The Massachusetts Libertarian Party will ask for a rehearing before all the judges of the First Circuit, in Barr v Galvin. This is the case over whether Bob Barr should have been on the ballot in Massachusetts in November 2008 as the Libertarian Party presidential nominee. The only way that unqualified parties ever place nominees on the ballot in Massachusetts is with petitions that name the party’s candidates. In 2008 the Massachusetts Libertarian Party wanted to complete its petition early, so it listed George Phillies on the ballot as its presidential candidate. In 2007 the Secretary of State had told the party that it could list a stand-in, and replace him with the actual presidential nominee after the party’s national convention was over. When the party followed this advice, it was shocked to be told in 2008 that it could not replace Phillies with Barr.
The party had then sued, and the U.S. District Court had ruled that Massachusetts’ behavior violated the Equal Protection part of the 14th amendment, because Massachusetts and all states let qualified parties revise their national tickets. The U.S. District Court ordered Massachusetts to list Barr on the ballot instead of Phillies. But on November 16, 2010, the First Circuit had reversed the U.S. District Court decision. Obviously the First Circuit’s decision doesn’t impact what has already happened, but it makes a bad situation for future presidential campaigns. The decision also impacts Maine and New Hampshire, two other states in the First Circuit that don’t permit presidential stand-ins.
The Libertarian Party request for a rehearing is due December 14.
Whatever ANY bureaucrat says to anybody is basically worthless.
The LAW is the LAW — election LAW or any other type of LAW.
Elections operate on DEADLINES — and NOT some sort of open ended sports game with no time limits.
The Massachusetts election law says any party, qualified or unqualified, can substitute for state office. But that is vague. One can certainly argue that candidates for presidential elector are state officers (the state pays their per-diem).
More important, four times before, Massachusetts allowed substitution for president or vice-president, and the law hasn’t changed since then. The 4 times were 1980, 1996, 2000, and 2004.
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In the nearly dead U.S.A. Const —
Art. II, Sec. 1 part –
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.
—
STATE appointments — who do the robotic stuff in the 12th Amdt.
Abolish the gerrymander time bomb E.C. — see the 620,000 DEAD Americans on both sides in 1861-1865 — directly due to the E.C. structure and the gerrymander U.S.A. Senate structure.
Nonpartisan App.V. for all executive/judicial offices.