LAS VEGAS –A federal judge threw out a lawsuit
aimed at shutting down so-called “at-large” precincts to be set
up inside strip casinos for Saturday’s Nevada caucuses, insisting
that the Nevada Democratic Party has the right to set its rules
as it sees fit.
The decision by Federal Judge James Mahan could be a boon
to Senator Barack Obama’s chances here, allowing the creation
of precincts that are intended to help thousands of hotel-casino
workers to vote while at work rather than having to go to their
home precincts to participate.
Many hotel-workers are members of the 60,000-member Culinary
Workers Union 226, which last week endorsed Mr. Obama over rivals
Senator Hillary Clinton and former Senator John Edwards.
The lawsuit against the Nevada Democratic Party was brought
by six Las Vegas-area residents and the Nevada State Education
Association, whose president said the plaintiffs would not appeal.
The lawsuit has been seen as a proxy battle between Mr. Obama
and Mrs. Clinton because, while the NSEA has not endorsed any
Democrat, some of the organization’s top officials are Clinton
supporters. While the campaign has disavowed any involvement,
former President Bill Clinton said during a campaign stop Tuesday
that the at-large precincts are unfair to other voters.
They had argued that the at-large precincts allocate delegates
to the state political party convention at a rate 10 times that
of the rest of the caucuses. The plaintiffs also complained
that their creation was not passed through the proper party
process.
But Judge Mahan was dubious of the case from the start of
the 2-1/2-hour hearing, demanding that Mark Ferrario, the teachers’
union lawyer, show him a place in state law that sets forth
the process for presidential caucuses. Judge Mahan repeatedly
insisted, and then ruled as such, that the parties have a First
Amendment right to organize and operate as they wish, including
the ability to make some voters’ votes worth more than others.
“It’s not up to me to say you guys should have served iced
tea instead of coffee, as long as they don’t break the law and
say, ‘Oh, we’re not going to have any Presbyterians to vote,’
” Judge Mahan told Mr. Ferrario. “That’s not what’s happening
here.”
Mr. Ferrario also argued that the at-large caucuses, while
a well-meant move to increase voter participation, particularly
among the large number of Hispanic hotel workers, only helped
a certain set of voters to participate.
He said the NSEA, a union that represents teachers, administrators
and school support employees, wants school-related workers who
must staff the Las Vegas schools that are caucus sites to be
allowed to vote where they are working.
Judge Mahan said that seemed sensible but that “I don’t think
it’s up to me to impose that.” Indeed, Nevada Democratic Party
chairwoman Jill Derby rejected any new changes to the plans
for Saturday’s caucuses.
“This has certainly been an unfortunate distraction, but we
believe now that it is over we can look forward and have a successful
caucus on Jan. 19,” Ms. Derby said.
