On July 11, the Ninth Circuit issued an opinion in No Labels Party of Arizona v Fontes, 24-563. It reversed the U.S. District Court and said that No Labels has no right to tell the Secretary of State to block anyone from filing for partisan office in the No Labels primary. Here is the 28-page opinion. The author is Judge Salvador Mendoza, Jr, a Biden appointee. It is also signed by Judge Holly A. Thomas and Judge Anthony Johnstone, who are also both Biden appointees.
The opinion is a defeat for the freedom of association rights of political parties, but a win for the ability of voters to vote for the candidate of their choice. The chief precedent that influenced the decision is a 2008 decision of the Ninth Circuit that said the Alaskan Independence Party had no right to exclude a particular candidate from filing to run in the AIP’s primary. The new No Labels decision, minimizing party rights, is philosophically completely different from a recent Eleventh Circuit remand opinion that said the Catoosa County Republican Party (in Georgia) may have the right to exclude candidates from its primary.
The Ninth Circuit No Labels opinion boosts the right to vote. It says on page 23, “Candidate exclusion burdens voters”, and also, in footnote nine, “Such candidate selection necessarily includes the right to vote for minor parties, a right that is ‘neavily burdened if that vote may be cast only for ‘two old, established parties.'” These quotes will help the minor party plaintiffs who are challenging the California top-two system (California, like Arizona, is in the Ninth Circuit).
Here is a news story about the decision.
NOOO extremist primaries– esp having candidates rigged by top party hacks / monsters
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https://electionlawblog.org/?p=150873
ME law to stop forn stuff in me state elections –
moron usa ct app op stopping the ME law
onto SCOTUS ???
Not sure how “Candidate exclusion burdens voters” when the excluded candidates can just run as independents in the general election.
Arizona has very difficult independent candidate petition requirements. Also independents get the worst spot on the general election ballot.
What is a political party?
Is it a mass body comprised of all Arizona voters who affiliate with it, or is it an executive body controlled by a corporation located elsewhere?
Richard Winger adopts the second definition, and believe it is a defeat for “freedom of association rights” if the executive body must deign to recognize the voters affiliated with the party.
What does this have to do with Donald Trump?
It’s almost like voter rights is more important than political parties rights to field candidates…
Oh wait! It’s because voter rights is where it all starts. Political parties are an after thought that don’t even make into the US Constitution.
When will SCOTUS give clear guidelines on how the lower courts should analyze these questions? When will state governments stop operating as if protecting the two-party system is a legitimate government interest.
Jim Riley, second definition is correct.
How can something be part of its own definition?
X is comprised of people who affiliated with X. It’s a circular definition. No?
Part of the problem here is that all of wrongfully installed imposter president Biden’s official acts, including judicial appointments, have somehow still not been ruled invalid yet. Hopefully that will not take much longer.
Abolish government subsidy and regulation of primary elections for political associations (parties). They can endorse and exclude endorsing anyone, even a person affiliated with another association (fusion). However, that change must be accompanied by the abolition of ballot access censorship for the general election. That is where voters must have unrestricted right to choose among any and all persons offering candidacy.
The complexity of election laws is to make two particular parties dominant and all voters subordinate to those two parties. Those parties are a state-sponsored cartel created by ballot censorship and augmented by gerrymandering and restricting the number of congressional representatives (435) to the level of the 1920 Census. General election ballot censorship abolishes the republican form of government and leads to and sustains a fascist police state.
Sewer politics –
https://www.yahoo.com/news/newsom-newscum-nickname-trump-real-143052684.html
newscum vs trumpscum
Only newscum is a scumbag between the two, and the name is not new at all.
Standing Count is the solution. Trump Access News, Real Facts, and White Men Can Trump also make good points.
Since Phillies is censoring me at independent political report now also, despite everything I did for the site over the years, I’ve requested that he now delete all my past comments and articles from his site. The request was of course also deleted.
I asked that if he doesn’t believe I actually made the request that he or his representatives text me at 205-534-1622. SMS only. I don’t do voice calls and I check email once every few months. No one has texted, unless it was someone I blocked previously.
I guess this is ironic justice, since I started the unfortunate trend of censorship there and this is what it led to, but nevertheless the request has been made and will continue to be posted here since it can’t be posted there.
One alternative was originally presented which was that Phillies apologize for and remove his originally incorrect guess (left up even after corrections were made, posted and removed) that my more recent employers are all one person, as an excuse to ban them (but not remove their past comments, as they asked in such case)
They’ve hired me for about 2-3 years now, I think, to relay their comments. I don’t alter those comments, and usually don’t read them, except every once in a while by accident if they are short.
I know for a fact that they are multiple people because
1) I’ve met a few of them in person – while I haven’t been more than 1-2 hours drive from Birmingham in over 5 years, and rarely even more than 1-2 hours walk from where I live, they have been up here. They live in Southern Georgia and Northern Florida.
2) They text me regularly from way more different numbers than I believe one person would ever maintain, and they are not throw away numbers, I have them saved.
The alternative was not accepted, so the amended request is that all our (including mine) past comments and articles be removed AND an apology / retraction. The first part is more important, however.
Phillies is a communist piece of shit.
https://www.law.georgetown.edu/public-policy-journal/in-print-2/volume-22-1-winter-2024/the-crisis-of-minority-rule-in-american-democracy/
MINORITY RULE – GERRYMANDERS MATH
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Democracy is itself a crisis. The masses are asses who are easily manipulated, on average poorly educated as well as innately stupid and intentionally ignorant, and over time all the incentives are for government to grow exponentially, redistribute more and more wealth as well as confiscate more for wars and preparing for wars to glorify itself, and to totally fail to solve social problems while creating new ones.
The redistribution of wealth means the incentives are for ever more people to be ever lazier and or less productive, and for fewer to take risks to innovate, save and invest – the things that create wealth not only for themselves but for everyone. Classes of bureaucrats and government connected businesses grow as a result, and their nature is to always expand while wasting a great deal of money / resources. Government incentivizes people who otherwise could not afford to have (as many) children to have more and more, passing on the worst genes and learned as well as inherited behavior traits.
Those kids then go on to outvote everyone else in a democracy, and if that’s not bad enough, they create all the incentives to attract exactly the wrong sorts of immigrants.
The incentives for politicians are to appeal to the lowest common denominator and promise something for nothing, make false promises, or deliver short term “fixes” with the bill due after they’re out of office or after the short term memory voters stop holding them accountable.
The logical end point of pure democracy is totalitarian communism arrived at gradually. Along the way are various stages of authoritarian socialism, fascism, Nanny state, etc.
You reckon that’s actually Frankel? Has anyone tried texting him to find out?
We should make Trump Emperor, since He is God. There is no logical, sane, or good alternative. Otherwise, the whole world will go to hell, and very soon.
In order for Trump to make America great again everyone needs to join the Ku Klux Klan. Those who can’t or won’t should either be deported or “very very very late term aborted”. Abortion is murder, that can’t be denied. But why does Trump always have to be crucified?
This “Frankel” person sounds like a desperate loser who really needs people to text him because he doesn’t have a life and nobody can stand to be around him or even hear his annoying voice. That’s just a guess, but I bet I’m right.
Steve, it depends on which Phillies you mean.
Probably PedoPhillies?
The last time America was great was right around the year 1488.
White revolution is the only solution.
Is Paul Frankel even a real name at all?
Could it actually be Robert K Stock?
It’s not a real name. His real name is Pavel Alexandrovich Frenkel.
Curious: I don’t know. Have you tried asking your mom?
That ain’t my baby daddy.
Jim Riley, the plaintiff in the lawsuit is the No Labels Party of Arizona, not the national No Labels group.
Frankel is Stock?
@Richard Winger,
No Labels, Inc. (“No Labels”) (a foreign company, domiciled in D.C.) petitioned to become a qualified party in Arizona. After the State of Arizona recognized the party, the SOS began permitting voters to register as affiliated. After some voters expressed interest in seeking the party’s nomination in the primary, No Labels communicated with the SOS to not hold a primary. A few days after Richard Grayson filed a declaration of interest with the SOS, No Labels appointed a state executive committee of No Labels of Arizona (“NLAZ”) which then promulgated bylaws. A member of NLAZ is an Arizona resident who is a member of No Labels. The bylaws notably permit No Labels (the D.C. corporation) to replace an executive committee member of NLAZ. NLAZ then began communicating with the SOS, and eventually sued.
I don’t know whether the executive committee of NLAZ authorized the lawsuit. All communication is through lawyers, who almost assuredly are being paid by the D.C. corporation.
Frankel sounds bitter.
Could Richard Winger, Bill Redpath &/or Jim Riley (as he seems quite informed on this issue) please explain how or where it is, in Arizona law for a ballot qualified party or group trying to qualify for the ballot, about how a party’s State Central Committee [or whatever term is used in Arizona] membership is chosen in Arizona including the list of required Officers & length of term? I apologize for my run-on sentence & squirrely grammar.
Frankel will die soon from meth if he hasn’t already