La Botz Campaign Seeks Volunteer Campaign Coordinator
Dan La Botz, the Socialist Party candidate for US Senate in Ohio is looking for a volunteer to work as coordinator of his campaign. The position would last for four months and would involve the organization of speaking engagements, meetings, and other activities; work with volunteers and local committees; fund-raising; work with the media; the development of databases, listservs, e-mailings and e-social networks. Work would involve some travel in the state of Ohio. The coordinator would work under the direct supervision of La Botz and in coordination with local and state committees.
Applicant should have organizing experience in social movements, labor or politics and a demonstrated commitment to social justice. This position requires someone with organizational skills and experience: with the ability to multi-task, to manage schedules, and to show attention to details. Should be someone confident in dealing with people and have the ability to organize volunteers. Computer skills are essential, especially desirable are the ability to create and use data bases. Candidate should ideally have a car. Absolute equal opportunity.
The position would last from early July through the first week of November. Room and board would be provided and modest stipend of $100 per month, with the stipend increased to as much as $500 per month as quickly as fundraising makes that possible. This is a great opportunity to gain valuable experience organizing and coordinating a campaign, and to advance the cause of social justice. Candidates should send a brief letter, concise c.v., and three references and their contact information to: Dan La Botz at DanLaBotz (at) gmail (dot) com. (Put "Coordinator Position" in subject line.)
Dan La Botz, Cincinnati School Teacher, Socialist Party Candidate for US Senate in Ohio
Dan La Botz, a 64-year old Cincinnati school teacher, has filed petitions with the Ohio Secretary of State to become the candidate of the Socialist Party for the U.S. Senate. La Botz, who needed 500 signatures to get on the Socialist Party primary ballot, filed petitions with approximately 1,200 signatures on Thursday, Feb. 18. La Botz, a long time labor and social movement activist, is the candidate of the Socialist Party of Ohio which is the state organization of the Socialist Party USA. Speaking in Columbus after turning in his petitions, La Botz said, "I believe we need an alternative to the Republican and Democratic Parties. We have to stop the banks and corporations from controlling our political system. We must stop the wars in Iraq, Afghanistan and Pakistan. We must bring our citizens single-payer health care. We must confront the environmental crisis, rejecting coal, petroleum and nuclear energy and prioritizing solar and other green solutions. We must create jobs for all at living wages. When private enterprise fails the government must step in to become the employer of last resort."
La Botz said he sees a growing, though still embryonic movement for social change, a movement to which his Socialist candidacy will speak. "We can see the growing frustration, alienation and discontent with our political system. We see it in the Tea-Baggers. We see it in the demonstrations for immigrant rights. We see it in workers voting against contract concessions that give away wages and health plans. We see it in the LGBTQ movement for gay and lesbian marriage rights. People want an alternative, and that alternative is the idea of a democratic socialist society with health care, education, housing, and jobs and justice for all."
Rejecting arguments that a third party cannot win and cannot have an impact, La Botz pointed out that given the political deadlock in Washington, one Senator in the U.S. Congress from a third party could exert enormous leverage on the political process. "But," he said, "my job will be to inspire people to fight back not only politically, but by fighting for secure jobs, higher wages and health care, resisting attempts to foreclose on and seize their homes, and demanding free public higher education such as many states had in the 1960s. We need a political movement that is the expression of a social movement."
"Working people make the country run," said La Botz. "And working people -- not the banks, corporations, and politicians -- should run the country."
Ohio once had a history as a Socialist Party stronghold, with Socialists elected by their labor union and working class constituencies to lead city government in Dayton, Hamilton, and other Ohio cities and towns. During the twentieth century railroad union leader Eugene V. Debs in the 1910s and 1920s and former Presbyterian minister Norman Thomas in the 1930s and 1940s served as the presidential candidates of the Socialist Party.
A statement by Stewart A. Alexander, candidate for the Peace and Freedom Party's nomination for California Governor in 2010
In May 2009, the Los Angeles Times published an article entitled "Gay marriage a minefield for candidates for California governor;" however, Stewart Alexander, a candidate for California Governor, has taken a stand in the middle of that minefield and has thrust his campaign in the middle of the debate to achieve same-sex marriage rights.
In October, Stewart Alexander launched his campaign to become California's next governor calling for the legalization of same-sex marriages and the legalization of marijuana; these are two issues that most of the Republican candidates have consistently opposed and legalizing same-sex marriage has only been half heartedly embrace by some Democrats, to include California Attorney General Jerry Brown. The only two Democrats that championed same-sex marriage rights were San Francisco Mayor Gavin Newsom and Los Angeles Mayor Antonio Villaraigosa; both candidates backed out from the governor's race near the middle of 2009. The Republican front-runner, billionaire Meg Whitman, may be prepared to spend what ever amount of money to become California's next governor; however, it would be a disaster for LGBT rights. Meg Whitman has flip-flopped on most of the issues. Recently, Whitman stated that she favored maintaining the legality of the 18,000 married gay and lesbian couples in California; however, she remains opposed to same-sex couples having the right to marry.
The only viable Republican challenger to Whitman's campaign is California's Insurance Commissioner Steve Poizner. Like Meg Whitman, Steve Poizner is prepared to buy California votes; Poizner has already committed more than $15 million of his own funds toward his campaign. Stewart Alexander says "electing Poizner as governor would set back all the gains that lesbians and gays have achieved in the past 40 years."
Presently, in San Francisco there is a legal battle in federal court to determine whether same-sex marriages are protected by constitutional guaranties to protect minorities against the power of the majority to discriminate on the grounds of tradition and morality; it is expected the matter will eventually go all the way to the U.S. Supreme Court.
Stewart Alexander is confident that Californians will be voting on the issue of same-sex marriage rights in November; however, Alexander says it is necessary to win the vote and to win the decision of the courts. Alexander was raised in the south and being an Afro-American, he says "denying the rights of minorities are usually based on discrimination". Still, with little or no money to finance a political campaign, Alexander is prepared to challenge a billionaire and the multi-millionaires in the California governor's race to defend the rights of minorities.
Miss. ballot deadline dispute lingers By Jack Elliot Jr. Biloxi Sun Herald (Mississippi) (link)
Heard the true story about the guy who wanted on the presidential ballot in Mississippi?
He sends his qualifying papers by taxi to the Mississippi secretary of state's office. The cab driver arrives at 5 p.m. on the day qualifying is to end. The office is closed. The cabbie leaves the papers on the doorstep.
The filing deadline is unmet, and the candidate's name is left off the ballot.
The candidate sues.
A year of legal wrangling later and Brian Moore is back at square one. He's the Socialist Party USA presidential candidate in 2008 who wanted to be on the Mississippi ballot as the Natural Law Party nominee. U.S. District Judge Tom S. Lee in Mississippi threw out Moore's lawsuit in March.
A panel of 5th U.S. Circuit Court of Appeals in New Orleans reversed Lee but abstained from reaching its own conclusion. The panel said the election dispute "is based on an interpretation of uncertain state law, which should be resolved at the state level before we consider wading into a constitutional thicket."
The 5th Circuit panel suggested Lee do the same so the issue could be dealt with in the Mississippi courts.
Moore's attorney, Mark R. Brown of Columbus, Ohio, says procedurally Moore would file suit in state court, while Lee would put the federal case on hold. Once the Mississippi court ruled, Lee could then reconsider Moore's challenge.
"We're happy to be back in court ... kind of look at it as a partial victory. We haven't won the whole game yet," Brown said.
Brown says such parallel proceedings are not uncommon, especially in cases where a federal appeals court is looking for guidance from a state court before going off and interpreting a state law.
"The key is - and this is Mr. Moore's position and my position - we need to straighten this out for future elections for whoever it is who runs," Brown says.
Moore's argument is that the secretary of state's office shouldn't have closed at 5 p.m. on filing day. Moore says Secretary of State Delbert Hosemann should have kept the office open until midnight. He says nothing in state law governing the filing deadline for presidential candidates sets a 5 p.m. deadline.
Moore says Hosemann, by his actions, was enforcing a deadline without legislative direction and devising his own rules for candidates to get on the ballot.
Hosemann is steadfast in his position.
"The secretary of states office is open from 8 a.m. to 5 p.m. every business day unless closed for the holidays designated by the Legislature and the governor," Hosemann said in a statement. "This is as required by Mississippi law. The office will not extend its hours of operation for any election filing unless the Legislature changes the hours."
In court papers, Hosemann denies Moore's constitutional rights to political participation were compromised by his office closing at 5 p.m.
Hosemann and Moore agree that some election statutes set deadlines of 5 p.m., just not the one addressing presidential candidate filing.
There, according to the 5th Circuit panel, is the conundrum.
Hosemann, the panel said, "has made it plain that he intends to enforce the 5 p.m. deadline in future elections."
Hosemann contends it is unlikely that Moore or any other presidential candidate will miss a deadline again.
Lee had found Moore's arguments to be moot because the election was over and because Moore and other candidates were now on notice that the filing deadline is 5 p.m.
That is beside the point, said the 5th Circuit panel.
The 5th Circuit panel said while the issue is moot for Moore related to the 2008 election, the filing deadline controversy could resurface unless some court clears it up.
"As long as the complained-of deadline is in place, future candidates in Mississippi will be subject to it and will need to conform to its demands. Thus, the effects of the deadline will persist," the panel said.
Fifth Circuit Says that Mississippi "10 Minutes Too Late" Case is Not Moot; Tells Lower Court to Settle the Issue
Fifth Circuit Says that Mississippi "10 Minutes Too Late" Case is Not Moot; Tells Lower Court to Settle the Issue Ballot Access News (link)
On December 18, the 5th circuit issued an opinion in Moore v Hosemann, 09-60272, the case filed by Socialist Party presidential candidate Brian Moore last year, when the Mississippi Secretary of State refused to accept his presidential elector paperwork because it was submitted at 5:10 p.m. on the filing deadline. The Secretary of State rejected the paperwork because it arrived ten minutes after he had closed his office. The building itself was still open, so the paperwork had been left at the door of the Secretary of State’s office. On March 10, 2009, the U.S. District Court had ruled against Moore, saying the case is moot. The District Court said, “It does not seem reasonably likely that other prospective presidential candidates will fail to timely file their qualifying papers before the Secretary of State’s office closes at 5 p.m. on the date of the qualifying deadline.”
But, the 5th circuit disagreed, saying, “The Secretary has made it plain that he intends to enforce the 5 p.m. deadline in future elections. He adds that the chance is very small that Moore or any other presidential candidate will miss the deadline again. That is beside the point, however. As long as the complained-of deadline is in place, future candidates in Mississippi will be subject to it and will need to conform to its demands. Thus, the effects of the deadline will persist.”
Therefore, the case goes back to the U.S. District Court, to settle the main issue. Moore’s case depends on the fact that Mississippi election laws do specify an hourly deadline for some kinds of paperwork. However, the law governing filings of presidential electors does not mention an hourly deadline, so the implication is that if the paperwork comes in on the deadline day at any hour, it is timely. The 5th circuit opinion also says that the U.S. District Court should refer the case to the Mississippi state courts, because generally, federal courts do not interpret or construe the actual meaning of state laws; that is a job for state courts. Therefore, probably a state court will eventually make the decision as to whether Moore’s paperwork should have been accepted.
The decision is by Judge Jerry Smith, a Reagan appointee, and is co-signed by Judge Edith Jones, another Reagan appointee, and Judge Harold DeMoss, a Bush, Sr. appointee. This is the first time the 5th Circuit has issued an opinion favorable to a minor party or independent candidate since 1996, when it invalidated a Texas law requiring independent candidate petitions to include the voter registration affidavit number of each petition signer. That case was Texas Independent Party v Kirk, 84 F.3d 178.
"Ten Minutes Too Late to File" Case Argued in 5th Circuit
"Ten Minutes Too Late to File" Case Argued in 5th Circuit Ballot Access News (link)
On November 4, the 5th circuit heard arguments in Moore v Hosemann, 09-60272, the case that arose in 2008 when presidential elector declarations of candidacy for Brian Moore were turned in to the Mississippi Secretary of State at 5:10 p.m. The office was still open, but the Secretary of State said they were ten minutes too late. Brian Moore was the Socialist Party presidential candidate, although in Mississippi he had been nominated by the Natural Law Party, a ballot-qualified party. Mississippi election laws do specify that 5 p.m. is the deadline for many other kinds of paperwork, but says nothing about 5 p.m. for anything concerning presidential elections. The Mississippi Secretary of State said he had his own regulation about that, but Article II of the U.S. Constitution says only state legislatures can write election procedures concerning presidential electors.
Judge Edith Jones seemed unsympathetic, but she might have been playing devils’ advocate. Judge Harold DeMoss seemed very interested in the case and asked tough questions for both sides. Judge Jerry Smith only asked about whether the case is moot.
New Jersey Democrat Challenges Socialist Party Petition
New Jersey Democrat Challenges Socialist Party Petition Ballot Access News (link)
The Socialist Party's only candidate for the legislature in New Jersey this year has been removed from the November 2009 ballot, even though he submitted 150 signatures to meet a requirement of 100 signatures. Tino Rozzo had been running in Assembly District One, in the southern tip of New Jersey. Signatures are presumed to be valid unless a challenge is filed. Rozzo's petition was challenged by a Democratic Party activist. New Jersey elects its Assemblymembers every two years. In the last election in this district, in 2007, there had been no minor party or independent candidates. Each district elects two members. The 2007 vote had been: Democrats 27,420 and 23,978; Republicans 22,075 and 21,489.
Rozzo last ran for this seat in 2003, when he received 770 votes. Rozzo did not fight the recent challenge to his petition, and will instead be the Socialist Party's candidate for Lieutenant Governor. Under a new procedure in New Jersey, each gubernatorial candidate during July must choose a Lieutenant Governor running mate. The gubernatorial candidates of the Democratic, Republican, and Libertarian Parties, still have not chosen their Lieutenant Governor candidates.
This Oklahoma Gazette article on ballot access quotes a Common Cause official saying that, "the Socialists were the second-biggest party in Oklahoma for a while".
Richard Winger of Ballot Access News says this is an exaggeration, but he adds: "The Socialist Party got 20.8% of the gubernatorial vote in 1914", and "after the 1914 election, the Socialist Party had 6 state legislators in Oklahoma", compared to 22 Republicans.
Even if we weren't the second-largest party in the past, you can help make us the largest in the future!
Brian Moore Files 5th Circuit Brief Against Mississippi Ballot Access News (link)
On June 8, Brian Moore, the 2008 Socialist Party presidential nominee, filed his brief in Moore v Hosemann, 09-60272, in the 5th circuit. The issue is whether the Secretary of State should have accepted the paperwork to put Moore on the ballot last year. Mississippi election laws generally specifiy that certain paperwork is due by 5 p.m. of the deadline day. However, the law does not set a time deadline for paperwork involving presidential elector candidates; the law merely says the deadline is 60 days before the general election. Therefore, a neutral person would probably maintain that papers delivered on the deadline day are timely, if filed on the evening of that day. If it is impractical for a state office to remain open past 5 p.m., a reasonable state office would probably accept paperwork by the start of business on the next day, if the paperwork had been shoved under the door during the night. However, the Secretary of State did not accept the paperwork, which arrived at 5:10 p.m. on the deadline. The Moore lawsuit argues that the Secretary of State was wrong. It also argues that, in any event, the U.S. Constitution requires that state legislatures set the rules for presidential elections, and that the Secretary of State had no authority to administratively set a 5 p.m. deadline when the legislature itself had not done so.
It may seem that the practical significance of this lawsuit is small. On the other hand, this type of dispute is surprisingly common. Paperwork for candidates is frequently filed in the last hour on the deadline day, and there have been many legal disputes over whether or not the paperwork was submitted barely in time, or barely out of time.