International Fair Elections Guidelines With Regard to FL and MI

Most of the spin surrounding the disputed Florida and Michigan delegates seems to revolve around whether or not voters are being "disenfranchised" and who is to blame.  Personally, I don't think the majority of blame can be laid at the feet of either candidate.  Both could have objected to the stripping of delegates, but nobody wanted to jeopardize their popularity in Iowa or New Hampshire.

Clearly the best solution would have been to hold new elections in both states.  I'm not about to get into that ball of worms in this diary.  Neither campaign was exactly flexible when it came to solutions, and both Florida and Michigan's state governments didn't exactly help either.

Where that leaves us is: a bitter fight over the legitimacy of the contested elections.  Should the disputed vote totals count?  How will the delegates be seated?  Are the voters being "disenfranchised?"  After doing a bit of research with regard to international standards for fair elections, I have come to the conclusion that the only fair solution must not use either disputed vote tally with regard to distribution of delegates.

How did I reach this conclusion?  By first examining the facts.  Florida held an election that had both candidates on the ballot, but any campaigning by the candidates was banned.  Michigan held an election with only one candidate on the ballot, and any campaigning by the candidates was banned.

Next, I examined what criteria internationally recognized election observation groups use to deem elections "fair and democratic."  The Organization for Security and Co-operation in Europe is perhaps the most pre-eminent group tasked with observing elections worldwide.  I was able to locate their election observation handbook online in PDF format here (http://www.osce.org/publications/odihr/2 005/04/14004_240_en.pdf).

Page 16 of the handbook lists the criteria that elections should meet if they are to be deemed credible.  Florida and Michigan meet all of those guidelines, except one.  

For an election to be considered fair, it is required that:

"political campaigning can be conducted in a free and fair atmosphere
without administrative action, violence, intimidation, or fear of retribution against
candidates, parties, or voters."

The fact that no political campaigning was allowed in either Florida or Michigan completely invalidate any election results from the disputed contests.  Of all election activities, campaigning is one of the most important.  How can any candidate be given a fair chance to win the election when they are unable to speak to potential voters?  

This is why I believe that under no circumstance should the vote counts from either Florida or Michigan be considered legitimate.  Counting results that do not meet established guidelines for a fair and democratic election is more of an affront to justice than rejecting the tally completely.


Poll
Do you feel the FL and MI primaries met OSCE standards?
Yes
No
Whatever helps my candidate more!

Votes: 9
Results : Vote Link : Polls

Display:


Re: International Fair Elections Guidelines With R (none / 0)

Interesting.  Does it make a difference under international law if the candidates voluntarily agree not to campaign?


"Another problem we have...is that in election years we behave somewhat as primitive peoples do at the time of the full moon." --Harry Truman
by Steve M on Tue May 06, 2008 at 05:57:43 PM EST

Re: International Fair Elections Guidelines With R (2.00 / 2)

From what I can tell, there is no exception for "voluntary" breaches of the rules.  The guidelines seem to have the best interests of the voters at heart.  Democracy at its core is about an informed right to choose.  If the voters are deprived of information, does it matter that the candidates did so voluntarily?

I guess my point is, this whole stink is cloaked in the garb of what is "fair" for Florida and Michigan voters.  The fact that both candidates voluntarily withheld themselves from the voters does not trump the voters rights.


"We have said since Iowa that this is a race for delegates."
-Howard Wolfson
by belicheat on Tue May 06, 2008 at 06:07:26 PM EST

Re: International Fair Elections Guidelines With R (none / 0)

There is also no provision for a political party's scheduling rules to override the government entity in charge of scheduling the "regularly scheduled" elections, nor are there any rules stating that counting of the ballots is subject to political party approval.


by LakersFan on Tue May 06, 2008 at 06:49:27 PM EST
[ Parent ]

It is settled law (none / 0)

under the US Constitution that parties have the right to make the rules around the primaries.


by fladem on Tue May 06, 2008 at 06:57:02 PM EST
[ Parent ]

Re: It is settled law (none / 0)

I have no dispute with that. But that conflicts with the "rules" from the "The Organization for Security and Co-operation in Europe" that this diarist premises their whole theory on.

I think most of us can agree that when it comes to U.S. election laws, the U.S. Constitution (and settled law) trumps the election guidelines from The Organization for Security and Co-operation in Europe.


by LakersFan on Tue May 06, 2008 at 07:53:12 PM EST
[ Parent ]

Re: International Fair Elections Guidelines With R (2.00 / 3)

This sounds fair.  Let's throw out all the nominating contests which don't meet recognized international criteria for fair and democratic elections, which include things such as guaranteed secret ballot, no persuasion or intimidation inside the voting room, equal access provisions for people who are disabled, provisions or people who are temporarily away to vote, and sufficient voting hours so as not to unduly discriminate due to religion, occupation etc.

In other words, Michigan, Florida, and all the caucuses.  Agreed?


by markjay on Tue May 06, 2008 at 06:07:57 PM EST

And since these are unfair (none / 0)

we must also throw out the nominations of party candidates in Canada since they hold caucuses.

And Austraila.

Have you Clinton people lost ALL connection with reality.


by fladem on Tue May 06, 2008 at 06:58:18 PM EST
[ Parent ]

That free and fair clause (2.00 / 1)

is not in reference to voluntarily choosing not to campaign- it is meant for instances where campaigning is not allowed by through force and other means of suppression.
by linc on Tue May 06, 2008 at 06:33:39 PM EST

What you miss here (none / 0)

and this is typical of discussion here on this subject are the following facts:
  1. Clinton herself said that Michigan was NOT going t count.
  2. Clinton's chief advisor voted to punish Florida and Michigan.

by fladem on Tue May 06, 2008 at 06:55:57 PM EST

Re: campaigning (none / 0)

Shame on the DNC for not allowing the candidates to campaign in Florida and Michigan. The RNC did not forbid any campaigning by Republican candidates.

The votes cast in FL (and MI) are legal and certified.  They must count.  The delegates should also have proportional representation. Keep the delegates away from the convention if you want, but let them vote absentee ballot and include votes in the total tally.


by moevaughn on Tue May 06, 2008 at 06:59:04 PM EST

Re: campaigning (2.00 / 1)

How can you possibly state that the delegates should have proportional representation?  At the point in time when Clinton and Obama were not allowed to campaign in Florida, something like 50% of Americans polled said they didn't know enough about Obama to form an opinion. How is that a "fair" election?  Clinton's name recognition alone would give her a huge margin of victory.  I'm not saying Obama would win Florida in a re-vote, but certainly Clinton's margin of victory would not have been as large.


"We have said since Iowa that this is a race for delegates."
-Howard Wolfson
by belicheat on Tue May 06, 2008 at 07:57:04 PM EST
[ Parent ]


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