Pennsylvania Political Insiders Intimidate Third Party and Independent Candidates to Drop Out of Races on Threat of Extensive Challenge Fees
HARRISBURG, Pa. – Every third party or independent candidate who filed for statewide office this year has been removed from the ballot in a blatant display of intimidation. Organizers from several political parties and voter rights organizations held a press conference, August 23, to explain what happened and why.
Attending were: state Sen. Mike Folmer; Bonita Hoke of the League of Women Voters; David Jahn of the Pennsylvania Ballot Access Coalition; Gil Freedman of Common Cause Pennsylvania; VotePA Executive Director Mark Kuznik; Democracy Rising PA President Tim Potts; Libertarian Party of Pa. Chair Mik Robertson; Constitution Party National Chair Jim Clymer; Green Party of Pa. representative Bob Small; as well as Libertarian Party nominees for governor, Marakay Rogers, and lieutenant governor, Kat Vallelay, both of whom were removed from the ballot.
The press conference is available online on the Pennslyvania Cable News website. Look for Campaign 2010 in the menu and scroll down to “Ballot Access”.
Ralph Nader was removed from the 2004 Pa. ballot after a legal challenge to his petitions. That year, a step was taken which was unprecedented in any state. Nader was ordered to pay the cost of the challenge which removed him from the ballot, adding up to tens of thousands of dollars. Since then, this tactic has routinely been used to remove third party and independent candidates from the ballot.
According to Rogers, on the second day of her attempt to validate her signatures against the state voter registration database, Republican Party lawyers approached her with a grim message. If she did not stop trying to prove her signatures valid by later that day, they would seek to impose thousands of dollars in fines, should she ultimately lose the challenge. By this means, she and every other third party or independent candidate for statewide office was successfully intimidated into forfeiting their legal right to due process.
“The imposition of exorbitant fees for candidates who are unsuccessful in the defense against a challenge adds yet another layer of deterrence to participation in the electoral process,” Robertson said.
Current Pennsylvania law “falls short of the free and equal elections provisions of our state constitution,” Jahn said. “These people will stop at nothing to remove good, decent people from the primary or general elections.”
This year, the Democratic and Republican Parties were required by law to collect only 2,500 signatures while third party candidates for the same office needed 20,000 signatures, Vallelay said. Even the 20,000 figure is unusually low — in 2006 the requirement for the same offices was 67,000.
Current Pennsylvania law uses a “complex mathematical formula” that produces widely varying and unfair requirements for alternative candidates, Sen. Folmer said.
Folmer is the primary sponsor of state Senate Bill 252, the Voters Choice Act, which would have Pennsylvania use the same standard as Delaware, a simple formula based on the number of registered voters in the state. According to Folmer, the issue of ballot access “isn’t rocket science” and reform is needed to “protect the constitutional rights of citizens.”
The League of Women Voters believes the requirements for all candidates should be equal, and it was unfair to deny access to the ballot to candidates “who lack the resources to defend their candidacy,” Hoke said. The League is concerned about reduced voter participation, which Hoke said can be traced to “a lack of meaningful choices on the ballot.”
On top of such disparities, signatures can be invalidated for trivial reasons such as a voter writing “Jeff” instead of “Jefferey” or failing to put the year when dating their signature. “It’s a truly sad state of affairs when so many of our soldiers have died in recent actions that have brought ballot choices to the people of Iraq and Afghanistan while so much effort is put into limiting the choices that voters have in Pennsylvania,” Robertson said when describing the overall situation.
“These acts of intimidation are unacceptable at best,” said Christina Tobin, founder and chair of The Free and Equal Elections Foundation. “Pennsylvania’s ballot access laws are in serious need of reform and Free and Equal will continue to fight for the rights of voters in Pennsylvania and nationwide to have the choices they want to see on their ballots.”
Republican Drops Lawsuits to Remove Independent Michael Hansen and Libertarian Ed Martin from Ballot.
LOUISVILLE, K.Y. – Libertarian Party candidate Ed Martin and Independent candidate Michael Hansen filed to run for office in Kentucky’s third congressional district, against incumbent Democratic nominee John Yarmuth and Republican nominee Todd Lally, respectively. Cordell Lawrence, as vice chairman of the Jefferson County Republican Party, and David Caldwell filed a lawsuit, August 20, 2010 to remove Martin and Hansen from the ballot.
Caldwell removed himself as a plaintiff, August 25, one day before CBS affiliate WLKY in Louisville reported news of Caldwell’s recent arrest. Lawrence dropped the lawsuits against Martin and Hansen, August 27, insuring that both candidates will be on the November ballot. The defendant’s court hearings were scheduled for Monday, August 30, but have been canceled in light of these events.
Immediately after being notified about the lawsuits, a public campaign from several fronts pushed this issue into the media. Libertarian candidate Martin issued a statement as did the Libertarian Party of Kentucky. Martin’s campaign then asked Lally’s campaign to publicly call for his Republican associates to drop the lawsuit. The Free and Equal Elections Foundation added to the efforts with a media release and brought this to the attention of ballot access activists nationwide.
Journalist Sheldon S. Shafer for the courier-journal in Louisville reported on the lawsuit along with WHAS-ABC Channel 11. Louisville’s NPR news station, WFLP 89.3, ran a story and Louisville News and Politics, the Kentucky Freedom Digest, and Page One Kentucky continued their coverage.
The Libertarian Party of Kentucky has used these events as a call to action to get involved and help protect democracy in their state. This statement is from their website: “One supporter who had remained Republican to date tonight committed on Facebook to switch his registration to Libertarian to show his disgust. He’ll be following this action by sending a photocopied version of his voter card (with SSN redacted) to his local GOP chair, the Jefferson County (Louisville) GOP chair, and the GOP state chairman, along with a letter explaining his disgust with these dirty political antics as the reason for his switch.”
“This is the type of quick action and media attention that should be given to an issue as important as democratic elections,” said Christina Tobin, Chair and founder of Free and Equal Elections Foundation. “Republicans are running scared in this election cycle as evidenced by their attacks on equal access to the ballots by alternative candidates here in Kentucky, and in Illinois, Pennsylvania, Ohio, and New York. Democrats use the same tactics as well. Free and Equal’s radio show is one avenue we are using to stop this bad political behavior, and we are glad to have Independent candidate Michael Hansen join us this week.”
In addition to Hansen, Ken Moellman, Libertarian Party of Kentucky Chair, will be a guest on the next Free and Equal radio show on Tuesday, August 31 from 10-11pm ET to talk about the lawsuit situation and Kentucky elections. Christi Gillespie, State Coordinator of Free & Equal Kentucky will join the show as well to talk about upcoming events. Ed Martin has also been invited to join us on the show, should his busy campaign schedules permit it. The Free and Equal radio show can be listened to live at BlogTalkRadio or at the Free and Equal website where it is also available for later enjoyment.
“The voters deserve to have as many choices as we can get on Election Day,” said Christi Gillespie. “It’s funny how the Republicans are all in favor of free market solutions until you start talking about the ballot box. I encourage voters to analyze all candidates including write-ins, regardless of their party affiliation, and vote for the one that truly reflects your values and beliefs. It is time we began voting for the best candidate, and not just voting for the lesser of two evils.”
Gillespie is helping to organize the Free and Equal Candidate Forum Saturday, September 25th from 2 – 6 p.m. at the Kentucky State Capitol steps. All candidates are invited to share their message with voters at this event. More details will be released about this all-inclusive event as it develops.
“I’m glad Martin and Hansen are now assured of their rightful place on the ballot,” Tobin said. “These tactics are not only designed to remove legitimate competition from the ballots, they are also designed to drain the resources of their competition, create uncertainty and confusion in the voting public as to who will be on the ballot, and distract both their competitors’ campaigns and the media from the important issues confronting the electorate. When people like Lawrence use these tactics it should be exposed and remembered.”
“Free and Equal is here to make sure more voters are educated about their election system and who is trying to game it for their own advantage,” Tobin said. “Another typical practice that only serves to hurt the voters is when they keep candidates off the stage of debates, forums and public speaking engagements. Recent rallies in Kentucky have been manipulated to exclude candidates in an attempt to keep their messages from being heard by voters. With our first Free and Equal Candidate Forum in Kentucky coming up in September we intend to start restoring the principles of fair elections that every voter deserves.”
Kentucky Republicans Afraid of Democracy
Louisville, KY - Kentucky Republicans are attempting to remove two candidates from the November ballot for the 3rd Congressional District with a lawsuit filed on August 20, 2010. Ed Martin, candidate for the Libertarian Party, and Michael D. Hansen, independent candidate, were notified of the lawsuit this week. Hansen filed his required paperwork and petition signatures in March to run against incumbent Democrat John Yarmuth and Republican Todd Lally, and Martin filed in June.
The lawsuit was filed by Cordell Lawrence as Vice Chairman of the Jefferson County Republican Party and David Caldwell. Caldwell has since removed himself as a plaintiff. A hearing for Ed Martin will take place at the Jefferson Circuit Court Division 5, located at 700 W. Jefferson St. in Louisville, Ky., on August 30th at 10:45am, with Michael Hansen’s hearing at 1:00pm.
In a response to the lawsuit, Libertarian candidate Ed Martin pointed out the vague nature of the Republican’s court filing. “At this point, no cause of action or claim is stated in the complaint,” Martin said. “I’m at a loss right now as to what their claim is.”
Ken Moellman, Chairman of the Libertarian Party of Kentucky also responded to the attack on his party’s candidate. “Apparently, Republicans are so insecure about their lack of a substantive platform that they are trying to steal half of the options the voters have.”
Journalist Sheldon S. Shafer for the courier-journal in Louisville reported on the lawsuit along with WHAS-ABC Channel 11.
“Michael Hansen turned in his nominating papers in March and the Jefferson County Republicans are just now getting around to filing the lawsuit,” said Christina Tobin, Chair and founder of Free and Equal Elections Foundation. “That is either complete incompetence or cruel calculation, neither of which should be tolerated in a respectable democracy. Cordell Lawrence should resign his position with the Jefferson County Republican Party immediately for this abuse against free and equal elections that is wasting court time and taxpayer dollars.”
“This is exactly what Barack Obama and his ‘Chicago Way’ Democrats do to remove political competition from the ballot, and now Louisville Republicans are acting just like them,” Tobin said. “If Republican Todd Lally is in any way connected to these attempts to take choices away from Kentucky voters, he is unfit to hold an office with power and should drop out of the race right now. This type of anti-democratic behavior is not acceptable in Kentucky or anywhere in the US.”
Free and Equal Elections Foundation has started organizing at the grassroots in Kentucky to promote fair elections that will give all Kentucky voters the ballot choices they deserve. Free and Equal will sponsor a Freedom Rally and Candidate Forum Saturday, September 25th from 2-6 p.m. at the Kentucky State Capitol steps.
Ken Moellman will be a guest on the next Free and Equal radio show on Tuesday, August 31 from 10-11pm ET to talk about this situation. Candidates Ed Martin and Michael Hansen have also been invited as guests if their busy campaign schedules permit it. The Free and Equal radio show can be listened to live at BlogTalkRadio or at the Free and Equal website where it is also available for later enjoyment.
Free and Equal Radio Show – 8/31/2010
Free & Equal Radio Tuesday Night 10pm to 11pm Eastern Time. (7-8pm PT)
Kentucky Republicans are attempting to remove two candidates from the November ballot for the 3rd Congressional District with a lawsuit filed on August 20, 2010. Ed Martin, candidate for the Libertarian Party, and Michael D. Hansen, independent candidate, were notified of the lawsuit this week.
Michael Hansen will a guest along with Ken Moellman, Chairman of the Libertarian Party of Kentucky to talk about this situation and Kentucky politics. Christi Gillespie, State Coordinator of Free & Equal Kentucky will join the show also to discuss the upcoming Candidate Forum sponsored by Free and Equal. Ed Martin has also been invited as guests if his busy campaign schedule permits it.
Democracy is under attack. Revolution at the ballot box must be a possibility. Tune in and do your part. Call in at 347-633-9636 to get your two bits in.
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Back-to-Back U.S. Senatorial Candidate and Gubernatorial Candidate Debates to Take Place at Northern Illinois University.
DeKalb, Ill. – The first U.S. senatorial candidate debate organized by Free and Equal Elections Foundation, to be hosted by Northern Illinois University at DeKalb, has been rescheduled for October and expanded into a back-to-back debate event including Free and Equal’s fourth gubernatorial candidate debate. Kappa Alpha Psi fraternity will sponsor the debates. Free and Equal previously has organized three gubernatorial debates in Illinois, the most recent of which was sponsored in part by Kappa Alpha Psi at Chicago State University.
All qualified candidates will be invited to participate in the debate. This includes candidates on the ballot and any write-in candidates that turned in signatures equivalent to the established party requirement but were removed from the ballot. Free and Equal supports a $500 flat filing fee in lieu of signatures as a ballot access requirement. Two-thirds of our US states use a filing fee system without experiencing problems in their elections.
“Free and Equal is committed to giving all qualified candidates an equal voice in the debate,” said Christina Tobin, CEO and founder of Free and Equal, who will moderate the debate. “Illinois voters deserve a diversity of choices on the ballot.”
Free and Equal’s third Illinois gubernatorial debate, that took place in July, was covered by dozens of media outlets, including public radio stations WBEZ in Chicago, WSIU in Carbondale, and WILL in Champaign, along with the Chicago Sun-Times, Southtown Star, Huffington Post, Dekalb Daily-Chronicle, Chicagoist and the Chicago Tribune Media Group’s ChicagoNow. A live feed of the U.S. Senatorial debate will be available at freeandequal.org.
“The response to the last debate, from people in attendance and from those watching at home on their computers, has been tremendous,” Tobin said. “There is a hunger out there for more discussion and debate about the substantive issues that we all face. Free and Equal is looking to provide Illinois voters with more opportunities to learn about their political choices.”
Free and Equal will continue to organize all-inclusive candidate debates in Illinois and other states throughout this election season. September will kick-off a string of University hosted, student group sponsored and Free and Equal organized candidate debates across California. Additional information regarding California debates will be released as it becomes available.
Free & Equal is a non-partisan election reform and activist organization dedicated to improving ballot access laws in the United States.
