California's Egg Producing Industry Seeks Legal Clarification On Just-Passed Law Eliminating Small Hen Cages

Small or battery hen cages like those pictured above will be outlawed in California beginning in 2015 under the just-passed Proposition 2 ballot measure.

U.S. Election 2008 Special Report

From the Fresh & Easy Buzz Editor's Desk:

Yesterday we reported in this original story, "California Voters Pass Ballot Measure to Eliminate Battery-Style Cages For Egg-Laying Hens By A 26% Margin; Small Cages to Be Eliminated in 2015," that on Tuesday California voters approved Proposition 2, the "Standards for Confining Farm Animals" act, which will require the state's egg producers to house egg-laying hens in enclosures that allow the birds to to lie down, stand up, extend their limbs and turn around, beginning in 2015.

We also pointed out in yesterday's piece California's egg producers weren't taking this new, voter-approved law lying down. Rather, that they would likely challenge the new law in one form or another, including possibly taking it to court.

While the industry hasn't filed a lawsuit or attempted to obtain an injunction against Proposition 2 yet (it is only one day after the full election results are in after all), which passed by a 63% (approved) -to- 37% (against) margin by California voters, the Modesto (California) Bee newspaper is reporting in this morning's edition the state's egg producers are planning to seek clarification, perhaps by a judge or state regulators, on the "actual" language of the new law.

The industry says it will seek this clarification (it says the law's language on what type of enclosures are required is vague) on this language before deciding how to react to the new law, which will outlaw small or battery-style hen cages in 2015.

Jill Benson, vice president of Modesto, California-based J.S. West & Cos., which is one of the state's largest egg producers, says options in terms of reacting to the new law include complying with the measure, if it is interpreted favorable (by the industry one assumes), or moving the small-cage egg operations to other U.S. states or even countries.

In our piece yesterday we also suggested the Humane Society of the Unites States, which was the chief backer of Proposition 2 in California, would use the success of the ballot measure's wide margin of victory in the Golden State as a springboard to attempt to get similar laws passed in other states. A spokesperson for the Humane Society of the United States says in the Modesto Bee story (published below) the group plans on doing just that.

Stanislaus County, where Modesto is located, and next door Merced County, are the top two egg producing counties in California. California is the number five egg producing state in the U.S.

Below is the story from this morning's Modesto Bee:

Egg producers seek clarification on hen cage rules

By John Holland
Modesto Bee
November 6, 2008

California egg producers lost Tuesday's battle over Proposition 2, which bans small cages for laying hens, but they are not done yet.

The measure's language is unclear about just what enclosures will be allowed as of 2015, when it takes effect, said Jill Benson, vice president of J.S. West & Cos. of Modesto.

She said the industry will seek clarification of the wording, possibly by a judge or state regulators, before deciding how to react.

The options include complying with the measure, if it is interpreted favorably, or moving the small-cage operations to other states or countries, she said.

"We as a company and as an industry still have a lot of questions," said Benson, whose business produces about 1.2 million eggs a day. "It's a very vaguely worded and poorly conceived initiative."

The measure took aim at standard industry cages that allow as little as 67 square inches of floor space per hen, less than a sheet of letter paper. Each cage typically has a half-dozen hens.

Proposition 2 requires that hens have enough space to stand up, turn around and flap their
wings without touching each other or the cage walls.

Egg industry leaders take this to mean that all the hens in a cage must have enough room to move freely at once, meaning about 5 square feet would be needed per bird.

The measure's sponsors, led by the Humane Society of the United States, say the wording merely requires that some of the hens be able to move freely at one time.

The measure drew support from 63.2 percent of the voters.

"Together, we fought for the humane treatment of animals, and we won," Wayne Pacelle, president and chief executive officer of the Humane Society, said in a news release. "We are changing the lives of so many animals, and we have made history."

Other bans might be sought

Yes-on-2 campaign manager Jennifer Fearing said the 6 million-plus votes in favor indicate a large potential market for eggs produced without the small cages.

"We have confidence in California farmers as innovative, adaptive people," she said, "and we have confidence in California consumers."

She said the Humane Society will seek similar bans in other states, preferably through legislation rather than ballot measures, but is not looking at other efforts involving California farm animals.

Proposition 2 failed to win a majority in the Northern San Joaquin Valley, which accounted for nearly 60 percent of the state's egg production last year.

Industry leaders say hens prefer tight quarters, which protect them from disease and injury while allowing natural behavior.

They also say eggs from alternative systems, used in less than 10 percent of production, are too expensive for most consumers because of the extra costs for housing and labor.

"To retool an aging industry in this economy is really challenging," said Rich Matteis, administrator of the California Farm Bureau Federation. "People don't have a lot of money to make investments."

California Voters Pass Ballot Measure to Eliminate Battery-Style Cages For Egg-Laying Hens By A 26% Margin; Small Cages to Be Eliminated in 2015

U.S. Election 2000 Special Report

California voters have approved ballot initiative Proposition 2, which will set certain living standards for egg-laying hens, by a whopping 63% (for the measure) to 37% (against) in yesterday's election, according to the final results tabulated today.

Under Proposition 2, called the "Standards for Confining Farm Animals" act, California's egg-producers, along with farmers who raise veal calves and sows, will be required to provide larger cages (hens) and eliminate small breeding crates (veal calves and baby hogs) for the animals beginning in 2015.

The new law applies primarily to the state's egg-laying hens because few if any California farmers raise veal calves, and most farmers have already phased-out raising sows in small-breeding crates, although those who haven't will be required to do so starting in 2015.

The measure will outlaw small or battery-type hen cages in California. Currently the majority of egg-laying hens raised by farmers in the state are done so in the battery cages.

Beginning in 2015, farmers will be required to house the egg-laying hens in a way that allows the birds to lie down, stand up, extend their limbs and turn around. The current small cages don't allow for any of this behavior. The cages are such that the hens' movement is completely restricted.

Proposition 2 was sponsored by the Humane Society of the United States. Other supporters included the Farm Sanctuary animal rights group based in New York, the United Farm Workers union, the California Veterinary Association and a few other groups and associations.

The ballot measure also received some high-powered support from comedian and television talk show host Ellen DeGeneres, who lives in Southern California, as well as from a unique source, the nationally syndicated comic strip Mutts, which ran a series of pro-Proposition 2 comics in October in the strip.

Opponents of Proposition 2 were lead by industry trade associations, including the United Egg Producers and the California Poultry Association.

The California Grocers Association, the trade group for California's food and grocery retailing chains and independents, also opposed the ballot measure.

However, none of the state's supermarket chains or major independents publicly opposed the measure on a corporate level.

It appears they were smart not to since Proposition 2 won by a more than 60% -to 40% ratio, meaning far more California consumers/voters supported the larger cages for hens than opposed it. For retailers, coming out publicly on a corporate basis in opposition to the ballot measure could have angered numerous consumers (who shop in their stores), perhaps resulting in their boycotting any chain that publicly showed opposition to the measure. If you didn't know before, now you know one of the reasons industry trade groups exist.

Both sides, Proposition 2 supporters and those against the measure, raised and spent between $6 -to- $10 million dollars to argue their respective positions in California's news media and on the ground in grass roots campaigns. That amount of money could buy a lot of eggs.

Most of the state's major newspaper editorial boards, such as the San Francisco Chronicle, the Orange County Register, the Sacramento Bee, Fresno Bee, Modesto Bee and others, wrote editorials in opposition to Proposition 2's passing before the election. However it appears this did little to influence California voters who passed the measure by a wider margin than polls and pundits had indicated would be the case.

California's egg-laying industry and its trade associations say eliminating the battery cages will essentially put them out of business.

There main argument is that the costs to them of having to house the hens in larger areas will put them at an economic disadvantage against out of state farmers who still can use the small cage method. They say these out of state egg producers will undercut their prices, shipping the battery cage-produced eggs into the state at lower costs to retailers and food service operators.

The state's egg-producing industry also argues, and offered some research from the University of California at Davis to back up their argument during the campaign, that keeping the hens in the small cages helps prevent viruses such as avian or bird flu. Other research though says any evidence in this regard is inconclusive.

Supporters of the measure say the state's egg industry is overestimating the additional economic and overhead costs of housing the hens in larger enclosures. They say doing so will add no more than a penny or two an egg to the cost of operations and thus to the price of a dozen eggs in the supermarket.

Supporters also argue the battery cages restrict the hens from their natural behavior which includes grooming, turning around and in general being able to have at least a minimal amount of physical movement.

Proposition 2 supporters also are saying today the California egg industry should look at the 60-plus% voter support in a positive way, suggesting to them it means the majority of California consumers want and are willing to pay more for eggs produced by hens able to move around in their living spaces.

Eggs produced by hens houses this way can legally be labeled as "cage free" in California. Such eggs command a premium price in grocery stores.

Of course, beginning in 2015 when the new law goes into affect, if not challenged in court by the state's egg industry, which could happen, all California-produced eggs will be "cage-free." Therefore there won't be a cheaper alternative like there is now -- battery-raised and "cage-free."

"Free-range" eggs are different. In order to label eggs as "free-range" in California the hens must literally be allowed to wonder outside -- to be "free-ranged."

Eggs can be labeled "cage-free" even if the hens are enclosed inside. The birds just have to be housed so they can move around like the language of Proposition 2 describes.

"Free-range" eggs, which also most often are organic, command an even higher premium than "cage-free" eggs do in supermarkets and natural foods stores.

California is far from the number one egg-producing state in the U.S. That ranking goes to Iowa, followed by Ohio, Indiana and Pennsylvania. California ranks as the fifth-largest egg-producing state. Texas is sixth, followed by Florida, Nebraska, Minnesota and Georgia, rounding out the top ten U.S. egg-producing states.

Another argument supporters of Proposition 2 make is that since these other top nine egg-producing states are all many hundreds and thousands of miles away from California, it isn't likely many of them will attempt to ship eggs into the state because with the high cost of fuel and the perishable nature (refrigerated truck meaning more costs) of the product, the costs of doing so will eat up any savings from raising the hens in the old-style battery cages these out of state producers may enjoy.

The California egg industry counters, saying they disagree. They also suggest what will happen is many of these out of state egg-producers, as well as many currently operating in California, will set up operations in states close to California such as in Nevada where no such law exists, then ship the small-cage-raised eggs into the state. In many cases shipping product of any kind from parts of Nevada into California is as close or closer, depending on the shipping point in the state, than shipping from various parts of California (say north to south) to other parts of the massive state.

The primary reason the Humane Society of the U.S. and its allied groups targeted California for what is now the most stringent anti-battery cage-use law in the nation, is because the state's ballot initiative system allows for groups to put such measures on the ballot and go directly to the voters rather than try to get a similar law passed by the state's lawmakers in Sacramento. The groups tried that route for years but were unable to achieve legislation.

The movement to eliminate battery cages is a global phenomenon. For example, the European Union's member states have all already outlawed the practice beginning in 2012. Those countries include the United Kingdom, France, Germany and numerous others.

It's expected the Humane Society of the U.S. and its allies will use the just passed Proposition 2 as their model to get similar laws passed in other egg-producing states. If you are looking for a target list, just use the top ten egg production states we listed above. They account for the majority of all eggs produced in the U.S.

In most cases the groups will have to attempt to get the state legislatures in the other states to pass laws to eliminate the battery cages for egg-laying hens. That's because few other states have a direct-to-the-voter ballot initiative system like California's.

The groups however are betting they can use the strong success of the measure in California to leverage various state legislatures into writing similar bills and passing them now that California, which not only is the state with the largest population and is the nation's number one agriculture-producing state, is also know as a pioneering state when it comes to passing new legislation of all kinds, and particularly in the areas of food, agricultural and animal rights policy.

Tesco's Fresh & Easy Neighborhood Market is headquartered in Southern California, as is distribution center. About half of the grocery chain's current 97 stores also are located in the Southern California region, with the remaining stores located in Nevada and Arizona.

Fresh & Easy procures California-produced eggs for sale in its stores, packaging and selling them under its fresh & easy store brand. The stores sell eggs raised in battery cages, along with selling "cage-free" and "free-range" eggs, including organic.

Most eggs sold in California supermarkets, natural foods stores and other retail formats like drug chain stores that sell the products, come from California. These include eggs produced by battery cage-raised hens, along with "cage-free" and "free-range" varieties.

The majority of eggs produced in state are from the Central Valley, specifically Merced, Stanislaus, San Joaquin and Fresno counties.

Northern California's Marin, Sonoma and Napa counties, as well as a few others also produced eggs, particularly "cage-free," "free-range" and organic.

In fact, it was a number of small egg-producers in these areas who were among the first in the United States to reintroduce eggs from hens not confined in small cages many years ago.

California's natural foods stores were at one time the only retail outlets where consumers could buy these types of eggs. However, beginning in the mid -to- late 1980's (with just a few key independents and chains), and increasing dramatically over just the last few years, most supermarkets in the state now offer at least one variety of "cage-free," free-range" and organic egg brands, including under their own store labels, for sale.

[Note: Each of the Proposition 2 camps, those for the measure and those against, have Web sites where they have posted comments about the ballot measure's passage.

The pro-Proposition 2 camp's, and winners, Web site is at: www.yesonprop2.com.The opponents, and now losing camp's, Web site is at: www.safecaliforniafood.org.]

U.S. Farm & Food Policy Under President Obama: What Will Obama Do as America's 'Farmer in Chief?' Writer Michael Pollan Offers Some Policy Ideas

U.S. Election 2008 Special Report

From the Fresh & Easy Buzz Editor's Desk:

In 76 days President-elect Barack Obama will be sworn in as the next President of the United States.

As President he will face a host of serious issues, ranging from a financial crisis and recession at home, to war abroad.

The next U.S. President also will face an America where over the last year the price of food at the supermarket has soared by double-digits, which taken with the other economic problems the country is experiencing is seriously affecting consumers, along with farmers, agribusiness and the food and grocery industry.

President-elect Obama also will face a global food crisis in which far more people throughout the world, especially in the third world, are hungrier than was the case eight years ago. And as the leader of the world's leading economy he will be expected to play a major role as President in solving this crisis.

The food and grocery industry Blog Natural~Specialty Foods Memo published the piece reproduced below yesterday (before the Presidential election results were in) about a new farm and food policy proposed by popular writer and food policy advocate Michael Pollan.

The writer addressed his policy proposal via an article in the New York Times to the next U.S. "Farmer in Chief." Since Barack Obama will assume that title, at least along with the title of President and Commander in Chief, in late January, 2009 -- and since according to the piece now President-elect Obama has read and commented on some of Pollan's policy ideas -- it's possible we could see a partial or major shift in America's agricultural and food policy under an Obama Administration. Or we could at least see some increased attention and focus paid to it, which the Bush administration really hasn't done in its eight years in office.

Below is the post from yesterday's Natural~Specialty Foods Memo:

Food & Farm Policy Memo USA: Barack Obama Responds to Michael Pollan's Policy Agenda For the Next 'Farmer in Chief'
Natural~Specialty Foods Memo: November 4, 2008

As we write this piece, America's voters are either at the polls, getting ready to vote, or have already voted, since about 30% voted early in the 30 U.S. states that permit early voting.

And as America prepares to learn who the nation's next President will be, the country faces a host of serious challenges at home and abroad. These challenges include: the worst financial crisis since the great depression; an economic recession; engagement in two wars; record federal government budget red ink; growing unemployment; a broken health care system; soaring food prices; and a host of other problems and challenges.

Whichever candidate is elected -- Democrat Barack Obama or Republican John McCain -- he will face more domestic and global challenges than any other President in modern history has upon taking office.

The most pressing issue as evidenced by polls of the American people is the economy. Consumer confidence is at historic lows, the credit markets remain frozen despite an injection of $700 billion of taxpayer money, people fear their jobs might be gone tomorrow, and to borrow a word from former President Jimmy Carter, economic malaise is beginning to set in across America.

The economy has been the primary issue during the last 4-5 weeks of the Presidential campaign, with little room really for discussion of anything else. This is probably as it should be considering how the economy is the master of all else -- and how deep of a hole it is in.

However, among the other serious issues facing the next President is food and agricultural policy in America, which is something both Barack Obama and John McCain have talked very little about, if at all, during the long Presidential campaign, which comes to an end today, election day 2008.

Michael Pollan, the University of California at Berkeley journalism professor, author ("The Omnivore's Dilemma" and other best selling books about food and agriculture food policy) and national advocate for a new approach to food and farm policy, is a person who has given much thought to the lack of discussion and debate in this election year regarding agricultural and food policy.

A few weeks ago Pollan expressed his views on the lack of food and farm policy debate in an article in the New York Times in the form of an open letter to the next President about food and farm policy in America.

You can read Pollan's "An Open Letter to the Next President" article from the Times' at this link: Michael Pollan Proposes A "Sun-Food" Agenda In Open Letter To Next U.S. President. Pollan calls this agenda for the next President, who we should soon learn is going to be, the "Sun Food" agenda, as the article about the next "Farmer In Chief" lays out.

It appears that although he hasn't been talking much during the campaign about food policy, one candidate and the potential "farmer in chief", Barack Obama, did pay attention to Michael Pollan's article and "Sun Food" agenda.

Appearing recently on National Public Radio (NPR), Pollan said he was approached by a member of Barack Obama's campaign staff about his New York Times article and his "Sun Food" Agenda for the next U.S. President. [Links to Pollan's NPR interview here: National Public Radio and here: New York Times article, Farmer in Chief.

According to Pollan, the Obama staffer asked him to distill the article into a one or two page summary so the campaign staff member could present it to Obama to read and review. Pollan said no, telling the staffer if he could have presented the agenda for the next "farmer in chief" in a page or two he wouldn't have bothered to write an 8,000 word article about it. After all, the article is online -- and isn't that what staffers are for? To write summaries of various articles and position papers for Presidential candidates?

Despite Pollan's decision not to summarize his 8,000 word article, which turned out to be the smart thing to do, it appears Barack Obama read the author's entire New York Times' article himself.

In an October 23, 2008 interview with Time magazine writer and columnist Joe Klein, Obama refers to the article, explaining how Pollan's ideas fit into his concept of a new energy economy. Obama has said if elected President he would invest at least $15 billion a year for the next few years, creating an Apollo-type energy program focusing on alternative and renewable energy such as solar, wind, geothermal and other forms, as well as investing in new automotive technologies and conservation and related "green" programs, creating millions of jobs in the process.

Below is a summary of what Obama told Joe Klein in the interview regarding his energy policy, the new energy economy he is proposing, and how Pollan's "Sun Food" agenda for the next President fits into it:

"There is no better potential driver that pervades all aspects of our economy than a new energy economy. I was just reading an article in the New York Times by Michael Pollen about food and the fact that our entire agricultural system is built on cheap oil. As a consequence, our agriculture sector actually is contributing more greenhouse gases than our transportation sector. And in the mean time, it's creating monocultures that are vulnerable to national security threats, are now vulnerable to sky-high food prices or crashes in food prices, huge swings in commodity prices, and are partly responsible for the explosion in our healthcare costs because they're contributing to type 2 diabetes, stroke and heart disease, obesity, all the things that are driving our huge explosion in healthcare costs. That's just one sector of the economy. You think about the same thing is true on transportation. The same thing is true on how we construct our buildings. The same is true across the board."

Read the full Barack Obama-Joe Klein 'Time' interview here.

In our analysis and opinion there's a near 100% synergy between energy policy and food and agricultural policy in the U.S.

For example, one of the primary drivers of the soaring price of food over the last year is the rapidly-rising price of oil and the resulting sky-high price of fuel. The fact the price of oil has dropped nearly 50% over the last few months is only a short-term band-aid fix. It will go back up again, especially if the U.S. fails to embark on a massive program designed to achieve energy independence like Barack Obama is proposing.

These high fuel prices, and the uncertainty they have created, are being felt throughout the entire food supply chain, from the farm to the supermarket, along with in American consumers' pockets and what's left of their bank accounts.

One thing we do suggest to Senator Obama and team if he is elected today is to remember America's agricultural and food industry is arguably the nation's most important and most responsible.

For example, unlike the financial services and auto industries, and probably a few others soon, America's agricultural and food industries aren't asking the federal government to bail them out with taxpayer dollars, even though a number of companies are experiencing tough times. Like the rest of America's businesses and individuals they are helping to pay for bailing out these industries.

Additionally, America's agribusiness companies and farmers, as well as its food and grocery manufacturers, distributors and retailers -- all vital national enterprises -- haven't behaved in a way that's found them financially leveraged to the hilt. Rather, most of these companies and family farmers operate, grow and behave in financially prudent ways. Compare this to many of America's big banks and financial institutions, for example.

Therefore, we encourage what in just a few hours could very well be the new U.S. Presidential Administration to make sure it does all it can to work with and protect America's farmers, agricultural and food and grocery industry businesses during any new energy-agricultural policy shift. This is a policy shift, a focus on new energy sources, we agree with.

And if a new agricultural and food policy is a part of this policy shift, which we agree with in the main except for some particular details, then America's agricultural and food industries, which have in the main been ethically good players, employers and agents for the consumer in the economy, need to be considered, listened to and involved in developing this new policy.

Meanwhile, if Barack Obama is elected President today, it will be refreshing to have an American President who actually reads the newspapers. Since his first term in office, President George W. Bush has proudly said he doesn't read the papers. Perhaps that's how he missed the fact financial crisis was on the way? Or that Hurricane Katrina could be devastating? Or that OPEC was cutting oil production so it could jack up the price of oil?

[Photo Credit: the photograph of Barack Obama at the top of this piece is by Charlie Neibergal. Courtesy: Associated Press.]

President-Elect Barack Obama Achieves A Decisive Victory, Demonstrating Americans Want Change and A New Direction For the Nation

U.S. Election 2008 Special Report

Wednesday, November 5
1:10pm eastern time, 10:10am pacific time

Election 2008 Results [Click on the link for updates every 5 minutes]

Election results with 97% reporting:

McCain (R)

Total votes: 55,821,650

Total % of vote: 46%

Electoral votes: 147

Obama (D) [Winner]

Total votes: 63,112, 190

Total % vote: 52%

Electoral votes: 349

With 97% of all U.S. precincts now reporting, Democrat Barack Obama has achieved a decisive victory in both the electoral and popular vote over his Republican rival for the U.S. Presidency, John McCain.

Obama has 349 electoral votes. That's 79 more than the needed 270 to become President. Obama's 349 electoral vote total is far more than President George W. Bush (the 43rd President) received in both 2000 and 2004. It's also more than Democrat Bill Clinton received in his victory over President Bush's father, George H.W. Bush, in 1992.

President-elect Obama achieved a solid six percentage point winning margin in the popular vote, which is on of the highest percentage popular vote margins in modern Presidential election history.

Barack Obama also accomplished something that has eluded Democrats for many decades -- he won a number of what have traditionally been solid Republican or red states. These states include: Virginia, Florida, Ohio, Nevada, Colorado, New Mexico and Montana.

Most startling is how President-elect Obama has changed the national electoral map in the Western U.S., changing Nevada, Colorado, New Mexico and Montana from red to blue (Democratic.) These four states now join traditional Democratic blue states in the west, California, Oregon and Washington state, making it clear that at least this year the majority of voters in the west are solidly Democratic.

For complete results of the election and Barack Obama's victory, view the national electoral map here: Election map: Results.

Below is an analysis of President-elect Obama's victory [Just click the links to read]

Analysis: Strong, 21st-century campaign.

To read an analysis of some of the things that went wrong with the McCain campaign, click on this link: Analysis: McCain derailed by market, missteps, Bush.

Now that he is the 44th President of the United States, and will be sworn into office in 76 days, Barack Obama faces numerous challenges, chief among them the financial crisis and recession at home, and two wars abroad. Read about those and other challenges the next U.S. President faces here: Hard challenges ahead.

Last night, President-elect Obama spoke to a crown estimated at about 200,000 in Chicago after learning he would be the next President of the United States. You can read the key excerpts from his speech last night here: Best of Obama's speech.

Defeated Republican candidate for President John McCain also spoke to supporters last night in his home state of Arizona after learning he had lost his eight-year quest for the Presidency, which found his losing the Republican nomination to George W. Bush in 2000 and after getting his party's nomination in 2008, losing the general election to Barack Obama.

Senator McCain, who says he plans to return to the United States Senate representing Arizona, urged his supporters to support President-elect Obama, calling him "his" President, and saying he would do all he can as a U.S. Senator to work in a bi-partisan way to help the new President solve the many problems and face the numerous challenges facing the United States. Read what Senator John McCain has to say last night here: McCain: Support Obama.

Below are links to a variety of stories, analysis, opinion pieces and editorials you might find of interest:

News, analysis & opinion

What Obama Means to This Nation - Anna Quindlen, Newsweek...From King to Obama, the Nation Heals - John Kass, Chicago Tribune...The Obama Revolution - John Harris and Jim VandeHei, Politico...Near-Flawless Run - Nagourney, Rutenberg and Zeleny, New York Times...Obama Won with Clear Message of Change - David Brody, The Brody File...Decisive Win Gives Dems New Clout - Susan Page, USA Today...Bipartisanship Could Help Victorious Democrats - Gerald Seib, WSJ...

Conservatism Faces Challenges Ahead - Philip Klein, American Spectator...America the Liberal - John Judis, The New Republic...Obama's Post-Racial Promise - Shelby Steele, Los Angeles Times...Will a Black President Heal the Racial Divide? - T.D. Jakes, Time...Hail to the Chief - Michael Gerson, Washington Post...

Transformational Presidency - Katrina vanden Heuvel, The Nation...Audacity Wins - Roger Simon, Politico...Republicans Got the Thumping They Deserve - Rod Dreher, NPR...Could Anything Have Prevented McCain's Defeat? - Byron York, NRO...How Obama Bent the Arc of History - John Dickerson,

SlateElection Results: President Senate House / Videos: Obama McCain: RCP Blog: The Journey Begins Editorials / Politics Nation: Strat Memo.

Editorials:

President Barack Obama - Washington Post...America Turns the Page - Boston Globe...Voters Rebuke Republicans for Economic Failure - Wall Street Journal...From Slavery to Obama - Chicago Sun-Times.

Speeches, comments & interviews:

President Bush on Obama's Victory - George W. Bush...Obama's Victory Speech - Barack Obama...McCain's Concession Speech - John McCain...Obama Interview with Katie Couric - CBS Evening News...Interview with Cindy McCain - Larry King Live.

From the Blogosphere:

We Will Be Back - Mike Huckabee, Next Right...What Obama's Win Means - Tom Matzzie, Huffington Post...Gird Your Loins, Conservatives - Michelle Malkin...Hillary's Grace - Kevin Drum, Mother Jones...It's the Economy Stupid, Kinda - Noam Scheiber, The Stump

From the United Kingdom:

Obama Victory Will Change America - Bonnie Greer, The Telegraph...Four Reasons Why US Went for Obama - Daniel Finkelstein, The Times...Obama Faces A Dangerous World - Bridget Johnson, Pajamas Media...America Has Come a Long, Long Way - Jonathan Steele, The Guardian...What I Will Miss About President Bush - Int'l Herald Tribune.

From the world of finance:

Economic Change I Believe In - Thomas Cooley, Forbes...Obama Must Save Economy, World Too - David Callaway, MarketWatch...Obama, and An Economically Scared Electorate - A. Vargas Llosa, TNR...Obama's Victory: Lessons for Business - Jack & Suzy Welch, Business Week...Voters Got Statism They Desire - Redenbaugh & Juliano, RealClearMarkets

From the sports pages:

Athletes of Color Paved Way for Obama - Mike Bianchi, Orlando Sentinel...Michael Jordan Backed Obama - Johnette Howard, Newsday...Tomorrow We All Wake Up Americans - Curt Schilling, 38 Pitches.

[Photo Credit: Associated Press.]

U.S. Organized Labor, Including the UFCW Union, is Feeling Good Tonight About A President Obama and Stronger Democratic Majority in Congress

America's organized labor movement, including the United Food & Commercial Workers (UFCW) union which represents about 13 million unionized supermarket workers in the U.S., Canada and Puerto Rico, is celebrating tonight's Presidential victory by Democratic Party candidate Barack Obama, along with celebrating the fact Democrats are picking up numerous new seats in the U.S. House of Representatives and U.S. Senate.

Organized labor, which supported President-elect Obama 100% in this year's election once he received the Democratic Party nomination, played a key role in his Presidential campaign, mobilizing tens of thousands of union members to work telephone banks, conduct door-to-door grass roots organizing efforts and drive voters to the polls, along with donating millions of dollars to Obama's winning campaign for President.

America's labor unions also were key in working with the Democratic Party to help win numerous new seats in the House of Representatives and Senate. Democrats have thus far tonight picked up new seats in many states in what have been traditional Republican states, including defeating a number of once-popular Republican Congress members and Senators. And with votes still coming in from throughout the Western U.S., the Democrats will likely pick up additional seats because the election trend is in their favor this year.

The United Foods & Commercial Workers (UFCW) union, which as we've been reporting and writing about all year, is in the midst of a campaign to unionize the store-level employees of Tesco's Fresh & Easy Neighborhood Market grocery and fresh foods chain in California, Nevada and Arizona.

The union's Fresh & Easy unionization campaign has been the UFCW's top organizing priority this year. The union also hopes to unionize workers at Wal-Mart stores, Whole Foods Market, Inc., Costco, Trader Joe's and a few other non-union chains now that there will be a Democratic President of the United States and a Democratic majority in both the House and the Senate.

However, during the eight years of the pro-union Clinton Administration in the 1990's, including a number of years when the Democrats held a majority in both houses, the UFCW wasn't able to unionize any of those four chains despite strong efforts to so so.

The UFCW however has made much more rapid efforts in its attempts to organize Tesco Fresh & Easy workers in just a short time; less than a year.

As we reported on September 17 in this story, store employees at the Huntington Beach, California Fresh & Easy market petitioned company officials asking to be recognized as a UFCW union shop, a request Fresh & Easy CEO Tim Mason denied, telling the store workers to hold a vote on unionization as current U.S. labor laws allow.

But UFCW officials tell us tonight they're feeling a new bounce in their collective organizational heels because of Barack Obama's victory and the new House and Senate seats being added to the Democratic majority in Congress.

For example, Patrick O' Neill, the executive vice president of the UFCW union, says new labor rules under an Obama presidency and a Democratic supermajority in Congress could result in additional grocery chains being unionized within six months. O'Neill first made this comment on Friday during a conference call arranged by New York-based bank Citigroup, which we covered.

The new labor rules or more specifically legislation Patrick O’Neill is referring to is the "Employee Free Choice Act" bill, which we reported on and wrote about most recently here.

The "Employee Free Choice Act," which passed the U.S. House of Representatives last year and was defeated in the Senate by Republicans by just two or three votes from, is a measure union leaders define as "reducing the hindrances to union certification by replacing the current process of secret ballot elections with a process of signed cards or a petition," according to the UFCW's O'Neill.

This provision of the proposed law is called the "Quick Check Provision." Instead of voting in a secret ballot election like non-union food and grocery store employees do now, the workers would merely be able to check "yes" on a card or petition if they want union affiliation and recognition by employers. If a majority of employees check "yes" rather than "no" on the card, the company would have to recognize the stores(s) as union shops.

President George W. Bush opposes the "Employee Free Choice Act." Therefore, even if it would have passed the Senate last year, he would have vetoed the bill. Losing Republican candidate for President John McCain also publicly said he opposed the legislation in this year's campaign, and voted against it in the Senate last year.

President-elect Barack Obama is for the "Employee Free Choice Act' though. He says he will sign the bill if and when Congress brings it up for a vote and passes it next year.

Additionally, since the legislation already passed the House of Representatives last year, and since the Democrats are gaining numerous additional House seats tonight, the bill should passed the House easily if voted on in 2009.

And although the "Employee Free Choice Act" bill was defeated in the Senate last year, it was only two or three votes short of passage. Thus far tonight Democrats have picked up five Senate seats, which means Republicans have lost five so far. Those five new Democrats would be enough to pass the legislation if and when it is voted on next year; and it most certainly will be.

The problem is though, according to Senate rules, a 60 member supermajority is needed to pass such legislation.

Democrats need to pick up four additional seats tonight to get to that 60. Of course if they are close, say 58, there are two independents in the Senate that might vote with the Democrats, along with being able to wheel and deal with a couple of the more moderate -to- liberal Republicans like Maine Senator Susan Collins in return for getting their votes on the bill.

With a stronger majority in the Senate beginning in 2009 than they have now, it will be easier for the Democratic Senate leaders to convince (and wheel and deal) with moderate Republicans to join then in supporting legislation because the majority can use such dealing as a carrot and stick with these members.

The other problem with passing the measure in the Senate, unless the Democrats have the 60 member supermajority or are able to get the independents and a couple Republicans to vote with them, is that Republicans can filibuster the bill and any other legislation they want to prevent from being passed, which is what the GOP members did to the "Employee Free Choice Act" last year, resulting in its failure to pass. Sixty votes is the magic number to kill a filibuster.

The UFCW union's O'Neill is well aware of this.

"A supermajority in the Senate is our biggest obstacle right now," he says.

He and all of the other UFCW and organized labor leaders are counting Senate votes late into tonight, hoping to see the Democrats hit that magic number of 60.

Based on the latest election analysis at press time tonight, the Democrats still need to pick up five more Senate seats to hit the filibuster-proof 60. But they have gained five Senate seats so far tonight, so it is possible. Most analysis tonight though is suggesting they will fall two or three short of the 60.

Organized labor is already pushing House and Senate leaders to bring the "Employee Free Choice Act" legislation up for a vote as part of its early legislative agenda in 2009, after President-elect and the new members of Congress take office in late January.

The UFCW union's O’Neill says the bill will impose greater deterrents to "union-busting" but would ultimately benefit retailers by improving the spending capabilities of workers, reducing turnover and improving productivity.

He adds the UFCW "would likely look first at organizing non-union operators that share markets with union shops."

Since the top three supermarket chains in the U.S. -- Kroger Co., SuperValu, Inc. and Safeway Stores, Inc., as well as nearly all of the top 15 -- are unionized, organizing non-union food and grocery retailers that share markets with union shops essentially amounts to organizing all of the key non-union chains in the U.S.

This is even more true in the Western U.S. states of California, Nevada and Arizona where Tesco's Fresh & Easy has its 96 (and growing) grocery and fresh foods stores. All of the top grocery chains -- Safeway, Kroger's Ralphs, SuperValu's Albertsons, Bashas, Stater Bros, Save Mart and Raley's, along with even the majority of the substantial regional multi and single- store independents-- are unionized.

Therefore the non-union targets in these and nearby western states, along with Tesco's Fresh & Easy, most likely will be Wal-Mart, Whole Foods, Costco and Trader Joe's, and perhaps the fast-growing natural foods chains Sprouts Farmers Market, Sunflower Farmers Market and a few others.

But, as we've reported and mentioned earlier in this piece, target number one is Tesco's Fresh & Easy Neighborhood Market. It's also the one out of all of the above the UFCW has made the most progress in organizing to date.

Tonight UFCW union leaders, along with their fellow organized labor associates from across all industries, are feeling more optimistic than they have for many decades that they can grow union membership throughout America beginning with the passage of the "Employee Free Choice Act," and signing of it by a new President, Democrat Barack Obama, who will be swore in as the 44th President of the United States in late January, 2009.

Of course, the legislation is called the "Employee Free Choice Act," which means workers get the final say as to if they want to be unionized and join the UFCW or any other union.

Based on our conversations with numerous Fresh & Easy store-level employees, it's our analysis that such a clear majority of workers wanting to join the UFCW isn't necessarily there yet. In other words it's far from a given conclusion that the majority of Fresh & Easy workers --or those at Wal-Mart, Whole Foods, Trader Joe's and the other chains -- will vote yes to unionization even if given the simplified opportunity to do so under the "Employee Free Choice Act."

In order to achieve that, the UFCW has much more work to do. The battle for the election may be over, and the passage of the "Employee Free Choice Act" may look far more probable for next year. But the war to increase union membership among employees at non-union food and grocery stores is far from won.

In order to do that the UFCW is going to have to do something it hasn't been able to do thus far over many years of attempting to organize employees of Wal-Mart, Whole Foods and Trader Joe's, for example, which is to demonstrate to them why it is in their best interests to become members of the UFCW.

Passage and implementation of the "Employee Free Choice Act" will without a doubt make that processes a bit easier. But it won't in and of itself even come close to assuring that non-union chain employees will vote yes to become UFCW-affiliated union shops.

History is Made: Barack Obama is the 44th President of the United States of America

In 1863, Republican Abraham Lincoln, a tall, lanky, white President of the United States, who's previous political experience included serving in the Illinois State Legislature and one-term in the U.S. House of Representatives, signed the Emancipation Proclamation, which freed black Americans from slavery.

Tonight, a tall, lanky, black one-term U.S. Senator and former member of the Illinois State Legislature, Democrat Barack Obama, has won the U.S. Presidential election and will be the 44th President of the United States of America, the first African American in history to hold his nation's highest office.

Congratulations to Barack Obama -- and to the United States of America.

As we write this, President-elect Obama is preparing to speak in Chicago, Illinois to as many as one million Americans of all ages, ethnic backgrounds and income levels.

America has clearly turned a page in race relations.

Tonight mothers and fathers across America can look their children square in the eyes and tell them without blinking that they too, regardless of the color of their skin or how much money the family currently has in the bank, have a chance to not only become whatever it is they want to become in life through hard work, but also to become the President of the United States if they desire, and are willing to work hard to earn it like President-elect Barack Obama has.

Now it's time for America to get to work.

Click here for constantly updated, real time election returns and related information.

Election Day Freebies: Free Food, Coffee and Desserts; All You have to Do is (Not Even) Vote

U.S. Election Day 2008 Special Report

Who says there's no such thing as a free lunch...or dessert...or cup of coffee?

A number of U.S. national food service chains are offering free food, drink and sweet treats today, election day 2008, to voters.

Starbucks, which has cafes throughout the U.S., many of which are very near polling places, is offering voters a free cup of coffee all day today and tonight. Specifically, a free cup of tall, brewed Starbucks coffee.

Starbucks originally announced that in order to get their free cup of Joe, voters would have to show their "I have voted" slips of paper with the smiley face that's given to them after they vote at their local polling places.

However, the coffee chain was told it's illegal to require proof of voting in return for the free coffee offer, so the King of Coffee changed that policy, offering free cups of coffee to everybody today regardless if they voted or not. [Note: If you haven't voted but still get your free cup of Starbucks coffee at a cafe, be advised it's possible the Coffee Gods might just bless your house (or reusable travel mug) with bad karma for the rest of this year. So, vote first -- then get your free cup of Joe at your local Starbucks cafe.]

The free cup of Joe offer from Starbucks is rather fitting for this election since we've had "Joe the Plumber" and lots of talk about "Joe Six-Pack" and the "Average Joe," primarily from the McCain campaign and the news media's reporting on it. Therefore it seems appropriate to end the 2008 election with a "Free Cup of Joe."

And while you're getting your free cup of Joe at Starbucks, do make sure you say hello to "Joe (or Jane) the Barrista" for us.

And what's a free cup of coffee without a free donut to go with it? Voters are in luck. The Krispy Kreme donut chain is giving free donuts to voters all day today.

Not satisfied with just a free donut and cup of coffee. Never fear. The Ben & Jerry's ice cream folks are offering free ice cream to voters at all of its U.S. Ben & Jerry's retail ice cream shops today. That should add a little extra sweetness to voter's election day on top of the free donut.

But it's not just free coffee and sweet treats being given away for free to voters today.

If your lucky enough to life in the southern U.S., and have a branch of the regional restaurant chain Shane's Rib Shack nearby, go there first, before hitting Starbucks, Krispy Kreme and Ben & Jerry's for your free coffee and deserts. Why? Because Shane's Rib Shack restaurants in the south are giving voters free chicken finger dinners all day today as an election day promotion.

The Chik-Fil-A fast food chain also is giving away free chicken finger dinners at stores in selected regions of the country.

There you have it -- a free lunch and more, if you have branches of these food service chains near where you live in America.

Click here for a Web site with a list of election day freebies, along with links to articles about the election day giveaways today.

No election day freebies at Fresh & Easy

Alas, Tesco's Fresh & Easy isn't giving away any election day freebies to voters at its stores in Southern California, Nevada or Arizona today. The fresh foods and grocery chain is holding an election day promotion though, which we wrote about yesterday here.

We called three stores yesterday, one in each of these three markets, asking if the stores would be giving away any freebies on election day. We were told no. However, when we told one of the store employees about the free Starbucks coffee and Krispy Kreme donut, she said there is a Starbucks and a Krispy Kreme outlet close to her house -- and that she just might stop by both and get here freebies after she votes today.

Of course it's not to late for Fresh & Easy to offer a freebie or two at its stores in these three Western U.S. states. As we write this the polls will be open at least another five hours in California, Nevada and Arizona, the latter of which just happens to be the home state of Republican Presidential candidate John McCain.

Perhaps if they read this, the Fresh & Easy marketing department can come up with a fast freebie, alert the stores, and show American voters that a British-based food and grocery chain can offer election day freebies with the best of them.

[Reader Note: If you know of any additional businesses, either national, regional or local, offering election day freebies to voters, feel free to add them to the story using the comments link below.]

'Syrah Palin Organic:' An Election Season Wine Both Democrats and Republicans Can Find A Use For On Election Day USA 2008

U.S. Election Day 2008 Special Report: Election Day

On election day, a certain brand of Chilean organic wine imported into the U.S. by Berkeley, California wine importer and distributor North Berkeley Imports , is getting an unusual amount of attention in parts of America.

It's not all positive attention though. In fact, consumers' attitudes and opinions about the organic Chilean wine, named Syrah Palin (pictured on display at top, left), seem to be more about whether or not they support the Republican Presidential ticket of John McCain and Sarah Palin or the Democratic ticket of Barack Obama and Joe Biden rather than whether or not they like the taste of the wine.

Yes, the "Syrah" (Sarah) variety wine, spelled Palin (pronounced "Pay- Leen) just like the Republican Vice Presidential candidate's last name, has a political season ring to it. And in Berkeley, arguably the most liberal city in America, it is raising a few eyebrows.

According to the wine importer and distributor's Web site, the vintner's (Palin wines) and wine's name "describes a ball that was used in an ancient game played by the Mapuche, a group of people indigenous to central Chile, where the vintner is based. It has nothing to do about Alaska, governors, moose hunting, $150,000 wardrobes or other attributes involving Senator John McCain's Vice Presidential running mate, Sarah Palin.

However, wine drinkers in Berkeley, the San Francisco Bay Area and other parts of the country where the organic wine is being distributed by the importer, are obviously connecting the Syrah Palin wine to the Governor of Alaska, who wants to be the next Vice President of the United States. Some consumers are getting a chuckle out of the resemblance, others are not as happy about the namesake wine.

For example, Chris Cavelli, the co-owner of San Francisco's Yield Wine Bar, which is offering Syrah Palin organic wine for sale by the glass, says "they (customers) just are basically saying, 'Oh, I don't want to drink that. That's too close.' It reminds them too much of Sarah Pain," he says.

Cavelli adds that prior to Governor Palin getting the Republican Vice Presidential nomination, Syrah Palin wine was selling briskly at the wine bar. "I actually think the whole thing is pretty funny," he says. Cavelli said he plans to keep it on the wine list at Yield Wine Bar.

The political nod away from Syrah Palin wine at the San Francisco wine bar isn't surprising though. No Republican in modern history has won the majority of the vote from San Franciscans. San Francisco voters tend to vote in about an 80% majority for the Democratic Party candidate for President in every election. And its the Green party that gets the majority of that remaining 20% rather than the Republican candidate.

But in other parts of the Bay Area and elsewhere, importer David Hinkle, owner of North Berkeley Imports, says there's been an "uptick in sales of the Syrah Palin organic wine since the Governor of Alaska was nominated as John McCain's Vice Presidential running mate.

Hinkle avoids any political connection to the wine. Since he imported it from Chile long before Sarah Palin was nominated, such a thought was the farthest thing from his mind.

"The wines (Palin brand) are outstanding," he says. "Very rich, full-bodied. There's nothing political about the wine in any way."Well, at least intentionally.

Of course, we suspect a few San Francisco Bay Area Democrats are buying the Syrah Palin wine anyway. Perhaps as a keepsake. Or maybe they are planning to break the bottle against a John McCain-Sarah Palin campaign sign celebration style if Barack Obama and Joe Biden wine the Presidency today.

On the other hand, Berkeley wine importer Hinkle might want to call Sarah Palin and pitch his Syrah Palin as the wine of choice for the Presidential victory parties tonight in the event the McCain-Palin ticket wins. We also could see big in-store displays on November 5, the day after the election, if McCain-Palin wins.

But if they lose, well...'Que Sera Sera' (pronounced Saraaah) [Whatever will be will be], as Doris Day sang in the famous song of the same name.

Analysis & Commentary: Tesco's Fresh & Easy Launches an Election Day 2008 Promotion ... and the 2008 Political Bastardization of the 'Average Joe'

U.S. Election 2008 Special Report

When the British lost the War of Independence, they made it possible (not as an intentional element of their political and military strategy of course) for the one-time empire's former colony, America, to become the United States of America, form a representative form of democratic government, and elect its own President and members of Congress. From taxation without representation to lots of taxation without much representation is how many Americans might describe this evolution.

Those early days of representative government in the U.S. were far from perfect of course. For example, only white men could vote.

But they did set the stage for better times, which is what democracies allow for that monarchies and other forms of totalitarian rule don't -- change. Much later than it should have done, the U.S. eventually passed laws allowing first woman and then African Americans to vote in the country's elections, finally meeting its promise for a representative government for all rather than just the majority.

Today the United States and the United Kingdom are the best of friends and closest of allies. After all, why let a long-ago war prevent making up and moving on.

In fact, because of the particular history between the two countries, along with the fact America eventually became the world's superpower, the U.S. and Britain even call their relationship the "special relationship," suggesting how close of allies and friends the two English-speaking countries and their peoples are today.

With this history, it's only appropriate and logical then that a British grocer come to America, Tesco's Fresh & Easy Neighborhood Market, has launched an 'Election Day 2008' promotion in its 96 grocery and fresh foods stores in Southern California, Nevada and Arizona, the latter of which just happens to be the home state of one of the two candidates for President, Republican Senator from Arizona John McCain.

Tomorrow is election day in the U.S., and Tesco's Fresh & Easy has created a promotion around the theme of election day entertaining and celebrating. The promoted products include a variety of foods which the grocer is encouraging shoppers to pair with its wines for their election night television watching activities and celebrations.

For example, for the wine and cheese crowd Fresh & Easy is offering a 5.3oz pkg. of fresh & easy brand blueberry stilton cheese for $4.48, and a (fresh & easy brand) 8.8oz premium cracker assortment for $2.49. Along with the cheese and crackers offering, the grocer is promoting its proprietary Reflexion Rioja Reserva Spanish wine for $9.99.

Feel free to insert a joke about brie eating, wine sipping Liberal Democrat yuppies here. Or rich, fat cat cheese and wine party loving Republicans here.

Something tells us though that all the "Average Joe's" -- Joe the Plumber, Joe Six-Pack, Tito the Builder and the others, real and mythical, -- the McCain campaign has been featuring at its campaign events and talking about non-stop for the last three weeks wouldn't likely rush out to pick up this fancy cheese, cracker and Spanish wine combination.

In fact, the "Average Joe's" would probably even boycott the promoting of a wine from Spain when there are so many American-produced wines that could be offered in the promotion. You know, buy American and all, especially on election day. Not too mention the rather questionable history of Socialism in Spain, along with its current mixed Democratic Socialist and capitalistic system.

But the cheese, cracker and wine combination does sound appropriate for those Liberal Obama supporters in Chicago's fancier neighborhoods, the guys like 1960's radical turned University of Chicago professor and now locally described pillar of the Chicago community Bill Ayers, for example, who likely will be celebrating the election returns tomorrow night in their multi-level townhouses.

Of course so many of these supporters are university professors, doctors and lawyers, they probably will be multi-tasking: grading papers, examining patient medical charts and working on legal briefs while enjoying their cheese, crackers and Spanish wine. And in Bill Ayers' case probably doing a little tinkering with electronic devices on the living room coffee table while he watches the election returns, sips white wine and slathers brie on his Garlic-Basil flavored Carr's Table Water Crackers, using the pearl-handled butter knife given to him in 1968 by a Latin American revolutionary.

Obama supporters in West Hollywood, California and West Los Angeles also are strong and likely candidates for the cheese, cracker and wine combo. These folks eat blueberry stilton cheese like the folks back in Wisconsin eat 100% processed cheddar after all.

So to are many of the items in the Fresh & Easy promotion appropriate for the real McCain supporters, most who make over that magical $250,000 a year and have been far too busy over the last three weeks shifting their investments from the stock market into Treasury Bills and then back again, viewing tomorrow night's election returns in their fancy downtown Phoenix, Arizona upscale condos or in their multi-million dollar homes in Scottsdale.

You know, the crowd Mr. and Mrs. McCain really run with in Arizona. Not a "Joe" or a "Jose"in the bunch. There are a number of Joseph's though.

But John McCain certainly has a bit of the "Average Joe" (or John) in him as well, doesn't he? His middle name for example is Sydney, which you heard him mention about as often during the course of the campaign as you heard Barack Obama mention his. In Obama's case he's had plenty of others mentioning it for him.

Of course since Mrs. McCain is the chairman of the board and majority-owner of the Budweiser beer distributorship in the Phoenix region she inherited from her father, she might appreciate a six-pack or 12-pack of Budweiser beer being included as a part of the Fresh & Easy election day celebration promotion. After all many of the Fresh & Easy stores are located in the Phoenix region. So too would Joe The Plumber and Joe Six-Pack respectively appreciate a beer offering in the promotion, we would imagine.

But alas there's not a single bottle, 6-pack or 12-pack of beer of any kind in the Fresh & Easy Election Day 2008 promotion.

There are numerous other food items though, ranging from snacks and burgers to desserts and beverages. Below are the other items in the Fresh & Easy election day or season promotion:

VEGGIES & DIP
fresh&easy Grape Tomatoes -- $2.27 / 16oz
fresh&easy Cauliflower -- $2.53 / each
fresh&easy Blue Cheese Dressing -- $1.79 / 16fl oz

CHIPS & DIP
fresh&easy Organic Blue Corn Tortilla Chips -- $2.29 / 12oz
fresh&easy Thick & Chunky Salsa (mild or medium) -- $1.34 /16oz
fresh&easy Sour Cream -- $1.68 / 16oz

ALL-AMERICAN BURGERS
fresh&easy Ground Beef with Blue Cheese -- $7.99 / 3lbs
fresh&easy Hamburger Buns -- $1.28 / 8 count
fresh&easy Organic Ketchup -- $1.65 / 20oz

DESSERT
fresh&easy Angel Cake -- $3.48 / 7.7oz
fresh&easy Blueberries -- $3.68 / 6oz
fresh&easy Strawberries -- $2.68 / 16oz
fresh&easy Vanilla Ice Cream -- $2.49 / 16oz

BEVERAGES
fresh&easy Pure Cranberry Juice -- $4.89 / 32oz
fresh&easy Acai Mixed Berry Fusio Juice -- $2.98 / 32oz
fresh&easy Vanilla Banana Smoothie -- $4.98 / 32oz

We see numerous items in the promotion that will appeal to both Obama and McCain supporters in the primarily upper-middle and higher-income brackets in California, Nevada and Arizona, as well as across the land.

But we are a bit concerned there are so few items included in the promotion for the famous average Joe's, mostly mythical, of this campaign -- Joe the Plumber, Joe Six-Pack, Tito The Builder and all the other "Average Joe's" John McCain and Sarah Palin have been featuring for weeks now.

We can see the collective "Average Joe" going for the vanilla ice cream , strawberries and angel food cake of course. You can't get any more American than that -- although their certainly should be an apple pie in the item mix. And we can even see the Joe's trying some of the blueberries as long as no one is looking, particularly a member of the press in the case of Joe the Plumber.

Additionally, we think the Joe's would go for the chips (even though they are blue and organic and therefore a bit silly) and the salsa and sour cream (a little sour cream at least), after all they are bound to be hungry after being on a Presidential campaign trail for the first time in their collective lives.

But beyond those items we think the Joe's are going to be tough customers for the rest of the Fresh & Easy election day promoted items. And, according to the McCain campaign, Joe the Plumber, Tito the Builder and all the other collective "Average Joe's," including Mr. Joe Six-Pack, will be at the McCain campaign's election day event tomorrow night at the Biltmore Hotel in Phoenix, Arizona, so they will be in a Fresh & Easy market.

For example, having built his image as America's everyman in just a few short weeks, does anybody think Joe the Plumber would risk all that fame and fortune by being seen buying ground beef with blue cheese in it and using organic ketchup on it? God forbid.

Or can you see Joe the Plumber stocking up on fresh & easy Acai Mixed Berry Fusio Juice (talk about an image killer for Joe) or fresh & easy Vanilla Banana Smoothie's at $4.98 a bottle?

Joe may have talked big about getting ready to buy that plumbing business that does over $250,000 a year from his boss when he had that now famous encounter with Democratic candidate Barack Obama when the candidate was visiting Joe's Ohio neighborhood on an election campaign stop. But the fact is, Joe's boss (the potential seller) told a local Ohio television station a couple days after the event that his employee, Joe the Plumber, wasn't exactly in a financial position to buy the business from him, or any other business for that matter.

There's also the matter of Joe owing a couple grand in back taxes and the fact he really isn't a plumber, at least a licensed one which he would be required to be in order to own and run his own plumbing company, which he would first have to buy. But since when did facts every matter when using an average citizen in a political campaign.

In fact, since most of what was said about Joe the Plumber by Senator McCain's campaign -- that he is a licensed plumber, that he is buying his bosses business, that he is wealthy and therefore will pay higher taxes if Obama is elected President -- who is to say that when it comes to food and beverage choices Joe actually is an "Average Joe?"

In fact, based on all the false advertising about Joe the Plumber, he might even actually be a super-fussy eater like Senator Obama is reported to be. Michelle Obama has joked that her husband is a picky eater, which in part is how he keeps his trim waistline.

We also know the Senator from Illinois and possible next President of the United States likes arugula and is a buyer and consumer of organic foods. When home in Chicago he and his wife Michelle have been spotted in the Whole Foods Market store near their home as well as at the organic fruit and vegetable booths at a nearby farmers market on more than one occasion.

But Barack Obama's fussy eating habits mostly involve preferring the basics like tuna sandwiches instead of things like poached Chilean Sea Bass with a butter-based sauce and liking grilled cheese sandwiches on whole wheat bread instead of say blueberry stilton cheese and wild mushroom and toasted pine nut omelets or other fancier versions, according to Mrs. Obama.

Could he actually be an "Average Joe.?"

So since in political campaigns white is really often black, and perception very seldom meets reality, Joe the Plumber, Joe Six-Pack, Tito the Builder (all sort of the Village People of campaign 2008) and all the other mythical "average Joe's" touted in the campaign rhetoric could actual be brie eating, arugula munching, Spanish wine sipping, local foods fanatical foodies, and therefore perfect consumer candidates for most of the specialty-oriented items in Fresh & Easy's election day 2008 celebration promotion.

Of course, it still wouldn't hurt to add some hot dogs, an apple pie and one or two varieties of beer to the election day promotional mix just in case we are wrong about the "average Joe's" alter ego's when it comes to food and beverage choices and preferences.

[Editor's note: Tesco's Fresh & Easy has had nothing to do with the political bastardization of the "Average Joe" in America as far as we can determine. The election day promotion is merely a vehicle to write about and discuss the topic, along with reporting on and writing about the promotion in general of course:)]

It's Nearly All Over But For the Voting; Americans to Elect A New President, National and Local Leaders Tomorrow

U.S. Election 2008 Special Report

After two years of campaigning -- first through the primary campaigns against members of their own respective political parties and then one-on-one against each other in the general election -- Democratic candidate for President Barack Obama and Republican candidate John McCain are completing the campaign home stretch this afternoon and this evening.

After tonight and a couple brief, early morning rallies for the Presidential candidates, both United States Senators, tomorrow, it will be all over -- except for the voting -- which is the final and only important poll of a long 2008 U.S. Presidential campaign full of polls, predictions and upsets. Neither McCain or Obama were early or even mid-term favorites to win their party nominations, for example.

Speaking of polls, the Realclearpolitics.com Web site poll of polls, which is an average of every Presidential and Congressional poll being conducted, shows Democratic candidate Barack Obama winning 278 electoral votes to John McCain's 132, with 128 toss up electoral votes. In order to win the Presidency a candidate needs to reach over 270 electoral votes.

Electoral votes are the real measure of winning. A candidate can win the popular vote (the majority of voters voting for him or her) but still lose the election because the other candidate won the Electoral College.

In terms of horse race poll numbers, Realclearpolitics.com's (RCP) poll of polls shows Obama leading McCain nationally by +7.3 percentage points, 51.6% for Obama vs. 44.3% for McCain, as of 6pm eastern time today. RCP's poll of polls also shows the Democrats winning nationwide in seats for the U.S. House of Represenatives (the House and the Senate) by +9.0%, 47.6% for the Democrats vs 38.6% for the GOP.

For the first time in modern Presidential election history a Democrat, Senator Barack Obama, also has either a lead or is virtually tied with Senator McCain in a number of traditionally Republican or "red" states. These states include Florida, Ohio, Nevada, New Mexico, Colorado, Indiana, North Dakota, Georgia and even John McCain's home state of Arizona. These battleground states will determine who is elected President tomorrow.

In California, a state that traditionally votes Democrat, and which has the highest number of electoral college votes, Obama is leading by over 20 percentage points. Political observers in the Golden State are predicting the Democratic party candidate will win the state by the largest margin in recent Presidential election history.

There's only one traditionally Democratic or "blue" state that currently appears to be a toss up, according to the polls as of 6pm eastern time this evening. That state is Pennsylvania.

Obama currently has a 4 -to- 7 point lead in the state, depending on the poll. However, his lead has been tightening over the last week, and Senator McCain and his Vice Presidential running mate, Alaska Governor Sarah Palin, have both been spending lots of time in the state in the last week. So to have Senator Obama, his running mate Joe Biden, who was born and raised in Scranton Pennsylvania, and is often called the third Pennsylvania Senator because his state of Delaware borders Pennsylvania and shares a major media market.

Senator Hillary Clinton, who proved popular among working class Pennsylvania voters winning the Democratic primary over Barack Obama, has been stumping the state aggressively for Obama, especially in the areas where she did well and has proved popular with middle class voters.

Senator McCain is getting a strong assist in Pennsylvania from former Governor Tom Ridge, who remains very popular in the state. Ridge, who served as George W. Bush's first Homeland Security Director after the position was created following the September 11, 2001 terrorist attacks in the U.S., has been campaigning with Senator McCain as well as on his own throughout his home state.

Despite what all the polls are saying less than 24 hours before voting day, U.S. Presidential candidates ahead in the polls just days before an election have lost before. You only have to go back to 2004 when Democrat John Kerry was leading George W. Bush by three to five percentage points nationally just a couple days before election day for evidence of that fact.

And of course, the most famous poor Presidential poll prediction occurred in the 1948 race between Republican Thomas Dewey and Democrat Harry Truman. The pundits and press were so sure Dewey would defeat Truman in that election that the papers went to press on election day, calling the race for Republican Dewey. The next mornings papers had front page headlines reading: "Dewey Defeats Truman."

But Harry Truman won, and the press hasn't lived down that gaff to this day. Of course polling is much more sophisticated today than it was in 1948. However, as we mentioned earlier -- such polls are often wrong.

However, Obama has something Kerry didn't, which is that he is leading, tied or just one or two percentage points behind in the numerous traditionally Republican red states we mentioned above. In 2004 Senator Kerry did not win one traditionally red or Republican state.

But, it is the election day poll, held tomorrow, Tuesday, November 4, that counts.

About 25% -to- 30% of American voters are said to have already voted in early elections though, which offers a window into tomorrow's election results. Thirty U.S. states hold early elections which begin about two weeks before election day.

Thus far the results of the early elections are showing Senator Obama with a slight advantage. This isn't surprising because a part of the Obama campaign's well executed strategy has been to sign up millions of new voters and then get them to the polls early in those states where early voting is available.

But even though about 25% -to- 30% of Americans are said to have already voted in the early elections, tomorrow will still be a packed day at the polls, by all estimates.

Millions of new voters, including historically high percentages of young people, African Americans, Hispanics and poor whites, have registered to vote this year. Analysts are going as far as to suggest there could be a 75% turnout this year.

In California some officials are suggesting it could be 80%, which would be the highest turnout in the state's history. If there is a 65% -to- 75% voter turnout in tomorrow's election it would be at least 15 percentage points or more higher than normal for U.S. Presidential elections, where 55 -to- 60% has been considered a good turnout in recent times.

Much is at stake in tomorrow's election. The nation is in the midst of the worst financial crisis since the great depression, is by all accounts in an economic recession, and is engaged in two wars abroad, in Iraq and Afghanistan. Add to that record federal budget red ink, growing unemployment and the worse consumer confidence in the U.S. economy in modern history, and you can get a idea of what faces whichever man is elected tomorrow.

Tomorrow's election also is an historical one. Should Barack Obama win he would be the first black man -- the son of an African father from Kenya and a white mother from Kansas -- to be elected President of the United States of America. History would then read U.S. Presidents 1 through 43 as white, and number 44, Barack Obama, as the first black President.

The McCain-Palin ticket also will make history if elected tomorrow. Alaska Governor Sarah Palin would be the first woman ever to serve as Vice President in American history.

Democratic candidate Walter Mondale chose the first woman, Geraldine Ferraro, as his Vice Presidential running mate in 1984. But the Democratic Mondale-Ferraro ticket was defeated by a substantial margin in that Presidential election by Ronald Reagan and his Vice Presidential running mate, George Herbert Walker Bush, the father of the current President, George W. Bush, who hasn't been seen on the campaign trail much if at all for John McCain because the current Republican President has an approval rating by the American people of about 26%, which is lower than Richard Nixon's approval rating at the height of the Watergate scandal.

The Real Clear Politics Web site has numerous links to up-to the-minute polls and other data about tomorrow's Presidential and Congressional election.

We also shouldn't forget to add that across the U.S. tomorrow voters will vote for statewide candidates, ballot initiatives and local candidates such as mayors and city council members as well as the national candidates. In many ways these local races are just as important as the national races because they affect voters right where they live, in their respective states and cities.

Realclearpolitics.com also has numerous links on its Web site homepage to news reports, feature stories and other articles about tomorrow's election, updating the site frequently with new information and stories. It's a good information clearing house for tomorrow's election.

You can view the Real Clear Politics Web site here.

As we publish this piece on Monday, Senators Obama and McCain, and their running mates, are finishing up the last of their late afternoon and evening campaign events across America. Both Obama and McCain have Tuesday morning events planned. But in the tradition of American Presidential campaigns, once those events are finished so to will be the official public campaigning for both candidates.

Beginning tonight and first thing tomorrow morning it's all about getting out the vote; getting supporters and potential supporters to the polls. That's called the ground game. And just like in football, a good ground game can at the last minute make the difference between winning and losing.

Senator Obama will end his day at home in Chicago Illinois, holding an election night rally outdoors in the city's Grant Park. Chicago Mayor Richard Daly is predicting there will be one million people at the event tomorrow night.

Senator McCain will end his campaign day tomorrow in his home state of Arizona, holding a more traditional election night event in a ballroom at the Arizona Biltmore Hotel in Phoenix.

His campaign aids say however McCain won't actually be inside the ballroom with his supporters. Rather, he will address the supporters assembled inside the hotel ballroom from outside the hotel, on the front lawn, where they say he will have a group of his top supporters along with a group of selected members of the media with him. Perhaps being outside on the lawn while his supporters are inside the hotel ballroom is the Republican candidate's nod to the fact the Obama camp plans to hold its rally outdoors?

One thing is for sure. The November weather in Phoenix is likely to be much warmer than the November weather will be in Chicago, Illinois, in terms of holding outdoors election night events.

Although the weather prediction for Chicago for tomorrow is a high of 69 degrees during the day, with a low of 52 degrees at night, with sunshine during the day and clear at night.
Tomorrow's weather forecast for Phoenix is a warm 76 degrees during the day, with a low of only 56 degrees at night. But it is predicted to be partly cloudy with a slight chance of rain showers.

If the predictions hold true, it will be a pleasant evening tomorrow, at least weather-wise, in both cities. We suspect though despite what the weather is tomorrow night in either city, the better of the two nights will go to the winner, either Obama in Chicago or McCain in Arizona. We further suspect each would gladly give up an evening of clear skies and balmy weather for a night of snow and and sleet if it meant winning.

But weather forecasting, just like Presidential election polling, is often as much of an art as it is a science. And like pollsters, weather forecasters are always revising their predictions.

Therefore, tomorrow night's weather, just like the results of tomorrow's election -- which if close might not be determined by even late Tuesday night (after all it took 36 days, including a court battle, after the Bush vs Gore 2000 election to name a winner) -- will have to wait until tomorrow, when we can see the results for ourselves.