Cynthia McKinney - First Terms in Congress - 2002 Primary Defeat

2002 Primary Defeat

In 2002, McKinney was defeated in the Democratic primary by DeKalb County judge Denise Majette. Majette defeated McKinney with 58% of the vote to McKinney's 42%.

McKinney protested the result in court, claiming that thousands of Republicans, knowing they had no realistic chance of defeating her in the November general election, had voted in the Democratic primary against McKinney in revenge for her anti-Bush administration views and her allegations of voter fraud in Florida in the 2000 presidential election. Like 20 other states, Georgia operates an open primary: voters do not align with a political party when they register to vote and may participate in whichever party's primary election they choose. Thus, relying on the Supreme Court's decision in California Democratic Party v. Jones, which had held that California's blanket primary violated the First Amendment (despite the fact that the Court explicitly differentiated — albeit in dicta — the blanket primary from the open primary in Jones), on McKinney's behalf, five voters claimed that the open primary system was unconstitutional, operating in violation of the Equal Protection Clause of the Fourteenth Amendment, the associational right protected by the First Amendment, and various statutory rights protected by § 2 of the Voting Rights Act.

The district court dismissed the case, noting that the plaintiffs had presented no evidence in support of the 14th Amendment and Voting Rights Act claims, and lacked standing to bring the First Amendment claim. It interpreted the Supreme Court's Jones ruling to hold that the right to association involved in a dispute over a primary — and thus, standing to sue — belongs to a political party, not an individual voter. On appeal in May 2004, the Eleventh Circuit Court of Appeals upheld this result in Osburn v. Cox, noting that not only were the plaintiffs' claims meritless, but the remedy they requested would likely be unconstitutional under the Supreme Court's decision in Tashjian v. Republican Party of Connecticut. On October 18, 2004, the Supreme Court brought an end to the litigation, denying certiorari without comment.

Other factors in her defeat were her controversial statements regarding Bush's involvement in 9/11, her opposition to aid to Israel, a perceived support of Palestinian and Arab causes, and alleged antisemitism by her supporters. and on the night before the primary election, McKinney's father stated on Atlanta television that "Jews have bought everybody ... J-E-W-S." Cynthia McKinney had been through a long contentious relationship with the American Israel Public Affairs Committee, and commentators such as Alexander Cockburn allege that money from out-of-state Jewish organizations, angered by her stand on Middle East issues, was key in her election defeat. Cockburn also wrote that "Buckets of sewage were poured over McKinney's head in the Washington Post and the Atlanta Constitution." According to the Anti Defamation League, McKinney's use of the New Black Panther Party as security, given that organization's use of antisemitic and racist invective, and her failure to distance herself from that group, are "troubling." Georgia political analyst Bill Shipp addressed McKinney's defeat saying "voters sent a message: 'We're tired of these over-the-top congressmen dealing in great international and national interests. How about somebody looking out for our interests?' "