All Votes Aren’t Equal: Texas Credentials Report Cites Evidence of Procedural Irregularities

Crossposted on DAILY KOS and TEXAS KAOS
By Faith Chatham - DFWRCC - August 12, 2008
I just received a copy of the 2008 Texas Democratic Convention Credentials Committee's report from TDP Staffer Jim Boyton. The summary is below:

STATEMENT ON RULES AND PROCEDURES
The Committee heard heart-felt, dispiriting testimony from witnesses representing hundreds of challengers about improprieties at many county/senatorial district conventions. Even though the Committee could not always ascertain the factual predicate necessary to divine a remedy that would deny the fruits of the wrongdoing to the violators without harming the effort of welcoming participation by tens of thousands of new Democrats and beginning the healing process, the Committee implores the Party to take stringent steps to prevent recurrence of the following types of infractions:
• Abandoning the convention leadership’s responsibility to ensure credentials go only to those properly elected at the precinct conventions below as properly reflected on the precinct convention minutes returned in a timely manner;

• Allowing participation by alternates or visitors in the voting in precinct caucuses or the voting on the floor of the convention;

• Not recognizing delegates on the floor to challenge the approval of the nominating committee’s nominees for4 delegate-at-large without allowing individual challenges;

• Having one person serving in multiple positions, e.g. Chair of the Tabulations Committee, Rules Committee and Credentials Committee simultaneously as well as adopting and enforcing special rules;

• Claiming to suspend the rules or adopting special rules under the rubric of Robert’s Rules of Order in order to operate in direct violation of the Rules of the Texas Democratic Party;

• Holding joint conventions of different senatorial districts within a county, including joint Nominations or other committees;

• Not appointing members of the Credentials or other committees at the time and in the manner prescribed in the rules, including not in open meetings or not properly balanced;

• Ordering precinct conventions to be ignored and to be reheld without proper factual basis found by the appropriate authorities and without opportunity for sufficient notice to all potential precinct voters;

• Not having the precinct convention minutes and all exhibits made available in a timely manner to anyone wanting to use those materials for supporting any Democratic candidates;

• Not addressing the time frame for the credential verification and challenge processes so that those matters can be resolved sufficiently in advance of the opening of the conventions to avoid long delays in the convention before conducting their other business.

The Preamble of the 2008 Credentials Committee Report to the SDEC and Texas Democratic State Convention addresses the expectations of the 2.8 million Texas primary voters:

PREAMBLE
On March 4, 2008, some 2.8 million Texans exuberantly turned out to select the leaders that they wanted to carry forward the Democratic banner in the fall election. These people cast their votes to restore the levers of government in our county and state to those dedicated to implementing policies and democratic values in the best interest of all Americans.

An unprecedented million or so of those voters also participated in their precinct conventions in hopes of helping the presidential candidate of their choice obtain the Democratic nomination to lead that campaign in the fall. Those Democrats rightfully expected the convention process at both the precinct and the county/senatorial district convention levels to be conducted fairly and openly in accordance with the rules and laws applicable to the most important of all rights – the right to vote.

Acknowleding that many of the conventions were conducted fairly, they stated:

For the most part, the conventions were able to conduct their important business with due respect for the rules and the rights for all involved. The conventions did so in spite of the unprecedented numbers of participants, the vast majority of whom had never participated in their conventions beforehand, and cumbersome or arcane rules and procedures. The amazing success of the conventions is due to the dedication, patience and good faith of the scores of thousands involved.

They attributed some of the problems to:

However, constraints of time or facilities, misunderstanding of the rules, miscommunication between the people involved, or occasionally excess zeal in trying to advance the cause of a particular presidential candidate, caused improprieties or mistakes to be made in the process.

The Preamble explains the importance of the Challenge Process:

The Democratic Party devised the rules after decades of experience where those in positions of power often overrode the rights of others, sometimes even of the majority. The rules are designed to give everyone a fair opportunity to participate and any transgression of those rights, regardless of how well intentioned or innocent the cause of the transgression, is a serious matter. For that reason the Party has established the challenge process over which this Committee has been deliberating these past three weeks.

The committee acknowledged that they did not remedy all the challenges they affirmed and they did not enforce the rules to the fullest extent:

This report contains the recommendations of the committee to the SDEC as how to resolve all of the challenges that came before the Committee. The Committee recognizes that these recommendations do not always enforce the letter of the rules to the fullest. This is done consciously and advisedly.

Apportioning presidential delegates at the convention creates disunity:

In the heat of the convention process, where those supporting competing candidates vie for delegates, passions run high and feelings are often injured.

This year the high turn-out of convention attendees further exacerbated the divisions among Texas Democrats:

The unique obstacles created by trying to accommodate such unprecedented participation in inadequate facilities in such a short time for planning often exacerbated the sense of injury.

The Challenge Process is designed to facilitate healing among Democratic Convention participants:

The Committee strongly believes that it is crucial to our common pursuit of success in the fall elections to use the resolution of these challenges to commence the healing of those bruised feelings and the coming-back together of the factions. For that reason, the Committee suggested that the local participants involved always try to reach a mutual accommodation amongst themselves before forcing the Committee to rule on certain challenges. The Committee appreciates and commends those challengers and respondents in many senate districts that did so. The Committee has recommended approval of those agreements.

The Committee stated that they decided in some instances not to require full compliance with the rules, attempting "to balance" opposing sides and hopefully create ways for participants to work together in the future:

In other instances, the Committee has recommended resolution of challenges that balance the competing interests of not discouraging participation by those new to the process and insisting on full compliance with rules. In these instances, the Committee chose not apply the harshest relief available for these violations. These decisions are not made lightly and do not reflect in any regard a derogation of the good faith and hard effort of those bringing those challenges, often in the face of powerful interests or community pressures not to do so. The balanced resolutions are recommended not only because the available data is sometimes insufficient to tie a particular remedy to the appropriate person or the remedy may harm the potential participation in the state convention of those not involved in the violation of the rules; but also because the Committee feels these resolutions are appropriate to encourage those involved to look beyond their arguments for or against the particular challenge to see how they can begin working in harmony again for our common purpose in the fall.

Judge sides with Texas Democratic Party in flap over delegates

Dallas Morning News - Associated Press - Thursday, May 22, 2008
AUSTIN – A federal judge sided with the Texas Democratic Party on Thursday in a lawsuit filed by Latino voter advocates who claimed the party's method for apportioning presidential delegates is discriminatory.

U.S. District Judge Fred Biery in San Antonio ruled that the spirit and intent of the federal Voting Rights Act, which protects minority voters, was not violated, as the League of United Latin American Citizens and other plaintiffs alleged.

Biery dismissed the case. He ruled that the Voting Rights Act does not dictate to political parties how to decide on their presidential nominees as long as everyone has the right to participate.

The Latino voter advocates claimed the complicated Texas delegate system – which included a March 4 primary and caucus and senate district caucuses March 29 – unfairly dilutes Latino votes by allotting fewer presidential delegates to heavily Hispanic areas.

Nearly all the delegates are apportioned based on Democratic voter turnout numbers in state senate districts in previous elections. This year, that meant that some predominantly Hispanic districts, where turnout was low in 2004 and 2006, got fewer delegates than others, particularly urban, predominantly black districts where Democratic turnout was higher.

Latino districts favored Sen. Hillary Rodham Clinton in this spring's primary and caucuses; black districts favored Sen. Barack Obama.

Democratic leaders contend their state delegate system is fair and that it rewards those areas that strongly support the party.

"We are pleased with Judge Biery's ruling, but it is important to remember that both the Texas Democratic Party and LULAC respect the importance of the Voting Rights Act and encourage participation by Texans from all walks of life in the electoral process," Texas Democratic Party chairman Boyd Richie said.

Jose Garza, an attorney for the Latino voter advocates, said it's likely the plaintiffs will appeal the opinion to the 5th U.S. Circuit Court of Appeals in New Orleans, though a final decision hasn't been made.

He said there may be an appeal because of the important issues at stake in the case and the "fairly devastating scope of the decision." Garza declined to say anything further until discussing it with his clients.

The plaintiffs were not contesting to whom the delegates were awarded, but rather how the allotment is made.

The judge wrote that the plaintiffs never alleged that Latino voters were "intimidated, threatened or otherwise kept from voting." He said if they had gone to the polls in greater numbers in previous elections they would have benefited.

"The adage remains 'no vote, no voice,"' he wrote.

The case was filed earlier this month. Both sides were pushing for a ruling before the party's state convention in Austin on June 6-7, where the final decision on caucus delegates to the national convention for Clinton and Obama will be made.

Texas will send 228 delegates to the national convention. Of those, 126 were determined by primary results, while 67 others are pledged delegates distributed through a series of caucuses, culminating with the upcoming state convention. There are 32 superdelegates who can make their own decision on which candidate to support, and three others will be named by the state party chairman.

Democratic Party officials had noted that the general system for selecting Texas presidential delegates has been in place for 20 years.

Biery agreed, and said the reason it got such notice this year was because of the close presidential race. The judge also mentioned his own background as a Democrat and the fact that he was appointed by former President Bill Clinton in the 1990s.

He wrote: "Notes of full disclosure: Senator Clinton's husband nominated me to the federal bench, and I hope to shoot baskets some day with Senator Obama."
Read more in the Dallas Morning News

Texas Demos file 150 county convention challenges

By Ramon Bracamontes - El Paso Times - 5/15/2008

The challenge filed by El Pasoans supporting Sen. Barack Obama's presidential nomination that questions whether the county Democratic Party properly seated its delegates is one of about 150 challenges pending in Texas, officials said Wednesday.

Hector Nieto, spokesman for the Texas Democratic Party, said most of the challenges come from the state's major cities and all allege that rules were not followed at the county conventions.

"We received 50 challenges from Tarrant County alone," Nieto said. "Every one will be considered and resolved right before the convention starts."

El Paso's challenge to the way delegates were seated was filed in April, a week after the county convention, by El Paso lawyer Don Williams. He is alleging that local democrats appointed too many delegates to Sen. Hillary Rodham Clinton to the state convention. The challenge is asking that 37 Clinton-supporting delegates be changed to Obama.

If the change is not made, then El Paso should not be allowed to participate at the state convention, the challenge states.

Williams said he expected his challenge to be upheld, thus giving Obama 37 more El Paso delegates.
"If we have to change delegates right before, we are ready," Williams said. "We will have enough Obama delegates in Austin."

Democratic precinct chairwoman and state delegate Rita Sariñana said she was not worried about being able to participate in the state convention.

"I was elected from my precinct, by my neighbors," she said. "My seat is not in question."

The makeup of the state's delegates remains controversial because neither Clinton nor Obama has secured the 2,025 delegates needed to win the party's presidential nomination, and Texas still has 67 delegates to allocate. How those 67 delegates get split will be decided at the state convention.

The state convention will begin June 6.

Ramon Bracamontes may be reached at rbracamontes@elpasotimes.com; 546-6142.

Read more in the El Paso Times

District convention results challenged

By AMAN BATHEJA - Fort Worth Star Telegram - April 15, 2008
Local Hillary Clinton supporters have filed more than 35 written challenges to the results of the Senate district conventions that chose presidential delegates March 29.

The challenges question the legitimacy of some delegates who were elected during muddled Senate district conventions statewide. The deadline for filing challenges was Monday.

The state convention, scheduled for June 5-7, is the final step of the Texas Democratic Party's complicated caucus process, in which 67 of the state's 193 pledged delegates are doled out. The remaining 126 pledged delegates were elected based on the March 4 primary vote: Clinton won 65, Obama 61.

The Clinton campaign has acknowledged that she likely gained fewer delegates than Barack Obama at the Senate district conventions but has not conceded a majority of the state's overall delegates, who also include 35 superdelegates.

Obama appeared to gain more delegates at all three district conventions in Tarrant County.

Most of the challenges allege that proper parliamentary procedure was not followed or that some delegates were improperly elected.

Clinton supporter Jason Smith of Fort Worth filed several challenges. He said that problems at the district conventions, as well as at the precinct conventions on the night of the primary, disenfranchised too many voters to be accepted as valid.

"Any process that allows some people to vote twice while denying that same opportunity to the disabled and to those who work nights is a constitutionally invalid system," Smith said. "Any constitutional law professor like Barack Obama could tell you that."

Faith Chatham of Arlington sat on the credentials committee for the Senate District 9 convention in Arlington, which was assigned to verify delegates' eligibility. She said there were so many violations of state party rules that the results shouldn't count.

"We should throw out the delegates and go with the primary vote," said Chatham, a Clinton supporter who filed several challenges.

State Rep. Lon Burnam, D-Fort Worth, an Obama supporter, said the Clinton challenges amount to grasping at straws.

"They're beginning to come off like poor losers," Burnam said.

Hector Nieto, spokesman for the state party, said Monday that the party had received more than 50 challenges from both sides but could not give a precise estimate.

A credentials committee will resolve the challenges before the state convention, he said.
Read more in the Fort Worth Star Telegram