Libertarian Party joins lawsuit challenging PA Election Code

Lawsuit filed to protect electoral process and secure voters’ rights

Libertarian Party of Pennsylvania
3915 Union Deposit Road #223
Harrisburg, PA 17109
www.lppa.org

For Immediate Release: May 5, 2009

Contact: Doug Leard (Media Relations) at Media-Relations@lppa.org or
Michael Robertson (Chair) at 1-800-R-RIGHTS / chair@lppa.org

Harrisburg, PA – On behalf of the Libertarian, Constitution and Green Parties of Pennsylvania, the Center for Competitive Democracy (CCD), a non-partisan,
non-profit 501(c)(3) legal advocacy group(http://www.competitivedemocracy.org/) has filed suit in federal District Court challenging the constitutionality of the Pennsylvania Election Code.

The lawsuit specifically challenges provisions that authorize courts to order candidates to pay litigation costs and fees to private parties who challenge their nomination papers. The lawsuit also seeks to require elections officials to count and certify write-in votes as required by the election code.

“Making minor party candidates pay the costs of validating their nomination papers while using public funds to subsidize the major party nomination process makes a mockery of the constitutional guarantee of equal protection,” said Mik Robertson, Chair of the Libertarian Party of Pennsylvania. “The interest of the government is to secure voters’ rights to choose their elected representatives, not limit those choices.”

The lawsuit, Constitution Party of Pennsylvania, et al. v. Cortes, et al., No. 09-1961, was filed in response to a judgment ordering a 2006 Green Party candidate to pay more than $80,000 in litigation costs to private parties who challenged his nomination papers, and by Pennsylvania elections officials’ routine failure to count write-in votes.

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 papers 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 papers, 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. In Pennsylvania, however, these candidates cannot gain ballot access unless they submit nomination papers..

Constitution Party of Pennsylvania, et al. v. Cortes, et al. has been assigned to Judge Thomas Golden. CCD is expected to file a motion this week for preliminary injunction to suspend the fees already assessed pending the outcome of the action.

The Libertarian Party is the third largest political party in Pennsylvania and the United States. More than 200,000 people across the country are registered Libertarians, and Libertarians serve in hundreds of elected offices. Please visit www.LP.org or www.LPPA.org for more information.

This is very important stuff.

I went before a judge in Harrisburg in 2006, the same time that this was unfolding in another court room. It happened to me too.

As the judge entered the court room, there was the order, "All rise..." I did. But, I never sat down.

"Your honor, ..." I asked without delay. My list was with a handful of points, each taken in turn. One was to this exact measure.

I wanted to have the assurances from the judge, a guarantee of sorts, before we took another step, that I would not be punished and penalized for defending my rights to be on the ballot. I wanted to know if the judge was going to give me a bill or order court costs to be paid by me. I wanted that intimidation to be removed from the realm of the possibility.

The judge said "No." He would not rule that out as an outcome.

So, the PA judge could both toss me off the ballot and pick an amount for a fine to slap upon me as well. My liabilities were great.

In the other matters, I too was at a great disadvantage. I was on thin ice, to say the least. Every one of my requests were denied.

So, I entered into evidence the papers that were served to me with the proof that the PA Senator's office, District 42, was used in connection of this political case of the highest political gain. The papers had the fax number of the PA Senator's office on them -- clearly an ethical violation from Senator Wayne Fontana and/or his office staffers. Then, after that evidence was booked by the clerk, I got a final bit of clarification and then told the judge that I would not be seeking a continuation of the proceedings as it was most prudent to pull my name from the ballot.

As a tip for all elected officials: Don't use your public office for political gain. That's what got Jeff Habay into jail.

Sports questions are sure to be asked of school board candidates

Wednesday May 6, 2009, at 7pm, Pgh Public Schools Board Candidates Forum at Chatham University's Eddy Theater (Woodland Rd) include a topic I'm excited about.

How much should diversity factory into further school restructuring?

What do these candidates think about consolidating high school athletics, the City League with the Western PA Interscholastic Athletic Association?

There are plenty of folks who think as I do about this issue.

People move out of the city because of what happens and what does NOT happen in the schools in afternoons, evenings, nights, weekends and summers.

Today we'll be going to South Side's Cupples Stadium for the boys track meet for kids in grades 4 and 5. Thursday is the girls meet. This is one of the few times each year my son gets to use the field and track in a facility just two blocks from our house. The stadium, the field, the track is closed to us except as spectators (and then it is without season tickets and other community engagement opportunities) for the other 363 days a year.

Friday the school will have a field day. That is the second and last time he'll get to be there unless he becomes a varsity athlete for soccer (just championships) or football (over my dead body). And, the cheerleaders and band get to use the field too.

The practice at the sites of WPIAL fields is much different. Generally, senior citizens walk the track at these fields even when school is in session. Not in the city, however.

PPS School sports need a major overhaul, urgently. Then we can talk about keeping families in the city.

From china - bike

History & Happy May 5th

Heavy, or, not? You decide.

Most people don't know that back in 1912, Hellmann's mayonnaise was manufactured in England. In fact, the Titanic was carrying 80,000 jars of the condiment including 12,000 jars scheduled for delivery in Vera Cruz, Mexico, which was to be the next port of call for the great ship after its stop in New York.

This would have been the largest single shipment of mayonnaise ever delivered to Mexico. But as we know, the great ship did not make it to New York. The ship hit an iceberg and sank, and the cargo was forever lost.

The people of Mexico, who were crazy about mayonnaise, and were eagerly awaiting its delivery, were disconsolate at the loss. Their anguish was so great, that they declared a National Day of Mourning, which they still observe to this day.

The National Day of Mourning occurs each year on May 5th and is known, of course, as Sinko de Mayo.

Meet school board candidates

The seat for Pittsburgh Public Schools, district 1, is open because Randall Taylor is not seeking re-election. Hence, one of these three folks is sure to win the primary in the D and R races.

League of Women Voters launches candidate site

League of Women Voters launches candidate site: "Candidates for office can get their message online free of charge, and voters can bone up before the May 19 primaries, on the League of Women Voters' new SmartVoter Web site."

Visitor to Pittsburgh and last to begin the Pittsburgh Marathon

Titusville, PA, native, Penn State Undergrad, rugby player, lawyer. Girl chaser, race director, traveler, fund-raiser, clerk for judge, one-time newbie runner, book author.

The audio in the convention center isn't great. Sorry.

Parks are in the news again

Great. We're talking about county parks again. Not since the killing of geese has parks been such a talking point.

Goddard State Park's gas wells may be first of hundreds: "Goddard State Park's gas wells may be first of hundreds
Where mineral rights are privately owned, Pennsylvania officials can't prevent drilling"

Meanwhile, coaching, raising our kids, learning how to play well with others, teaching, fitness and family time are in the back seat -- if considered at all.

An Audit of the Federal Reserve is pending. Perhaps Lamb should run for the US Senate afterall.

As we reflect on President Obama's first 100 days in office, the hundreds of billions of dollars in taxpayer bailouts of Wall Street and the just passed budget, a staggering $3.4 trillion boondoggle, I wanted to share some good news with you.

As I write, H.R. 1207, my bill to audit the Federal Reserve, currently has 110 cosponsors in the House of Representatives. This piece of legislation is perhaps the most important of my career, and I thank you for your continued support in sending me back to Congress to fight for it.

A broad coalition of Representatives has joined with me in supporting your right to transparency at the Fed. For example, Rep. Tom Price (GA), head of the conservative Republican Study Committee, and Rep. Lynn Woolsey (CA), former head of the liberal Progressive Caucus, have both cosponsored the bill. Americans from all over the political spectrum are demanding an audit of the Federal Reserve. And with good reason!

Since its inception, the Federal Reserve has operated without sufficient transparency or accountability to the American people. In fact, current law specifically excludes the Fed from audit or real congressional oversight. No government agency has such an utter lack of sunshine.

The Federal Reserve has created and dispersed trillions of dollars in response to our current financial crisis. Of course, I am among the most outspoken critics of the bailouts, but Americans across the nation, regardless of their opinion of the TARP program, want to know where that money has gone and exactly how much has been spent.

H.R. 1207 will open up the Fed's funding facilities, such as the Primary Dealer Credit Facility, Term Securities Lending Facility, and Term Asset-Backed Securities Lending Facility to Congressional oversight.

Additionally, audits could include discount window operations, open market operations, and agreements with foreign central banks, such as the ongoing dollar swap operations with European central banks.

By opening all Fed operations to a GAO audit and calling for such an audit to be completed by the end of 2010, the H.R. 1207 would achieve much-needed transparency of the Federal Reserve.

Times are tough, and we continue to hear a stream of bad news. But I will continue to stand up for you in Congress and fight for our American traditions, to protect our Liberty and for an Audit of the Federal Reserve.

Thank you again for your support. I could not continue my fight without you.

In Liberty,

Ron Paul

Excellence for All meeting with Mark Roosevelt

Parents meet with PPS' Mark Roosevelt, earlier this week.

The big topic seemed to be summers. New data shows that kids from different economic conditions have different levels of academic progress throghout the summer months. The children from the poorer settings slip in terms of schooling progress, ending the summer behind in benchmarks from the end of the prior school year. Meanwhile, other kids (with more wealth) with stronger enrichment opportunities still continue to grow in those benchmarks throughout the weeks of the summer.

Go figure.

Last summer, for instance, I took my boys to China and we soaked up the Olympics. Here is Grant in a Beijing sports store that simulates the Water Cube. Before we departed for our summer vacation, we spent two hours a day for two months crafting and editing wiki pages on the various athletes and countries with my Olympicpedia Cyber Camp at a commercial computer lab / cafe.

Go figure again.

From Beijing - sports play

The meeting was held at Frick Middle School:

Ammon Rec Center in The Hill District, re-opens after $600,000 spruce up

A for Ammon! P-G coverage.


They had a party, rally, ribbon-cutting of sorts with sporting superstars and politicians this week up in The Hill District, home of Ammon Rec Center.



They painted the place, put in a new floor, got weight equipment (so I understand). It does look good.

The "A" on the old floor, shown above, is used as a graphic on my wiki, "A for Athlete." The new "A" is blue -- and it had a carpet and podium covering part of it -- so I can't make a simple contrast.

The line up of superstars was long. The men and women were all great athletes -- and still are in the case of #45, D. Blair. However, they all have had a rich life in terms of being helpful to others in recreational and sports leadership. Many are teachers and coaches. All had wild stories.

The program was long. The sound was bad. But, here it is from my camera.



Of interest was the women speaker who said that sports are a way to get a college scholarship and a means to an end. She stressed over and over, "Earn your degree." (at :51.37) Next to speak was All American hooper, #45, Pitt sophomore, D. Blair. He is pulling out of college early, without his degree, to play in the NBA. Was there an exception to her rule and mantra?

Deep into the program, after about a 30-minute introduction, hear from Pitt's coach, Jamie Dixon. My gosh, that was the longest intro ever.

At the end, #45 speaks too.

I hope that Citiparks got good photos of the clebs and had a better sound source for the podium. It might run on cable TV too. That would be nice.

We love the Ozanam Program.

From Public Art

From Public Art

One of the big new attractions of the fix-up is yet to hit home, pun intended. The baseball field is getting a make over too. The Josh Gibson Foundation helped pay for the re-investment.

The swim pool is a gem as well. It is a 50-meter tank, and only the 2nd in the city. I swam there a few times last summer. More programs there, with my help, are very possible. Time will tell.

From Public Art

Speaking of multi-sport and basketball, check out this playground in Amsterdam. The basketball hoop is built upon the framework of soccer goals. To be sure, those are not regulation soccer goals, but rather team handball goals. Clever.

In China, we saw lots of kids with basketballs and lots of courts. Notice the kids on the bike have a basketball in a bike basket. (Click for a larger image.)

From china - bike

From Mark Rauterkus & Running Mates ponder current events

Courts outside of a university campus. Wonder where the kids at Pitt and CMU and DU go to play basketball? Are there any playgrounds for them to hoop in the open air? Or, is their only option a trip to the food court and ride the merry-go-round?

Our city playground nearest to my home looks like this:

From playground - usa

The problem is routine maintence. They need to spend $600,000 on a total face lift as the facilities are left to weather year after year.

The Ammon situation is a bit different. That rec center was closed by Tom Murphy, when he was mayor. They all closed for some period. Then Ammond would be turned over to a next-door church to operate for a number of years. But, the church is more into saving souls and less into saving sports facilities -- so the facility was given back to the city. Hence, the re-opening and urgent needs to fix up.

I love this image from Beijing 2008 and Adidas. It shows the sports hero, a women basketball player, running in for a lay-up and the people of China are there for support -- holding her up higher and being the support for the hoop as well.

From Mark Rauterkus & Running Mates ponder current events

ACORN, Maryellen Hayden, speak about forclosures

I'm not able to make heads or tails out of these two rants from ACORN delivered to City Council this week.

I do understand that stonewalling is a huge problem in the city. I hate it when people don't call you back. I hate it when the public officials lack simple curtosy.



If anyone can explain the plan from ACORN, then I'd like to know. Use the comments below.

We need -- and we all should want -- assessment buffering

I posted this message in a thread at Bram's blog about the property tax mess.

First the conflict: It was stated by a respected guru of sorts, in part: "IMHO, only the most mild form of buffering would pass judicial muster based on this ruling." Then it was stated by the same person, later, in part: "I think any form of buffering is made pretty difficult if not impossible by this ruling."

Bingo.

The perfect buffering method would work -- citizen appeal, political will and power, court blessing and constitution adjustments.

With assessment buffering, no property owners are ever left in the past -- as is always the case with a base year method.

I understand that the fight to gain the assessment buffering option for counties is big / "difficult" -- but it is much more simple and productive than the boondogle Onrato (mainly, recently) has planted for everyone for years.

The assessment buffering solution has one objection of the 'It can't be done' flavor / done deal / shoot the messenger flavor.

The 1, 2, 3, 4% solution is far different. When a property is 200-percent or 300-percent off the mark, it would take a lifetime to get to what is fair, even with 4% increases.

With assessment buffering done well, and much different than that other hokie keep the rich richer hoodwink attempt, all properties are spot in in 3 years. Math = 1/3 of difference each year for 3 years.

Technical Content to various reforms before City Council

Thanks to City Council staffer, Dan Gillman: Note that some of the amendments have been changed. These are how we introduced them.

01 15 09 Mayors Proposal AMENDED.doc viewable at: http://docs.google.com/Doc?id=ddznxj6h_628f469rtgr

Peduto amendments: viewable at: http://docs.google.com/Doc?id=ddznxj6h_629hnmb2kdh

No bid contracting legislation: viewable at: http://docs.google.com/Doc?id=ddznxj6h_630kbfmp3hq

Lobbyist legislation for City of Pittsburgh: viewable at: http://docs.google.com/Doc?id=ddznxj6h_631hfzmnrfv

Contact Lobbyist Disclosure Act: viewable at: http://docs.google.com/Doc?id=ddznxj6h_632hs8j5gg8

FAQ for all reform bills: publicly viewable at: http://docs.google.com/Doc?id=ddznxj6h_633d8rs68fb

---

Campaign Finance Reform FAQs

Q) If I am running for City Council, how large a donation can I accept from an individual or a PAC?
A) You can accept $1,000 in the primary and another $1,000 in the general election from an individual. You can accept $2,000 in the primary and another $2,000 in the general election from a PAC.

Q) If I am running for Mayor or Controller, how large a donation can I accept from an individual or a PAC?
A) You can accept $2,000 in the primary and another $2,000 in the general election from an individual. You can accept $4,000 in the primary and another $4,000 in the general election from a PAC.

Q) Do these limits apply to me if I run for countywide office, statewide office, or a judicial position?
A) No. These limits only apply to people running for City Council, Mayor, or Controller.

Q) What happens if a wealth individual runs in the campaign against me?
A) If a person declares that they will spend more than $50,000 of their own money in the race, than your limits are doubled.

Q) What information will the online database contain?
A) The City Controller will maintain an online database that contains all campaign contributions as well as all contracts awarded by the City, all TIF’s approved by City Council, and all other applications of public dollars approved by City Council.
No Bid Contracts Reform FAQs

Q) Does this mean the lowest bidder automatically gets the bid?
A) No, the lowest responsible bidder wins the bid. Responsibility can include previous experience working with the City, expertise, etc.

Q) Do all contracts have to be bid?
A) No, a contract valued at under $30,000 does not need to be competitively bid.

Q) What about professional services that are specialized like engineers, architects, and lawyers? Will this reduce the quality of services we receive?
A) No, RFPs can include specific criteria so that the best specialized professional services can be received at best price.

Lobbyist Registration FAQs

Who qualifies as a lobbyist?
Anyone who spends more than 30 hours in any consecutive three-month period, with at least one direct communication with a City official or employee, for the purpose of attempting to influence municipal legislation on behalf of any other person.

Q) Are there exceptions to this?
A) Yes. Anyone who is not paid, but just volunteers time for a cause is not required to register. Also, any public official does not have to register.

Q) What does it mean to register?
A) A lobbyist must annually register with the City Controller and provide details of the company that they work for and the clients they represent.

Q) Does it cost anything to register?
A) Yes, there is an annual registration fee of $100

Q) What is the punishment for failing to register?
A) A person who knowingly this law can receive civil penalties of up to $2,000. If the court determines that a violation was intentional, the court may order that the defendant be prohibited from acting as a lobbyist.

Q) How does this registration handle nonprofits?
A) People representing non-profits that receive public funds to serve indigent persons are not required to register.
Lobbyist Disclosure FAQs

Q) What is the purpose of this legislation?
A) This legislation requires any company responding to an RFP to publicly disclose in their RFP response whether or not they have paid any fees to cover lobbying, finder’s fees, consultant fees, etc.

Inside Beltway: Tinkering with pending campiagn finance law in Pittsburgh

My letter to City Councilman Bill Peduto, as a result of discussions about the pending campaign finance laws slated for Pittsburgh:

So, the mayor's office is not warm to the idea that those who enter city races with millionaire status are dealt with by a doubling of limits imposed upon others in the race. The mayor wants to NUKE all limits, it seems.

My suggestion is to increase the limits from 2-times to 3-times as a counter offer. Go to 4, 5, and 10 if you must. But, even at 5 times the limit ceiling -- it is much better than NO LIMIT AT ALL.

Finally, I'd love to see all the bills and that FAQ so they can be posted on the web, either my blog or wiki. Can you send me copies of all that apply?

IOC opposes moves to restrict news coverage - More Sports - SI.com

In the title bar to this blog, I call myself a "non-credentialed Olympic photographer." This is an important issue then.

IOC opposes moves to restrict news coverage - More Sports - SI.com: "The International Olympic Committee is concerned that moves to restrict media coverage of sports events will erode free speech, former IOC vice president Kevan Gosper told an Australian Senate hearing Wednesday.

Hey, Australian Cricket dorks, take that bat and put it where the sun doesn't shine -- and upload the photos.

From china - bike

City making plans for Allegheny riverfront

City making plans for Allegheny riverfront: "Toward that end, the city Urban Redevelopment Authority has hired Perkins Eastman to conduct the $350,000 master plan. It intends to hold three community meetings over the next year to gather input.

A 10- to 12-member steering committee that includes representatives from the city, the URA, Riverlife, companies like Buncher, and community organizations will oversee the effort. It will hold its first planning meeting today. An advisory committee also will be formed.

Is this another hand-picked, authority, without minutes, without accountability, without democracy, without spectators?

What's the name of this advisory committee, exactly? I'd like to add it to the list.

It makes me think of the aborted Fifth & Forbes plans for downtown.

And, was there a RFP for the selection of the firm, Perkins Eastman?

Who is on the 'advisory committee?' Names please.

Pittsburgh 'legends' help reopen Hill rec center

Fun.

Pittsburgh 'legends' help reopen Hill rec center: "Some of the greatest names in Pittsburgh basketball history began their careers in some capacity at the Ammon Recreation Center on Bedford Avenue in the Hill District, and yesterday many of them gathered for two reasons -- to be honored as 'Ammon legends' as well as to celebrate the reopening of the historic building.

The building, which had been run by the city of Pittsburgh until 2004, had been kept open by a cooperative effort of a number of groups and spearheaded by Macedonia Baptist Church until last year when a lack of funds forced it to close its doors.

But thanks in large part to the efforts of Pittsburgh Parks and Recreation Director Duane Ashley and Councilwoman Tonya Payne and with the blessing of Mayor Luke Ravenstahl, $200,000 in funding was secured within the budget to remodel the building and open it once again."

Stay tuned, to this blog, for video of the evening's events.

Crime, safety major topics at mayoral forum

Golly. I want to see this quote on tape. Youtube, anyone???

Crime, safety major topics at mayoral forum: "Mr. Dowd said an overnight holding facility is 'not what I would call a great way for the police to get connected to the youth culture in our community.' Rather, the city needs a 'truancy center' to hold youth during the hours immediately after school, when, he said, most student-age crime takes place.

So, Luke Ravenstahl wants to sweep young people without sins into police control just because of the time of night. Meanwhile, Patrick Dowd wants to sweep young people into police custody because of the time of day.

I'm in favor of the police sweeping criminals and evil doers off the streets, day and night, regardless of age. That is where all the attention of the police should be devoted -- and the innocent should be left for others, such as human service providers.

Pittsburgh may begin issuing permits online

Oh my gosh. This is very expensive. Very, very expensive.

Pittsburgh may begin issuing permits online Pittsburgh may begin issuing permits online
Tuesday, April 28, 2009 By Timothy McNulty, Pittsburgh Post-Gazette

City residents and businesses would be able to get zoning permits and other government approvals over the Web -- instead of cutting through bureaucracy Downtown -- under a $1.3 million proposal submitted by the Ravenstahl administration today.

The mayor's office is proposing a contract with San Ramon, Calif., tech firm Accela to provide Web-based permitting for the city. The firm was one of nine bidders for the project, which would take 12-18 months to complete. Council begins debate next week.

Permits should be online. The process should be as easy and effective as ebay too.

However, the cost seem way out of place.

Furthermore, I want to know if this is an open-source application. If it isn't -- I'd reject it fully.

Government should only invest in open-source software solutions.

Running Mates -- Marathoners -- Check in here!

If you're going to run the marathon, relay, half, whatever -- check in with the comments with your name and/or bib number and we'll try to give some extra energy to you along the route.

Mike Sally, fellow dad and South Sider, as well as ex-swimmer, sends along this email:

Hello:

As many of you know, I have been diligently training to participate and finish the 2009 Pittsburgh Marathon. May 3rd is just about here. While this is not my first marathon, its is the first one that I have seriously trained for and set a goal beyond just finishing. I have one more training run left and then its rest is history - a short run on Saturday - and yes - race day!!

It would be great if all of you could support me along the route. While I understand some of you are far away or perhaps are close and have previous engagements, and cannot attend, in any event it would be great for you to get me a shout of encouragement along the route course if you are able to do so.

Thank you for supportiing me during the long winter (for Pittsburgh standards - I understand up north, it was really cold!!) and I look forward to reaching my goal!

See you on May 3rd!!

http://www.pittsburghmarathon.com

Michael Sally

I'm not in the race this year. We've got a major conflict with church that morning and have known about it for nearly a year. Sorry. Perhaps next year.

So, you running? Tell us! Hit the comments here.

Just after mile 11, the Phillips Elem School community is going to provide a water table. East Carson Street will be buzzing -- more so than the uphill stretch of the Birmingham Bridge leading into mile 13 in Oakland.