Comments on: Independent Party of Delaware Wins Lawsuit Over its Nominating Procedures http://www.ballot-access.org/2008/09/05/independent-party-of-delaware-wins-lawsuit-over-its-nominating-procedures/ Sun, 12 Feb 2012 10:38:33 +0000 hourly 1 http://wordpress.org/?v=5087 By: Wolfgang von Baumgart http://www.ballot-access.org/2008/09/05/independent-party-of-delaware-wins-lawsuit-over-its-nominating-procedures/comment-page-1/#comment-500323 Wolfgang von Baumgart Sat, 06 Sep 2008 05:30:35 +0000 http://www.ballot-access.org/?p=3911#comment-500323 WE were confident from the beginning that the plaintiff's case did not hold water as the State Executive Committee communicated its concerns to the Delaware Elections Commission in detail prior to the nomination of Mr. Protack, in an effort to preclude any possible violation of Delaware Election Law. In essence, the Plaintiff's case contained numerous factual errors, unsupported allegations and irrelevant case citations Ultimately, it failed to prove applicability of the governing body of law [i.e.: 15 Del.C -- Elections] to party nominating conventions. Ultimately, this controversy points toward the need to include Delaware's minority parties in the primary process under the state and federal "equal protection " constitutional clauses as Delaware primaries are publicly funded. This would more effectively ensure a more open and accessable candidate selection process. Ironicly, the plaintif previously declined the opportunity to chair the IPOD Convention Committee. Holding a large convention is easier said than done. Wolfgang von Baumgart, State Chairman, Independent Party of Delaware ipodosc@yahoo.com (302) 945-2646 WE were confident from the beginning that the plaintiff’s case did not hold water as the State Executive Committee communicated its concerns to the Delaware Elections Commission in detail prior to the nomination of Mr. Protack, in an effort to preclude any possible violation of Delaware Election Law. In essence, the Plaintiff’s case
contained numerous factual errors, unsupported allegations and irrelevant case citations Ultimately, it failed to prove applicability of the governing body of law [i.e.: 15 Del.C -- Elections] to party nominating conventions.

Ultimately, this controversy points toward the need to include Delaware’s minority parties in the primary process under the state and federal “equal
protection ” constitutional clauses as Delaware primaries are publicly funded. This would more effectively ensure a more open and accessable candidate selection process.

Ironicly, the plaintif previously declined the opportunity to chair the IPOD Convention Committee.
Holding a large convention is easier said than done.

Wolfgang von Baumgart,
State Chairman,
Independent Party of Delaware
ipodosc@yahoo.com
(302) 945-2646

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