Friday, May 11, 2018

Libertarians' ballot access suit wastes state resources, Delaware DOJ claims

Delaware DOJ Calls Validating Libertarian Ballot Access "Waste" of State Resources - Barry Donegan, Truth in Media:

May 10, 2018 - "The 1600 registered member strong Libertarian Party of Delaware has legally obtained ballot access, but is struggling to get the State of Delaware to recognize it as a legitimate political party. Delaware election officials claim that, due to a dispute between a small splinter group of members that coalesced around a political party with a similar name and the larger Libertarian Party of Delaware, they are having a difficult time figuring out which party should be listed on the ballot.

"Delaware State News notes that the party filed a Superior Court complaint in April against the state’s election commissioner in an effort to force officials to acknowledge in writing that the party is ballot-qualified....

"At the Libertarian Party of Delaware’s March 24 state convention, it nominated Nadine Frost as its candidate for U.S. Senate and filed paperwork with the Department of Elections to submit her for inclusion on the ballot. Initially, officials did not respond to the filing, but after the Libertarian Party of Delaware filed a lawsuit, she was listed on the ballot, meaning that the state has already acknowledged a candidate from the party’s nominating convention....

"However, despite the facts that the national Libertarian Party acknowledges only the Libertarian Party of Delaware, the state has already acknowledged one of its candidates, and the Libertarian Party of Delaware Inc. is exponentially smaller and distinctly different, state election commissioner Elaine Manlove said, 'I don’t know who gets to claim [Libertarian registered voters] at this point'....

"Deputy Attorney General Robert Willard issued a written response from the Department of Justice addressing the Libertarian Party of Delaware’s court complaint ... saying that their request has been rendered 'moot' by the fact that the state has acknowledged one of its candidates....

"'Your refusal to dismiss your complaint is not appropriate under any conceivable legal standard and will result in the needless waste of precious state resources. We again request that your complaint be dismissed without further delay. To the extent the state is required to respond to your complaint, we reserve the right to seek counsel fees and any other appropriate relief,' wrote ... Willard.

"McVay says written acknowledgement is important in ensuring that future candidates get the ballot access that they legally deserve without having to resort to lawsuits. 'We can’t afford to go through this every election".... He added, 'They’re well aware that they could settle this easily. Especially since we asked them nicely to do that without a lawsuit back in mid-February. It should be a statement of obvious fact that requires no resources whatsoever.'"

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