good-news-for-republicans.thumbnail.jpgI really can’t think of any higher irony than Ted Olson, who helped George Bush steal the 2000 election, weighing in on the matter of whether or not to count Florida votes. But the fact that he’s choosing to stick his oar in the water highlights the potential pitfalls of the situation: at the end of the nominating process, there could be a serious question of legitimacy under certain circumstances that the Democrats should be planning for.

I spoke with someone from the DNC this weekend at length about the situation with supedelegates, and the short version is that after all the state primaries are over and the pledged delegates have been tallied, they sort of expect that the superdelegates will act as wise dons of the party and move in a block to the winner and that will be that. They acknowledge that Florida and Michigan will have to be seated in some fashion, but at this point expect delegates to be assigned in mid-June by the credentials committee. The committee is comprised of 161 members assigned proportionally by state plus 25 members assigned by Howard Dean. If everything goes smoothly like the DNC anticipates, at that point it really won’t be an issue.

But all of this assumes that Democrats don’t act like Democrats, in which case suddenly the whole thing winds up in chaos. As Bowers notes:

The only way we will be faced with a brokered convention that produces a nominee with questionable legitimacy is if no clear popular vote or pledged delegate leader emerges at the end of the primary and caucus season. Basically, I think this means that if Obama wins pledged delegates, but does so outside of Michigan and Florida by less than 100, we are in for a real mess.

We really do not want to enter another situation where these things get decided by a court. It will be bad for the eventual nominee and bad for Democrats going forward. Howard Dean has suggested caucuses in both Florida and Michigan, but those favor Obama and could also raise legitimacy questions in the end. (And while Dean’s offer to play arbiter is charming, I can understand why it was greeted with laughter on both sides.) Holding do-over elections would be expensive and time consuming but may, in the end, be the most fair — but according to Marcy Wheeler it’s not legally feasible to do another primary in the state of Michigan, because the Republicans would probably block it just to screw with the system. So the pathway out of this is anything but clear.

Whatever the ultimate decision is, it should be something that is agreed upon by both campaigns now. It’s in their interest to do so, because when it’s all over nobody is going to want a legion of their opponent’s bitter supporters unhappy that the nominating process was not legitimate, and have the Republicans using the spectacle to ride all the way to the White House. It’s to everyone’s benefit that they agree to ground rules for Florida and Michigan going forward, and pledge to abide by them.

Related posts:

  1. Look Out, Charlie Crist: Teabagger World Domination Plan Coming to Florida
  2. Florida State Senator Al Lawson, 2010 Primary Challenger to Blue Dog Alan Boyd
  3. Michigan Blue Cross Screws Policy Holders
  4. Robert Greenwald Says Thanks to John Conyers at Michigan Liberal
  5. Landrieu’s Ambivalence on Health Reform Costs Her Keynote at Florida Fundraiser