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	<title>Comments on: South Carolina Supreme Court to Hear Case on Party Loyalty Oath</title>
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	<link>http://www.ballot-access.org/2010/01/04/south-carolina-supreme-court-to-hear-case-on-party-loyalty-oath/</link>
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		<title>By: Temple v Platt case argued before the SC Supreme Court &#171; Some Carolinian</title>
		<link>http://www.ballot-access.org/2010/01/04/south-carolina-supreme-court-to-hear-case-on-party-loyalty-oath/comment-page-1/#comment-783344</link>
		<dc:creator>Temple v Platt case argued before the SC Supreme Court &#171; Some Carolinian</dc:creator>
		<pubDate>Sat, 09 Jan 2010 02:38:36 +0000</pubDate>
		<guid isPermaLink="false">http://www.ballot-access.org/?p=9798#comment-783344</guid>
		<description>[...] Temple v Platt case argued before the SC Supreme&#160;Court  January 8, 2010 Scott West Leave a comment Go to comments    I&#8217;ve posted a round up of recent news on Eugene Platt&#8217;s case in state court concerning the party loyalty oaths. Platt, who as served on the James Island Public Service Commission for many years, nearly won the SC House District 115 running as a Democrat in 2006. In 2008 Platt sought and was awarded the Green Party nomination for the same seat, then ran in the Democratic Primary hoping to set up a fusion campaign. Platt lost the Democratic Party primary, then was kept off the ballot as a Green when the SC State Election Commission upheld the larger party&#8217;s loyalty oath. This was despite the overall legality of fusion and the oath&#8217;s technical application to write-in and petition campaigns only.   Lawyers representing the ACLU Voting Rights Project argued the case of Temple v Platt&#8217;s case before the South Carolina Supreme Court on Wednesday, January 6. The case arises from the Democratic Party of South Carolina&#8217;s successful move to keep Eugene Platt off the November 2008 ballot by means of a loyalty oath. As Ballot Access News helpfully explains: [...]</description>
		<content:encoded><![CDATA[<p>[...] Temple v Platt case argued before the SC Supreme&nbsp;Court  January 8, 2010 Scott West Leave a comment Go to comments    I&#8217;ve posted a round up of recent news on Eugene Platt&#8217;s case in state court concerning the party loyalty oaths. Platt, who as served on the James Island Public Service Commission for many years, nearly won the SC House District 115 running as a Democrat in 2006. In 2008 Platt sought and was awarded the Green Party nomination for the same seat, then ran in the Democratic Primary hoping to set up a fusion campaign. Platt lost the Democratic Party primary, then was kept off the ballot as a Green when the SC State Election Commission upheld the larger party&#8217;s loyalty oath. This was despite the overall legality of fusion and the oath&#8217;s technical application to write-in and petition campaigns only.   Lawyers representing the ACLU Voting Rights Project argued the case of Temple v Platt&#8217;s case before the South Carolina Supreme Court on Wednesday, January 6. The case arises from the Democratic Party of South Carolina&#8217;s successful move to keep Eugene Platt off the November 2008 ballot by means of a loyalty oath. As Ballot Access News helpfully explains: [...]</p>
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		<title>By: Temple v Platt case argued before the SC Supreme Court &#171; South Carolina Green Party</title>
		<link>http://www.ballot-access.org/2010/01/04/south-carolina-supreme-court-to-hear-case-on-party-loyalty-oath/comment-page-1/#comment-783343</link>
		<dc:creator>Temple v Platt case argued before the SC Supreme Court &#171; South Carolina Green Party</dc:creator>
		<pubDate>Sat, 09 Jan 2010 02:20:31 +0000</pubDate>
		<guid isPermaLink="false">http://www.ballot-access.org/?p=9798#comment-783343</guid>
		<description>[...] Platt off the November 2008 ballot by means of a loyalty oath. As Ballot Access News helpfully explains:  The Green Party&#8230;nominated Platt [as its candidate for the State House of Representatives, [...]</description>
		<content:encoded><![CDATA[<p>[...] Platt off the November 2008 ballot by means of a loyalty oath. As Ballot Access News helpfully explains:  The Green Party&#8230;nominated Platt [as its candidate for the State House of Representatives, [...]</p>
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		<title>By: Eugene Platt for SC State House</title>
		<link>http://www.ballot-access.org/2010/01/04/south-carolina-supreme-court-to-hear-case-on-party-loyalty-oath/comment-page-1/#comment-783129</link>
		<dc:creator>Eugene Platt for SC State House</dc:creator>
		<pubDate>Tue, 05 Jan 2010 23:06:33 +0000</pubDate>
		<guid isPermaLink="false">http://www.ballot-access.org/?p=9798#comment-783129</guid>
		<description>[...] One may read this post and wonder what the difference is in the two cases. The reason there are two cases is that Platt faced two legal barriers to being put on the November ballot as the Green Party nominee. First he placed the barrier of a state ballot access law, which is the subject of the federal case. Second, he faced the barrier that another state election law gives a party to power to sue someone who tries to run against the partyâ€™s nominee, if that person had first tried to obtain that partyâ€™s nomination and had failed to get it. That second law would even make it illegal for someone like that to run as a write-in candidate in November. All of these laws make little sense, given that South Carolina permits two parties to jointly nominate the same candidate. None of the other states that permit fusion place such landmines in the path of anyone who tries to use the fusion process. 4 Comments Â»  [...]</description>
		<content:encoded><![CDATA[<p>[...] One may read this post and wonder what the difference is in the two cases. The reason there are two cases is that Platt faced two legal barriers to being put on the November ballot as the Green Party nominee. First he placed the barrier of a state ballot access law, which is the subject of the federal case. Second, he faced the barrier that another state election law gives a party to power to sue someone who tries to run against the partyâ€™s nominee, if that person had first tried to obtain that partyâ€™s nomination and had failed to get it. That second law would even make it illegal for someone like that to run as a write-in candidate in November. All of these laws make little sense, given that South Carolina permits two parties to jointly nominate the same candidate. None of the other states that permit fusion place such landmines in the path of anyone who tries to use the fusion process. 4 Comments Â»  [...]</p>
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		<title>By: Eugene Platt for SC State House</title>
		<link>http://www.ballot-access.org/2010/01/04/south-carolina-supreme-court-to-hear-case-on-party-loyalty-oath/comment-page-1/#comment-783128</link>
		<dc:creator>Eugene Platt for SC State House</dc:creator>
		<pubDate>Tue, 05 Jan 2010 23:05:13 +0000</pubDate>
		<guid isPermaLink="false">http://www.ballot-access.org/?p=9798#comment-783128</guid>
		<description>[...] By Richard Winger Reprinted from Ballot Access News [...]</description>
		<content:encoded><![CDATA[<p>[...] By Richard Winger Reprinted from Ballot Access News [...]</p>
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		<title>By: Scott West</title>
		<link>http://www.ballot-access.org/2010/01/04/south-carolina-supreme-court-to-hear-case-on-party-loyalty-oath/comment-page-1/#comment-783076</link>
		<dc:creator>Scott West</dc:creator>
		<pubDate>Mon, 04 Jan 2010 23:51:45 +0000</pubDate>
		<guid isPermaLink="false">http://www.ballot-access.org/?p=9798#comment-783076</guid>
		<description>Jim: get your own blog.  No one can understand what you are talking about.</description>
		<content:encoded><![CDATA[<p>Jim: get your own blog.  No one can understand what you are talking about.</p>
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		<title>By: Jim Riley</title>
		<link>http://www.ballot-access.org/2010/01/04/south-carolina-supreme-court-to-hear-case-on-party-loyalty-oath/comment-page-1/#comment-783062</link>
		<dc:creator>Jim Riley</dc:creator>
		<pubDate>Mon, 04 Jan 2010 20:19:07 +0000</pubDate>
		<guid isPermaLink="false">http://www.ballot-access.org/?p=9798#comment-783062</guid>
		<description>The federal district court did not rule on the filing deadline and party oath issues, thus (at least as argued by the State in their brief) they may not be appealed to the 4th Circuit.</description>
		<content:encoded><![CDATA[<p>The federal district court did not rule on the filing deadline and party oath issues, thus (at least as argued by the State in their brief) they may not be appealed to the 4th Circuit.</p>
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		<title>By: Jim Riley</title>
		<link>http://www.ballot-access.org/2010/01/04/south-carolina-supreme-court-to-hear-case-on-party-loyalty-oath/comment-page-1/#comment-783061</link>
		<dc:creator>Jim Riley</dc:creator>
		<pubDate>Mon, 04 Jan 2010 20:15:21 +0000</pubDate>
		<guid isPermaLink="false">http://www.ballot-access.org/?p=9798#comment-783061</guid>
		<description>The fundamental concept behind a partisan nominating system is to exclude candidates and voters from participating.  In essence, candidates Hutto and Platt were seeking an exclusive right to appear on the general election ballot as the Democratic Party.

Before adoption of the Australian ballot, the Democrats would have had their party &quot;workers&quot; out disrupting distribution of ballots with Platt&#039;s name printed on it.  Democratic and Republican leaning newspapers might omit Platt&#039;s name from sample ballots they print, just as they often ignore minor party candidates in their news coverage.

Now political parties seek to exclude through control of the election law.  Party lawyers have replaced the party toughs of the 19th century, but their purposes are the same.

But consider what would happen in an Open Primary state such as Washington or Louisiana, and soon to be California.  Placement on the ballot requires a modest number of signatures and a filing fee, much as was promised when the Australian ballot was introduced over a century ago.

Endorsement and support of candidates is totally separate from placement of candidates on the ballot.  The parties are free to recruit candidates, provide financial and other support, run positive or negative campaigns, but they could not use the legal system to prevent voters from casting a ballot for other candidates.

In California, political parties will be able to have their endorsements distributed as part of the Voter&#039;s Pamphlet.  In races where the party does not have a candidate, they may endorse a candidate who prefers another party, but may be closer to the party&#039;s political views than the other candidates.  A party might even endorse a candidate who prefers another party, if a candidate who prefers their candidate is an embarrassment (eg Tom Metzger or Duke Cunningham).</description>
		<content:encoded><![CDATA[<p>The fundamental concept behind a partisan nominating system is to exclude candidates and voters from participating.  In essence, candidates Hutto and Platt were seeking an exclusive right to appear on the general election ballot as the Democratic Party.</p>
<p>Before adoption of the Australian ballot, the Democrats would have had their party &#8220;workers&#8221; out disrupting distribution of ballots with Platt&#8217;s name printed on it.  Democratic and Republican leaning newspapers might omit Platt&#8217;s name from sample ballots they print, just as they often ignore minor party candidates in their news coverage.</p>
<p>Now political parties seek to exclude through control of the election law.  Party lawyers have replaced the party toughs of the 19th century, but their purposes are the same.</p>
<p>But consider what would happen in an Open Primary state such as Washington or Louisiana, and soon to be California.  Placement on the ballot requires a modest number of signatures and a filing fee, much as was promised when the Australian ballot was introduced over a century ago.</p>
<p>Endorsement and support of candidates is totally separate from placement of candidates on the ballot.  The parties are free to recruit candidates, provide financial and other support, run positive or negative campaigns, but they could not use the legal system to prevent voters from casting a ballot for other candidates.</p>
<p>In California, political parties will be able to have their endorsements distributed as part of the Voter&#8217;s Pamphlet.  In races where the party does not have a candidate, they may endorse a candidate who prefers another party, but may be closer to the party&#8217;s political views than the other candidates.  A party might even endorse a candidate who prefers another party, if a candidate who prefers their candidate is an embarrassment (eg Tom Metzger or Duke Cunningham).</p>
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		<title>By: Gregg Jocoy</title>
		<link>http://www.ballot-access.org/2010/01/04/south-carolina-supreme-court-to-hear-case-on-party-loyalty-oath/comment-page-1/#comment-783054</link>
		<dc:creator>Gregg Jocoy</dc:creator>
		<pubDate>Mon, 04 Jan 2010 17:43:12 +0000</pubDate>
		<guid isPermaLink="false">http://www.ballot-access.org/?p=9798#comment-783054</guid>
		<description>Thanks for your usual fine reporting Richard.  One thing I would all is, the statue in question enjoins a candidate from running as a write-in candidate, as you point out, and enjoins them from seeking a place on the ballot as a petition candidate.  Platt did neither of these things, and never planned to do so.  His goal, and ours as South Carolina Greens, was to run the best, most representative candidate we could...and that person was Platt.

Other party&#039;s primary voters should not be permitted to decide whom the Green Party is able to nominate.

While I am no constitutional lawyer, or lawyer of any sort, I don&#039;t understand how one can give up his or her constitutional rights by signing a pledge.</description>
		<content:encoded><![CDATA[<p>Thanks for your usual fine reporting Richard.  One thing I would all is, the statue in question enjoins a candidate from running as a write-in candidate, as you point out, and enjoins them from seeking a place on the ballot as a petition candidate.  Platt did neither of these things, and never planned to do so.  His goal, and ours as South Carolina Greens, was to run the best, most representative candidate we could&#8230;and that person was Platt.</p>
<p>Other party&#8217;s primary voters should not be permitted to decide whom the Green Party is able to nominate.</p>
<p>While I am no constitutional lawyer, or lawyer of any sort, I don&#8217;t understand how one can give up his or her constitutional rights by signing a pledge.</p>
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