Florida was a little bit more normal. Turnout was equal to 48 percent of John Kerry's vote; the average in other closed primary states was 59 percent.
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As for the actual meeting itself, there's one more angle you ought to be aware of: a 50% cut and a halving of the delegates is not the same thing. For instance, if Florida delegates are seated in their entirety, but only have their vote counted as a .5, then Clinton will net approximately 19 delegates out of the state. But if the delegation is cut in half, that's done in every congressional district as well as statewide, then suddenly Clinton's advantage is only a net of six. That's right, the complicated nature of the DNC delegate selection process will be a good reminder to math majors everywhere that a 50% cut is not the same as a halving of an individual number. Go figure...The distinction is in the way that the delegates are divided up in individual congressional districts. Take for example a district that Clinton won 70-30, and that originally had 4 delegates. If you do the multiplication, you get 2.8 fractional delegates for Clinton and 1.2 for Obama, which rounds up to a 3-1 delegate take for Clinton.

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The increase in participation in the primaries has been driven by core groups favoring Hillary, led by women, Latinos and older voters.There is no doubt that the share of Latino voters increased dramatically in the primaries, nor that the share of women voters increased somewhat. But older voters?
Overall, more than 22 million Democratic primary voters were over the age of 45 this year, as compared to less than 10 million who voted in the 2004 Democratic primaries.

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To prepare for that eventuality, the Obama campaign has, for the first time, really, begun to bank delegates. Sources close to the campaign estimate that as many as three dozen Democratic superdelegates have privately pledged to announce their support for Obama on June 4 or 5. The campaign is determined that Obama not end the first week in June without securing the support of delegates numbering 2026 -- or 2210, as the case may be.We had noted last week that Obama wasn't all that many superdelegates away from a scenario where he could clinch on the night of the South Dakota and Montana primaries on June 3rd. Although the mathematics depend greatly on what happens with Michigan and Florida on Saturday, under the most likely scenario -- that Florida and Michigan's delegations are cut in half, and that Obama gets all of Michigan's uncommitted delegates -- he will in fact be about three dozen superdelegates away following next week's primaries, exactly the number that Ambinder cites. (I presently show Obama's magic number under this scenario at 31, accounting for his projected totals in Puerto Rico, South Dakota and Montana).
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Here are two important neutral principles that should guide the Democratic National Committee’s Rules Committee when it meets May 31 to decide whether to seat the Michigan and Florida delegations — and, if so, how to allocate them between Sens. Barack Obama and Hillary Rodham Clinton.Record numbers? Not in Michigan. According to the Michigan Bureau of Elections, the record for participation in a Democratic Presidential Primary came in 1972, when 1,588,073 Michigan Democrats cast ballots. That is nearly one million more ballots than were cast this year. (On the other hand, had Michigan held an "official" primary, and had the voters had behaved approximately as they did in Indiana, Wisconsin, and Ohio, about 2,000,000 voters would have cast ballots, easily breaking the record).
One principle is based in law, the second in pragmatic politics. Both principles result in the same solution: in some rough approximation, honoring the results expressed by almost 600,000 Michigan Democrats and more than 1.7 million Florida Democrats, who turned out in record numbers though they were told their votes didn't count, were not responsible for the rules violations, and don't want to be disenfranchised.
The legal principle supporting that solution is pretty simple. In U.S. contract law, the party breaching a contract usually has the right to "cure" the violation during the term of the contract. But if the other party stands in the way of that cure, the breaching party cannot be further sanctioned — and certainly, as a matter of fairness, the party preventing the cure should not stand to benefit.If the breach in question is Michigan's decision to advance the date of its primary beyond what the DNC permitted, it would seem that the parties to that dispute are (i) the Michigan Democratic Party (MDP), and (ii) the DNC. Therefore, if the MDP sought to cure the breach (that is, hold a do-over election), the principle that Davis articulates would suggest that the "breaching party" -- a.k.a. the MDP -- could not be further sanctioned.
That is, in fact, what happened in 2008 to Michigan and Florida. Those states violated the party rules when they scheduled their primaries before Feb. 5. But then in March, elected officials and party leaders in both states were willing to "cure" — i.e., to hold new primaries and raise the money privately to pay for them. In Michigan, Gov. Jennifer Granholm and Sen. Carl Levin proposed a "fire house" primary in June, in which voters could revote at local fire houses or libraries. In Florida, Sen. Bill Nelson and others supported a revote by mailed ballots and perhaps also offering the fire house alternative for those voters who preferred to vote in person.While Obama might have run the clock out on Michigan and Florida revotes, he probably would not have had the opportunity to do so had the Clinton campaign decided to start playing offense a little sooner. In a US News interview dated March 6th -- two days after the Ohio and Texas primaries -- Clinton stated her opposition to Florida and Michigan revotes:
DNC Chairman Howard Dean said at the time that such revotes were permissible and would bring Michigan and Florida back into compliance. And there was precedent: In 1996, Delaware Democrats held a party caucus earlier than the permissible date, resulting in a rule violation. But state Democrats were allowed to hold another caucus later on and were then found to be back in compliance.
In March and April 2008, Clinton publicly supported the revote proposals of Michigan's Granholm and Levin and Florida's Nelson. She repeatedly invited Obama to join her and do the same. He never did — and the revotes never occurred.
Now the Obama campaign would say that they neither objected nor approved; they just raised "concerns." That is a fact. But here is an unavoidable inference from other undeniable political facts: Had Obama instructed those supporters in Michigan and Florida who were opposed to the revotes to support them, and joined with Clinton in endorsing the revotes, the new rounds of voting would have occurred.
Can anyone seriously argue against that inference? Or that the Obama campaign, by referring to vague concerns for weeks about the revote proposals without offering to sit down with Clinton campaign, Florida, and Michigan Democratic officials to work them out, was more intent on playing out the clock and killing the chance of any revotes than finding solutions to permit the revotes to occur?
I would not accept a caucus. I think that would be a great disservice to the 2 million people who turned out and voted. I think that they want their votes counted. And you know a lot of people would be disenfranchised because of the timing and whatever the particular rules were. This is really going to be a serious challenge for the Democratic Party because the voters in Michigan and Florida are the ones being hurt, and certainly with respect to Florida the Democrats were dragged into doing what they did by a Republican governor and a Republican Legislature. They didn't have any choice whatsoever. And I don't think that there should be any do-over or any kind of a second run in Florida. I think Florida should be seated.Moreover, as late as March 13, the Clinton campaign opposed a Bill Nelson type vote-by-mail primary in Michigan. But at some point in mid-March, the Clinton campaign changed its position. This would appear to have been motivated by the fact that the Clinton campaign had not significantly cut into Barack Obama's delegate margin in Ohio and Texas, and needed some way to add time to the clock.
Money was certainly not an issue. Sufficient funds — estimated at between $15 million to $20 million for both states — could have been privately raised. New Jersey Gov. Jon Corzine and many other big Democratic donors publicly offered to raise this much. Moreover, does anyone doubt that had Obama joined Clinton in supporting these revotes, there would have been any difficulty in raising this sum just from their joint appeal on their campaign web sites alone? Hardly.I can agree with Davis on this point: money was the least of the barriers to Michigan and Florida revotes.
So what is the fairest solution for the Rules Committee, taking into account Michigan's and Florida's willingness to revote but for the failure of the Obama campaign to sit down and work out details to solve their "concerns"?Stop right there. What are these "7 [delegates] collectively cast for Sen. Chris Dodd and Rep. Dennis J. Kucinich" that Davis refers to? He appears to have invented them out of thin air.
It is rather simple. Go back, in effect, to the status quo ante and make some reasonable and fair adjustments.
In Michigan, Clinton received 55 percent of the vote. According to Thegreenpapers.com, she thus should receive 73 pledged delegates based on that percentage.
What about the 50 remaining uncommitted delegates, and 7 collectively cast for Sen. Chris Dodd and Rep. Dennis J. Kucinich, who were also on the ballot?
Some of those 50 delegates might have been for Clinton as a second choice to candidates other than Obama, so it would be totally unfair to award all 50 delegates to Obama.It isn't quite clear to me what Davis is arguing here. That some voters who voted for "uncommitted" did so as a proxy for John Edwards, but would have voted for Clinton had Edwards withdrawn from the election? Notwithstanding that the number of such voters was probably very small, Democratic primaries make no provision for instant-runoff voting. Should we also go back to New Hampshire and South Carolina and assign John Edwards votes in those states to Clinton and Obama? No; Edwards should get credit for all his presumptive votes, and if he gets any delegates out of them, those delegates should be free to behave as other Edwards delegates do.
One little known fact: Clinton complied with party rules by allowing her name to remain on the ballot, as did Dodd and Kucinich. Obama was not forced by party rules to remove his name — he chose to do so.Actually, this is debatable. The pledge letter signed by Hillary Clinton did not merely prevent Clinton from campaigning in Michigan and Florida, but also from "participating" in those contests.
The Rules Committee has several options. The fairest would be to allocate those 57 pledged delegates, to Clinton and Obama by the same ratio of their standing to one another in the average of the most recent Michigan statewide polls prior to the Jan. 15 primary. Or perhaps one Solomonic compromise, more generous to Obama than to Clinton, would be to divide the remaining delegates approximately 50-50 between the two of them, 28-27 (giving Clinton the extra delegate since she led in all the latest statewide polls prior to Jan. 15).I don't even know where to begin. Davis is arguing that Clinton should be given all of her delegates and the lion's share of the uncommitted delegates based on her standing in pre-election Michigan polling. Or, he might be so kind as to let Obama have (almost) half of Michigan's uncommitted delegates. Such magnanimity has not been seen since last night's season finale of The Tudors.


Florida's compromise solution is even easier. Clinton won 50 percent of the vote, while Obama won 33 percent of the 1.7 million Democratic votes cast. According to Thegreenpapers.com, that would give Clinton 105 delegates and Obama 69 delegates. That leaves 11 elected John Edwards delegates yet to decide, as well as 13 still unpledged superdelegates. (Eight supers have already decided for Clinton and five have decided for Obama).Although I have fewer objections to counting the Florida vote as is, I fail to see how this in any way qualifies as a "compromise", since it's Clinton's strongest possible position.
Practical politics: Winning the November electionBut which campaign is blocking a compromise now? Which campaign is not amenable to the 69:59 split proposed by the Michigan Democrats, or the solution to count Florida as half-delegates, as proposed by Clinton supporter Bill Nelson? The answer, in each case, is the Clinton campaign.
Such solutions for the seating of Michigan and Florida, rooted as they are on neutral and long-standing principles of law and equity, are also required by practical political realities if the Democrats want to win the White House in 2008.
If more than 2.3 million Democrats in Michigan and Florida are told their votes didn't count even though their party leaders were willing to revote, that could anger them, to put it mildly. If they blame Obama for not supporting the revote while still blocking a fair solution by the Rules Committee, essentially not permitting their January votes to count, they are likely to be angrier still — if, that is, he is the Democratic Party's nominee. In a close election that could mean the difference between the Democratic candidate carrying or losing Michigan and Florida.
Is it worth risking the White House in November by not accepting this fair solution?
I don't think so — too much, such as the Supreme Court and Roe v. Wade, hangs in the balance.
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