For a few months, Ohio has had an independent state representative, Shayla Davis. She was appointed to the seat earlier this year. On August 9, the Secretary of State removed her from the November ballot. He ruled that she isn’t a true independent, because she has been too closely associated with the Democratic Party. Otherwise she would have been on the ballot, because her petition was valid.
Ohio law on who can qualify as an independent candidate is hopelessly vague. Ohio does not have registration by party, yet bars independent candidates if they have too much connection to a ballot-qualified party. This often leads to highly arbitrary decisions.
So what about when a minor party, say the Libertarian, Green, or Constitution parties, do not have party status in Ohio, so they do a petition to place their presidential ticket on the ballot as an independent, since Ohio lacks a presidential only petition for the general election ballot that allows a presidential ticket to use a party label? Should these candidates also not be allowed on the ballot as independents?
Kanye West did the independent presidential candidate petition in Arizona, but he was kept off the ballot there because he was registered to vote in Wyoming as an independent. I thought that this was not a valid reason to keep him off the Arizona ballot.
It wouldn’t surprise me if the two ruling parties did use such a precedent to try to keep all minor party Presidential nominees off the ballot in Ohio in 2024. 2024’s attacks on minor party and Independent election rights will probably make 2020’s look like a free and fair multiparty election by comparison.
In Arizona in 2020, Kanye West was kept off the ballot as an independent presidential candidate. The state trial court kept him off because he was registered in Wyoming as a Republican. But he appealed, and the State Supreme Court disagreed with the lower court, but still kept him off because his candidates for presidential elector hadn’t filed some form. Never before in Arizona had presidential elector candidates been required to file that form. The Secretary of State’s advice packet for independent candidates didn’t mention that presidential elector candidates had to file that form. It was outrageous. And something that independent presidential candidates needs to be aware of in Arizona in the future.
Free and fair election? 2020 was stolen in plane sight by the Chinese commies and their domestic traitor fifth column. In 2022 and 2024 we will stop the steal.
Void-for-Vagueness Doctrine 8 MAY 2020
https://constitution.congress.gov/constitution/
—–
Amdt1.2.2.2 Procedural Matters and Freedom of Speech: Vagueness
https://constitution.congress.gov/browse/essay/amdt1_2_2_2/
—–
Amdt14.S1.6.2.2 Clarity in Criminal Statutes: The Void-for-Vagueness Doctrine
https://constitution.congress.gov/browse/essay/amdt14_S1_6_2_2/
may not be working see Cornell below
——
https://www.law.cornell.edu/constitution-conan/index.html
https://www.law.cornell.edu/constitution-conan/amendment-14/section-1/clarity-in-criminal-statutes-the-void-for-vagueness-doctrine
—
http://en.wikipedia.org/wiki/Void_for_vagueness
——
U.S. v Davis, 588 US _ (24 June 2019)
Slip op p. 4
II
Our doctrine prohibiting the enforcement of vague laws rests on the twin constitutional pillars of due process and separation of powers. See Dimaya, 584 U. S., at ___–___ (plurality opinion) (slip op., at 4–5); id., at ___–___
Slip op p. 5
(GORSUCH, J., concurring in part and concurring in judgment) (slip op., at 2–9). Vague laws contravene the “first essential of due process of law” that statutes must give people “of common intelligence” fair notice of what the law demands of them. Connally v. General Constr. Co., 269 U. S. 385, 391 (1926); see Collins v. Kentucky, 234 U. S. 634, 638 (1914). Vague laws also undermine the Constitution’s separation of powers and the democratic self-governance it aims to protect. Only the people’s elected representatives in the legislature are authorized to “make an act a crime.” United States v. Hudson, 7 Cranch 32, 34 (1812). Vague statutes threaten to hand responsibility for defining crimes to relatively unaccountable police, prosecutors, and judges, eroding the people’s ability to oversee the creation of the laws they are expected to abide. See Kolender v. Lawson, 461 U. S. 352, 357–358, and n. 7 (1983); United States v. L. Cohen Grocery Co., 255 U. S. 81, 89–91 (1921); United States v. Reese, 92 U. S. 214, 221 (1876).
What was the form that presidential electors for independent candidates had to fill out and submit?
Oh, above I meant that Kanye West had been registered to vote in Wyoming as a Republican.
Get your shit straight, Andy Gonzalez. How was your date with Miss ND? Did her father kick your ass? Did you secretly wish she had a D?
I don’t know an Andy Gonzalez.
Andy, a “statement of interest”, a form created by a 2019 law.