On March 22, the Nevada U.S. Senate candidate for the Independent American Party (affiliate of the Constitution Party) filed a lawsuit in state court, to keep Scott Ashjian off the November ballot. The lawsuit says that the law requires Ashjian to have been registered in the Tea Party no later than March 1, but that he didn’t fill out a new affidavit of registration until March 2. See this story. Thanks to Independent Political Report for the news. The Independent American Party U.S. Senate candidate is Tim Fasano.
Back in 1994, a somewhat similar Nevada law was used by the Secretary of State to keep certain Independent American Party nominees off the general election ballot. Secretary of State Cheryl Lau disqualified seven IAP candidates, but the State Supreme Court put them back on the ballot, and ruled that Nevada had no law telling minor party nominees that they must have been registered into their party by any particular date. That case was Independent American Party v Lau, 880 P.2d 1391.
Even earlier, in 1975, the Independent American Party also won on this issue in the Nevada Supreme Court. That case was Long v Swackhamer, 538 P.2d 587. The Court ruled that it would be unconstitutional to require a new party’s members to have been registered into the party at some point in the past. Also, in 1986, the U.S. Supreme Court said in Tashjian v Republican Party of Connecticut that it would violate the First Amendment for any state to tell a party that it can’t nominate a non-member.
Yet he made a false statement on his Declaration of Candidacy, and by NRS 293.184, he can be removed from the ballot.
Ironically, the Secretary of State of Nevada, and other Nevada state officials, have been prosecuting some IAP candidates for state office (from past elections) for not filing out campaign finance forms. This is still a big problem for the IAP. And the current Nevada Secretary of State tried to persuade the legislature last year to move the filing deadline for minor party candidates to January of the election year. Nevada state government is not friendly to the IAP.
And even though we can’t challenge it, the signatures he turned in are also fraudulent as well.
We got proof of that.
Ironically, the Secretary of State of Nevada, and other Nevada state officials, have been prosecuting some IAP candidates for state office (from past elections) for not filing out campaign finance forms.
= It was a publicity stunt that Chris Hansen encouraged us to do, and we paid through the nose for it….
Ever wonder why he’s not our Chairman anymore?
This is still a big problem for the IAP. And the current Nevada Secretary of State tried to persuade the legislature last year to move the filing deadline for minor party candidates to January of the election year. Nevada state government is not friendly to the IAP.
= Yeah, but since we have a strong influence in our state government, like Janine’s lobbyist work during the Legislative sessions. They can’t just sweep us under the rug, or be mean to us anymore.
BTW, Fasano has also gotten repeated calls by GOP supporters to also drop out as well, and he sure is not doing that any time soon.