Thursday, July 28, 2016

The Democrat Party, the Republican Party, Third Parties, Independents, and Ballot Access Laws

Darrell Castle/Scott Bradley: Constitution Party President/Vice President candidate

Website: http://castle2016.com/

Donate: https://castle2016.nationbuilder.com/donate

Chad Koppie: Constitution Party US Senate candidate for Illinois

Website: http://www.chadkoppie.com/

Facebook: https://www.facebook.com/Chad-Koppie-Campaign-175035105892775

Donate: http://www.chadkoppie.com/donations.php    

https://votevance2016.blogspot.com

Darryl Glenn: Republican Party US Senate Candidate for Colorado

Website: http://www.electdarrylglenn.com/

Donate: https://transaxt.com/Donate/6ECCUR/CommitteetoElectDarrylGlenn/?src=button

Facebook: https://www.facebook.com/CommitteeToElectDarrylGlenn/

Note: [ ] = my additions

Petition: National Petition to Slash U.S. Funding of the United Nations

https://secure.giveworks.net/ccagw/slashUNfunding/PAU5820

Petition: Protect womens health and safety from the abortion butchery factory.

http://www.citizengo.org/en/lf/35784-its-notover-tell-government-protect-womens-health-and-safety?tc=ty&tcid=25205860

Petition: Protect the privacy of children in restrooms

http://concernedwomen.org/rnc-bathrooms/


Restore the Constitution
Take Back the Nation

I am a Christian, Constitutionalist, conservative.

I moved back to Illinois from Texas specifically to run for the Congressional District 18 seat in Congress. Originally, I planned to run in the Republican primary. That changed when the Republican Party ignored me. Since I had been a member of the Constitution Party in Texas, I tried to get in contact with the Illinois Party. No one responded to my e-mails. Consequently, I decided to run as an independent candidate.

However, in late March while doing some research, I discovered that there was a Constitution Party candidate for the U.S. SenateChap Koppie. I sent him an e-mail. His campaign manager and I were in contact and through him I got in contact with the Chairman of the Illinois Party. After a long negotiation period, it was agreed that I would run for the District 18 seat as a member of the Constitution Party. However by that time, there was no way I was going to get the required signatures to get on the ballot. Nomination petitions for third party candidates and independents in Illinois were due by 5PM on Monday June 27, 2016. See:

http://votevance2016.blogspot.com/2016/07/donald-l-vance-constitution-party.html

Therefore, I sent the following e-mail to the Illinois Party Chairman, to the national Constitution Party, and to Darrell Castle who is running for President for the Party. The response was that it was the responsibility of the State Party to challenge State laws in relation to ballot access.

The e-mail sent:

It is time for the Constitution Party to be the Party of the Constitution and challenge the constitutionality of the ‘Protection of the Established Parties of Illinois Act(s) [My name for the ballot access laws in Illinois].’ The two tiered system of established political parties and new political parties/independent candidates is unconstitutional. The two tiered system is not separate but equal. The two tiered system is inherently unequal.

First, the laws prescribe two requirements to be a candidate of the House of Representatives and the Senate that are not provided within the Constitution of the United States.

The first requirement is that the candidate must be a registered voter. No such requirement is given in the Constitution.

The second requirement is that the candidate must gather and submit a prescribed number of qualifying acceptable signatures of eligible voters to get on the ballot. No such requirement is given in the Constitution.

Article I Section 2 paragraphs one and two of the United States Constitution:

“The House of Representatives shall be composed of Members chosen every second Year by the People of the several States, and the Electors [Voters] in each State shall have the Qualifications requisite for Electors [Voters] of the most numerous Branch of the State Legislature.

[Requirements]

No Person shall be a Representative who shall not have attained to the Age of twenty five Years, and been seven Years a Citizen of the United States, and who shall not, when elected, be an Inhabitant of that State in which he shall be chosen.”

[Says nothing about having to get a certain amount of signatures of voters to get on the ballot. Says nothing about being a registered voter. The States can not add a requirement that is not within the Constitution.]

There is no requirement that a Representative

Be of a certain race
Be of a certain sex
Be responsible and accountable
Be of good moral character
Be of a certain social class
Be able to read and write
Be of a certain intellect
Be of a certain religion
Be a registered voter
Be employed
Be married
Be a lawyer
Is excluded because of being in certain professions
Have a certain number of nominating signatures to get on the ballot
Have a certain number of children
Have a certain amount of wealth
Have an education
Live in the Congressional District he is elected from [were originally elected State wide]
Live in the State a certain length of time
Own property
Pay a certain sum of money to get on the ballot

[This list is literally almost endless.]

There are only three requirements:

Age
Citizenship for a required length of time
Live in the State from which elected

States can not add requirements that are not within the Constitution itself and neither can Congress or the courts.

Why do States have a nominating petition requirement? Theoretically, to prevent hundreds of candidates from being on the ballot. However, that does not make it constitutional. More likely, to restrict competition against the established parties. Depending upon their own constitutions, they may be able to restrict State candidates in this matter. They can not restrict federal candidates in this manner according to the Constitution. As the Constitution Party, we should be willing to fight for the Constitution as written and Amended and be able to do so effectively in a court of law.

Article I Section 4 paragraph one of the United States Constitution:

The Times, Places and Manner [the way the election is done] of holding Elections for Senators and Representatives, shall be prescribed in each State by the Legislature thereof; but the Congress may at any time by Law make or alter such Regulations, except as to the Places of chusing Senators.”

Article I Section 5 paragraph one of the United States Constitution:

Each House shall be the Judge of the Elections, Returns and Qualifications of its own Members, and a Majority of each shall constitute a Quorum to do Business; but a smaller Number may adjourn from day to day, and may be authorized to compel the Attendance of absent Members, in such Manner, and under such Penalties as each House may provide.”

Current requirements to get on the ballot [i.e. the current Protect the Established Parties Act(s)]:

OFFICE: UNITED STATES SENATOR

MINIMUM AGE: 30 years (United States Constitution, Article 1, Section 3)

RESIDENCY: United States citizen for nine years. Inhabitant of Illinois at the time of the election and a registered voter. (United States Constitution, Article 1,

Section 3; 10 ILCS 5/7-10, 10-5)

SIGNATURE ESTABLISHED PARTY CANDIDATES

REQUIREMENTS: Not less than 5,000 nor more than 10,000 primary electors of his or her party. [10 ILCS 5/7-10(a)]

INDEPENDENT CANDIDATES

Minimum of 1% of the number of voters who voted in the next preceding statewide General Election or 25,000 qualified voters of the State, whichever is less.[10 ILCS 5/10-3] (See Signature Requirements Section.)

[Five times the minimum number of signatures required of candidates from an established party]

NEW PARTY CANDIDATES

Minimum of 1% of the number of voters who voted in the next preceding statewide General Election or 25,000 qualified voters of the state, whichever is less. [10 ILCS 5/10-2] (See Signature Requirements Section.)

[Five times the minimum number of signatures required of candidates from an established party]

OFFICE: U.S. REPRESENTATIVE IN CONGRESS

MINIMUM AGE: 25 years (United States Constitution, Article 1, Section 2)

RESIDENCY: United States citizen for seven years. Inhabitant of Illinois at the time of the election and a registered voter. (U.S. Constitution, Article I, Section 2; 10 ILCS 7-10, 10-5)

SIGNATURE ESTABLISHED PARTY CANDIDATES

REQUIREMENTS: Not less than .5% (.005) of the qualified primary electors of his/her party in the congressional district at the last presidential election. [10 ILCS 5/7-10, 10(b)]. (See Signature Requirements Section)

INDEPENDENT CANDIDATES

Not less than 5% nor more than 8% (or 50 more than the minimum, whichever is greater) of the total number of persons who voted at the next preceding regular General Election within the congressional district. [10 ILCS 5/10-3]. (See Signature Requirements Section.)

NEW PARTY CANDIDATES

Not less than 5% of the total number of persons who voted at the next preceding regular General Election within the congressional district. There is no maximum signature requirement. [10 ILCS 5/10-2]. (See Signature Requirements Section.)

4) A candidate for whom a nomination paper has been filed as a partisan candidate at a primary election, and who is defeated for nomination, is prohibited from being listed on the ballot as an independent candidate or as a candidate of another political party and may not file a Declaration of Intent to be a Write-In candidate at that General Election. [10 ILCS 5/7-61, 10-3, 17-16.1 and 18-9.1]

2016 SIGNATURE REQUIREMENTS 


Office  Democratic       Republican        Independent     New Party    United States Senate

         5,000 - 10,000    5,000 - 10,000       25,000             25,000

U. S. CONGRESS [House of Representatives]

District   Democratic .5%    Republican .5%   Independent 5% - 8%    New Party 5%

18                    626                      1,014                    12,603 - 20,163                  12,603

AMENDMENT XIV Section 1

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside. No State shall make or enforce any law which shall abridge the privileges or immunities of citizens of the United States; nor shall any State deprive any person of life, liberty, or property, without due process of law; nor deny to any person within its jurisdiction the equal protection of the laws.”

Amendment I

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.”

One of the most effective ways to practice freedom of speech, assembly, and petitioning the government is to form a political party to influence the government as a group of citizens united in a common cause. Just as the Congress can not pass laws against speech, assembly, and petitioning the government; neither can the State based upon the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Yet, the two tiered party system concocted by the State of Illinois does restrict freedom of speech, assembly, and petitioning of the government by demanding different and more difficult requirements to get on the ballot for new parties and individuals in relation to established parties.

[In my own example, I need approximately 12.43 times the number of signatures as the incumbent to get on the ballot. How is that Equal Protection of the law? And approximately 20.13 times the number of signatures of the candidate of the Party that came in second in the previous election. How is that Equal Protection of the law?

If nominating petitions were 1/18th of the number required for the Senate [25,000] since there are eighteen House Districts, it would still require 1,389 signatures which would still be more than required by any other candidate in the 18th district. How is that Equal Protection of the law?]

{Absurd petition requirements demonstrating a lack of Equal Protection of the law: For the House of Representatives in Congressional District 5, the Green Party needs 12 signatures. In Congressional District 12, the Green Party needs 13 signatures (page 60, State of Illinois CANDIDATE’S GUIDE 2016).}

Illinois law does not override the United States Constitution. Quite the contrary. It is time for the Constitution Party to hold the State of Illinois accountable to the Constitution instead of being the Party trying to appease the unconstitutional edicts of the State of Illinois.”

There was an independent candidate in Illinois Congressional District 13 who was challenged off of the ballot.

The news story:

From Bloomington Pantagraph page A7 July 22, 2016

http://www.pantagraph.com/news/local/government-and-politics/gill-comes-up-short-in-signatures-plans-lawsuit/article_66bea563-dcd0-5b4b-a7ed-cdea8fc4be37.html

“Gill comes up short in signatures, plans lawsuit
July 22, 2016 page A7

SPRINGFIELD—An attorney for David Gill said the Bloomington physician plans to move forward with a lawsuit challenging the number of signatures an independent congressional candidate must collect to get on the ballot in Illinois.

An initial Illinois State Board of Elections review this week determined that Gill’s supporters only collected 8,593 valid signatures out of the more than 10,000 he needed to earn a spot on the November 8 ballot in the 13th Congressional District.

Gill, a former four-time Democratic candidate, is seeking to run against U.S. Rep. Rodney Davis, R-Taylorville, and Democratic challenger Mark Wicklund of Decatur. Gill lost to Davis in his last congressional bid in 2012.”

“Sam Cahnman, a Springfield attorney representing Gill, said he doesn’t plan to challenge the finding by staff of the elections board but will instead take the fight to court.

Cahnman said the number of signatures required for an independent congressional candidate in Illinois is nearly 15 times the number required for major party candidates. Davis and Wicklund, for example, each had to gather fewer than 740 signatures.”

“Cahnman said in an emailed statement. ‘Dr. Gill views the current signature requirement as patently absurd, egregious and clearly unconstitutional.’

Cahnman added in an interview that he hasn’t found another state with ‘such an excessive signature requirement.’”

“Ken Menzel, the board’s general counsel, said it’s fairly common for independent candidates to sue the state over signature requirements [For good reason! The requirements are clearly unconstitutional!].”

Dr. Gill’s letter to the editor:
From Bloomington Pantagraph page A6 July 22, 2016

http://www.pantagraph.com/news/opinion/mailbag/collecting-signatures-unfair-to-independents/article_107000e3-4c83-55c0-a6bf-753afa190457.html

“The print edition of your July 12 article regarding the challenges to my independent 11,442-signature U.S. House (Illinois-13) petition filing had some important information omitted.

The Democrat and the Republican in this race each had to collect fewer than 740 signatures, while I, running as an independent, had to collect nearly 15 times that many (10,754; not a typo). This is even worse than the demands placed upon independent U.S. Senate candidates; they have to collect only five times as many signatures as those collected by the two major party candidates.

The demand for even a single signature is unconstitutional (see U.S. Constitution Article 1, Section 2, Clause 2) [He is absolutely correct], but some courts have allowed some signature requirements to ‘reduce voter confusion.’

In my case, being asked to submit 15 times as many signatures as the Democrat and the Republican, and being asked to arbitrarily collect three times as many signatures (relatively) as even an independent running for a six-year U.S. Senate term, the unconstitutionality has obviously gone way too far.

Voters often wonder why their choice in elections is limited to ‘bad’ and ‘worse.’ Ballot access issues such as this play a pivotal role in maintaining a system which leaves most of us looking for better representation in government [It restricts competition and the laws are intended to restrict competition. The laws are to protect the two major political parties!].

Dr. David Gill, Bloomington”

When the Founding Fathers wrote the Constitution they expected citizen participation. They also expected and wanted COMPETITION! Competition increases the likelihood of good government!

You can not win the election if you do not run for the office. You can not win the election if you do not get on the ballot. Ballot access laws are written to keep third party candidates and independent candidates off of the ballot!

Vote Darrell Castle for President. The Constitutional Conservative!

I am a Christian, Constitutionalist, conservative.


Restore the Constitution
Take Back the Nation

For Life, for liberty

Don L. Vance

“With a firm reliance on the protection of divine Providence, we mutually pledge to each other our Lives, our Fortunes and our sacred Honor.”

 

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