Mr. President, parliamentary inquiry: I wish to speak as in morning business. Mr. President, I ask unanimous consent to speak as in morning business. Mr. President, I have come to the Senate floor…
Mr. President, parliamentary inquiry: I wish to speak as in morning business.
Mr. President, I ask unanimous consent to speak as in morning business.
Mr. President, I have come to the Senate floor today to inform colleagues of both parties that there is a monumental legal issue that has arisen between the Democratic National Committee and the voters of the State of Florida, specifically the 4\1/4\ million registered Democrats. The Democratic National Committee, the DNC, has exacted punishment upon Florida Democrats because the State legislature of Florida moved its Presidential primary from March to January 29. Both parties said they would bring about retribution on any one State, other than four privileged States--the Nevada caucus, the Iowa caucus, the New Hampshire primary, and the South Carolina primary--if any other State moved ahead of February 5, earlier than February 5.
The Florida Legislature, in its wisdom last spring--last May, May of this year--decided to make the move to January 29. This is a legislature that is two-thirds Republican. That legislation, setting the date of January 29, was signed into law by Governor Crist, who himself is a Republican.
In the course of deliberation of the legislation, the Democratic leader in the State senate offered an amendment to move the primary later, from January 29, 2008, to February 5, thus to comply with the request and rules of the DNC. That amendment was voted down.
Thus, a duly called election, pursuant to State law, is, in fact, going to be conducted by the machinery of the government of the State of Florida and paid for by the government of the State of Florida-- estimated to the tune of some $18 million of taxpayer money--in order to have this Presidential primary. Because Florida law set the date of January 29, municipalities have now moved all of their elections to concur with January 29. Indeed, also on the ballot is expected to
be a major constitutional amendment for the voters to decide upon having to do with a different subject matter, a matter of great import to the people of Florida, and that is the amount of their real estate taxes. In other words, it is expected to be a big turnout on January 29. That is Florida law.
But the DNC took great umbrage at the State of Florida and said: Under the rules we are going to penalize you by taking away one-half of your delegates. Concurrently, the Republican National Committee likewise took away one-half of the delegates at the quadrennial nominating conventions to be held later this year. Then the DNC decided it was going to exact additional punishment and took the punitive measure of taking away all of Florida's delegates.
But that is not all. The DNC then further decided that it would penalize Florida further by prohibiting the Presidential candidates from coming into the State and campaigning. Campaigning was defined under the rules of the DNC as talking with voters, having any kind of communication, hiring staff, opening an office, having any kind of advertising, whether in print or electronically, or holding press conferences; in other words, to muzzle the Presidential candidates so they could not go into the State of Florida--with one huge exception: that they could go into the State of Florida to raise money. They couldn't campaign, couldn't talk to ordinary voters, but they could come in to raise money.
The net effect is the only way a Florida Democrat could have interaction with a Presidential candidate one on one is to have to pay for that participation.
This was further enhanced by the four States that I mentioned that want to go first--the Iowa caucus, the Nevada caucus, the New Hampshire primary, and the South Carolina primary--those four States exacting a pledge in writing from the Presidential candidates who said they would not have any campaigning in a State that moved its primary earlier than February 5--except those four States.
This is a little sensitive for us in Florida, naturally, as I have just come from the State Democratic Convention where not any of the major Presidential candidates have appeared. But, of course, they come and go from time to time into Florida to raise money. Of course, what a contrast that is, since the only penalty by the Republican National Committee was to take away half of Florida's Republican delegates. They did not stop their candidates from coming in. Indeed, 1 week ago--a significant contrast with the State Republican Convention--all of the Presidential candidates were there, and indeed they ended up, the State Republican Convention, with a televised debate of all the Republican Presidential candidates.
This should concern not only Floridians, and it should concern not only Democrats, it ought to concern all voters because it is the principle of one person, one vote. That is a principle that has long been established in law and established by the Supreme Court of the United States. In order to enforce that principle, I, along with others, including the chairman of our Florida Democratic delegation, Congressman Alcee Hastings, have filed a federal lawsuit in Federal District Court against the political party bosses in Washington. Our lawsuit is about the right of every American to have access to the ballot box and to have their ballot counted and to have their ballot counted as intended.
In this lawsuit we are fighting for every person who takes time to stand in line in the rain or in the cold, at the local church or the precinct house, to vote and to come outside from that precinct house feeling as if they did their part in this grand American process.
Those of us who filed this lawsuit believe there is no reason that can excuse the denial of this fundamental right to vote. Certainly, as we see by this fracas that has erupted by members of the DNC saying: Go on and have your Presidential primary vote, Florida, on January 29, but just make it a beauty contest because it is not going to count--it certainly points to the fact that this Presidential primary system is broken, and it desperately needs to be reformed. But the answer is not to deny people the right to vote and to have that vote count.
For 2008, there is an easy, short-term fix. This Senator suggested this fix last summer to Howard Dean in writing, in person, and over the telephone; that is, if you had the States that want to go early to move up a little early, then everyone has the same order, and the law of Florida is complied with since there is nothing we can do about it. It is the law. The election in the Presidential primary process is going to be January 29 in Florida.
No one would pay any attention to that easy, short-term fix, but that is in effect what is happening right now because, as of yesterday, Iowa Democrats joined Iowa Republicans and moved the Presidential caucus up to January 3. It is expected that the New Hampshire secretary of State--who has sole authority to set the date of New Hampshire's primary election--will move the date of the primary in New Hampshire to something within a week of Iowa's January 3 caucus. What was suggested as a compromise last summer, without all of this punishment that has been levied, in effect is starting to happen.
For the long term we can fashion a solution that takes into account the larger States as well as the small States. Let all of them have a fair say in a system rotating regional primaries, similar to the ones Senator Levin and I have introduced in the Senate. But in the process of exacting this punishment on Florida, it is equally troubling that the average citizen in Florida can no longer see their candidates for President because, as I explained, the party bosses have barred them from campaigning in Florida--except for the private fundraisers.
This is unacceptable. Paying for political participation is unacceptable, and in a bygone era--one that we do not want to return to--that was called a poll tax.
Just recently we saw a measure of Florida voters overwhelmingly agree, regardless of their party affiliation, that they do not think this is right. A just-released Quinnipiac Poll says by a margin of 62 to 16 Florida voters--that is, Republicans, Independents, and Democrats--believe it is wrong to strip us of the delegates to the nominating convention. That same poll also shows the delegate ban may be hurting our own Presidential candidates.
In this latest Quinnipiac Poll, it has been basically neck and neck between Presidential candidate Giuliani and Presidential candidate Clinton. As Clinton was in the lead, now Giuliani has suddenly gone into the lead. Very significantly, in that same Quinnipiac Poll of independent voters, 22 percent of those independent voters said they are less likely to consider voting for the Democrat for President in the general election because of the DNC's shenanigans.
Mr. Chairman, Howard Dean, I hope you are listening to our plea. If you are not going to listen on the merits of the case, that polling data is certainly why, Mr. Chairman Dean, you should lift the ban because you are giving an additional opportunity, an advantage to the Republicans in the general election in the State of Florida.
I have today formulated a motion for summary judgment to be offered in the next couple of days in the Federal District Court where the lawsuit has been filed. Today is the last day upon which the defendant, Chairman Howard Dean, and the defendants, the members of the Democratic National Committee, have to answer the lawsuit. Upon the basis of their answer, it is my intention and the intention of the other plaintiffs to this lawsuit of filing a motion for summary judgment that sets out the legal and constitutional arguments of why the judge should, in fact, stop this travesty of taking away votes from more than 4.25 million registered Democratic voters in the State of Florida.
It does not have to be this way. If, in fact, the DNC recognizes that all these other States are moving forward to earlier dates, then the sequence is preserved for those who wanted to be first. Whether that is justified, their sequence is preserved, and we can go on about getting our eye focused on the November 2008 election, instead of going through all of this rhubarb that is now engulfing the election apparatus.
It is my hope that now the other States are jumping to an earlier date, the DNC will see the wisdom of putting
this all behind us, of joining together as the family we are, stop the family squabbles, unite, and then start focusing later on the 2008 November election.
Madam President, I yield the floor and suggest the absence of a quorum.
The PRESIDING OFFICER (Mrs. McCaskill.) The clerk will call the roll.