Skip to content
Search

Latest Stories

Follow Us:
Top Stories

Will Iowa's ghosts resurface in any other Democratic contests?

Map of United States

New Hampshire, Nevada and South Carolina are the next states to take the national stage.

Milos Subasic/Getty Images; edited by Tristiaña Hinton/The Fulcrum

The first question that will go through the minds of millions of Americans at 8 p.m. Eastern on Tuesday, when the polls close in the New Hampshire primary, will likely be a version of this:

We aren't going to have a repeat of the Iowa caucuses, are we?

This week's historic collapse of the system for reporting those results has thrust the mechanics for conducting the rest of the Democratic presidential contest under a spotlight of national anxiety and skepticism. And a bit of it is already justified, even before the next state votes.


The problem in Iowa centered on a hastily constructed and minimally mobile app that was supposed to be used to send the results from almost 1,700 caucus sites quickly and cleanly to a central counting location.

But a variety of problems doomed that concept from the start. Plenty of precinct captains never even tried to download the app, let alone get familiar with it before caucus night. Then flaws in the app's coding did not allow the three sets of results from each location to be transmitted correctly. And the old-fashioned Plan B — calling in the results to a telephone bank at party headquarters in Des Moines — caused a massive backup that apparently was aggravated by a wave of President Trump supporters who called the toll-free number in order to tie it up.

Everybody wants to know whether it could happen again — and, if so, where. That depends on a number of factors: whether the balloting is being conducted by the state government or the state Democratic Party, the latter of which usually has far less experience in running elections; whether the state is one of the few remaining with a caucus, which is more complicated than a primary; and what technologies are being deployed for conducting the vote, transmitting the results from the polling places and tabulating the statewide results.

Here is a quick look at what to expect from the next three Democratic contests, which combine with Iowa to be the de facto opening round that will probably reduce the roster of presidential hopefuls to a viable handful: the New Hampshire primary on Tuesday, the Nevada caucuses on Feb. 22 and the South Carolina primary on Feb. 29.

New Hampshire

Risk of Iowa redux: LOW

Positives:

  • The election is being run by the state — not by the party, like the Iowa caucuses.
  • There are only 301 precincts — as opposed to the 1,681 in Iowa.
  • It's a straightforward primary, with Democrats allowed to choose one candidate, whereas Iowans could change allegiances between a first and second round.
  • The voting is on paper ballots.
  • Absentee ballots can only be obtained with an excuse, which often limits their number and so makes less work for election officials.

Negatives:

  • There will be more votes to count. This week's Democratic turnout in Iowa totaled about 180,000 participants — but approximately 250,000 voted when Hilary Clinton squared off against Bernie Sanders in New Hampshire in 2016.
  • Same-day voter registration could slow down the process if a throng of newbies show up.
  • Experts say the state's voter registration rolls may be vulnerable to hacking.

Nevada

Risk of Iowa redux: MODERATE to HOLD ON TO YOUR HAT

Positive:

  • The Democrats have scrapped plans for using the same app, built by the curiously named Shadow Inc., that caused so much Iowa angst.

Negatives:

  • Like Iowa, this will be a caucus run by the state party — so neither a primary nor a government-run contest. Also, like Iowa's Troy Price, Nevada Democratic Party Chairman William McCurdy has never run a caucus before.
  • There is no replacement yet for the dumped app. And the new process for reporting results has not been announced with two weeks to go.
  • There will be 1,835 different caucuses — or 9 percent more than in Iowa.
  • Early voting is allowed Feb. 15-18. That will require transmitting those results to organizers at each caucus site, and relying on them to include the early ballots in the vote count for each candidate.
  • The party has a new set of rules this year, including a version of ranked-choice voting at the start of the caucuses and a complex method to determine which candidates have enough support to qualify for delegates.

South Carolina

Risk of Iowa redux: LOW

Positives:

  • The state will run the election.
  • It's a traditional primary: There will be 14 names on the ballot (including some who've dropped out) and voters do nothing but mark a single choice for president.
  • Absentee voters must provide an excuse, which usually lowers the number of absentee ballots to be counted.
  • There is no same-day registration that could slow the voting process.

Negatives:

  • The state has a well-earned reputation for dirty politics.
  • It's an open primary, meaning Republicans could swamp the polling places in an attempt to skew the results.

Read More

Where Do Territorial Courts Fall in Our Constitutional Framework?

Black and white sketch of a courtroom in session.

illustration provided

Where Do Territorial Courts Fall in Our Constitutional Framework?

The Supreme Court’s recent decisions in Trump v. Slaughter and Trump v. Cook have understandably been read as cases about presidential control over executive officers. But they may have implications for a different and largely overlooked question lurking in a pending Supreme Court case: Who may exercise the judicial power of the United States in the territories?

This question made a cameo appearance in the Slaughter case. The majority noted in a footnote that “a justice of the peace in the District of Columbia” exercises “the judicial power of the District, just as territorial judges exercise the judicial power of their respective territories” — not the executive power. Therefore, the court went on, “the fact that Congress may prohibit the President from firing the District’s judges (who do not exercise his power) says nothing about whether Congress may prohibit the President from firing his subordinates (who do).”

Keep ReadingShow less
Affordability Crisis - Role of Non-Popular Vote President’s  SCOTUS Appointees

Silhouette of a hand holding a vote putting in a ballot box in front of the national flag Stars and Stripes of USA.

Getty Images

Affordability Crisis - Role of Non-Popular Vote President’s SCOTUS Appointees

The 21st-century Supreme Court Justices appointed by presidents who did not win the popular vote have fundamentally reshaped the affordability crisis by dismantling federal regulatory authority, weakening consumer protections, and expanding landlords' and local governments' property rights over renters.

Specifically, five current justices fit this description: Chief Justice John Roberts and Justice Samuel Alito (appointed by George W. Bush following the 2000 election), alongside Justices Neil Gorsuch, Brett Kavanaugh, and Amy Coney Barrett (appointed by Donald Trump following the 2016 election). This conservative supermajority has heavily influenced cost-of-living metrics through historic rulings in administrative, housing, and financial law.

Keep ReadingShow less
The Long Tradition of Lawyers Defending U.S. Democracy

women in a courtroom

Getty Images

The Long Tradition of Lawyers Defending U.S. Democracy

For centuries, lawyers have been leaders in establishing and protecting our democracy and its cornerstone, the rule of law. They have challenged tyrants, whether it be King George III in our nation’s founding or President Trump, a wannabe king, today.

Lawyers swear to do this in an oath, which is a condition of admission to the bar, to “support the Constitution of the United States.” This sworn duty continues a centuries-old tradition.

Keep ReadingShow less
California Latinos Showed Up—Now Party Insiders Want to Shut Them Out

Xavier Becerra

Getty Images

California Latinos Showed Up—Now Party Insiders Want to Shut Them Out

Political strategist, IVN commentator, and The Latino Century author Mike Madrid has a blunt warning for California: The campaign to repeal the state’s nonpartisan Top Two primary would disproportionately silence the fastest-growing segment of the electorate.

In a new Sacramento Bee op-ed, Madrid argues that Latino voters—particularly those who do not align with either major party—played a significant role in California’s record-setting June primary.

Keep ReadingShow less