On February 5, U.S. District Court Judge Gregory F. Van Tatenhove issued a 22-page opinion in Libertarian National Committee v Holiday, e.d., 14-63. The issue is whether Kentucky Educational TV excluded the Libertarian Party nominee for U.S. Senate from Kentucky, David Patterson, because of prejudice against him and his views. The ruling grants permission for the Libertarian Party to take depositions from the Kentucky Educational TV officers who made the decision to exclude Patterson. The Defendants had tried to get the case dismissed without any further evidence-gathering. Patterson was one of only three candidates on the ballot in 2014 for U.S. Senate; the others were Mitch McConnell and Alison Lundergan Grimes.
The decision mentions one piece of evidence that suggests the TV station made up its mind to exclude Patterson without even waiting to see if he met the objective criteria set forth for candidates. One of the defendants sent an e-mail to employees of the station, stating, “please confirm…we did not and will not invite David Patterson…to the October 13 program, because he did not meet our pre-established criteria.” The words “and will not” are italicized.
During 2014, the TV station set criteria on who could be invited, and then changed them, vastly increasing their difficulty. Presumably the reasons for changing the criteria will be revealed in the next stage of the lawsuit. The decision does say that the final standard, that the candidate must have raised at least $100,000, is not unconstitutional.
POSTED ON W. KEITH PERRY’S FACEBOOK PAGE
Mr. Perry,
I am deeply troubled by the resolve of our governor and the Florida Elections Committee to exclude Evan McMullin as a candidate for President of the United States from our state ballot. Those who have studied the Florida election laws and how they have been applied have consistently noted that the exclusion of McMullin appears to be arbitrary and inconsistent with other balloting decisions if not indeed capricious and indicative of political gamesmanship. This is exacerbated by the knowledge of our governor’s strong support of and ties to Donald Trump.
At a time when the freedom and liberty of our citizens is being chiseled away by the imposition of the political will our elected politicians, it seems many need to be reminded that their job is NOT to set arbitrary limitations upon our liberty and freedom, but rather to do everything within their power to enhance our free exercise thereof.
As American citizens, our politicians are entitled to support, endorse and vote for any political candidate that they freely choose. Similarly, the citizens of Florida should have the same right, unencumbered by political intrigues. It is unjust, if not illegal, for our elected officials to knowingly and purposefully disenfranchise citizens of this state to further their own political agenda. Yet, it is apparent that this is precisely what is occurring in the decision regarding Evan McMullin’s exclusion from the Florida ballot.
The recent arbitrary and inconsistent application of Florida law to disqualify Evan McMullin from the Florida ballot for President of the United States is egregious. It demonstrates the determination of some to impose their political will upon the people of this state which is antithetical to the very principles upon which this country was founded. It is indicative of Florida’s leanings toward the very tyranny the people now fear.
For the sake of freedom and in recognition our political servants sacred trust to the people of this state, all have an obligation to cease and desist the strong arming of this election and set the people of Florida free to exercise the same freedoms you claim for yourself and you were all elected to protect and secure. And may I respectfully add, WE THE PEOPLE are not here to serve you and your colleagues and promote your agendas, you are here to serve us and promote our agendas. WE THE PEOPLE have asked that Evan McMullin appear on our ballot and you have a fiduciary responsibility to honor that request and not thwart the will of the people through a prejudicial application of the law.
Immediate measures need to be taken to assure the citizens of this state that their will is recognized and honored and that Evan McMullin will appear on our ballot in November as a legitimate and authorized candidate for President of the United States.
Sincerely,
Claudia C. Kalis