Date: Fri, 17 Aug 2001 03:44:20 -0700
From: ernesthancock@home.com ("Ernest Hancock")
Subject: [lpaz-discuss] Court Rulings - 1 win - 1 ?????
To: lpaz-discuss@yahoogroups.com
Reply-To: lpaz-discuss@yahoogroups.com


If you read the ruling and have any background knowledge of the cases that 
they cite. You'll come to the conclution that that they first came to a con
clution then wrote the ruling (duh).

In the end it's hard to tell what will happen. It looks like the Sec of Sta
te and the Attorney General could rule the Arizona Libertarian Party is wit
hout ballot status. The ALP followed judge Myer's ruling that didn't requir
e that the internal workings of the party be governed by a sub set that was
 elected in a taxpayer funded election, in violation of our bylaws, of inte
rnal officers. The Appeals Court has ruled that this ruling of Myrs is no 
longer valid and that the state _does_ determine how internal officers are 
qualified to be Party officers (by first being elected in a taxpayer funded
 election - this is very bad).

The problem for ALPink is that this strict adhearance to state statute (con
stitutional or not) makes them totally unqualified to tkae any control of t
he party. First, because I can't see where the ruling makes any decision on
 that point. And second, ALPink didn't abide by the law when they had their
 state organizing meeting outside the city limits of Phoenix (among other p
ossible infractions).

So ballot status of the Libertarian Party just took a big hit.

As I have always said, I _needed_ the courts to sy that they controled poli
tical parties or not. We could seek higher courts, and may, but the rationa
le used by this court was overwhelmingly statist and supportive of governme
nt control in the face of clear case law against such a position,... Ohhh K
ayyyy.

Many long time activist in Arizona and aross the contry have been aware of
 my support, pursuit,... obsession with getting the constitutionality of th
ese laws declared by the courts. I hope that we'll have the resources to ta
ke it all of the way and I'm sure that we all wish we still had John Buttri
ck on this side of the bench during this time, but we'll all get together a
nd decide what to do once we fully understand the implications of the rulin
g. But, I fear that the Libertarian Party just lost ballot staus in the Sta
te of Arizona. Hey Barry! etter go find out, and quick.

Most if not all of us will keep doing what we do one way or another anyway 
and with state control of the Libertarian Party,... my options get wider :)

Oh Yeah!

I said, "1 win" in the subject line, huh.

The Superior Court came back with a ruling on our Glendale initiative order
ing the Clerk of Glendale to put the Manual Ballot Counting Initiative on t
he ballot. The City of Glendale has asked for _another_ 15 days to submit t
o the order ????????? I sense some more crap comming,... again,... DUH.

Soooooo, in the end nothing really changes fro the "Libertarian Wing" activ
ist except our level of knowledge.

Ernie