Now that’s what I’m talking about.
I love a good fight. The D.C. Republican Committee has picked one with the Board of Elections and Ethics. The D.C. Court of Appeals likely will be the next venue for the struggle.
Last Monday, in this space, I urged the DCRC to “stand up and fight” for its place on the political scene. By week’s end, the DCRC had filed a challenge with the BOEE, hoping to prevent the certification of the Nov. 4 election of Michael Brown as winner of one of the two at-large D.C. Council races.
The DCRC claimed that allowing Brown to be seated violates the Home Rule Charter, which provides that “at no time shall there be more than three members (including the chairman) serving at large on the council who are affiliated with the same political party.” That section of the District’s constitution ensures a minority party voice in the law making process. Certifying Brown, the DCRC said, would run counter to the spirit and the letter of the charter.
A “life long ” Democrat, Brown registered as an independent, or “no party,” in May this year. But he called himself an “independent Democrat.” That label allowed him to bypass a primary he was destined to lose but capitalize on his long-standing association with the Democratic Party. Brown’s Web site underscored the ruse. It was awash with references to his relationship with the party, including serving as a surrogate for various presidential candidates. He has served on the finance committee of the Democratic National Committee.
To paraphrase former, now deceased, Treasury Secretary Lloyd Bentsen: I know independents, and Michael Brown is no independent.
The BOEE doesn’t care. It may not even know who was on the ballot this year. In a letter dated Nov. 21 to the DCRC, the board’s general council, Ken McGhie, incorrectly stated “Mr. Brown was a candidate for the nomination of the Democratic Party during the Sept. 2008 Primary.”
McGhie is sure, however, that the masquerading Democrat meets “the statutory requirements necessary to hold office” and ”it’s beyond the board’s purview to decline to certify the results.” The board expects to move forward and certify the Nov. 4 election results Monday.
“Everyone knows Michael Brown is a Democrat, except apparently the [BOEE],” said DCRC attorney Charles Spies. “As a matter of law, the [BOEE] does not have the authority to certify more than three at-large members affiliated with the Democratic Party.
“We hope the board will reconsider their hasty response,” Spies continued. “The DCRC will take all necessary measures to ensure that the [BOEE] abides by, and enforces the law.”
After three tries this year, the BOEE has proven it can’t effect a flawless election.
The DCRC’s complaint isn’t sour grapes. It’s a principled fight. Even if it loses, it wins. It may be the only party truly interested in an inclusive democracy, ensuring the participation of the minority.
