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Lanny Davis

Lanny Davis

Posted: August 4, 2008 03:00 PM

Fellow Democrats: Kill the Elitist and Undemocratic Caucuses


It's time for Democrats to kill the undemocratic and elitist caucus system for selecting national convention delegates for the presidential nomination. Instead, all delegates should be selected in primaries.

The 2008 Democratic National Convention in Denver -- the national party's supreme governing body -- can do it - or at least take the first step to doing it by passing a resolution establishing a new "Presidential Selection Rules Reform Commission." Such Commissions have been established many times before, beginning after the 1968 convention, to change the delegate selection rules. A new one is needed more than ever.

The most important item on the reform agenda should be to require all states to hold primaries and to kill the caucus system. There is no doubt that party caucuses discourage voter participation and are, in fact, undemocratic for a variety of reasons. Most people who work for a living can't afford or senior citizens are not able to sit for three hours in order to vote.

Second, caucuses are frequently gross violations of the one person-one vote principle that I always thought was protected under leading Supreme Court cases.

Two examples. According to some caucus state rules, if a precinct is entitled to elect 4 delegates to the county convention, and the vote is 59 percent for presidential candidate A vs. 41% for candidate B, the mathematical rules are likely to require a division of 2-2 (because Candidate A did not get to 60 percent.) 59 percent -- 41 percent -- a landslide -- results in 50-50 percent dead heat. This is nuts!

Even nuttier is the "Texas Two Step" system. In 2008, the over 2.8 million voters participated in the March 4 democratic primary. Then comes two step: at 7 pm, the party caucuses begin. People get to vote a second time (I am not making this up). But not all votes are equal. If you lived in Houston and Dallas, and carried your precinct in 2006 for the Democratic candidate for governor by a large margin, your vote could be twice or three times as powerful than if you lived in South Texas, in heavily rural Republican counties.

How can that be small "d" Democratic? How can that be constitutional under one person-one vote principles? Doesn't that embarrass a party that calls itself the "Democratic" Party?

Speaking of embarrassment. The result of these arcane rules for Democratic Party caucuses is incredibly small voter turnouts. The average turnout for all caucuses held in 2008 was under 10 percent. Even in the highest profile caucus state of all, the first one attracting all the media hype for months -- King Iowa -- the turnout among eligible voters was under 20 percent (meaning 80 percent of eligible voters stayed home). Other low turnout states included New Mexico (11 percent), Nevada (9 percent), Minnesota and Maine (5 percent), North Dakota (4 percent), Colorado and Nebraska (3 percent), and Idaho, Wyoming, Kansas (2 percent). You did not read that last number incorrectly: That is 2 percent!

Other reforms in the presidential delegate selection system that are needed include:

* Abolishing proportional representation and requiring winner-take-all for winners of state primaries (bringing the nominating system into alignment with the electoral college system for electing presidents -- isn't that what this is supposed to be all about -- electing a president?

* Limiting primaries to pre-registered Democrats, rather than allowing Rush Limbaugh and others to encourage independents and Republicans to do same day re-registration, motivated only by mischief to muck up the Democratic results;

* Eliminating Super Delegates. After what happened in 2008, it is silly to make believe they can exercise their independent judgment, as they were intended to be able to do when they were created in 1982. They can't and they didn't. If the political big wigs who are the Super Delegates want to go to the convention, then give them free tickets.

One final rational, sensible, and fair idea: Why not have five regional primaries, starting on February 1, and the first of the month through June 1, with the order rotated every four years so everyone gets a chance to go first?

The only answer is that the words "rational," "sensible" and "fair" are usually oxymorons when associated with the phrase, "the Democratic Party's presidential nominating system."

Aren't Democrats embarrassed by all this? If so, then the National Convention has the power to do something about it.

Don't hold your breath.


Lanny Davis is a prominent Washington lawyer and a political analyst for Fox News. From 1996-98, he served as Special Counsel to President Clinton. From 2005 to 2006, he served on President Bush's five-member Privacy and Civil Liberties Oversight Board. This article appeared in Mr. Davis' weekly column in the Washington Times, "Purple Nation," published Monday, August 4, 2008.

 
 
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03:20 AM on 08/08/2008
Lanny, come back with this suggestion after the election is over. We can talk about it then. Right now we all are working hard to make sure that Obama is elected this fall. Come on now; stay focus.
06:59 AM on 08/05/2008
Lulz. Changing the rules because "your" candidate lost is being such a sore loser. But you can't expect much from someone like Lanny Davis.
10:58 PM on 08/04/2008
Caucuses are egalitarian. They test the ability of even modestly financed and popularly obscure candidates to recruit to their cause committed individuals with a command of complex rules--not just buy ads. Primaries are often popularity contests that favor the wealthy and well-known. To eliminate the caucus, a time-tested analog of the New England town meeting, would be to slam shut the doors of the White House in the face of all candidates of modest means and limited name recognition--and all who support them.

Abolishing caucuses would cure no condition remotely resembling an ailment--unless the idea is to save prosperous popular candidates the bother of having to face opponents on an even playing field. As Democrats we must not conform our nominating system to the particular needs of the rich and famous--or of some favored candidate.

Winner-take-all elections are as anti-democratic as you can get! Surely the Electoral College should be abolished, not duplicated.

And superdelegates? Had there been none, Sen. Obama would have clinched the nomination even sooner. Was that the result you wanted?
10:26 PM on 08/04/2008
Are you still a democrat? If so, maybe you could work on abolishing the electoral college instead. Or maybe you could work on making sure the Deibold machines won't be hacked. Now's the time! There's still time! The election is only three months away.
09:45 PM on 08/04/2008
Great suggestions. I actually think the most important one is the primary rotation suggestion. If we had this type of schedule you wouldn't see everyone moving their primaries up such that we end up with a year long primary campaign. Can you say Florida and Michigan? I completely agree that the Super Delegates proved to be a Super Bust. The rationale for them was to keep control of the party in the hands of those that used to be in the smoke-filled back rooms, but the reality proved that those days are long gone and no one wanted to have ultimate control after all. Your points about the caucuses are correct, and none more so than those concerning the Texas system -- what a joke! I guess those that are insisting that we not take a look at these issues now don't understand that the national convention has a far bigger agenda than just coming up with nominees for the Presidency and Vice Presidency.
05:51 PM on 08/04/2008
No, primaries are more elitist because while your vote may "count" who is your vote electing? These delegates that primary elections elect... who are they? Hooray!! You selected them! And while electing a party's president is important there are other things that happen at Party Conventions. Caucuses allow ordinary folks to become important party dignitaries. Thats small d Democracy.

Just because America is too apathetic to care doesn't mean we should change the rules based on what some FauxNews analyst wants. Take some time and care America. Do the right thing.
05:45 PM on 08/04/2008
What a stupid time to push this. Democrats have an election to win, and there will be plenty of time to deal with this when it won't seem like some sort of backhanded slight to our candidate. A good time to do this would have been before the primaries started, or after the general election. To do this now seems like more sour grapes from Clinton dead-enders. Really making Hillary look bad, despite the classy way she's handled her loss....
05:38 PM on 08/04/2008
Quote: "It's time for Democrats to kill the undemocratic and elitist caucus system for selecting national convention delegates for the presidential nomination. Instead, all delegates should be selected in primaries."

Really? We need to decide this now? Any reason we can't wait until after the election?
02:11 PM on 08/11/2008
The reason it has to be done now is that the convention is the forum that can act on the matter. The usual procedure is for the convention to appoint a committee to work on the matter and report back to the next convention which can then act to reject or adopt the proposals. this is how it's always done. the democratic party's rules for primaries and caucuses are extremely broken. bringing the matter up at the convention is only the first step for fixing things. as it is, it will take eight years to put things right. What's wrong with you Obama supporters? Are you so partisan that you can't see that the current system is terrible and it will take years to fix it, even starting now?
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jsarets
04:59 PM on 08/04/2008
Lanny,

First, no Democrat benefits by having this discussion now. Surely we can have a lively debate and pursue sensible reforms after November 4. All you're doing is creating a legitimacy issue that plays into McCain's "Obama is a pretentious, uppity, fraud" campaign narrative.

Second, you take issue with the inward rounding of proportional allocation (59/41 = 50/50), but you recommend the outward rounding of winner-take-all (51/49 = 100/0). The winner-take-all method will always be the less accurate reflection of the popular vote. It doesn't matter that the general election is winner-take-all, because -- for the millionth time -- the general electorate is vastly different from the Democratic primary electorate.

We can improve the accessibility of caucuses by scheduling them on Sunday afternoons and providing absentee ballots with ranked choices. Caucuses are useful in the early stages of the season when the candidate pool is large, and the Party benefits by encouraging high-information voters to help guide the initial candidate attrition. They provide a venue for voters to educate each other on issues that often receive sparse media coverage.

Finally, caucuses were never considered a problem in the Democratic Party until a certain candidate decided to strategically ignore caucus states and got burned. The lesson, perhaps, is not that caucuses are evil, but that campaigns can't just up and decide to ignore a whole bunch of states because they don't like the way they allocate their delegates.
04:59 PM on 08/04/2008
Wht not let every vote count? Apportion delegates based on the popular vote, PERIOD! No more winner take all ANYTIME, ANYWHERE! Change the electoral college vote to be apportioned on popular vote by state. Guess what Lanny. Florida in 2000 would split 50-50 instead of 100-0. You know a statistical analysis of FL would call it a dead heat. You could count the votes over and over and you'd come up with a different number, maybe ebven +/- 400 votes. It is then only fair to make it 50-50 when it's a statistical tie. I think you get a Constitutional Amendment for that.
04:56 PM on 08/04/2008
CALL your super delegates and tell them you expect them to push for an Open Convention with Hillary’s name in nomination AND for them to VOTE for her. Get the phone numbers for your Super Delegates. Do it today — it is easy and free — and it will make you feel GOOD!
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aftershock
05:06 PM on 08/04/2008
Hilary already said she does NOT want to be put up for nomination at the convention. For being "so-called" Hilary supporters, you all do have a penchant for going against her wishes time and time again...
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10:32 AM on 08/05/2008
The NY Daily News article reporting that Sen. Clinton didn't want to be on the ballot at the convention was bogus. She has actually said she wants to be on the ballot to allow her delegates the opportunity to have their voices heard. Are Obama supporters afraid that by following the DNC rules and allowing a fair vote at the convention the better-qualified candidate might win?
05:13 PM on 08/04/2008
Yeah, i'll do that right away. because I really want John McCain to become president.
04:53 PM on 08/04/2008
Great, bring it up in 3 years Lanny so we can focus on the task at hand.
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Freesia2
I'm nicer than I appear in print. :-)
05:12 PM on 08/04/2008
That's why he's bringing it up now. It's an attempt to stir discontent. The timing is too convenient timed with Bill's comments in Liberia. I'd bet he's still on the Clinton payroll. Or he's been promised something.
11:04 AM on 08/05/2008
Just another Clintonista unable to accept reality and wiling to destroy the party and our chances at fixing this country, out of spite. Lanny and the rest make me sad to be a Democrat.
04:52 PM on 08/04/2008
Yeah because voting anonymously through a machine that can be easily manipulated is MUCH more democratic than actually sitting down in a room with your neighbors, friends, and fellow local party members to discuss the candidates and issues and then vote on them is soooooo elitist, undemocratic, and not at all what the framers intended...oh, wait. Gee, that's how they did it. Who knew?
04:33 PM on 08/04/2008
The system needs reform. Joe Trippi agrees. Lanny Davis agrees. Make it happen. Caucuses should be open as to allow "night-shift" workers, people in hospitals, single parents, active-duty military, and college students studying away from home the opportunity to participate.
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aftershock
04:02 PM on 08/04/2008
"After what happened in 2008, it is silly to make believe they can exercise their independent judgment, as they were intended to be able to do when they were created in 1982. They can't and they didn't."

Because they didn't vote for Hilary eh Lanny boy? That's basically what this entire blog is about, you wanting the rules changed to a system that would've provided Hilary a win in this years primaries (shooting for Hilary 2012 maybe?). The system has worked fine for years, and worked just fine this year, despite your protests about it being "undemocratic."

"Second, caucuses are frequently gross violations of the one person-one vote principle that I always thought was protected under leading Supreme Court cases."

News flash Lanny! Primaries are NOT elections, therefore, they are not governed by Constitutional law. In other words, the Democratic party could well go back to their old way of selecting nominees, with the party leaders deciding independently who would be the nominee, and there would be NOTHING that you could do to stop them.