Relevant Issues
The Bias of the Commission on Presidential Debates
Major questions remain regarding the equal
time requirements for television coverage of party versus independent
or third-party candidates. Yet in the commissions judgment, the
importance of television forums argues for erring on the side of
favoring the [Democrat & Republican] party nominating processes
rather than the rights of other candidates. This judgment, however,
may need to be reviewed during each presidential election, depending
on circumstances at the time.
Electing the President: A Program for Reform
Final Report of the Commission on National Elections, April 1986
The 2004 presidential election is the ideal time for
the American public to review this judgment and demand that the
Commission on Presidential Debates (CPD) invite third party candidates
to participate in the televised debates. After the exclusionary
practices of the CPD in the 1996 and 2000 elections and the unjust
subjective criteria used to exclude all political challengers, it
is apparent that this governing body is more dedicated to protecting
the status quo power of the Republican and Democratic nominees than
in promoting an educational forum for voters. More Americans identify
themselves as Independents (35%) than as either Republicans (32%)
or Democrats (31%) according to a poll conducted by CNN, USA Today,
and Gallup. Yet these 72 million Americans are routinely denied
access to the ideas of candidates that might represent their political
views. The mounting alienation of voters from the political process
in the United States cannot be overcome when debate among all viable
candidates is subverted.
To understand the inherent bias of the CPD one need
look no further than the final report of the Commission on National
Elections cited above. The genesis for the CPD is found within this
report and its language guarantees the ultimate protection of the
major two party candidates. The Commission on National Elections
urges the [major two] parties to assume responsibility for
sponsoring and otherwise ensuring that presidential candidate joint
appearances are made a permanent and integral part of the presidential
election process. To that end, the report encourages the two
parties to establish some entity, such as a joint committee,
to sponsor the presidential debates. Their recommendation led to
the creation of the Commission on Presidential Debates, displaying
the League of Women Voters as the host organization for the debates.
The Commission is headed by the former chairs of the Republican
and Democratic National Parties.
The CPD claims it is a nonpartisan entity with a mission
to ensure, for the benefit of the American electorate, that
general election debates are held every four years between the leading
candidates for offices of the President and Vice President of the
United States. The CPD explains that the Federal Election
Commission, its governing authority, requires it to extend candidate
invitations to the debates based on the application of pre-established,
objective criteria.
Defining Objective Criteria
Apparently the requirement that the CPD actual use
objective criteria to determine candidates eligibility
is optional. In 1996, an advisory committee to the Commission claimed
that Ross Perot should be excluded from the debates because he had
no realistic chance of winning, This is hardly a measurable
criteria. Reasonable and objective criterion can be found in the
requirements of ballot access in enough states to support a mathematical
chance of winning 270 votes in the Electoral College and proof of
federal election funding. Allowing a handful of journalists and
political scientists to declare that a third party candidate does
not have a realistic chance of winning is an opinion at best. The
evidence of such a claim cannot be proven before an election. However
in 1996, the CPD used the opinions of a select few to exclude both
Ross Perot and The Natural Law Party candidate Dr. John Hagelin
from the debates. These opinions superseded the fact that both candidates
had met all the other requirements for participation. Although Perot
and Hagelin filed a joint lawsuit against the CPD and the Federal
Election Commission, the judge ruled that the FEC had 120 days to
rule on the complaint before the courts could intervene. The FEC
chose to delay its ruling until after the election. Unfortunately
for the American people, justice delayed is justice denied. The
FEC Commissioners owe their appointed positions to the major two
parties and are dependent on their good will. This process allows
the Republicans and Democrats to protect their own interests while
eliminating any independent authority that might rule in favor of
third party candidates.
Seventy-six percentage of the American public,
according to a Lou Harris poll, wanted Ross Perot in the [1996]
debates so that the candidates would talk about something. But this
Commission, made up of Democrats and Republicans, took the wasted
vote strategy to a higher level and declared Ross Perot has no realistic
chance of winning.. Now how do you overcome, not the wasted vote
strategy, but the government saying, this candidate has no
realistic chance of winning.
Russell Verney
Former Reform Party Chairman
In the 2000 election, the CPD replaced the realistic
chance of winning argument with a criteria to indicate electoral
support. Candidates are now required to demonstrate a level of
support of at least 15% of the national electorate as determined
by five national public opinion polling organizations. It is a
classic Catch-22 that all five polls are commissioned by major print
and television media that require third party candidates to make
a showing in the polls before they will cover their campaigns. Yet
to make an impact with voters, candidates need media coverage. How
can voters indict support for third party candidates when there
is almost no information given about them or their platforms other
than their spoiler role in the election? Instead of asking voters
whether or not they would vote for a third party candidate, they
should be asked whether or not they favor the participation of other
candidates in the debates. The CPD avoids this polling question
because voters consistently indict that they want alternative political
voices in the national debates. This was true in last two presidential
elections. In an August 2000 Fox survey, 64% of those polled wanted
a four-way debate that included Green Party candidate Ralph Nader
and Reform Party candidate Pat Buchanan.
The CPD prefers to exclude third party candidates
because when they get equal treatment voters respond on Election
Day. Jesse Ventura went from less than 10% in the polls to the Governors
Mansion because Minnesota voters heard his views during the televised
debates and were afforded same day voter registration. The same
was true of Ross Perot whose polling numbers prior to the 1992 presidential
debates were between 5%-7% because he had dropped out of the
race that summer before committing to run. His independent candidacy
received a significant boost because of his lively debate appearances
and he went on to capture 19% of the popular vote. It was the best
showing of a third party presidential candidate since Teddy Roosevelt
ran under the Bull Moose Party.
Given the already cumbersome ballot access requirements,
the fact that minority parties have gathered millions of voter signatures
and are on the ballot is in itself evidence of electoral support.
Federal election funds are another indicator of electoral support
because it is based on prior popular vote percentages of at least
5%. If a party and its candidate are eligible for taxpayer money,
it would seem only logical that the requirement for demonstrating
electoral support in a random poll sample should also be 5%, and
not 15%.
Demanding Fair and Open Debates
With more than 200 candidates announcing their presidential
campaigns, clearly some criteria is needed to determine who should
rightfully participate in the debates. However, the Commission on
Presidential Debates has gone beyond what is reasonable and objective
in determining eligibility. If the true mission of the CPD is to
hold debates that benefit American voters, then it must eliminate
the illegal and subjective criteria systematically used to exclude
all other candidates. If only the CPD were as interested in the
ratings. Sixty-six million Americans tuned in during the 1992 debates,
but viewership dropped by 38% when only the Republican and Democratic
candidates were invited to participate in 1996. In 2000, NBC decided
a baseball game was of more interests to its viewers than one of
the three debates between George W. Bush and Al Gore.
Historically, third party candidates put important
issues on the table that are typically ignored by the major two
parties and those issues draw in millions of nonvoters who do not
feel that their concerns are being addressed by the ruling parties.
We have the right to hear these alternative voices. The hierarchy
of the Commission on Presidential Debates will continue to favor
the major two parties unless the emerging Independent plurality
demands change. Americans are entitled to hear fresh ideas and innovative
approaches to the problems plaguing our nation especially when these
problems linger from election to election. The Democrats and Republicans
have repeatedly demonstrated that they are more beholden to special
interest money than to the will of the people. We must demand our
right to know who these alternative candidates are and what visions
they hold for our future. Anything else hinders are ability to make
informed choices on Election Day about the direction we want our
country to take
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