Wednesday, March 13, 2019

Should Democrats Really Worry About a Contested Convention?

David Wasserman of the Cook Political Report published an op-ed article in the New York Times on Wednesday provocatively titled "Why a Long Democratic Primary Slugfest Might Help Re-Elect Trump." In the piece, Wasserman argues that the Democratic presidential nomination race in 2020 could well turn out to be a protracted fight that exposes or exacerbates wide rifts within the party, that the identity of the Democratic nominee might remain unresolved until the national convention, and that internal conflict could prevent Democrats from unifying to defeat Donald Trump in the November general election.

At the foundation of Wasserman's case is an important observation: under the internal rules of the Democratic Party, winning a majority of pledged delegates requires attracting at least a near-majority of the popular vote in presidential primaries. That's because Democrats, unlike Republicans, mandate the proportional allocation of delegates; all candidates who receive at least 15 percent of the vote in a state or congressional district are entitled to a corresponding share of the delegates chosen there regardless of whether they place first. If there are multiple candidates attracting significant but not overwhelming popular support over an extended segment of the primary calendar, no single candidate will accumulate a majority of delegates, and therefore the national party might assemble in Milwaukee on July 13, 2020 without a certain nominee.

However, I think that this scenario is far less probable than Wasserman suggests—and that even if no candidate ends the primary season with a majority of delegates formally pledged to him or her, neither unusually bitter infighting nor ineffective opposition to the Republican ticket are particularly likely consequences. Here are some of the reasons behind this skepticism:

1. The early states will immediately cull the field. At the current preliminary stage of the process, it's relatively easy to envision a long competition with multiple strong contenders. But the early states invariably impose a deep and sometimes brutal mark on the race, reinforced by the news media's enthusiasm for branding candidates as either winners or (more commonly) losers. There have been 20 contested presidential nominations since the modern system was introduced in 1972, and the eventual nominee placed no worse than second in the New Hampshire primary in all 20 elections. Unsuccessful candidates may not immediately drop out if they do badly in the first few states, but unless they can consistently reach the necessary 15 percent threshold of popular support in the face of the resulting negative publicity or media inattention, they won't be able to deprive the front-runner of delegates.

2. Front-loading might end the race sooner, not later. Wasserman argues that the front-loading of the nomination calendar paradoxically increases the chance of a dragged-out competition, because many pledged delegates will be chosen at a point when multiple active candidates could potentially split the electoral map among themselves. It's possible to see things working out that way. But it seems equally plausible that the evolution of Super Tuesday into an early March quasi-national primary raises the level of financial and organizational resources necessary to run a viable campaign beyond the reach of more than a handful of candidates, and that the extensive media coverage required to catch the eye of voters tuning into the race after Iowa and New Hampshire will similarly be divided among just two or three main contenders. If the results of Super Tuesday and the two following weeks give one candidate a large enough lead in the delegate count, the front-loading of the calendar could produce an apparent nominee by March 17, since the combination of proportional allocation requirements and the lack of delegate-rich states voting later in the season makes it even more difficult for a trailing opponent to mount a second-half comeback.

3. The Democratic Party is not "highly fractious." Notwithstanding the wildly disproportionate fascination in some circles with a few backbench members of the House of Representatives, the Democratic Party is arguably as unified, at both the mass and elite level, as it's ever been in its history. There are important differences among Democrats, of course, and some of these differences will be publicly litigated over the course of the 2020 presidential nomination race. But there's little reason to believe that internal party divisions are any greater, or harder to overcome, than they were in 2008, or 1992, or 1976, or 1948, or 1932. Democrats universally dislike Donald Trump and are highly motivated to defeat him in 2020; no major candidate or group within the party will want to risk being forever blamed for Trump's re-election by stirring up trouble between the convention and the November vote.

4. A true contested convention is very unlikely, because party leaders will work hard to prevent it. Media discussions of hypothetical contested conventions often carry the whiff of hopeful anticipation; many journalists find today's scripted coronations to be impossibly boring and yearn to experience the excitement of yesteryear's dark horses and smoke-filled rooms. But party leaders have exactly the opposite view. They fear and despise the unpredictability and colorful in-fighting that media types live for; above all, they want an exuberant, harmonious, drama-free party. Democratic officials will therefore do everything in their power to prevent the kind of rollicking free-for-all that the term "contested convention" or "brokered convention" commonly connotes.

For risk-averse party leaders who are habitually obsessed with maintaining internal unity and popular legitimacy, the obvious path of least resistance in a situation where no candidate has accumulated a majority of pledged delegates is to close ranks around the first-place finisher in the delegate count. Secondary candidates could be pressured to release their own delegates and endorse the leader; alternatively, superdelegate votes could deliver him or her a numerical majority on the second ballot at the convention. Denying the nomination to the candidate with the greatest demonstrated popular support would risk a highly inconvenient public debate over whether the "voice of the people" was being silenced by the scheming of party "bosses," as the experience of the 2008 and 2016 superdelegate controversies demonstrated so memorably. At the same time, the Democratic leadership is quite unlikely to let a contested nomination play out without attempting to direct the proceedings in advance; it's not obvious how a modern convention could even be competently staged without a presumptive nominee to take charge of its organization.

Until such a turn of events actually happens, it's impossible to know whether the nominal majority requirement for presidential nominations is, as I suspect, closer to a plurality requirement in practice. But the prospect of a chaotic nomination process or national convention doesn't seem like a leading concern for the Democratic Party at this stage of the election. Whatever challenges Democrats may face in 2020, a deeply divided or unmotivated party base is unlikely to be one of them.

Thursday, March 07, 2019

In Fox Debate Flap, the Press Defends Its Power to Pick Presidents

It is widely accepted in most democracies that party leaders have a right to control the process of nominating candidates for elective office. Here in the United States, however, this proposition is not merely controversial but downright unpopular.

Even the hint that superdelegates might exercise their voting rights under party rules to support a candidate other than the narrow leader in the pledged delegate count provoked accusations in both the 2008 and 2016 Democratic presidential nomination contests that insiders had "rigged" the system in order to silence the voice of the people. These complaints forced a chastened Democratic National Committee to enact limits to superdelegate power in order to protect its popular legitimacy. Republican politicians in 2016 similarly looked on helplessly as voters delivered the nomination to a candidate whom many believed at the time to be a generationally disastrous standard-bearer for their party. Despite this broadly-shared judgment, attempts to force an alternative outcome at the national convention had little energy and soon fizzled out entirely.

But it's too simplistic to view struggles over control of nominations as only pitting party bosses against regular citizens. As critics like Nelson W. Polsby observed decades ago, the post-1968 reforms that created the modern presidential nominating process actually transferred crucial influence from one set of elites—state party organizations—to another set—the news media. Because voters in party primaries habitually act with limited information and weak preferences, especially when the field expands to three or more contenders, they can be decisively swayed by the volume and tone of press attention devoted to each candidate.

The post-reform era is littered with presidential candidacies made and unmade by media coverage. Ed Muskie outpolled George McGovern in both Iowa and New Hampshire in 1972, yet the press treated McGovern like the winner in both cases, setting him on a path to the Democratic nomination. Jimmy Carter received a similar publicity boost after finishing behind an uncommitted slate of Iowa delegates in 1976. Reporters and commentators accepted Bill Clinton's self-proclaimed persona as the "comeback kid" at the expense of Paul Tsongas, the actual winner of the 1992 New Hampshire primary. In the 2000s, media favorites John McCain and Barack Obama benefited from sympathetic coverage while the unlucky Howard Dean became a media dartboard for the sin of screaming too loudly in a concession speech. Donald Trump attracted far more press attention than any other candidate in 2016, to the frustration of rivals who found it much harder to get their messages out to the public.

Journalists sometimes resist acknowledging their sizable influence over nominations, and may not always be fully conscious of the central role they can play in determining the outcome. But when party leaders attempt to assert power at the potential expense of the media, members of the press quickly rise to defend the prerogatives of themselves and their peers.

The Democratic National Committee announced this week that Fox News Channel would not be authorized to hold a debate among the 2020 Democratic presidential candidates, in the wake of reports confirming the de facto alliance between Fox News and the Trump White House. Rather than respect political leaders' judgment about how their own party's nomination process should operate, prominent journalists immediately blasted the DNC, vouching for their Fox News colleagues in the face of a perceived affront to their professional rectitude. Some even accepted the DNC's premise that Fox would treat Democratic candidates with more hostility than the other news outlets hosting debates in 2020, suggesting that the gauntlet of a Fox-organized debate was not a trap to be avoided but rather a test of character that the party was failing.

 "If you can't answer questions—especially if they're not the questions you want asked—maybe you don't have good answers," snorted Jonathan Allen of NBC. "And if you aren't prepared for tough questions/subjects in a primary debate, how will you handle the general?" chided Zeke Miller of the Associated Press. Maggie Haberman of the New York Times preferred the ha-ha-you-suckered-yourself style of riposte: "it sends a message of being afraid of something. Which is what Trump feeds off in opponents."

Beneath this outburst of (self-)righteous indignation is a set of powerful assumptions: that the press—not voters or party leaders—properly holds the job of asking "tough questions" (and judging the worthiness of the answers) during the nomination process, and that televised debates are the most important venue for performing this critical task. Parties "expect the forums to produce infomercials that glorify their candidates, not journalistic grillings," taunted Jack Shafer of Politico, who went on to argue that any candidate who didn't want to participate in a debate sponsored by a disfavored cable network should "be disqualified from running" for the presidency—in case any doubt remained about where Shafer thinks the power to choose the nation's political leadership should rightfully reside.

One quirky attribute of American media culture is the consensus veneration of debates as a uniquely sacred exercise in civic enlightenment. The origin of this precept is somewhat mysterious; perhaps it's a romanticized legacy of Messrs. Lincoln and Douglas, or maybe it just reflects a collective belief that campaign events organized by the media are definitionally superior to those produced by the candidates and parties. In any case, a frank and unsentimental re-evaluation of its experiential soundness is decades overdue. It's not hard to recall important debates, or moments in debates, in both primaries and general elections. But nearly all of them involve candidate mannerisms, zingers, or gaffes (gaffe after gaffe after gaffe), not important substantive discussions or revelations. Is this really the best way to choose a president?

The Republican National Committee recently pondered this question as well. Republican leaders concluded that there were too many debates during the 2012 nomination season, which (in their view) gave an undeserved platform to secondary candidates while pushing their eventual nominee, Mitt Romney, into taking positions that were ultimately damaging to the party's general election chances (Romney's endorsement of "self-deportation" as an immigration policy, blamed in retrospect for costing him Latino support, was made during a Republican primary debate). In response, the RNC, like the DNC, acted after 2012 to limit the number of debates and take greater control of the sponsors and moderators.

The parties naturally perceive a strategic advantage in a nomination procedure that bolsters the chances of producing a nominee who can unify the party, be a formidable general election candidate, and possess the skills to govern successfully. But surely the American public would also be well-served by a choice of presidential candidates who possess such qualities. And it's not clear that the incentives governing the media's coverage of elections necessarily favor an equally desirable set of characteristics, despite the self-important proclamations of some self-appointed gatekeepers.

With the mixed track record of the media-dominated nomination process over half a century of history, perhaps both national committees deserve some deference to tinker strategically with aspects of the current system without facing attacks from journalists acting as if their personal honor has been outrageously besmirched by rank partisan interlopers. For some, it may not be easy to conceive of a situation where the interest of the public is not aligned by definition with that of the press, or is instead more closely matched with that of the perennially-maligned party organizations. But as Nina Simone used to sing, "it be's that way sometime."