Dear Fellow Libertarians,
I am writing you about an alarming new proposal that may well serve to
eliminate the Green, Libertarian, and other alternative political parties from
the ballot for most major races in Virginia. Take a look at Del. Robert
Orrock's HB 2642:
http://leg1.state.va.us/cgi-bin/legp504.exe?091+sum+HB2642
Pay particular attention to the following clause:
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"... (iii) makes it a Class 1 misdemeanor to pay or receive compensation on a
fee per signature or on a basis related to the number of signatures obtained
for circulating election-related petitions or completing and submitting voter
registration applications; ..."
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Most readers of this list are well aware that those of us who pursue our
beliefs via the third party route already bear a huge ballot-access burden in
order to compete in the political marketplace. We are forced to exhaust
ourselves on petition drives rather than advertising and otherwise introducing
our candidates and ideas to the voters.
It is plenty difficult enough under current law to get on the ballot in
Virginia -- particularly for statewide offices such as governor. One of the
ways we struggle along under current law is by hiring petitioners, paying them
on a per-signature basis to maximize their productivity. It's still an
expensive proposition; so it's not like it isn't already a tough hurdle to
jump. But now, if Orrock's bill passes, the immediate effect will be to simply
eliminate all candidates other than Democrats and Republicans for most major
races.
Perhaps the legislative supporters of HB 2642 believe they are fighting
petitioner fraud in Virginia. However, we are unaware of any recent charges of
petitioner fraud or lying by petitioners in order to coax signatures from
voters. Moreover, it is easy for petition signers to read a petition to
determine exactly what it is for.
HB 2642 will make it far more difficult and expensive for independent and
third-party candidates -- and major party candidates who need to petition for
primaries -- to get on the ballot in Virginia. It will serve only to restrict
electoral choices for the people of Virginia.
Such a prohibition is probably unconstitutional as well. In Citizens for Tax
Reform v Deters, 518 F 3d 375 (2008), the Sixth Circuit US District Court
invalidated an Ohio law prohibiting per-signature petitioner payment. The
decision was later upheld by the United States Court of Appeals.
Libertarians believe there should be fewer restrictions on the right of
citizens to petition their government, not more. Please take a few minutes
right now and contact your legislator about this awful bill. TOMORROW MAY BE
TOO LATE! You can send a message to your Delegate and Senator by going to the
"Who's My Legislator" page:
http://conview.state.va.us/whosmy.nsf/main?openform
Once you enter your address and press 'submit', it will show you your General
Assembly members and provide links to email them directly.
Below is suggested text for you to use in your own email to your state Senator
and Delegate.
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SUBJECT: Please Vote Against Ballot Access Restriction Bill
Dear Delegate/Senator ________________________,
I am writing you today about HB 2642:
http://leg1.state.va.us/cgi-bin/legp504.exe?091+sum+HB2642
HB 2642 will make it far more difficult and expensive for independent and
third-party candidates -- and major-party candidates who need to petition for
primaries -- to get on the ballot in Virginia. It will serve only to restrict
electoral choices for the people of Virginia. I urge you to vote against this
very bad bill.
It is plenty difficult enough under current law to get on the ballot in
Virginia -- particularly for statewide offices such as governor. If Del.
Orrock's bill passes, the immediate effect will be to simply eliminate all
candidates other than Democrats and Republicans for most major races; and it
will thin the primary field even for them.
Perhaps the legislative supporters of HB 2642 believe they are fighting
petitioner fraud in Virginia. But have there even been any recent charges of
petitioner fraud or lying by petitioners in order to coax signatures from
voters? Even if there are, shouldn't we assume voters are smart enough to read
a petition to determine exactly what it is for?
This law may turn out to be unconstitutional as well. In Citizens for Tax
Reform v Deters, 518 F 3d 375 (2008), the Sixth Circuit US District Court
invalidated an Ohio law prohibiting per-signature petitioner payment. The
decision was later upheld by the United States Court of Appeals. The state
should not invite the expense and hassle of lawsuits by passing a law that is
simply unnecessary.
There should be fewer restrictions on the right of citizens to petition their
government, not more. I hope you will take a few moments to consider this
bill, and vote against it.
Sincerely,
____<your name>___
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It's quick and convenient! Remember --
http://conview.state.va.us/whosmy.nsf/main?openform
Once you enter your address and press 'submit', it will show you your General
Assembly members and provide links to email them directly.
Please forward copies of any responses that you receive to:
Marc Montoni <[email protected]> and
Thank you!
Marc Montoni, Secretary
Libertarian Party of Virginia
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Bills -- the stops they make on the way to becoming law:
http://legis.state.va.us/1_cit_guide/HowABill.htm#referred
How A Bill Becomes A Law:
http://legis.state.va.us/1_cit_guide/how_bills.html
-- end --
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Libertarian Party of Virginia
http://www.LPVA.com
Phone: 703-715-6230