Author Archives: Michael Froomkin

Thoughts on Recounts in Virginia

Three blog posts to read if you like to think ahead:

Election law blog, Will the Senate be within the margin of litigation?.

Steven F. Huefner, Ohio State, Post-Election Disputes in Virginia’s US Senate Race

Spencer Overton, blackprof.com, Bush v. Gore II?: Virginia Election Irregularities and Recount Procedures

At present, all the news I’ve heard of dirty tactics, voter suppression, and malfunctioning ballot machines each worked against Webb. I haven’t heard of any counterbalancing facts that would support an Allen challenge — but there could be some; much may depend on what exactly happened in the last precincts outstanding, and with absentee and provisional ballots.

What the facts are matters, and until we know them it’s premature to blame Allen (or anyone else) for failing to concede.

That said, personally I would rate the chances of an Allen concession very very low whatever the facts turn out to be: graciousness is not his style. He has easy access to the money needed to fund a challenge, and he has nothing to lose — what other future has Allen got after this debacle? Plus, if the Virginia race really becomes the fulcrum on which the entire Senate is balanced, you can be sure that the national Republican party will pull out all the stops to win in the courts. Even if Allen wanted to concede, the White House would pressure him to fight on.

Update: Here’s an interesting, somewhat contrary, perspective via Talking Points Memo:

The Republicans have backed themselves into a corner in Virginia. If you’re going to go to the mat with dirty tricks and voter suppression, your counting on staying under the rader and that once the election is over, folks will move on. If Allen contests the results of the election it changes the election from a single day event into a 3 or 4 week event, plenty of time to chase down those callerid numbers and phone bank contractors. Virginia isn’t Ohio. It doesn’t have Ken Blackwell to cover up the GOP shenanigans, and the state has already requested the FBI to look into them. The Allen campaign is going to have to make the choice of whether contesting the results is worth the chance of exposing criminal activity. Let’s hope they choose to contest. It’s our best hope of fully exposing the shenanigans of the GOP to the light of day and getting the mechanisms in place to prevent their use in the next election cycle.

Posted in Law: Elections | Comments Off on Thoughts on Recounts in Virginia

Wow.

This really is a huge Democratic victory. As far as I can tell, not a single Democratic incumbent lost a governorship, or national legislative seat. Not. A. Single. One.

Democrats have a resounding victory in the House — gaining about 30 seats even before the dozen or so too-close-to-calls get called. And this in the face of the routine gerrymanders.

The Senate hangs by two threads, one in Virginia, one in Montana. I don’t pretend to grasp what on earth is going on in Montana, but if this is to be believed, there’s a decent chance Tester — one of the most attractive candidates this year — will pull through. Virginia, I suspect, is going to be litigated whatever happens. Even if the Democrats were to lose both contests, a four seat gain is a big victory. And the Democrats will control the Senate after 2008 unless something very odd happens in the Presidential election which contaminates the downballot.

Potentially even more important in the long term are two tectonic shifts signaled by this election.

The first is that the GOP is being reduced to a predominantly Southern party. Democrats have a lock on New England and I foresee greater gains in the West. That makes the mid-west the major battleground — and this election suggests that the mid-West may be reverting to its historically Democratic leanings.

The South is not as different from the rest of the country as it used to be — although it is more evangelical — so being Southern-dominated is not the albatross it once was. Nevertheless, regional dominance of any sort is not a recipe for national success. And evangelical dominance is not a national vote-winner in this Elmer Gantry moment.

The second shift is internal: the new model Democratic party is much more populist than it was last week. Just as the GOP has lost some of its nastiest and stupidest representatives (along, yes, with a few good ones) such as Tom DeLay (by resignation), “Count” Chocola, and Pombo, so too the Democrats elected to the House are by and large smart, insurgent, outsiders.

They are mostly anti-Iraq, (too?) suspicious of free trade, pro-consumer, and pro-health care. They tend libertarian on social issues, although the picture here is more mixed. They will help move the party caucus outside of the comfortable Beltway consensus which has threatened to dominate it. Many owe their elections to Howard Dean’s 50-state strategy which was overwhelmingly vindicated in this election. Others owe their funding to the ‘netroots’ — bloggers llike myDD, Firedoglake, and DailyKos. And they know it.

So when establishment Democrats like Rahm Emmanuel join forces with Republican commentators to explain how the Democratic vote was really quite conservative, take it for the spinning and wishful thinking that it is. Because while far from powerless, the establishment wing of the Democratic party just got significantly less relevant. And they know it too. They just don’t want us to know it.

Continue reading

Posted in Politics: US: 2006 Election | 1 Comment

The Democrats’ Stunning Win — What Does It Mean?

By any measure — except the inflated spin of Republican commentators who tried to move the goalposts — this is an historic victory for the Democratic party, even if they don't end up with a Senate majority. They have a real margin in the House, and picked up several governorships.

More importantly, the candidates elected to the House and Senate are by and large much smarter and more progressive than any entering class since 1994.

What does it mean? I think it means three things:

  • Voters gave Democrats a mandate for change and accountability. Or to put it more bluntly, the people decided that an intervention was needed for this administration.
  • The pocketbook is back as an issue: just talking about tax cuts is no longer a winning strategy. America looked in its wallet and purses, saw that the tax cuts weren’t there – and neither were any raises.
  • And, post-Katrina and Iraq, people are warming to the idea that incompetent government is a bad thing – and that good government might just be worth paying for.
Posted in Politics: US | 1 Comment

Recounts in Virginia

The Agonist is thinking ahead, and offers a short primmer, How do Recounts Work in Virginia?.

At of this writing 99.26% of the precincts are reporting in Virginia, and Webb has a minuscule lead. It’s likely that these numbers do not include provisional ballots (which one guesses will favor Webb).

This easily could be the Florida of 2006.

Update: The Post says,

The race may be decided by absentee ballots. More than 130,000 absentee ballots were requested in the state and those votes were still being counted early this morning.

Webb’s people claim to be confident that the absentee ballots will break their way. I’m unsure, myself.

Posted in Law: Elections | Comments Off on Recounts in Virginia

A Fun Fact

In 2008 there are 33 Senators up for election: 21 are Republicans, 12 are Democrats.

Dems:

Jack Reed (D-RI)
Max Baucus (D-MT)
Tom Harkin (D-IA)
Carl Levin (D-MI)
Tim Johnson (D-SD)
John Kerry (D-MA)
Mark Pryor (D-AR)
Richard Durbin (D-IL)
Mary Landrieu (D-LA)
Frank Lautenberg (D-NJ)
Joe Biden (D-DE)
John Rockefeller (D-WV)

Republicans:

Lamar Alexander (R-TN)
Wayne Allart (R-CO)
Saxby Chambliss (R-GA)
Thad Cochran (R-MS)
Norm Coleman (R-MN)
Susan Collins (R-ME)
John Cornyn (R-TX)
Larry Craid (R-ID)
Elizabeth Dole (R-NC)
Pete Domenici (R-NM)
Michael Enzi (R-WY)
Lindsey Graham (R-SC)
Chuck Hagel (R-NE)
James Inhofe (R-OK)
Mitch McConnell (R-KY)
Pat Roberts (R-KS)
Jeff Sessions (R-AL)
Gordon Smith (R-OR)
Ted Stevens (R-AK)
John Sunun (R-NH)
John Warner (R-VA)

Warner is going to retire, and be replaced by former governor Mark Warner (D-Va)

Stevens may be vulnerable. Dole should be. Who else?

Posted in Politics: US: 2008 Elections | 6 Comments

The Local S. Florida Angle

Democrats will control the House, with help from South Florida.

Republican Charlie Crist Christ won the state, but lost this region. It looks as if state turnout wasn’t all that high, which hurt Davis, as did Christ’s huge financial advantage, which allowed an incessant barrage of TV ads depicting Davis as pro-terrorist. [Update: I hear Crist ran 21,000 commercials — more than any other candidate in the nation.]

Democrat Alex Sink will be the first elected state CFO — and looks to have a great future in state politics.

Nelon beat Harris — without my vote. I didn’t want to vote for a supporter of the torture bill. And they both voted for it. So for the first time in my life, I voted for neither candidate in a contested election.

Ron Klein beat Clay Shaw in the much-watched Boca Raton congressional election. Mahoney narrowly beat “Mark Foley” (Joe Negron) in Palm Beach, but it was close.

Where I live, Democrat Dave Patlak was beaten by incumbent Republican Ileana Ros-Lehtinen by almost 2:1, pretty much tracking party registration in Florida’s 18th district. The Patlak campaign had a few tens of thousands of dollars; the incumbent had well over a million on hand before the campaign even began.

Broward voted down a mass transit tax by a 2:1 ratio.

But the local news is dominated by the shooting of a UM student, Bryan Pata, a football player with a possible NFL career, in the parking lot of his off-campus apartment building.

Posted in Florida | 2 Comments