November 4, 1999
Election law changes source of dispute
Democratic party wants to keep petition penalty
by Karin Fischer, Charleston Daily Mail
The Democratic Party today asked Kanawha Circuit Judge Herman Canaday to prevent a third-party candidate from altering the state's voting laws.
Mountain Party gubernatorial candidate Denise Giardina argues that when the Legislature removed a penalty for signing third party petitions, it, by extension, removed the prohibition.
Third-party candidates ask voters to sign petitions so the candidates can collect enough signatures to get on the ballot.
Secretary of State Ken Hechler, the state's chief elections officer, agrees with Giardina's position.
State Democratic Party officials have filed to intervene in Giardina's lawsuit. They say the prohibition clearly remains in the law.
But Democratic Party Chairman Pat Maroney said today Giardina's argument would allow some people to vote twice.
"That's the whole heart of this case," Maroney said. "They want people to be able to vote twice in an election."
Maroney said lawmakers never discussed eliminating the prohibition against signing a petition and voting in a primary.
Lawmakers who served on a committee to overhaul the state's election law have said they only meant to discard the criminal penalty.
Attorney Jason Huber arguing for Giardina said it doesn't matter what the legislators' original intent is.
"Sometimes the affect of the amendment is not what a particular senator intended," Huber said.
Instead, Huber said, the affect "can be seen in the clear language."
Huber said it makes no sense to have a prohibition without a penalty.
"It's absurd to believe something is unlawful if there's no penalty," Huber said.
Two Democratic elected officials, Senate Finance Chairman Oshel Craigo and Sen. Robert Dittmar, have signed Giardina's petition.
While the Democrats intervened in the lawsuit, state Republican Chairman David Tyson said he backs Giardina's suit, although the Republican Party did not file a legal brief in support.
Vince George, who is running Giardina's campaign and joins her in the lawsuit, said Democrats are "scared of her getting on the ballot -- or any credible candidate."
George calls the Democratic Party move "anti-democratic."
"They're trying to keep a fellow citizen off the ballot," George said. "It's a slap in the face of every single registered voter in the state."
Canady has yet to issue a ruling in the case.
Giardina said she was disappointed by the delay. "That means at least two weeks, maybe more before we can be freed from the need to lie to people," she said.
Published in the November 4th edition of the Charleston Daily Mail
Back to Top
