Martin O’Malley’s lawyer released a memo Tuesday claiming the Democratic National Committee’s debate process breaks federal election rules, is “legally problematic” and “entirely unprecedented.”
The DNC released its debate schedule last week, featuring four debates before the Iowa caucuses and only two after, barring any candidate who participates in an unsanctioned debate.
Both O’Malley and his fellow Democratic primary contestant Bernie Sanders criticized the limitations, saying that the rules limited lesser-known candidates and gave unfair advantage to front-runner Hillary Clinton.
“Although the DNC announced a schedule of sanctioned debates both in 2004 and 2008, it has never before attempted to require debate sponsors to exclude any recognized candidate as punishment for participating in non-sanctioned debates,” O’Malley attorney John Sander said in the memo obtained by the Washington Examiner.
Adding that the “exclusivity requirement” of the DNC’s rules is legally unenforceable, as the sponsors of the debate are either media outlets or nonprofits, and under Federal Election Commission rules, the format and structure of each debate must be controlled “exclusively by the debate sponsor, not by any party or candidate committee.”
In the past, Martin O’Malley has said the Democratic Party needs more time to debate, citing the GOP’s 24 million viewer audience for their first debate last Thursday. The former Maryland governor’s campaign has called the DNC’s process “undemocratic” and “bad for our party.” Sanders also condemned the debate structure, stating that it curbed democracy, and favored the elite, adding, “If Secretary Clinton wants more debates, we’ll get them.”
Clinton is the clear frontrunner in the democratic primary thus far, with 55% of the vote, Sanders with 19.4% and O’Malley with 1.6%. Clinton’s challengers have complained that the former first lady is receiving considerably more media attention and that is unfairly boosting her campaign.
When asked about the structure of the debates in New Hampshire on Monday, Clinton presented no concerns, and told reporters that she was “just going to show up, and when I’m told to show up, I’ll be there and looking forward to it.” The Clinton campaign did not respond when asked for comment on the matter of the DNC favoring Clinton in the debate process.
