House Dems Can Seat Jennings, But Should They?

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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Re: House Dems Can Seat Jennings, But Should They? (none / 0)

I agree about not seating Jennings (as much as I want a Democrat who shares my last name).  For one thing, that opens a very big can of worms that may be used against us at a different point.  

Second, we've taken a beating in the news lately.  All we need is the image of overturning an election, no matter how suspicious.


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by TheUnknown285 on Mon Nov 20, 2006 at 07:56:40 PM EST

Re: House Dems Can Seat Jennings, But Should They? (3.00 / 1)

Not very unknown with the comment above "as much as I want a Democrat who shares my last name" :-)


by The Professor on Mon Nov 20, 2006 at 10:08:54 PM EST
[ Parent ]

Re: House Dems Can Seat Jennings, But Should They? (3.00 / 2)

House Democrats should absolutely NOT seat Jennings.

However, if there is sufficient evidence that there were voting machine malfunctions and that these malfunctions clearly hurt Jennings, they should declare the seat empty and call for a new vote.

Hopefully, the courts will do this first and Congress will not need to get involved.


by wayward on Mon Nov 20, 2006 at 07:57:01 PM EST

Re: House Dems Can Seat Jennings, But Should They? (3.00 / 1)

I agree with wayward.  If the courts won't order a re-vote, then the House should.


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by Calvin Jones and the 13th Apostle on Mon Nov 20, 2006 at 10:34:52 PM EST
[ Parent ]

Need fact findings (none / 0)

To justify overturning a certified election, there ought to be some detailed fact-findings.  Courts, rather than the House, are probably the best place for these.  The evidence needs to be weighed carefully to see if there's enough to justify a finding that a new election should be called (whatever that would be under state law).  The mere undervote, while extremely circumstantial evidence, may not be enough, and testimony from voters that the machine did not record their preference, testimony from experts about how the machines worked, examination of the source code used (which has been sought in discovery), and so on, ought to be considered.  

This stuff can best happen in court, and not in the House.  Let's hope it does.


by David in NY on Tue Nov 21, 2006 at 10:04:06 AM EST
[ Parent ]

Re: House Dems Can Seat Jennings, But Should They? (none / 0)

They've done it in the past, seating Frank McClosky in Indiana's "Bloody 8th" back in the 1984, even though McClosky's Republican opponent was the certified winner.

From Wikipedia.org:
In the 1984 election, Rep. McCloskey faced conservative state senator Rick McIntyre. Buoyed by President Reagan's strong coattails, McIntyre trailed McCloskey by only 72 votes after the initial vote count. A tabulation error, however, resulted in an overcounting of McCloskey votes and the Republican Indiana Secretary of State certified McIntyre as the winner by 34 votes, ignoring other recounted tallies that actually showed McCloskey was in the lead. The Democratic-controlled House refused to seat either McIntyre or McCloskey and conducted their own recount. In the end, the House seated McCloskey after declaring him the winner by just four votes (116,645 to 116,641). The vote was largely along partisan lines and in response every Republican House member marched out of the chamber in protest.

In fact, Newt Gingrich came to fame during that Republican walkout.


The sharpest criticism often goes hand in hand with the deepest idealism and love of country. ~RFK
by Vox Populi on Mon Nov 20, 2006 at 08:10:59 PM EST

that was a big mistake (none / 0)

That radicalized the GOP members of the House, even many of the "moderates," and helped catapult Gingrich to prominence.

Yes to a re-vote, no to seating the candidate who was behind according to the official count.


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by desmoinesdem on Tue Nov 21, 2006 at 12:04:38 AM EST
[ Parent ]

Hold Hearings if.... (3.00 / 0)

the conventional process fails to reveal the source and nature of the problem.  The House, in considering whether or not to seat Jennings, could hold hearings and explore what went wrong with the voting machines.  If no definite malfunction or intentional voting abuse is established, then I agree that she should not be seated.  This is too important an opportunity to waste.  Congress needs to use this situation as an opportunity to make clear to the public the dangers of using electronic voting devices without paper backup.


by Arthurkc on Mon Nov 20, 2006 at 08:25:09 PM EST

And explore ostensible reasons for vote undercount (none / 0)

Supporters of the certified results generally say, "It was a harsh race and voters decided to avoid it."

I would hope that House hearings would provide an excellent forum for debunking that convenient theory by noting how improbable the results were.

Secondly, I would hope that the hearings provide a forum to review the dirty tricks that made voters hostile to the race: The GOP's "Late Night Attack Phone Calls"

In the last three weeks of the election, the NRCC spent $58,326.78 on robo calls against Jennings, according to FEC reports. At five to fifteen cents a call, the NRCC bought itself between 388,000 and 1.17 million calls in the district. Approximately 250,000 people voted in the 13th on Tuesday.

Cite: http://www.tpmmuckraker.com/archives/001 974.php

I think a recount is the only fair thing to do where "fair" = fair to the voters of that Congressional District.  House hearings could go a long way to persuade public opinion that fairness is needed.


by sawgrass727 on Mon Nov 20, 2006 at 11:08:22 PM EST
[ Parent ]

Re: House Dems Can Seat Jennings, But Should They? (none / 0)

They should declare the seat vacant and ask for a new election.  That is the only fair way.


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by jgkojak on Mon Nov 20, 2006 at 08:25:24 PM EST

Re: House Dems Can Seat Jennings, But Should They? (none / 0)

Exactly, seat neither.


by Bob Brigham on Mon Nov 20, 2006 at 09:20:12 PM EST
[ Parent ]

Re: House Dems Can Seat Jennings, But Should They? (none / 0)

Yes. It marks the Democrats as more interested in fair votes than raw power, and it highlights the importance of reliable & verifiable voting machines. A lot of people who were watching in 1984 thought that seating McCloskey was the last straw that eventually broke the Democratic congress 10 years later. Don't repeat an arrogant mistake like that. Re-doing the vote is a hassle but not that big a deal, it's worth it in the long run.


by billybob on Mon Nov 20, 2006 at 09:36:21 PM EST
[ Parent ]

Re: House Dems Can Seat Jennings, But Should They? (none / 0)

I agree. Hold another election. That should be the establsihed procedure for any election where there are suspected irregularities.

That's what Gore should have done in 2000. Florda should have had to hold another election.


by Hempy on Mon Nov 20, 2006 at 10:19:14 PM EST
[ Parent ]

Re: House Dems Can Seat Jennings, But Should They? (3.00 / 1)

No, he should have simply requested a full, statewide recount rather than cherry-pick the counties he thought he would get votes from.

A new election would have been an even greater disaster.


The sharpest criticism often goes hand in hand with the deepest idealism and love of country. ~RFK
by Vox Populi on Mon Nov 20, 2006 at 11:05:54 PM EST
[ Parent ]

Gore's Hobson's Choice (none / 0)

Asking for recounts in the 4 counties where he specifically knew of irregularities = cherry-picking

Asking for statewide recount = expensive fishing expedition

The Pubbies were gonna give him shit, either way he chose to contest.  That's just how they are.

In this case, though, I'd recommend that the House call for a revote - in Sarasota County alone.

It's the county which had the irregularities.  Nobody's claiming that the residents of the other counties missed their chance to vote.  This was strictly a Sarasota problem.


by RT on Tue Nov 21, 2006 at 12:19:58 PM EST
[ Parent ]

Re: House Dems Can Seat Jennings, But Should They? (3.00 / 1)

Do it and fuck the republicans. We owe them nothing, no consideration. Absolutely NONE.


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by Stoic on Mon Nov 20, 2006 at 08:32:17 PM EST

Why are we Dems such wimps? (3.00 / 1)

Did the voters intend to elect Jennings?  Of course they did.  There is simply no question as a simple matter of statistics.

But are Dems going to play hardball and seat her?  Of course not.  Not because doing so would be an unfair result or overturn the real results of the election.  No, we're not going to do that because that might look bad and we would get yelled at.


by snaktime on Mon Nov 20, 2006 at 08:48:20 PM EST

Re: Why are we Dems such wimps? (none / 0)

I don't think it's wimpy at all.  It's fully possible, though not probable, that the voters who undervoted either intentionally undervoted or simply didn't operate the machine correctly.  Either way we don't know for sure.  All we know is that the votes that counted show the Republican winning.

I would be far more supportive of the Dems refusing to seat either candidate, thus necessitating a new election, rather than seat the person who is trailing by several hundred votes.

Could you imagine if Republicans tried that shit?  We would be up in arms.  It's not about offending or coming off as weak, in the end we would fire up their base like none other.


The sharpest criticism often goes hand in hand with the deepest idealism and love of country. ~RFK
by Vox Populi on Mon Nov 20, 2006 at 09:04:16 PM EST
[ Parent ]

Re: Why are we Dems such wimps? (none / 0)

There is simply no way that 13% of the electorate chose not to vote in that election.  It's just not statistically possible.  There is no explanation or evidence to back it up.

And, we can say with near statistical certainty that  more of the voters wanted to vote for Jennings but either machines malfunctioned or they couldn't find the vote.

Compare that to the GOP during 2000.  They did whatever it took to win, including dubiously allowing late military voters and fighting every hanging chad.  Just as here, there was no way to deny that those voters in Palm Beach meant to vote for Gore, but so what?  They do what it takes to win.  We don't.

I guess that's why I'm a Dem - respect for process and all. But I mean really, it pisses me off.


by snaktime on Mon Nov 20, 2006 at 11:33:46 PM EST
[ Parent ]

Re: Why are we Dems such wimps? (none / 0)

I don't believe it is wimpy to institute a legal, fair, and impartial system. In fact I believe that takes true strength. I would agree with you that the democrats have been wimpy in not standing up for the truth when they have lost, take this remarkably similar case in reverse from San Diego, http://www.scoop.co.nz/stories/HL0608/S0 0338.htm.

I don't want the democrats to impose their version of the truth on the people of Florida any more than I thought it was right from the Cons to do it, in 2000, 2002, 2004, or now.

I would like to demonstrate the true difference between the Dems and the cons, which is that we not only speak of truth, liberty, and american dreams. But we understand them enough to define them, describe them, and aspire to them.

Here we will demonstrate them, I will also contribute the recount fund.

http://iamnotsosure.blogspot.com/


by cjkinsey on Tue Nov 21, 2006 at 10:00:39 AM EST
[ Parent ]

Re: House Dems Can Seat Jennings, But Should They? (none / 0)

With the old-fashioned mechanical lever machines, you could skew the result for each machine by inserting a piece of chewing gum, or even just a paper match head, in the gears. But you couldn't coordinate this type of operation, and your opponents could do the same to you at another location. Now it's done with tens of millions of lines of computer code, and a large-scale hack can be coordinated. So we should expect to see a vast upsurge of 'razor-thin' margins. A 'paper trail' will not help, for all kinds of tricky technical reasons. The only answer is to use hand-marked ballots. Cheating can still happen, but not in such intricate ways. At least people in long lines will never be told that they have to wait for technicians to come out to repair blue screened computers.

In this situation, the voters, who already went to the trouble of getting out to the voting stations, are clearly owed a chance to go back and do this the right way. With computer voting, this will become commonplace.


by blues on Mon Nov 20, 2006 at 09:21:40 PM EST

A Teachable Moment, Dude! (none / 0)

Much as I would like to just seat Jennings, stick out my tounge, and be done with it--the media has already branded Pelosi the devil incarnate, what more can they do?--there's something much more valuable to be done here: hold hearings in which the whole sorry mess is held up to the light of day.

And, yes, of course, drag every single Florida official they can lay their hands on through the mud of their own making.

Under oath.

Rule of law!  What a concept!


by Paul Rosenberg on Mon Nov 20, 2006 at 10:18:26 PM EST

Are you kidding me? (3.00 / 1)

This is the same damn thing as 2000.

In 2000 More people in florida showed up to vote for Gore than for Bush. Bush stole it, look what happend.

In this race what I am gathering is that there was about an 8% difference Jennings over Buchanan in this county. Even if we just say that there were 10K undervotes, not 18K That is still 800 VOTES. More people showed up to vote for Jennings, and the Republicans are going to steal this again. The HOUSE should seat Jennings, after all, she won... Though, I guess as we are seeing, in FL that doesnt seem to matter.

This is certainly not as important as the 2000 election, but it is a theft just the same.


by benjamink on Mon Nov 20, 2006 at 11:05:02 PM EST

Re: House Dems Can Seat Jennings, But Should They? (none / 0)

The following assumes that Florida's courts do not order relief. The proceedings pending there should get first dibs.

Seat neither at least at first, hold hearings to determine what happened, and then decide... though absent provable fraud or proof that machines failed to register actual votes or failed to offer the race to vote on, I would then seat the Republican.

What is most important here isn't who represents FL-13. Rather, it's fixing the problem to the extent possible for the future. This is a unique opportunity to highlight the issues which need to be solved for totally non-partisan reasons. The need to fix can and must have priority over who is seated, and that can be done if the thing is not handled as a power grab and the solution is given priority over the immediate result.


by dougbroda on Tue Nov 21, 2006 at 12:54:57 AM EST

Re: House Dems Can Seat Jennings, But Should They? (none / 0)

I agree 100%. We have no right to seat Jennings until she actually wins this. Sure there was chicanery here, but that's why this is going to court. It would be unethical for us to just DECIDE Jennings won because there was fraud.

Not that Pelosi would even consider it. I'm sure she is planning to wait till there is an actual winner here.


by raginillinoian on Tue Nov 21, 2006 at 01:03:31 AM EST

Re: House Dems Can Seat Jennings, But Should They? (none / 0)

The voting machines are still available. Can not a verification of what happened be recreated by casting the same votes as recorded, including the "missing" congressional vote and having observers record exactly what shows up as each vote is cast? If this is possible, would it not demonstrate that a large proportion of the electorate did not have the opportunity to vote in that race?


by susie on Tue Nov 21, 2006 at 01:31:33 AM EST

Re: House Dems Can Seat Jennings, But Should They? (none / 0)

Seat the woman. She won in the same f*cked up district that let to Harris' boobs getting elected anyways. As for ANY reason to look "fair" may I point out The Shrub's new bipartisan renomination of Bolton's Mustache to the UN? Or the appointment of the wingnut in charge of repro $$ at Health and Human Services?

A leopard can't change his spots and a Rethuglican only knows to Win At Any Cost. Democracy be damned.


by Himself on Tue Nov 21, 2006 at 02:08:27 AM EST

Re: House Dems Can Seat Jennings, But Should They? (none / 0)

We must be good democrats and assure fair elections.  Frankly, I beleive in democracy and that is why I am a Democrat.  This is a golden opportunity to investigate the election and the vulnerablities of electronic voting.   While anyone can understand election fraud, electronic voting is a new twist and it has been largely ignored by the media.  We now have a platform for the new congress address electronic voting and its vulnerablities in a real and thoughtful manner.  The media will now cover it because an election is in the balance.  So, refuse to seat anyone until congress investigates.  Let the (computer) chips fall where they may.  If there is evidence of fraud, tampering and/or there can't be a recount because of the machines, then there must be a revote.  But, there must be public open hearings, and we must be clear that the goal is to respect the will of the people and that election fraud cannot be tolerated.  Such hearing are then the starting point for legislative action to address election reform.


by stevie on Tue Nov 21, 2006 at 08:39:12 AM EST

Undervotes (none / 0)

The Republicans in this district have chalked the high number of undervotes to the nastiness of the race.  I can see their point that SOME people are in fact turned off and don't vote, but can anyone give a comparison of the number of undervotes in other competitive races?


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by TheUnknown285 on Tue Nov 21, 2006 at 10:56:28 AM EST

Re: Undervotes (none / 0)

That comparison, as I see it, is irrelevant. What's more convincing in my mind is that this massive undervote occurred only in Sarasota County. Not in Manatee, not in Desoto, not in Hardee or Charlotte counties. Just Sarasota - which is also the only county in the district to use touch-screen electronic voting machines. What a coincidence, huh?

For Kathy Dent's idiotic suggestion to be true - that voters skipped the race because it was so nasty - how does she explain that the non-Sarasota County areas of FL-13 had much lower undervote rates (my own county, Manatee, had about a 2% undervote)? We all get the same media. We all see the same commercials, read the same papers, listen to the same radio stations. We were all exposed equally to that nasty race, regardless of which county we live in.

Given that, can Dent or anyone else explain why Sarasota County voters are apparently so much more prone to fainting spells over dirty campaigning than the rest of us in FL-13?

Of course she can't. But the alternative is to admit that her precious little machines (and she has been a huge proponent of these things) just don't fucking work. And she'll never do that. Not in a million years.


by uncle fister on Tue Nov 21, 2006 at 12:14:05 PM EST
[ Parent ]

nt (none / 0)

Just because the Reps would have seated their candidate regardless of the vote and just because they were the most arrogant government in history, doesn't mean we should be.

I agree with the original voter: if a proper recound is necessary, do it, then seat the person who won.  Let's please not turn into a liberal version of the Reps.  We should not only have better ideas for America, but we should govern more responsibly.  If we do, we will be in power for years and win many more elections the good old fashioned way.


by alhill on Tue Nov 21, 2006 at 02:31:02 PM EST


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