Fighting to stay on the ballot in PA
September 3rd, 2008 by Jason PyeThe Morning Call, a Pennsylvania newspaper, has an article about the McCain campaign’s effort to kick Bob Barr off the ballot:
Cumberland County GOP activist Victor Stabile wants Barr off the ballot, something a state Commonwealth Court judge could decide Friday in Philadelphia.
Libertarians violated state election law, Stabile claims in court papers, by circulating nominating petitions naming Rochelle Etzel as the party’s presidential pick, only to substitute Barr’s name months later.
[...]
Barr’s Pennsylvania lawyer, Sam Stretton of Chester County, said the Republicans’ challenge was ”frivolous” because Etzel properly withdrew her candidacy and Barr was allowed to replace her on the ballot.Stretton accused Stabile and the Republicans of playing politics with the case, charging that the GOP fears that a Barr candidacy would draw votes from Republican presidential nominee John McCain in a key electoral battleground.
Stabile’s lawyer, Ronald L. Hicks of Pittsburgh, rejected Stretton’s charges, arguing that the lawsuit could equally apply to a Democratic or Republican candidate who took the same action.
”In our system, you nominate the candidate and not the party,” said Hicks, who said the Libertarians never had any intention of running Etzel, despite the fact that she signed an affidavit attesting to her candidacy.
”This has nothing to do with politics,” he said. ”The process is set up to make sure you have a fair election, not a fraud.”
Mr. Hicks and Mr. Stabile clearly don’t understand Pennsylvania election law, which allows for these types of substitutions.
The hearing for this case is scheduled for Friday, September 5th at 10am.
September 3rd, 2008 at 1:16 pm
Let’s take Ronald Hicks’ statement as truth: ”In our system, you nominate the candidate and not the party.”
Then the fight to keep McBama off the Texas ballot is already won, as the only viable excuse for letting them appear is that their Parties ‘earned’ the placement with past electoral performance. Thanks GOP!
And it still doesn’t negate the fact that Pennsylvania State Law was followed in substituting Barr’s name for Etzel’s as the LP nominee was chosen.
So while the GOP is afforded plenty of time to litigate the LP off the ballot, we are stuck with 2 days notice of who will be allowed to participate in any given debate, forcing the application of nothing less than emergency injunctions, which won’t be granted, lest a court system invade in the massive private logistics required to present such a debate.
Such a horrible situation the Privite Parties have made for any other party or even independent individuals trying to win an election. Could one sue under the Commerce Clause? Two Inter-state private organizations colluding to exclude competition? Sounds like if it were energy companies or railroads, this behavior couldn’t stand - in the courts or in the Public Eye.
September 3rd, 2008 at 1:34 pm
Well said! Double standard in the first degree!
September 3rd, 2008 at 4:02 pm
Justin that’s hilarious. You’re right. He actually did make the point for the Texas legal action.
Difference is: The suppose’d Libertarian Party violation of law in Pennsylvania is based on some ridiculous legal fiction that there is some divine purpose to a ballot access drive that does not involve simply demonstrating some base of support to gain the “honor” of sharing the ballot lines with our duopoly overlords. Republicans conjured up a real silly one there; whereas the Democrat/Republican party violations in Texas are happening in plain sight. No legal fictions required. In fact it seemed to me that McCain/Palin was added to the Texas Secretary of State site before the Republican convention delegates held their vote. So there may even be new coloration to the Texas debacle in that the Republican Party may have also violated party rules and/or additional state or federal law(s) by doing so. If nothing else there may be affidavits involved in that as well, and if this preposterous legal fiction applies across the board (which it doesn’t, because it’s preposterous); then the same in Texas would be nothing more than additional evidence in our support above and beyond that which is in plain sight.
September 3rd, 2008 at 4:14 pm
I guess this thread is as good as any for my frivolous post. I was thinking about Bob’s statement on Glenn Beck last week that he couldn’t afford a campaign song, and I got to thinking about what a good one would be if he had one. Appealing to my own “old-school metal” sensibilities, I think Judas Priest’s “Rock Hard Ride Free” would be a good one. Here are the lyrics:
Get a grip on the action, moving heaven and earth
Gotta get a reaction, push for all that you’re worth
No denying we’re going against the grain
So defiant they’ll never put us down
Rock Hard Ride Free all day, all night
Rock Hard Ride Free all your life
Tough as steel stop at nothing
Look at fate in the face
Don’t take no for an answer
Grab the lead in the race
Rock hard with a purpose
Got a mind that won’t bend
Die hard resolution
That is true to the end
OK, back to all seriousness…GO BOB!!! I’ve been calling the COPD and requesting that they include you in the debates!!!
September 3rd, 2008 at 4:49 pm
Whats the COPD’s number and is there a certain time to call.
September 3rd, 2008 at 5:13 pm
COPD # is 202-872-1020. I would assume that they are only there until 5 p.m. EST. I called after that time yesterday and left a message. When I called last week, and again today, I spoke with a real person.
September 3rd, 2008 at 5:39 pm
FROM BALLOT_ACCESS.ORG
Bob Barr New Hampshire Petition Has Enough Valid Signatures
September 3rd, 2008
On September 3, New Hampshire Libertarians turned in enough signatures to place Bob Barr, and also to place Susan Newell (the party’s gubernatorial candidate), on the ballot.
Let’s all celebrate by sending in $5
September 3rd, 2008 at 8:46 pm
And include him in the debates. I have written an article that can be found at the website provided. http://politicsavalanche.blogspot.com/2008/09/im-voting-for-bob-barr-to-be-included.html
September 4th, 2008 at 9:37 am
One week old, and my CPD petition is already at 129 signatures.
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Petition the CPD to open the Debates:
http://www.ipetitions.com/petition/presidential_debates/