On September 5, the Delaware Chancery Court in Sussex County ruled that the Independent Party of Delaware’s nominating convention this year was conducted properly. An activist of that party who was not happy about the party’s choice of a gubernatorial nominee had sued the party, arguing that its nominating procedures this year were unlawful. Allen v Independent Party of Delaware, 3951-cc.
The court ruled that a qualified minor party in Delaware is free to have bylaws that let the party’s board choose the party nominees. If the case had gone the other way, Ralph Nader’s ballot position in Delaware would have been jeopardized, since the same procedure used by the Independent Party of Delaware to nominate its candidate for Governor had been used to nominate Nader for president. Thanks to David Finger for this news.
WE were confident from the beginning that the plaintiff’s case did not hold water as the State Executive Committee communicated its concerns to the Delaware Elections Commission in detail prior to the nomination of Mr. Protack, in an effort to preclude any possible violation of Delaware Election Law. In essence, the Plaintiff’s case
contained numerous factual errors, unsupported allegations and irrelevant case citations Ultimately, it failed to prove applicability of the governing body of law [i.e.: 15 Del.C — Elections] to party nominating conventions.
Ultimately, this controversy points toward the need to include Delaware’s minority parties in the primary process under the state and federal “equal
protection ” constitutional clauses as Delaware primaries are publicly funded. This would more effectively ensure a more open and accessable candidate selection process.
Ironicly, the plaintif previously declined the opportunity to chair the IPOD Convention Committee.
Holding a large convention is easier said than done.
Wolfgang von Baumgart,
State Chairman,
Independent Party of Delaware
ipodosc@yahoo.com
(302) 945-2646