Obama Lawyer Questions Wisdom of Michigan Revote

By Shailagh Murray
FAYETTEVILLE, N.C. -- Sen. Barack Obama's campaign has raised questions about a possible June 3 revote in Michigan, although the Democratic National Committee seems fine with the idea.

"We have recently been asked whether the legislation as proposed by Michigan would fit within the framework of the National Party's Delegate Selection Rules," DNC officials said in a statement. "Our review of this legislation indicates that it would, in fact, fit within the framework of the Rules."

But Obama lawyer Robert F. Bauer raised several potential problems in a campaign memo released this morning, noting that the primary would be "unprecedented in conception and proposed structure," as no other states has ever "re-run an election in circumstances like these."

Like Florida, Michigan violated Democratic Party rules by moving up its primary date to the early weeks of the nominating process. The candidates declined to campaign in both states, and in Michigan, Obama went even further by removing his name from the ballot.

Searching for ways to close the delegate and popular-vote gap with Obama, Sen. Hillary Rodham Clinton has actively sought revotes in both Michigan and Florida, although Sunshine State Democrats already have concluded that a second primary is unworkable. The Obama campaign has long held the position that it would abide by whatever party leaders decide -- although it would prefer a solution that seats Michigan and Florida delegates at the Democratic National Convention without requiring voters to return to the polls.

Michigan state leaders are now awaiting Obama's okay. Clinton is campaigning in Michigan today, seeking to pressure her rival to make a move.

But Bauer raised a series of legal concerns, including:

Voter Disqualification: Voters who participated in the Republican primary in January could not vote in the June election under the current proposal, including Democrats and independents.

Voter Protections: The new primary would be subject to pre-clearance under the federal Voting Rights Act, and Bauer noted the Justice Department may not be able to conduct a timely review. He also questioned whether military ballots could be distributed and collected in time.

Private Financing: Michigan's plan to raise private funding to pay for the new primary may or may not be legal under federal election law, Bauer argued, raising possible liability issues for both candidates.

The Clinton campaign refuted each of Bauer's points in its own lengthy memo, asserting, "We must either honor the original vote or hold a state-run primary that doesn't leave the taxpayers footing the bill."

Posted at 11:45 AM ET on Mar 19, 2008
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Comments



Idaartruc,
What do you think of the fact that even though Obama ran an "uncommitted" campaign in Michigan, the uncommitted vote, which in theory represented Obama and Edwards combined, is still LESS than 50%?
It doesn't matter if Hillary only gets 55% of the delegates. It doesn't matter that it won't be enough for her to catch up to anything. What matters is fairness. I'm surprised the Obama team hasn't understood that.

Posted by: Real Change | May 12, 2008 5:28 PM | Report abuse

People, Hillary got 55% of the vote when she was the only one on the ballot! The most she can get is 55% of the delegates. Since she has stated the Obama people voted "uncommitted" he should get those votes. In any case Hillary will still not get enough to be ahead of Obama. Stop fighting! Stop listening to Hillary's selfserving BS. She wants the dems to lose in 2008 so she can run in 2012.This fighting will only help her achieve her quest for power.
We do not need more war! Here or in Iraq!

Posted by: Idaartruc | March 19, 2008 11:12 PM | Report abuse

So... no re-vote. It's just a way for HRC to try to steal the thing. The delegates should be seated at the convention so they can vote for platform issues... but no votes in the nomination. The FL and MI party hacks made that call and should be the ones to take the heat from the voting public... not the candidates.

Posted by: LyndaWInNewOrleans | March 19, 2008 10:10 PM | Report abuse

Shame on the Democrats for not supporting Obama's speech whole-heartedly. If not for this dirty dog fight of a nomination race, this would be one of the hugest developments in this party EVER. Heck, if the Clintons want to keep their Civil Rights street cred... they should be applauding this speech!!!

The endless non-sense we had to apologize for over and over again during the Clinton years progressed the party nowhere. It was all about the Clintons' petty to mind-blowing illegalities and never about anything of greater meaning to the nation. Now that we can actually have a substantive dialog about a massively important issue to this party and this country... now that we have a candidate willing to address this and other issues like an adult without nauseating spin, the Democrats are folding like the little wimpy characters they've proven themselves to be for so many years now. It makes me sick. We should be supporting this man and this campaign. But no. Too many are still making arguments for the same old Clintons and leaving Obama to hang alone.

Bad form Democrats. Same old same old. The little cronies in the party machine will keep their petty powers and we can kiss not only the White House good-bye, but the House and the Senate while we're at it. The Republicans must be popping corks on bottles all across the land.

Posted by: LyndaWInNewOrleans | March 19, 2008 10:04 PM | Report abuse

The vote this time around would not be fair. The votes have been tainted by Hillary's constant campaigning for the votes. In addition, people who might have voted Democratic but voted Republican because Dem didn't count can't vote now (that could work in Obama's favor, given the Repubs are voting for Hillary now).

I wish Mi and FL votes could count. People are quoting two choices: accept the current vote, or have a new one.

A third solution is really the most fair. Given that there is no way to have a fair election at this point, just divide the delegates equally.

Posted by: MattDC | March 19, 2008 9:58 PM | Report abuse

I completely disagree with a privately funded election. Look at the precedent it sets. An election is held, people don't like the results, so they finance their own new election?

No, this should be publically funded by the Michigan government that broke the rules in the first place.

Posted by: MattDC | March 19, 2008 9:45 PM | Report abuse

Not sure if I can post this, but here's a great example of some of Hilary's scheming - she was better at it than her husband. Now she wants to use it again - forget it Hilary - you thought you had Texas and the same will happen with Michigan and Florida. Even though a lot of white people won't admit it they are tired of all the .... too.

www.washingtonpost.com/wp-srv/politics/special/whitewater/whitewater

Some of us remember Whitewater.

Posted by: caddycts | March 19, 2008 7:22 PM | Report abuse

The primaries are over and done with in those states. They did it wrong and don't have the bucks to do it again. Move on and quit your whimpering about could have been. Sheesh!

Posted by: tgolamb | March 19, 2008 6:53 PM | Report abuse


Both Florida & Michigan can VOTE. They can ALL use their "vote" to elect STATE governments who do NOT disenfranchise them by breaking the rules.

In reading these comments, I am absolutely amazed at the creative cherry picking of facts or information which goes on.

The re-vote in MI., should be just that -
a re-vote of the ORIGINAL election.

Since this re-vote is being pushed for political gain by one candidate; then, the playing field should be as it was before.

Otherwise, the only VOTING that both the Dems in MI and Fla. should be doing is to VOTE OUT their State gov'ts who disenfranchised them.

The State gov'ts. broke the rules after numerous warnings, let's put the 'blame' where it lays - not on the candidates.

Posted by: DariMD | March 19, 2008 3:05 PM | Report abuse

Friends, don't let Friends,

Vote Dimocrat! ;~)

Posted by: rat-the | March 19, 2008 2:21 PM | Report abuse

Obama should just accuse Florida and Michigan of being racist. Then he can be the uniter.

Posted by: hhkeller | March 19, 2008 2:18 PM | Report abuse

Why is there need for a re-vote? all sides agreed to the rules and decision at the time.

Now it does not serve the self interest of one of the candidates, so shouts for a re-vote are made and even legal threats if they do not get there own way.

Yes like Florida, the Michigan voters now need to ensure that the position is corrected, but for the next election!

Posted by: jaybs1 | March 19, 2008 2:12 PM | Report abuse

The saddest thing to watch is the Dems tear themselves a part over Fla & MI. The solution is to seat the delegates as they were apportioned in the 2 January primaries ... and that will happen at the convention. Otherwise, those 2 states are for sure Red states in November. That Sen. Obama took his name off the ballot in MI shows poor judgement and inexperience on his part. What would it have cost him to do the same as Sen. Clinton? Bet he would do it differently now. As a military commander, I learned to prepare for the unexpected and in Vietnam, several times I was glad I had! As a CEO I applied the same principles in my several businesses. Sen. Obama's poor judgement, poor planning, poor advice and inexperience should not penalize Sen. Clinton. The uncommitted MI delegates can go to the convention ... uncommitted. The non-Clinton & non-Obama delegates in FLA can be reapportioned according to the percentage of vote split in the vote for Sen. Clinton and Sen. Obama. Does she gain in the pledged delegate count? Of course ... and so she should. She was smarter than Sen. Obama and SHOULD have that reward.

Why make this so hard?

Posted by: wendell | March 19, 2008 2:11 PM | Report abuse

Hillary is either more brilliant than I thought or she is omnipotent. I haven't figured out yet how she got Rev. Wright to make those inflamatory statements in different sermons and at different times, some of them before the election began. But everybody seems to know she's behind it. WOW, Hillary.

Posted by: peggy_smith_phd | March 19, 2008 1:30 PM | Report abuse

Obama is looking very republican by keeping Michigans votes or a revote from counting.
He lost all the big primaries and would probably lose a Michigans revote.
Its so Bush frving yourself on the electorate that the majority thinks your not ready for.

Posted by: hhkeller | March 19, 2008 1:29 PM | Report abuse

Posted by: JakeD | March 19, 2008 1:27 PM | Report abuse

wotsales-That might have changed. I do not listen to "What a" Rush, so I do not know for sure what he is saying-Or CARE.

But I suspect now, we will prefer to trounce the Racist!

Truth be known, I am getting a real kick, out of just watching the fight go on!

It is not going to wind up a Brokered Convention.

LMFAO-It is going to be a BROKEN Convention! :-D

Posted by: rat-the | March 19, 2008 1:26 PM | Report abuse

No matter what Obama say or do, in the eyes of some it will never be good enough. These are the same people who failed to understand racism; therefore we can not get beyond the problem. The only different today; instead of wearing the white hoods, there are were suits. WAKE UP PEOPLE. I agree, if he wanted to play dirty politics, he would had exposed the Clintons for what they are. Hilary sent a non-verbal message to women; turn the other cheek no matter what your husband does. Or is this marriage based on POLICTICS

Posted by: hlharrismusic | March 19, 2008 1:22 PM | Report abuse

Right wing radio, notably Rush Limbaugh, has been telling conservative listeners to crossover and vote for Hillary in the primaries, thinking that she will be easier for McCain to defeat than Obama. This is already proven in Ohio by exit polling from the Primary there.

Now, there is talk of a June Democratic primary re-vote in Michigan, and the Republicans in the Legislature are going along with the idea. Wonder why the Republicans are so helpfull...

Who do you think will win? I'll bet there will be a huge turnout for Hillary, especially in West Michigan. All those Republicans are going to vote again, this time for Hillary.

This stupid Michigan Primary fiasco has cost the Democrats the White House.

This country can't survive another eight years...and Bush will go into Iran before he leaves, just as Bush Sr. sent our Marines into Somalia December 9, 1992, after he had lost the election to Bill Clinton. Bush Sr. told us that the troops to be home by Clinton's inauguration in January. Right. What will Bush Jr. tell us?

Posted by: wotsales | March 19, 2008 1:18 PM | Report abuse

IIRC Hillary Clinton was saying the delegates should be seated BEFORE the vote too. If re-vote cannot be agreed upon, then the choice should be clear: count the votes that were cast.

P.S. I would say the same thing if the roles were reversed, as I would not vote for Hillary DIANE Clinton in a million years.

Posted by: JakeD | March 19, 2008 1:18 PM | Report abuse

Its funny how all those people crying voter disenfranchisement now did not speak up for Michigan and Florida when Hillary's head of the DNC, McAuliffe took their delegates away a year and a half ago. Or when Hillary said that they don't count just five months ago.

Posted by: n2itiveus | March 19, 2008 1:15 PM | Report abuse

LOL! The Dims are going to end up so sick of their loser choices, it will be Big Gay Al Gore coming in to take over!

"Al Gore! SAVE US FROM OURSELVES!" ;~)

Posted by: rat-the | March 19, 2008 1:11 PM | Report abuse

I am sick and tired of the negative and nasty campaigning going on in the democratic party...well, ½ of the candidates anyway. I have been a long standing supporter of HRC, but I've had more than enough. I have a new found respect for Obama. It would be easy for him to attack the Clintons based on their previous history as a cheating husband and a wife who taught women to turn the other cheek and play door mat. But instead Obama has consistently taken the high road and focused on trying to bring unity to a severely divided country. If he didn't have to focus on the negativity of the Clinton campaign, he'd have more time to focus on the issues facing our great, well use to be great, nation.

Posted by: mzginao | March 19, 2008 1:05 PM | Report abuse

They broke the rules. All the candidates supported the penalty and now that Hillary needs the votes, she wants them counted?? You can be sure that if the roles were reversed and Obama was asking for a recount the Clintons would be screaming about how unfair it is to change the rules after the game is played, blah, blah!! Don't count 'em!

Posted by: thebobbob | March 19, 2008 1:01 PM | Report abuse

There is no way a re-vote would be fair. First of all, the GOP voters will obviously vote for who they think McCain can beat this November. On the flip side, if you only let Reg. Dem. vote, then there's the independent votes that won't count. This is the year that many independents will sway left and will be decisive in this election. So since the GOP candidate is assumed, it can't be a fair re-vote. I'm from Michigan and I really think this state really F'd up on this one. It should have been left along and our vote would have meant even more!

Posted by: mjboks | March 19, 2008 1:01 PM | Report abuse

Votes in Michigan and Florida should be counted. Obama is conniving when he says that people's voices should be heard when it is to convience, How come he don't want to have revote? Is he afraid he will lose? His Honesty, transparency and change is just words, does not manifest in actions. He cannot change Illinois corruption but wants to change Washington. He coddles corrupt characters like Rezko and DIVISIVE AND REPUNGENT PREACHER WRIGHT. HOW CAN WE EVER BELIEVE WHAT HE STANDS FOR?

Posted by: utworcurious | March 19, 2008 12:58 PM | Report abuse

They should ask President McCain if he thinks it matters!?

Then, the GOP should revote for the VP!

Oops, nevermind, it is already obvious Mitt Romney would WIN! ;~)

Bet all that support could help in November! ;~)

Posted by: rat-the | March 19, 2008 12:56 PM | Report abuse

Obama is trying to disenfranchise voters?

Imagine that!

Ironic isn't it?

I guess Obama didn't mean a word he said yesterday in his "big" speech. What a joke.

Obama exposed himself as a fraud and liar yesterday in his "big" speech.

Case in point. All weekend long Obama was all over the airwaves claiming he had NEVER heard his "pastor" Wright saying offensive comments in his "church". Yesterday, Obama admitted that he had. Oh. Apparently, someone produced another videotape of Obama sitting in the pew during particulary hateful Wright diatribe in July.

Obama's character and judgment are called into question when yesterday he defiantly refused to completely disassociate himself from his "pastor" "mentor" "close friend, like family to him" Jeremiah Wright, an avowed racist, anti-white, anti-semitic, anti-American, pro-Louis Farakaan black supremecy Nation of Islam supporter who believes the U.S Govt created the AIDS virus to kill black people.

WHY does Obama call THIS man his "mentor"? YIKES! THIS is "hope"? THIS is "inspiration"? THIS is "finding the better angels within ourselves"? What a fraud! The Obamabots better wake up!

WHY does Obama subject himself and his two young children to THIS man and his hateful anti-white, anti-American diatribes? (Obama and his two children are part white)

Obama is UNELECTABLE.

GAME OVER. Hillary won.

New poll numbers out today demonstrate that.

Posted by: TAH1 | March 19, 2008 12:48 PM | Report abuse

Yeah JakeD...brilliant deduction {SARCASM!}. The only major candidate whose name was on the ballot was Hillary, not Obama, not Edwards, no one except Kucinich and Gravel.

The Obama campaign has been open to the idea of a seating delegates at the convention and also re-doing primaries if they are fair and legal. If Hillary is so keen on having a re-vote in Michigan, she should donate $12 million dollars from her campaign to pay for it, since she is main one pushing for another primary in Michigan.

JakeD...you sound like a Hillary-supporter. Why don't you push your candidate Hillary and other supporters to stop fundraising for Hillary for TV and radio ads and to fundraise for a Michigan primary do-over. Please, please do.

Posted by: ajtiger92 | March 19, 2008 12:36 PM | Report abuse

I just wonder who is behind these attacks on Obama. If Republicans then it is understandable but if Clintons and their campaign strategists then it is shame. I am talking about these Rev. Jeremiah A. Wright Jr sermons playing around and around on Youtube. It was perfectly prepared attack. I am sure if Obama was just one who quit presidential campaign we would never ever heard the name of his pastor and speeches he did in 2007.
I am sure GOP and their supporters are laughing know to get such an easy ammunition against Obama for free. They don't need any against HRC because her scandals are known well enough.

Posted by: Jarda1 | March 19, 2008 12:29 PM | Report abuse

Why don't we just count the votes as originally cast?

Posted by: JakeD | March 19, 2008 12:19 PM | Report abuse

There should be no re-vote. Period. The state parties did not follow the rules. If they get a second chance to vote & seat their delegates just because this primary election is still as close as it is, what kind of example does that set for Democrats? We are saying that basically its okay to break the rules SOMETIMES. Its hypocritical and Hillary should stay in Pennsylvania and continue campaigning in a state that DID follow the rules. It is really too bad that the votes in these states didn't count. But that is not the fault of any candidate and the candidates should not be to blame if those voters feel as if they're disenfranchised. It is the fault of the state party officials made the call to move up the primary dates. They had no clue that their states would have made a big difference if they would have left things as they were. The DNC told them ahead of time, don't do it or there will be penalties. They did it anyway and now they need to accept the consequences.

And to Michelle....Obama took his name off of the ballot as did John Edwards. Hillary should have too but from what I remember reading, she conveniently missed the deadline to do so.

Posted by: yrba1977 | March 19, 2008 12:10 PM | Report abuse

I guess that means only the tiny percentage of voters who vote for him in caucuses ; )

Posted by: JakeD | March 19, 2008 12:06 PM | Report abuse

Of course, on one hand, Obama's lawyers are correct. However is it fair to have a nominee for president that is not based on 100% of the possible vote? (Constitution anyone?)

Hillary needs these votes, that is why Barack's lawyers are on about this;

Hillary vs. Barack:
Primary Analysis and More...

http://newsusa.myfeedportal.com/viewarticle.php?articleid=57

Posted by: davidmwe | March 19, 2008 12:04 PM | Report abuse

I could swear I remember obama saying-Let the voter decide. Did he mean only some of the voters?

Posted by: thejaner | March 19, 2008 12:04 PM | Report abuse

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