Monday, March 5, 2018

2020 Republican Rules Changes, Part One: Setting Expectations for the Next Round

Part Two: Early Proposals
Part Three: A Reflection on Delegate Incentives
Part Four: A Caucus-to-Primary Incentive?
--

On the occasion last month of the 2018 Republican National Committee winter meeting in Washington, DC, the Temporary Committee on the Presidential Nominating Process (TCPNP) reconvened to discuss potential rules changes for the 2020 cycle. From a comparative standpoint, the chatter on rules tweaking for 2020 on the Republican side has been far quieter than the open discussions the Democratic Unity Reform Commission had throughout 2017.

However, that near silence should not necessarily be read as inactivity. Rather, it is a function of a party that 1) remains new to tinkering on its presidential nominating rules outside of a convention setting, 2) tends to conduct its temporary committee functions largely outside of the public eye, and 3) currently holds the White House. The first two factors are unique to the RNC while the third is not.

It was not, for instance, until the 2008 Republican National Convention empowered the Temporary Delegate Selection Committee that the party allowed for rules-making outside of the convention.1 The rules change recommendations the committee made were passed onto the RNC Rules Committee, then the full RNC before being added to and enacted in the rules that governed the 2012 process. This was streamlined further with the codification of external rules-making powers through Rule 12, adopted at the 2012 convention for the 2016 cycle. It was Rule 12 that allowed the RNC through the Rules Committee to make rules changes on the nomination subset of the Rules of the Republican Party as long as those changes were made well enough in advance -- end of summer of the midterm election year -- of the contestation of the next presidential nomination process.

Rule 12 has carried over to the 2020 cycle, but so, too, has a temporary committee structure with a specific mission. But in the three cycles now since 2008, the RNC has had a slightly different method for dealing with alterations to the rules outside of the convention.

Of note also is that, regardless of which party, the party in the White House tends to leave well enough alone with its rules. The rationale has been simple enough: At least something went right with the preceding nominating process if the person nominated went on to win the White House. Through a different lens the same rationale could be framed as a president -- as the head of a party -- has a preference for the rules that got him or her nominated and elected in the first place. In other words, there is at least something of a structural explanation for a why parties currently occupying the White House tend to mostly sit on their laurels with respect to nomination rules.

But while the RNC and the Temporary Committee for the Presidential Nominating Process have been mostly quiet, neither is exactly poised to stand pat with the 2016 rules that led to Trump's nomination, even if the historical combination of motivations/tendencies to maintain the status quo exists.


--
So where are the Republicans in the 2020 rules-making process? 

As is the case on the Democratic side the clock is ticking down to the time when both national parties have tended to finalize their rules for an upcoming presidential nomination process. Typically, the national party input in the process is complete by around the end of the summer of the midterm election year. That allows both the nascent campaigns and the states -- state governments and state parties -- enough lead time to ensure their ability to respond to any changes made at the national level before the process begins toward the beginning of the presidential election year.

Although the RNC structure for dealing with rules changes outside the convention has evolved as described above, the timing of the structure in place for 2020 rules changes mimics how the DNC has more often than not handled its rules-making process. That is to say, an external committee/commission examines the rules and their collective effectiveness in the previous cycle(s) during the year after a presidential election, and makes recommendations for rules changes to the respective Rules committees to consider during the midterm election year. That leads to a vote by the full national party on whatever recommendations have filtered through the Rules committees.

In the end, there are a couple of main structural differences between the parties with respect to the formation of rules for 2020. First, the Republicans are operating on a lag compared to the Democrats. Under the conditions of the amendment passed at the 2016 Democratic National Convention, the Unity Reform Commission was to be named and in place within 60 days of the early 2017 election of the new national party chair. And the URC was additionally to have made its recommendations to the DNC Rules and Bylaws Committee by January 1, 2018.

By comparison, the Temporary Committee on the Presidential Nominating Process  -- via Rule 10(a)(11) -- was not to have been solidified until the end of June 2017 with recommendations due no later than the end of May 2018.

Motivated by the tendencies described above, the Republicans are also operating with less urgency than their Democratic counterparts. No, urgency is not structural, per se, but it could be argued the presence or lack of urgency in rules-making has had an impact on the structural parameters of the process for 2020. There may yet be a challenge to Trump for the Republican presidential nomination, but the party -- at the organizational and mass levels -- remains behind the president and is behaving as if he will be, even if facing some opposition, the 2020 nominee. The process and its direction (more on this in subsequent posts) reflect that. The TCPNP has met twice and in both instances it has been in conjunction with national party meetings; the summer 2017 meeting and the winter 2018 meeting.

By contrast, the DNC Unity Reform Commission planned to convene four times, but tacked a fifth meeting onto the agenda to finalize recommendations. Of those five meetings between May and December 2017, only one coincided with a seasonal DNC meeting; the October fall meeting in Las Vegas.

A portion of that is just differences across the parties, but part is also the conditions facing the parties and the differing motivations they create.

Part two of this series will look at what proposals the TCPNP has discussed and how they stem as incremental progress from the rules tinkering the RNC has undertaken in recent cycles. In part three, FHQ will look at the history of incentives programs intended motivate state action in some area of the delegate selection process. And finally, the fourth part in the series will examine the lessons to be gleaned from that history of national party experimentation with incentives-based regimes and how effective they may be in 2020.

--
Part Two: Early Proposals
Part Three: A Reflection on Delegate Incentives
Part Four: A Caucus-to-Primary Incentive?

--
1 As a point of clarification, rules had been discussed and tinkered with outside of the Republican convention before 2008, but as part of a process leading up to a convention that would adopt changes for the next cycle. An inter-cycle discussion between 1992 and 1996, for example, would have been precursor to changes adopted at the 1996 convention for the 2000 process. A post-1992 version of the Temporary Delegate Selection Committee, on the other hand, would have made recommendations on the rules for the 1996 process. But the process was more drawn out during that era and the convention was the only forum in which rules could officially be changed. That changed after 2008.

No comments: