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There are some implications for the financial and investing communities.
But first, to address the well-founded skepticism after previous teases at runs
each election cycle since 2000: Trump is running in the Republican primary
and has just filed the requisite documents with the Federal Election
Commission. He has the funds to tackle the ballot access requirements in each
state, and to hire the brains to strategize a successful run.
In those respects, Trump evokes a comparison to an equally iconoclastic
predecessor who ran twice for President in 1992 and 1996: H. Ross Perot.
Now, Trump has a big advantage over Perot in that while it is far easier to get
to the general election as a self-financing independent, it is far easier to
actually win if you are the nominee of one of the two major parties.
(Full disclosure): Perot's campaign committee was my first legal client ever,
and I was just one year into law school. I was one of his election law and
petition advisers and press people in New York in 1992. I was there. I know.)
Can He Win?
While a discussion of the mechanics and road map for his victory would take a
much longer treatment, I offer some quick pointers.
Remember that running to win the Republican nomination is about
delegates, not votes. Not all states are equal. Some states have more
delegates at the conventions than their populations might suggest.
Some states are "winner take all," meaning the popular vote winner, even if
less than 50% of the vote, gets all that state's delegates.
You think Republicans alone determine their nominee? There are 18 states in
which voters can choose the party primary they wish to vote in on primary
day. That's 18 states in which Democrats and independent voters can help
choose the GOP nominee. That's not counting states where one can switch or
enroll in a party on primary day or shortly before it. This means you can have
"party raiding" or "party infiltration," both of which were ruled legal in the
1970 Supreme Court case Rosario v. Rockefeller.
This is also how candidates like Chris Christie plan to win primaries by
appealing to cross-over voters.
Yet other states have a caucus system to award delegates, and organizing in
those caucuses trumps (no pun intended) a so-called "air war" aimed at rankand-file voters.
So can Trump win the general election?
Ignore the polls, which treat the general election as if it were one big
popular vote. It isn't. The presidential election is 50 different states voting for
delegates. And all that matters is winning in enough states to get to 270
electoral votes.
The result of the preceding point is that a smart Republican candidate should
write off so-called heavy-Democratic-leaning states (e.g., New York). Trump
might be the exception. His name recognition is strongest in New York.
He has the finances and the temperament to pull it off. The biggest question
and challenge for him will be being able to withstand the criticism and abuse
one takes as a candidate these days.
Thank you,
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