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Fla. 16 GOP Canít Mention Negron at Polls, Court Rules (Foley alert)
CQ Politics ^ | Oct. 18, 2006 | Rachel Kapochunas

Posted on 10/18/2006 7:24:30 PM PDT by Alter Kaker

The Republican Party’s hopes of holding on to the Florida 16th District seat of resigned Florida Republican Rep. Mark Foley are greatly hindered by the fact that Foley’s name, under state law, must stay on the ballot — even though votes cast for him will be counted for state Rep. Joe Negron, the replacement candidate picked by GOP officials.

And the GOP endured another hit Wednesday when a state judge, ruling on a lawsuit brought by Democratic activists, barred state election officials from posting signs at voting locations and delivering notices about the ballot situation to 16th District voters.

Second Judicial Circuit Judge Janet E. Ferris ruled that a state-run information campaign to inform voters about what critics argue was an internal Republican Party foulup would do “irreparable injury” to Democratic nominee Tim Mahoney and his supporters.

Ferris wrote that elections supervisors are “ordered not to post the proposed notice, and may not deliver the notice to individual voters posing questions about the race in question.” Negron’s campaign and the secretary of state’s office, headed by Republican appointee Sue M. Cobb, have told local news outlets they will appeal the decision.

Democrats sued after the state Division of Elections, supervised by the office of Florida’s secretary of state, recommended that voting officials conduct an information campaign about the Foley/Negron ballot situation, suggesting those two methods as a way to inform voters.

Democrats described the action as favoritism, citing a similar incident affecting the Democrats in a neighboring House district in 2004 where, Democrats argue, no strong informational campaign was prompted by the state.

Robin Rorapaugh — a former congressional aide who is now a political consultant — was a late replacement nominee in that year’s 22nd District contest against veteran Republican Rep. E. Clay Shaw Jr. Jim Stork, a bakery owner who was the original Democratic nominee, had belatedly dropped out because of health problems; his name remained on the ballot, even though votes cast for him were counted for Rorapaugh.

“We are satisfied that a judge has agreed with us that posting notices bearing candidates’ names in a polling place is not permitted by law,” state Democratic chairwoman Karen Thurman, a former House member (1993-2003), in a statement. “We hope this brings an end to the Republicans’ campaign to illegally influence voters at the polls.”

The state GOP and the Negron campaign argue that informing voters should be a priority in this race and that the recommendations do not constitute favoritism. But the ruling, unless overturned, will leave the party with sole responsibility for informing voters.

This is a crucial matter because of the scandal that forced Foley to suddenly quit the House and his re-election bid on Sept. 29, 24 days after he was renominated without opposition. Foley quit after it was revealed that he sent sexually explicit Internet messages to underage congressional pages.

It will be difficult enough for the Republicans to persuade voters to cast a vote over Foley’s name even if they are aware that the vote will accrue to Negron, who was nominated Oct. 2 to run in Foley’s stead. But it is extremely likely that many voters will refrain from voting Republican if they are not aware that they are not voting to re-elect Foley.

All this has put at grave risk a seat that just weeks ago looked etched into the Republican column. Foley, who was highly popular prior to the scandal’s eruption, won a sixth House term with 68 percent of the vote in 2004. But the 16th, which sprawls across Florida from the Atlantic to the Gulf Coast, has an overall profile that is not as strongly Republican: President Bush took 55 percent there that year.

CQ rates the race as Leans Democratic.


TOPICS: News/Current Events; Politics/Elections; US: Florida
KEYWORDS: florida; foley; mahoney; negron
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Unless a higher court overturns this nonsense ruling, we probably lose FL-16. Grumble.
1 posted on 10/18/2006 7:24:32 PM PDT by Alter Kaker
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To: Alter Kaker

Democrats disenfranchising the voters again.


2 posted on 10/18/2006 7:27:37 PM PDT by msnimje (Democratic Leftists are nothing like LIBERAL. They are intolerant and intellectual cowards.)
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To: Alter Kaker

Gee. Perhaps the expenditure of some campaign funds might be in order here. Just a thought.


3 posted on 10/18/2006 7:29:52 PM PDT by Steely Tom
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To: Alter Kaker

Don't say that.

We need as many people out there as possible.

If you are in the 16th then mention to everyone you know that voting for Foley is really a vote for Negron.

Foley is in a district that is carved for a republican.

We need to have a massive turnout in the hard republican districts.


4 posted on 10/18/2006 7:31:00 PM PDT by longtermmemmory (VOTE! http://www.senate.gov and http://www.house.gov)
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To: Alter Kaker

Nothing bars the citizens from informing each other. Blocks could be parcelled out and assigned to someone that could do door to doors or put out fliers.


5 posted on 10/18/2006 7:31:48 PM PDT by YdontUleaveLibs (Reason is out to lunch. How may I help you?)
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To: Alter Kaker
How many Republican voters in FL-16 do know that a vote for Foley is a vote for Negron? I will say at least 95% of them do know this.

Democrats are so stupid. First because they think that our base is stupid and ignorant like theirs where in reality our base is vastly smarter and more informed. Second because of all the screaming and yelling they have been doing about this ballot issue, they have made sure that every voter in FL-16 know that a vote for Foley is a vote for Negron.

There is an 80% chance that Negron will win and we keep the seat.

6 posted on 10/18/2006 7:31:51 PM PDT by jveritas (Support The Commander in Chief in Times of War)
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To: Alter Kaker

Absurd ruling. I can see not posting at polling places but not being able to put out mailers??


7 posted on 10/18/2006 7:32:31 PM PDT by Sacajaweau (God Bless Our Troops!!)
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To: Steely Tom

I think voters will know, signs or no signs. Only democrats and queer republican are morons.


8 posted on 10/18/2006 7:33:14 PM PDT by Rodm (Seest thou a man diligent in his business? He shall stand before kings)
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To: Alter Kaker

Is there a link to the actual ruling document? It'd be good for many here to read it.


9 posted on 10/18/2006 7:34:44 PM PDT by Paladin2 (Islam is the religion of violins, NOT peas.)
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To: Alter Kaker
But... but.... but.... where are the Dems in THIS disenfrancisement situation?!

What about equal protection under the law?

Irreparable harm? THat's the same twisted logic that new stores cause harm to existing stores.

Competition - the Left just hates it.

SCOTUS, anyone

10 posted on 10/18/2006 7:35:04 PM PDT by bootless (Never Forget - And Never Again. And Always Act.)
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To: Alter Kaker

This is certainly an absurd ruling.

And you can be quite sure that if it is appealed all the way up, the insane judges on SCOFLAw will decide it the same way.

They were overruled by SCOTUS in the chad wars, but I don't think the Supreme Court would likely interfere in a local state election.

I would presume that the district can and should be canvassed, and that mailings can be sent out. Also, I presume that people can carry signs informing voters at the legal distance from polling places. But it's important to get out the vote as well as inform voters who show up.


11 posted on 10/18/2006 7:37:06 PM PDT by Cicero (Marcus Tullius)
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To: Alter Kaker
Republican voters are far more intelligent than Dim voters.

Plus everyone and their Momma in that Congressional district knows that Foley isn't in the race.

Negron will win and the Dims will be rebuked again.

12 posted on 10/18/2006 7:37:10 PM PDT by Extremely Extreme Extremist (Why can't Republicans stand up to Democrats like they do to terrorists?)
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To: Alter Kaker

Sometimes you just have to ask yourself, "Do I still live in America? Or is this now the land of Mediacrats?"


13 posted on 10/18/2006 7:37:58 PM PDT by Hattie
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To: Alter Kaker

So fully informing voters about how their votes will be counted would irreparably harm the Democrat? That's...how to put this diplomatically?...an interesting argument.


14 posted on 10/18/2006 7:38:21 PM PDT by RichInOC ("I see stupid people. They're everywhere....They don't even know that they're dumb.")
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To: Paladin2
Is there a link to the actual ruling document? It'd be good for many here to read it.

CQ Politics links to a copy on the website of the Florida Rat Party, so forgive the source...

http://www.fladems.com/page/-/documents/CourtRuling.pdf

15 posted on 10/18/2006 7:38:32 PM PDT by Alter Kaker ("Whatever tears one sheds, in the end one always blows one's nose." - Heine)
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To: Sacajaweau
The GOP can still put out mailers, right?

This is Foley's problem, and he caused this mess, so I can't argue with the state courts saying it isn't the state's problem. I say this regardless of the obvious dirty trick by the Dems in waiting to release this until after it was too late to replace Foley.
16 posted on 10/18/2006 7:40:28 PM PDT by Carling (It's Danny, Sir)
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To: Alter Kaker
Everybody just needs to be a little creative here:

"Vote for a Congressman Who Needs No Introduction"
"Any Republican is better than any Democrat"
"We made a trade for a player to be named later"

17 posted on 10/18/2006 7:40:35 PM PDT by alancarp (ISLAM: Continuously proving that ancient Byzantine emperors must have been right.)
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To: Alter Kaker

What greedy, power mongering, traitorous globalist idiots. Sheesh.


18 posted on 10/18/2006 7:41:21 PM PDT by Quix (LET GOD ARISE AND HIS ENEMIES BE SCATTERED. LET ISRAEL CALL ON GOD AS THEIRS! & ISLAM FLUSH ITSELF)
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To: RichInOC
barred state election officials from posting signs at voting locations and delivering notices about the ballot situation to 16th District voters.

They really are scared of something, aren't they?

If I were in Florida, I might consider that a violation of MY rights.

19 posted on 10/18/2006 7:42:06 PM PDT by Howlin (Why Won't Nancy Pelosi Let Louis Freeh Investigate the Page Scandal?)
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To: Joe Brower

Florida 16th ping


20 posted on 10/18/2006 7:44:56 PM PDT by windchime (I consider the left one of the fronts on the WOT.)
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To: Alter Kaker

I'm not the sharpest knife in the drawer but I don't think that the DemocRATS and their pedophile and lesbian "judges" can stop the GOP from doing TV and radio ads explaining this problem to the voters. Duh? Geeesh. Do they want to keep the seat or just whine about losing it?


21 posted on 10/18/2006 7:47:07 PM PDT by FlingWingFlyer ("Today we march, tomorrow we vote!" The illegal aliens won't be "staying home" on Nov. 7th.)
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To: longtermmemmory

I MIGHT be able to sorta understand the judge saying no signage at the polling places..

But, how can she say they can't even pass out notices, presumably off the polling grounds, to let voters know??

Can they do a mailer to the residents of that district??


22 posted on 10/18/2006 7:51:05 PM PDT by Txsleuth (FREEPATHON TIME--You need FR, you know you do, so please don't forget to donate!!)
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To: Carling; All

I just don't understand why the GOP leadership isn't screaming that while it's confirmed fact that Hastert's office had no knowledge of anything other than bland emails that even the kid's parents didn't feel had crossed any line it's also confirmed fact that DEMOCRAT STRATEGISTS KNEW ABOUT THE GOREY IMS FOR MONTHS. Democrats hid the Foley scandal to break it at an opportune time, not Republicans. They wouldn't even agree to Dir. Freeh conducting an investigation because they knew he'd get to the truth. Why doesn't the GOP leadership say anything?

Why didn't Pres. Bush blame the Democrats for politicizing a national disaster (Katrina - in which Brown actually did do a good job, unlike a certain Governor who called for a 48 hr wait).

Why is no one except for Newt Gingrich mentioning that Democrats have promised to raise taxes?

Why is no one except for Newt pointing out that Democrats would raise taxes on the LOWEST INCOME EARNERS BY 50%?

Why doesn't incoming leader Mitch McConnell demand Dirty Harry Reid's resignation over the land scandal and do so until the media is forced to pick it up? Call it DirtyHarrygate and the media vultures will show up for ratings.

Who's running strategy?? Pee Wee Herman?

If Newt is the only effective voice than why the heck isn't he running for his old job again?

Why are we rolling over like we have flees while these insane nitwits, Pelosi and the gang of Rangels, run roughshod over us in the press?

Like Newt says. When Conservatives articulate their views and defend themselves against Democrat slander, Conservatives win!


23 posted on 10/18/2006 7:53:34 PM PDT by Yomin Postelnik
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To: Carling

All 8 of the County Elections Supervisors voted to allow the postings at each precinct in the 16CD of Florida because it was fair. Not all of the Supervisors are Pubbies,my County Elections Supervisor in 16CD is a Democrat in a GOP majority County. He is fair,and can be trusted. This crap will not stop us. I will know more about where we stand and what they will be doing should the appeals not work for us after Tomorrow night when Joe Negron is in My County for a Fundraiser. We are more determined than ever. To donate to Joe Negron go to his website joenegron.com


24 posted on 10/18/2006 7:54:29 PM PDT by samantha (Cheer up,the Adults are in charge,but need reinforcements very soon.)
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To: Alter Kaker

I have a hard time imgagining that when the law was passed the legislature did not envision that the replacement candidate would not be allowed to have his name be known.


25 posted on 10/18/2006 7:58:26 PM PDT by CaptRon (Pedecaris alive or Raisuli dead)
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To: FlingWingFlyer

Because of campaign finance Laws written by idiots like John McCain, Republican Executive Committees and various GOP organizations cannot do much here as it is a Federal Office. for instance we cannot call voters from GOP HQ and explain this to voters. It is very complicated,but we will work our way around this,and individuals can do things that the Party cannot. Rats do not abide by the law ever so they do not care.


26 posted on 10/18/2006 7:59:54 PM PDT by samantha (Cheer up,the Adults are in charge,but need reinforcements very soon.)
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To: All

Frankly, I am most concerned about the voter who votes for Foley and writes in Negron both to try to be sure his vote counts as desired. Would this be an overvote and therefore tossed?


27 posted on 10/18/2006 8:03:39 PM PDT by Owen
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To: Txsleuth
Yes they can do mailers, but with all the MSM press, I think most people already know. I think the judge is saying that the election people can not pass out fliers. Any citizen can stand, what is it 100ft., from a polling place and pass out "campaign" fliers, just like the candidates do, to inform the voters.
28 posted on 10/18/2006 8:07:11 PM PDT by bobsunshine
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To: Alter Kaker

For 2 years we might. It will be back in GOP hands during the next Presidential election..


29 posted on 10/18/2006 8:12:05 PM PDT by graf008
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To: Owen

Just shows you how ridiculous this Florida law is. The Elections division should print a sticker or something with "Joe Negron" on it and place it over Mark Foley's name, and have the FL GOP pay for it, no expense to the tax payer.


30 posted on 10/18/2006 8:14:40 PM PDT by MassachusettsGOP (May the West and Republicans Always Win...)
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To: Alter Kaker
INFUENCE??? How about INFORMING voters. Either party you are voting for, should be able to at least inform the voter WHO they are voting for. What kind of cockamamie decision is this??
31 posted on 10/18/2006 8:19:01 PM PDT by gidget7 (Political Correctness is Marxism with a nose job)
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To: bobsunshine

Well...shoot, I wish I didn't live so far away, I would volunteer to stand by a polling place and pass out fliers.


32 posted on 10/18/2006 8:20:50 PM PDT by Txsleuth (FREEPATHON TIME--You need FR, you know you do, so please don't forget to donate!!)
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To: Extremely Extreme Extremist
I wish I could share your optimism, but alas, close elections are decided by the lower end of the bell curve.
33 posted on 10/18/2006 8:24:01 PM PDT by TeleStraightShooter (The Right To Take Life is NOT a Constitutional "Liberty" protected by the 14th Amendment)
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To: Alter Kaker
HMMMMMMM!

=====================================

Tuesday, October 12, 2004

Democrats May Get To Replace Ailing South Florida Candidate

TALLAHASSEE, Fla. -- Democrats would be able to replace ailing congressional candidate Jim Stork in South Florida if a judge's ruling withstands an appeal filed Monday by Secretary of State Glenda Hood.

Circuit Judge Janet Ferris ruled last week that Hood erred by denying Stork's request to withdraw, due to a heart condition, from his 22nd District race against incumbent Republican Clay Shaw of Fort Lauderdale.

Hood asked the 1st District Court of Appeal to reverse Ferris, but the appellate judges took no immediate action. It's too late now, less than a month before the Nov. 2 election, to change the ballot without disrupting county election officials and voters, said Hood spokeswoman Alia Faraj.

A letter of withdrawal from Stork, 37, a former Wilton Manors mayor, missed a Sept. 15 deadline by nine days.

Ferris ruled Hood had ignored "the strong public policy in this state of providing voters with greater choice and ensuring ballot access."

Democratic officials in Palm Beach County sued Hood, an appointee of Republican Gov. Jeb Bush, after state party chairman Scott Maddox decided against challenging her decision.

Maddox said he thought the appeal would be a distraction from the party's primary goal of electing its presidential nominee, Massachusetts Sen. John Kerry.

The only credible candidate who could mount such a late campaign against Shaw would be U.S. Rep. Peter Deutsch, D-Fort Lauderdale, Maddox said.

Deutsch did not seek re-election to his nearby 20th District seat and ran instead for the U.S. Senate. He lost in the Democratic primary to former Florida Education Commissioner Betty Castor.

Maddox said he has not yet had a response from Deutsch but was hoping he would "step up for his party and run."

Democrats had seen Stork, who is openly gay, as a strong challenger to Shaw partly because of his ability to attract campaign contributions from across the nation. (AP) http://www.wsvn.com/news/articles/election_2004/C56377

34 posted on 10/18/2006 8:41:58 PM PDT by LRS
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To: jveritas

Please help me understand. Just HOW is a vote for Foley a vote for Negron? Can the votes be transferred to him or can Jeb Bush name him as the replacement?


35 posted on 10/18/2006 8:46:06 PM PDT by boop (Now Greg, you know I don't like that WORD!)
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To: Alter Kaker
...state-run information campaign to inform voters about what critics argue was an internal Republican Party foulup would do “irreparable injury” to Democratic nominee Tim Mahoney and his supporters...yes, any time voters get valid information it's very likely to produce injury to the 'rats......
36 posted on 10/18/2006 8:47:46 PM PDT by Intolerant in NJ
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To: LRS

BTW- more can be found about the appeal for Ferris 2004 pro Dim ruling at:

http://myfloridalegal.com/alerts.nsf/Print%20Slip%20Opinions/15C63807DF2AAAA885256F4100556071?OpenDocument

According to the appeal, Judge Ferris ruled:


Accordingly, the trial court entered a mandatory injunction directing the Division to (1) permit Stork to withdraw; (2) immediately notify the Congressional District 22 Democratic Party Executive Committee of their right to designate a nominee to fill the vacancy thereby created; and (3) if the Executive Committee designates a nominee at least 21 days before the general election, comply with the requirements of section 101.253(3), Florida Statutes (2004), for placing the nominee on the ballot.


37 posted on 10/18/2006 8:49:57 PM PDT by LRS
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To: boop
Yes per the Florida election law if a candidate whose name on the ballot withdrew and if it the time to replace his name on the ballot has passed as in the case of Foley, then the party (Republican Party) of the withdrawn candidate (Foley) can name another one (Negron) and every ballot cast for the withdraw nominee (Foley) will go to the new nominee (Negron).
38 posted on 10/18/2006 8:49:57 PM PDT by jveritas (Support The Commander in Chief in Times of War)
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To: Alter Kaker

I thought they were already given permission to post the signs. There is still some time to get this changed..., right?


39 posted on 10/18/2006 8:51:57 PM PDT by madison10 (Live your life in such a way that the preacher won't have to lie at your funeral.)
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To: samantha

I coud volunteer to distribute the info at polling place, if hep is needed. I am nearby.


40 posted on 10/18/2006 8:53:15 PM PDT by ClaireSolt (Have you have gotten mixed up in a mish-masher?)
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To: ClaireSolt

Are you in the 16CD? Or are you in one of the adjacent Counties? I will know a lot more tomorrow after Joe Negron's team comes to town.


41 posted on 10/18/2006 8:58:12 PM PDT by samantha (Cheer up,the Adults are in charge,but need reinforcements very soon.)
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To: LRS
Second Judicial Circuit Judge Janet E. Ferris ruled that a state-run information campaign to inform voters about what critics argue was an internal Republican Party foulup would do “irreparable injury” to Democratic nominee Tim Mahoney and his supporters.

Well, so the Dimwits shopped for a judge and got one who could care less that they are partisan Democrat.

Isn't there a way to get this judge tossed in jail?

42 posted on 10/18/2006 9:01:49 PM PDT by VeniVidiVici (In God we trust. All others we monitor.)
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To: msnimje

Rats make me want to barf.. I'll never vote for a Rat for so much as Dog Catcher....


43 posted on 10/18/2006 9:05:49 PM PDT by Schwaeky (Welcome to America--Now speak English or LEAVE!)
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To: jveritas

I know. The Dems just can not stand the idea of informing the voters. They also can not stand requiring voters to prove they are legally entitled to vote.
Guess the Dems count on ignorance and illegal voting to win. Sounds about right.


44 posted on 10/18/2006 9:08:04 PM PDT by lastchance (Hug your babies.)
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To: VeniVidiVici

What I am wondering, is whether or not the appelatte court ever issued an opinion in the case, or, if the appeal was withdrawn. If the court overturned her ruling, then she has a way out of this decision (or, so I suppose.)


45 posted on 10/18/2006 9:10:09 PM PDT by LRS
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To: Sacajaweau

If I read the article correctly it is only State Election officials who are barred from sending out mailers. The State GOP can still send out mailers. Not sure about the notices.


46 posted on 10/18/2006 9:10:28 PM PDT by lastchance (Hug your babies.)
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To: Yomin Postelnik
Well, it's funny you mention Newt, because he's the reason I became a hardcore GOP backer while in college. Rove runs campaigns on tricks; he's really no different than a Dem except typically his candidates have reason on their side.

I agree with you completely. FIGHT BACK, DAMN IT. Point out the opponents' weaknesses as opposed to playing counter-punch all of the time.
47 posted on 10/18/2006 9:12:43 PM PDT by Carling (It's Danny, Sir)
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To: Alter Kaker

with all the attention the Foley story has gotten, I can't believe there's a voter in the district who doesn't understand the replacement


48 posted on 10/18/2006 9:15:21 PM PDT by EDINVA
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To: Sacajaweau
I think it works something like this:

If your name is Delay, you're a Republican, and you resign your seat in Texas under a cloud, your name has to stay on the ballot with the loss of the seat a virtual certainty.

If your name is Foley, you're a Republican, and you resign your seat in Florida under a cloud., your name has to stay on the ballot with the loss of the seat a virtual certainty.

If your name is Torricelli, you're a Democrat, and you resign your seat in New Jersey under a cloud, you get to pick a replacement (a former senator), put his name on the ballot, and run ads and send out flyers pointing out the fact that there's a new, very familiar name on the ballot with retention of the seat a virtual certainty.

Such is life in 21st century America.

Get used to it.

49 posted on 10/18/2006 9:22:00 PM PDT by daler (<P>)
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To: madison10

Yep...we've got until November 7th to get it settled.


50 posted on 10/18/2006 9:23:02 PM PDT by perfect_rovian_storm (All your Diebolds are belong to us)
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