Political Buzz - Libertarians claim upcoming Washington primary is illegal

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Tuesday, July 8th, 2008

Libertarians claim upcoming Washington primary is illegal

Posted by Joe Turner @ 10:09:27 am

You can understand why the Libertarian Party is complaining about the "Top Two" primary election slated for Aug. 19. It's highly unlikely that any Libertarian will be one of the Top Two in any race.

For Immediate Release

Further information:
Rachel Hawkridge – 206-769-2492
Richard Shepard – 253-383-2235

Libertarian Party says Washington State defying U.S. District Court!

By continuing with its plan for a “Top Two” primary, Washington State is defying the U. S. District Court, Western Division. The Court issued a permanent injunction against Washington’s Top Two primary, signed by Judge Zilly. The U.S. Supreme Court’s decision that on its face, the Top Two was constitutional, didn’t change the fact that an injunction had already been issued.

[More:]

“The upcoming ‘top two’ primary in Washington is still illegal for three reasons,” said Richard Shepard, attorney for the Libertarian Party. “First, the trial court injunction is still in place. Second, it violates the Libertarian Party’s right to control the use of its own name. Third, it deprives the Libertarian Party of any meaningful access to the general election ballot,” he said.

“What will this mean to Washington’s elections?” asks the Libertarian Party’s Regional Representative, Rachel Hawkridge. “Will our election results be invalidated? Ignored? Subject to more lawsuits? Will Washington, like Michigan and Florida in the primary, be left out of the process? Or the subject of jokes for years come, a la hanging chads?”

Whether convenience or wishful thinking, everyone seems to have forgotten this injunction, at least until the Ninth Circuit Court of Appeals handed down a request for briefs “on the issues raised but not resolved in the appeal” to that court. The court also asked for briefing regarding “any intervening authority on the ballot access and trademark claims that has been filed since these issues were originally briefed.”

Look for surprises to come . . . we may have a major upset on the eve of election!
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http://www.secstate.wa.gov/documentvault/FinalInjunction-856.pdf

Categories: Voting, Campaign news, Secretary of State, State government • 4 comments

COMMENTS:

Comment by jimkingjr @ 13:22 - Tuesday, July 8th, 2008

Before Libertarians can get a place on the general election ballot, they have to file for office. John Beck in the 5th Congressional, and Ruth Bennett in the 37th Legislative District, are the only two Libertarians to file for federal or state office.

Beck probably won't be one of the top two in the 5th, but as there are ONLY two candidates for House Position 2 in the 37th, Bennett will be on the general election ballot (unless overtaken by a write-in candidate). Now if only Bennett would get around to filing her paperwork with the PDC...

So- out of nine congressional races, eight partisan statewide races, and 124 legislative races- out of 141 races, only two Libertarian candidates?

And they think the Top Two primary is their problem?

Comment by RegisteringFool @ 16:52 - Tuesday, July 8th, 2008

And, uh, lessee, how many of these 141 races already have two or more Democrats and/or Republicans running in them?

Comment by jimkingjr @ 23:47 - Tuesday, July 8th, 2008

Uh, and how is that relevant? But there are a LOT of legislators running unopposed. That means only one person filed. In all of those races a Libertarian would have been on the general election ballot- if there had been a Libertarian to file.

Third parties griping that they aren't relevent because of the Top Two primary miss the fundamental point- they aren't relevent no matter what primary system we use.

As for "Second, it violates the Libertarian Party’s right to control the use of its own name."- who but a Libertarian- put the big "L" on the forehead, you know who you are- is using the name?

But we can't let reality get in the way of lawyers' sophistry, can we?

Comment by scottliberty @ 21:55 - Thursday, August 21st, 2008

Let's see jim- in 2004 there were 49 Libertarians on the ticket across Washington. this year there were less than 4. We have a ruling from the Supreme Court that, according to most of the media sources, spelled the end of the third parties, and you want these people to go out and leap onto the primary?

This system patently favours the republicans and democrats. most systems in America do, from the media to the political ones.

And people wonder why there is so much waste, abuse and special interest in politics.

Because citizen politicians are not allowed a spot on the ticket.

By the way, who out there would give $5 to a campaign the did not hold much of a chance to even get on the general election ticket?

Rail against the third party candidates all you want. I would actually trust them over the two party debacle we seem to be stuck with.

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