The Weekly Sift

The last contested Democratic convention nominated Adlai Stevenson in 1952.

The results of the early Democratic primaries and caucuses have been mixed: Bernie Sanders has replaced Joe Biden as the front-runner, but the vote remains split among many candidates, nearly all of whom are continuing to campaign at least through Super Tuesday on March 3. Unlike the Republicans in 2016, Democratic primaries all award delegates proportionately, and there are no winner-take-all contests. So it’s a growing possibility that come July no candidate will arrive at the Milwaukee Convention with a majority of delegates.

If that happens, then it will be up to the Convention to make the decision, i.e., to settle on a candidate without clear instructions from the primary voters.

A number of commentators (Chris Hayes, for one) have painted this possibility as a disaster, particularly if the candidate who comes to Milwaukee with the plurality of delegates isn’t nominated. Bernie’s supporters in particular — who picture their candidate as the one most likely to come in with a lead — are already talking about how the nomination will be “stolen” from him if anyone else gets it.

I’m not seeing it. Whether or not the convention’s choice seems legitimate depends on the scenario, and in a number of the scenarios I would regard as legitimate, the candidate who comes in with a lead doesn’t leave as the nominee.

The delegates. Before getting into that, let’s make sure we understand the process. According to the Green Papers, the primaries and caucuses will choose 3979 delegates, and only those delegates get to vote on the first ballot. If that first ballot doesn’t result in a majority choice, 771 “superdelegates” are added to the mix. Superdelegates are party officials, Democrats who hold prominent offices (like governors and members of Congress), various other distinguished Democrats (Barack Obama, for one), and representatives of key Democratic constituencies (like labor leaders).

So a first-ballot majority is 1990 delegates. Any candidate who gets that many delegates out of the primaries and caucuses is the winner. On the second and all subsequent ballots, a majority is 2376.

Scenario I. A clear leader with a near miss. One possibility is that some candidate is the clear leader and falls just slightly short of that first-ballot victory. Rather than 1990 delegates, Bernie or Bloomberg or somebody else [1] winds up with, say, 1950 delegates, and the rest are scattered among half a dozen candidates, none of whom have more than a thousand. Similarly, national polls show the front-runner to be the clear leader, perhaps with majority support among Democrats or Democratic-leaning voters. The front-runner also polls as well or better than any other candidate in head-to-head match-ups with Trump.

In that case, I agree with Chris Hayes: Something untoward would have to happen to deny that candidate the nomination, and his or her supporters would be right to feel cheated. In particular, any scenario in which a majority of elected delegates forms after the first ballot (as might happen when other candidates drop out) but gets reversed by the superdelegates, would be an anti-democratic travesty.

Unlike the Bernie supporters who imagine a stop-at-nothing conspiracy against them, though, I regard that scenario as extremely unlikely. The superdelegates are there to rescue the party from a hopeless deadlock, not to overrule the voters. (It’s worth remembering that in 2016, when superdelegates could vote on the first ballot, Bernie’s campaign was arguing that they should overrule the voters. Hillary was well ahead in primary votes and elected delegates, but the Sanders campaign argued that if they finished strong, the superdelegates should respect their momentum and swing the nomination to Bernie.)

But there are other scenarios.

Scenario II. A clear delegate leader suffering voters’ remorse. A lot can happen between now and July, some of which might cause voters to change their minds after they cast their primary ballots. So imagine a delegate split like Scenario I, but also that the polls have drastically changed due to some unanticipated event that has damaged the front-runner: Bernie has another heart attack, or Biden stumbles over his words in a way that implies dementia, or some lurid sex scandal reminds Buttigieg voters of all the bad gay stereotypes.

In this scenario, the front-runner in delegates is no longer the front-runner in the polls, and running him or her against Trump is like carrying out a suicide pact.

At that point, I think we all say “Thank God for superdelegates” and prepare to unite behind somebody else.

Even then, though, it matters who Somebody Else is. The primary voters may have changed their minds about the front-runner, but there’s no reason to think they’ve changed their entire political philosophies. So the nominee should be someone who represents the voters who supported the front-runner. So replacing Sanders with, say, Warren would be legitimate in a way that replacing him with Bloomberg would not be. Ditto for replacing Biden with Klobuchar rather than Sanders.

In other words, the nomination shouldn’t automatically fall to the second-place candidate if the front-runner implodes. In this scenario it might even be legitimate to nominate a candidate who wasn’t previously running at all, but who represented a compromise between the progressive and moderate factions: Sherrod Brown, for example.

Scenario III. Several significant candidates. What if the candidate in second place is closer to the leader than the leader is to a majority? Say, for example, that three candidates are splitting the delegates 40-35-25.

In that case, I don’t think the Convention has any obligation to nominate the 40% candidate, particularly if the second and third-place candidates are similar to each other and different from the front-runner. In that case, nominating the front-runner might be going against the primary voters.

For example, imagine Sanders is leading Biden and Bloomberg, or Buttigieg is leading Warren and Sanders. In either of those scenarios, one faction of the party (moderate or progressive) represents the majority, but the front-runner comes from the other faction. Imagine that on the second ballot, the third-place candidate drops out, and his or her delegates mostly vote for the second-place candidate, who becomes the nominee. Those delegates are arguably representing the voters who sent them to the convention, so I don’t think there’s anything to complain about.

Why is this happening? Not since 1952 has a convention failed to produce a first-ballot nominee. (The 1976 Republican Convention, though, was so closely split between sitting President Gerald Ford and challenger Ronald Reagan that there was some suspense.) So why does it seem likely to happen now?

For reasons that are, by and large, good. In the past, late primaries have often been unrepresentative winner-take-all affairs, which generally allowed the leading candidate’s delegate count to go over the top. Also, campaigns were funded more by big donors who wanted a return on their investment, and so were unwilling to keep supporting a candidate with little chance to win. Now campaigns are funded more by small donors who remain loyal even if early results are disappointing (or by billionaires like Bloomberg and Steyer, who remain loyal to themselves). As a result, we have more candidates surviving deeper into the primary calendar.

If you imagine those two factors continuing into the future, we may have to get used to multi-ballot conventions again. They didn’t used to be controversial. (When I was first getting interested in politics as a teen-ager in the 1960s, contested conventions were recent enough that they were a regular feature of political novels like Fletcher Knebel’s Convention, or of movies like The Best Man.)

Abraham Lincoln, for example, was well behind William Seward (173.5 votes to 102) on the first ballot of the 1860 Republican Convention, but won on the fourth ballot. The 1932 Democratic Convention required a 2/3 supermajority, and it took four ballots for FDR to get there. In 1924 Democrats needed 103 ballots to nominate John Davis, who lost to Calvin Coolidge in the general election.

Not necessarily “brokered”. In the old days, conventions were dominated by well-established power brokers like the leaders of New York’s Tammany Hall and other big-city machines. Corruption was rampant and deals were cut without much concern for what the voters wanted. The early primaries were viewed as field tests of a candidate’s popularity, and weren’t central to the nominating process. It wasn’t until JFK’s 1960 campaign that primaries rose to prominence. (Lyndon Johnson went to the 1960 Convention as Kennedy’s main challenger, but had not campaigned in any primaries.) Nominations were decided in “smoke-filled rooms” where the power brokers cut deals.

As a result, we still refer to a convention without a first-ballot winner as a “brokered convention”, a pejorative term implying that some dirty deal is happening. But that needn’t be the case. A convention without a clear primary winner could instead function like a ranked-choice caucus, where delegates vote for their second or third choice when their first-choice candidate drops out.

There’s nothing unseemly about such a process, even if the candidate who enters the convention with a lead doesn’t leave with the nomination.

[1] In judging whether a scenario is fair, I think it’s important to imagine it happening to several candidates — not just to the one you particularly like or dislike. If it would be fair to deny Bloomberg the nomination in certain circumstances, then it would be fair to deny Bernie in similar circumstances. And vice versa.