Wednesday, May 28, 2008

DNC Lawyer's Memo

The DNC staff analysis argues that the Rules and Bylaws Committee was fully within its rights to strip all 368 delegates from the two states when they scheduled primaries in January. Party rules said their nominating contests could be no earlier than Feb. 5. Michigan voted on Jan. 15, Florida on Jan. 29.

The Democratic Party rules committee has the authority to seat some delegates from Michigan and Florida but not fully restore the two states as Hillary Rodham Clinton wants, according to party lawyers.

Democratic National Committee rules require that the two states lose at least half of their convention delegates for holding elections too early, the party's legal experts wrote in a 38-page memo.

The analysis also said there is an option to restore 100 percent of the delegates by a recommendation of the Credentials Committee that meets later this summer. However, that would mean a final decision would not be made until the first day of the convention in Denver since Credentials Committee decisions have to be approved by the full convention as it convenes — risking a floor fight.

Michael H. Drucker
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