cobalt1999
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Sun Aug-26-07 07:48 AM
Original message |
The stand-off between the DNC and Florida will come down to one thing. |
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Edited on Sun Aug-26-07 07:49 AM by cobalt1999
Does the DNC committee punishments violate the federal Voting Rights Act by ignoring a states votes?
If so, Florida has the ace in the hole and can threaten to take it to court, then the DNC will have to accept the delegates.
If not and it's legal to ignore the Florida voters, then the Florida democrats will have to do some caucus solution (which isn't practical in this state) or not be counted.
I don't know the answer either. Maybe some of you legal experts know?
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MannyGoldstein
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Sun Aug-26-07 07:53 AM
Response to Original message |
1. Does That Matter For Primaries? |
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I thought that political parties could pick their candidate any way they want.
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cobalt1999
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Sun Aug-26-07 08:07 AM
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Florida democratic senator Nelson has threatened to take the DNC to court over this, so there may be some grounds for doing so. Even if the Voting Rights Act doesn't apply, there are numerous other federal laws protecting voting rights.
I am curious if the DNC punishment is even legal. If not, game over. If so, then we've got an ugly situation brewing.
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Bitwit1234
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Sun Aug-26-07 08:56 AM
Response to Original message |
3. Instead of all this in-fighting |
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and moving up and moving up of the primaries, they should set a date and vote it in to law, saying this date is the earliest there can be any primary in any state. That will stop all this on up man ship.
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cobalt1999
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Sun Aug-26-07 08:58 AM
Response to Reply #3 |
4. Then all states would go on that date. |
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In effect a national primary day. It's still better than the current system though.
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MaineDem
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Sun Aug-26-07 09:02 AM
Response to Reply #3 |
5. Actually that's what the DNC did |
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Not a law, of course, but Party Rules.
And contrary to what others here think, the parties do control their own primaries.
FL has 30 days to work on a compromise solution. I feel it will happen. I do object though, coming from a state that complied with the Rules, if there are no penalties for breaking the rules.
On a related thought, and not directed at you, if people are unhappy with the DNC rules they can always run for a seat on the DNC from their state.
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cobalt1999
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Sun Aug-26-07 09:09 AM
Response to Reply #5 |
6. Which brings me back to my original question |
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Are the penalties legal and would they stand up in court? Does either side have an "ace in the hole" in this dispute.
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MaineDem
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Sun Aug-26-07 09:11 AM
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7. I don't think a court would touch it |
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But I'm not a lawyer.
I think it's an internal Party decision. The ultimate decider, if you will, is the convention as a whole. The Credentials Committee will present to the convention the Florida delegation to be seated (or not seated) and the convention delegates will vote to seat or not.
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CTLawGuy
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Sun Aug-26-07 10:37 AM
Response to Original message |
8. We didn't have primaries until the 60s |
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Political parties can choose their nominee however they want.
Also two other things about the voting process may surprise you:
1. There is NO federal right to vote in ANY election. (there are rules about discrimination, etc. of course)
2. The constitution says that each state legislature can choose its presidential electors any way it wants. It so happens that all 50 states call for a popular vote election. So the legislature could decide to take away your "right" to vote for president with a simple law changing the means of selecting electors.
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