Since 1991, West Virginia has had a law that says candidates (other than independent candidates) must be registered members of the party that nominates them. No one had ever thought this law applies to presidential candidates. But on October 18, Betty Ireland, West Virginia Secretary of State, said that even though she feels the law is unwise and perhaps unconstitutional, that she must enforce it. Therefore, she has invited the Mountain Party (the state’s only ballot-qualified party) to sue her. The Mountain Party plans to accept this invitation, and hopes to file the lawsuit early in November.
The Mountain Party pointed out that George W. Bush has not been a registered Republican during the 35 years he has lived in Texas (since Texas doesn’t have registration by party). Yet West Virginia put him on the ballot. The party made the same point about former Presidents George H. W. Bush, and Bill Clinton, as well as Ross Perot (who was on the 1996 West Virginia ballot as the Reform Party nominee). Those three candidates all lived in states without party registration. Also, the Mountain Party said that Ralph Nader was on the West Virginia ballot as the Green Party nominee in 2000, even though he was a registered independent. The Secretary of State responded that this is just because no one had paid any attention to the law in past years.
Richard,
How is it that the Democratic and Republican Parties are not ballot qualified?
Isn’t it funny that this law is suddenly being enforced after the Constitution Party has made phenomenal growth in West Virginia (and in many other states) in the last six months?
Hmmmmmmm.
Again, the Democans and the Republicrats are not identical twins, but push comes to shove, they sure are kissing cousins….
“Also, the Mountain Party said that Ralph Nader was on the West Virginia ballot as the Green Party nominee in 2000, even though he was a registered independent. The Secretary of State responded that this is just because no one had paid any attention to the law in past years.”
And they shouldn’t pay any attention to it now.
well it sounds like she knows it is a bad law and is asking the Mountain Party to sue her so that the bad law can be taken off the books.
I think that she is doing the right thing
Who is being kept off the ballot because of this? In some states such as Connecticut you cannot register with a party that is not recognized.
It seems like the “right thing” would be to interpret the law sensibly, such that only candidates for presidential elector are subject to the party registration restriction. (Granted, I haven’t read the WV law, but most of these laws seem to be subject to that interpretation.)
Inviting the Mountain Party to sue is inviting them to use resources that would otherwise be used for some better purpose.
And I guess Ireland is counting on Fred Thompson and Barack Obama losing their respective primaries.
What the WV law actually says is:
3-5-7(b) The certificate of announcement shall be in a form prescribed by the Secretary of State on which the candidate shall make a sworn statement before a notary public or other officer authorized to give oaths, containing the following information:
(6) “For partisan elections, the name of the candidate’s political party, and a statement that the candidate is a member of and affiliated with that political party as is evidenced by the candidate’s current registration as a voter affiliated with that party, and that the candidate has not been registered as a voter affiliated with any other political party for a period of sixty days before the date of filing the announcement;”
Candidates for president or vice-president from states that do not register voters by party affiliation obviously cannot make this sworn oath without perjuring themselves.
And those states include Texas, Arkansas, Tennessee and a couple others.
Looking further at the text of the law, the certificate of announcement must be filed by “[a]ny person who is eligible and seeks to hold an office or political party position to be filled by election in any primary or general election held under the provisions of this chapter.”
Since the offices of president and vice president are not filled by any election held under the provisions of West Virginia election law, but rather in a separate proceeding held under the provisions of federal law, there is no reason why candidates for those offices should be required to file certificates.
Noe of this matters anyway because the entire election process is corrupt!!! If you really want to help make a difference, put as much pressure Betty Ireland to decertify the eelectronic voting machines and go back to a paper ballot/hand count!!!
Using these machines are not only unconstitutional, but they are rigged!!!!
Betty Ireland and the office of Secretary of State has a law suite fied right now, for allowing electronic voting machines in the state of WV.
I’m telling you folks! If you don’t wake up to the corruption, and I do believe that Betty Ireland is corrupt, your vote will not count!!!!
CORRECTION!!!!
None of this matters anyway because the entire election process is corrupt!!! If you really want to help make a difference, put as much pressure on Betty Ireland to decertify the electronic voting machines and go back to a paper ballot/hand count!!!
Using these machines are not only unconstitutional, but they are rigged!!!!
Betty Ireland and the office of Secretary of State has a law suite fied against them right now, for allowing electronic voting machines in the state of WV.
I’m telling you folks! If you don’t wake up to the corruption, and I do believe that Betty Ireland is corrupt, your vote will not count!!!!