Third parties file suit

GREEN PARTY OF PENNSYLVANIA
http://www.gpofpa.org

The Green Party of Pennsylvania is party to a lawsuit that was filed recently by the Center for Competitive Democracy (CCD), a non-partisan, non-profit 501(c)(3) legal advocacy group. The suit, filed in federal District Court for the Eastern District of Pennsylvania on behalf of the Constitution, Green and Libertarian Parties of Pennsylvania, challenges the constitutionality of the Pennsylvania Election Code provisions that authorize courts to order candidates to pay litigation costs and fees to private parties who challenge their nomination petitions. In recent years, these fees have amounted to more $80,000 for the crime of doing no more than trying to run for public office.

In 2006, Carl Romanelli, the Green Party Senatorial candidate, submitted over 100,000 signatures to get on the ballot (just over 67,000 signature were required). The Democratic Party challenged the signatures, and after a 7-week battle, chipped away at the Green Party signatures with technicality after technicality. The result: Romanelli is off the ballot and is fined $80,000 in court costs for the privilege of trying to win the fight.

"You shouldn't have to risk house and home to run for office in Pennsylvania," said Hillary Kane, Chair of the Green Party of Pennsylvania.

A similar scenario left Independent candidate Ralph Nader and running mate Peter Miguel Camejo with more than $80,000 in fees from their 2004 Presidential run.

"Taxing costs and fees against minor party candidates who defend themselves in ballot access challenges is similar to charging voters a poll tax, because both practices deter participation in the political process," said CCD legal counsel Oliver Hall. "Furthermore, because Pennsylvania elections officials don't bother to count write-in votes, minor party parties are being completely frozen out of the electoral system."

The lawsuit also seeks to require elections officials to count and certify write-in votes as required by the election code.

"This case is fundamental to pave the way for all Pennsylvanian's right to run for elected office without political harassment" remarked Steve Baker of the York County Green Party.

The lawsuit was filed pursuant to 42 U.S.C. § 1983, the federal civil rights statute, and seeks declaratory and injunctive relief to guarantee the rights of minor party candidates and voters to participate in Pennsylvania's elections.

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 petitions 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 petitions, 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. Minor party candidates cannot gain ballot access in Pennsylvania, however, unless they submit nomination petitions.

"Independents and minor party candidates currently have two options to run for public office in Pennsylvania," said Mr. Hall. "Either they submit nomination petitions, and risk incurring tens of thousands of dollars in litigation costs, or they run as write-in candidates, and risk disenfranchising their voter-supporters."

Constitution Party of Pennsylvania, et al. v. Cortes, et al. has been assigned to the Honorable Judge Lawrence F. Stengel.