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Dem lawyers: Fla., Mich. can't be fully restored
AP on Yahoo ^ | 5/28/08 | Nedra Pickler - ap

Posted on 05/28/2008 2:28:31 PM PDT by NormsRevenge

WASHINGTON - A Democratic Party rules committee has the authority to seat some delegates from Michigan and Florida but not fully restore the two states as Hillary Rodham Clinton wants, according to party lawyers.

Democratic National Committee rules require that the two states lose at least half of their convention delegates for holding elections too early, the party's legal experts wrote in a 38-page memo.

The memo was sent late Tuesday to the 30 members of the party's Rules and Bylaws Committee, which plans to meet Saturday at a Washington hotel. The committee is considering ways to include the two important general election battlegrounds at the nominating convention in August, and the staff analysis says seating half the delegates is "as far as it legally can" go.

Saturday's meeting is expected to draw a large crowd, with Clinton supporters among those encouraging a protest outside demanding that all the states' delegates be seated. Proponents of full reseating have mailed committee members Florida oranges and pairs of shoes to get their attention.

DNC officials are concerned about a potentially large turnout at the "Count Every Vote" rally outside the event and have asked the hotel staff to increase security to keep everyone safe. The DNC says the roughly 500 seats available to the public inside were taken within three or four minutes of becoming available online Tuesday.

The DNC analysis does not make recommendations for how the Rules and Bylaws Committee should vote, but gives context from the party's charter and bylaws for the committee to consider.

The analysis said there are two options to include half the delegations — either allow half the number of delegates from each state into the convention or allow the full delegations to attend, but give them each half a vote. "The rule does not actually specify whether the reduction is to be accomplished on the basis of delegate positions or delegate votes," the analysis said, giving committee members some justification for sending the entire delegations with half-votes as some leaders in the states want.

The analysis also underscores a prickly problem: If the Rules and Bylaws Committee decides to restore any of the states' delegates, there is not a simple way to divide them between Clinton and Barack Obama.

That's especially true in Michigan, where Obama had his name pulled from the ballot. He didn't have the option of removing his name in Florida, but all the candidates signed a pledge not to campaign in either state.

Clinton won the majority of the vote in Florida and Michigan and has been arguing that the delegates should be fully restored according to the results of the January primaries. But even if they were, it would not be enough for her to overtake Obama's delegate lead.

As it becomes clear that Obama likely will win the nomination, he has been working to win over voters in the two states with visits in recent days. He plans to return to Michigan on Monday.

The DNC staff analysis argues that the Rules and Bylaws Committee was fully within its rights to strip all 368 delegates from the two states when they scheduled primaries in January. Party rules said their nominating contests could be no earlier than Feb. 5. Michigan voted on Jan. 15, Florida on Jan. 29.

The analysis also said there is an option to restore 100 percent of the delegates — by a recommendation of the Credentials Committee that meets later this summer. However, that would mean a final decision would not be made until the first day of the convention in Denver since Credentials Committee decisions have to be approved by the full convention as it convenes — risking a floor fight.

Alice Huffman, a member of the Rules and Bylaws Committee from California who is supporting Clinton, said she has been barraged with e-mails in the past few weeks. She said the senders include Floridians who are upset that they are being disenfranchised, and she has started printing out the messages so she'll have a record to explain her decision.

"This is a really, really significant issue to women. Obviously it's a significant item to people of color too. So I'm just preparing myself as best I can," said Huffman, president of the California NAACP.

The shoe shipments are being organized by WalkAMileInOurShoes.org and1 the orange idea was promoted by a group called Florida Demands Representation, which plans to bus Floridians to Saturday's rally outside the meeting. Blaine Whitford, a volunteer helping organize the effort, said they are unaligned with any candidate.

Susie Buell, one of Clinton's top fundraisers, has formed a political action committee encouraging women to support full seating of the delegates. The WomenCountPAC has taken out ads in USA Today and The New York Times promoting attendance at the rally.


TOPICS: Crime/Corruption; Extended News; Government; Politics/Elections
KEYWORDS: 2008dncconvention; fl2008; hillary; lawyers; mi2008; operationchaos; restored

Democratic presidential hopeful Sen. Hillary Rodham Clinton, D-N.Y., waits to speak during a campaign event at the Little Wound School in Kyle, S.D., Wednesday, May 28, 2008. (AP Photo/Elise Amendola)


1 posted on 05/28/2008 2:28:31 PM PDT by NormsRevenge
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A supporter of Democratic presidential candidate Hillary Clinton (D-NY) holds a sign during a campaign event at the University of Miami, Florida May 21, 2008. (Carlos Barria/Reuters)


2 posted on 05/28/2008 2:29:34 PM PDT by NormsRevenge (Semper Fi ... Godspeed ... ICE toll-free tip hotline 1-866-DHS-2-ICE ... 9/11 .. Never FoRget!!!)
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Democratic presidential hopeful, Sen. Barack Obama sits in on a eighth grade class at Mapleton Expeditionary School for the Arts in Thornton, Colo., Wednesday, May 28, 2008. (AP Photo/Chris Carlson)


3 posted on 05/28/2008 2:31:12 PM PDT by NormsRevenge (Semper Fi ... Godspeed ... ICE toll-free tip hotline 1-866-DHS-2-ICE ... 9/11 .. Never FoRget!!!)
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R U dumber than a 5th grader, Obama? We know Hillary IS.


4 posted on 05/28/2008 2:31:54 PM PDT by NormsRevenge (Semper Fi ... Godspeed ... ICE toll-free tip hotline 1-866-DHS-2-ICE ... 9/11 .. Never FoRget!!!)
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Students listen to US Democratic presidential candidate and US Senator Barack Obama (D-IL) speaking at a town hall meeting at the Mapleton Expeditionary School of the Arts in Thornton, Colorado May 28, 2008. REUTERS/Rick Wilking


5 posted on 05/28/2008 2:34:40 PM PDT by NormsRevenge (Semper Fi ... Godspeed ... ICE toll-free tip hotline 1-866-DHS-2-ICE ... 9/11 .. Never FoRget!!!)
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To: NormsRevenge

Obamama wasn’t even on the Michigan Ballot, so the only way to allow the Michigan delegation is to have them all “uncommitted.”

Also, it’s only because Obamama wasn’t on the Michigan ballot that Hitlery can claim to have more total votes.


6 posted on 05/28/2008 2:35:33 PM PDT by Yo-Yo (USAF, TAC, 12th AF, 366 TFW, 366 MG, 366 CRS, Mtn Home AFB, 1978-81)
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To: NormsRevenge
Campaign slogan for FL and MI

Howard Dean and Donna Brazile don't want your votes to count, so you know where to cast them. God BLESS America, McCain 2008.

Alternatively, "Tell Howard Dean and Donna Brazile to [insert appropriate sentiment here], McCain 2008."
7 posted on 05/28/2008 2:37:32 PM PDT by Winged Hussar (http://moveonpleasemoveon.blogspot.com/)
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To: NormsRevenge

They look bored.


8 posted on 05/28/2008 2:38:55 PM PDT by Jane Austen (Boycott the Bahamas!)
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To: Winged Hussar

This has definitely been a primary season for the ages,, more twists and turns than ever before, truly a silly season.


9 posted on 05/28/2008 2:39:49 PM PDT by NormsRevenge (Semper Fi ... Godspeed ... ICE toll-free tip hotline 1-866-DHS-2-ICE ... 9/11 .. Never FoRget!!!)
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To: Yo-Yo

Since when areDemocrats bound by rules?

BTW, there was an “uncommitted” slate in Michigan. It was widely understoiod to be the Obama delegates. Taht slate lost badly.


10 posted on 05/28/2008 2:48:12 PM PDT by TBP
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To: NormsRevenge

I wonder why not? Is is it that they would reverse the result without them?


11 posted on 05/28/2008 3:28:39 PM PDT by Paleo Conservative (1984 was supposed to be a warning not an instruction manual!)
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To: NormsRevenge

Stick a very long handled fork in Hillary, she's done.

12 posted on 05/28/2008 3:56:41 PM PDT by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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To: NormsRevenge

Make rules, then change rules as you see fit, that’s the DemonRAT Way!


13 posted on 05/28/2008 4:00:28 PM PDT by Revolting cat! (Let us pray for a hard working celebrity!)
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To: NormsRevenge
Image hosted by Photobucket.com
and the RATS, take another one in the..................HA ha!!!

14 posted on 05/28/2008 4:51:34 PM PDT by Chode (American Hedonist ©® - CTHULHU/SHOGGOTH '08 = Nothing LESS!!!)
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