"If the Tony's were honestly honoring excellence in Artistic Merit - LOVEMUSIK gets the 4th slot, no questions asked."
I disagree. I found "LoveMusik" to be nothing more than a cold, hollow frame showcasing two brilliantly blinding performances. If you go back and read the reviews, almost every critic raved about Murphy and Cerveris but acknowledged that they aren't working in a show worthy of their performances.
For me, though "Legally Blonde" has many faults and a very hit and miss score, I would give it the final nomination. Jerry Mitchell managed to bring all the enjoyable things about the film to the stage in a way that is (most of the time) pretty smart (though I could have done without the hundreth reprise of the opening number.)
In regards to the "road potential" theory-- I really don't see why the producers have already decided to bring "Spring Awakening" out on tour. I can't fathom that show succeeding financially in most towns across the country. Perhaps if they nab Best Musical they'll have a better chance at promoting it as high art, but though it is really pretty spectacular... I just don't see it making it on the road.
Tonya Pinkins: Then we had a "Lot's Wife" last June that was my personal favorite. I'm still trying to get them to let me sing it at some performance where we get to sing an excerpt that's gone.
Tony Kushner: You can sing it at my funeral.