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The "pay the piper" principle

Submitted by Simon on Thu, 02/25/2010 - 8:44pm

One way in which SF distinguishes itself, I think, is that more than most blogs, we try to articulate and apply general principles in writing about the subject of the day, and to then apply those principles consistently to later situations that implicate them. One of the most consistently-stated principles from my corner has been my view that when an elected official wishes to switch parties, he must resign and seek reelection under that party's banner. I applied it most recently to Rep. Griffin.

When Sen. Specter defected, I applied it to him—and added a corollary, joining those who called for him to refund campaign contributions, an idea that was new to me:

Specter owes a refund to the people who gave him money for the last and forthcoming election unless they specifically decline it. (He "had raised nearly $1.3 million since January and has $6.7 million in the bank for the 2010 race." Those who were simply buying influence or genuinely donating to Specter rather than Specter qua the GOP candidate, can re-donate.)

In the comments, I added that since there is no way to distinguish between money donated to Specter qua Specter and money donated to than Specter qua the GOP nominee,

he should return it all and let those who really did mean the money to go to him personally redonate as they see fit. It isn't just the individual donors who should get refunds: entities like NRSC without any doubt gave money to Specter because he was the GOP candidate, not because they liked him personally, and that money must be given back too.

With these principles in mind, I read this afternoon that Gov. Crist may pull a Lieberman, and run as an independent should he fail to obtain the GOP nomination for the Florida Senate seat. Crist has raised serious money for his primary and in anticipation of his Senate run—north of seven million dollars, the St. Petersburg Times reports.

While Crist's situation differs somewhat from Specter's in detail, there is no significant distinction available. The timing in the election sequence is somewhat different, but not materially so, and unlike Specter, Crist need not resign since he is not proposing to switch parties in office.

A stronger argument is that whereas Specter was an incumbent who was almost certain to be reelected, Crist is in a primary fight whose outcome is uncertain, so there should be a stronger presumption that money given to Crist is intended as a contribution to Crist qua Crist, rather than qua the GOP candidate. Nevertheless, three points seem cut against it.

First, it rests on a faulty assumption: that Specter was differently-situated. It was by no means apparent that Specter would not face a primary fight, nor that he would win it should it happen. Specter's last reelection came only after a squeaker of a primary against Pat Toomey, see Kevin McMahon, Winning the White House, 2004 116 (2005); Toomey had already indicated that he would run against Specter again, and this time around, Specter would lack the Bush coattails which dragged him over the top in 2004. See McMahon, at 116.

Second, albeit more tenuously, it should be noted that the St. Petersburg Times story linked above says that "not all of th[e] money [that Crist has raised] can be used in the primary." I don't know Florida election law, but this phrasing tells me that some contributions—somehow delineated—are ringfenced for the general election. It seems to me that only money raised for the primary alone must be attributed to Crist qua Crist; money raised for the general fund could be either.

Finally, the bolognaise problem. Once made, you have a bognaise sauce; you can't disassemble it back into its ingredients. The meat, the tomato, and the herbs are inextricably blended together. Likewise, it seems impossible—or at very least hopelessly impractical—for us to determine which donations were given to Crist qua Crist and Crist qua potential GOP nominee.

That last point was conclusive in Specter's case, and without any meaningful way to distinguish this case from that one, I find it conclusive. Accordingly, I adhere to the principle stated above: Should Crist run as an independent, he must honor all requests for refunds, and should offer all donors a refund of his own volition.

I predict he will not...

I don't think, in the end, that Crist will run as an independent. I think the NRSC will bring a great deal of pressure to bear on him to persuade him not to do so. They backed him very early, and took a lot of heat from the GOP rank-and-file, particularly the Florida rank-and-file, for doing so, so early in the primary process. If a candidate they anointed so early in the process were to prove faithless with the party (and this is not a case where the party itself has been faithless to him; this is a primary election, the purpose of which is for the party to decide who its standard-bearer should be, and it's an open seat), the NRSC will look REALLY bad, and I think it would impact its fund-raising for years to come.

So I think that while he will continue to toy with the idea, in the end he won't do it, and will acquiesce to the primary results.

Crist won't run as an

Crist won't run as an independent. You can mark that here. This has been an orchestrated campaign to hurt donations to Crist.

The mud is starting to fly in the race now. These rumors come from the Rubio side so Crist's side responds with its light slap of the Amex Credit Cards. The real dirt will fly in a few months. Rubio bought some time by getting Fl State Rep Sansom to resign allowing Rubio to avoid being called under oath for an ethics hearing on Sansom. There are some real skeletons in Rubio's closet from the deals he made when he was Speaker. Crist has a couple too. It is going to end up being an ugly nasty race by the time the primary rolls around.

PS: Your link to the Crist item is broken

I simply think we should go

I simply think we should go back to the system where party nominations were just basically endorsements, not semi-official positions that are guaranteed ballot spaces. Ballot rules should be loosened and not be based on party affiliation, so more candidates can get on ballots, and primaries should be returned entirely to party caucuses instead of holding them by popular vote.

Then, the onus for support is completely on the party organizations and not the candidates.

Why do we want more

Why do we want more candidates on the ballot as a routine matter? It seems to me that a multiplicity of candidates simply dilutes the function described in this post, i.e. its enabling of rationally ignorant voters to participate meaningfully in the election. Nor do I see a countervailing rationale in favor of such a rule: I'm not aware of any state that imposes undue hurdles to getting on the ballot. Many states require that you demonstrate a quantum of support in the form of signatures, but the requirement is typically a small fraction of the number of votes you would need in order to prevail. If you can't persuade a few hundred people to support you for election to the U.S. House, the odds are very, very high that you won't persuade tens of thousands to do so either.

the counter principle

I think the best counter principle to your silly and quixotic quest to get politicians to refund money is a blue collar favorite of mine. And that principle is tough sh!t.

If Crist can win as an independent, then it's because the people of Florida prefer him to the turds pooped out via the party primary process.

I think any political leader who actually cares about his constituents more than his party can make a pretty defensible case for running as an independent when he believes he's a better choice than what the partisan menus offer.

And if Crist runs as an independent, that's a break-up, and a one way street with no going back. That's enough penalty for him. That's how the party can punish disloyalty.

That's exactly the point of

That's exactly the point of how things used to work. A party nominating a candidate was a process of deal-making--you support us, we support you. Either side could break the deal when they felt the other side no longer supported their interests.

In Lieberman's case for instance, the party didn't support him, so the deal was broken off. The issue is just confused by the fact that candidates are chosen through popular vote and backed up by a lot of private money... if Lieberman was denied a nomination by a party committee or caucus, and the only money involved was given by people who knew the game, nobody would be crying foul. Because of the primary system, its made into a moral issue.

I think the best counter

I think the best counter principle … is a blue collar favorite of mine. And that principle is tough sh!t.

Unless and until we replace Mark Twain on the masthead with Larry the Cable Guy, a citation of "blue collar principles" will remain unlikely to carry much weight.

If Crist can win as an independent, then it's because the people of Florida prefer him to the turds pooped out via the party primary process.

That's nice. Then they can fund his campaign, no? By taking money given to him to run as a Republican and using it to run as an independent, what a candidate does is fraud. The same goes, of course, to anyone who rats from any side to any other side within the same election cycle. It's no different from soliciting money for Haiti and spend it on some other cause—fixing the church roof, for instance. If the candidate took all that money and went to Vegas, they would be prosecuted; this may (or may not) be legally distinct, but morally it's the same.

I think any political leader who actually cares about his constituents more than his party can make a pretty defensible case for running as an independent when he believes he's a better choice than what the partisan menus offer.

"You're so vain, you probably think this election is about you," hmm? Every politician thinks that they are a better choice than anyone else. That's part of the pathology it takes to run for office.

To be sure, a politician can run as an independent. Suppose Crist, as sitting GOP governor of Florida had announced that he'd run for Senate as an independent from the get-go. Fine by me. What he cannot do, morally, is to commit himself to the primary of a party, take money, and then switch horses in mid-stream. The money aspect was discussed above, and as for the "doing a Lieberman" part of the equation, see my comments on Huckabee's Iowa victory. Ceteris paribus, you cannot participate in the primary process, expect other participants to fall in line should you prevail, yet wash your hands and walk away if you lose. A big tent party cannot function without that willingness to accept a legitimate outcome of the legitimate nomination process.

I think bucyrus' argument is

I think bucyrus' argument is just that if the party members who donated are upset by him switching tickets, then they punish him by not supporting him in the general election. In theory, that's how it should work. Its the same situation as if a representative is elected and, while in office, defies the desires of his constituency, or a representative is elected on a certain issue, and changes his opinion when it comes time to vote.

In any case, those situations might be improper also, but their acceptable on the premise that the representative may have to choose to go with his conscience. If a candidate decides that his conscience dictates him to make a point of fighting the party establishment, for instance, because he thinks there's something wrong or untoward or unfair in the way he was denied a nomination, one might argue its similarly acceptable to challenge them then and there in the general election.

That's how it should work, anyway, and the modern primary process just complicates it.

my most strenuous objection

My most strenuous objection must be to your implication that Mark Twain would disagree with me, or that he wouldn't LOVE to cite the tough sh!t principle. As an English major and long-time Twain fan, I demand you come up with a plausible argument for why Mark Twain, of all people, would be more troubled by a politician who quit his party to run as independent than he would by a party-loyal politician.

I for one am certain that he'd see it just as I do, as no more than entertainment. Twain would most certainly take delight in sanctimonious complaints that supposedly outlined the high-minded principles that preserve party hegemony.

That's nice. Then they can fund his campaign, no? By taking money given to him to run as a Republican and using it to run as an independent, what a candidate does is fraud.

This is like your "unmaking the bolognese" problem. Given the utter dominance of the parties in providing viable candidates, how sure can we really be that each given contributor gave money solely or even primarily to ensure that the candidate ran "as a republican." We can't. You always want principles to preclude pragmatism. But pragmatism stubbornly trumps principles in most instances. Human nature.

The hammer will always think that a nail exists to be of use to the hammer. But a nail exists to hold things together. People who want things held together might well join the hammer party. Hammer party loyalists will always think that the members of the party are devotees are hammers. But most of them aren't. They are devotees of holding things together, and support hammers as useful tools.

"You're so vain, you probably think this election is about you," hmm? Every politician thinks that they are a better choice than anyone else. That's part of the pathology it takes to run for office.

You'll never see me disagree that politicians are pathological. You'll also never see me imply, as you do, that because someone is pathological, they must therefore be wrong. A politician can always claim that they are running as an independent for the sake of the people to save them from the crappy partisan choices. Such a claim can always be made, but whether ti flies depends on how credible the argument is to the people. Crist can make a credible claim. He may or may not be sincere. But he'll get votes based on whether it is true that the other choices are no good. This is a GOOD thing.

To be sure, a politician can run as an independent. Suppose Crist, as sitting GOP governor of Florida had announced that he'd run for Senate as an independent from the get-go. Fine by me. What he cannot do, morally, is to commit himself to the primary of a party, take money, and then switch horses in mid-stream. The money aspect was discussed above, and as for the "doing a Lieberman" part of the equation, see my comments on Huckabee's Iowa victory. Ceteris paribus, you cannot participate in the primary process, expect other participants to fall in line should you prevail, yet wash your hands and walk away if you lose. A big tent party cannot function without that willingness to accept a legitimate outcome of the legitimate nomination process.

Your money quote! The people don't really care about how well one of the two parties is able to function. Notice that a big tent party ALSO can't function when its primary goal is its own preservation and growth at the expense of what the genpub sees as its interest.

More and more Americans share this perspective every day. You argument boils down to your faith in two-party politics, and a desire to preserve its hegemony. I am fine with letting the parties try to enforce their will and loyalty oaths upon independent-minded leaders who have the temerity to buck party dominance. But I'm among the folks who would take such efforts as more evidence that the party dominance is a problem.

Oh well. Not the first time that what I see as problem you see as the solution. I don't think we'll get better leadership and governance is the parties get more power. I don't think loyal principled partisanship is a solution. You, as a loyal partisan, DO think it's a solution. Me a disloyal nonpartisan, I don't. Makes sense. What you think is a feature I think is a bug.

I also forgot to add a

I also forgot to add a technicality that makes it impossible for Crist to pull a Lieberman in Lieberman style. Crist would have to give up on the GOP primary to do it and he would have to pull the plug on it in April. I don't know the exact deadline but to run as an Independent in the General election the declaration has to made well before the primaries. I don't see him doing this when he has yet to play his hole cards.

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