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Accountability media and media people national politics & policies political challengers

Remember the Rigged Election?

Remember the 2016 presidential election?

You know, the contest that still bedevils us? The one allegedly rigged by the Russians and fake news? The one the outcome of which Michael Moore (and others) suggested, even this week, should be overturned by “the courts” simply by installing Hillary Clinton as president?

Turns out one major element of the election process was rigged: the debates run by the Commission on Presidential Debates.*

At least, U.S. District Judge Tanya Chutkan has ruled** that, “In sum, with respect to Plaintiffs’ allegation that the FEC acted arbitrarily and capriciously and contrary to law when it dismissed their two administrative complaints, this court agrees.…”

The plaintiffs*** are Level the Playing Field (LPF), the Green Party, the Libertarian National Committee, and Dr. Peter Ackerman. They sued the Federal Election Commission because the FEC, as the judge wrote, “stuck its head in the sand and ignored the evidence.” Prior to the lawsuit, LPF and others had filed complaints and asked the FEC to establish fair rules. They were told to go play in — er, far away from — traffic.

“The FEC was the defendant in the case,” explained IVN News, “but the real villain in the story is the Commission on Presidential Debates (CPD), a private organization … dominated by Democratic and Republican party stalwarts.”

Under federal law, the FEC, itself organized along bipartisan lines, is charged with ensuring that the CPD is using “objective” criteria, which doesn’t arbitrarily exclude independent and minor party candidates.

Now, thankfully, the court has ordered the FEC to come back, by April 3, with new thinking on how to ensure fair and open presidential debates.

This is Common Sense. I’m Paul Jacob.

 

* The problems with the presidential debate rules and the CPD itself were covered extensively last year in these four commentaries: “Smash the Duopoly,” “The Media’s Job,” “The Stupidity of 15,” and “The Two-​Product Economic System.”

** Tellingly, there’s been scant news coverage of the court decision except by IVN News, the Independent Voter Network website, and … RT, the Russian government’s TV channel.

*** The case is Level the Playing Field, et al v. Federal Election Commission.


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Accountability ballot access folly general freedom media and media people national politics & policies Regulating Protest too much government

The Two-​Product Economic System

What if our economy worked like our political system?

Only two major companies would provide any particular product for sale. But don’t worry — we’d still have a solid choice between “This Product Is Obnoxious” and “I Don’t Trust This Product.”

Those two companies would create a non-​profit entity — a Commission on Product Debates — empowered to determine the rules under which any upstart company could present its “third-​choice” product to consumers.

That Commission would prevent any third-​choice product from standing on the marketplace stage where consumers could compare it face-​to-​face with the two established choices … until it captured 15 percent of the market.

Last week, in real life, the Commission on Presidential Debates announced that its upcoming September 26th debate would feature only Republican Donald Trump and Democrat Hillary Clinton.

Neither Libertarian Gary Johnson, averaging 8.4 percent in the five commission-​approved polls, nor Dr. Jill Stein, the Green, at 3.2 percent, met the 15 percent threshold set by the Commission.

Forget that polls also show nearly two-​thirds of consumers — er, voters, want Johnson and Stein in the debates. You can’t win ’em all.

Or any at all … if you can’t take your product to market. And the presidential debates are an essential space in today’s political marketplace.

No third-​party or independent presidential candidate has been allowed on that debate stage since Ross Perot qualified in 1992, at the time polling at 8 percent — below Johnson’s current percentage.

That was before the Commission required a polling threshold. After those debates, one in five Americans voted for Perot on Election Day.

Duopolies do not serve us well. They cannot. That is not even their aim.

This is Common Sense. I’m Paul Jacob.


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Accountability ballot access general freedom media and media people national politics & policies political challengers

Serving the Voters

Who will choose the next president of these United States?

Voters? A private non-​profit organization? The media? The Electoral College? The U.S. House of Representatives?

Russian hackers?

No joke, that last. Beyond the suspected Russian hack of the Democratic National Committee, the FBI warned last week that hackers, likely Russian, had broken into the online election systems of Arizona and Illinois.

Earlier this week, and months ago, I floated the possibility that Libertarian Gary Johnson could win New Mexico, where he served two terms as governor. Currently polling at 25 percent, a New Mexico win might prevent any candidate from obtaining an electoral majority, throwing the election into the House of Representatives.

Not likely. But possible. After all, by the Constitution, what actually determines who will be president is the Electoral College. Its elected electors vote in December. And, as attorneys David Rivkin and Andrew Grossman remind us in a Wall Street Journal op-​ed, those electors can vote their conscience.

But first, voters must decide. Vote their consciences, based on good information not predigested by the press and the insider class.*

Which means people need to hear from each candidate who can be elected president. The partisan Commission on Presidential Debates (CPD) has no right to narrow our choices by holding a closed debate.

A series of polls before voters have even evaluated their choices ought not pre-​determine the election.

Tell the Commission on Presidential Debates (202 – 872-​1020) to open the debates to all viable candidates.

This is Common Sense. I’m Paul Jacob.

 

*The media made a mountain out of Gov. Johnson’s gaffe yesterday morning, not knowing immediately what MSNBC’s Mike Barnicle was asking concerning “Aleppo.” Johnson seemed to think it an acronym for some government agency, instead of a besieged Syrian metropolis. But consider it a sign the media is paying attention. Meanwhile, Green Party nominee Jill Stein became the first candidate charged with a crime — vandalism — for spray painting “I approve this message” on a bulldozer used to build a pipeline.


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ballot access ideological culture media and media people national politics & policies political challengers

The Stupidity of 15

Most Americans think there are only two choices for the presidency. And will thus vote for either Clinton or Trump.

They are wrong. There are two popular minor party contenders, and one will even be on all 50 state ballots.

In other election cycles, one could argue that a “third party” candidate has no reasonable chance to win — so, just ignore.

A self-​fulfilling criterion?

Sure. But it works … for the major parties.

This cycle, however, it just doesn’t apply. A third party-​candidate could indeed become the next president … even without capturing 15 percent nationally in the polls … or, get this, in the actual voting!

Confused?

Founded and run by Republican and Democrat bigwigs, the private non-​profit Commission on Presidential Debates (CPD) is not an honest broker. The CPD’s 15 percent national polling threshold for inclusion in the debates neglects a crucial fact: presidential electors aren’t won nationally, but by winning states.

According to the latest Washington Post/​SurveyMonkey poll, the Libertarian candidate, former New Mexico Gov. Gary Johnson, isn’t polling quite 15 percent nationally. But he is polling 25 percent in his home state, where Trump is at 29 and Clinton at 37 percent.

Yes, Johnson is within striking distance to win New Mexico’s five electoral votes.

If Johnson does win there, and Trump keeps it close, winning say Ohio and Florida, no candidate may gain a majority of the Electoral College. The presidential contest would be thrown into the House of Representatives, the first time since 1824! With each state delegation casting one vote, Johnson could serve as the compromise, even consensus, choice.

It seems to me that the next president ought to be in the debates.

This is Common Sense. I’m Paul Jacob.


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