Motion to Second Circuit for Expedited Appeal

UNITED STATES COURT OF APPEALS
FOF THE SECOND CIRCUIT

Sam,

  I'm puzzled by your reference to "us long standing Republicans". Aren't you yourself a Libertarian? And Tom Stevens was recently Pennsylvania LP chair. Was he also a Republican at that same time? If not, he obviously isn't a Republican of very long standing. I do understand candidates can't actually run as Libertarians in New York and don't fault you for running under another party label under those circumstances, but is it wise to make this claim to the court?

  Anyway, good luck on the appeal!

Love & Liberty,
                                ((( starchild )))

Dear Starchild,

The Libertarians are not a recognized party in New York State. As far as
the New York Board of Elections is concerned the Libertarian Party does not
exist.

In California the situation is different, where Libertarians are a
recognized political party.

If one wants to run for election in New York and circulate a "Designating
Petition" to run for primary election, one must run under the name of the
one of the six "recognized" political parties.

The only way that the Libertarian Party will ever be recognized by New York
State is we have to get 50,000 votes in a election for Governor. The
Libertarian Party in New York has never been able to do that, in part
because of factional infighting among Libertarians in New York.

Sam Sloan

Sam,

  I'm aware of what you relate below, at least in its broad outlines; I didn't know -- or if I did once know, would not have recalled -- the specific details you cite. I was questioning only the claim in your motion about being "long standing Republicans". The situation you describe with the head of the Bronx GOP does sound like it could use some media if not judicial scrutiny though. Do you think he's actively working with his former party the Democrats to undermine his new party?

Love & Liberty,
                               ((( starchild )))

It was reported in the New York Daily News that after the Chairman of the
Bronx Republican Party Jay Savino and five other political insiders were
arrested by the FBI, that at first Savino refused to resign as party
chairman but after he was pressured by the Republican National Committee he
resigned designating John M. Greaney as his successor.

There is no longer and doubt that John M. Greaney is the man behind the
efforts to kick us off the ballot. Whether he is being directed to do by
Jay Savino I do not know.

We would all appreciate any newspaper publicity you can generate about this
situation.

Sam Sloan

Hi Starchild,

When you said, “I do understand candidates can’t actually run as Libertarians in New York . . .,” it seems your understanding is incorrect.

You can run as a Libertarian candidate in New York, but you have to jump through the arcane and archaic NYS Board of Election rules of getting voters to sign “Nominating Petitions,” (or “Designation Petitions,” as Sam Sloan called them in another post in this thread). The NYS Board of Election determines how many signatures you must submit before you can run as a Libertarian (or any Third Party) Candidate. Of course it would be wise to submit much more than the minimum, else someone could challenge your petitions (usually a Republican operative), and if a handful of invalid signatures is found, then you’re automatically disqualified.

You could the NYSBOE rules here: http://www.elections.ny.gov/NYSBOE/download/law/2012RunningForElectiveOffice.pdf

For the upcoming mayoral race in NYC, the LP had to submit a total of 3500 signatures for city wide offices. It barely submitted over 4,000. And because not enough LP members petitioned, it cost around $2,000 to hire a petitioning contractor to make sure the LP submit enough signatures.

For next year’s NYS gubernatorial race, it’s vital that the LPNY field a candidate with the hope that this candidate get at least 50,000 votes and achieve ballot status for the LPNY. Then petitioning requirements will be less arduous, and for some offices, no petitioning will be required.

You folks in CA are lucky, since, as I understand, the LP CA has ballot status. How did you get this? Did you have to petition voters as we must do in NY?

Talk to you.

Alton

Sam,

I’m puzzled by your reference to “us long standing Republicans”. Aren’t you yourself a Libertarian? And Tom Stevens was recently Pennsylvania LP chair. Was he also a Republican at that same time? If not, he obviously isn’t a Republican of very long standing. I do understand candidates can’t actually run as Libertarians in New York and don’t fault you for running under another party label under those circumstances, but is it wise to make this claim to the court?

Anyway, good luck on the appeal!

Love & Liberty,
((( starchild )))

Hi Alton,

  I think I'm going to let Richard Winger respond to you, if he will, since this kind of stuff is his forté while my own knowledge and interest are distinctly more limited.

Love & Liberty,
                                ((( starchild )))

Sorry, Alton, but it is you who are mistaken.

Here is what the New York Board of Elections website states:

The current political parties are the Democratic, Republican, Conservative,
Working Families, Independence and Green parties. Any person who is not
nominated by one of these parties must file an independent nominating
petition.

http://www.elections.ny.gov/RunningOffice.html

Thus, the Libertarian Party DOES NOT EXIST as far as the New York State
Board of Elections is concerned.

Anybody running for office as the nominee for one of the six recognized
political parties must file a "Designating Petition". Those seeking to run
outside of those parties must file an "Independent Nominating Petition",
which is on a different form at a different time.

Since the Libertarian Party does not exist in New York State, as far as the
Board of Elections is concerned, anybody can say that they are the
Libertarian Party Candidate. Whomever files first gets to use the name.

This almost happened this year. The Mark Axinn version of the Libertarian
Party filed at 9:15 AM on the first day. I know this because I looked at
the petitions. That would have been 15 minutes too late because Kristin
Davis was planning to file her version of the Libertarian Party Nominating
at 9:01 AM. Had she done so, all the Marx Axinn version of the Libertarian
Party candidates would have been knocked off the ballot. They would have
received a letter telling them that they must choose a new name for their
party. Perhaps they could have called it "Joe Blow's Gun Rights Party" but
they could not have used the word Libertarian in any part of their name.

The only thing that saved the Mark Axinn Party from being knocked off the
ballot was that Kristin Davis got arrested for selling prescription drugs
and therefore decided not to run. Otherwise, she would have filed first and
all the Mark Axinn candidates would have been knocked off.

For example, at the most recent hearings for the Board of Elections of the
City of New York, Catsimatidis submitted Independent nominating petitions
for the "Jobs, Jobs, Jobs Party" whereas Joe Lhota submitted petitions for
the "Education First Party". However, that crafty political veteran Aaron
Maslow knowing this submitted petitions for the "Jobs and Education Party".
By submitting his petitions at 9:01 AM, Aaron Maslow knocked the parties
for both Catsimatidis and Lhota off the ballot, unless they chose a
different name for their parties. After submitting petitions for the "Jobs
and Education Party", nobody else was allowed to use the word Jobs or the
word Education in the name of their party.

Even though Tom Stevens and I are both dedicated Libertarians, I ran us
both as Republican Party Candidates because the Libertarian Party does not
exist in New York State and because by running us as Republicans we have
the chance to win the election and very possibly will win if I win my three
court cases to get us back on the ballot.

Sam Sloan

How will you win?

________________________________
From: Sam Sloan <samhsloan@...>
To: LPSF Discussion List <lpsf-discuss@yahoogroups.com>; Thomas Robert Stevens <DrTomStevens@...>; mrjclifton <mrjclifton@yahoo.com>; LPQC <LPQC@yahoogroups.com>; "lpny_discuss@yahoogroups.com" <lpny_discuss@yahoogroups.com>; "proreal1@..." <proreal1@...>; lpkc <lpny_kings@yahoogroups.com>; "manhattanlibertarians@yahoogroups.com" <manhattanlibertarians@yahoogroups.com>; markaxinn <markaxinn@...>; Gary Popkin <garypopkin@...>; samhsloan <samhsloan@...>; lpny_manhattan <lpny_manhattan@yahoogroups.com>; marc romain <marcromain1@gmail.com>; Starchild <sfdreamer@...>
Sent: Thursday, September 19, 2013 9:30 AM
Subject: Re: Re: [lpsf-discuss] Fwd: Motion to Second Circuit for Expedited Appeal

Sorry, Alton, but it is you who are mistaken.

Here is what the New York Board of Elections website states:

The current political parties are the Democratic, Republican,

Conservative, Working Families, Independence and Green parties. Any
person who is not nominated by one of these parties must file an
independent nominating petition.

Even though the most objectionable candidates, namely Weiner, Spitzer, Liu
and Quinn were eliminated by the primaries, there remain Bill de Blasio and
Lhota. Both are easily beatable.

Bill de Blasio is far to the left. Even left of Randy Credico. de Blasio is
basically a communist. Lhota's only "qualification" to run is he is a crony
of Giuliani, the worst mayor and the poorest excuse for a human being ever
to grace City Hall.
I am on the ballot for Mayor as the Candidate for the War Veterans Party.
If I had the money to run an effective campaign I could easily beat both of
them.

Sam Sloan