Wednesday, April 11, 2018

THE DARK SIDE OF SPECIAL ELECTIONS



In 2018 Washington County voters have had a unique election cycle, with two special elections packed into a busy primary season leading up to the mid-term elections. I have been paying close attention to the special election process as it has unfolded in South Western Pennsylvania.  On the whole I have decided that special elections are not designed to foster open democratic pluralism or participation.  Quite the opposite, special elections were constructed to favor a narrow political elite and provide committee members of both established parties with unreasonable control over which candidate will appear on the special election ballet.  As a result, the power that local committee representatives have lost in the primary process (endorsements from party officials mean less and less in open primaries) has been partially regained through the closed special election procedures.

First up on the 2018 election schedule was the congressional special election to replace disgraced Congressman, Tim Murphy.  Under Pennsylvania election law, Democratic Governor Tom Wolf had 10 days to call for a special election which resulted in a proclamation setting the voting date for March 13, 2018.  Because there is no election law requirement that primary elections be held for special elections, the Republican Party held a special convention on November 11 and the Democratic Party held a nominating convention on November 19, 2017.

I attended the Democratic Party affair at Washington High School as an observer.  It was clear from the packed galleries that only two candidates were in the running to win the nomination.  One portion of the bleachers were packed with supporters from Allegheny County on behalf of Conor Lamb.  Another portion was overrun with supporters of Commissioner Gina Cerilli from Westmoreland County.  The other candidates, all of whom had invested a great deal of time and shoe leather to secure the nomination, were window dressing.
 
Party bosses had taken the full measure of the field and determined that Conor Lamb offered the best opportunity to win a special election in a voting district that favored moderate to slightly conservative, Republican candidates.  Mr. Lamb’s well connected political family and Allegheny County Chief Executive Rick Fitzgerald rounded up the needed votes among their political supporters and the nomination was assured.

While the general electorate and national media were well pleased with the Lamb nomination they were disgruntled on the Republican side with the convention choice of Rick Saccone.  The well-orchestrated Republican Party procedures gave the edge to a Trump clone rather than a candidate who could actually win the traditionally Republican district, which was developing doubts about Trump, with a more acceptable platform.  Notwithstanding campaign appearances by the President, his family, and the Vice President and millions in Super PAC contributions, Lamb won by a narrow margin.

Ironically, the Democratic Party bosses seemed to lose control of the Lamb campaign after assuring he would be the candidate. Rather than hook his wagon to the Democratic or Congressional leadership, Lamb ran a grass roots campaign designed to paint himself as a new and independent voice, beholding to no one.  In my view, this independence was responsible for his victory.

The second special election confronting the residents of Washington County will take place on the same day as the May 15th primary. This election was mandated by law after Representative Brandon Neuman was elected to serve on the Washington County Court of Common Pleas, last November.  While this contest has none of the national limelight or nonstop political advertising of the Lamb affair, it will have an important impact on Washington County citizens.

Democratic voters will face the daunting task of voting for a candidate chosen by party officials in the special election (with the winner serving in Harrisburg until the end of the year) while weighing the merits of two democratic candidates in the primary (with the winner facing off against the republican candidate in November).

The Washington County Democratic Committee called for a caucus of committee members: “for the purpose of recommending a candidate to the Pennsylvania State Democratic State Executive Committee.” To keep tight control over the process, on a bitter cold day when all of Washington County was either attending or watching the Steelers-Jaguars AFC Playoff game, the caucus was held in the local VFW Post 191.  Not surprisingly, only 27 of the estimated 58 qualified committee members showed up for the vote.  To seal the deal, vote by proxy was not permitted.  
This special election caucus was even less pluralistic than the Conor Lamb nominating convention by taking steps that guaranteed a low turnout of non-committed committee members.  As a result, there were few eligible caucus members with an open mind who were willing to listen to the candidates speak before casting their vote.

The favored choice of Party Leaders, political neophyte Clark Mitchell Jr. won the caucus, with the narrowest of votes, garnering 14 supporters. All other opponents bowed to party pressure and did not file to run in the May primary against Mitchell, with the exception of attorney Joseph Zupancic.

As the campaign winds its way to the May primary I have noticed the same grass roots swing toward the unendorsed candidate, Zupancic, that Conor Lamb experienced in the earlier special election. While Party bosses are supporting a candidate they can control, voters are examining the bonafides of both candidates to determine who will best represent them as an elected official over a full two-year term.

Independence appears to be a virtue as Zupancic goes out into the community and explains why he is running and the goals he hopes to accomplish. (all voters are urged to review the websites of both candidates) Moreover, there is a developing apprehension among knowledgeable democrats that unless voters decide to split their vote and favor Zupancic in the primary, that Mitchell could lose the special election and win the primary.  This would all but guarantee that Republicans would control the 48th district for the first time in many years.

What could be done to make special elections more democratic? It is not a good result to have lawmakers chosen by their respective political party’s rather than by winning through open competition.  It is not a good result to foster confusion in the electorate by holding a special election and a primary for the same position on the same day. 

In smaller races involving fewer voters I would recommend an open caucus procedure, organized and run by each state/local party, to permit all registered voters to participate. This would insure wider voter participation and avoid the expenses of holding a government run primary to determine each candidate in the special election.  And I would not hold the open caucus on the day of a Steeler game.

For larger races where the organization of a caucus is untenable, I would permit the Governor to appoint a placeholder from the same party as the displaced lawmaker.  The placeholder would not be permitted to run in the primary at the end of the term, giving no individual or party an undue advantage when running for a full term.  This would provide representation for citizens without an elected official until the end of a lawmaker’s term, save public funds by not requiring a special election, avoid all the confusion to voters that special elections invoke, and reset a level playing field at the time of the primary.

My suggestions are not the only solutions to insure open special elections with maximum participation. But back room politics filled with cigar smoke and back slapping should be a thing of the past in American politics.  Even the appearance of such is an affront to the modern voter.  There are better ways to fill vacant positions than party dominated special elections. 

(Disclosure: I serve on the Joe Zupancic campaign committee. None of my views on special elections have been vetted by or adopted by the committee or the candidate)