Democratic leaders in the statehouse have already vowed not to change the law. Adjusting the rules for Rand?

LOUISVILLE, Ky. — Sen. Rand Paul and Kentucky Republicans are exploring the possibility of turning the state’s presidential primary into a caucus instead — a move that could allow him to run for both his Senate seat and president in 2016.

The preliminary discussions have begun in the wake of Kentucky Democrats retaining control of the statehouse in Tuesday’s elections. Democratic leaders of that chamber have already vowed not to change the law, hoping to force Paul to abandon his Senate seat in order to pursue the White House.


The law, as currently stated, says “no candidate’s name shall appear on any voting machine or absentee ballot more than once,” with the exception of certain special election scenarios.

So as a likely presidential candidate who also wants to run for a second Senate term, Paul is now exploring how to get around that restriction.

( POLITICO's 2016 election coverage)

One new idea under consideration is to change Kentucky’s May primary into a caucus system instead. Since most caucuses do not vote by paper ballot, Paul could theoretically avoid that restriction in the law.

At Tuesday night’s victory party for Senate Minority Leader Mitch McConnell here in Louisville, Paul discussed the idea for about 30 minutes with Steve Robertson, chairman of the state party.

“He’s got as many questions about it as I do,” Robertson said. “He’s just curious how it would work.”

Changing to a caucus system is no easy task. It would require the approval of the state party’s governing body, which consists of local GOP officials, who would have to agree on the procedures and the costs of holding statewide caucuses. They would have to reach a decision by October 2015.

Asked about the matter, Paul spokesman Dan Bayens said that the senator is “100 percent committed to running for reelection.” His decision on whether to run for president will come during the spring, Bayens added.

It’s unclear whether the committee will even take up this idea. But if it does, the move could give the Bluegrass State greater staying power in the presidential nominating contest if it moves its caucuses earlier in the calendar. Robertson said that gives the idea a “certain attraction.”

“I’m sure they would be very open to having a discussion and debate,” Robertson said of the party committee’s governing body. “But certainly, the questions you raise about how would it work, and with a body like that, they would certainly like to know what would the cost of something like that be.”

Of course, such a move could end up in court if Democrats sought to challenge it.

If the party does not go that route, Paul has other options, though it’s hardly clear how they would play out. With the state’s filing deadline in late January 2016, Paul could presumably wait and see how he’s doing in the early contests, and if he’s struggling, forgo his presidential bid and run for the Senate instead. Or Paul could potentially file as a Senate candidate while still running for president nationally — but only appear on the Senate ballot in Kentucky. But if he won the presidential nomination, Kentucky law is very restrictive on naming a replacement to the ballot for the Senate race. That scenario could potentially leave the GOP without a candidate.

Some states allow for candidates to run for two offices simultaneously, as Vice President Joe Biden did in 2008 and Rep. Paul Ryan did in 2012 — but not Kentucky. Still, Paul has previously said that he’s confident he could win a court fight on the issue, though it would be a gamble.