Clinton Signals She May Take Delegate Fight To The Convention
May 21st, 2008 by JOE GANDELMAN, Editor-In-Chief
Senator Hillary Clinton says that if the DNC doesn’t change it’s stance on seating the Michigan and Florida delegations and the two states wish to pursue it, she’ll take the fight all the way the the convention:
In an interview with The Associated Press, Clinton was asked whether she would support the states if they continue the fight.
The presidential candidate said Wednesday, “Yes I will. I will, because I feel very strongly about this.”
Clinton is calling for delegates from both states to be seated at the convention based on the primaries. Both states were stripped of their delegates because they voted early, violating national party rules. Clinton won both states; Barack Obama’s name wasn’t on the Michigan ballot. The DNC’s rules committee will hear an appeal on May 31.
By most accounts Clinton will not get what she wants and the DNC which many analysts feel will will opt for some kind of compromise.
Clinton and her followers feel she is being gypped out of the delegates from those states, but her critics say her campaign changed the rules of the game — and its own documented stance — once it was clear she needed these delegates. Some angry progressives feel Clinton will press her campaign even if she risks bringing down the Democratic party.
Seating the two delegations could be complicated — as well as controversial.
Former Tampa Tribune reporter Steve Isbitts says that if the Florida primary results are used it could be illegal — and be a third degree felony:
Florida election law (Chapter 104.0515) states that “No person, whether acting under color of law or otherwise, shall intimidate, threaten, or coerce, any other person for the purpose of causing such other person to vote for, or not vote for, any candidate for any office at any general, special, or primary election….”
Coerce is largely defined, “to compel by force, intimidation, or authority, esp. without regard for individual desire or volition.”
This Florida election statute makes it clear that if The Democratic Party chooses to use the results of Florida’s January primary to determine delegates assigned to Barack Obama and Hillary Clinton, ignoring it’s public edict that results would not count, high-ranking party members will be in violation of Florida election law. The crime is a third degree felony in this case.
If January’s election results are used to select delegates, a Florida prosecutor could make a case that The Democratic Party officials used their “authority” to advise voters that their presidential votes would not count, without regard for the voters’ “volition,” defined as the exercise of their personal choice. It could then be determined that the party intentionally caused some voters to not vote.
Florida Law Calls For Criminal Charges Against Those Who Use Authority To Mislead Voters
All across Florida, there are residents who admit that their decision to not vote for a presidential candidate in January was directly affected by The Democratic Party stating that the vote was meaningless. Several state newspapers have quoted people who fit this example.
The Democratic Party, hopefully, will choose to follow the rules they set last year.
Could it become so litigious? Given the tone of the contest, there is the possibility of some lawyers making some bucks on both sides. On the other hand, some see signs that the end game may be in sight.
This entry was posted on Wednesday, May 21st, 2008 at 2:16 pm and is filed under Florida, Primaries, Newsweek Blogitics, Conventions, Brokered Convention, Legitimacy, Superdelegates, Progressives, Democratic Party, Democrats, 2008 Elections, Republicans, Hillary Clinton, Elections, Barack Obama, Politics. Both comments and pings are currently closed.
