LANSING, Mich. — Michigan Democrats plan to quickly advance a proposal in the coming weeks to shift the state's 2024 presidential primary earlier, but they might need votes of support from Republican lawmakers who could use the opportunity for leverage.
The dynamics potentially complicate the push to make Michigan one of the first five states to vote in the presidential nominating process next year. The situation also provides an example of the influence the GOP can wield despite Democrats holding narrow majorities in both the House and the Senate for the first time in nearly 40 years.
The reason is because the Michigan Constitution requires bills to take effect 90 days after the end of the legislative session unless two-thirds of the lawmakers in each chamber vote to give them "immediate effect."
A panel within the Democratic National Committee proposed in December moving Michigan up in the presidential primary voting order to fifth among the 50 states with the election happening on Feb. 27, 2024. That date would fall fewer than 90 days after a year's session would traditionally end in late December, meaning Democrats would have to get six Republican votes in the state Senate for "immediate effect," end the year's session early or change traditional legislative processes.
On Tuesday, Andrew Feldman, a spokesman for the effort to change Michigan's primary date, said the idea has vast support, including from chambers of commerce, the agriculture community and former Republican officials.
"While we remain confident that bipartisan legislation will pass to move up the primary, we are not taking anything for granted and are continuing to make the case to lawmakers and all Michiganders about why this makes sense for our state," Feldman said.
Asked about the situation, Jeff Wiggins, spokesman for new Senate Minority Leader Aric Nesbitt, a Porter Township Republican, said there will be many issues that will be the subject of discussion between Senate Republicans and the new Democratic majority.
"Sen. Nesbitt looks forward to working with everyone in a bipartisan manner on the issues that will move our state forward," Wiggins said.
Under traditional House rules, House majority leadership has been able to give "immediate effect" to bills without actually counting votes to determine if there's two-thirds support.
In the Senate, however, there have been definitive roll call votes to find out if there's two-thirds support to grant immediate effect. That would mean six of the 18 Republican lawmakers would have to join the 20 Democrats to hit the threshold.
Steve Liedel, a longtime Michigan lawyer with the firm Dykema, said he expects that Democrats will be able to successfully move the primary earlier.
The potential possibilities for achieving that outcome range from winning over enough Republican votes to adjourning the year's session early so the 90-day window for new laws to take effect expires before Feb. 27, 2024.
In 2007, for instance, Democratic and Republican leaders in Michigan orchestrated a deal to move the state's primary date into January. At the time, Democrat Jennifer Granholm was the state's governor. Liedel worked in her administration.
The Michigan Senate will meet for the first time in 2023 on Wednesday. Rosie Jones, spokeswoman for new Senate Majority Leader Winnie Brinks, a Grand Rapids Democrat, declined to comment on the presidential primary matter Tuesday.
Under requirements from a DNC rules committee, Michigan leaders had to submit a letter by Jan. 5 stating their intention to make the legal change to move up the primary. Then, by Feb. 1, the Michigan Democratic Party must certify "any such necessary statutory or regulatory changes have been made."
Brinks, Democratic Gov. Gretchen Whitmer and incoming House Speaker Joe Tate, a Detroit Democrat, sent DNC officials a letter last week, saying they were confident they could pass legislation to move the date of of the 2024 primary to Feb. 27.
"When the new Democratic Legislature is sworn in on Jan. 11, 2023, (Wednesday) this will be among our first bills introduced, and it will see rapid movement through the legislative process in order to have it signed into law by the end of the month," the letter said.
The Feb. 1 deadline for legislative action falls three weeks after the first day of the legislative session in Michigan.
Two states that are also among the first five to vote under the DNC's proposal, Georgia and New Hampshire, have already asked national Democrats for an extension, according to National Public Radio.
U.S. Sen. Debbie Stabenow, D-Mich., and U.S. Rep. Debbie Dingell, D-Mich., were among the leaders of the effort by Michigan Democrats to vote earlier in the presidential primary process as the national party sought to shake up the order, which traditionally allowed Iowa to go first.
Under the DNC committee proposal, South Carolina would go first in 2024 with a primary on Feb. 3. The DNC is expected to vote on the final order next month.
In December, when Michigan Republicans still controlled the state Legislature, the Senate voted 34-1 to move the state's presidential primary to Feb. 13. The bill didn't pass the House so it died.
At the time, Ron Weiser, chairman of the Michigan Republican Party, appeared to voice support for the measure.
"Michigan should have a very significant say in electing the next Republican president of the United States," Weiser said.
Democrats have been arguing privately that moving the primary earlier could help Republicans because if President Joe Biden seeks reelection, Democrats might not even have a contested election.
But some in the GOP disagree.
They have noted Michigan Republicans could be penalized under Republican National Committee rules for moving their primary earlier.
Sen. Jim Runestad, a White Lake Republican, was the lone no vote in December. He plans to encourage other Republicans to vote against the primary bill this year as well, he said, describing it as something that, he believes, is meant to boost Whitmer's "presidential ambitions."
"I don’t see anything in it for the Republicans," Runestad said. "In fact, it’s likely we would lose a lot of our delegates.”
Whitmer has previously vowed to serve a second full four-year term as governor. Her spokesman didn't respond to a request for comment Tuesday.
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(Detroit News staff writer Melissa Nann Burke contributed to this story.)
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