Daily Kos

Forget it--there can't be a Florida primary do-over

Tue Mar 11, 2008 at 02:49:04 PM PDT

The national pundits can go ahead and stop trying to figure out how to redo Florida's misbegotten primary, according to Senate Democratic leader Steve Geller.

Geller, of Cooper City, said something the talking heads don’t know is that 15 counties in Florida are already getting rid of touch-screen machines in anticipation of a move to paper ballots over the summer.

"You’ve got (15) counties that, unless you’re planning on standing there counting the votes on your fingers, there are no voting machines," said Geller.

Also, Geller said because of logistics, including mailing overseas and military ballots, it takes 90 days to do a primary. With the Democratic National Committee’s June 10 deadline for primaries, that means Gov. Charlie Crist would have to sign a bill authorizing a new primary on Monday, Geller said.

Sorry to inject reality into an otherwise entertaining hypothetical discussion, but someone had to.

I don't agree with Geller's suggestion that the Democrats should seat the delegation as-is. I've said from the beginning that the nominating process needs a good kick in the ass, and that this situation might be just the kick to get some real reform moving, even if it means that Florida has to sit this one out.

This still allows for a caucus, I suppose, even though Clinton has said she won't accept one. How she has the power to do that is beyond me, but I don't claim to know the minds of politicians. But I think the logistics of a primary can now pretty firmly be shut down.

Tags: Florida Primary, Steve Geller, Barack Obama, HIllary Clinton (all tags) :: Previous Tag Versions

Permalink | 86 comments

  •  Tips? (17+ / 0-)

    Been a while since I posted a diary, so I'll take what I can get.

    I want to die like my grandfather, peacefully in my sleep, not screaming in terror like his passengers.

    by incertus on Tue Mar 11, 2008 at 02:50:00 PM PDT

    •  But they have the voting machines now, right? (3+ / 0-)

      Recommended by:
      incertus, Avila, Sychotic1

      If they literally have gotten rid of the voting machines and have none, then yes, that's definitive. But if they're in the process of replacing them, might they not still have them?

      I hope you're right. I want this to end, and it ends sooner if Florida remains out of the equation.

      If I lived in Florida, I'd be working with other activists to replace the Democratic leadership in my state for putting us in that position.

    •  It sure seems to me that if the machines... (0+ / 0-)

      were gone or otherwise out of service then both Governor Crist and Senator Nelson would be aware of that fact.

      Kinda odd, don't ya think?

      •  You're assuming (0+ / 0-)

        a lot about both the Senator and the Governor. That's not generally a wise move.

        I want to die like my grandfather, peacefully in my sleep, not screaming in terror like his passengers.

        by incertus on Tue Mar 11, 2008 at 05:39:55 PM PDT

        [ Parent ]

        •  I'm not assuming anything. Just giving them... (0+ / 0-)

          a reasonable benefit of the doubt until I know better.

          On the other hand, you're assuming that they don't talk with the state legislature; either that or somebody's not being honest. I don't believe the latter for a moment, and as far as the former, I think that's a bit of a stretch as well since Nelson has been publicly front & center on this issue from the start.

          There may still be some residual animosity between Republicans and Democrats in Florida left over from the "Jebby" years, but Crist has been pretty fair and yes even bipartisan at times since taking office.

          It might not even matter anyway. The whole point may be moot. It seems Nelson talked to the Florida delegation in the House last night, pushing a mail-in election. No deal was reached but they're expected to keep talking about it.

          Time will tell.

  •  They are called mail in ballots (2+ / 0-)

    Recommended by:
    mdsiamese, Demi Moaned

    something that we have been using successfully for many years....and oh, by the way it will happen and Hillary will win again, and her delegate lead will be more than obamas....yes she can

  •  From Mark Halperin (1+ / 0-)

    Recommended by:
    SciVo
    1. Isn’t federal money required to pay for a federal election? And won’t it be close to impossible to raise the necessary millions of dollars under federal fundraising rules?
    1. How late will they have to hold the election to allow for overseas military voters to have time to send their ballots back?
    1. How will the state get U.S. Justice Department sign-off fast enough, since Florida, as a “pre-clearance” state, is required to show that any election rules meet federal Voting Rights Act standards?
    1. How long a lead time will be needed to allow for voter registration?
    1. Can the state and state Democratic Party successfully negotiate with all 67 county supervisors of elections to even hold a statewide election?
    1. Will Republicans and independents who already voted in the January 29th Republican primary be allowed to switch their registration and vote in the new contest?
    1. Will the state’s first-ever such vote-by-mail election produce anything like the record turnout that Democrats saw in January? And what if they fall fall short?
    1. Is vote-by-mail event legal under Florida law, which states “(2) The following elections may not be conducted by mail ballot: (a) An election at which any candidate is nominated, elected, retained, or recalled. . . .”?

    http://thepage.time.com/...

    "The end of all education should surely be service to others." -César Chávez

    by Cardinal Tiger on Tue Mar 11, 2008 at 02:56:27 PM PDT

  •  Um (0+ / 0-)

    Do you need voting machines for a mail in primary?
    And Florida Dems have already shut down the idea of a caucus, for several reasons.
    One, Florida is a primary state, and can't just make up a caucus out of the blue in a few weeks.
    Two, the population numbers alone would make a caucus completely nonviable.

    •  how long have you been voting??? (0+ / 0-)

      voting machines....this is a mail in ballot....goes out in the mail, comes back in the mail....no voting machines....

      •  even so... (0+ / 0-)

        its not like you just jot down your choice on a post-it and stick a stamp on it.

        The logistics behind something like this are really non-trivial -- can you imagine what kind of NIGHTMARE it would be if they rushed to hold a new election and then screwed the damned thing up?

        •  Even though it's Florida (0+ / 0-)

          really what could they screw up this time?

          Separate the names by about 5 inches on the page with a box next to each.  If you're dumb enough to vote incorrectly that way, I can't believe you were smart enough to register to vote in the first place.

          Got a problem with my posts? Quit reading them. They're usually opinions, and I don't come here to get in arguments.

          by drbloodaxe on Tue Mar 11, 2008 at 03:06:27 PM PDT

          [ Parent ]

          •  lol (0+ / 0-)

            But what happens when certain districts don't get their ballots on time while others get them early?  How about all those people whose voter registration doesn't have an up to date address?

            I'm just saying, the logistics are non-trivial and if something goes wrong then its a disaster for the party.  Whose delegates do you seat if there's no confidence in the second vote?

            •  None, I suppose (0+ / 0-)

              if they truly manage to F$^& it up again.

              I just like to pretend that they can't really be that incompetent.

              Got a problem with my posts? Quit reading them. They're usually opinions, and I don't come here to get in arguments.

              by drbloodaxe on Tue Mar 11, 2008 at 03:12:28 PM PDT

              [ Parent ]

        •  yeah, we could get someone we know (0+ / 0-)

          very little about and has only been in the senate 2 years...

  •  They just seat Florida as-is and revote (2+ / 0-)

    Recommended by:
    Owllwoman, SciVo

    in Michigan, where Obama wasn't on the ballot. Obama should do well in Michigan and he would still come out ahead in pledged delegates.

    Don't Legitimize Fox News.
    "Democrats have the heart to care."

    by jeepdad on Tue Mar 11, 2008 at 02:59:31 PM PDT

    •  That panders to Clinton (2+ / 0-)

      Recommended by:
      jeepdad, Sychotic1

      Given that the original ballot held an issue of importance to the elderly that drew her support base out in far greater numbers.  So I can't imagine Obama wanting to agree to that, and it takes agreement from both delegates.

      Had there been no other issues on the original ballot, I could see where that would have been a possible idea.

      Got a problem with my posts? Quit reading them. They're usually opinions, and I don't come here to get in arguments.

      by drbloodaxe on Tue Mar 11, 2008 at 03:09:06 PM PDT

      [ Parent ]

      •  Didn't know that. Thanks. (0+ / 0-)

        Don't Legitimize Fox News.
        "Democrats have the heart to care."

        by jeepdad on Tue Mar 11, 2008 at 03:12:50 PM PDT

        [ Parent ]

      •  A property tax amendment (0+ / 0-)

        in Florida is an issue for homeowners of all ages, not just the elderly.

        •  According to the US Bureau of Statistics (0+ / 0-)

          Florida has a greater percentage of their population over the age of 65 than the average state. (16.8 vs 12.4)

          Take out the people too young to vote, and over 65's make up a nicely solid 21.5% of voting age populace as opposed to the average of 16.9% of voters in other states.

          I'm still looking for home ownership stats, but it's pretty much a given that the older you are, the more assets you have accumulated and home ownership is a higher percentage among the old than the young.

          So while it does affect all homeowners, I think it's probably a good bet that a greater % of over 65's are homeowners, which then adds to the stats about the Florida population being older on average too.

          Got a problem with my posts? Quit reading them. They're usually opinions, and I don't come here to get in arguments.

          by drbloodaxe on Tue Mar 11, 2008 at 03:32:06 PM PDT

          [ Parent ]

    •  I like this idea (0+ / 0-)

      so I went to do some googling on what the rules actually were.
      Do you know that the rules state that if a state violates the primary date rules, they get all the SDs stripped and half of the delegates stripped.
      If the DNC had followed their OWN rules to begin with, we wouldn't be in ths mess.

      rule 20 c.a.1:

      Violation of timing: In the event the Delegate Selection Plan of a state party provides or permits a meeting, caucus, convention or primary which constitutes the first determining stage in the presidential nominating process to be held prior to or after the dates for the state as provided in Rule 11 of these rules, or in the event a state holds such a meeting, caucus, convention or primary prior to or after such dates, the number of pledged delegates elected in each category allocated to the state pursuant to the Call for the National Convention shall be reduced by fifty (50%) percent, and the number of alternates shall also be reduced by fifty (50%) percent.
      In addition, none of the members of the Democratic National Committee and no other unpledged delegate allocated pursuant to Rule 8.A. from that state shall be permitted to vote as members of the state's delegation. In determining the actual number of delegates or alternates by which the state's delegation is to be reduced, any fraction below .5 shall be rounded down to the nearest whole number, and any fraction of .5 or greater shall be rounded up to the next nearest whole number.

      •  They changed the rules (3+ / 0-)

        Recommended by:
        Sychotic1, EeDan, SciVo

        You're not looking at the current copy from what I've seen.

        And, btw, given the tightness of the race, do you really think HRC wouldn't still be screaming to get them all seated even if they only had stripped half?  C'mon, she's desperate to close that 110 delegate lead.  She can't win if she doesn't get it down to a number so small that there won't be riots if the superdelegate overturn the delegates tied to the people's choices.

        Despite what a lot of people hope, it's not over, and won't be over til the vote at the convention unless she by some miracle does decide to drop out before then.

        I curse the legislatures of both states for being so arrogant they thought they could jump the line, then cry because the security guards hustled them out of the amusement park.  This season has been nasty enough without them adding complications.

        Got a problem with my posts? Quit reading them. They're usually opinions, and I don't come here to get in arguments.

        by drbloodaxe on Tue Mar 11, 2008 at 03:17:59 PM PDT

        [ Parent ]

        •  This isn't about Hillary or delegates. (0+ / 0-)

          She would gain more delegates in Florida, but Obama would make those back in Michigan.
          It's not about delegates, it's about the voters.
          It's about allowing millions of people to have a chance to have their voice heard in this historic primary.
          It's about not pissing off voters in Florida and Michigan, so that those people (excited and engaged) will work and volunteer and support the Dems in the GE.
          I should note that it also will inform the Florida Republicans that they can't get away with screwing with our primaries.

          •  Hey (0+ / 0-)

            I'm for a revote myself.  KNOWING that their votes will count, I would expect far more voters to show up to the vote than the ones that did before.  Even though Florida got high turnout, it didn't do nearly as well at bursting records as states that knew their votes were legit to start with.  So a revote is about enfranchising even MORE people.  That being said, I would still expect HRC to win it, and that's fine, as long as the vote is within the acceptable dates to hold it.

            I agree that it's not about the candidates.  It's about ensuring that in 2012, this unholy muckup doesn't happen again thanks to other states seeing they can flaunt the rules and get away with it.  Seat the original delegates and in 2012 we'll be holding primaries at Thanksgiving of the year before :P

            (Hyperbole, but you get my point.)

            Got a problem with my posts? Quit reading them. They're usually opinions, and I don't come here to get in arguments.

            by drbloodaxe on Tue Mar 11, 2008 at 03:41:29 PM PDT

            [ Parent ]

        •  By the way (0+ / 0-)

          Here is a link to the current delegate selection rules of the DNC:

          Violation of timing: In the event the Delegate Selection Plan of a state party
          provides or permits a meeting, caucus, convention or primary which constitutes
          the first determining stage in the presidential nominating process to be held prior
          to or after the dates for the state as provided in Rule 11 of these rules, or in the
          event a state holds such a meeting, caucus, convention or primary prior to or after
          such dates, the number of pledged delegates elected in each category allocated to
          the state pursuant to the Call for the National Convention shall be reduced by
          fifty (50%) percent, and the number of alternates shall also be reduced by fifty
          (50%) percent. In addition, none of the members of the Democratic National
          Committee and no other unpledged delegate allocated pursuant to Rule 8.A. from
          that state shall be permitted to vote as members of the state’s delegation.
          In
          determining the actual number of delegates or alternates by which the state’s
          delegation is to be reduced, any fraction below .5 shall be rounded down to the
          nearest whole number, and any fraction of .5 or greater shall be rounded up to the
          next nearest whole number.

          Delegate Selection Rules

          •  Hmmm (0+ / 0-)

            I believe there's another section that allowed them to claim they can at their discretion supercede that.  Not saying it was wise to do so or in any way a good idea, but I'm fairly certain they had some rationale that they believed allowed them to do as they did.

            Got a problem with my posts? Quit reading them. They're usually opinions, and I don't come here to get in arguments.

            by drbloodaxe on Tue Mar 11, 2008 at 03:45:43 PM PDT

            [ Parent ]

            •  Are you thinking of this? (0+ / 0-)

              Nothing in these rules shall prevent the DNC Rules and Bylaws Committee from imposing sanctions the Committee deems appropriate with respect to a state which the Committee determines has failed or refused to comply with these rules, where the failure or refusal of the state party is not subject to subsections (1), (2) or (3) of this section C

              The only problem is (and I can only speak for Florida here), the FL Dems did try to fight the republicans on this, but eventually lost:

              Initially, before a specific date had been decided upon by the Republicans, some Democrats did actively support the idea of moving earlier in the calendar year.  That changed when Speaker Rubio announced he wanted to break the Rules of the Democratic and Republican National Committees. Following this announcement, DNC and Florida Democratic Party staff talked about the possibility that our primary date would move up in violation of Rule 11.A.

              Party leaders, Chairwoman Thurman and members of Congress then lobbied Democratic members of the Legislature through a variety of means to prevent the primary from moving earlier than February 5th.  Party leadership and staff spent countless hours discussing our opposition to and the ramifications of a pre-February 5th primary with legislators, former and current Congressional members, DNC members, DNC staff, donors, activists, county leaders, media, legislative staff, Congressional staff, municipal elected officials, constituency leaders, labor leaders and counterparts in other state parties.  In response to the Party’s efforts, Senate Democratic Leaders Geller and Wilson and House Democratic Leaders Gelber and Cusack introduced amendments to CS/HB 537 to hold the Presidential Preference Primary on the first Tuesday in February, instead of January 29th. These were both defeated by the overwhelming Republican majority in each house.
              The primary bill, which at this point had been rolled into a larger legislation train, went to a vote in both houses. It passed almost unanimously. The final bill contained a whole host of elections legislation, much of which Democrats did not support. However, in legislative bodies, the majority party can shove bad omnibus legislation down the minority’s throats by attaching a couple of things that made the whole bill very difficult, if not impossible, to vote against. This is what the Republicans did in Florida, including a vital provision to require a paper trail for Florida elections. There was no way that any Florida Democratic Party official or Democratic legislative leader could ask our Democratic members, especially those in the Florida Legislative Black Caucus, to vote against a paper trail for our elections. It would have been embarrassing, futile, and, moreover, against Democratic principles.

              http://www.fladems.com/...

              From what I see, the DNC failed to act when everyone started moving their primaries and wanted to make an "example" out of FL and MI, after other states had moved their primaries up.
              There is nowhere in the rules that say that states must lose ALL their delegates.
              They got screwed.

              •  Ok (0+ / 0-)

                I'll agree on that, they did get screwed.  But I still say they took off their clothes and laid down on the bed first.

                Got a problem with my posts? Quit reading them. They're usually opinions, and I don't come here to get in arguments.

                by drbloodaxe on Wed Mar 12, 2008 at 06:58:36 AM PDT

                [ Parent ]

    •  That kneecaps the DNC. (0+ / 0-)

      The precedent will be set; if you're enough of a battleground state, you can ignore whatever DNC rules you want.  The party will never be able to enforce a primary calendar again, as FL, MI, OH, PA, MO, MN, WI, WA, OR, CO, and VA will be able to do whatever the hell they want.

      I don't buy this idea that we'll lose FL and MI if they don't get their delegates seated; I really don't think a significant portion of the electorate will remember the primary politics with that much detail.

      There are people who say, "If music's that easy to write, I could do it." Of course they could, but they don't. - John Cage

      by RoscoeOfAlabama on Tue Mar 11, 2008 at 04:42:32 PM PDT

      [ Parent ]

  •  Caucus (3+ / 0-)

    I find it somewhat amusing that both of these states talk about cost of primaries but caucuses according to Florida would cost about 1/3 of a primary (12 to 4 mil). So how does Clinton have the right to shut down that talk, oh yeah the political operatives in both states are backing Clinton and someone in Michigan might even be the NAFTAgate leak. As Churchlady used to say "How convenient!"

    "On some great and glorious day the plain folks of the land will reach their heart's desire at last and the White House will be adorned by a downright moron."

    by Texasblu on Tue Mar 11, 2008 at 02:59:46 PM PDT

    •  She has the right (2+ / 0-)

      Recommended by:
      EeDan, SciVo

      because the rules require both candidates to agree.  Just as Obama has the right to refuse to simply allow them to seat delegates based on the original non-binding vote.

      I'm hoping they'll find SOME form of redo they can both agree on.  I'd even kick in a donation to help those cheapskates in the Florida Dem Party who don't want to cough up the cash to pay for their mistake.

      Got a problem with my posts? Quit reading them. They're usually opinions, and I don't come here to get in arguments.

      by drbloodaxe on Tue Mar 11, 2008 at 03:11:14 PM PDT

      [ Parent ]

      •  "Their mistake" was pushed on them (0+ / 0-)

        by a Republican governor and a Republican legislature which pushed up the primary date.

        In Florida, this mess was created by Republicans, aided by Democratic leadership's failure to take that into account.

        If seniority equated to good judgment, John McCain would be appointed president.

        by Juan4All on Tue Mar 11, 2008 at 03:51:19 PM PDT

        [ Parent ]

      •  Learn the facts (0+ / 0-)

        before you start insulting a while state full of people. Rep governor and Rep state legislature are responsible for early primary date. Dems went along because it included a measure to replace touch-screen voting machines, and it was going to pass anyway.

        •  Buzz (0+ / 0-)

          I already knew the facts.

          Dems simply shouldn't have gone along, period.

          Had they not, they would have had a leg to stand on.

          And I never insulted 'a whole state full of people' in that comment.  I insulted the the Democratic state party of Florida, who are what, a couple hundred people, maybe a couple thousand tops?

          Got a problem with my posts? Quit reading them. They're usually opinions, and I don't come here to get in arguments.

          by drbloodaxe on Wed Mar 12, 2008 at 07:02:30 AM PDT

          [ Parent ]

  •  They'll have to caucus on street corners. (0+ / 0-)

  •  I say (1+ / 0-)

    Recommended by:
    SciVo

    Let Michigan revote, and strip FL & MI of it's superdelegates, but seat the delegates resulting from the FL primary vote and MI new vote.  

    Punish the party leaders that defied the DNC, not the voters.

    This administration cannot be trusted to govern if it cannot be counted on to think -- George Will

    by kirari on Tue Mar 11, 2008 at 03:14:17 PM PDT

    •  are superdelegates assigned by states? (1+ / 0-)

      Recommended by:
      SciVo

      I know some are their reps and senators, but superdelegates are party leaders of a variety of sorts.  What if someone just happens to be registered to vote in FL?

      By the way, I was shocked that George McGovern is not a superdelegate.  I would have thought for sure the previous candidates of the party would be included.  

    •  It's a primary (0+ / 0-)

      not illegal.

      Howard Dean supported a mail in on Face the Nation on Sunday, and the Politico has an article about it:

      Under the plan now being considered, Florida voters would receive mail-in ballots, with return postage, in mid-May and possibly face a late May or early June deadline for returning them, the state official said. Before it could be implemented, the mail-in plan would need to be voted on by the state party before heading to the Democratic National Committee for final approval, the state party official said.

      The DNC would then conduct a 30-day public comment period before allowing the state party to move forward. If approved, the state party would then need at least three weeks to verify the mailing addresses of the 4 million Democrats who reside in the state before ballots could be sent.

      Florida officials had been studying alternate voting methods well before the current controversy erupted, affording them a familiarity with mail-in voting even though the state does not typically conduct its primaries by that method.

      Michigan Sen. Carl Levin suggested on ABC’s "This Week" on Sunday that the mail-in option might work for Michigan as well.

      http://www.politico.com/...

  •  I still think Obama should get in front of this (0+ / 0-)

    I wrote a diary on it a few days ago check it out!

    http://www.dailykos.com/...

    If he pushes for whatever they can get (be it a caucus or whatever) and Hillary denies it that would be incredibly damaging to her.

    Shameless Plug: Check out my band Losers of the Year we rock if I do say so myself.

    by DeanDemocrat on Tue Mar 11, 2008 at 04:31:27 PM PDT

  •  Revote should be much easier (0+ / 0-)

    There would only be one choice in a re-vote -- Obama or Clinton?  There would be no third choice, no down ticket contests, no bond issues.

    It might take a little time to count the votes, but they could probably do the entire vote on tiny slips of paper and a check off.  The time it would take to vote would be a tiny fraction of the time it takes to vote in a standard election year primary.  If a voter spends more than ten seconds in the booth, he's dawdling.

    What is the big deal here??

    I cried when I had no shoes... until I met a man who had no feet. And I said, "Hey, can I have your shoes?"

    by TheWurx on Tue Mar 11, 2008 at 04:33:57 PM PDT

  •  it'll be a 50-50 split (0+ / 0-)

    Heard this one today, the DNC can't run a primary - how can they run the country.

  •  "Democrats in Florida Are Near Plan for New Vote' (1+ / 0-)

    Recommended by:
    kirari

    New York Times

    Um, I'm for Obama and maybe I'd rather split the FL delegates close to the Jan vote split -- give Hillary 105 and take 80 now and bury all the attention FL would get in a June revote, esp. if BHO is up 175 by then.

    Does BHO really want to somehow make it all about Florida in June? Pick your battles! They already voted eons ago. Leave it alone -- don't give them a bigger say than they would have had in January!

Permalink | 86 comments