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State Ballot Access Restrictions Challenged
September 10, 1999
CHARLESTON, WV-Denise Giardina, who is seeking a spot on the ballot as an independent candidate for governor, has filed suit to challenge the state's ballot access procedures.
"We need to clear up misunderstandings about the process of nominating an independent candidate," Giardina said. "Many people believe if they sign a petition to get my name on the ballot they will lose their right to vote in the primary election. The purpose of the lawsuit is to clarify this issue."
Attorney Jason Huber contended, "Based on a plain reading of the current statue, and considering the legislative history on this issue, it is clear that the law as amended removes all obstacles which had previously prohibited individuals from signing a petition and voting in the primary." Huber filed the ballot access lawsuit Monday, September 13 in Kanawha County circuit court on behalf of Giardina and three other plaintiffs. Secretary of State Ken Hechler is named as a defendant in the lawsuit.
At one time, West Virginia had the nation's most restrictive ballot access laws. People who signed petitions for Independent candidates were not allowed to vote in primary elections. In the lawsuit, Giardina contends that past legislatures did away with such vote forfeitures and removed criminal penalties for people who signed petitions and then voted in the primaries. Even while the law was on the books, it was never enforced. But language remained in the law that required petitioners to tell potential signers they were giving up voting rights.
According to Giardina, "The current situation is discouraging to independent candidates and to voters who want to exercise their First Amendment right to petition the government. A victory in court on this issue would be a tremendous victory for all West Virginians. This will make it much easier for independent and third party candidates to run for office, and that in turn will open up the political process in the state."
Giardina is seeking a spot on the gubernatorial ballot under the banner of the Mountain Party. Giardina hopes her campaign will help establish the new party.
For more information on Giardina's campaign or the Mountain Party, call Vince George at 304-291-2515, or e-mail denise@deniseforgov.org. Information is available on line at www.deniseforgov.org.
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