On September 18, the Massachusetts Libertarian Party won its 2008 case on presidential substitution. The decision was not surprising, because the same court had granted injunctive relief last year. The issue is whether an unqualified party can use a stand-in presidential candidate on its petition, if it is circulating its petition before it knows who its actual presidential candidate will be. The decision is 13 pages long and says, “”Such a right to substitute is guaranteed by the Equal Protection Clause of the Constitution to ensure that the names of the actual candidates appear on the ballot.” The case is Barr v Galvan, civ. 08-11340-NMG. It is not known if the state will appeal to the First Circuit.
The Equal Protection Clause is relevant because Massachusetts, and all states, lets qualified parties substitute a new nominee for President or Vice-President if the original nominee withdraws before the ballots are printed. For example, in July 1972, the Democratic National Convention chose Thomas Eagleton for vice-president, and his name was certified to the elections officials of all states. In August 1972, Eagleton resigned from the ticket, and the Democratic Party replaced him with R. Sargent Shriver. All states printed Shriver’s name on the ballot (except for Arizona and North Dakota, the two states that never print any vice-presidential nominees on general election ballots).
A big victory for Sean Haugh, Redpath and the National LP.
A big loss for George Phillies and other leftwing Libertarians who wanted to deny Bob Barr and Wayne Root Campaign the right to use a substitute.
Strike another blow against the Lefty Libertarians!
Actually, George Phillies helped win this lawsuit. For one thing, he is on the board of the Massachusetts ACLU, and he helped persuade them to take the case.
Bwahhaaahhaaa, yeah right. Phillies “helped with the lawsuit.”
Maybe to save face, cause he knew he was going to lose.
Bottom line: He just got skunked bigtime.
If I was Sean Haugh I’d be having a big Party to celebrate, and inviting everyone involved with the Barr Campaign; Mike Ferguson, Stephen Gordon, Shane Cory, et.al.
Lefty Libertarians just hate it when they lose. And they hate it more, when we Righties put it in their faces, as WE ARE DOING RIGHT NOW!!!!!
Phillies you Loser!
Thanks Eric! Your warm wishes are always appreciated my friend and yes I did cheer out loud when I read this headline. But Richard is correct, you are confusing Massachusetts with New Hampshire here, and I remain grateful to Dr. Phillies, Bill Redpath, the Mass ACLU and everyone else who helped with this important case.
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Sean, see, that’s your problem. You’re too damned nice to everyone.
If I’ve got once criticism of you, is that don’t seem to understand who the enemy is; the people who are kicking you in your teeth.
Nice guys don’t do well in American politics. Get with it Sean. We’re at War with the Left here. And Phillies allies himself with those assholes.