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Legal Commentary

: TalkLeft

MI/FL: The DNC Changed The Rules

By Big Tent Democrat

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By Big Tent Democrat

This horse has long been beaten to death, but this thoughtful diary about the MI/FL fiasco ignores the fact that, as commenter dhonig points out, it was the DNC that changed the rules of what the punishment would be for moving up the Mi and FL primaries. Rule 20(c)(1) of the DNC Rules on Selection of Delegates at the time the date changes were enacted by Michigan and Florida stated:

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.

(Emphasis supplied.) The DNC, led by Howard Dean and Donna Brazile, changed the penalty rule for moving up a primary and ignored the violations of the rules by Iowa, NH and South Carolina.

These are the facts. Too many conveniently ignore the villains in this piece, the DNC, Howard Dean and Donna Brazile. I will not let them off the hook for this disaster.

Update [2008-2-15 17:29:13 by Big Tent Democrat]: I want to add that Rule 21 states:
Subject to Rule 18.C. of these Rules, wherever any part of any section contained in these rules conflicts with existing state laws, the state party shall take provable positive steps to achieve legislative changes to bring the state law into compliance with the provisions of these rules. Provable positive steps shall be taken in a timely fashion and shall include: the drafting of corrective legislation; public endorsement by the state party of such legislation; efforts to educate the public on the need for such legislation; active support for the legislation by the state party lobbying state legislators, other public officials, Party officials and Party members; and encouraging consideration of the legislation by the appropriate legislative committees and bodies.

My understanding is that Florida Dems took these steps in as timely a fashion as was possible. I think there is a strong argument that the DNC flat out violated its rules regarding Florida.

Update [2008-2-15 18:24:25 by Big Tent Democrat]: See also dhonig's excellent diary.

Full post as published by TalkLeft on February 15, 2008 (boomark / email).

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