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A nasty little (potential) loophole in CD3

by: Joe Bodell

Tue Mar 18, 2008 at 19:11:55 PM CDT


An eagle-eyed activist in the Third congressional district clued me into this section of the CD3 DFL Constitution:

In the event of vacancy, and in the absence of any direction to the contrary by the Third CD Convention, the Central Committee may endorse a candidate for Congress between the Third CD Convention and the next General Election. Such endorsement must otherwise conform to the rules governing endorsement by the convention, and can only be granted by affirmative vote of 60% of the Central Committee members present and voting. Such endorsement may only be made at a Central Committee meeting properly called with notice as required by Article VI, Section 3, including official notice of intent to endorse.

For the parliamentary laymen, among whom I count myself, this looks like it means the following:

If the CD3 convention does not provide an endorsement or an explicit no-endorsement vote, the Central Committee, a much smaller group of activists, may endorse in its place, providing a roundabout route to endorsement without actually winning one.

This scenario applies to Terri Bonoff, who is unlikely to be able to flip enough committed Madia delegates to win the endorsement at the April 12th convention.  And it should be said that I have not heard any reports, official or otherwise, indicating that such a strategy is in play for the Bonoff campaign.  If it were, however, here's how it would work:

1.  Bonoff delegates show up to the CD3 convention, are credentialed, and seated.  A quorum number is established.
2.  Without voting, the Bonoff delegates get up and leave en masse.
3.  When voting commences, Team Bonoff hopes and prays that the number of remaining delegates does not meet quorum.  Without quorum, the vote does not hold sway, and the convention is broken, leaving no guidance on the endorsement and activating the scenario detailed above.

This would be the worst possible scenario for this campaign, and would likely drive the race right into Erik Paulsen's hands.

Again, let me emphasize that I have received exactly zero reports of this strategy being targeted for use in this endorsement race.  But there's a strong parallel here to the presidential race -- there's a route to the endorsement/nomination for the candidate in question, but that route would provide a pyrrhic victory, stealing defeat from the jaws of victory.
It's interesting, but consider this post a warning for DFLers looking toward April 12th.

There are enough delegates on both sides of the DFL endorsement fight that know a speedy, clean endorsement is the first step on the path to victory in this race.  Without it, the DFL remains divided for months, allowing Erik Paulsen to build a moderate theme instead of getting pegged as the extreme conservative he is.

April 12th or bust, Democrats.  

Joe Bodell :: A nasty little (potential) loophole in CD3
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No Endorsement Doesn't Trigger this (0.00 / 0)
By my reading of this... if the convention does actually vote for no endorsement, that would not allow the CD3 central committee to endorse, only an adjournment without any decision would allow for this to happen.

I will say as to the history of this piece that it has come in handy in the third district before. For the last few terms,the district has struggled to find candidates, and at times has had to endorse after the convention because a candidate did not come forward beforehand, but I think the CD3 committee will be honest and trustworthy enough to not go against a convention decision, even if that decision is no endorsement.  


That's correct (0.00 / 0)
a vote for no endorsement would not trigger this -- the only way to do so would be to get quorum and then remove it before a vote.  As I said, the chances are slim if they exist at all, but it's worth emphasizing that we need a cleanly endorsed candidate on April 12th.

[ Parent ]
Loophole Won't Happen (0.00 / 0)
For this to happen, the 44-46 elected delegates on the Bonoff side would need to agree to manipulate the rules and leave as opposed to voting as they were elected to do.  That's a hard sell to those delegates who made a choice but would be satisfied with either candidate.  The "super" delegates live, and many run for election, in the 3rd CD and they are not going to risk the ire of the majority of their constituencies who support Madia by gaming the system.  Remember the 80 plus Madia elected delegates are representing groups of 30 or more other Democrats and that's a lot of Democrats to anger when it comes to finding workers and voters for the MN legislature and other elections. The loophole makes sense if there is no candidate at the time of the convention, but no one could seriously advocate using a technicality because the people might not vote the way you want them to. It's not going to happen because we're not Republicans; we make decisions from the grass roots up not the top down.  


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