Are at-large worksite caucuses fair?

The recent lawsuit against Nevada's at-large worksite caucuses has caused quite a bit of debate and discussion.  In this diary, I intend to look in depth at the issue, linking to relevant documents and pointing to both the benefits and disadvantages of the worksite caucus system.  Follow below the fold for more.

First, a disclaimer.  I support Hillary Clinton for president.  Now, onto the issue at hand.

I believe that the caucus system is, at root, unfair and problematic.  Before addressing the particular impact of the workplace caucus rule, it's necessary to lay out some general problems with caucuses.

General Problems with Caucuses

1. Caucuses do not allow everybody to vote,  Many people are excluded due to workplace duties, childcare duties, being out of town, religious reasons, etc.

2. Caucuses tend to violate the one person one vote principal.  Due to allocation of delegates, some people's votes end up counting more than others.

3. Caucuses do not allow secret voting.  They thus can create situation in which people feel intimidated against voting for who they really want.

4. Caucuses tend to be more dominated by activists than primaries.  Therefore, they can lead to selection of candidates who are not very electable in general elections.

5. The rules of caucuses are often so opaque and complex that they can make the whole electoral seem rigged.

What then is Nevada's worksite caucus rule, and how does it potentially affect these 5 points?

Nevada's Worksite Caucus Rule

The details of the plan are out in the 65-page document explaining the Nevada caucus rules. Basically, the rules establish special at-large precincts at any worksite that has 4,000 or more shift workers.  There are nine of these worksites, all major hotels on the Las Vegas Strip.  Workers at those sites, or at any other worksite within 2.5 miles of each site, will be able to vote if they show an employee idea and sign a declaration indicating that work obligations kept them from attending their home precinct caucus.

The complicated part comes in assigning delegates.  In Nevada, the number of delegates per residential precinct is based on how many registered Democrats there are in the county and precinct.  At the at-large precincts, an entirely different formula will be used, based on how many people show up at the caucus.

How these differential rules will effect the selection of delegates is hard to predict, since it depends in large part on how many people turn up to vote at the special precincts.  However, under a worst case scenario (or best case scenario, depending on how you look at it), a vote at the at-large precinct could carry 10 times as much weight as a vote at a neighboring precinct.  For example, if there are 400 registered Democrats at a local Las Vegas precinct, and all 400 of them show up to caucus, they would receive 8 delegates (one per 50 voters).  However, if 400 people show up at an at-large precinct, they will receive 80 delegate, a tenfold difference.

The Basis of the Lawsuit

The lawsuit was launched by the Nevada State Education Association (NSEA), an affiliate of the National Educational Association (NEA).  Neigher the NSEA nor the NEA have endorsed for president (the other teacher's union, the AFT, has endorsed Clinton).  Some leaders of the NSEA are personally supportive of Clinton, and at least one person involved in the suit is personally supportive of Edwards.

The 13-page lawsuit is available online.  It asserts violation of equal protection, based on the disproportionality mentioned above.  It also claims that the rules violate several aspects of the state constitution, including those that govern when precincts can be formed and what laws regulate their formation.

I have no idea if the lawsuit has much legal basis.  On the one hand, I understand that political parties have a lot of leeway to organize their candidate selection process however they wish.  On the other hand, to a layman, some of the points in the lawsuit seem valid once reading it.

Do the At-Large Caucuses Address the 5 Problems with Caucuses?

What then is the overall effect of the at-large workplace caucus system in relationship to the five problems with caucuses addressed above?  I would argue that the at-large workplace caucuses partly address the first problem while exacerbating the remaining four.

As to the first problem, the at-large precincts do make caucusing more accessible to people who work in the Vegas strip.  However, they do nt make caucusing more accessible to people who work elsewhere, people who have to take care of their children, people who have disabilities, people who are traveling out of state, or people who can't vote on a Saturday due to religious reasons.

As to the second problem, the at-large precincts can exacerbate the violations of one-person one-vote, as seen in the issue of disproportionality discussed above.

They can also exacerbate the potential of intimidation.  If your fellow workers, union members, shop steward, and maybe union boss are all standing in the same room with you as you caucus, the pressure to follow their lead could be enormous.

They also lead to even greater influence among activists, in this case labor activists.  In general, I favor stronger labor participation in our system.  However, I think that should occur in a primary system, where labor is forced to exercise its muscle among the general electorate.  If labor is viewed as selecting candidates through disproportionate influence over a caucus system, with separate rules for people at  its own worksites, that does not look favorable to the Democratic party.

Finally, with differential systems for assigning delegates at residential and workplace caucuses, the entire system becomes even more opaque and complex, rather than a clear, simple one person one vote system.

Conclusion

There is a big advantage to the workplace caucus system--it extends the right to caucus to a considerable number of workers who would not be able to caucus.  However, it extends that right unevenly and fails to address the needs of many others who cannot caucus.  It also creates a very complex, opaque system which potentially can lead to wildly disproportionate differences in how different people's votes are counted, and leave many people in a situation of intimidation as to how they might vote.

Having said all this, I won't take a particular stand as to whether the workplace caucus rule is a good one or not.  In my opinion, the entire caucus system stinks, and the only solution is to get rid of caucuses and replace them with secret-ballot primaries.



Display:


Interesting point about pressure (2.00 / 2)

And also just following your co workers lead.

A few years back a fairly large office bldg. near my home got evacuated when some said they smelled an odor and a couple of people said they felt sick.

Next thing you know there are three buses in front of the place and they evac like 120 people to the hospital.  No one was sick, a couple people said they had headaches.

The tv crews were outside the hospital interviewing folks as they came out and one interview comes to mind.  A lady was asked did she smell anything, get sick, etc.  She said no she didn't smell anything wasn't sick.  Asked why she was at the hospital.  She said someone came around and told us to all go down and get on the bus.

So I could see a problem in a caucus situtation.   Joe, Mary, go employees cafeteria, and stand under the (fill in your candidate name) sign.  


by dpANDREWS on Sun Jan 13, 2008 at 07:27:05 PM EST

Re: Interesting point about pressure (none / 0)

Today's example of people believing things under pressure is Hillary-bots believing that caucuses are bad.  One person comes up with this preposterous idea, despite the fact that caucuses have been running in Iowa since a long time.  Soon, all Hillary-bots are running around saying "the sky is falling the sky is falling we must go tell Her Inevitabilityness!"

Yes, foolinh ideas do spread like wildfire, don't they?


by dataguy on Sun Jan 13, 2008 at 10:09:26 PM EST
[ Parent ]

Re: Interesting point about pressure (none / 0)

Pretty funny to see a guy who goes on and on about recounts defend caucuses, where a recount isn't even possible. Speaks to integrity, I would say.

Caucuses are inferior to primaries. The only reason Iowa is permitted to hold a contest before NH (the first in the nation primary) is because it does not have a primary and therefore it's contest doesn't really "count" (DNC delegates aren't actually selected until later, at the district convention). This solution was also proposed to Florida, that they host a caucus instead of a primary and actually select delegates later at a party convention, to avoid sanction. Florida DP decided not to for various reasons (expense, complexity in a large state, etc.).

So no, opposition to caucuses is not new, and caucuses are problematic for the reasons brought up in this suit, among others. Nice try though.


by souvarine on Sun Jan 13, 2008 at 11:37:32 PM EST
[ Parent ]

Gosh and golly, you sure are right (none / 0)

but what's your point?

Who cares NOW when the caucus is next week?  Why the long long long long long silence when it could have done some good?

Sour grapes whining, that's what it is.


by dataguy on Mon Jan 14, 2008 at 07:13:01 AM EST
[ Parent ]

An Iowa official on POTUS '08 (none / 0)

Gave a run down of the history of caucuses.  

They were indeed started long ago to make sure that outsiders could not hijack the party, and so that party leaders had more influence then just their one vote.

Caucuses have of course evolved.  With indies and Repubs able to register the same day it is clear that outsiders can influence the outcome.

However, what is still clear is that if you are at work, out of state, in the military overseas, etc., you still have no say.


by dpANDREWS on Mon Jan 14, 2008 at 08:57:39 AM EST
[ Parent ]

Re: Are at-large worksite caucuses fair? (2.00 / 2)

All caucuses are unfair and undemocratic.

They are the old style ward boss arm twisting re-incarnated.


I didn't believe in god before the primaries and I still don't.
by NewHampster on Sun Jan 13, 2008 at 07:31:28 PM EST

Agreed. (2.00 / 1)

Caucuses ARE inherently unfair and undemocratic. Unlike primaries, they don't give everyone (only those that can show up at one given time) a chance to vote. Secondly, the vote is NOT secret and IS subject to "peer presure". And finally, they do not follow the "one person, one vote" rule. That's why we should get rid of all this arcane caucus system.


Want to defend marriage equality in Maine? Ask me how!
by atdleft on Sun Jan 13, 2008 at 08:14:14 PM EST
[ Parent ]

It depends (none / 0)

If Hillary received the Culinary Union endorsement, then they would be eminently fair as we don't want to disenfranchise service workers - many of whom happen to be women and minorities.

Now that Obama received the endorsement, the HRC campaign has no comment regarding the lawsuit, and frankly it seems a bit unfair that only these service workers can take advantage of such "at large" sites.


by highgrade on Sun Jan 13, 2008 at 08:24:21 PM EST

What a hysterical diary (none / 0)

This is the most ludicrous and idiotic diary today.  The caucuses have been scheduled for months, if not years.  Now that Hillary got her butt kicked in Iowa, the flaws in caucuses, never visible before, have been revealed.

THE HORROR!! THE HORROR!!

HER INEVITABILITYNESS MIGHT BE VULNERABLE.

REALITY TREMBLES AND TOTTERS AT THE EDGES.

You Hillary-bots are simply a bunch of spoiled brats who don't like to lose.  If Her Inevitabilityness had won Iowa, you would all be trying to get caucuses in all states tomorrow.


by dataguy on Sun Jan 13, 2008 at 10:01:29 PM EST

Re: What a hysterical diary (none / 0)

I have been criticizing caucuses for many years.  As for this workplace caucus system, I first learned about it when it came into the news the last couple of days.


by markjay on Mon Jan 14, 2008 at 08:35:15 AM EST
[ Parent ]

although you make some valid points (none / 0)

This lawsuit should have been filed months ago. The fact that it was filed this past week suggests that it is politically motivated and not intended to protect voters' rights in any way.


Join the Iowa progressive community at Bleeding Heartland.
by desmoinesdem on Mon Jan 14, 2008 at 12:11:19 AM EST

Re: although you make some valid points (none / 0)

People pick and choose their battles all the time.  As a lot of people have noted, the Culinary Union is a powerful player in Nevada, and nobody wants to take them on until and unless it's necessary.  If, for example, the Iowa and New Hampshire primaries had more or less settled the race, it wouldn't have been necessary to have a big fight with Culinary about this for this election cycle.  And yes, if Culinary had made no endorsement, it might have been less necessary as well, because (as discussed in the diary), worker intimidation is a potential problem with this setup.  Pressure to vote for a certain candidate is much more likely after the main union in the worksites has taken a strong stand. I have no problem with people launching a suit at the time they felt it was necessary.  The suit should be judged on its merits, not on its timing.


by markjay on Mon Jan 14, 2008 at 08:32:46 AM EST
[ Parent ]

Sorry, you are wrong (none / 0)

" The suit should be judged on its merits, not on its timing."

The suit is timed to disrupt the caucuses for a strictly partisan basis.  It is simply obviously partisan, and thus questioning the timing is very important.  Clinton has known about the arrangements for months and months, and is filing now.  The timing is the ENTIRE deal here.  Merit has nothing to do with things, since a suit filed as this one is can be ENTIRELY frivolous, and still be hugely disruptive due to motions, stays, etc.


by dataguy on Mon Jan 14, 2008 at 10:23:52 AM EST
[ Parent ]

Re: Are at-large worksite caucuses fair? (none / 0)

Caucuses are ridiculous.

But we knew that decades ago.


Slash and burn politics baby! Say anything do anything lie cheat steal railroad the opposition into submission: CLINTON FORMULA FOR 2008.
by crackityjones on Mon Jan 14, 2008 at 01:34:54 AM EST

The responses by Hillary-bots (none / 0)

are particularly hysterically funny.  When She Who Must Be Elected is threatened, that's serious, I guess.


by dataguy on Mon Jan 14, 2008 at 07:14:44 AM EST
[ Parent ]


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