Establishment – Law Street https://legacy.lawstreetmedia.com Law and Policy for Our Generation Wed, 13 Nov 2019 21:46:22 +0000 en-US hourly 1 https://wordpress.org/?v=4.9.8 100397344 That Was an Un-Super Tuesday: Can the GOP Stop Trump? https://legacy.lawstreetmedia.com/elections/that-was-an-un-super-tuesday-can-the-gop-stop-trump/ https://legacy.lawstreetmedia.com/elections/that-was-an-un-super-tuesday-can-the-gop-stop-trump/#respond Wed, 02 Mar 2016 20:40:03 +0000 http://lawstreetmedia.com/?p=50982

Well, this is depressing.

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Super Tuesday kind of sucked. Actually, I take that back, it really sucked. On the Republican side, America’s future Supreme Leader Donald Trump walked away with wins in seven states, and 234 new delegates, and many from both sides of the aisle are beginning to worry that his nomination has become all but inevitable.

I guess no one should be that surprised. After all, he’s been racking up big totals in the primary thus far–although in some cases his share of the actual vote has been a bit less than polling would indicate. But, he’s still had a pretty damn good run so far–all said and done about 1/3 of the Republicans who have casted their votes up until this point have voted for the Donald.

So, no one is quite sure what will happen next. It seems likely that Ted Cruz, who had an okay night and took home wins in his home state of Texas, as well as Oklahoma and Alaska, probably won’t drop out. And Marco Rubio, who has just begun to have some of the establishment coalesce behind him, won Minnesota last night, and doesn’t seem to be dropping either.

But, it still seems that many elites are desperate to stop Trump, and there’s a few different trains of thought emerging. One is that either Rubio or Cruz should drop out, allowing the party to unify around one anti-Trump force. For example former contender Lindsey Graham, who has somehow managed to be kind of the voice of reason at points during this totally-bonkers election cycle, pointed out that rallying around Cruz may be the only choice. Graham said on CBS:

I made a joke about Ted, but we may be in a position to have to rally around Ted Cruz as the only way to stop Donald Trump, and I’m not so sure that would work. I can’t believe I would say yes, but yes.

Then there’s another school of thought, which actually advocates that both Rubio and Cruz stay in the race and try to take as many votes away from Trump as possible. Cruz or Rubio supporters would have to choose a new candidate if either dropped, and surely some could pick Trump. So, keeping the votes closer to a three-way split may keep Trump from meeting the threshold he needs, and gives the GOP more wiggle room at the convention. As Slate’s Jim Newell explains the theory:

Rubio would not have defeated Trump in Texas, so it was useful for Cruz to stay in and take a majority of those delegates for himself. Rubio won’t be able to defeat Trump in Ohio, so Kasich can handle that task. A split field makes it impossible for one candidate to gain a majority over Trump. But it helps to stop Trump himself from getting a majority.

Newell does acknowledge that this theory probably won’t work, especially given that there are more winner-takes-all primaries post-Super Tuesday, but it doesn’t mean that it hasn’t been a serious consideration for the GOP.

So…Trump won Super Tuesday. Most people are horrified, and rightfully so. But as this future-trainwreck hurtles toward the convention, someone has to do something. Unfortunately, at this point, it’s easy to wonder if anyone can.

Anneliese Mahoney
Anneliese Mahoney is Managing Editor at Law Street and a Connecticut transplant to Washington D.C. She has a Bachelor’s degree in International Affairs from the George Washington University, and a passion for law, politics, and social issues. Contact Anneliese at amahoney@LawStreetMedia.com.

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Sore Loser: McDaniel Challenges Weird Mississippi Primary Laws https://legacy.lawstreetmedia.com/news/chris-mcdaniel-blame-mississippis-primary-system-concede/ https://legacy.lawstreetmedia.com/news/chris-mcdaniel-blame-mississippis-primary-system-concede/#respond Wed, 25 Jun 2014 16:40:17 +0000 http://lawstreetmedia.wpengine.com/?p=18739

Last night, in one of the most heated runoff elections in recent memory, Senator Thad Cochran narrowly defeated his Tea Party challenger, Chris McDaniel, by 6,600 votes. This was a come-from-behind victory for Cochran and practically guarantees him a seventh term that many experts never thought he would see.

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Update: August 5, 2014

Last night, in an incredibly heated runoff election, Mississippi Senator Thad Cochran narrowly defeated his Tea Party challenger, Chris McDaniel, by 6,600 votes. This was a come-from-behind victory for Cochran and practically guarantees him a seventh term that many never thought he would see. This is a win for Republican establishment figures, who are still reeling from the defeat of Eric Cantor just two weeks ago. Cochran’s victory will be finalized as soon as McDaniel decides to concede, but that could take a while given he is considering legal action.

In order to understand why a legal challenge may be fair here, it’s important to understand what exactly happened in the primary. McDaniel is upset because of the methods Cochran employed to win the race. Cochran knew he was trailing among the Republican voters, so he turned to Independents and Democrats for support. In Mississippi, that essentially meant appealing to the African American population. Cochran courted African American voters by playing up his credentials as a veteran senator who knows how to bring money into the state. At the same time, he showed them how he would be a better option overall than McDaniel. You can watch this video to see some African American voters explain their decision to support Cochran.

His strategy worked fantastically, with African American turnout up almost 40 percent in the 24 counties with an African American majority. So, the question now becomes, why does this increased African American turnout have McDaniel considering legal action?

Under Mississippi Law, any registered voter may vote in a primary election, but they must have the intention of voting for the winner of that primary in the general election. The law reads, “no person shall be eligible to participate in any primary election unless he intends to support the nominations made in the primary in which he participates.” Looking beyond the glaring naiveté of this law, it is easy to see McDaniel’s complaint. It is improbable that the African American voters who voted for Cochran would vote Republican in the general election.  In his “anti-concession” speech McDaniel declared, “today the conservative movement took a backseat to liberal Democrats in Mississippi.” Ray Nicholson, the founder of the Mississippi Tea Party, claimed, “this is such a perverting of a fair election system that we are outraged the secretary of State has not stepped in.”

McDaniel was concerned enough about the African American vote to have supporters watch the polls to make sure fraud did not ensue, which caused the NAACP to install their own poll watchers. Thankfully, this had little effect on voter turnout for the election, but the whole ordeal felt like a battle to keep African Americans from voting. Some McDaniel supporters have called Cochran’s move dirty politics, but McDaniel’s move to limit free voting is even dirtier.

Looking at Mississippi’s primary law, it is possible to see where McDaniel could present a legal challenge, but it is very hard to imagine any way in which he could win it. McDaniel would obviously claim that many of the African Americans who voted for Cochran would not vote for any Republican in the general election, meaning that they should not have been able to vote in the party’s primary. But this is a nearly impossible law to enforce without seriously infringing on a person’s right to vote. For one, the general election is four months away. It would be easy for a voter to say they do not know who they would support for that election or to just pretend they intend to vote for the winner. There is no plausible way to enforce this law on a mass scale. Therefore, McDaniel, if he insists on blaming someone for his loss, should blame the Mississippi primary system. And then he should stop being a sore loser and just concede.


Update: A week after his loss, McDaniel still has not conceded. He is currently fundraising for a legal challenge, asserting that Cochran stole the election. In his fundraising pitch, McDaniel wrote, “last week’s runoff election was a sham, plain and simple.” A representative for the Cochran campaign brushed off the legal challenge, saying this is most likely an effort to pay off campaign debts. The representative called McDaniel’s efforts “pure sore loserism.”

Update: It’s been well over a month, but Chris McDaniel has still not let his loss to Thad Cochran go. Yesterday, McDaniel announced that he will formally challenge the results of the runoff election. McDaniel is demanding that the Central Committee of the Mississippi GOP–a sort of governing body made up of 52 members–vote at a public hearing to declare him the winner. If this does not happen, he will consider a challenge in court. McDaniel is claiming that there were 15,000 ballots cast by ineligible voters, meaning voters who did not intend to vote for the winner of the Republican primary in the general election. Voting in a primary but not intending to vote for the winner of the primary in the general election is against the law in Mississippi. McDaniel lost by 7,667 votes, so if he those 15,000 votes are dismissed, he will win.

While it is easy to understand the logic of McDaniel’s anger, it is still misplaced anger. Most of these 15,000 “ineligible votes” were cast by Democrats who did not vote in the Democratic primary. So while these Democratic voters might have no plans to vote for Thad Cochran, there is no way to prove it. In fact, many voters from both political parties may not vote in the general election, including McDaniel supporters, because Thad Cochran is going to win easily. So unless McDaniel can also prove every single person who voted for him will vote for Cochran in the general election, I suggest he focus his efforts on election reform. He should have a lot of time to do so, because its highly unlikely he is going to be a United State’s Senator.

Matt DeWilde (@matt_dewilde25) is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

Featured image courtesy of [Joe Shlabotnik via Flickr]

Matt DeWilde
Matt DeWilde is a member of the American University class of 2016 majoring in politics and considering going to law school. He loves writing about politics, reading, watching Netflix, and long walks on the beach. Contact Matt at staff@LawStreetMedia.com.

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