Comments on: Lawsuit Filed Against Oregon Ballot Access Restriction http://www.ballot-access.org/2006/10/03/lawsuit-filed-against-oregon-ballot-access-restriction/ Sun, 12 Feb 2012 05:30:10 +0000 hourly 1 http://wordpress.org/?v=3044 By: Richard Winger http://www.ballot-access.org/2006/10/03/lawsuit-filed-against-oregon-ballot-access-restriction/comment-page-1/#comment-17552 Richard Winger Thu, 05 Oct 2006 11:40:09 +0000 http://www.ballot-access.org/2006/10/03/lawsuit-filed-against-oregon-ballot-access-restriction/#comment-17552 US Constitutional grounds for overturning the Oregon restriction are: (1) states cannot make ballot access harder for a statewide independent than an entire new party, see DeLaney v Bartlett; (2) Oregon violates the principle that the first nominating act counts and the 2nd one doesn't. See Lily v Mahoney, a New York Supreme Court ruling from 1977 or 1978. These two points differentiate Oregon's HB 2614 restriction from Texas law upheld in 1974 by the US Supreme Court. US Constitutional grounds for overturning the Oregon restriction are: (1) states cannot make ballot access harder for a statewide independent than an entire new party, see DeLaney v Bartlett; (2) Oregon violates the principle that the first nominating act counts and the 2nd one doesn’t. See Lily v Mahoney, a New York Supreme Court ruling from 1977 or 1978. These two points differentiate Oregon’s HB 2614 restriction from Texas law upheld in 1974 by the US Supreme Court.

]]> By: Greg Wasson http://www.ballot-access.org/2006/10/03/lawsuit-filed-against-oregon-ballot-access-restriction/comment-page-1/#comment-17513 Greg Wasson Wed, 04 Oct 2006 17:52:13 +0000 http://www.ballot-access.org/2006/10/03/lawsuit-filed-against-oregon-ballot-access-restriction/#comment-17513 James - Sorry, I pushed the wrong button. I'm the person who filed the Oregon suit, and, yes the ruling is from Texas. The difference between Oregon and Texas, though, is that Oregonians have expressly had this right in statute since 1904. Greg Wasson James -

Sorry, I pushed the wrong button. I’m the person who filed the Oregon suit, and, yes the ruling is from Texas.

The difference between Oregon and Texas, though, is that Oregonians have expressly had this right in statute since 1904.

Greg Wasson

]]> By: Greg Wasson http://www.ballot-access.org/2006/10/03/lawsuit-filed-against-oregon-ballot-access-restriction/comment-page-1/#comment-17512 Greg Wasson Wed, 04 Oct 2006 17:48:42 +0000 http://www.ballot-access.org/2006/10/03/lawsuit-filed-against-oregon-ballot-access-restriction/#comment-17512 James - James -

]]> By: james http://www.ballot-access.org/2006/10/03/lawsuit-filed-against-oregon-ballot-access-restriction/comment-page-1/#comment-17483 james Wed, 04 Oct 2006 05:04:33 +0000 http://www.ballot-access.org/2006/10/03/lawsuit-filed-against-oregon-ballot-access-restriction/#comment-17483 Is the 1974 ruling the one from Texas? Is the 1974 ruling the one from Texas?

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