No Depth Too Low

Data points continue to accrue around the proposition that there is no depth to which Republicans will not stoop to fix the upcoming elections.

Independent presidential candidate Ralph Nader's name can appear on Florida ballots for the election, despite a court order to the contrary....
Read the full story ("Florida OK's Nader's Name on Election Ballot") on Reuters, then try to imagine a universe in which the actions of Florida Division of Elections director Dawn Roberts are in any manner legitimate.

Posted on Sep 14, 2004

Comments

Did you see The Daily Show's bit about the Republican-sympathizing group that is actively working to get Nader on as many state ballots as possible? If that doesn't say something to Nader voters, I don't know what will.

Posted by Peter Hentges | Wednesday, 15 Sep 2004 at 1:31 AM

Sure they're *trying* to make it happen, but the Florida Supreme Court will look at the obvious abuse (the Reform Party is clearly no longer viable) and stop their flouting of the law. I find it encouraging that people are catching them in their evil schemes before they actually get away with them this time around.

Still, it does reek of sorry desperation. I mean, your guy is ahead in the polls but you still have to pull this shit? They must know the polls are bullshit or know something bad is coming soon.

I wonder what.

Posted by Jim Beecher | Wednesday, 15 Sep 2004 at 10:02 AM

I saw that, and have read about it in other news sources as well. That doesn't bother me so much because it's a legitimate gaming of the system. That is to say, it's legal.

This Florida case directly contravenes a court order stipulating that Nader should not appear on the state ballot. Essentially, the Republicans failed by legitimate means to get Nader on the Florida ballot, but they're going to put him on there anyway.

Posted by Jeff | Wednesday, 15 Sep 2004 at 10:03 AM

you think that's bad, at least it's out in the open....

http://newyorker.com/fact/content/?040920fa_fact

Posted by dale | Wednesday, 15 Sep 2004 at 12:34 PM

Well, I'm not sure if I ought to jump in on this, but I will.

Thus far, it appears to me that the actions of the Florida officials are OK, even if the motives are a bit suspect.

It appears that the Florida judge issued a temporary injunction. The Florida officials then appealed the judge's temporary injunction, which apparently stays the judge's temporary injunction. Today, maybe just this afternoon, the Florida judge has overrode the stay.

This all routine for a temporary injunction proceeding, in which both parties likely have an interest in an immediate result. To place in everyday terms, if you begin to build a fence at your home, your neighbor might ask for a temporary injunction (which means stop building the fence now). If the judge grants the temporary injunction and you think the judge is wrong, you want a means to try to continue building the fence - that's what the stay does. But, the judge generally gets the right to deny any stay (usually, a clear signal that you will not convince that judge).

If I were advising the Florida election officials, I would have advised them to do just what they did - election officials should generally favor ballot access. If I were the Florida judge, I would have done just what he did - I'm not issuing a temporary injunction barring a candidate unless I am convinced the candidate does not belong on the ballot and, once I do issue a temporary injunction, we are not going to stay the injunction pending further proceedings. Thus far, it appears that the process is working.

Now, I am not an expert in Florida law, but it seems likely that, if the Florida state officials continue to place Ralph Nader on the ballot after today's ruling, then they would be acting beyond the extent of the law. Generally, once you get a temporary injunction, have sought a stay, and the judge has refused to go along, that's it - you are stuck with whatever situation the judge has frozen in place until there is a final resolution. But, to this point, it appears that the Florida state officials have acted within the bounds of the law.

I must point out that these actions do not seem to be limited to Republicans (to the extent that the actions of officials in an apparently still-messed-up Florida election system may represent Republicans in general). See http://news.statesmanjournal.com/article.cfm?i=86438, which reports on a reverse situation in Oregon, where Democratic state officials trying to keep Ralph Nader off the ballot have been overruled by a state judge.

Posted by Steve Anderson | Wednesday, 15 Sep 2004 at 3:06 PM




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