Election 2012: Florida's Discriminatory Voting Laws Continue

After the American Century

The State of Florida has perhaps never conducted an election that was fair, when it comes to race. The long and sorry history is outlined in a New York Times article. 

After the debacle of the hanging chads in the 2000 presidential election, one might have thought that Florida would do all in its power to make its voter registration and election above reproach. Not so. The Republican dominated state legislature is actively inhibiting voter registration. It has done so by passing laws that fine volunteers who help others to register to vote. These are not trivial fines. The first version of the law set the fine at $5000 for every form with a mistake on it. The League of Women Voters, hardly a radical organization, took this law to court and it was struck down. But the Florida Republicans know that their state is crucial in the coming election, and they immediately got up another law which reduces the fine to "only" $1000.  

The intimidation and fines have worked: the League of Women Voters has stopped registering people to vote in Florida. 

Imagine that you are a volunteer, seeking to register voters for either party, and the form you help someone submit has a mistake on it somewhere. Perhaps the middle initial in the applicant's name has been left out. Perhaps you have forgotten to tick the small box, which says that you have never been judged insane or mentally handicapped. (I am not making this up.)Three forms out of 100 lack that little tick in the box, and are rejected.  Register voters at your peril, for not only is there a fine of $1000 for each erroneous form, but the volunteer's name ends up in a database. Instead of being praised for trying to do the right thing - helping people to vote - volunteers feel threatened by the Republican State of Florida.  In other words, every mistake is treated as though one were engaged in the fraudulent activity of intentionally filing a false claim. That, of course, should be punished.

But the State of Florida has created more obstacles. Suppose that you discover an error in your own voter registration, quite possibly an error made by some state employee in recording the information. Possibly a computer error, especially when dealing with a Spanish or Russian or Scandinavian name. Suppose your name has the letters ñ or ø or å in it, and suppose that  the State of Florida - glorious state of the hanging chads - has computers that simply do not process those strange letters. Un-American letters. What then? Even if the mistake is not one you made, on election day, you will not be allowed to vote. 

Now, who benefits from such a system? Who are those new voters that the Florida Republicans are so keen to punish? The punishment is completely non-partisan, of course, and the fines can be taken from anyone, rich or poor, white or blank, Anglo of Hispanic.  These laws are surely not directed at poorer people, who tend to vote Democratic. Why would the State want them to decide not to register since it could cost so much money?  It would be unworthy of me to suggest that Florida's Republicans are  carrying on the traditions of voter intimidation pioneered in the American South and used so successfully against African-Americans and poor people for more than a century. Of course Florida today has escaped from its racist heritage and it is ashamed of the disgraceful 2000 Presidential election. Or so one might think.

In fact, Florida is a disgrace to American values. Its history of voter intimidation offers a model only to tin-pot dictators. Florida ought to be ashamed, but it is apparently a state with no conscience, no shame, and no shred of self-respect. 

The Presidential election of 2000 was quite possibly stolen in and by the State of Florida. Land of the hanging chads.

Obama Takes the Center, Perhaps Florida

After the American Century

In the last few weeks Senator Obama has performed the classic manouevre required of successful presidential candidates. He has moved toward the center. During the primaries the voters are all in the same party, but to win the general election, a candidate usually shifts policy positions a bit. In 2000 George Bush managed to convince some Democrats and many Indepndents that he was a "compassionate conservative." In 1992 Bill Clinton likewise danced a bit toward the middle.

When candidates do this, ideologues become upset, because the candidate no longer seems a person of principles, but an opportunist. However, I have become somewhat more tolerant of these policy position changes, which also suggest pragmatism and flexibility. Candidates thereby suggest to the public that they listen to the popular will. Obama has recently endorsed private gun ownership, for example. Personally, I wish he had not taken that position, but if he wants to win in Pennsylvania, Ohio, Michigan, Minnesota, and many western states, this is a good idea. In any case, the president will not likely be able to change the liberal laws on gun ownership., which have just been supported by the Supreme Court. It overturned a Washington DC law to control carrying handguns. There was little point in Obama attacking the Court, and he will focus on the battles he can win.

Obama likewise made clear his support for Israel, which is important to carry certain key states, notably Florida. This support should be balanced, however, by his repeated declaration that he would seek an open dialogue with many groups and governments that the Bush Administration has refused to talk to, including many in the Arab world.

Less predictably, and far more interestingly, Obama has made a sharp break with the hard-liners on Cuba. For fifty years the US has enforced an economic embargo against Castro's regime. Support for that policy is weakening, however, due to several factors. First, Fidel Castro is now too ill to run that country, and his more pragmatic and reform-minded brother has made many small steps in the direction Americans would like to see, giving a modicum of democracy to the country. Second, the hard-liners themselves are dying off, and the second and third generation Cuban-Americans can see the potential economic and personal benefits in re-engaging with Cuba. Third, the EU does not have an embargo against Cuba, and the US is cutting itself out of a market. When Obama spoke to Cuban-Americans in Florida last week, they applauded his call for dialogue and economic engagement. Since the Bush White House apparently has little historical memory, it is worth emphasizing that the Cold War was "won" without a shot being fired, because of constructive engagement.

In short, while Obama is moving to the center, he is not simply repeating old policy positions. His approach to Cuba seems far more sensible than McCain's, who has embraced the old hard-line view. Obama is going after the younger Cuban voters, making himself the candidate of the future and of change. Coupled with his more moderate views on immigration, this should play well with the Hispanic voters generally, who are less prone to be hard-liners on Cuba in any case.

If Obama can successfully hold Jewish voters and pull some of the Cubans away from the Republicans, he will have a much better chance to win Florida, and with it, the White House. He is being adventuresome where it can pay off, but not on gun control, an issue where the Supreme Court has spoken, and one that will drive the white working class into the arms of McCain.

Will it work? During April and May every poll on Florida put McCain ahead, often by as much as 15%. But in the middle of June, even before Obama announced his new Cuban policy and support for Israel, two polls put him ahead of McCain. Even if Obama ultimately loses the state, if he can force McCain to use time and money to defend it, he will have fewer resources to put elsewhere.

Boycott Shameless Florida

After the American Century

Florida is without shame. After the debacle of the hanging chads in the 2000 presidential election, one might expect that Florida would do all in its power to make its voter registration and election above reproach. Not so. The Republican dominated state legislature is actively inhibiting voter registration. It has done so by passing laws that fine volunteers who help others to register to vote. These are not trivial fines. The first version of the law set the fine at $5000 for every form with a mistake on it. The League of Women Voters, hardly a radical organization, took this law to court and it was struck down. But the Florida Republicans know that their state is crucial in the coming election, and they immediately got up another law which reduces the fine to "only" $1000. So, the League of Women Voters has stopped registering people to vote in Florida. 

Now imagine that you are a volunteer, seeking to register voters for either party, and the form you help someone submit has a mistake on it somewhere. Perhaps the middle initial in the applicant's name has been left out. Perhaps you have forgotten to tick the small box, which says that you have never been judged insane or mentally handicapped. (I am not making this up.)Three forms out of 100 lack that little tick in the box, and are rejected.  Register voters at your peril, for not only is there a fine of $1000 for each erroneous form, but the volunteer's name ends up in a database. Instead of being praised for trying to do the right thing - getting people to vote - volunteers feel threatened by the Republican State of Florida.  In other words, every mistake is treated as though one were engaged in the fraudulent activity of intentionally filing a false claim. That, of course, should be punished.

But the Shameless State of Florida has created more obstacles. Suppose that you discover an error in your own voter registration, quite possibly an error made by some state employee in recording the information. Possibly a computer error, especially when dealing with a Spanish or Russian or Scandinavian name. Suppose your name has the letters ñ or ø or å in it, and suppose that  the State of Florida - glorious state of the hanging chads - has computers that simply do not process those strange letters. Un-American letters. What then? Even if the mistake is not one you made, on election day, you will not be allowed to vote. 

Now, who benefits from such a system? Who are those new voters that the Florida Republicans are so keen to punish should an error crop up anywhere? Well, the punishment is completely non-partisan, of course, and the fines can be taken from anyone, rich or poor, white or blank, Anglo of Hispanic.  These laws are surely not directed at poorer people, who tend to vote Democratic, and who might decide not to register since it could cost so much money. Of course not. It would be unworthy of me to suggest that. Surely, Florida's Republicans are (not) just proudly carrying on the traditions of voter intimidation pioneered in the American South and used so successfully against African-Americans and poor people for more than a century, part of the wonderful heritage of that region. It is outrageous, of course, for a Yankee outsider like myself to question such traditions.

What can we do? I am going to boycott all products from Florida, and I will not visit Florida so long as these un-democratic laws are on the books. [It is now 2012 and I still have not visited Florida.] I am going to tell all organizations of which I am a member, that I will not attend any convention or meeting held in Florida so long as these disgraceful and intimidating laws are on the books. I will urge these organizations to take a public stand on this issue. For the shame of Florida can well make a mockery of the 2008 presidential election.

Finally, I hope the news media will ask John McCain, repeatedly, whether he supports those Florida laws or not. This is about whether the United States is a democracy or not, about whether voters can be fined and intimidated and excluded. McCain should denounce these laws and show himself to be a man of democratic principle. Or is he too shameless?

What to do about Florida and Michigan

After the American Century

The news media and the blogosphere are full of discussions about what to do about the unseated delegates from Florida and Michigan. You probably recall that both of these states moved their primaries up before Super Tuesday. They wanted to be important and would not wait, even though the Democratic and the Republican National Committees both warned that they would be punished for this. The Democratic National Committee decided that none of their delegates would count. This was harsh, but the judgement was public, and the two states might have rescheduled their elections to later dates. They chose not to do this, and now have created a difficult situation. 

In the extremely tight race for the nomination Obama and Clinton would love to get some of those delegates, especially Clinton, because she "won" in each state. But there was no campaign, no personal appearances, no shaking of hands, no engagement between the public and the candidates. Indeed, Obama took his name off the ballot in Michigan, as did John Edwards, so Clinton ran unopposed there. This makes it hard to see that she "won" when 45% of the voters still did not choose her. In Florida Obama's name was still on the ballot, but he did not advertise or appear there in any way.

The Clinton campaign wants the vote to count as it stands, while the Obama camp feels that you cannot change the rules in the middle of the game. But both sides are wrong. It is patently unfair to accept these results, and it is also unfair to deny the citizens of these two states any representation at the Democratic National Convention. What should be done?

Step back a moment and consider whether this is not rather like a rained-out sporting event. The contestants did not come into the arena, but the fans there shouted at each other. But there was no real contest. When a baseball game is rained out, it gets replayed later in the season. By analogy, these two primaries need to be played later in the season, to help discover who has won the pennant, or Democratic nomination. Only then do we know who should be in the World Series, or general election in November. 

The two state governors are saying that they might be willing to hold new elections, but that the Democratic National Committee has to pay for it. This is politically motivated nonsense. The two states should be delighted to get all that publicity, all those reporters, all those volunteers spending huge sums on motels and meals and donuts. Are they really going to demand to be paid because they broke the rules and created this problem in the first place? However, Florida's Republican Governor Crist seems quite delighted to have this opportunity to complicate the Democratic Party's problems.

We need to hear from Michigan and Florida voters. They are large states, important states, states with many delegates. But ultimately, they will only give advice. They will not be able to eliminate one candidate in favor of the other. For with two extra primaries, neither Obama nor Clinton will be able to mount a 400 vote lead. That is what one of them needs to do to reach 2025 pledged delegates. Even with a replay of the Michigan and Florida primaries, in the end the 796 superdelegates are still going to make the choice. It is hard to see how either the loser or the American people can possibly feel that it was a fair result. Worse still, some voters might think that a party which is unable to organize and run a system of primary elections, is not ready to run the country. One can only hope that the Democratic leadership finds an elegant way to resolve the crisis it has created.

Obama and Clinton: Dangers of a Long Race

After the American Century

Obama has now won a string of impressive victories. Ahead for the first time in the race, however, he faces new kinds of problems. The front runner never gets a free ride. He has been the media's darling, but now they may begin to play a little rougher. Where before the Republicans were busy with their own race, McCain has now begun to attack him directly, by name. Obama has seen the advantage in that kind of attention, and is responding to McCain. It seems to say that Hillary is history. She is not, and Obama will now need to fight them both.

Clinton will likely have trouble winning in either Wisconsin or Hawaii, but when the battle shifts to Texas and Ohio on March 4, she will be in states where polls show her well ahead. Texas has been a Republican stronghold since at least the 1980 presidential elections, and there is little chance that the Democrats can win there in November. But take away the Republican majority, and the voters left include a large Hispanic population that now votes more than in the past, plus a sizable number of working class southerners who are comfortable with the Clinton name. For Obama, it will be an uphill fight in Texas outside of the Black community and college towns. Since Hispanics greatly outnumber African Americans there, Hillary starts with an advantage. However, Obama has been doing better with the kinds of voters who earlier went for Clinton. In Virginia he drew more women voters and started to attract more Hispanics and older Democrats as well. Still, the game for Obama in Texas is probably not to lose by too much, getting as many delegates as possible so that Hillary does not catch up.

In the crucial state of Ohio, Obama needs a better showing. If he can wrest Ohio from Hillary, such a victory might convince super delegates that he is the best standard-bearer for the party. However, if he looses in both Texas and Ohio, then Hillary has a real chance to raise additional money and rally for a showdown in the Pennsylvania primary. Even more than Ohio, Pennsylvania is a place the Democrats must win in November to ensure safe passage back into the White House. But Pennsylvania has a conservative history. It went for Herbert Hoover in 1932, in what was otherwise a Roosevelt tidal wave. Pennsylvanians also liked Ike in the 1950s and Reagan in the 1980s. In recent times the Democrats have carried it (1992, 1996, 2000, and 2004). With more than 12 million people, it is a crucial state, where polls now show Clinton in the lead. Bread and butter issues will be important there, particularly in Philadelphia, Pittsburgh, and among the remaining steel workers and coal miners.

In short, Obama has had all the momentum of late, but if Clinton holds on to her current leads in both Ohio and Texas, then it will stretch out the decision at least until at least April 22, and do possible damage to the Democratic Party. The super delegates may even wait it out to see who wins what in May.

Granted that neither candidate can attain the magic total of 2025 delegates through the primary process alone, the hope must be that one of them convinces the super delegates that he or she is the best choice. Ideally, whoever that is ought to have won a plurality of the pledged delegates as well. Unfortunately for the Democrats, however, it might not happen that way at all. Obama has the most delegates, but Clinton has the most super delegates. Roughly 390 of them have not made up their minds, and both candidates are wooing them non-stop.

Ominously, in the long gap between primaries from March 4 until April 22, other than vying for super delegates, the festering question will be: What to do about Florida and Michigan? There are no good choices. Playing strictly by the rules, these states held their primaries too early and were sanctioned for it: neither was to get any delegates. Abiding by this decision, Obama did not even get his name on the Michigan ballot. That made it easy for Clinton to win there, since she essentially ran unopposed. Now that she is behind, her camp has begun to call for giving Michigan delegates again. This seems grossly unfair. But if you are from Michigan, it no doubt seems just as unfair to be kept out of a close election. Florida offers almost the same connundrum, except that Obama at least was on the ballot there, though he did not campaign. Should Clinton win the nomination by getting Michigan and Florida seated - reversing the party's earlier decision - then Obama's camp would rightly feel aggrieved. But if they are not seated, Clinton's supporters will feel that two states where she was strong unjustly were excluded. I happen to side with Obama on this one. Don't change the rules in the middle of the game. But watch for unpleasantness on this issue.

Finally, because it is not likely to end soon, the campaigning, especially from Clinton's side, may get negative. That would also be a danger to the Party, not only because it will make it hard to unify for the fall campaign, but in October the Republicans will gleefully repeat whatever charges have the most destructive force. If it is not over, then, the Democrats will have to conduct themselves with some dignity. If it becomes a dogfight, they risk losing to McCain.

Does the First Nominee Have the Advantage?

After the American Century

There is a myth floating around in conversations I have heard in the US, that the party which decides on its candidate first has a decisive advantage. In other words, the party that unifies first behind one candidate can then consolidates its troops, while the other side is still fighting amongst themselves. It seems plausible. If true, then the Republicans might have an advantage, because their primaries are often winner-take-all contests, like Florida, where Romney got 31% of the votes but no delegates.

In contrast, the Democrats divide up the delegates from a primary roughly in proportion to the votes each candidate received. I say roughly, because the division is made at the local level, and can lead to small anomalies. For example, Clinton got the most personal votes in Nevada, but Obama got one more delegate (13) than she did (12), because of the way the vote broke down in particular districts. In other words, McCain (or conceivably Romney) might assemble the needed delegates in the next few weeks much more quickly than Clinton or Obama can. The Democratic race could easily take several months after Super Tuesday. If it is really close, then the decision might be made in balloting at the Democratic national convention in the summer. In other words, possibly neither Hillary nor Obama will get a majority, even when the primaries are over. In that case, the delegates who are pledged to Edwards would become crucial. He could be the power broker, deciding who gets to be the nominee, in exchange for something he wants - such as being the Vice Presidential nominee (again).

With that sort of scenario a possibility, the myth of early consolidation sounds appealing, but it is simplistic. The myth may be true if a party's candidates broadly agree on policy and are only fighting for the right to be the nominee. But what if the candidates fundamentally disagree about policy, as they do in the Republican Party right now? McCain is the front-runner, but I have met people who are furious at him, for example because he has a liberal approach to immigration policy. One angry woman told me that all the illegal immigrants should be thrown out, that they should have gotten in line for a green card and not entered the country before then. In her view, and that of millions of other conservative Republicans, McCain is completely unacceptable on that point. They will not much feel like rallying behind him, even if he does sew up the nomination. The question asked on a CNN Poll today was, "Can McCain Bring the Republicans Together"? Three out of four did not think so. There are too many fundamental issues that divide them. In addition to immigration, they disagree on what for them are fundamental moral questions: the theory of evolution, abortion, and gay marriage. Nor do they agree on how to deal with Iraq. Ron Paul's vocal minority wants withdrawal, but McCain will stay as long as it takes. I do not expect to see Huckabee or Paul supporters put much energy into a McCain candidacy. Or, if the candidate is Romney, many McCain supporters will sit on their hands, because he is too conservative for them.

In short, either Romney, or more likely McCain, might get the nomination early, only to find that party support is lukewarm. Weak enthusiasm from the Republican base would not stand up well to either the Clinton machine or the Obama wave. Moreover, the media are not going to give as much attention to an already-selected Republican as they will to a dramatic battle between the two exciting candidates on the Democratic side. And note that Obama and Hillary do not have radically different policy statements. Supporters of either one could in good conscience go out and work for the other.

An interesting historical comparison makes the same point. In 1960, Richard Nixon was the clear, early front-runner and early got the Republican nomination. On the Democratic side a fierce battle for the nomination went all the way to the convention and was only decided on the third ballot. In other words, the Republicans had unified early and, according to the myth, should have won, because the Democrats were fighting each other all summer. Moreover, Nixon could claim far more experience than his younger but less well-known rival. The winner? Jack Kennedy, a charismatic candidate demanding change. His vice-presidentail running mate? Lyndon Johnson, a Southern Senator who had the delegates needed for a majority. It might be "deja-vu all over again."

Florida: Mac is (Still) Back

After the American Century


The results are in, and McCain has won Florida with 36%, with Romney at 31%. It seems that McCain has found what Ponce de Leon was looking for: rejuvenation. He was the Spaniard who discovered Florida, looking for the the fountain of youth, which he had heard lay in that region. McCain may be the oldest candidate, but he's looking a bit younger after winning Florida. Giuliani, in contrast, found out that he is old news. Finishing third, the press is reporting that he will drop out of the race and endorse McCain. That means the Republican moderates will no longer be split, while Huckabee and Romney will continue to divide the more conservative Republicans.

The state where the Republican field was reduced to three is not like the rest of the South. Almost exactly 400 years after Ponce de Leon's futile search, old people from the Northern US began to retire to the warmth of Florida, which has had a land boom and bust cycle for 90 years. This influx of Northerners, many from New York City, makes the State less "southern" on the political map than it appears to be geographically. If the rest of the South is reliably conservative in Presidential elections, Florida is not. There are acres of retired Jewish voters on the beaches near Miami, who tend to go for McCain. There is the large Cuban community, still fighting the Cold War against Castro. They also voted on the whole for McCain. Then there is the large gay community on the chain of islands leading down to Key West. Some of them are conservative enough to vote Republican, but they will not like Huckabee, who wants a Constitutional Amendment to ban gay marriage, or Romney, who is almost as hostile.

Huckabee gave up on Florida, and he got only 13% of the vote. Perhaps he hoped that Romney could beat McCain if he were not there to divide the vote. Meanwhile, Giuliani put all his eggs in the Florida basket, but has now proven the pundits were right: campaigning only in one state was a bad strategy, though it gave him a chance to work on his tan. All the polls indicate that in the last days before balloting, it became a two day race, and now we have the results.

Florida is diverse enough to resemble the nation as a whole, certainly more so than South Carolina. So it is important who wins there, not just for the delegates to the convention, but because the Republicans usually need to win this state to win the Presidency. That was obviously true in 2000 (though they may not have really won), and it was also the case in 2004. If they lose Florida (as they did 1996), then they likely will lose the general election. It is the biggest swing state.

The Republican Party contenders, like Ponce de Leon, have been looking for rejuvenation in Florida. The explorer not only failed but soon died. The same has now happened to Giuliani, and perhaps Huckabee. Now the questions are: Will the battle between Romney and McCain get nasty? Will Huckabee drop out in time to help Romney, creating a political debt? Can McCain win over the conservative wing of the party, many of whom still publicly say they do not want him? We will get an idea in six days, on Super Tuesday.