A conversation with Jeff Kurzon, a NY Berniecrat candidate, and his lawyer Josh Douglass, about a lawsuit that they have just filed in New York against the Democratic National Committee and the New York State Democratic Committee. The lawsuit contends that the Party's Charter, which the binding, legal contract between the Party and its members, is being violated by the superdelegates.
Specifically, their argument is that a superdelegate's vote vastly outweighs that of the average citizen's, and that this contradicts the guiding principle--the heart--of the Democratic Party's Charter. It states that "we acknowledge that a political party which wishes to lead must listen to those who would lead, a party which asks for the people's trust must prove that it trusts the people...".
The lawsuit contends that this is therefore
- a breach of contract, and
- violates Jeff's 14th Amendment right to equal protection, and
- his right of freedom to associate.
(The first two are clear to me, the third I'm not quite understanding yet.)
The relief being sought is for the superdelegates to be forced to conform to the popular vote of their state. For example, if Bernie Sanders won a state by 70-30, then the superdelegates must also vote themselves in the same proportion.
Josh and Jeff hope that other New Yorkers may get involved in this lawsuit, and that perhaps other people (cough Berniecrats cough) around the country mighty consider duplicating this lawsuit in their own states. What if this turned into massive class-action lawsuits in all 50 states and territories...?
In the short-term, the hope is that this lawsuit would be publicized in both the press and on social media to voters in California. So they will not be deceived and discouraged by the media, when they incorrectly declare Hillary Clinton the Democratic nominee once the polls close in New Jersey--three hours before California voting is done.
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Jeff's blog post about the lawsuit:
http://www.jeffkurzon.com/blog/2016/6/2/why-i-just-sued-the-dnc-and-the-nysdc
The full complaint:
http://www.jeffkurzon.com/s/SuperDelegate-Lawsuit-Kurzon-v-DNC.pdf
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From Josh Douglass:
I have filed a lawsuit in the Southern District of New York against the DNC and the NYS Dems on behalf of Jeff Kurzon. Our claim is that the defendants are violating their own Charter by contunuing to implement the super delegate rule. The super delegates comprise fifteen percent of the overall delegation. Thus, an insurgent candidate such as Bernie Sanders starts out several delegates behind.
This rule violates the DNC Charter, as is fully specified in our Complaint, in that the Charter speaks to the Party's guiding principle of listening to the people and following the will of the people. Rule 13 of the "Call to the Convention" further states that the delegation should be in keeping with the "preference of the primary voters." While the courts have held that the Party does have the right to freely associate and thereby establish its own rules...it does NOT have the right to violate its own Charter and, thereby, infringe upon the rights of its own members to freely associate with one another.
We have requested a preliminary injunction from the court and are seeking a remedy which limits the power of the super delegates by having them be consistent with the popular vote in the state and have their votes limited to quarter votes or half votes or what have you in order to reach that end point.