Only Minor Party Candidate for Congress in Massachusetts Rejected for Using Wrong Petition Forms

No minor party candidates filed to run for either branch of Congress in Massachusetts this year, except for the Green Party’s nominee in the 7th U.S. House district, Jason P. Lowenthal. However, even though he submitted 3,000 signatures to meet a requirement of 2,000 valid signatures, he has been told his petition is invalid.

The Secretary of State has rejected his petition because it is the petition meant for candidates seeking a place on a primary ballot. When the candidate picked up the petition blanks in the Secretary of State’s office in April, he questioned whether he had been given the correct forms. But he was assured that the forms were the correct ones. Lowenthal filed a pro se lawsuit in Suffolk Superior Court on August 11, which is pending. Lowenthal v Galvin, 14-2478-C. If Lowenthal does not get on the ballot, the incumbent Democrat, Congressman Michael Capuano, will be the only name on the November ballot.


Only Minor Party Candidate for Congress in Massachusetts Rejected for Using Wrong Petition Forms — 4 Comments

  1. As usual — WHATEVER a bureaucrat says or does MEANS ZERO.

    Keep suing the EVIL MORONS for $$$ DAMAGES — to bankrupt more and more of them.

  2. Unfortunately typical SoS or BoE offices have no legal obligation to give you the correct information. They are immune to any legal consequences for misinforming you whether accidental or deliberate.

    Often their objective is not to perform a public service to potential candidates but to serve their own political interests in protecting their party.

    I can’t speak for Massachusetts election law but in NY where the Green Party has a ballot line, they would use the Primary petition, not a General election petition. Basically you’d petition for the primary and if uncontested you’re on in the General.

  3. BTW New York still has petition colors listed in the Election Law although they long ago stopped enforcing it and removed it (inconsistently) from some parts of the law but not others. It was also only applicable to NYC oddly enough.

    ยง 6204.2 New York City designated petitions; colors
    The following colors shall be used for designating petitions by candidates filing in New York City:
    Democratic – Green
    Republican – Cherry
    Conservative- Granite
    Liberal -Sky Blue
    Right to Life – Goldenrod

    Liberala and Right to Life are long gone from the ballot
    I believe we Greens had salmon or peach
    Working Families and Independence also have colors.

    BTW it was also described in 6-132 of the election law but was stricken from that section. NY Election often has overt inconsistencies that have never been corrected through house keeping law changes.

  4. There are some court decisions that say when an election official gives a candidate inaccurate information, and the candidate relies on it, then the candidate is protected.

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