This is all a lot of fun. But does anyone seriously believe Bush will not be
on the Illinois ballot - not should he but will he? Put him on and let him
lose fair and square; let him go out the way he came in. Or should we force
this to the Supremes?
Larry
----- Original Message -----
From: "Sholk, Steven H." <SSholk@gibbonslaw.com>
To: <ban@richardwinger.com>; <election-law@majordomo.lls.edu>
Sent: Friday, June 04, 2004 11:51 AM
Subject: RE: voters are innocent victims and should not be punished
Richard Winger's argument was used by the New Jersey Supreme
Court in New Jersey Democratic Party v. Samson, 175 N.J. 178,
814 A.2d 1028(2002) the case in which Senator Torricelli withdrew
his candidacy on Sept 30, 2002, which was outside the statutory
window for the Democratic party to replace a candidate.
The New Jersey Supreme Court held:
"We do not believe that our Legislature intended to limit voters'
choice in a case where there is sufficient time to place a new
candidate on the ballot and conduct the election in an orderly
manner. There is no question but that the 'full and free
expression of the popular will' (citation omitted) is furthered
by allowing the substitution of a new candidate for the United
States Senate chosen by the State Committee."
In the Torricelli case, there was an unexpected turn of events.
Does this reasoning apply in the absence of a sudden change of
facts, and the candidate had sufficient time to place his or her
name on the ballot?
Steven H. Sholk, Esq.
Gibbons, Del Deo, Dolan, Griffinger & Vecchione, P.C.
One Riverfront Plaza
Newark, New Jersey 07102-5496
(973) 596-4639 (Phone)
(973) 639-6338 (Fax)
ssholk@gibbonslaw.com (e-mail)
-----Original Message-----
From: owner-election-law_gl@majordomo.lls.edu
[mailto:owner-election-law_gl@majordomo.lls.edu] On Behalf Of
ban@richardwinger.com
Sent: Friday, June 04, 2004 1:30 PM
To: election-law@majordomo.lls.edu
Subject: voters are innocent victims and should not be punished
I thank Jerry Goldfeder for having stimulated this
interesting exchange about ballot access. I am
surprised that anyone on this list favors keeping Bush
off the Illinois ballot. The posters don't
acknowledge that the voters are being harmed by such
shenanigans. When a candidate with substantial voter
support is kept off the ballot, the voters who desire
to vote for that candidate are disenfranchised. Where
is the concern on this list for the voters? Have we
forgotten what the function of ballots is? Ballots
are for the purpose of letting voters express their will.
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