Will the Nevada caucuses “disenfranchise” some voters?

N.Y. Sen. Hillary Clinton received considerable attention recently for criticizing the caucus process, specifically saying “in a situation of a caucus, people who work during that time -- they're disenfranchised.”  Much of the attention focused on Clinton’s comments was negative and inspired headlines like ABC’s “Clinton Bashes the Process Ahead of Nev. Caucuses.”  The Republican National Committee was also quick to jump on the comment, sending two e-mails to reporters highlighting Clinton’s criticism and saying in a statement:

“Senator Clinton’s criticism of the caucus process – in an attempt to spin her loss in Iowa – is yet another example of her pandering to whichever audience she is speaking to.  As a result, voters in Nevada have good reason to wonder what Clinton will have to say about the state after January 19th.” (Lindsay, 1/11, RNC)

With so much attention being paid to Clinton’s criticism, one question seems to have gone unasked.  Was it valid?

In most primary states, not only do voters have a much longer bloc of time during the day to vote, but are also permitted to cast absentee ballots.  Caucus states, however, require physical participation on the day of the caucus, a standard that is not possible for certain groups of voters.  Affected groups include uniform service-members serving out of the state, missionaries, and those unable to take time off of work to caucus.

Although eager to comment on Clinton’s criticism, Paul Lindsay, the RNC spokesman who has made an effort to raise this issue with Nevada reporters, was unwilling to comment on those registered Nevada Republicans who will not have a say in picking their party’s nominee for the president.

“I’m merely pointing out what she’s saying to you guys,” said Lindsay Friday.

While getting an accurate count of Nevadans serving overseas may be impossible, Nellis Air Force Base had 674 uniformed servicemen and women serving out of the state as of Jan. 9.  Additionally, the Nevada National Guard has 341 members serving out of the state currently including the 72nd Military Police Company, whose approximately 120 members deployed to Iraq Nov. 11.

Even more difficult to estimate is the number of Nevadans currently doing missionary or other charitable work outside the state.  In a state like Nevada with a 12 percent Mormon population, that number is likely to be considerable.

Certainly these groups include both registered Democrats and Republicans.

So will those voters be “disenfranchised?”

The short answer is no.  Party primary nominations do not fall under the protections of the voting franchise because they aren’t elections.  The 15th Amendment, which protects all Americans' right to vote and has been used to require states to take such actions as issuing absentee ballots and assuring handicap access to the polls, does not cover party primaries or any other type of non-governmental organization’s voting.

According to Steve Wark, spokesperson for the Nevada Republican Party, “The whole exercise of caucuses and primaries is to choose a party nominee.  It stands apart from the normal constitutional guarantees that we have as Americans to participate in the process.”

“Ten years ago,” Wark continued, “there was a Supreme Court case that said that political parties have the ability to transcend even legislative and statutorial regulations to create their own rules for how they want to do their own primaries and caucuses and choose their own presidential candidates.”

“Some people may think that one system is more fair than the other.  I happen to think that caucuses, from a body politic standpoint, are far more valuable than primaries are.  They demand far more from a presidential candidate in order to connect with constituents.”  Wark also named increased party cohesion as a benefit of caucusing.

“So, from a Republican standpoint, I would certainly argue that it’s far more fulfilling and enfranchising than a primary is.”

Kirsten Searer, communications director for the Nevada Democratic Party, also admitted that the caucus isn’t a perfect system, but stressed the effort Democrats have made to bring in as many eligible voters as possible.

“We’re holding it on a Saturday.  We are setting up at-large precinct caucuses on The Strip so that large concentrations of people who have to work on the nineteenth can still participate.  And we’re ensuring that all of our caucus sites are accessible.”

“We’re doing everything we can to make sure as many people can participate in the caucus process as possible.”

Wark did have one piece of advice for Nevadans who will not be able to participate on Jan. 19.

“Make sure that you have somebody from your family, from your neighborhood, a friend, represent your interests at your caucus and be a proxy for you, essentially,” said Wark.  “The other thing about caucuses, a fail-safe aspect, is that this isn’t binding, so whatever happens at the caucus, even if you don’t have a chance to participate, you certainly have the ability to speak to it if you can, if you’re in the area, at some point in the future.”