Indiana’s ballot access/primary election laws are unconstitutional and corrupt

We’ve been so systematically and trans-generationally deceived about the recent, unconstitutional, corrupt, self-appointed “Two Party System” that it’s understandably hard to believe the truth.  I’ve laid out my case several times in the past, but it’s worth trying again.  This time I’ll just lay out the facts and try (try…I really will try) to avoid pontificating.

Please read the following and come to your own conclusions.  If they’re different from mine, let me know what you think I’ve got wrong.  But if you agree with me…won’t you consider rising to action?

 

Facts:

Candidate caste system:

Indiana Code has in the past forty years created seven separate classes of candidates respecting ballot access, as well as for other increasingly divergent privileges, powers, immunities and liabilities under “law.”[i]

1. The “Major Political Parties” defined by IC § 3-5-2-30, and by which there can only be two, is by far the most empowered class. Only MPPs can have poll clerks, election sheriffs and other election officers, and have members on election-related commissions.  MPPs have the easiest, and in most cases, automatic ballot access in at least one election per cycle.  Few races require ballot signatures.  Only MPPs have actual ruling power granted to them (for example, appointment to the Indiana Election Commission IC § 3-6-4.1-2, Recount Commission, etc.).   At present and for the foreseeable future (see #2 below), only MPPs get the extra public exposure, debates, taxpayer paid promotion and primary elections to put the imprimatur of legitimacy and favorable odds on their candidates.  To be crystal clear – the MPPS are exactly and only the Democratic and Republican parties – which are, in Indiana, only recently incorporated (Indiana GOP incorporated in 2005) quasi-chapters of the national, private 527 corporations.
2. The second class defined by IC § 3-10-1-2 is hypothetical, since it would be any non-MPP political parties whose candidate for Secretary of State received at least ten percent of the votes cast in the previous election. That’s not just a difficult thing to achieve for a “third party;” it’s an odd, artificial goal for a political party where other offices would be considered much more important and ideologically relevant.  While no such parties exist in Indiana, second-class parties could have precinct committeemen, and participate in publicly funded primary elections.
3. Members of the Indiana Libertarian Party are the only people to have made the third class of citizens.  They have automatic ballot access by having maintained at least 2% of the General Election vote in the Secretary of State Race.  In some ways, third-class people have the easiest path to getting on the General Election ballot.  But they cannot participate in primary elections, or have the officers/organizational advantages and governing powers of the MPPs or 2nd-class parties.
4. In 1993, IC § 3-5-2-5.5 created the class, “Bona fide political party.” This includes the first-through-third classes, but also grants another class that allows a party its own poll watchers, and provides it certain election/voter-related information.  It is very difficult for them to get on the General Election ballot even in local races, as their hurdles are very greatly higher than the 3rd-class citizens’.  Their ability to participate in elections (debates, media, any public exposure), either General or Primary, is extremely limited.
5. All other political parties fall in the 5^th-ranked citizen class. There are many of these, but entirely out of the public view except in local races or as write-in candidates.
6. Independent candidates cannot possibly participate in primary elections, even if they can overcome the obstacles both put in their way, and doubled in severity through the past thirty years (double the ballot signature requirements for example). Independent candidates face more hurdles than even 5^th-ranked citizens, in some ways.
7. Write-in candidates are those who failed to meet the requirements for ballot access in any of the previous classes, though there is overlap with the 5^th and 6^th-ranked classes. Though it’s not supposed to happen, votes for such candidates have often been thrown out in my experience (my own write-in votes, for example).  It’s very unlikely that these candidates would ever be listed in any candidate information guides, let alone be able to participate in candidate debates and media interviews.

 

Primary Elections:

The primary election system in the USA was promoted by the “Progressive” movement (they were NOT Democrats then!).  The first statewide primary election was in Florida, in 1899; but not all states have them for all elections even today.  Most states didn’t until the 1970’s, when their importance and power to the Democratic and Republican parties increased dramatically.  The point here being that primary elections are recent inventions…not at all part of the constitutional design, or even universal today.

1. IC § 3-5-1-2 defines the purpose of primary elections to choose the following:
   1. The candidates who will be the nominees of a political party for elected offices in a general or municipal election.
   2. The precinct committeemen of a political party.
   3. The delegates to a political party’s state convention.
2. IC § 3-5-3-7 (and others) require that taxpayers bear the full cost of primary elections.
3. Primary elections provide benefits (debates, public exposure/advertising, listing in election reference sources half a year before other candidates) to only participant candidates and parties, which creates both relative and absolute disadvantages to all other candidates and parties.
4. “Blanket primaries,” which offer the most options/choice to voters in selecting candidates, have not existed since 2003, when the SCOTUS decided that primary elections are for parties allowed to participate in primaries, and not for voters.
5. Many candidates have no primary challenger. In these cases primary elections serve only the purpose of promoting candidates; not selecting them.
6. The whole purpose of a political campaign is to gain public exposure and the imprimatur of legitimacy offered in debates, public media and recent expectations of a “Two Party System.” The extended campaign cycles resulting from taxpayer-funded primary elections are worth more promotion money than most candidates can ever raise.

Issue: Indiana’s Constitution plainly forbids the separate classes of citizens under law.  The violation of Article I Section 23 by Indiana’s election/ballot laws provides benefits to only the politically favored class, and at the expense of everyone else.  The unconstitutional Indiana Code that created and maintains the anti-competitive entrenchment allows only Democrats and Republicans to write the rules, enforce the rules, and count the votes…all at taxpayer expense.

Rule: The Indiana Constitution’s Article I Section 23: “The General Assembly shall not grant to any citizen, or class of citizens, privileges or immunities, which, upon the same terms, shall not equally belong to all citizens.”

Summary: Article I Section 23 was enacted largely to prevent corruption, anti-competitive favoritism, and government-entrenched monopolies.   Indiana’s recent election-related codes reward corruption through institutionalized favoritism and government-entrenched monopolies.

So, we need a court case.  Maybe an amicus brief.  Maybe ask for summary judgment.  If we had enough people to make it happen, a big honking jury trial with plaintiffs and damages and media and a movie starring only liberty-leaning stars from Hollywood to Bollywood.  But more likely, a multi-step legal challenge in Indiana (where we’ve got just about the worst ballot access rules, but one of the very best state constitutions) where we’d almost certainly lose the first round, but end up in the state Supreme Court with a more publicly visible, and maybe even winning case against what plagues us all.

But that’s up to you.  Whatever we do, we need more people than just me fighting this.

 

[i]Article I Section 25 nullifies any Indiana law depending upon any authority but the Indiana Constitution: “No law shall be passed, the taking effect of which shall be made to depend upon any authority, except as provided in this Constitution.”  If there can be no such law, there can be no judgment or executive action favoring laws that cannot legally exist.  Article I Section 25 is an absolute ban on any government action exceeding the limits prescribed by the state’s constitution.

The Choice is Clear

FREEDOM, IN –

I’ve actually been asked questions like, “Why don’t you raise 10 million dollars so that…” or “Why don’t you get in all the newscasts and newspapers so that…” 

Stop it.

For too long we’ve pretended that elections are about candidates and their financiers, when that has never been true.  Elections are now and have always been about voters.  That’s the whole point of a democratic process, isn’t it?  In this democratic republic the politicians we choose reflect us.  All of our problems are of our choosing.  …Repeatedly.  We really should stop denying our role in government – and of course quit all the whining about term limits and “the influence of money in politics” when only we are responsible for a 98% incumbent reelection rate and multimilliondollar campaigns… 

So furthering this spirit of blunt truth, I’ll confess that while I am the only constitutional, liberty and justice candidate on the 2008 gubernatorial ballot, I know I may not reflect who Americans are these days.  We’re certainly not the self-disciplined and self-reliant Americans we used to be.

In fact many of us say we want a Real Leader, that is, someone who’ll authoritatively rule our lives, liberties and property.  If you are such a person, I suggest you vote for Mitch Daniels.  He really is the best leader Indiana has had in quite a while.  Without any perceptible ideology or partisan loyalty, and certainly without any constitutional restraints, he very effectively does what he thinks is best with your rights, money and property. 

If I were elected, I would govern government, not citizens; as that is what our constitutions and traditions demand. 

So if you need to be governed, I recommend you vote for Governor Daniels, not me.  I would stick rigidly to the constitutions of Indiana and the USA, which limit politicians, not you.  That’s just who I am and what I’d do.  If that’s not what you want, vote for somebody else.

If you identify yourself as a Democrat, and want to be told what to do by a Democrat, then Jill Long Thompson is an intelligent, personable, qualified choice.  She’s far more fixed to an ideology than is Daniels, and far more likely to employ partisan Democrat politics and policy.  But we voters have chosen partisan politics for the last hundred years.  So if you’re a team-jacket-wearing Democat, you really should vote for her, not me. 

Of course, in 2008 there will likely be two “independent candidates;” one who voted with Governor Daniels on most things, and another one with whom I actually agree on many things.  If you dislike the entrenched political parties as much as I do, but still need a politician to direct your money, morality, environmental concerns and so on, then one of these fine men (and I mean that) should get your vote.

If you are an adult who wants to run your own life, however, and want politicians on a leash at last, I am demonstrably the only choice.  If you want liberties under law, I’m it in 2008.  If you want businesses (not politicians) to do business; if you want doctors (not politicians) to do medicine; if you want the feds to stay on their side of the fence; if you want, in short, what made this nation the greatest for generations, then I am the only reasonable choice.

 

Let’s not fool ourselves any longer about our collective role in government.  We really do get exactly what we vote for.  So make sure you’re saying what you want to say with your vote.  Don’t assume this freedom will last forever…