The advantage of being the party in power is that you can make changes to your rules about your presidential nomination process without worrying about which potential candidate will benefit.  Barring the unlikely event that President Biden does not seek the nomination, he will be the Democratic nominee regardless of the rules.  So these changes will not impact who will win the nomination in 2024, and 2028 is way too far away for anybody to guess who will be running in 2028 much less who benefits from the changes.

First, as always, the nomination process is a battle between state laws and national rules.  And, under the First Amendment, as interpreted by the U.S. Supreme Court, the national party rules for choosing the national presidential candidate prevails over state law.  Of course, while the states are unable to bind the national party, the states do set the rules for who appears on their general election ballots.  As of now, no state laws designate anybody other than the national nominees as the presidential candidate of that party (and no state party has refused to certify their national candidate).

Second, the two parties have different rules.  Both sets of rules involve potential penalties for states that violate the rules.  In the past, the two parties had similar rules on timing of primaries.  But this time, thanks to the Democrat’s changes to the list of states that can go before the first Tuesday in March, the list of potential February contests is not the same for the two parties.  And each party has potential penalties for states that violate their rules. Continue Reading...