Professor Bainbridge...on law, politics, religion, culture & food

Are Democratic Delegates Pledged but not Bound? Yep.

In my post, The Prospects for a Brokered Democratic Convention, I argued that:

As I understand the Democratic Pary rules, however, none of the DNC delegates are bound to vote for the candidate to whom they are pledged, even on the first ballot. ... The DNC’s rules thus would seem to contemplate that a determined second place finisher could argue right up until the vote that delegates pledged to other candidates, including candidates whose names have been placed in nomination, should “in all good conscience” switch sides. Right? Or am I missing something?

Some of those who commented on that post argued that I had misread the relevant rules. If so, apparently the Clinton campaign is misreading them too. Roger Simon:

Hillary Clinton’s presidential campaign intends to go after delegates whom Barack Obama has already won in the caucuses and primaries if she needs them to win the nomination.

This strategy was confirmed to me by a high-ranking Clinton official on Monday. And I am not talking about superdelegates, those 795 party big shots who are not pledged to anybody. I am talking about getting pledged delegates to switch sides. ... Pledged delegates are not really pledged at all, not even on the first ballot. This has been an open secret in the party for years, but it has never really mattered because there has almost always been a clear victor by the time the convention convened.

But not this time. This time, one candidate may enter the convention leading by just a few pledged delegates, and those delegates may find themselves being promised the sun, moon and stars to switch sides.

According to Simon, moreover, my reading of the rules accords with the official DNC position:

“Delegates are NOT bound to vote for the candidate they are pledged to at the convention or on the first ballot,” a recent DNC memo states. “A delegate goes to the convention with a signed pledge of support for a particular presidential candidate. At the convention, while it is assumed that the delegate will cast their vote for the candidate they are publicly pledged to, it is not required.”

Kevin Drum:

This strategy just reeks of desperation and prompts two questions: (a) why would she do it? and (b) why would a high-ranking campaign official actually admit it? [UPDATE: The Clinton campaign categorically denies they plan to do this.]

Of course, they’re going to deny it now. (BTW, was the high ranking Clinton official an Obama mole?) But no one who has watched the Clintons over the last 16 years would doubt for a minute that, if they thought they had the slightest chance of egtting away with it, they’ll pull some such nonsense at the convention.