N.H. Dems call DNC criteria for primary a ‘poison pill’ and formally seek a waiver

Joe Biden stopped for ice cream at the Puritan Backroom Restaurant while campaigning in Manchester, N.H., in 2020.Elizabeth Frantz/The New York Times

The New Hampshire Democratic Party on Thursday officially requested the Democratic National Committee reconsider whether the state would need to change at least two state laws to keep its well-known presidential primary as a sanctioned party event, saying the DNC proposals amount to a “poison pill” given Republican control of the state Legislature.

Last month, the DNC’s Rules and Bylaws Committee proposed that the early presidential primary calendar be reordered. The proposal calls for canceling the 2024 Iowa Caucuses, which have been the first contest for a generation. It also takes aim at New Hampshire’s first-in-the-nation presidential primary, recommending that South Carolina hold the first primary and New Hampshire be bumped to number two.

The New Hampshire Democratic Party said in a letter to the DNC released Thursday that in order for the Granite State to have a sanctioned primary, state laws would have to be changed dramatically — and in ways unlikely to happen.

Specifically, New Hampshire would need to change the state’s longstanding law requiring it to hold the nation’s first presidential primary, and loosen up early voting in the state.

President Biden is asking the DNC to allow South Carolina to hold the first primary this time around followed by New Hampshire, Nevada, Georgia, and Michigan.

The DNC gave New Hampshire leaders a month to formally submit in writing a promise they will make both legislative fixes.

The fallout could mean that New Hampshire’s Democratic presidential primary won’t feature the major candidates campaigning in the state and the votes technically wouldn’t factor in who becomes that party’s presidential nominee.

In a letter released Thursday, New Hampshire Democratic Party chair Ray Buckley said the DNC’s proposed changes were a “poison pill” since the national party leaders know that Republicans have control of the New Hampshire State House, and have long been on record opposing the changes.

“The DNC’s waiver requirement is unrealistic and unattainable, as the New Hampshire Democratic Party cannot dictate to the Republican governor and state legislative leaders what to do, and because it does not have the power to change the primary date unilaterally,” wrote Buckley.

Attached to the New Hampshire Democratic Party response were letters from the Republican leaders of the state’s Senate and House, who said there was no way they were going to pass the laws.

“I regret to inform you that no legislator from any party has filed legislation that would comply with your outrageous demands,” wrote House Majority Leader Jason Osborne, a Republican. “Furthermore, given your overreach into state affairs, it is likely that any legislation pertaining to these demands would be met with fierce resistance.”

Governor Chris Sununu, also a Republican, previously said about the DNC’s proposals: “If it weren’t so serious, it would be an absolute joke.”

Where this leaves things is unclear.

The 2024 Republican presidential primary is already underway and the party is sticking with the traditional calendar of Iowa, New Hampshire, South Carolina, and Nevada going ahead of all other states and territories.

It’s hardly given that other states can comply with the DNC demands. Georgia also may have a similar problem with its Republican-dominated State House.

State primaries are run by and financed by states or state parties and they set the dates for those contests. For their part, national parties have sole discretion over which delegates can be seated at the national convention and who has access to party resources such as voter databases.

It could be that New Hampshire will continue to hold the nation’s first presidential primary, as state law requires, but that the Democratic National Committee will not formally recognize it, creating a controversy in a swing state. Or the DNC could grant New Hampshire and Georgia waivers of some kind.

The likely date for the New Hampshire primary is a little more than a year away.