Date: Thu, 6 Sep 2001 19:57:00 -0700
From: ernesthancock@home.com ("Ernest Hancock")
Subject: Re: [lpaz-discuss] Ziskis case in 1995
To: lpaz-discuss@yahoogroups.com
Reply-To: lpaz-discuss@yahoogroups.com

> I try to see all the election law constitutional cases, and the only
Arizona > case I know about on this was Ziskis v Symington, which is reported, 47 F
3d > 1004 (9th circuit, 1995). This was the one where Ernie Hancock did all
the > work. At the time, independents could not vote in the primaries. Abe
> Ziskis was a registered independent who wanted to vote in the partisan
> primaries. The court said it was OK to keep independents from voting in
> party primaries. Later the legislature changed the law, but they missed
the > point that it's not supposed to be a matter of law; it's supposed to be a
> matter of party bylaws.

Yeah,... I think I remember the details of this case :)

This is what I _know_:

Without party standing and the support of the executive committee (which is why Peter wouldn't take our offer to be the State Chair that we made before he pushed the merger at the state convention,... yeah, ask him, we didn't give a crap if he got to have a business card that said he was king of the Libs).

Ask him if he'll challenge the statute. I know the case law behind the Ziskis case and the case law that the Ziskis case created,... intimately, and it boils down to if we have a party of principle in Arizona or not,... duh. The Ziskis case was identical to mine word for word. Even the State Attorney complained that the two cases were even printed on the same printer and was slaped down by the judge with a "so what" ruling. The reason I kept his going was that I had re-registered from Ind. to Libertarian after the State made the argument that I was looking for, that the parties controled their own internal structure. Immediately I registered Libertarian and 2 hours later was elected Maricopa County Chairman (I had been working with Libertarians for 2 years+ by then). But I knew that my 9th circuit standing would be in question. So the identical case that I had in the wings at the same time of an 88 year old man in Scottsdale that wanted to help go after the state (also had one ready with my wife as the one with standing - I wasn't f#@$ing around).

I got what I wanted and the Libertarians needed. And Peter is just pissing it away,... for now. I'm not worried though. Peter is his own worst enemy and has absolutly no vision of a future that doesn't include his getting his cut. I think that I have proven over and over that I can wait out the biblical Job.

For the long term, Ernie

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