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Giardina, Mountain Party Ballot Access Case To Be Heard; Democrats Will Seek To Intervene November 1, 1999 Thursday, November 4, 10:30 a.m Kanawha County Circuit Court, Judge Canaday's Chambers Kanawha County Judicial Annex, 111 Court St., Charleston CHARLESTON, WV-On Thursday November 4 at 10:30 a.m. the Kanawha County Circuit Court will hear a "friendly lawsuit" filed by the Denise Giardina for Governor campaign, along with the Secretary of State's office. Charleston attorney Jason Huber filed the lawsuit on behalf of Giardina, the Mountain Party and three individual plaintiffs. In order to get Giardina and the newly forming Mountain Party on the ballot, volunteers must collect nearly 13,000 signatures from West Virginia registered voters. The lawsuit asks that language requiring petitioners to read a warning to potential signers be removed from ballot access petition forms. The warning states that those who sign a petition for an Independent gubernatorial candidate forfeit their right to vote in the next partisan primary election. The West Virginia State Democratic Executive Committee will seek to intervene in the lawsuit, contending that signing a petition for an Independent gubernatorial candidate and then voting in the next primary election is equivalent to voting twice. This year the legislature abolished criminal penalties for people who sign a petition for an Independent gubernatorial candidate and then vote in the next primary election. Even while the law was on the books, it was never enforced. Despite changes in the law, language remains that requires petitioners to tell potential signers they are giving up their voting rights in the next partisan primary election. The lawsuit contends that the legislature apparently forgot to eliminate this language when they were amending the law. The lawsuit also contends that the language compels petitioners to lie to potential signers by telling them that, if they sign, they are forfeiting their right to vote in the next primary election, when in fact they no longer are. "Based on a plain reading of the current statute, 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 next partisan primary election," Huber said. The lawsuit has the potential of opening up West Virginia's restrictive ballot access laws, some of the most restrictive in the nation. Secretary of State Ken Hechler has already issued a press release affirming, "It is important that West Virginians who sign ballot access petitions know that their right to vote in our primary election has been restored." 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." For more information on Giardina's campaign or the Mountain Party, call 304-937-3022 or call Vince George at 304-344-2362 or 304-291-5215. Information is available on line at www.deniseforgov.org. Back to Top