[Congressional Record Volume 153, Number 131 (Thursday, September 6, 2007)]
[Senate]
[Pages S11216-S11217]
From the Congressional Record Online through the Government Publishing Office [www.gpo.gov]

      By Mr. NELSON of Florida (for himself and Mr. Levin):
  S. 2024. A bill to provide for interregional primary elections and 
caucuses for the selection of delegates to political party Presidential 
nominating conventions; to the Committee on Rules and Administration.
  Mr. NELSON of Florida. Mr. President, I am proposing today and will 
file legislation to create a comprehensive and nationwide process for 
voters to select nominees every 4 years for President of the United 
States. This legislation will establish six Presidential primary 
dates--the first one in March of a Presidential election year, two in 
April, two in May, and one in June.
  Each of these contests would feature at least one State from six 
different regions, six geographic regions around the country. The order 
of States within each region would rotate every 4 years--every 
Presidential election. That order would be determined at the beginning 
by lot in order to determine the sequence. And then the next 
Presidential election, the ones who had gone first in March would then 
go to the end of the line and they would be in June, and the list would 
move up.
  It would give voters in the larger States a strong voice in selecting 
the nominees over that 4-month period while also giving the citizens in 
the smaller States a fair say, instead of the present system we have 
now where the small States are the ones that have an inordinate 
influence in selecting the nominees of the two great parties.
  So in this legislation, by featuring States from each of the six 
regions, there will be racial, ethnic, economic, and regional diversity 
on each of the primary dates. And, of course, it has a much more 
rational proposal for an agenda, in that you start in March and it 
concludes in June of the Presidential election year, instead of this 
chaotic situation we have now with States trying to get ahead of each 
other, with them starting now as early as the early part of January and 
with it being frontloaded so that, in effect, we may find the 
Presidential nominee decided by the middle of February.
  I am introducing this legislation with my colleague Senator Levin of 
Michigan. It is our experience as Senators from Florida and Michigan 
that we have seen firsthand how unfair and undemocratic our 
Presidential primary system has become. I might say this legislation 
tracks Senator Levin's brother's legislation filed in the House of 
Representatives, Congressman Sandy Levin. Our bill is going to try to 
approach a rational way of selecting the nominees for President of the 
United States instead of this chaotic system we have now.
  Now, neither bill is going to fix the current controversy we have 
over the sequence of the contest in Iowa, Nevada, New Hampshire, and 
South Carolina. For that, a short-term fix is certainly needed. What we 
have now is this chaotic situation where all the small States are 
trying to get ahead of each other. This certainty is needed to resolve 
the fix created by several States moving their 2008 primaries ahead of 
some of the other States. In my State, the Republican legislature of 
Florida--signed into law by a Republican Governor--moved the Florida 
primary from March to January 29. In Senator Levin's State, a 
Democratic legislature--signed into law by a Democratic Governor--moved 
its primary to January 15. What we may find is that other States may 
follow suit with a big jump.
  I have proposed to the Democratic National Committee that it allow, 
for this particular Presidential cycle, the traditional first-in-the-
Nation States to move ahead of my State on January 29; and, instead, 
the party leaders have decided that Florida's votes are not going to 
count in the 2008 Presidential primary. The DNC said Florida's earlier 
primary, which was signed into law by our Governor, would alter the 
sequence of Iowa, Nevada, New Hampshire, and South Carolina. So last 
month, the party officials decided to strip Florida of its 210 
delegates to the national convention. That means that this country's 
fourth largest State will have no say in picking the Democratic 
Presidential nominee. Well, that is simply unacceptable.
  Florida still has several weeks to find a solution for the DNC that 
it will accept; or, as I have suggested, legal action may be necessary. 
It is a case of fundamental rights versus the rules of a political 
party. And as to our right to vote, and to have that vote count, there 
can be no debate. I want to say that again. As to our right to vote, 
and to have that vote count, there can be no debate.
  Senator Levin and I will work hard to ensure that the controversy 
over the respective positions of Florida and Michigan in the primary 
schedule are resolved; and, for the long term, our legislation would 
bring order to the next and all future Presidential primary seasons. It 
would ensure that no one State has a disproportionate influence on the 
selection of the nominees. By introducing this bill today, we want to 
begin a broader discussion about achieving lasting reform.
  With the experience we have had in Florida, in the disputed 
Presidential election in 2000, and again 6 years later, with there 
having been an ``undervote'' of 18,000 votes in a congressional 
election in one county in Florida, Sarasota County, the sensitivity in 
Florida of having the right to vote and to have that ballot count, and 
to have that ballot count as intended, is paramount, and it is highly 
sensitive in the State of Florida. For a political party to punish a 
State for stepping out of line is the height of insensitivity in 
understanding that those votes are critical and that people know their 
sacred right of the ballot is protected. We

[[Page S11217]]

intend to see that the right to have their votes counted, and counted 
as they intend, is preserved.
  In the meantime, we have to bring rationality to this process. The 
regional primary system set up in this legislation Senator Levin and I 
are introducing today is a suggested approach so that by the year 2012 
we will have order in selecting our Presidential nominees instead of 
the chaos we find ourselves in now.
  Mr. President, I ask unanimous consent that the text of the bill be 
printed in the Record, as follows:
  There being no objection, the text of the bill was ordered to be 
printed in the Record, as follows:

                                S. 2024

       Be it enacted by the Senate and House of Representatives of 
     the United States of America in Congress assembled,

     SECTION 1. SHORT TITLE.

       This Act may be cited as the ``Fair and Representative 
     Presidential Primaries Act of 2007''.

     SEC. 2. INTERREGIONAL PRIMARY ELECTIONS AND CAUCUSES.

       (a) Selection of Delegates to Conventions.--The delegates 
     to each national convention for the nomination of candidates 
     of a political party for the offices of President and Vice 
     President shall be selected by primary election or by caucus, 
     as provided by State law. Such State law shall conform to the 
     requirements of the national political executive committee 
     and the national nominating convention of the political party 
     involved.
       (b) Timing of Primary Elections and Caucuses.--
       (1) In general.--In each region described in subsection 
     (c), the primary elections and caucuses (as the case may be) 
     in a subregion (comprised of a State or a group of States) 
     shall be conducted on each of the following days of each 
     Presidential election year: the second Tuesday in March, the 
     first Tuesday in April, the fourth Tuesday in April, the 
     second Tuesday in May, the fourth Tuesday in May, and the 
     second Tuesday in June.
       (2) Initial order of primaries and caucuses.--For the first 
     Presidential election with respect to which this Act applies, 
     the Election Assistance Commission shall determine by lot the 
     order of subregions in each region for conduct of primary 
     elections and caucuses by the States under paragraph (1).
       (3) Order of primaries and caucuses for subsequent 
     elections.--The subregions determined under paragraph (2) to 
     be first in order for the first Presidential election to 
     which this Act applies shall be last in order with respect to 
     the next such election, and the other subregions shall 
     advance in the order accordingly. The order shall change with 
     respect to subsequent elections in a like manner.
       (4) Special rules for district of columbia, puerto rico, 
     and territories.--Any primary election or caucus for the 
     District of Columbia shall be conducted on the same day as a 
     primary election or caucus for the State of Maryland. Any 
     primary election or caucus for the Commonwealth of Puerto 
     Rico shall be conducted on the same day as a primary election 
     or caucus for the State of Florida. Any primary election or 
     caucus for any other territory, possession, or other entity 
     entitled under the rules of a political party to delegate 
     representation at the national convention of that party shall 
     be conducted on the same day as a primary election or caucus 
     for the States of Alaska and Hawaii.
       (c) Establishment of Regions.--The regions (designated by 
     number) and the subregions (designated by letter) referred to 
     in subsection (b) are as follows:
       (1) Region 1: (A) Maine, New Hampshire, Vermont; (B) 
     Massachusetts; (C) Connecticut, Rhode Island; (D) Delaware, 
     New Jersey; (E) New York; (F) Pennsylvania.
       (2) Region 2: (A) Maryland; (B) West Virginia; (C) 
     Missouri; (D) Indiana; (E) Kentucky; (F) Tennessee.
       (3) Region 3: (A) Ohio; (B) Illinois; (C) Michigan; (D) 
     Wisconsin; (E) Iowa; (F) Minnesota.
       (4) Region 4: (A) Texas; (B) Louisiana; (C) Arkansas, 
     Oklahoma; (D) Colorado; (E) Kansas, Nebraska; (F) Arizona, 
     New Mexico.
       (5) Region 5: (A) Virginia; (B) North Carolina; (C) South 
     Carolina; (D) Florida; (E) Georgia; (F) Mississippi, Alabama.
       (6) Region 6: (A) California; (B) Washington; (C) Oregon; 
     (D) Idaho, Nevada, Utah; (E) Montana, North Dakota, South 
     Dakota, Wyoming; (F) Hawaii, Alaska.

     SEC. 3. ENFORCEMENT.

       The Attorney General may bring a civil action in any 
     appropriate United States district court for such declaratory 
     or injunctive relief as may be necessary to carry out this 
     Act.

     SEC. 4. REGULATIONS.

       The Election Assistance Commission shall prescribe such 
     regulations as may be necessary to carry out this Act.

     SEC. 5. DEFINITION.

       As used in this Act, the term ``State law'' means the law 
     of a State, the District of Columbia, the Commonwealth of 
     Puerto Rico, or a territory or possession of the United 
     States.

     SEC. 6. EFFECTIVE DATE.

       This Act shall apply with respect to Presidential elections 
     taking place more than 2 years after the date of the 
     enactment of this Act.
                                 ______