The official tally is in from Florida's 13th congressional district, which Rep. Katherine Harris vacated to mount a self-imploding campaign for the United States Senate. Self-funding Republican Vern Buchanan has won by a slim 373-vote victory over Democrat Christine Jennings, with an astonishing 18,000 undervotes in Sarasota County, in which Jennings performed significantly better than the district as a whole.
Jennings, and the Democrats in general, have a number of options at this juncture. As Marc Caputo reports for The Miami Herald, Jennings is suing in state court to either name her as the rightful winner or to declare the election null-and-void, thus mandating a re-vote. The second possibility certainly has precedent; as georgia10 noted yesterday over at Daily Kos, a revote was madated by the courts following a Miami mayoral election with similarly murky results. Another option, according to Roll Call's John McArdle and Matthew Murray (subscription required), is for the House of Representatives, under Democratic control, to declare Jennings the winner and seat her. TPM's Eric Kleefeld has the details.
Vern Buchanan might have been certified as the winner in this race, but it's far from over. Democratic candidate Christine Jennings is already contesting the results, citing reports of malfunctioning voting machines, and if Jennings refuses to concede and shows enough evidence of malfunctions, the race could be decided...in the House itself.A new article in Roll Call spells it out (paid subscription): Election watchers around the country think that the race could end up before a House committee -- the House Administration Committee, which oversees Federal elections. If so, the full House, which in the end is responsible for seating new members, could potentially vote on which of the two candidates to seat, thus deciding the race's outcome itself -- or could call for a new recount, or even declare the seat vacant and mandate a new election. Right now, of course, the House is still GOP-controlled, but by the time of this vote it could be in the hands of Dems -- meaning Jennings could conceivably pull off a win after all.
I am all for Jennings and the Democratic Party to make a robust effort to ensure that the will of those who went to the polls on election day (and seemed to rather clearly back Jennings) is heeded. To that end, I've thrown $50 dollars to Jennings' recount fund and recommend you do the same.
That said, it would be a fairly striking sign of hubris for one of the first acts of the new Democratic majority in the United States House to, on its own, overturn the decision of Florida election officials. Florida-13 in 2006 might replace Florida-President in 2000 as the symbol of improper federal intervention in local or statewide elections in the minds of many voters.
Jennings probably should be named the winner in district 13, or at least be given the opportunity to make her case in a fair and well-administered election. And for now, it would behoove both Jennings and the Democrats to let the process run its course and put faith in the judiciary to make the right decision.
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