Proposition C opposition

Activists List
1

Good news -- I just called the Elections Department and they confirmed
that no request for an injunction against our Proposition C argument
was filed prior to the deadline.

Yours in liberty,
        <<< Starchild >>>

Ah, yes, and one more thing. I am as bent out of shape as Jawj is
over the challenge to our Prop C opposition (just that I bear more
responsibility for the LPSF funds), especially since the DOE, as
helpful as they have been, seems to be putting the burden of proof on
us. From California Elections Code SS9295,13313: "A court may amend
or delete a ballot argument only if the voter [challenger]
demonstrates by clear and convincing evidence that the argument is
false, misleading or inconsistent with State and local elections
laws..."

Marcy

--- In lpsf-activists@yahoogroups.com, "Amarcy D. Berry"
<amarcyb@h...> wrote:

Hi Mike,

I support prayer at this point, because in the real world there is
only one realistic option in Starchild's list. Thanks for weighing
in.

Marcy

--- In lpsf-activists@yahoogroups.com, "Mike Denny" <mike@d...>

wrote:

Phil, Starchild and Marcy,

Excellent posts all.

I support a number 4 or a 3 and 4 combo. And another big thanks

to

Jawg

for taking this initiative.

Michael Denny

From: lpsf-activists@yahoogroups.com
[mailto:lpsf-activists@yahoogroups.com] On Behalf Of Starchild
Sent: Sunday, September 04, 2005 8:58 PM
To: lpsf-activists@yahoogroups.com
Subject: [lpsf-activists] Re: Fw: Proposition C opposition

Marcy,

  I'm unclear on what has been decided. Also, assuming that a

vote

has
happened when people may not know exactly what they have

supposedly

voted on is a dangerous procedure.

  As I understand it, the name appearing on the argument is the
Libertarian Party of San Francisco, not Jawg Greenwald. So much

as

we

might like to simply leave it all up to her, the LPSF is the

entity

which would be legally and publicly accountable for whatever
consequences might result from standing by the argument.

  Here are what I believe are our options:

(1) Avoid an injunction by voluntarily withdrawing the whole

argument

before the deadline
(2) Avoid an injunction by voluntarily withdrawing only the part

of

the

argument that was objected to before the deadline
(3) Leave the argument as is and risk an injunction or other

legal

action with the understanding that Jawg and whoever individually

wants

to help would be expected to provide the effort and cover the

costs

of

fighting any such developments
(4) Leave the argument as is and risk an injunction or other

legal

action with the understanding that Jawg has the full support of

the

LPSF if negative developments result
(5) Some combination of #3 and #4

  Please note that I have no reason to expect a lawsuit to be
filed, I'm
just trying to cover the bases.

Yours in liberty,
        <<< Starchild >>>

P.S. - Thanks all and particularly Phil for not crucifying me for

the

bad Batman joke... I couldn't resist

but Marcy, what is the risk. If they go to court which is very
unlikely, they will almost certainly lose on first ammendment

grounds.

Jawg will do the legal work. No cost. We lose still no cost. We

are

very fortunate to have a terrific and articulate lawyer on our

side.

This issue will die a quiet death very soon as the chanches for

them

going for an injunction knowing they are going up against Jawg

are

vvanishingly small. I mean really, how can a good government

liberal

common causer risk being accused of censorship.

Naughty, Naughty...No name calling on our venerable list!

Glad to hear Jawj is not worried and she will defend in court,

since I

have no intention of showing up in any court hearing myself!

So, I will assume that an ExCom vote has been cast, with Marcy

voting

not to go to court (conservative approach to guarding LPSF

money),

Jawj and Phil voting to go to court *if* injunction shows up,

and

Mike

Acree abstaining.

Now do not get me wrong, I am all for a good fight, but not one

that

might place membership money at risk.

Marcy

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