‘CLEANUP IN AISLE NEW HAMPSHIRE’ — Does the name Keith Judd ring a bell? Probably not. He’s the convicted felon who, while incarcerated at a federal prison in Texas, managed to win 10 counties and 41 percent of the 2012 West Virginia Democratic primary vote against the incumbent president of the United States. For a fleeting moment, his out-of-nowhere performance against Barack Obama stunned the political world. Several news cycles were occupied with stories trying to understand who he was, and why voters from the president’s own party were so mad. Republicans reveled in the election results, using the opportunity to highlight party messaging against Obama’s so-called War on Coal. Obama was never in danger of losing anywhere during the entire primary season. And Judd’s performance was just an aberration, nothing more than a minor pothole on his road to reelection. Still, it represented an embarrassing episode, a reminder that even within a president’s own party, one aggrieved state can still wreak havoc. That’s what makes New Hampshire worth watching now that President Joe Biden has announced his candidacy for a second term. Biden angered the state’s top Democrats by pushing changes to the 2024 nominating calendar that eliminated New Hampshire’s prized first-in-the-nation primary status and put South Carolina in the lead-off spot. But New Hampshire is still likely to go first, thanks to a state law that requires the primary to take place one week before any others. The Democratic National Committee gave New Hampshire until June to change the date, but that’s a no-go with the Republicans who control the governor’s office and state legislature. And so Biden faces a quandary of his own design. If he participates in the primary of a state that’s poised to go rogue, he risks violating party rules — which would likely impose sanctions on candidates or states in violation. (A Biden campaign aide said the president and his team would abide by any sanctions imposed by the DNC, if that were to happen.) But if Biden doesn’t appear on the ballot, he could cede the unofficial first contest to Robert F. Kennedy Jr. and self-help guru Marianne Williamson. Rep. Annie Kuster (D-N.H.) has privately urged Biden twice now to compete in New Hampshire. “He should be on the ballot in New Hampshire. He’ll win handily,” she said in an interview this week. And if Biden is not on the ballot, there’s an alternative option: a write-in campaign, which is what Kuster and other top Democrats expect will happen if the president chooses to formally skip New Hampshire. Either way, losing a primary that doesn’t actually count for anything isn’t a problem. Nor are Kennedy and Williamson a threat to the president’s renomination — not by any stretch. But the optics surrounding the potential train wreck would be a messy distraction, at precisely the wrong time — the official outset of the presidential primary season. Comparisons would be drawn to two of the most famous and consequential New Hampshire primary challenges of yesteryear — Democrat Eugene McCarthy in 1968 and Republican Pat Buchanan in 1992 — even if the circumstances next year aren’t remotely similar. “In terms of materially impacting his reelection, it’s probably a minimal effect. But New Hampshire is still an important swing state in the general election that you can’t take for granted and you want positive movement,” said Chris Moyer, a veteran of Sen. Cory Booker’s (D-N.J.) 2020 presidential campaign in New Hampshire. “You don’t want any negatives along the way as he looks ahead to 2024.” The president’s history in New Hampshire is already checkered. In his unsuccessful 2008 presidential bid, Biden was polling at a mere 3% in the state before he dropped out of the race one week before the primary. In 2020, he finished an anemic 5th there, nearly 50,000 votes behind his Transportation Secretary, Pete Buttigieg, who finished in 2nd place behind Sen. Bernie Sanders. The most recent polling out of the state suggests Biden still has much work to do. According to an April University of New Hampshire Granite State Poll , 50 percent of likely Democratic primary voters say Biden definitely or probably should not run for president in 2024. Just 43% think he definitely or probably should run. The New Hampshire primary situation, veteran Democratic strategist Mary Anne Marsh told Nightly, is “an unnecessary disadvantage.” “It won’t be a death knell,” she said. “But it does make it tougher in New Hampshire — it’ll be like ‘cleanup in aisle New Hampshire’ for the general election.” Welcome to POLITICO Nightly. Reach out with news, tips and ideas at nightly@politico.com . Or contact tonight’s authors at lkashinsky@politico.com and cmahtesian@politico.com or on Twitter at @lisakashinsky and @PoliticoCharlie .
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