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Brief Filed in Intra-Party American Independent Party Dispute

Published on February 28, 2011, by in General.

On February 28, the faction of the American Independent Party that is associated with the Constitution Party filed this ten-page brief. The case is called King v Robinson, and is pending in Superior Court in Solano County, California. There will be a hearing in Fairfield, California, on March 11, Friday, at 9 a.m.

The dispute has been pending since 2008, when the California Secretary of State determined that the AIP faction that supported Alan Keyes for President was the legitimate faction.

34 Responses

  1. RJ

    If the CP is already working on getting on the ballot why waste time and energy for what some may think a losing cause with all these lawsuits.

  2. Richard Winger

    The odds that the Constitution Party could get 103,000 registered members in California this year are below one-thousandth of 1%. It would cost a fortune and the party doesn’t have a fortune.

    But the odds that the lawsuit may win are pretty good, in my opinion. Have you read the brief?

  3. RJ

    I read the brief, but not knowing fact from fiction it’s hard to determine from a layman’s prospective which side is right. Reading the bylaws would help as well. It seems to me that California regulates political parties too much and that causes problems. Did the California SOS read the AIP bylaws and simply certify the current regime? Who was the last political party to achieve new party status?

  4. Richard Winger

    The last time parties qualified in California was 1995, when the Natural Law Party, and the Reform Party, did it. Both parties were hugely helped by the public disgust that the Gingrich-Clinton fight had caused the government to shut down the national parks. Also the Natural Law Party in 1995 and 1996 had a lot of money. And of course Ross Perot made sure the Reform Party had all the money it needed, in 1995 and early 1996 anyway.

    The Secretary of State’s staff didn’t check any party bylaws. They just certified the Keyes faction because the outgoing state chair was on the Keyes side. The Secretary of State’s people paid no attention to the details, who was at each meeting, how many people were there, etc.

  5. Paulie

    I thought it was because the Keyes people met up by Sac and the Baldwin people down by LA, and there was some obscure legal section about being up by Sac?

  6. Richard Winger

    #5, you’re thinking about the 2010 conventions, but the lawsuit concerns the 2008 conventions.

  7. An Alabama Independent

    The CP folks should work within the AIP in California. Their gubernatorial candidate – Chalene Nightingale – was nominated in 2010. This proves they represent the average AIP voter.

    But unfortunately, too many 3rd partisans – act like spoiled brats – when they can’t have things their way, they pick up their toys and run home. Shame on the CP folks for acting like spoiled brats by trying to obtain ballot access for the CP when – as Richard points out – has little to no chance of succeeding.

    Stick with the AIP you CP folks. You have the numbers and eventally you will win control of this historic California 3rd party. Stay in there!!!

  8. Mark Seidenberg

    Paulie,

    You are only partly correct. It is not the by-laws that
    governs. It is the California Election Code. Mr. Robinson has not been the Chairman of the AIP since September 2, 2010. He has no authority to act as Chairman in the absents of Chairman Sorenson.

    Sincerely, Mark Seidenberg
    Vice Chairman, American Independent Party

  9. Mark Seidenberg

    Richard Winger

    In your reply to paulie you did not get in right. Jim
    King took the view that the City of Rancho Cordova was
    not in Sacramento. Rancho Cordova is in Sacramento County and it is a community in said county.

    Sincerely, Mark Seidenberg
    Vice Chairman, American Independent Party

  10. Mark Seidenberg

    Richard Winger

    You are wrong again. The 2008 Convention was in the
    Auditorium of the California Secretary of State Building. They provided the convention meeting location
    and had an two employees of the SOS present at the convention. I was the elected chairman of the convention in 2008. Don Grundmann was a delegate
    to that convention and he gave a speech from the
    floor.

    Sincerely, Mark Seidenberg,
    Vice Chairman, American Independent Party

  11. Cody Quirk

    Is the lawsuit ACTUALLY going forward?

  12. Mark Seidenberg

    Cody Quirk

    No!

    Sincerely, Mark Seidenberg
    American Independent Party

  13. Mark Seidenberg

    paulie

    I think you are looking for in #5 California Election Code section 7608(b) which states in part:

    “The Committee will meet in Sacramento…”

    William Shearer wanted the members of Convention and State Central Committee of AIP to lobby on the Friday Before and Monday After the Convention at the legislature. That why the law made it in Sacramento.

    Sincerely, Mark Seidenberg
    Vice Chairman, American Independent Party

  14. Doremus Jessup

    Wow, thirteen comments already without any rambling drivel from Demo Rep. Is he in jail or just dead?

  15. Casual Bystander

    Perhaps both? ;)

  16. Paulie

    @8 I did not say bylaws @ 5. Thanks for the legal section @ 13, not that it matters to me which legal section it is or what exactly it says.

    @11 There is a hearing scheduled, so I would interpret that as moving forward.

  17. Paulie

    Alabama Independent, sorry I don’t remember if I asked you before, what part of Alabama are you in? There’s a meeting of Independent Alabama tomorrow, I’d like to go, but i would need a ride from Tuscaloosa to Birmingham, otherwise I can’t.

  18. Cody Quirk

    Why are you afraid of settling this in Court once and for all, Mark?

  19. Mark Seidenberg

    Cody Quirk

    At #18 you ask “why are you afraid of setting this in
    Court once and for all”? Was #18 address to “Mark Seidenberg”? It is not clear who it is addressed to.
    If so, what is “this”?

    Sincerely, Mark Seidenberg
    Vice Chairman, American Independent Party

  20. Mark Seidenberg

    Richard Winger

    You stated at #4 a statement that “The Secretary of State’s staff didn’t check any party bylaws” and “paid
    no attention to deals, who was at each meeting” and “how
    many people were there, etc”.

    I believe the American Independent Party is over regulated by the California Department of State. However, I am not aware of the authority for the
    Secretary of State to check party bylaws or how many
    people were at the 2008 Convention or organizational
    meeting at the auditorium of the California Secretary
    of State Building in July, 2008, other than making
    sure that the numbers attending do not go over the
    maximum people allowed in that auditorium.

    Other than fire control, why would Debra Bowen’s staff
    need to know “the numbers attending, since the room rental was charge a flat fee? What does the AIP
    By-laws have to do be checked by the staff of the Secretary of State? What is the authority for checking
    the party by-laws by the SOS?

    Sincerely, Mark Seidenberg, Vice Chairman
    American Independent Party

  21. Mark Seidenberg

    Richard Winger,

    Wow! I just read the work of fiction by JIM KING’s lawyer. I note its states on page 3, line 5-6, “Shortly
    after that, Noonan called his own convention, without
    proper notice as required by the by-laws.” I have been
    on the State Central Committee of the American Independent Party since 2004. I have never read a
    by-law covering notice of the AIP Convention in the
    by-laws. Reason, notice is governed by the California
    Election Code and not the by-laws.

    How much of a fool does King think the judge is?

    Sincerely, Mark Seidenberg
    American Independent Party

  22. Mark Seidenberg

    Cody Quirk

    Even Dr. Don Grundmann found his way into the 2008 Convention Auditorium in Sacramento Downtown Community
    of Sacramento County as a delegate on July 5, 2008.
    Don Grundmann was on the State Central Committee of the
    AIP through September 2, 2008. From September 3, 2008,
    Dr. Grundmann has had no assocation with the American
    Independent Party Central Committee.

    Sincerely, Mark Seidenberg
    Vice Chairman, American Independedent Parth

  23. An Alabama Independent

    To Paulie says:

    Sorry I didn’t read your post earlier.

    I reside in the southern part of Alabama. I did not know of this meeting, and couldn’t go anyway, as I have to work weekdays. While I admire and support all efforts for ballot access in Alabama, the leaders of these efforts, need to remember most of us are “working folks” and can’t get off in the middle of the week. We need to schedule meetings like this on Friday nights or Saturdays.

    I trust someone from Independent Alabama will read this.

  24. Cody Quirk

    At #18 you ask “why are you afraid of setting this in
    Court once and for all”? Was #18 address to “Mark Seidenberg”? It is not clear who it is addressed to.
    If so, what is “this”?

    = Don’t play dumb.
    Answer the question, Mark.

  25. Mark Seidenberg

    Cody Quirk

    The reply to King’s opposition to demurrer is been filed today.

    Sincerely, Mark Seidenberg
    Vice Chairman, American Independent Party

  26. Cody Quirk

    Is that your answer?

  27. Mark Seidenberg

    Cody Quirk

    Thank you for informing me of the spelling error. I should of said: The reply brief to Jim King’s opposition to demurrer was filed today.

    Sincerely, Mark Seidenberg
    Vice Chairman, American Independent Party

  28. Mark Seidenberg

    Richard Winger

    You stated in this post that “the California Secretary
    of State determined that the AIP faction that supported Alan Keyes for President was the legitimate faction.”

    Wow, this is news to me. When and by what document did
    Debra Bowen determined that there was a “AIP faction” that supported Alan Keyes? Who was in this faction according to Debra Bowen?

    Back at the Kansas City Convention of the Constitution Party in April, 2008 (which was prior to the June 27, 2008 vote of the State Central Committee of the American Independent Party to affiliate with the America’s Independent Party of Fenton, Mich.) I was
    the elected head of the California delegation to that
    convention and cased the votes of James & Rayna King
    under their proxys for Ambassador Dr. Alan Keyes.
    80 % of the votes casts went to Dr. Keyes from the
    California delegation.

    Have you ever viewed by-laws of the AIP State Central Committee that covered rules of notification of the
    Comvention of the AIP? I have been a member of the
    State Central Committee since 2004 and have not seen
    any such by-laws, because it is all spelled out in
    in the California Elections Code.

    Have you ever heard of a AIP State Party Committee?
    I have never heard of such a committee within the AIP.

    Sincerely, Mark Seidenberg, Vice Chairman, American
    Independent Party

  29. Mark Seidenberg

    Please make note the following statement was made by Jim
    King and it is false in this brief.

    “Traditionaly, the Constitution Party would hold the bienniel convention in August or so, several weeks after
    the summer primary, becaus the by-laws and statues governing the convention held that the winners of the
    party primary elections were to control the nominations of delegates to the convention.”

    The above show the disinformation from King.

    Sincerely, Mark Seidenberg, Vice Chairman,
    American Independent Party

    Note: 1) The Constitution Party does not have bienniel
    conventions.

    2)

    on”

  30. Mark Seidenberg

    News from the County of Colusa. Voter Registration in the American Independent Party is up from the figure of October 18, 2010 to December 10, 2010. It is a small increase in registration, but it is an increase. The
    registration went from 146 to 148.

    On October 18, 2010 the state registration for the 4 minor qualified 3rd parties was at the following:

    American Independent Party = 413,032 electors
    Green Party = 113,835 electors
    Libertarian Party = 91.111 electors
    Peace & Freedom Party = 57,776 electors

    These figure looks bad for both the Libertarian Party and Peace & Freedom Party to qualify for the 2014 Top Two Primary Elections, since minimum registration is
    103,040 electors attempting to register with a qualified
    political party. Under the open registration of Prop. 14 with SB 6, new affidavits of registration do not affilate, but just show a party preference. Therefore,
    there is no way the current parties can increase by
    affilation under the current open registration law.

    Sincerely, Mark Seidenberg, Vice Chairman, American Independent Party

  31. Mark Seidenberg

    Voter registration from the California County of El Dorado is also up from the figure of 3633 as of October 18,2010 to the figure of 3638 as of February 11, 2011.
    This is an increase of 5 votes in the American Independent Party.

    Sincerely, Mark Seidenberg, Vice Chairman, American Independent Party

  32. Mark Seidenberg

    More news from the County of Colusa, CA. The American
    Independent Party registration is up from its December 10, 2010 figure as post above in #30. The current figure
    as of yesterday was 149. This is an increase of 3 voters from October 18, 2010 in the County of Colusa, CA.

    Sincerely, Mark Seidenberg, Vice Chairman, American Independent Party

  33. Mark Seidenberg

    News from the County of Glenn, CA. The website of that
    county’s elections official states the AIP registration
    is now at 444 electors. This is an increase of one elector from the figure of 443 (posted on October 18, 2010).

    Sincerely,Mark Seidenberg, Vice Chairman, American Independent Party

  34. Mark Seidenberg

    News from the County of Kings, CA. The website of that
    county’s elections official states the AIP registration
    was on April 12, 2010 at 1,256 electors. This is an
    increase of eleven by time of the October 18, 2010 posting.

    Sincerely, Mark Seidenberg, Vice Chairman, American Independent Party

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