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10/22/2004: "More on Nixon"

There was a time when Democrats were the party that occasionally stole elections. Lyndon Johnson very likely stole his 1948 victory in the Texas Democratic primary, which launched his Senate career. President Kennedy actually joked about the notorious vote rigging in Chicago, which quite possibly tipped Illinois to him in 1960. (He would have won the Electoral College very narrowly without Illinois.)

It was Richard Nixon, that scoundrel's scoundrel, who resisted the temptation to mount a court challenge to the Illinois result because he felt the country couldn't take it. Imagine longing for the days when we had Republican leadership as principled as Nixon's.

But the days of urban Democratic machines that voted dead people are long gone. The press has reported isolated abuses, such as a few Florida snowbirds trying to register in more than one state. But any fair comparison of election abuses this year will reveal that one party is expending energy to register as many supporters as possible and assure that that their votes will be counted, while the other one is registering its supporters but also systematically trying to keep the opposition's votes from being cast. There is simply no comparable Democratic program of ballot suppression.

Maybe we should invite election observers from Afghanistan and Iraq.

We may not know the winner until the Electoral College meets in December, and perhaps not even then if contested elections are still tied up in court. It's not even clear whether the ultimate arbiter would be the Supreme Court or the House of Representatives.

If the courts took away the people's right to choose the president, and George Bush in effect stole two elections in a row, this would surely produce a constitutional crisis and a crisis of legitimacy.

But what if they gave a constitutional crisis and nobody came? The most ominous outcome of all would be public passivity, echoing 2000. That would confirm that the theft of our democracy was real.

Call me partisan, but the best insurance against this horrific outcome would be a Kerry win big enough so that even Karl Rove would not dare to mount this maneuver. A razor-thin race virtually invites it. And if Bush wins handily, our democracy will have other problems.

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