Rand Paul is trying to have it both ways — running both for president and re-election to his Kentucky Senate seat in 2016.

But whether he'll be able to keep that electoral insurance policy rests in the hands of Kentucky Republicans this weekend.

Kentucky law is clear: You can't run for president and U.S. Senate at the same time. But Paul has tried to get around that law, by pushing for the state to hold a nonbinding caucus instead of a primary in the presidential nominating process.

That would separate the vote for president from the state elections, and enable him to stand for his Senate seat again if he becomes the GOP's presidential nominee.

It's an argument that Paul, a self-proclaimed constitutional conservative, turns to the Constitution to make, arguing that other states don't have the same requirements. In fact, in 2008 then-Delaware Sen. Joe Biden won re-election to his Senate seat even as he won the vice presidency.

"We think there is going to be a constitutional argument that the states all have to have the same rules for a federal election," Paul said back in February.

Unlike a primary election, where voters go to a polling place organized by the government, a caucus is run by a county's local GOP for registered Republicans.

The logistics would be complicated, and volunteers needed to administer the election would require lots of training.

Another issue with the proposed caucus is cost — about half a million dollars. To sweeten the deal, Paul's campaign has promised to come up with the money, though he hasn't ponied up to the GOP central committee yet.

As a last resort, Paul has said he could challenge the constitutionality of the law standing in his way in court, but holding a caucus would be easier.

"It's less expensive and less lengthy just to ask your fellow party members — and you have a better chance asking your fellow party members — than you do in the judiciary probably," Paul said.

Not all Kentuckians are on board. At Fancy Farm, the state's big political gathering a few weeks ago, many were divided on Paul's proposal.

"You know, I think he is doing a great, great job as senator. So, I would support him regardless of what he did," said Katie Moyer, a fan of the first-term senator's.

Carol Miller, who wants retired neurosurgeon Ben Carson to be the GOP's presidential nominee, said Paul can't have it both ways.

"Rand Paul needs to decide whether he wants to be president or whether he wants to be a senator," Miller said.

Scott Lasley, a political ally of Paul's who is pushing the caucus plan, admits it's a balancing act. "What each county chair needs to understand is what the potential benefits are and what it is going to mean from their perspective to pull it off successfully," said Lasley.

Eric Lane, the vice chairman of the Nicholas County Republican Party, sees one upside: By holding a March caucus instead of a much later May primary, presidential candidates would be forced to campaign in the Bluegrass State. "I think it's going to bring a lot of attention to the state," Lane said.

But one big question looming over the debate right now is whether Rand Paul's presidential campaign will even last that long.

So far, Paul has lagged in both fundraising and attention. Earlier this month, Jesse Benton — one of his closest aides who was also running his superPAC — was indicted over a payoff "scheme" dating to the 2012 presidential campaign of Paul's father, Ron.

Lane admitted Rand Paul's presidential campaign issues could make the change a moot point come next spring.

"His campaign is not really picking up a lot of speed at the moment, so I don't know if this is all going to be a wash anyway for him or not," Lane said.

Ultimately, approval of the caucus isn't a sure thing. It's up to the roughly 340 people who sit on the state party's central committee.

And if it isn't approved it would be yet another bump in the road — this time at home — for Paul's presidential ambitions.

Copyright 2015 Louisville Public Media. To see more, visit http://www.louisvillepublicmedia.org/.

Transcript

AUDIE CORNISH, HOST:

In Kentucky, you're not allowed to run for president and the U.S. Senate at the same time. State law is very clear about that. That's a problem for Republican senator Rand Paul, so he's trying to craft a kind of insurance policy to keep his options open. He's pushing for a presidential caucus instead of a primary. It would allow him to run for Senate if he happened to become the GOP presidential nominee. Kentucky Republicans will decide the issue this weekend. Ashley Lopez of member station WFPL explains.

ASHLEY LOPEZ, BYLINE: Throughout his short political career, Rand Paul has called himself a constitutional conservative, so it's not a surprise that his pitch to Kentucky Republicans in favor of a caucus relies on the Constitution.

(SOUNDBITE OF ARCHIVED RECORDING)

RAND PAUL: We think there's going to be a constitutional argument that the states all have to have the same for federal election.

LOPEZ: Not all states have laws like Kentucky's, so Paul's workaround is to have state Republicans vote separately for president next year by holding a presidential caucus in March.

At Fancy Farm, the state's big political gathering a few weeks ago, Kentucky Republicans were divided on Paul's proposal. Katie Moyer is a fan of the first-term senator.

KATIE MOYER: Yeah. I think he's doing a great, great job as senator, so I would support him regardless of what he did.

LOPEZ: Carol Miller wants retired neurosurgeon Ben Carson to be the GOP's presidential nominee.

CAROL MILLER: Rand Paul probably needs to decide if he wants to be president or if he wants to be a senator, you know? So...

LOPEZ: Unlike a primary election where voters go to a polling place organized by the government, a caucus is run by county's local GOP for registered Republicans. The logistics would be complicated. The volunteers needed to administer the election would need lots of training. Scott Lasley is a political ally of Rand Paul's who's pushing the caucus plan.

SCOTT LASLEY: It's kind of a balancing act. What each county chair needs to understand is what the potential benefits are and what it's going to mean from their perspective to pull it off successfully.

LOPEZ: Another issue with the proposed caucus is cost - about half-a-million dollars. To sweeten the deal, Paul's campaign has promised to come up with the money. Paul says he could challenge the constitutionality of the law standing in his way in court, but he says holding a caucus would be easier.

(SOUNDBITE OF ARCHIVED RECORDING)

PAUL: One, it's less expensive and less lengthy just to ask your fellow party members, and you have a better chance asking your fellow party members than you do in the judiciary, probably.

LOPEZ: Even Republicans who haven't made up their minds about Paul thinks a caucus makes more sense. Holding the caucus in March, unlike the usual primaries in May, means presidential candidates would be forced to campaign there. Eric Lane is the vice chair of the Nicholas County GOP.

ERIC LANE: I think it's going to bring a lot of attention to the state.

LOPEZ: But there's one big question looming over the debate. Will Rand Paul's presidential campaign last that long? So far, Paul has lagged in both fundraising and attention. Lane says he likes the idea of a caucus, but he says Paul's campaign issues are a valid concern.

LANE: His campaign is not really picking up a lot of speed right at the moment, so I - you know, I don't know if it's - if this is all going to be a wash anyway for him or not.

LOPEZ: Ultimately, approval of the caucus is not a sure thing. It's up to the roughly 340 people who sit on the state party's central committee. And if it isn't approved, it would be yet another bump on the road, this time at home, for Paul's presidential ambitions. For NPR News, I'm Ashley Lopez in Louisville. Transcript provided by NPR, Copyright NPR.

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