Legal Commentary

DNC Rules Committee To Meet May 31 on MI and FL

By Jeralyn

The DNC Rulea and Bylaws Committee will meet May 31 to decide whether the DNC exceeded its authority in stripping FL and MI delegates because the states held early primaries.

The plan under consideration: Allowing all the superdelegates to vote and giving the pledged delegates 1/2 vote (or only seating 1/2 the pledged delegates.

Michigan lost 128 pledged delegates and 28 superdelegates, for a total of 156. Florida lost 185 pledged and 25 superdelegates, or a total of 210.

If it were valid, Florida's election would have given Clinton 105 delegates to Obama's 67. Michigan's would have given Clinton 73 delegates, while 55 were uncommitted. That means awarding half-delegates would give Clinton 89 more delegates and Obama 33.5, with 27.5 uncommitted.delegates.)

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Obama would get 1/2 of all the uncommitted delegates in Michigan, even though they included delegates for John Edwards. There may also have been delegates who were truly uncommitted and just not ready to make a choice.

Allowing the superdelegates to vote is the easy part.

....it's only fair that the superdelegates be fully restored since they aren't bound by election results any way. The challenges argue that the party doesn't have the authority to strip superdelegates of their votes.

As to the pledged delegates, I think all them, not half of them, should be counted. Hillary should get her's, and Obama should get his. Those who voted uncommitted should be seated and their votes should remain as uncommitted votes until the Convention when they can choose.

If the Rules Committee doesn't come up with an agreed solution, the Credentials Committee will decide in late summer.

This plan is better than the 50/50 plan Obama suggests whereby he would be awarded delegates who didn't either vote for him or vote uncommitted.

It may also make the superdelegates feel more comfortable about counting the popular vote in those states.

Full post as published by TalkLeft on April 26, 2008 (boomark / email).