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More Scrutiny For An Organization Called Americans Elect

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On July 25, I explained that the Republi-Cratic Corporatist Party was being threatened by a new, Internet-based effort to nominate a presidential ticket, which would be placed on the 2012 ballot in all fifty states.  Last summer, that organization – Americans Elect – described itself in the following terms:

Americans Elect is the first-ever open nominating process.  We’re using the Internet to give every single voter – Democrat, Republican or independent – the power to nominate a presidential ticket in 2012.  The people will choose the issues. The people will choose the candidates.  And in a secure, online convention next June, the people will make history by putting their choice on the ballot in every state.

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We have no ties to any political group – left, right, or center.  We don’t promote any issues, ideology or candidates.  None of our funding comes from special interests or lobbyists.  Our only goal is to put a directly-nominated ticket on the ballot in 2012.

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The goal of Americans Elect is to nominate a presidential ticket that answers to the people – not the political system.  Like millions of American voters, we simply want leadership that will work together to tackle the challenges facing our country.  And we believe a direct nominating process will prove that America is ready for a competitive, nonpartisan ticket.

Since that time, there has been a good deal of scrutiny focused on Americans Elect.  Justin Elliott recently wrote a comprehensive piece for Salon, highlighting the numerous sources of criticism targeting Americans Elect.  Mr. Elliott provided this summary of the controversies surrounding the organization:

The group is hoping to raise $30 million for its effort. It has already raised an impressive $22 million as of last month.  So where is all that money coming from?  Americans Elect won’t say. In fact, the group changed how it is organized under the tax code last year in order to shield the identity of donors.  It is now a 501(c)(4) “social welfare” group whose contributors are not reported publicly.

What we do know about the donors, largely through news reports citing anonymous sources, suggests they are a handful of super-rich Americans who made fortunes in the finance industry. (More on this below.)  But it’s impossible to fully assess the donors’ motives and examine their backgrounds and entanglements – important parts of the democratic process – while their identities and the size of their donations remain secret.

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Americans Elect officials often tout their “revolutionary” online nominating convention, which will be open to any registered voter. But there’s a big catch.  Any ticket picked by participants will have to be approved by a Candidate Certification Committee, according to the group’s bylaws.

Among other things this committee will need to certify a “balanced ticket obligation”  – that the ticket consists of persons who are “responsive to the vast majority of citizens while remaining independent of special interests and the partisan interests of either major political party,” according to the current draft of Americans Elect rules.  Making these sorts of assessments is, of course, purely subjective.

Jim Cook of Irregular Times has been keeping a steady watch over Americans Elect, with almost-daily postings concerning the strange twists and turns that organization has taken since its inception (and incorporation).  Mr. Cook’s December 11 update provided this revelation:

The 501c4 corporation Americans Elect is arranging for the nation’s first-ever privately-run online nomination of candidates for President and Vice President of the United States in 2012.  As with any other corporation in the United States, it has a set of bylaws.  On November 18, 2011 the Americans Elect corporation held an unannounced meeting at which it amended its previous bylaws.

A month later, Americans Elect has not posted changes to the bylaws, or posted any notice of the changes, on its website for public review.  Furthermore, Americans Elect has generally made it a practice to post its documents as images that cannot be indexed by search engines or searched by keyword.  For these reasons, Irregular Times has retyped the bylaws into an easily searchable text format, based on a pdf file submitted to the Florida Secretary of State on November 22, 2011.  You can read the full text of the amended bylaws here.

Just a day earlier (on December 10) Jim Cook had been highlighting one of the many transparency controversies experienced by the group:

On the Americans Elect’s “Candidates” web page it rolled out last month, various numbers were tossed up without explanation.  A reference to a wildly error-prone slate of candidates’ supposed policies drawn up by Americans Elect contractor “On the Issues” appeared next to various politicians’ names, but the actual calculation by which Americans Elect came up with its “National Match” for each politician has never actually been published.  I’ll repeat that in bold:  Americans Elect’s system for calculating its numerical rankings of politicians was never shared with the public.

Another problem for Americans Elect concerns compliance with its bylaws by individual directors, and the lack of enforcement of those bylaws, as Cook’s December 9 posting demonstrates:

She’s done it five times before; this is the sixth.

The Americans Elect bylaws are very specific, as an Americans Elect Director, Christine Todd Whitman is not supposed to “communicate or act in favor of or in opposition to any candidate for President or Vice President at any time before the adjournment of the online nominating convention of Americans Elect.”

But here she is this week nevertheless, appearing on national television via FOX News to communicate in favor of presidential candidate Jon Huntsman   .   .   .

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The bylaws say that when the neutrality provision is violated, there must be some sort of sanction.  But Christine Todd Whitman is getting away with it again and again and again where the whole country can see it.  Is the Americans Elect corporation inclined to follow its own rules?  If not, how much trust should we place in it as it gets ready to run its own private presidential nomination in less than five months’ time?

Richard Hansen, a professor at the University of California at Irvine Law School, wrote an essay for Politico, which was harshly critical of Americans Elect.  He concluded the piece with these observations:

But the biggest problem with Americans Elect is neither its secrecy nor the security of its election.  It is the problems with internal fairness and democracy.  To begin with, according to its draft rules, only those who can provide sufficient voter identification that will satisfy the organization – and, of course, who have Internet access – will be allowed to choose the candidate.  These will hardly be a cross section of American voters.

In addition, an unelected committee appointed by the board, the Candidates Certification Committee, will be able to veto a presidential/vice presidential ticket deemed not “balanced” – subject only to a two-thirds override by delegates.

It gets worse.  Under the group’s bylaws, that committee, along with the three other standing committees, serves at the pleasure of the board – and committee members can be removed without cause by the board.  The board members were not elected by delegates; they chose themselves in the organization’s articles of incorporation.

The bottom line:  If Americans Elect is successful, millions of people will have united to provide ballot access not for a candidate they necessarily believe in – like a Ross Perot or Ralph Nader – but for a candidate whose choice could be shaped largely by a handful of self-appointed leaders.

Despite the veneer of democracy created by having “delegates” choose a presidential candidate through a series of Internet votes, the unelected, unaccountable board of Americans Elect, funded by secret money, will control the process for choosing a presidential and vice presidential candidate – who could well appear on the ballot in all 50 states.

Forget about Tom Friedman’s breathlessly-enthusiastic New York Times commentary from last summer, gushing praise on Americans Elect.  It’s beginning to appear as though this movement is about to go off the rails, following the Cain Train into oblivion.


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Crazy Like Fox

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Donald Trump has enjoyed a good deal of publicity during the past few weeks, since he jumped on the “birther” bandwagon, voicing skepticism as to whether Barack Obama was really born in the United States.  Many of Trump’s critics insist that The Donald is not a serious Presidential candidate and that his newfound “birther” agenda demonstrates that his Presidential campaign is nothing more than a flimflam publicity stunt.

I have a different theory.  I believe that Trump is running a “decoy” campaign.  Keep in mind that Trump is currently the #2 contender for the Republican nomination.  Remember also that the Republican Presidential primaries for 11 states (and the District of Columbia) are conducted on a “winner-take-all” basis – meaning that when a candidate wins a state primary, that candidate wins all of the delegates who will represent that state at the Republican National Convention.  If Trump can win a few of those states, he could amass an impressive amount of “pledged” delegates.  I suspect that Trump’s goal is to win the support from the extreme right wing of the Republican Party and “hijack” those delegates who would have been otherwise pledged to candidates acceptable to the Tea Party.  Bill O’Reilly’s intervention to defuse the “birther” controversy (at which point he insisted that Trump has not been seriously seeking the nomination) was apparently motivated by the fact that the candidates most likely to be eliminated from contention because of Trump’s presence – Michele Bachmann and Sarah Palin – are both darlings of Fox News.  In fact, Palin is a Fox News contributor.

At the 2012 Republican Convention in Tampa, Trump could step aside and support Willard Romney, who is despised my many Tea Party activists for having created what is now known as “Obamacare”.  Trump’s elimination of the Tea Party favorites before the convention would solve Romney’s problem with that voting bloc.  Romney can be expected to have an equally difficult time winning the support of dog lovers, as a result of his decision to strap the family dog, Seamus, to the car roof for a 12-hour family vacation drive to Ontario.  Despite his “Presidential” appearance, this Homer Simpson-esque episode from Romney’s life has already impaired efforts to portray him as a potentially effective Commander-In-Chief.

Meanwhile, President Obama is busy trumpeting his newly-minted, false campaign promises.  Gallup reported that on April 15, Obama’s approval rating had tied its all-time low of 41%.  More interestingly, his approval rating among African-American and Hispanic voters is beginning to slip from its enormously-high levels:

Though majorities of blacks (85%) and Hispanics (54%) continue to approve of the job Barack Obama is doing as president, his ratings among these groups slipped in March and have set or tied new lows.

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Obama, elected to office with strong support from minority voters, has averaged better than 90% approval among blacks, and 65% among Hispanics, during his term.  Prior to March, Obama’s lowest monthly average among blacks was 88% in July 2010 and December 2010.  The president’s 54% March job approval rating among Hispanics ties the low from July and August 2010.

Despite the efforts of Republican commentators, such as Peggy Noonan, to create a narrative to the effect that Obama’s waning popularity – as well as the losses sustained by the Democrats in the 2010 elections – resulted from voter concern about government spending and the deficit, I suspect that Americans have simply become alienated by the failure of Obama and his party to deliver on their 2008 promises.  Worse yet, the capitulation to the interests of Wall Street by Democrats who promised “reform” has reinforced voter apathy – the real factor in the 2010 Democratic setbacks.

Cord Jefferson of Good provided this graphic of what Congress would look like if it truly represented America.  The failure of Democrats to win the support of Independent and centrist voters is readily apparent.  You can blame gerrymandering all you want, but as long as the Democrats fail to provide alternatives to Republican policies, they will continue to lose.  I believe it was William Black who said:

Under America’s two-party system, we have one party that is owned by big business and another party that sells out to big business.

I was pleased to see my own sentiments shared and articulated quite well by Mike Kimel of the Presimetrics Blog, in his recent posting entitled, “Why I Will Not be Voting for Obama in 2012”.  Although Mr. Kimel doesn’t have an alternative candidate in mind, the very reason for his disillusionment with Obama is that – with respect to the nation’s most significant problems – our current President has proposed no alternative policies to those of his predecessor:

And yes, there are a handful of things Obama did that GW might not do, but let’s be realistic – this has looked from the very beginning like GW’s third term.

Which leaves just one question – if the policies of the Republicans are even worse than Obama’s – and they tend to support anti-growth tax policies (calling them pro-growth doesn’t change the data), what should a rational person do?  I don’t know.  But I think if I’m going to see Republican policies enacted, I’d prefer to see them run under a Republican label.  See, Democratic policies may not be very good, but historically they have tended to produce better results than Republican policies.  (BTW – Michael Kanell and I have an entire book called Presimetrics looking at how Presidents performed on a wide range of topics.)  Another four years spent bringing the feeble Democratic brand down to the levels of the even more feeble Republican brand will cause lasting damage.

Obama will never re-ignite the enthusiasm of 2008 by presenting himself to the voters as “the devil you know” or “the lesser of two evils”.  What America’s middle class really needs is an honest, Independent candidate to make a run for The White House in 2012.


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