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Author Topic: Why is Restricted Ballot Access Not Deemed UnConstitutional?  (Read 5518 times)

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libertylover

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Why is Restricted Ballot Access Not Deemed UnConstitutional?
« on: December 13, 2005, 11:08:39 AM »

I can't claim to be a great student of the Constitution but I am left wondering why ballot access limitations are constitutional.  The Voters Right Acts of 1965 helped eliminate state imposed voter access restrictions but it didn't ensure candidate or party ballot access.  So how valuable is your vote if the state can legally keep a minority candidate off the ballot?  I bring this up because it has been addressed to the ACLU and they say they can't file a lawsuite for party affliation or party ballot access because it isn't a constitution civil liberty that is being violated.  This was the reason they gave as to why they wouldn't help the Green Party, Ralph Nader or the Libertarians in any law suit concerning ballot access.

Maybe someone who knows more on this issue can explain the legal angle.  I find it interesting that the new Iraq government is being encouraged by US handlers to allow political ballot access and preportional representation.  Something we don't seem to have a legal right to here in USA.
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fourthgeek

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #1 on: December 13, 2005, 11:37:45 PM »

We can't have EVERYONE voting!

Just think how utterly clogged the election system would be if everyone voted!

Actually, that's kind of sad.  :(
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TN_FSP

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #2 on: December 14, 2005, 12:30:38 AM »

I think you are complaining that the R and D in NC have decided that they don't want to the LP on the ballot in NC anymore.  Well, the R and D have made up their mind.  Good luck changing it.  While you work to get on the ballot (which would allow you to get 4% in elections, if you are lucky), I'll move to NH where pro-freedom activists are winning. :D
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libertylover

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #3 on: December 14, 2005, 12:34:13 AM »

If they can do that legally in NC.  What is to say that the Dems and Reps can't team up in NH and do the same thing before you get a real foothold?
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Reteo

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #4 on: December 14, 2005, 12:38:11 AM »

I'll move to NH where pro-freedom activists are winning. :D

Just out of curiosity, was Badnarik on the ballot in NH?
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TN_FSP

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #5 on: December 14, 2005, 12:38:59 AM »

If they can do that legally in NC.  What is to say that the Dems and Reps can't team up in NH and do the same thing before you get a real foothold?

We have several reps in the state House and they are GOP members, we also have the 2nd largest group of state House GOPers working with us, we also have the Manchester (largest city) GOP working with us, and the former Governor (a Republican).  We have elected GOP members to other offices and are even running a Democrat for US House.  We have people working in at least 4 parties in NH.  GOPS, DNC, LP, and Constitution.  BTW, I was just playing this you :)
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TN_FSP

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #6 on: December 14, 2005, 12:41:10 AM »

I'll move to NH where pro-freedom activists are winning. :D

Just out of curiosity, was Badnarik on the ballot in NH?

Badnarik, a FSP member that was at the Porcfest in NH this year, said that he will move to NH soon, and came up to me in NH, was not on the ballot in NH in 2004.  This was because a LPNH member screwed up and they have resigned from their position.
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Reteo

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #7 on: December 14, 2005, 03:03:19 AM »

*nods* I had heard something, but I had not been certain.
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TomPaine

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #8 on: December 14, 2005, 09:14:15 AM »

I'll move to NH where pro-freedom activists are winning. :D

Just out of curiosity, was Badnarik on the ballot in NH?

Badnarik, a FSP member that was at the Porcfest in NH this year, said that he will move to NH soon, and came up to me in NH, was not on the ballot in NH in 2004.  This was because a LPNH member screwed up and they have resigned from their position.

the more likely reason was because the LPNH was friendly with the sitting Republican Governor who was also Bush's state campaign chair...how do you say "quid pro quo" - we won't work to hard to get signatures if you put a few LPNH and Free Staters on a few comissions (efficiency commission, etc).
« Last Edit: December 14, 2005, 11:41:38 AM by TomPaine »
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fisher

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #9 on: December 14, 2005, 11:09:06 AM »

This was because a LPNH member screwed up and they have resigned from their position.
Really? Who?
Tell me more.
The LPNH blamed the democrats and the city/town clerks.

I don't think anyone resigned. John Barnes(Vice Chair, 1st District) and Michelle Dumas(Vice Chair, 2nd District) did not run for re-election.

This is going to be fun  :lol:
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fisher

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #10 on: December 14, 2005, 11:11:45 AM »

the more likely reason was because the LPNH was friendly with the sitting Republican Governor who was also Bush's state campaign chair...
He was only a co-chair  :P
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TomPaine

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #11 on: December 14, 2005, 11:44:47 AM »

Quote
Maybe someone who knows more on this issue can explain the legal angle.  I find it interesting that the new Iraq government is being encouraged by US handlers to allow political ballot access and preportional representation.  Something we don't seem to have a legal right to here in USA.

presidential elections are state issues thanks to federalism...

so rather than having 1 national ballot access standard for the federal office of president we have 50.
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fisher

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #12 on: December 14, 2005, 12:00:10 PM »

how do you say "quid pro quo" - we won't work to hard to get signatures if you put a few LPNH and Free Staters on a few comissions (efficiency commission, etc).

Big URL to article in CM
Quote
Panel advising Benson has libertarian leaning
Its mission: Find inefficiencies in state departments
By DANIEL BARRICK
Monitor staff
April 14. 2004 8:00AM

A panel authorized by the governor to find inefficiencies in the state health and transportation departments is composed almost entirely of members of the Free State Project and includes a longtime antagonist of the Division of Children, Youth and Families.

...

The committee's other members include Craig Peterson of Merrimack, who was appointed to DCYF's advisory board last month by Benson; Karen and Calvin Pratt, Free State Project transplants who moved from New Jersey several months ago; Dawn Lincoln, a Free Stater who has yet to move to New Hampshire; Rick Wickson of Derry; John Barnes of New London; Amanda Phillips of Bridgewater; and Michelle Dumas of Somersworth.
John Babiars....chiar of LPNH
John Barnes....vice chiair of LPNH
Michelle Dumas....vice chiar of LPNH
Amanda Phillips.....FSP president, not a NH resident

To be fair, I think Benson appointed John Babiarz as the head of the commission, and Babiarz chose everyone else.



And here is a picture from a funder raiser bbq John Babiars had to support Benson for re-election.


http://www.concordmonitor.com/apps/pbcs.dll/article?AID=/20040812/REPOSITORY/408120377/1001/NEWS01
Quote
Libertarian head hosts Benson
Governor was guest of honor at party

By DANIEL BARRICK
Monitor staff
August 12. 2004 8:32AM

Who says Gov. Craig Benson can't make nice with folks from other political parties?

Why, just last night, Benson was the guest of honor at a barbecue/fundraiser hosted by John Babiarz, chairman of the New Hampshire Libertarian Party and a one-time rival of Benson's for the governor's office. Though Benson is a Republican and up for re-election this November, he and Babiarz have become good friends in the past two years. Benson appointed Babiarz to a position in state government, and Babiarz has devoted himself to Benson's campaign. Last night's party, held at Babiarz's Grafton home, was Babiarz's latest effort to rally support for a politician he says should make Libertarians proud.

"Governor Benson is a good man,"Babiarz told the 50 or so people in attendance. "I'm going to be supporting him, and I hope you will, too."

It wasn't just Libertarians who showed their support last night. Babiarz's barbecue attracted Republicans, Independents and maybe even a few Democrats (though this reporter was unable to turn up any). Also making a strong showing last night: members of the Free State Project.

In case you've forgotten, the Free State Project is a libertarian group that hopes to move 20,000 small-government activists to New Hampshire in the next five years. Together, they'll work to reshape New Hampshire into a more liberty-loving place, with fewer gun and drug laws.

Amanda Phillips, the Free State Project president, was there. She greeted Benson with a handshake and a $500 check from the project's vice president, Evan Nappen of Eatontown, N.J.

"He's the governor's biggest fan in New Jersey," Phillips said.

Also at the barbecue was Tim Condon, head of member services for the Free State Project. He lives in Florida but plans to move to New Hampshire in a few years. He donated $50 to Benson's campaign and said he had come to congratulate the governor on his "record of fighting against overspending."

"That's really a stellar record,"Condon said.

He was a little less clear on the details. When told that New Hampshire, by most estimates, will likely face a $300 million dollar deficit in two years, Condon blanched. "Is that right?" he asked. "Where'd that come from?"

But such worries didn't trouble most folks gathered at the Babiarz homestead last night. Between hamburger bites, conversation buzzed over news that another Vermont town - was it Dorset? or maybe Putney? - had voted to secede and join New Hampshire, following the example of Killington. Earlier this year, the residents of that town had declared their intent, in true libertarian fashion, to pull out of Vermont's government and join New Hampshire.

The only detectable note of grumpiness came from Howard Wilson, a well-known Libertarian activist. Wilson said he was a bit embarrassed to find himself the only person dressed in a suit. "I was given a second-hand recommendation to dress nice because the governor was coming," Wilson said.

When the time came for Benson to address the crowd, he stuck to his standard stump speech, emphasizing those parts that might appeal to libertarians.

"Pretty soon, government will take over your entire paycheck,"Benson warned. Heads nodded knowingly. Benson also talked about how he had stood up to the federal government when he linked an online Canadian pharmacy to the state Web site.

Kevin Smith, a Benson campaign aide, said the governor welcomed support from all corners of the state, especially from groups that shared as much with him as the Libertarian Party.

"A lot of the their philosophy like less government intrusion that's Benson's thing," Smith said. "You can't say they're apathetic."

Scott Borthwick, a carpenter and farmer from Canaan, said he had come to the barbecue to show support for the man he considered the future of the Republican Party.

"I like to refer to myself as a Benson Republican," said Borthwick, who's running for state representative this year. "From the presidency on down, the Republican Party has taken a huge swing to the left. I think Benson's saving the party."
« Last Edit: December 14, 2005, 12:09:06 PM by fisher »
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TN_FSP

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #13 on: December 14, 2005, 12:30:38 PM »

John Barnes(Vice Chair, 1st District) and Michelle Dumas(Vice Chair, 2nd District) did not run for re-election.

Yes, that's what I said.  Often to people out of the loop, i.e. you, that is how it looks when someone resignes.  Fisher, try to focus here, this is politics.
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fisher

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Re: Why is Restricted Ballot Access Not Deemed UnConstitutional?
« Reply #14 on: December 14, 2005, 12:40:48 PM »

John Barnes(Vice Chair, 1st District) and Michelle Dumas(Vice Chair, 2nd District) did not run for re-election.

Yes, that's what I said.
No you didn't. You said someone resigned. Choosing not running for re-election and resigning are not the same thing.


Quote
Often to people out of the loop, i.e. you, that is how it looks when someone resignes.  Fisher, try to focus here, this is politics.
Out of the loop? Do you live in NH?

Who cares how it looks?
We are not talking about how it looks, we are talking about what happend.
TN-FSP, even if this is politics, try to stop telling lies.

Since you are in the loop and all, tell me who from the LPNH screwed up, and how.
Thanks in advance.
« Last Edit: December 14, 2005, 12:43:29 PM by fisher »
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