After wild day, R & B committee seats Florida and Michigan... kind of
Early in the meeting, it became obvious that the committee was ready to embrace a compromise on the issue of Florida and cut the delegation's power in half. Despite some tense back-and-forth, in particular when Rep. Wexler took the stand on behalf of Obama and Sen. Nelson on behalf of Clinton, the main issue appeared to be whether the delegation would be split in half before the allocation or whether all delegates would be seated and then granted half-a-vote.
This might seem a trivial dispute but the margin of delegate between the two candidates would be drastically different in the two cases, +19 for Clinton if the latter and +6 if the former. [This is due to the way in which delegates are allocated by district, something we have had ample opportunity to puzzle over in the past few months. For instance, in one of the 4 delegates districts in which Clinton netted 3 delegates and Obama 1, the post-punishment allocation would be 1.5-0.5 if every delegate is given half-a-vote. But if the split occurs as if the votes were not yet known, this district would only have 2 delegates and the two candidates would get one each.
The Obama campaign, being quasi-assured of the nomination, could afford to be generous. After all, its main preoccupation at this point is to avoid party disunity to move on to the general election. Through Wexler, it indicated that it would not oppose the model that would give Clinton a net margin of 19 delegates out of Florida, calling the move a "concession." Harold Ickles was irked by the use of that word.
Naturally, the more complex question concerned Michigan's delegation since only Clinton's name appeared on the ballot and questions lingered as to whether it is appropriate to pretend that the 40% obtained by "uncommitted" was a vote for Obama. The discussion was tense and no consensus emerged, as the Obama campaign insisted that the delegation ought to be split equally between the two candidates and the Clinton campaign insisted that the full delegation ought to be seated without transferring uncommitted over to Obama. In his impassioned defense of Michigan, Senator Levin endorsed the proposal to allocate the delegation 69-59, mid-way between the January 15th vote and a tie (this compromise has been circulating for a while but not that it has no basis in the rules).
After a long lunch period which extended in private conversations between the committee members, two motions were put on the table and approved by the committee. The first, approved 27-0, sits Florida's full delegation and gives each member (including superdelegates) half-a-vote. That gives Clinton a net gain of 19 out of Florida: 52.5 to 33.5 (it also gives 6.5 delegates to Edwards).
Then, the committee somewhat surprisingly approved a motion regarding Michigan, sitting a delegation made up of 69 Clinton delegates and 59 Obama delegates, each with half a vote. This gives Clinton a net gain of 5 delegates out of Michigan. The new magic number to reach a majority: 2,117 delegates.
The crowd was mostly subdued in the morning, occasionally applauding. But the Clinton supporters were very noisy in the evening session, as they booed and hissed the motions that did not grant the Clinton camp its full wish in either state. Even Clinton supporter Alice Hauffman was heckled for supporting the Florida motion. But it is during Michigan's debate that the room became most chaotic, as the crowd was chanting "Denver, Denver, Denver!" implying that Hillary should go all the way to the convention to make her case.
On the floor, Clinton adviser and RBC member Harold Ickes was protesting, "I rise in opposition. I find it inexplicable that this body that is supposedly devoted to rules is going to fly in the face of other than for our affirmative action rules the single most fundamental rule in the delegate selection process, that is, fair reflection." He later added, "Mrs. Clinton has reserved her right to take this to the credentials committee." And in a strong statement, he declared that, "Hijacking 4 delegates is not a good way to start down the path of party unity."
The day succeeded in resolving much of the issues on the table with the Florida and Michigan delegations, as it is now likely that most Democratic Party figures (including many high profile Clinton supporters like RBC member Dan Fowler) will consider this issue resolved. This means that the Obama campaign crossing the magic majority number (most everyone believe this will happen sometime next week) will be treated with more legitimacy than if the Michigan and Florida questions were still on the table.
But the Clinton campaign has laid the grounds to argue that they ought to continue their fight to the convention. First, there is the popular vote question as they will now argue that this decision legitimizes using the totals in FL and MI to calculate the popular vote results. The Obama campaign will then insist that the uncommitted votes be counted for Obama in Michigan, which would put their campaign ahead -- though Clinton is hoping to reverse that if she gets a big win in Puerto Rico tomorrow.
Second, the Clinton campaign has not accepted the legitimacy of today's resolution. Ickes's complaints at the end of the meeting were meant to protest the allocation of the Michigan delegation. For the Clinton campaign, it is a travesty that the uncommitted delegates be granted to Obama when he willfully took his name off the ballot and that Clinton delegates be taken away on top of that. Somewhat surprisingly, the Clinton campaign seems to have renounced its objections to the delegations being given only half-a-vote as the vote on Florida's motion was unanimous and as the Clinton campaign's statement tonight declares victory on the Florida front -- choosing to continue the battle only over Michigan:
The decision by the Rules and Bylaws Committee honors the votes that were cast by the people of Florida and allocates the delegates accordingly.We strongly object to the Committee’s decision to undercut its own rules in seating Michigan’s delegates without reflecting the votes of the people of Michigan.
The Committee awarded to Senator Obama not only the delegates won by Uncommitted, but four of the delegates won by Senator Clinton. This decision violates the bedrock principles of our democracy and our Party.
We reserve the right to challenge this decision before the Credentials Committee and appeal for a fair allocation of Michigan’s delegates that actually reflect the votes as they were cast.
If the Clinton campaign intends to somehow stay in the game past next week and if the superdelegate tsunami does not overwhelm them, its new fight will be a quest to get the credentials committee to change the Michigan allocation (and apparently not to sit the full delegations in FL and MI?). But considering the way in which Dan Fowler distanced himself from Ickes today and considering that undeclared supers like Donna Brazile are barely containing their allegiance at this point, this would certainly be a very lonely fight for Clinton. As far as even some of her high profile supporters are concerned, the Democratic primary will be over next week.
Perhaps the most stunning spectacle today occurred outside of the meeting hall, as protesters were gathered on the street to register their complaints about the way the Michigan and Florida delegations were being treated. TNR's Eve Fairbanks summarizes the scene of what she describes as an alternative dimension, in which one could see signs like "At least slaves were counted as 3/5ths a Citizen" and in which Larry Sinclair was welcomed as a hero for distributing tracts about Obama's drug use and gay sex escapades... Inside the meeting, some cries of McCain were heard from the audience at the end of the meeting.
Yet, despite the signs of lingering hard feelings, the DNC took a big step towards turning the page of the delegate dispute and settling the Democratic nomination. Unless Clinton somehow manages to prevent Obama from surpassing 2,117 delegates by next week, it is difficult to see her staying in the race. By mostly removing Florida and Michigan from the realm of the contestable, the RBC meeting took a big step towards launching the general election.