State law at odds with DNC committee vote creates confusion for Iowa caucus fate
Iowa Democrats promise to "follow state law" which requires holding the first-in-the-nation caucus. That decision would likely defy DNC commands, resulting in
Iowa Democrats promise to "follow state law" which requires holding the first-in-the-nation caucus. That decision would likely defy DNC commands, resulting in
Iowa Democrats promise to "follow state law" which requires holding the first-in-the-nation caucus. That decision would likely defy DNC commands, resulting in
A Democratic National Committee group focused on rules and bylaws voted last Friday to strip Iowa of its first-in-the-nation caucus status and drop it from the early window entirely.
Following a recommendation from President Joe Biden, the DNC Rules and Bylaws committee approved a plan to rearrange the presidential nominating calendar, giving South Carolina the top spot. Following that, New Hampshire and Nevada will hold their primaries on the same day. Georgia goes next and Michigan is set to clinch the final spot in the early window.
The decision leaves Iowa Democrats with two options that seem to be at odds: follow state law and defy DNC rules or follow the DNC's decision and break state law.
Iowa code requires the state to hold caucuses "not later than the fourth Monday in February of each even-numbered year." It also requires Iowa to hold its caucuses "at least eight days earlier" than any other state's nominating process.
"We're in a bit of a limbo," said Scott Brennan, the only Iowan on the DNC Rules and Bylaws Committee. "We have a state law that says that we will go first."
Iowa going first means defying national Democrats who promise to punish any state that breaks their rules. The DNC Rules and Bylaws Committee established that any state that chooses to go earlier than they're supposed to will automatically lose half their delegates to the national convention.
The committee approved changes to those rules, strengthening the DNC's power to keep state parties from falling out of line.
"Any candidate that violates that rule and puts their name on the ballot or campaigns in a state that goes outside the window receives no pledged delegates or delegate votes from that state," said Graham Wilson, general counsel to the DNC.
"The national chair is also empowered to take any national steps to enforce these rules," Wislon added.
Iowa Democratic leadership promises to follow state law, ignoring the DNC's new state lineup and going first anyways. "It's not a matter of fighting," Iowa Democratic Party Chair Ross Wilburn said. "We have to comply with Iowa state legal requirements."
If Iowa Democrats follow DNC guidance and move to the middle or back of the line, they'll break state law.
The Republican-controlled legislature and Republican governor are unlikely to change Iowa's law, allowing Iowa Democrats to comply with DNC orders. Republicans are committed to keeping Iowa first.
"I don't think it was ever intended, when we passed that law, to put our either political party in Iowa in an awkward position," Iowa Secretary of State Paul Pate said. "It was really to keep the National Party focused on not splitting this up."
Pate said Iowa's Attorney General Elect, Republican Brenna Bird, could sue Iowa Democrats for breaking the law if they choose not to hold first-in-the-nation caucuses.
"That one's going to fall under the new attorney general and she will be the one who will have a hard look at that," Pate said.
In 1996, the Iowa Attorney General's office issued a statement on whether the state could legally require state parties to change the dates of their caucuses in order to comply with state law.
"We believe that a court likely would rule that applying section 43.4 to require the Party to move its caucuses at this time is unconstitutional," the opinion found.
It's unclear whether Bird holds the same opinion. vlog reached out to Bird's team, but they did not respond to the request for comment.