On March 7, Socialist Party presidential candidate Brian Moore filed a lawsuit in federal court against an Ohio restriction on petitioning. Moore v Brunner, case number not known yet. The lawsuit attacks an Ohio law that makes it illegal for someone who is not a registered voter in Ohio, to circulate for an independent candidate.
Ralph Nader had filed a similar lawsuit in 2004, but the federal courts in Ohio refused to adjudicate the issue for his lawsuit, since the 2004 judges believed that Nader had used out-of-state petitioners, in defiance of the law. Moore won’t have that problem, since he hasn’t started petitioning in Ohio.
Ohio law, taken as a whole, is irrational. It is legal for out-of-staters to circulate a new party petition in Ohio, so there can’t possibly be any defense for imposing residency rules for circulators for independent candidates. Furthermore, Ohio even forces the independent candidate circulators not only to be residents, but to be registered voters in Ohio. In 1999 the U.S. Supreme Court had struck down laws requiring circulators to be registered voters.
The election process in a *sovereign* State has been screwed up by the MORON Supremes.
ONLY the Electors in such State have anything to do with elections — in nominations, elections and issue petitions. All others are aliens — foreigners.
One more 1999 screwed up case by the MORON Supremes.
We take our time in Ohio to fix unconstitutional laws.
As an aside, if you look over the revised code, you’ll see numerous references to “the two parties” in chapter 35. For instance, one must be a registered Democrat or Republican to be a poll worker. Now we only have 2 official parties here, but I’d like to see how the law would work if another party member would want to become a poll worker after that party became registered.
Our politicians have written the law without any thought as to what would happen if more than two parties had electoral success.
This is just blatantly unconstitutional in all respects. Every candidate on a ballot, Democrat, Republican, or otherwise, is entitled to have a representative at every polling place. Good for Brian Moore. I can’t imagine this suit won’t succeed at least in part.
A Socialist on the ballot in Ohio for president….wow. When was the last time that happened? Norman Thomas?
Can you provide a citation for the Ohio requirement that poll workers be registered Democrats or Republicans? Thanks.
Many states have the same or like issue of bias written into law. It is a direct aim of social democrats to change this fact we all face towards having a real democracy in every sense of the meaning without any restrictions i.e. direct democracy.
In 1973 a 3-judge US District in Ohio upheld Ohio’s law that members of election boards can only be Democrats and Republicans. Pirincin v Bd. of Elections of Cuyahoga County, 368 F Supp 64 (northern district of Ohio). The US Supreme Court summarily affirmed it. Pirincin was with the Socialist Labor Party.
I forgot to say, when the Pirincin lawsuit was filed, in 1972, the Socialist Labor Party was a ballot-qualified party in Ohio.
The last time the presidential candidate of a party that supports socialism was on the Ohio November ballot was 1996, when the Workers World got Monica Moorehead on in Ohio.
MB,
Ohio Revised Code 3501.22 states:
… Not more than one-half of the total number of judges shall be members of the same political party. The term of such precinct officers shall be for one year. The board may, at any time, designate any number of election officers, not more than one-half of whom shall be members of the same political party, to perform their duties at any precinct in any election. The board may appoint additional officials, equally divided between the two major political parties, when necessary to expedite voting.
There is some leeway here. Two Rs, 1 D, and 1 unaffiliated voter would technically meet the first clause (one party would have no more than 1/2 the seats), but no one has ever reads it that way. In conjunction with the final clause, it is obvious that they truly mean to keep only Democrats and Republicans as poll workers.
I know this is true because I have been denied an application to be a poll worker because I refused to vote a partisan ballot (which registers you as a member of the party) or sign a statement that I support the party I was registering as.
I meant specifically the Socialist Party, not one of the communist parties. When was the last time the SP presidential candidate was on the ballot in Ohio? If I were involved in a bar bet on this I would guess Norman Thomas.
The last time the Socialist Party placed its presidential candidate on the Ohio ballot was 1932.
The issue of Pirincin v Bd. of Elections of Cuyahoga County should be re-adjudicated from scratch. Most first year law students could win this one.
Winger is behind times! On June 2, 2008, Judge Frost ruled, Case No.02-08-cv-00224, granting Moore’s Motion For Preliminary Injunction, but a look at the docket makes a sham of this order because there is no trial scheduled until Oct. 13, 2009 , months after newly elected officials have already taken federal office in January , 2009! I am waiting for Judge Sargus to decide a very ” elementary question ” in my federal case , Case No. 02-08-cv-092, filed Jan. 31, 2008?
Can I have the Ohio telephone numbers for the Ohio Socialist Party , then I can tell you why ?