Posted on 09/28/2004 3:08:46 PM PDT by lionstar
Judge orders Nader off Wisconsin ballot, appeal filed
By JR ROSS Associated Press Writer
MADISON, Wis. (AP) -- A Dane County judge Tuesday kicked Ralph Nader off the Wisconsin ballot, prompting an immediate appeal by the independent presidential candidate with the state Supreme Court.
While Judge Michael Nowakowski ruled Nader should be left off the ballot, he also prohibited the Elections Board from sending county clerks a certified list of presidential candidates until Wednesday afternoon to give Nader's backers a chance to appeal.
There was no immediate word from the Supreme Court whether it would accept the case.
The decision could have huge implications for the presidential race in Wisconsin and the election in general. Some Democrats still blame Nader's 2000 candidacy for President Bush's victory and fear he could siphon votes away from their nominee, John Kerry, this year.
It also could disrupt the process of printing and mailing ballots, especially those that go to absentee voters. County clerks face a deadline this weekend to print ballots and mail them to those planning to vote absentee.
State Democrats sued to kick Nader off the ballot, claiming he had failed to comply with state law that requires presidential candidates to list 10 electors on their nomination papers. The statute says the electors shall include one from each congressional district and two at-large.
One of Nader's electors listed as living in one congressional district actually lives in another. Electors cast ballots in the electoral college to decide the presidential race.
The state Elections Board last week refused a request from the Democratic Party of Wisconsin to kick Nader off the ballot on those grounds.
Nowakowski ruled Tuesday Nader's nomination papers were defective because of the mistake. But he said the Elections Board had the authority to ignore the mistake and leave him on the ballot.
Still, he said the board had relied on an incorrect interpretation in a state statute in its ruling last week and thus found Nader should be off the ballot.
Nader's appeal asks the Supreme Court to bypass the appeals court and take it up directly. It also asks the court to prohibit the Elections Board from certifying any presidential candidates for the Wisconsin ballot and restore Nader to the ballot.
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Pathetic.
Nowakowski is using some pretty weird legal gymnastics to rule the elections board had the authority to ignore a technical defect, but that he has the authority to overturn their ruling, thus negating the very authority which he rules they had. Wow!
And the judge is a Democrat, right?
-PJ
Let Every Vote Count!!
Right
I think this is one of the biggest stories of the year. I can`t believe the MSM is ignoring this ( well maybe I can ) . Where in the world is Jimmy Carter. Oh yeah, he is crying about the disenfranchisement of other voters, people who want to vote for Kerry.
That's not the only problem with Wisconsin's electoral process. Their's is as bad as Florida's.
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