Socialist Presidential Candidate Files Lawsuit Against State of Ohio Today to Be On Presidential Ballot in NovemberInterestingly, Ralph Nader appeared on The Daily Show with John Stewart on March 4, 2008 announcing current bid for office based, seemingly, solely on the ballot access issue! He basically made a six minute stump speech about absurd ballot access laws and criticism of how the two parties keep third parties out. You can see the interview here.
Attempts to Declare State Law Unconstitutional For Prohibiting Out-of-state and Unregistered Voters From Petitioning for Candidate to Be in November Election
Submits Motion for Preliminary Injunction to Force State to Refrain from Blocking Any Petitioners for Brian Moore, or for any other candidate for President
Spring Hill, Florida/Columbus, Ohio: Friday, March 7, 2008, - Attorney Mark Brown, a Professor of Law at Capital University in Columbus, Ohio, and a practicing private attorney, filed a lawsuit today in the United States District Court for the Southern District of Ohio's Eastern Division on behalf of Socialist Party USA Presidential Nominee Brian Moore, who seeks to run for President as an Independent candidate in Ohio in 2008.
Moore has to collect at least 5,000 signatures from registered voters in the State of Ohio in order to qualify. The state requires that circulators of these pre-printed "part-petitions" must be both Ohio residents and properly registered to vote in Ohio. However, Moore seeks to use non-resident volunteers and resident volunteers who are not registered to vote in Ohio to circulate his part-petitions. He also seeks to use out-of-state volunteers as well as hire paid professionals who are not residents of Ohio and who are not registered to vote in Ohio to circulate his part-petitions.
Ohio Secretary of State, Jennifer Brunner, who is the defendant in this lawsuit, is obligated to enforce the existing state statutes. Attorney Brown, representing the presidential candidate, says that the state of Ohio prohibits such petitioning practices in violation of the First Amendment to the United States Constitution and will ask the courts to declare the state law unconstitutional. Additional plaintiffs in the lawsuit with Moore are Sherry Suter and Deron Mikal. Ms. Suter resides in Ohio but is not registered to vote. Mr. Mikal, resides in Florida and consequently is not (and cannot be) registered to vote in Ohio. Both Ms. Suter and Mr. Mikal seek to circulate part-petitions on Moore's behalf in order to have Moore's name placed on Ohio's presidential ballot.
Moore says that Ohio's restriction against using out-of-state petitioners is "particularly harmful to a party as small as the Socialist Party-USA," which, by necessity, would have to rely heavily on out-of-state petitioners from the neighboring states of Michigan and Pennsylvania if it ever hoped to succeed in a ballot access drive in the Buckeye State. Unlike Ohio, Michigan is one of the party's most active state organizations with quite a few younger members who might be willing to petition in neighboring Ohio, especially since the prospect of gaining ballot access in their own state of Michigan, requiring a minimum of 38,024 signatures, is all but impossible.
Attorney Brown attempted to file a similar lawsuit in 2004, on behalf of then presidential candidate Ralph Nader, the consumer advocate, but the 6th Circuit Court's dismissed Mr. Nader's lawsuit in November 2005 on the grounds that it was a moot case.
Moore has qualified on the state of Vermont ballot under the Liberty Union party, and just this week ran in the party's primary unopposed, thus being assured of presidential ballot access in November. The Socialist's campaign, as well as his party, are attempting to gain ballot access in 20 to 25 other states this election year. The Socialist Party only qualified on 10 states in 2004.
Moore said that not only does the state make efforts to enforce these horrendous undemocratic practices, but the Democratic Party has also filed complaints under this existing law to block minor parties and candidates from competing against their candidate. Moore says here is another example of how the two major parties are "hypocritical when it comes to practicing democracy."
Ohio imposes the most burdensome restrictions of both automatic qualification and petition qualification; as a result, it has seen the fewest number of minor parties.
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While I am not particularly interested in Ralph Nader as a presidential candidate, I was particularly struck by his encapsulation of the argument: "speech, assembly, petition... all First Amendment rights". It is obvious that these ridiculous restrictions need redress to ensure true freedom and democracy. And it is further obvious that the right leaning judiciary will likely NOT come down on the side of true freedom and democracy.
Revolution anyone?
