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Did the April 19 District Caucuses Just Become a Clusterf*@k Too?

by: emptywheel

Wed May 28, 2008 at 16:21:27 PM EDT


There's something disturbing in the Rules and By-Law Committee Meeting Materials handed out for Saturday's meeting: the distinct possibility that the RBC will overturn the results of MI's April 19 Convention, the only thing approaching a real exercise in democracy this year. It's the problem of how to assign uncommitted delegates as supporting Obama.

First, the document pretty much throws out the possibility of doing a 69-59 split, which is what MI recommended.

Here is the document.
emptywheel :: Did the April 19 District Caucuses Just Become a Clusterf*@k Too?

If the RBC determines that any of the pledged delegate positions should be restored to the MDP, the first question presented is whether the results of the January 15, 2008 primary should be used in any way in allocating the results.

On the one hand, if the RBC does determine that Michigan should be allowed to send some pledged delegates to the Convention, there must be some basis for allocating those delegates among presidential candidates (preferences). A fundamental principle of delegate selection is expressed in the provision of the Charter requiring that delegates be chosen through processes which “assure that delegations fairly reflect the division of preferences expressed by those who participate in the Presidential nominating process.” Similarly, Rule 13(A) of the Delegate Selection Rules provides that, “Delegates shall be allocated in a fashion that fairly reflects the expressed presidential preference or uncommitted status of the primary voters….” In this case, it can be argued, there is no basis for ensuring “fair reflection” of presidential preference other than to use the results of the January 15 primary.

On the other hand, it can be argued that the primary as a whole could not possibly have served as a “fair reflection” of presidential preference because most of the candidates then running for the nomination were not on the ballot.

It then proceeds by considering a whole bunch of possibilities pertaining to the original Clusterf*@k, the January 15 primary, apparently believing the RBC can only address those results. It rules out categorically giving all the uncommitted delegates to Obama.

Nevertheless, there is no specific authority whatsoever in the Delegate Selection Rules or the Call for the RBC to award delegate positions won by the “Uncommitted” preference to a particular candidate or candidates.

It continues to consider whether there's a way to at least give the candidates who were not on the ballot (and therefore covered by "uncommitted") the ability to influence who gets picked as an elected delegate.

On the other hand, it can be argued that the voters expressing the “Uncommitted” preference were expressing a preference for at least one of the candidates whose names did not appear on the January 15 ballot, rather than rejecting the entire field. Therefore, following the principle of fair reflection of presidential preference, it can at least be said that the “Uncommitted” delegate positions should be considered as being allocated collectively to the candidates whose names did not appear on the ballot: Senator Barack Obama, former Senator John Edwards, Senator Joseph Biden and Governor Bill Richardson. Based on this logic, a strong argument can be made that in awarding delegate positions to “Uncommitted” status in the unusual circumstances presented by the Michigan challenge, the RBC would at least have the authority to make special provisions for the exercise of candidate right of approval in the selection of delegates to fill these pledged “Uncommitted” positions.

[snip]

At the least it would appear that the RBC could grant to those candidates—the ones who withdrew their names from the January 15 primary ballot — collectively the right to exercise candidate right of approval with respect to the eligibility of persons to be considered to fill the “Uncommitted” pledged delegate slots. It is possible that these candidates—only one of whom actively remains in the race—could work out among themselves the mechanics of approving the persons to be considered for the “Uncommitted” pledged delegate positions.

This is a legalistic way of suggesting that maybe those candidates not on the ballot could decide who should be eligible to become delegates (it doesn't say so, but of course all the people not on the ballot in January--Biden, Richardson, Edwards, and Obama--are either supporters of Obama or are Obama).

But here's the problem. To do that--to give the uncommitted delegates to Obama (which they sound inclined to do), they'd have to redo the District Conventions.

As noted, the MDP is in the process of completing the selection of delegates as if no sanction had been imposed, filling all delegate positions originally provided by the Call, and allocating those positions based on the results of the Jan. 15 primary. If a determination is made to award the positions originally allocated to the “Uncommitted” preference collectively to the candidates whose names were not on the ballot and to allow them to exercise candidate right of approval, then the RBC presumably would have to require the MDP to undertake a new selection process, including filing by delegate candidates and candidate right of approval, to fill those positions. [my emphasis]

Wonderful. Not only is our January primary the biggest clusterfuck in the nation. But our April District Conventions are on their way to becoming clusterf*@ks too.

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Bigger Mess (4.00 / 1)
Looks like an even bigger mess than we thought possible. No wonder people have been having to figure out on their own who the elected delegates are. The state party still hasn't released them. And if the results of the Jan. 15th allocation are up in the air...Dear Lord...

I think (4.00 / 2)
That's why they didn't release them, because they knew there might be a redo.

[ Parent ]
The DNC will stick with the Janury 15th results (2.00 / 3)
The election was certified, and there is no longer a way to re-do the vote (thanks, Barack!)

As for the allocation, I think its silly.  We all know that nearly all the uncommitted delegates selected in April were for Obama.  The real issue actually is that the January 15th uncommitted voters may have been voting for Edwards, Biden, or Richardson and, because they didn't show up at the County Conventions, their candidate preference will never be heard at the Convention.  I think its only fair that Obama's political decision cost him 100% of the uncommitted delegates, especially because not all the uncommitted votes were actually for him.

At the same time, I don't think its smart for the DNC to allow right-of-review if it requires a re-do of April's conventions, because the delegates that were elected shouldn't be told "Well, now you have to do run again."  Maybe the candidates can look over the list of people who were selected and knock them off and only re-do some of the votes, but as far as I know, the volunteers who were elected for Uncommitted in my Congressional District were hardcore Obama fans, and I'd hate to see them pushed out of the Convention in favor of a wealthy donor from East Grand Rapids.

Hillary speaks for me.


[ Parent ]
They were Congressional District Conventions, (3.40 / 5)
not County Conventions Xavier. And if I understand you correctly to say that it's only fair that Obama get no uncommitted delegates
I think its only fair that Obama's political decision cost him 100% of the uncommitted delegates,
well, that is the most asinine comment I've ever read.

The end of the human race will be that it will eventually die of civilization.

 - Ralph Waldo Emerson


[ Parent ]
Silly, or the Stupidity of Desperation (4.00 / 1)
From this:

That Clinton has impassioned supporters, many of whom link her candidacy to the feminist cause, hardly qualifies as news. And it's certainly true that along the campaign trail Clinton has encountered some outrageously sexist treatment, just as Barack Obama has been on the receiving end of bigoted treatment. (Obama has even been subjected to anti-Muslim bigotry despite the fact that he's not Muslim.) But somehow, a number of Clinton supporters have come to identify the seating of Michigan and Florida not merely with Clinton's prospects but with the causes of democracy and feminism -- an equation that makes a mockery of democracy and feminism.

Clinton herself is largely responsible for this absurdity. Over the past couple of weeks, she has equated the seating of the two delegations with African Americans' struggle for suffrage in the Jim Crow South, and with the efforts of the democratic forces in Zimbabwe to get a fair count of the votes in their presidential election.

Somehow, I doubt that the activists opposing Robert Mugabe in Zimbabwe would appreciate this equation.



[ Parent ]
Question. (4.00 / 1)
"It is clear that, as leaders, we have a choice who we associate with and who we apparently give some kind of seal of approval to. And I think that it wasn't only the specific remarks, but some of the relationships with Reverend Farrakhan, with giving the church bulletin over to the leader of Hamas to put a message in. You know, these are problems, and they raise questions in people's minds."(Democratic Debate in Philadelphia.  Clinton brings Farrakhan and Hamas into the discussion, unprompted by the mediators.  4/16/08: nytimes.com)

"...that found how Sen. Obama's support among working, hard-working Americans, white Americans, is weakening again, and how whites in both states who had not completed college were supporting me."  (5/7/08: Associated Press interview)

"I have repented," Clinton said. "I must have God's help to be the person that I want to be..."  (Bill Clinton repenting in front of a White House room full of ministers, including Reverend Wright.  9/11/98: CNN.com

Yet:

"...he would not have been my pastor," (Hillary Clinton news conference in Greensburg, Pennsylvania. 3/25/08: CNN.com)



Does Hillary really still speak for you?


[ Parent ]
The materials (4.00 / 1)
Here's the link, thanks to Eric.

There's good news for you (2.00 / 3)
If they have to re-do the County Conventions, maybe the Obama campaign will do what they did in California and purge the list of anti-war activists and liberal bloggers, leaving large donors and bundlers to take the slots.

They reversed their decision, but it still happened.

Hillary speaks for me.


You've just become (3.00 / 4)
a cartoon character at this point...

But it is good for a giggle.

Almost as good as "old man shouts at cloud."


[ Parent ]
It grows tiresome (3.57 / 7)
How you take every opportunity to play the primary-shit-flinging-monkey.  Disappointing.

You really need to learn to let go.  You are letting this primary define you.  When it's over where does that leave you?  Nowhere.  

Diversify my friend.

Julie

To prepare for when your life flashes before your eyes, make sure it's fun to watch.


[ Parent ]
My two cents... (4.00 / 4)
Since the rules originally said the states who went early would lose half their delegates, not all, I would recommend that the Michigan delegates selected at the April conventions and the Michigan superdelegates be seated at the Denver convention, but with each one getting a one-half vote.  But since that makes sense (at least to me) I doubt they'll do that.

"I never did give anybody hell. I just told the truth and they thought it was hell." -- Harry S Truman

I am adopting your principle from now on, (4.00 / 2)
at least for the time it takes for this fiasco to finish playing out - if it involves the Michigan primary, and if it makes sense, it won't happen!

[ Parent ]
I wonder how they will decide which delegates get the axe ... a lottery perhaps? (1.00 / 2)


Screw it. At this point, I say they should just... (4.00 / 3)
...go ahead and use the Jan. 15 results, at half a delegate each (including the SD's), and call it a day.

Florida:

Clinton: 105 Pledged + 8 declared SD's = 113 x 0.5 = 56.5 total delegates
Obama: 67 Pledged + 5 declared SD's = 72 x 0.5 = 36  total delegates
Edwards: 13 Pledged x 0.5 = 6.5 total delegates

...plus another (12 x 0.5) = 6 undeclared SDs

Michigan:

Clinton: 73 Pledged + 7 declared SDs = 80 x 0.5 = 40 total delegates
Obama: (at least) 22 declared Pledged + 5 declared SDs = 27 x 0.5 = 13.5 total delegates

...plus another (33 x 0.5) = 16.5 "unknown" uncommitteds + (15 x 0.5) = 7.5 undeclared SDs.

Best-case Scenario for Obama (not counting undeclared SDs):

Hillary adds 56.5 FL + 40 MI = 96.5
Obama adds 36 FL + 30 MI = 66

..which would mean Hillary would gain a net of 30.5 delegates, plus however the 13.5 undeclared SDs voted.

Best-case Scenario for Hillary (not counting undeclared SDs):

Hillary adds 56.5 FL + 56.5 MI = 113
Obama adds 36 FL + 13.5 MI = 49.5

...which woudl mean Hillary would gain a net of 63.5 delegates, plus however the 13.5 undeclared SDs voted.

Since Obama currently has precisely a 200 delegate lead, neither extreme would make any difference--he'd still be ahead by about 140-170 delegates.

Hell, even if all 13.5 of those unknown SD's broke Hillary's way, he'd still be ahead by a minimum of 127.

Finally, even if, in some bizzare alternate dimension, they decided to seat BOTH Michigan AND Florida as is, WITHOUT cutting the delegates in half, Obama would STILL be ahead by about 50-70 delegates. It'd be slim, it'd be bullsh*t, but it'd still be a win.


Why do you usually make so much sense? (4.00 / 3)
Let's just get this over with already.  According to the DNC's lawyers, they can't restore more than 50%.  If they can accomplish that by seating everyone but giving them all a half vote, I'm all for it.  I just don't want this to drag on to August as Hillary seems to be threatening to do.  If she appeals, it goes to the Credentials Committee, which doesn't meet until the convention, from what I understand.  We can't afford to let this drag out that long.

[ Parent ]
Don't you find Brewer's recitation of the "facts" (4.00 / 6)
rather odd?  In general, it's astoundlingly selective, but more to the point he's more than a little incomplete, especially where he states:

Barack Obama voluntarily withdrew his name from the primary ballot.  His and John Edwards['] supporters organized efforts to cast votes for Uncommitted status which received 40% of the votes cast[,] making it eligible for 55 pledged delegates to the National Convention.

But, back on December 12, 2007, the MDP sent out its official voters guide, wherein the Party itself "encouraged" Obama, Edwards, Biden, and Richardson voters to vote for Uncommitted status.  The guide stated:

9. Supporters of Joe Biden, John Edwards, Barack Obama and Bill Richardson are urged to vote "uncommitted" instead of writing in their candidates' names because write-invotes for those candidates will not be counted under state law.  [Emphasis in original.]

Source (pdf)

There was a reason why Obama's and every other candidates supporters were encouraged by both the campaigns and the MDP to vote Uncommitted, and that was because the MDP also included a line for write-in candidates that no cadidates applied for, but which many people thought they needed to use in order to vote for a candidate who complied with DNC rules and removed himself from participationin the Michigan primary.

Brewer is being more than a little disingenuous with the facts here.  


Oh, and there was also a YouTube announcement: (4.00 / 4)

The relevant statements begin at 1:36 of the video:

Brewer:Now, on the Democratic side of the ballot, there will be only four candidates listed, plus another couple of options.  The candidates who will be on the ballot will be Hillary Clinton, Christopher Dodd, Mike Gravel, and Dennis Kucinich.  The other four candidates were originally listed.  I put them on the ballot under Michigan law, but they decided to pull their names off the ballot.  So you will not find any of those candidates names on the ballot.  

For the supporters of Joe Biden, John Edwards, Barack Obama, and Bill Richardson, I recommend you vote "Uncommitted."  If you vote "Uncommitted," and "Uncommitted" receives sufficient votes, delegates will be sent to the National Convention who will be free to vote for whatever candidate they like, including one of those four.  So I think that if you're a supporter of one of those candidates, your best option is to vote "Uncommitted."

We strongly encourage people not to use the write-in option, as tempting as that may be.  Under Michigan law, a candidate has to consent to be awrite-in candidate or else their write-in votes don't count.  And so writing in one of those four candidates, or any other candidate, I believe, will cost you your vote, and will likely not be counted.  So please avoid using the write-in option.  If your candidate's not on the ballot, I strongly urge you to vote uncommitted.

This was also sent to party members via email.  


[ Parent ]
The MDP didn't include the line for a "Write-In" ... the blank line is required by the SOS. Check the facts before you start spreading yet another conspiracy theory. (1.00 / 1)
The ballots go to print long before the deadline to submit oneself as a "write-in" candidate ... no one knows if the line will be needed or not.  It is there just-in-case.

[ Parent ]
Exactly (4.00 / 4)
The deadline for signing up as a write-in is the 2nd Friday before the election, which is too late to change the printed ballots.

Unlike most election officials, I despise this law.  Voters should have the right to vote for whomever they want.  Write-in votes should not be disregarded over paperwork deadlines.

Unfortunately, since at least one state (Hawaii) doesn't allow write-in votes at all, apparently it's okay with the U.S. Constitution not to let voters select people who aren't on the ballot.


[ Parent ]
Local clerks do not like to count write-in ballots ... that is the reason a candidate has to file as a write-in in advance ... so the clerks can skip all other write-in ballots. (1.00 / 1)


[ Parent ]
I very much appreciate your posting here (4.00 / 2)
and giving us insight into how clerks, or at least a sample of one, thinks about these things.

Could you elaborate on why you despise this law - i.e. do you think it would make any practical difference if election boards were required to examine ALL ballots to tabulate possible write-ins? As I understand it, this is more or less a compromise between the ability of candidates to run after having failed to secure ballot access, and efficiency in counting the vote. IMHO, it is not onerous to declare 2nd Friday previous, and no one would actually get elected through a completely unorganized write-in process, anyway.


[ Parent ]
Sure (4.00 / 2)
It's not onerous if you've got a well-organized write-in effort going ten days before the election.  But that isn't always the way it works.

Let's say the leading candidate dies a week before the election.  Or he/she does something which alienates a tremendous number of voters.  Under the 2nd-Friday rule, voters would have no recourse whatsoever, since all write-ins would be disregarded.

Remember Byron Low Tax Looper, a 1998 Republican candidate for Tennessee state senate?  He shot and killed his opponent (Democratic incumbent Tommy Burks).  Fortunately, (1) Looper was quickly identified as the shooter (presumably that wasn't part of his plan), and (2) Burks' widow, Charlotte, won the seat on write-in votes.  That wouldn't have been possible in Michigan, if it occurred within 10 days of the election.

And votes for a write-in can be significant and send important political messages even if the write-in isn't elected.  We provide ballot access for minor parties even though there is almost no chance any of them will ever win an election.

In any case, optical scan tabulators automatically segregate ballots with write-in votes into a separate bin, so it is NOT necessary to examine every single ballot for write-in votes.


[ Parent ]
It doesn't change the fact that Mark Brewer himself (3.33 / 6)
was advising people to vote uncommitted if your candidate's name wasn't on the ballot, because write-ins wouldn't be counted.

Aside from the youtube videos of him saying this and the MDP voting guide advising this, I know for an absolute fact that he advised at least 11 county Democratic Party executive committees to advise the Democratic voters of their counties to vote this way, because I was sitting in the same room when he did it at a training for the 2nd Congressional district.

That was the first time I ever heard anyone advise people to vote uncommitted if their candidate of choice wasn't on the ballot and I heard it straight from Mark Brewer's mouth.  

I have come to the conclusion that politics are too serious a matter to be left to the politicians. Charles De Gaulle (1890 - 1970)


[ Parent ]
Brewer tried to have every voter participate on Jan 15th and encouraged using "uncommitted" if a voter supported a candidate who had removed their name from the ballot. (0.00 / 0)
Unfortunately, too many listened to wrong information.  Obama's campaign tried to GOTV and that helped, but in the long run no one bothered to check with the MDP to get the facts.

[ Parent ]

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