Jon Chait makes the first obvious point about Rich Lowry’s silly attempt to claim that there’s some contradiction between Democratic arguments that ballots that indicated the intent of the voter should be counted in Florida 2000 and the position of many Democrats about current dispute over the Democratic nomination: the argument was that Gore was cheated of the presidency because in a fair contest in Florida he would have won the electoral college. Similarly, had 200,000 votes shifted in Ohio in 2004 Kerry would have been entitled to the presidency despite losing the popular vote. These results would (in my view) be good reasons to get rid of the electoral college, but not for changing the rules after the fact. Lowry tries to manufacture a contradiction by attributing Clinton’s attempted ex post facto change in metrics to the Dems in 2000, but that won’t fly.
In addition, however, the analogy is also null because (especially in Michigan) the Clinton campaign wants to count the results of a “primary” that obviously does not offer a meaningful recording of voter intent. To believe that the ballots cast in a multi-candidate election conducted according to agreed-upon rules should be interpreted when possible to count votes that make a voter’s intent clear hardly requires the counting of ballots in an election with one major candidate on the ballot that every candidate and the authoritative decision-maker claimed wouldn’t count. Elections in North Korea don’t suddenly become legitimate even if every ballot for Kim Jong-il is, in fact, counted, and people who wanted to “count all the votes” in Florida in 2000 are not required to include online straw polls in presidential election counts in 2008. And, therefore, Lowry’s argument makes no sense.