Kansas Democrat Asks State Supreme Court to Remove His Name from Ballot

On September 9, Chad Taylor asked the Kansas Supreme Court to remove him from the November ballot. The case is based partly on statutory construction, and partly on the Constitution. Taylor won the Democratic primary for U.S. Senate, but then the Democratic Party endorsed independent Greg Orman, so Taylor wants to be removed from the ballot. However, the Secretary of State refuses to remove him.

In 1968, New York state Court of Appeals (the highest state court in New York) ruled that candidates have a common law right not to be forced to be candidates against their will. That decision removed Eugene McCarthy from the November ballot as an independent presidential candidate. McCarthy did not wish to run but some supporters had petitioned to put his name on the ballot. The Court removed him, per his wishes.


Comments

Kansas Democrat Asks State Supreme Court to Remove His Name from Ballot — 8 Comments

  1. Of Course this Republican hack Secretary of State does not want to remove his name from the ballot. This confuses voters and takes needed votes from the Independent candidate Greg Orman who has a chance of pulling a long shot and defeating Roberts. The Democrat label or name on any ballot – even with the name of Satan attached thereto, will cause some voters to vote for the Democrat.

    I trust Mr. Taylor will appeal and use these court precedents to get his name removed. Another reason why the Democratic and Republican parties are crooked and we need a strong 3rd party in this country. And we could have one if the existing 3rd parties would come together and compromise as our Founding Fathers did in getting the Constitution of the United States adapted.

  2. Michael: Good point about McCarthy in ’68. It’s just these Republicans playing dirty politics as ususal. I hope a judge will order them to remove the Democratic nominee from the ballot. Also, if you know of any good populist Independents in Alabama who want to help in organizing a real 3rd party in this state, let me know.

  3. (Thursday, September 11, 2014)
    I regret not knowing the background on this matter. Why would the candidate who won the Democratic primary want his name removed from the ballot—even after his party endorsed someone else? Taylor appears too willing to assist the party that may have betrayed him.

  4. The reason is, to use the term of Demo Rep, is that he is a “robot party hack.” He is withdrawing for the good of the Democratic Party which is co-opting the supposed independent candidate.

  5. Now, now, Gene. You know that is not why he is withdrawing. It just happens that the Independent candidate, Greg Orman, has a good campaign and strong support. The Democratic nominee happened to turn out to be a loser. Unlike alot of Republican candidates who think their “s…” don’t stink, the Democratic candidate realized that his continued candidacy and the Orman candidacy would only divide the anti-Roberts vote, giving Roberts the chance win with a minority of the votes. It takes a real man to step aside for a good cause, and Mr. Taylor typifies a good man in that regard.

    The same thing is happening this year in Alaska. The Democratic nominee for governor – after realizing that he was running a poor campaign, agreed to join the Independent candidate for Governor who is running a strong campaign as an Independent, as his Lt. Governor running mate.

    Folks running campaigns for political office is just like managing campaigns on the battle field. There are times when strategies have to change to in order to defeat the enemy. What is so hard to understand about this?

  6. Under Kansas statutes, a party nominee may only withdraw prior to the general election if they sign a declaration that they are incapable of serving in that office. Thus a candidate who was severely injured or medically incapacitates could withdraw. It might also permit withdrawal by a candidate who decided to move from a legislative district to take a job elsewhere to withdraw. In such citizen, the party bosses may choose a replacement nominee.

    The statute appears to be intended to protect both the primary voters who choose the nominee, and the nominee from coercion by the party bosses.

    Taylor avoided stating in his withdrawal declaration that he was incapable of serving as Senator.

  7. Chad Taylor willfully and actively sought the Democratic Party nomination for US Senator. I don’t see how the New York case forms a precedent.

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.