The Queen's Chair: Get Out And Vote

Marsha,

The only complaint I have is the choices offered. What to do when you can't support either of the (two) choices?

Then use your vote as a protest vote and either vote for another candidate or write one in.Not voting is NOT an option for us.

Well a write-in vote doesn't count so it's the same as not voting. I have one choice for independent and that is for the state assembly, he has my vote. For the rest I must choose between two. But I won't be sure if I'm making the right choice. Oh well,

But your right-in vote does get recorded. :)

November 2nd!!! I am.... and you are right Marsha.... it is not an option for "us"!!!

Hey Marsha.... Have your received your ((pre-recorded)) call from Mr. President!!???
I HAVE!!!

OH YEAH!!! one more thing.... Absentee works too!

Here's what I found for my state:

Philadelphia Libertarian Party Formally Asks that Write-ins be Tallied
October 17th, 2010

On October 17, the Philadelphia Libertarian Party sent a courteous, formal letter to the Philadelphia County elections office, notifying the county of who the Libertarian write-in nominees are, and asking that write-ins be counted and tallied. See the letter here.

The Pennsylvania Supreme Court long ago ruled that the state Constitution requires write-in space on Pennsylvania ballots. And the election law says that all votes are to be counted and tallied, even write-in votes. Nevertheless, Philadelphia election officials routinely ignore all write-in votes and never even mention how many were cast, much less revealing who received them. This policy of Philadelphia and certain other counties is being challenged in a case now pending in the 3rd circuit. It would be a good idea for the Libertarian Party to send similar notices to other counties, and also a good idea for the Green, Constitution, and Socialist Workers Parties to send similar letters. All these parties have write-in candidates for Pennsylvania statewide office this year.

The Socialist Workers statewide write-in candidates are: Brian Nevins for Governor, and Osborne Hart for U.S. Senate.

The Constitution Party statewide write-in candidates are: John Krupa for Governor, Ed Roberson for Lieutenant Governor, and Donald John for U.S. Senate.

The Green Party statewide write-in candidate is: Mel Packer for U.S. Senate.

The Libertarian statewide write-in candidates, mentioned in the letter, are: Marakay Rogers for Governor, Kat Valleley for Lieutenant Governor, and Douglas M. Jamison for U.S. Senate.

Pennsylvania is the only large-population state this year to have a complete Democratic-Republican ballot monopoly for all statewide offices.

Thanks Marsha, now I can vote with a clear conscience.

ANCHORAGE, Alaska -- Alaska Democrats and Republicans finally agree on something: The state Division of Elections should not be providing voters with a list of write-in candidates at polling places.

The Alaska Democratic Party and the Republican Party of Alaska sued the Division of Elections on Monday, seeking a restraining order to immediately halt election workers from providing lists of write-in candidates to anyone who asks.

The matter is crucial this year as incumbent U.S. Sen. Lisa Murkowski, who was defeated by Joe Miller in the August GOP primary, mounts a write-in campaign.

Attorney Thomas Daniel says state regulations are clear that information regarding a write-in candidate may not be "discussed, exhibited or provided" at the polling place.

A hearing in the matter is set for later Monday.


Read more: http://www.fresnobee.com/2010/10/25/213141...

MEMORANDUM

Date: October 31, 2006
From: Chuck Moulton, Chairman, Libertarian Party of Pennsylvania
Paul Teese, Chairman, Green Party of Pennsylvania
Erik Kocher, Chairman, Constitution Party of Pennsylvania
Gabriel Ross, Chairman, Socialist Party of Pennsylvania
Russ Diamond, Independent candidate, Governor
Ronald W. Satz, Libertarian Party candidate, Governor
Marakay Rogers, Green Party candidate, Governor
Hagan Smith, Constitution Party candidate, Governor
Thomas A. Martin, Libertarian Party candidate, U.S. Senate
Carl Romanelli, Green Party candidate, U.S. Senate
Carl Edwards, Constitution Party candidate, U.S. Senate
To: Edward G. Rendell, Governor, Pennsylvania
Pedro A. Cortés, Secretary of the Commonwealth, Department of State
Harry A. VanSickle, Commissioner, Bureau of Commissions, Elections and Legislation
CC: Bob Small, Founder, Pennsylvania Ballot Access Coalition
Richard Winger, Editor, Ballot Access News
Peter Jackson, Reporter, Associated Press

Subject: Write-in Votes in the 2006 General Election

The purpose of this letter is to demand that write-in votes be counted and included in the official election results in the 2006 general election.

Libertarian, Green, Constitution, Socialist, and Independent candidates have submitted declarations of write-in candidacy to the Bureau of Commissions, Elections and Legislation within the Pennsylvania Department of State.

Almost three-fourths of the states have laws saying that if a write-in candidate wants his or her write-ins tallied at the general election, the candidate must file a declaration of write-in candidacy. Pennsylvania is the only large or medium-population state not to have such a law. Pennsylvania law requires that all write-in votes be tallied. However, many large counties ignore all write-ins, especially Philadelphia. Furthermore, even though many counties do tally them all, in the past the commonwealth has refused to make a statewide tally and include write-in totals in the official state election returns. In 1996 and 2004 a statewide count of write-in votes was provided to the Ralph Nader campaign, but his total was not included in the official election results.

The Pennsylvania Supreme Court ruled in 1905 that the state constitution requires that write-ins be permitted. "Unless there was such provision to enable the voter not satisfied to vote any ticket on the ballot, or for any names appearing on it, to make up an entire ticket of his own choice, the election as to him would not be equal, for he would not be able to express his own individual will in his own way." Oughton v. Black, 61 A 346, 348 (Pa. 1905). The write-in procedure is codified in § 2963(a) of the Pa. election code, which says in part "To vote for a person whose name is not on the ballot, write, print or paste his name in the blank space provided for that purpose."

Although the law doesn't explicitly say that write-ins must be counted, because write-ins are legal it is core doctrine of constitutional law that they must be counted. "There is more to the right to vote than the right to mark a piece of paper and drop it in a box or the right to pull a lever in a voting booth. The right to vote includes the right to have the ballot counted." South v. Peters, 339 US 276, 279 (1950). "The court has consistently recognized that all qualified voters have a constitutionally protected right to cast their ballots and have them counted at congressional elections. ... Every voterÂ’s vote is entitled to be counted once. It must be correctly counted and reported. As stated in United States v. Mosley, "the right to have oneÂ’s vote counted" has the same dignity as "the right to put a ballot in a box." Gray v. Sanders, 372 US 368, 380 (1964). "Having once granted the right to vote on equal terms, the state may not, by later arbitrary and disparate treatment, value one person's vote over that of another." Bush v Gore, 531 US 98 (2000).

It is possible that our candidates could win the election by write-in vote. Nationwide, 6 candidates have been elected to U.S. Congress at by write-in. Strom Thurmond was elected to the U.S. Senate by write-in in 1954. Therefore, failure to count and report write-in votes would be a fundamental abuse of constitutional process and breach of voter trust. Further, because minor party status statewide and major party status in counties is determined by whether party candidates achieve a certain percentage of the vote, failure to count and report write-in votes would be a violation of the law.

The candidates who have filed declarations of write-in candidacy expect the Department of State to provide a statewide count and county by county breakdown of their votes. County boards of elections and local precinct judges of elections should be instructed to count all write-in votes and report their totals. In addition, we demand that these tallies be included in the official state election returns of the 2006 general election.

For Pennsylvania to tally some legal votes, and not others, is unconstitutional. If the commonwealth or counties refuse to tally our write-in votes and report their totals in the official election returns, we will be suing immediately in commonwealth court. The lawsuit would not be for a recount of the votes — it would be for a count of the votes.

Chuck Moulton
Chairman, Libertarian Party of Pennsylvania Ronald W. Satz
Libertarian Party candidate, Governor
Paul Teese
Chairman, Green Party of Pennsylvania Marakay Rogers
Green Party candidate, Governor
Erik Kocher
Chairman, Constitution Party of Pennsylvania Hagan Smith
Constitution Party candidate, Governor
Gabriel Ross
Chairman, Socialist Party of Pennsylvania Thomas A. Martin
Libertarian Party candidate, U.S. Senate
Russ Diamond
Independent candidate, Governor Carl Romanelli
Green Party candidate, U.S. Senate
Carl Edwards
Constitution Party candidate, U.S. Senate

PA Green Party joins Ballot Access lawsuit

Attention: News Editor
For Immediate Release

Contact:
Steve Baker, 717-845-8697 OR 717-755-1463


Green Party, Libertarians, and Constitution Party file federal lawsuit to challenge discriminatory provisions and enforcement of ballot access laws

Lawsuit focuses on punitive fees assessed defending candidates in ballot access challenges and failure of state to count write-in votes

GREEN PARTY OF PENNSYLVANIA
http://www.gpofpa.org

The Green Party of Pennsylvania is party to a lawsuit that was filed recently by the Center for Competitive Democracy (CCD), a non-partisan, non-profit 501(c)(3) legal advocacy group. The suit, filed in federal District Court for the Eastern District of Pennsylvania on behalf of the Constitution, Green and Libertarian Parties of Pennsylvania, challenges the constitutionality of the Pennsylvania Election Code provisions that authorize courts to order candidates to pay litigation costs and fees to private parties who challenge their nomination petitions. In recent years, these fees have amounted to more $80,000 for the crime of doing no more than trying to run for public office.

In 2006, Carl Romanelli, the Green Party Senatorial candidate, submitted over 100,000 signatures to get on the ballot (just over 67,000 signature were required). The Democratic Party challenged the signatures, and after a 7-week battle, chipped away at the Green Party signatures with technicality after technicality. The result: Romanelli is off the ballot and is fined $80,000 in court costs for the privilege of trying to win the fight.

"You shouldn't have to risk house and home to run for office in Pennsylvania," said Hillary Kane, Chair of the Green Party of Pennsylvania.

A similar scenario left Independent candidate Ralph Nader and running mate Peter Miguel Camejo with more than $80,000 in fees from their 2004 Presidential run.

"Taxing costs and fees against minor party candidates who defend themselves in ballot access challenges is similar to charging voters a poll tax, because both practices deter participation in the political process," said CCD legal counsel Oliver Hall. "Furthermore, because Pennsylvania elections officials don't bother to count write-in votes, minor party parties are being completely frozen out of the electoral system."

The lawsuit also seeks to require elections officials to count and certify write-in votes as required by the election code.

"This case is fundamental to pave the way for all Pennsylvanian's right to run for elected office without political harassment" remarked Steve Baker of the York County Green Party.

The lawsuit was filed pursuant to 42 U.S.C. § 1983, the federal civil rights statute, and seeks declaratory and injunctive relief to guarantee the rights of minor party candidates and voters to participate in Pennsylvania's elections.

The lawsuit asks the court to hold Sections 2872.2 and 2937 of the Pennsylvania Election Code unconstitutional. Section 2872.2 requires minor party candidates to submit nomination petitions to gain ballot access, no matter how many votes the minor party won in the previous election. Section 2937 authorizes private parties to challenge those nomination petitions, and authorizes courts to order the candidates to pay their challengers' litigation costs and fees. The lawsuit also seeks enforcement of Section 3155, which requires elections officials to compute and certify valid write-in votes.

In 1972, the Supreme Court declared in Bullock v. Carter that states may not require candidates "to shoulder the costs" of conducting elections by charging filing fees without providing a non-monetary means of gaining ballot access. Minor party candidates cannot gain ballot access in Pennsylvania, however, unless they submit nomination petitions.


"Independents and minor party candidates currently have two options to run for public office in Pennsylvania," said Mr. Hall. "Either they submit nomination petitions, and risk incurring tens of thousands of dollars in litigation costs, or they run as write-in candidates, and risk disenfranchising their voter-supporters."

Constitution Party of Pennsylvania, et al. v. Cortes, et al. has been assigned to the Honorable Judge Lawrence F. Stengel.

- End -

Exactly right, Marsha!

If you don't vote, then you can't complain!!!

Oh good, I get to complain.

Irma well I looked and looked for a write-in candidate for the 6th district and couldn't find one. But Gerlach doesn't seem like a bad choice, pretty moderate.

I can't wait until tomorrow. :)

@Adam, now what was that about only having 2 parties to vote for? lol

...here is something I found very interesting in my local news paper...Portland Maine on Nov. 2 will be voting to join San Francisco and Chicago to allow the long time residents wh are law abiding noncitizens the rights to vote. (smile)

@doc. because I work on the poll, I always get an absentee ballot simply because I don't work where I am suppose to vote. (smile)