Iowa Democrats approved a caucus plan with mail-in participation. Does it violate state law?

Iowa Democrats are moving ahead with a plan to allow mail-in participation in their 2024 caucuses, despite a newly signed state law requiring the first-in-the-nation Iowa caucuses to take place in person.

But it's unclear whether the plan would violate that law.

It's the latest standoff over the fate of Iowa's caucuses, as members of both parties navigate a complex web of warring laws among states and competing first-in-the-nation aspirations.

Iowa Democratic leaders say their plan does not violate the state law, as they still intend to meet in-person on caucus night — even though the presidential selection process will occur via mailed "presidential preference cards."

"We will be in person. We will align with that law," said Ed Cranston, rules co-chair of the Iowa Democratic Party. "We're not doing anything illegal."

But Rep. Bobby Kaufmann, a Wilton Republican who led passage of the caucus bill, isn't so sure. He said it's unclear whether the Democrats' final plan will conform to state law.

"It isn't up to me to determine if this plan is illegal. That is up to our attorney general and the courts to decide," Kaufmann told the Des Moines Register. "But as I've been saying all along, the Republican Party, both candidates and voters, are dedicated to protecting our first-in-the-nation caucus status. And it's disappointing that the Democrats aren't doing the same."

What's the Democratic plan for the 2024 caucus?

The Democratic National Committee voted earlier this year to boot Iowa Democrats from their first-in-the-nation spot on the nominating calendar. Instead, the DNC is trying to construct a calendar with an early voting window involving five states. South Carolina would go first, followed by contests held in New Hampshire and Nevada on the same day, and then Michigan and, finally, Georgia.

But it's unclear whether those states will all be willing and able to change their primary dates. Iowa Democrats are clinging to the hope that they may yet be able to snag one of those five spots if another state fails to change its date. The state party's proposed changes to the caucus process are an attempt to help appease the DNC, which has pushed states to move toward traditional primaries and away from caucuses.

Members of the Iowa Democratic Party voted earlier this month to send their plan to the Democratic National Committee's Rules and Bylaws Committee for review.

Under the plan, Iowa Democrats would caucus for president by requesting a presidential preference card ahead of Caucus Day and submitting it through the mail.

More: Iowa Democrats propose major changes to caucuses in bid to remain first-in-the-nation

Al Womble, chair of the Iowa Democratic Party Black Caucus, said the process will be more accessible to people who cannot participate in a traditional caucus — whether they are unable to drive on icy January roads, working an evening shift, or not mobile enough to move around an event space.

"To tell somebody that no, just because you're differently abled, or because you have mobility issues, you shouldn't be able to participate? I think that's really short-sighted on how democracy should actually work," Womble said.

Iowa Democrats have not yet announced when they will tally and announce the results of the presidential preference cards. They have suggested it could be on caucus night or on a different night entirely.

Iowa Democratic Party Chair Rita Hart said that conducting traditional party business on Caucus Day and then announcing results and tallying delegates on a separate date later in the calendar could allow the party to hold a first-in-the-nation caucus and avoid upsetting the other states that the DNC has said should precede Iowa on the calendar.

The DNC has threatened to sanction Iowa if it holds a rogue contest, including limiting the number of delegates it could send to the party’s national convention.

Nationally, the Democratic calendar is in flux as state parties adapt to the newly proposed order, which does not match Republican plans.

What does the Iowa law say?

The new law, passed by Republican majorities in the Iowa Statehouse, requires the Iowa caucuses to take place in person.

The language says that if an Iowa political party “chooses to select its delegates as part of the presidential nominating process at political party precinct caucuses” and goes first, then the caucuses need to be held in person.

The law does not create penalties for political parties that disobey.

Iowa GOP leaders have said the in-person requirement is essential to protect Iowa's first-in-the-nation status.

New Hampshire Secretary of State David Scanlan, a Republican, has said if Iowa moves forward with the mail-in proposal, he would consider it a primary and use his authority to set the date of New Hampshire’s primaries ahead of Iowa’s caucuses. That move could upend Iowa Republicans at the start of the GOP nominating calendar.

When will the 2024 caucus take place?

Iowa Republicans and Democrats have yet to set a date for the 2024 caucuses.

Iowa Democrats say they are preparing for the calendar-setting process to drag “well into the fall” as they fight for position with New Hampshire, which also was bumped from the front of the pack in the DNC’s process.

That upheaval has trickle-down effects that are complicating Iowa Republicans' ability to set the date of their 2024 caucuses.

More: Iowa Republicans eye a January caucus date: Why the calendar is more complicated this year.

“It looks as though we're heading for a mid-January caucus,” Republican Party of Iowa Chair Jeff Kaufmann said in a May interview. “But it's still very unsettled. … That uncertainty prevents me from saying anything definitive.”

Womble said Iowa Democrats are prepared to adjust their plan as they approach Caucus Day.

"It's just like the beginning of a football game," he said. "You might have a plan in place, but as the game goes on, you might feel that there are things you need to adjust to make sure that you have the right outcome."

Stephen Gruber-Miller contributed reporting.

Katie Akin is a politics reporter for the Register. Reach her at kakin@registermedia.com. Follow her on Twitter at @katie_akin.

Brianne Pfannenstiel is the chief politics reporter for the Register. Reach her at bpfann@dmreg.com or 515-284-8244. Follow her on Twitter at @brianneDMR.

This article originally appeared on Des Moines Register: Iowa caucuses 2024: Does the latest Democratic plan violate state law?