State's Democratic Party braces for lawsuit

FORT WORTH STAR-TELEGRAM

AUSTIN -- The Texas Democratic Party is warning that its March 4 caucuses could be delayed or disrupted after aides to White House hopeful Hillary Clinton raised the specter of an "imminent" lawsuit over its complicated delegate selection process, officials said Thursday night.

In a letter sent out late Thursday to both the Hillary Clinton and Barack Obama campaigns, Texas Democratic Party lawyer Chad Dunn warned that a lawsuit could ruin the Democrats' effort to re-energize voters just as they are turning out in record numbers.

Spokesmen from both campaigns maintained there were no plans to sue before the March 4 election.

"It has been brought to my attention that one or both of your campaigns may already be planning or intending to pursue litigation against the Texas Democratic Party," Dunn said in the letter, obtained by the Star-Telegram. "Such action could prove to be a tragedy for a reinvigorated Democratic process."

Democratic sources said representatives from each campaign had made it clear they are keeping all their options open but that the Clinton campaign in particular had warned of an impending lawsuit.

"Both campaigns have made it clear that they would go there if they had to, but I think the imminent threat is coming from one campaign," said one top Democratic official, referring to the Clinton campaign. The official spoke on condition of anonymity.

Another Democratic source who was privy to the often intense discussions confirmed that representatives of the New York senator's campaign had issued veiled threats in a telephone call this week.

"Officials from Senator Clinton's campaign at several times throughout the call raised the specter of 'challenging the process,' the official said. "The call consisted of representatives from both campaigns and the Democratic Party."

The source, who did not have authorization to speak about the matter on the record, said Clinton's political director, Guy Cecil, had pointedly raised the possibility of a courtroom battle.

But Adrienne Elrod, Clinton's top Texas spokeswoman, said campaign and party officials had merely discussed primary night procedures and that the campaign was merely seeking a written agreement in advance. She could not elaborate on the details of the agreement the Clinton campaign is seeking. "It is our campaign's standard operating procedure that we need to see what we are agreeing to in writing before we agree to it," Elrod said. "No legal action is being taken. We have no reason to take any legal action."

Obama spokesman Josh Earnest said the Obama campaign had no plans to sue.

"We're confident that by working closely with the Texas Democratic Party and the Clinton campaign we'll have a caucus that Texans can be proud of -- because every eligible voter will be allowed to participate and have their vote counted in a timely manner," Earnest said.

The letter to the two campaigns did not specify what procedures or rules might trigger a lawsuit. But one party official said the campaigns were most concerned about the caucus process, or, as the party refers to it, the "precinct conventions." Texas has 228 delegates, the biggest single cache remaining. But only 126 delegates are doled out based on the selection voters make at the ballot box.

Another 67 delegates -- more than in many states -- are to be apportioned based on the number of people who participate in the caucuses that begin in more than 8,000 precincts once the polls close at 7 p.m. March 4. (The remaining 35 are so-called superdelegates, or party honchos free to support whomever they choose). The intense competition between Obama and Clinton has made every delegate a precious commodity.

In past years, the caucuses have generated little attention or interest, but not this year. Now questions are being raised about procedures, whether there's enough space to accommodate a flood of caucus participants and just how the results will be recorded and reported.

Democrats have described the enthusiasm in Texas, as evidenced by the record turnout among early voters in the most populous counties, as a sign that the party is undergoing a revival after years of decline under virtually unchallenged Republican rule.

Dunn, the Democratic Party lawyer, said it could all be for naught if the Texas nomination battle winds up in a courtroom.

"If it is true that litigation is imminent between one or both of your campaigns and the (Democratic Party), such action could prove to be a tragedy for a reinvigorated democratic process that is involving a record number of participants here in Texas and across the nation," he wrote.

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