March 1, 2016, to the “same referred to day as the New Hampshire presidential Committee on primary.” The date of the New Hampshire Government primary is not yet set. Operations on February 10, 2015. H 239 Would change the date of the presidential Introduced, read first primary from March 1, 2016 to the “same time, and referred to day as the New Hampshire presidential Committee on primary.” The date of the New Hampshire Government primary is not yet set. Operations on February 18, 2015. Virginia NA Negotiations are underway to move the NA presidential primary date back, and dates are forthcoming. Washington SB 5978 Would change the date of the presidential Passed Senate on primary from May 24, 2016 to March 8, March 3, 2015. 2016. Scheduled for public hearing in the House Committee on Appropriations on April 20, 2015.

Returned to Senate Rules Committee for third reading.

Passed Senate in special session on April 29, 2015.

First reading in House special session on May 1, 2015. HB 2139 Would change the date of the presidential First reading and primary from May 24, 2016 to March 8, referred to State 2016. Government on February 17, 2015.

Reintroduced and

-10- LEGAL126091953.1 retained in present status at special session on April 29, 2015. HB 2185 Would cancel the 2016 presidential primary. First reading and referred to Appropriations on February 27, 2015.

Reintroduced and retained in present status at special session on April 29, 2015. West Virginia Wisconsin SB 63 Would change the date of the presidential Introduced, read first primary from April 5, 2016 to February 16, time, and referred to 2016. Committee on Elections and Local Government on March 3, 2015. Wyoming

-11- LEGAL126091953.1