Comments on: Paperwork Glitch Injures 12 Indiana Libertarian Candidates

By: Robbin Stewart

Robbin Stewart — Thu, 03 Aug 2006 22:35:22 +0000

James,, that case would be useful, could you find out more.
My client Joell Palmer was one of the candidates struck from the ballot.
He intends to continue running, even if his votes are never counted.
Litigation is possible.
Donations for the court costs are welcome (and can be returned if nobody sues.. right now I’m just gathering information. gtbear at gmail.

By: James Hammett

James Hammett — Fri, 28 Jul 2006 12:49:28 +0000

I remember when I turned in my Texas Libertarian Convention Results (either country or state senate district) to our SOS Office, (one of our State Party people was there also was there) and we chatted a bit with the SOS elections official.

She (?) told us that had a candidate won in the convention and we failed to get the paperwork in on time, the candidate still had to be on the ballot, b/c of a lawsuit about this a judge had ruled that the candidates (who had won the nomination) could not be punished for the failure of the Convention chair.

I’m not sure if this was a state court judge or federal (i.e. the scope), or even if it applies, but it might be a useful piece of information for a litigator to look at.

By: citizen1

citizen1 — Wed, 26 Jul 2006 09:07:42 +0000

Sounds like a law that is only meant to keep minor parties off the ballot.

By: Rock Howard

Rock Howard — Tue, 25 Jul 2006 20:57:35 +0000

As Tom Delay recently learned, it is illegal for a state to add additional qualifications for federal office to those mandated by the U.S. Constitution. Therefore these paperwork snafus are certainly unconstitutional if they are construed as adding additional qualifications for candidates for the U.S. House or Senate.