CHARLESTON, WV- Independent gubernatorial candidate Denise Giardina today expressed "great disappointment at the failure of Judge Herman Canady to recognize the unfairness of West Virginia's ballot access law."
On Jan. 3, Canady agreed that "a voter may not be held criminally responsible for both signing a nomination certificate (petition) and voting in a primary." But he went on to rule that "The canvasser received no such waiver, and is under an affirmative duty to inform a voter that his vote in the primary is forfeit if he signs a certificate of nomination?even if the statute were ambiguous, the duty upon the canvasser, which the Plaintiff seeks to have removed, would survive."
In response to Canady's decision, Giardina said, "This ruling flies in the face of common sense. The judge mentions the 'First Amendment right against forced speech,' yet continues to require us to lie to people who might sign our petitions. He acknowledges that the legislature's bill is 'flawed' and its provisions 'in conflict' but claims 'the sections are not ambiguous.' He agrees that there is no penalty for signing a petition and voting in the primary yet he finds that such a vote is forfeit."
West Virginia's ballot access laws have been judged the most restrictive in the nation by national election reform groups. According to Giardina, the ruling means that "West Virginia will continue to have the most backward and undemocratic ballot access laws in the country."
The 1999 Legislature removed the penalty for signing a petition and voting in the primary, but left intact the requirement that petitioners tell people they weren't supposed to vote. Giardina had asked relief from this requirement, but Canady refused to remove it.
Giardina blamed the intervention of the State Democratic Executive Committee for Canady's decision. "Unfortunately the judge seems to have responded to political pressure. This is just one more symptom of the corruption of the body politic in West Virginia. When you have a one-party system, you can expect nothing more."
She added, "The people of West Virginia should ask themselves two questions. First, why is the Democratic Party so opposed to people voting? And second, why is the Democratic Party so afraid of my candidacy? Could it be because I am challenging the political corruption which has run this state into the ground over the last fifty years?"
Trying to make sense of a nonsensical situation, Giardina explained, "In effect, we continue to be required to lie to the public. This is personally and practically onerous to me and my petitioners. But I intend to be on the general election ballot in November and I intend to speak the truth to those who would deny the people of this state their democratic rights."
For more information on Giardina's campaign, call Denise Giardina at 304-346-4315 or the Mountain Party at 304-937-3022. Or visit www.deniseforgov.org.
