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Who Needs States Rights? We Want an Activist Judge!
Author: Raine
Date: 01/02/2012 13:59:22
By now you have probably heard that the Commonwealth of Virginia has 2 of the current GOP candidates on its Primary Ballot. 2 out of 7.
Virginia's ballot access laws are among the toughest state ballot laws in the country. For statewide office, a candidate is required to collect 10 thousand signatures including 400 signatures from each of the states 11 congressional districts. Only Mitt Romeny and Ron Paul succeeded in getting on the ballot. Rick Perry and Newt Gingrich both filed petitions but were rejected for not meeting the requirements listed above.
Is the bar too high for candidates to gain ballot access in Virginia? Possibly, but that is another discussion. Right now, this is the law of Virginia. According to Article 1, section 4 of the Constitution, The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.. Basically it is a state right. This is something that is championed by many on the right when decrying the evils of over-regulation on the part of the federal government.
So what happens? Rick Perry decides to sue Virginia in federal court to have his name on the primary ballot. Basically, he is seeking one of those activist judges to circumvent the right of the state of Virginia to decide how a candidate can get their name on a ballot. From the Dallas News, December 27: Since that time, Newt Gingrich, Michelle Bachmann, Jon Huntsman and Rick Santorum have joined the lawsuit, all claiming that the law is unconstitutional. From CNN: Did you read that? Perry didn't get enough signatures, Gingrich has admitted to fraudulent actions within his campaign and the other three candidates didn't even bother to pay attention the state law regarding elections. Amazing.
As I said earlier, there is a good discussion to be had with regards to ballot access in this and many other states. The problem here is not only the hypocrisy of people like Rick Perry, but it shows how little these candidates as a whole seem to regard the Constitution and their campaign while running for the office of the President of the United States. Campaigns are more than just going on TV and having debates. Campaigns need state level infrastructure with people who are familiar with election laws state by state aqnd they need to get things in place PRIOR to the primaries. How long has this campaign be going on for? Was it that difficult for each and every one of these candidates to have volunteers and maybe a state campaign chair to ensure that this minimum requirement be met? Personally, I am of the opinion that if one cannot do this very basic thing, they should not be on the ballot. That 3 of the 5 people in this lawsuit did not even bother to file a petition shows how unseriously they seem to take the very Idea of states rights and their candidacy. Even our very conservative Attorney General stopped pushing for an immediate change to these rules: Seems as tho this particular crop of candidates are all for states rights when it suits them. A little voter fraud is ok if you don't get caught and activist judges are the devil's accomplice until they need one to do their bidding.
Happy New Year!
and 
Raine
Virginia's ballot access laws are among the toughest state ballot laws in the country. For statewide office, a candidate is required to collect 10 thousand signatures including 400 signatures from each of the states 11 congressional districts. Only Mitt Romeny and Ron Paul succeeded in getting on the ballot. Rick Perry and Newt Gingrich both filed petitions but were rejected for not meeting the requirements listed above.
Is the bar too high for candidates to gain ballot access in Virginia? Possibly, but that is another discussion. Right now, this is the law of Virginia. According to Article 1, section 4 of the Constitution, The times, places and manner of holding elections for Senators and Representatives, shall be prescribed in each state by the legislature thereof; but the Congress may at any time by law make or alter such regulations, except as to the places of choosing Senators.. Basically it is a state right. This is something that is championed by many on the right when decrying the evils of over-regulation on the part of the federal government.
So what happens? Rick Perry decides to sue Virginia in federal court to have his name on the primary ballot. Basically, he is seeking one of those activist judges to circumvent the right of the state of Virginia to decide how a candidate can get their name on a ballot. From the Dallas News, December 27:
Perry's campaign appeared to recognize the problem of touting states rights on one hand while asking the federal government to overrule a state's law on the other. In a statement, campaign manager Ray Sullivan said: "Gov. Perry greatly respects the citizens and history of the Commonwealth of Virginia and believes Virginia Republicans should have greater access to vote for one of the several candidates for President of the United States. "Virginia ballot access rules are among the most onerous and are particularly problematic in a multi-candidate election. We believe that the Virginia provisions unconstitutionally restrict the rights of candidates and voters by severely restricting access to the ballot, and we hope to have those provisions overturned or modified to provide greater ballot access to Virginia voters and the candidates seeking to earn their support."
On Wednesday, Gingrich cited fraud as the reason he didn’t make it onto the ballot, laying the blame on one of his campaign's paid volunteers.
"We hired somebody who turned in false signatures. We turned in 11,100 – we needed 10,000 – 1,500 of them were by one guy who frankly committed fraud,” Gingrich said.
.....
All five candidates filing the lawsuit failed to qualify for the ballot.
Huntsman, Bachmann and Santorum did not file petitions with the Virginia State Board of Elections that would have allowed them a place in the state's primary. Gingrich and Perry filed petitions that were later rejected by the Republican Party of Virginia for not meeting requirements.
As I said earlier, there is a good discussion to be had with regards to ballot access in this and many other states. The problem here is not only the hypocrisy of people like Rick Perry, but it shows how little these candidates as a whole seem to regard the Constitution and their campaign while running for the office of the President of the United States. Campaigns are more than just going on TV and having debates. Campaigns need state level infrastructure with people who are familiar with election laws state by state aqnd they need to get things in place PRIOR to the primaries. How long has this campaign be going on for? Was it that difficult for each and every one of these candidates to have volunteers and maybe a state campaign chair to ensure that this minimum requirement be met? Personally, I am of the opinion that if one cannot do this very basic thing, they should not be on the ballot. That 3 of the 5 people in this lawsuit did not even bother to file a petition shows how unseriously they seem to take the very Idea of states rights and their candidacy. Even our very conservative Attorney General stopped pushing for an immediate change to these rules:
Critics say Virginia's requirements are too strict, but state GOP leaders say candidates knew the rules well in advance.
Cuccinelli said in a statement Saturday that ballot access laws need to be changed not for any candidate or party, but for the voters. He backtracked Sunday, saying there's no way to change the rules for the March 6 primary and still be fair to the candidates who already qualified.
Happy New Year!
and Raine
Comments:
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Comment by 
velveeta jones on 01/02/2012 14:37:05
velveeta jones on 01/02/2012 14:37:05
Seems to me some of these guys might be spending their campaign dough on shitty internet ads, fancy dinners, and big-ass ugly buses with their big-ass faces and a phoney patriotic saying plastered on the side, instead of hiring good people to do simple things. (Also sometimes called "job creating", by the way).
But, that's just me.
But, that's just me.
Comment by 
Raine on 01/02/2012 14:38:28
Raine on 01/02/2012 14:38:28
Wow, just wow. I would say start watching at about 9:05 minutes in if you can watch the whole thing:
Comment by 
trojanrabbit on 01/02/2012 14:52:13
trojanrabbit on 01/02/2012 14:52:13
I think quite a few people here forgot we don't have a holiday today. Our "New Year's Day" was Friday. Nice commute though.
Weird. The Medical division has today off, the Lighting division (me) doesn't.
All the better. My brain is non-functional.
We committed fraud....frankly. So like ACORN, can we disband the GOP? It would have been fun to see a Democrat controlled House try that, or at least our Minority leader put up a fuss. Who am I kidding, Pelosi wouldn't even impeach Dubya and his henchmen. Part of me still thinks she's in it as well.
Weird. The Medical division has today off, the Lighting division (me) doesn't.
All the better. My brain is non-functional.
We committed fraud....frankly. So like ACORN, can we disband the GOP? It would have been fun to see a Democrat controlled House try that, or at least our Minority leader put up a fuss. Who am I kidding, Pelosi wouldn't even impeach Dubya and his henchmen. Part of me still thinks she's in it as well.
Comment by Raine on 01/02/2012 14:52:38
That is a great point Vel.
I'm just shaking my head.
Raine on 01/02/2012 14:52:38
Quote by velveeta jones:
Seems to me some of these guys might be spending their campaign dough on shitty internet ads, fancy dinners, and big-ass ugly buses with their big-ass faces and a phoney patriotic saying plastered on the side, instead of hiring good people to do simple things. (Also sometimes called "job creating", by the way).
But, that's just me.
I'm just shaking my head.
Comment by 
TriSec on 01/02/2012 15:11:32
TriSec on 01/02/2012 15:11:32
Idle thought...maybe the presidential primary process is intentionally complex with a multitude of different rules and regulations. Candidates that can't hack the nominating process because of ineptitude or otherwise....maybe they shouldn't be president to begin with.
Comment by Raine on 01/02/2012 15:23:49
Raine on 01/02/2012 15:23:49
Glenn Greenwald defends 'Obama could rape a nun' attack on supporters
This is a very well article on the NDAA and Greenwald.
This is a very well article on the NDAA and Greenwald.
Comment by Raine on 01/02/2012 15:28:42
Exactly. That was something I wanted to mention in the blog. I think perhaps I may write of it in the near future. From the Wiki Entry I posted:
Raine on 01/02/2012 15:28:42
Quote by TriSec:
Idle thought...maybe the presidential primary process is intentionally complex with a multitude of different rules and regulations. Candidates that can't hack the nominating process because of ineptitude or otherwise....maybe they shouldn't be president to begin with.
the following arguments are put forth about the need for strict ballot access laws in the United States
With plurality voting, allowing third candidates on the ballot could split the vote of a majority and throw the race to a candidate a majority dislike. Allowing only two candidates on the ballot insures that at least the worst one is never elected.
If a third party could get enough votes to win an election, then voters who would support the nominee could infiltrate one of the two parties by registering as members, and force a win in that party's primary. However, pulling this off would take considerable coordination on the part of the supporting voters, especially if half of them preferred to infiltrate the other major party or remain independent. It would also depend on the rules of the major party for how people may become candidates in their primary, and on which registered members may vote in the primary.
There is a one person one vote mandate. If voters could vote in a primary for one candidate, and then sign a petition for another candidate, this would violate that mandate. Some voters might sign a petition for the candidate they want, and then vote in the primary for the candidate who would be easier to beat. Since primary votes are anonymous, and a party therefore can not remove that voter's vote after it is cast, the only remedy is to strike the voter's signature on the petition. As for signatures not counting if a voter later votes in a primary, that could be reformed since the political party would know in advance about the signatures if they are filed in time.
Sore loser laws, where a candidate who loses in a primary may not then run as an independent candidate in that same election, stem from contract laws. Similar minded candidates run in the same primary with the contract that the losers will drop out of the race and support the winner so that they do not split the votes of similar minded voters and cause the other party's nominee to win with 40% of the vote. The need for primaries is primarily because of plurality voting, whose rules state that the candidate receiving the most votes wins, even if not a majority.
Strict ballot access laws make it difficult for extremists to get on the ballot, since few people would want to sign their petition.
Comment by Raine on 01/02/2012 15:30:39
Raine on 01/02/2012 15:30:39
There is, however a fair argument to be made that strict ballot access laws make it more difficult for a third party to emerge. This goes back to something I have long crtized parties like the Green for: organizing in between election and creating a base.
Comment by 
Mondobubba on 01/02/2012 15:31:50
Mondobubba on 01/02/2012 15:31:50
When I first heard about this last Friday, my first thought was whiny little Republican babies can't get their way so they sue. Glad to see I'm not alone.
Comment by TriSec on 01/02/2012 16:06:17
TriSec on 01/02/2012 16:06:17
Apple Pie just went in the oven (Granny Smiths), and we'll be tackling Julia's Boeuf a la Catalane later this afternoon.
In between, it's supposed to be in the mid-40s here today, we might go and visit the Minuteman, which we often do on New Year's day.
(That's the one at Old North Bridge; his more famous cousin is in Lexington Center at the green.)
In between, it's supposed to be in the mid-40s here today, we might go and visit the Minuteman, which we often do on New Year's day.
(That's the one at Old North Bridge; his more famous cousin is in Lexington Center at the green.)
Comment by Raine on 01/02/2012 16:17:55
This is a letter someone wrote to RAINN about this particularly nasty incident.
Raine on 01/02/2012 16:17:55
Quote by Raine:
Glenn Greenwald defends 'Obama could rape a nun' attack on supporters
This is a very well article on the NDAA and Greenwald.
Comment by Raine on 01/02/2012 16:26:34
The same people who want TORT reform.
Raine on 01/02/2012 16:26:34
Quote by Mondobubba:
When I first heard about this last Friday, my first thought was whiny little Republican babies can't get their way so they sue. Glad to see I'm not alone.
Comment by 
livingonli on 01/02/2012 16:55:30
livingonli on 01/02/2012 16:55:30
Good morning everyone. How many more examples of Republican hypocrisy do we need?
Actually at work today since I have an early shift doing some stuff along with the Rangers pre-game at 2 PM before the Winter Classic even though NBC now has a 2-hour pre-game because of the time change of the game from 1 to 3 PM.
Actually at work today since I have an early shift doing some stuff along with the Rangers pre-game at 2 PM before the Winter Classic even though NBC now has a 2-hour pre-game because of the time change of the game from 1 to 3 PM.
Comment by Raine on 01/02/2012 16:57:37
What time is the Winter Classic?
Raine on 01/02/2012 16:57:37
Quote by livingonli:
Good morning everyone. How many more examples of Republican hypocrisy do we need?
Actually at work today since I have an early shift doing some stuff along with the Rangers pre-game at 2 PM before the Winter Classic even though NBC now has a 2-hour pre-game because of the time change of the game from 1 to 3 PM.
What time is the Winter Classic?
Comment by livingonli on 01/02/2012 17:14:34
3 PM although NBC is running a two-hour pregame from 1 to 3 since the game time was changed due to the weather and ice conditions since it's been warm the last few days. The NBC pregame may also be used to promote the new NBC Sports Network (formerly Versus).
livingonli on 01/02/2012 17:14:34
Quote by Raine:Quote by livingonli:
Good morning everyone. How many more examples of Republican hypocrisy do we need?
Actually at work today since I have an early shift doing some stuff along with the Rangers pre-game at 2 PM before the Winter Classic even though NBC now has a 2-hour pre-game because of the time change of the game from 1 to 3 PM.
What time is the Winter Classic?
3 PM although NBC is running a two-hour pregame from 1 to 3 since the game time was changed due to the weather and ice conditions since it's been warm the last few days. The NBC pregame may also be used to promote the new NBC Sports Network (formerly Versus).
Comment by Raine on 01/02/2012 17:27:09
Raine on 01/02/2012 17:27:09
Thom is right, we went thru LESS invasive security going to see the President than we do trying to get on an airplane.
Comment by 
BobR on 01/02/2012 19:17:32
BobR on 01/02/2012 19:17:32
Sorry I've been so absent here today - I am taking advantage of my day off and brewing a Scotch Ale
Comment by Mondobubba on 01/02/2012 20:51:17
More of the massive hypocrisy of the GOP.
Mondobubba on 01/02/2012 20:51:17
Quote by Raine:The same people who want TORT reform.Quote by Mondobubba:
When I first heard about this last Friday, my first thought was whiny little Republican babies can't get their way so they sue. Glad to see I'm not alone.
More of the massive hypocrisy of the GOP.
Comment by 
Will in Chicago on 01/02/2012 20:55:58
Will in Chicago on 01/02/2012 20:55:58
Happy New Year, everyone!!
Thanks for a great blog, Raine!! It seems that the GOP's presidential candidates are little more than whiny children, It is ironic that Newt Gingrich may be one of the first victims of GOP efforts to restrict voting.
Here, I slept in and I am taking it easy today. In honor of the start of the year, here is a video.
Thanks for a great blog, Raine!! It seems that the GOP's presidential candidates are little more than whiny children, It is ironic that Newt Gingrich may be one of the first victims of GOP efforts to restrict voting.
Here, I slept in and I am taking it easy today. In honor of the start of the year, here is a video.
Comment by Raine on 01/02/2012 21:52:14
Raine on 01/02/2012 21:52:14
Weird. I just streamed WeActRadio. The schedule says that I am supposed to be listening to Ed. This is Thom.
Comment by livingonli on 01/02/2012 22:01:43
I wonder if it's similar to the other day when stations started running the wrong shows (Ed on stations airing Thom live and Thom on stations carrying Ed live.
livingonli on 01/02/2012 22:01:43
Quote by Raine:
Weird. I just streamed WeActRadio. The schedule says that I am supposed to be listening to Ed. This is Thom.
I wonder if it's similar to the other day when stations started running the wrong shows (Ed on stations airing Thom live and Thom on stations carrying Ed live.
Comment by TriSec on 01/02/2012 22:04:21
TriSec on 01/02/2012 22:04:21
T-90 minutes on the stew. Scotch in the cook, checek.
Comment by Raine on 01/02/2012 23:41:35
I suspect it is a combination of just getting up and running and New years.
I am listening to the Speak Easy show -- and despite some tinny sound on the iTunes stream -- is is pretty awesome.
Raine on 01/02/2012 23:41:35
Quote by livingonli:Quote by Raine:
Weird. I just streamed WeActRadio. The schedule says that I am supposed to be listening to Ed. This is Thom.
I wonder if it's similar to the other day when stations started running the wrong shows (Ed on stations airing Thom live and Thom on stations carrying Ed live.
I am listening to the Speak Easy show -- and despite some tinny sound on the iTunes stream -- is is pretty awesome.