In the last couple of weeks, there have been big developments on redistricting reform in three states: California, Ohio and Colorado.In Calfornia, a state judge tossed a Schwarzenneger-backed redistricting initiative off the ballot for a November special election. A federal district judge stayed the order pending a hearing, but it doesn’t look good for the much-hyped but (IMHO) flawed proposal, which mainly relies on a procedural mechanism of turning redistricting over to a panel of retired judges, without much in the way of new guidelines for map-drawing. Ah-nold has been negotiating with Assembly Democrats on a plan to displace the initiative with a legislatively sponsored reform plan, but there hasn’t been much news about that of late.In Ohio, a group of good-government groups and (mostly Democratic) legislators are conducting a frantic and potentially successful petition drive (which must succeed by August 1) to get a package of three initiatives on the November 2005 ballot that includes a redistricting reform plan, along with a campaign finance reform effort and a provision seeking to de-politicize Ohio’s highly suspect election administration system. The redistricting initiative is interesting: in sharp contrast to California’s initiative, it places a very high premium on competitive districts (while respecting Voting Rights Act considerations), and essentially solicits a variety of plans that will be rated according to the extent that they create the maximum number of competitive congressional and state legislative districts, while ensuring overall partisan balance statewide. The package of reforms in Ohio is being fueled by widespread public disgust with the ongoing and ever-escalating news of scandals implicating the state’s entrenched Republican leaders in the executive and legislative branches.And in Colorado, a three-judge federal panel yesterday rejected a suit by Republicans to reinstate a 2001 re-redistricting of congressional districts by what was then a GOP-controlled legislature. And though I haven’t been able to find the opinion yet, it sounds like the judges expressed more than a little contempt for the Republicans’ argument that their First Amendment rights were violated when a court drew an earlier map after the legislature failed to enact a plan, triggering a state constitutional ban on re-redistricting.Meanwhile, down in Florida, my informants say the effort there to get a package of redistricting reforms on the November 2006 ballot is rolling along nicely on a wave of positive newspaper editorial endorsements and a solid petition drive, led by former Education Secretary and Senate candidate Betty Castor. As in Ohio, the Florida reforms would take place immediately upon enactment. And if you recall that Florida and Ohio represent two of the five states (the others being Pennsylvania, Michigan, and thanks to the Great Texas Power Grab of 2003, the Lone Star State) whose peculiar map-drawing has had a lot to do with GOP control of the U.S. House, this is good news on both small-d and big-D democratic grounds.
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Editor’s Corner
By Ed Kilgore
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January 16: Towards a 2028 Democratic Primary Calendar
Don’t look now, but it’s already time for the DNC and the states to figure out the 2028 Democratic presidential primary calendar, so I wrote an overview at New York:
The first 2028 presidential primaries are just two years away. And for the first time since 2016, both parties are expected to have serious competition for their nominations. While Vice-President J.D. Vance is likely to enter the cycle as a formidable front-runner for the GOP nod, recent history suggests there will be lots of other candidates. After all, Donald Trump drew 12 challengers in 2024. On the Democratic side, there is no one like Vance (or Hillary Clinton going into 2016 or Joe Biden going into 2020) who is likely to become the solid front-runner from the get-go, though Californians Gavin Newsom and Kamala Harris lead all of the way too early polls.
But 2028 horse-race speculation really starts with the track itself, as the calendar for state contests still isn’t set. What some observers call the presidential-nominating “system” isn’t something the national parties control. In the case of primaries utilizing state-financed election machinery, state laws govern the timing and procedures. Caucuses (still abundant on the Republican side and rarer among Democrats) are usually run by state parties. National parties can vitally influence the calendar via carrots (bonus delegates at the national convention) or sticks (loss of delegates) and try to create “windows” for different kinds of states to hold their nominating contests to space things out and make the initial contests competitive and representative. But it’s sometimes hit or miss.
Until quite recently, the two parties tended to move in sync on such calendar and map decisions. But Democrats have exhibited a lot more interest in ensuring that the “early states” — the ones that kick off the nominating process and often determine the outcome — are representative of the party and the country as a whole and give candidates something like a level playing field. Prior to 2008, both parties agreed to do away with the traditional duopoly, in which the Iowa caucuses and New Hampshire primary came first, by allowing early contests representing other regions (Nevada and South Carolina). And both parties tolerated the consolidation of other states seeking influence into a somewhat later “Super Tuesday” cluster of contests. But in 2024 Democrats tossed Iowa out of the early-state window altogether and placed South Carolina first (widely interpreted as Joe Biden’s thank-you to the Palmetto State for its crucial role in saving his campaign in 2020 after poor performances in other early states), with Nevada and New Hampshire voting the same day soon thereafter. Republicans stuck with the same old calendar with Trump more or less nailing down the nomination after Iowa and New Hampshire.
For 2028, Republicans will likely stand pat while Democrats reshuffle the deck (the 2024 calendar was explicitly a one-time-only proposition). The Democratic National Committee has set a January 16 deadline for states to apply for early-state status. And as the New York Times’ Shane Goldmacher explains, there is uncertainty about the identity of the early states and particularly their order:
“The debate has only just begun. But early whisper campaigns about the weaknesses of the various options already offer a revealing window into some of the party’s racial, regional and rural-urban divides, according to interviews with more than a dozen state party chairs, D.N.C. members and others involved in the selection process.
“Nevada is too far to travel. New Hampshire is too entitled and too white. South Carolina is too Republican. Iowa is also too white — and its time has passed.
“Why not a top battleground? Michigan entered the early window in 2024, but critics see it as too likely to bring attention to the party’s fractures over Israel. North Carolina or Georgia would need Republicans to change their election laws.”
Nevada and New Hampshire have been most aggressive about demanding a spot at the beginning of the calendar, and both will likely remain in the early-state window, representing their regions. The DNC could push South Carolina aside in favor of regional rivals Georgia or North Carolina. Michigan is close to a lock for an early midwestern primary, but its size, cost, and sizable Muslim population (which will press candidates on their attitude towards Israel’s recent conduct) would probably make it a dubious choice to go first. Recently excluded Iowa (already suspect because it’s very white and trending Republican, then bounced decisively after its caucus reporting system melted down in 2020) could stage a “beauty contest” that will attract candidates and media even if it doesn’t award delegates.
Even as the early-state drama unwinds, the rest of the Democratic nomination calendar is morphing as well. As many as 14 states are currently scheduled to hold contests on Super Tuesday, March 7. And a 15th state, New York, may soon join the parade. Before it’s all nailed down (likely just after the 2026 midterms), decisions on the calendar will begin to influence candidate strategies and vice versa. Some western candidates (e.g., Gavin Newsom or Ruben Gallego) could be heavily invested in Nevada, while Black proto-candidates like Kamala Harris, Cory Booker, and Wes Moore might pursue a southern primary. Progressive favorites like AOC or Ro Khanna may have their own favorite launching pads, while self-identified centrists like Josh Shapiro or Pete Buttigieg might have others. Having a home state in the early going is at best a mixed blessing: Losing your home-state primary is a candidate-killer, and winning it doesn’t prove a lot. And it’s also worth remembering that self-financed candidates like J.B. Pritzker may need less of a runway to stage a nationally viable campaign.
So sketching out the tracks for all those 2028 horses, particularly among Democrats, is a bit of a game of three-dimensional chess. We won’t know how well they’ll run here or there until it’s all over.