Recently, two election law bills have been introduced in the West Virginia legislature that are clearly unconstitutional.
Senators Robert Williams (D-Bridgeport) and Robert Plymale (D-Ceredo) have introduced SB 271, to require declared write-in candidates to pay a filing fee. West Virginia previously had a filing fee requirement for write-in candidates, but it was declared unconstitutional in 2000 in Phillips v Hechler, 120 F.Supp.2d 587. The “Phillips” was Howard Phillips, Constitution Party presidential candidate, who had been told his write-ins would not be counted unless he paid the $2,500 filing fee. Phillips then sued and won.
Delegates Ron Fragale, Tim Miley, and Richard Iaquinta have introduced HB 2052, which says that no one who has ever been convicted of a felony in the courts of West Virginia “or any other court” (which would even include foreign courts) may be elected to any public office. This bill, if enacted, would be unconstitutional as applied to federal office. The U.S. Constitution does not permit the states to add to the qualifications that are listed in the U.S. Constitution.
Hmmm, I wonder if this has anything to do with the fact that the Secretary of State has been inundated with hundreds of election complaints regarding the systemic statewide failure of counties to properly post the lists of official write-in candidates at the polling places last year?
The Constitution Party of WV has recieved copies of some of these containing complaints such as:
a) “When I asked to see such a list, the pollworker told me that I should have already had my mind made up”,
b) “The pollworker told my husband that he would have to go to the courthouse to cast a write-in”,
c) “The list was posted behind an open door so as to not be visible to voters in line”,
d) “The pollworker would not let me leave the voting machine to go look at the list”,
etc.
I believe people are becoming disgruntled with the two party system so now the politicians are looking for ways to block out third parties and independents.
No wonder i didnt know about anybody from the constitution party running other thant Chuck Baldwin
Incredible. This is a sickening suppression of liberty.
I’m not surprised though. The Democrats and Republicans are just like to organized crime families. Sure the Genovesies and Gambinos might fight a bit amongst themselves, but if anyone else gets in the way of their card game, they both reach for their pistols and gun down the competition.
Agreed. 3rd parties are a threat to the filth we call our representatives. I’m surprised they care so much because the electronic voting machines we are forced to vote upon have proven to be manipulatable.
Vote absentee on paper and vote third party.