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Pa. court tosses Nader's nominating petitions
AP NewsBreak: Pa. court tosses Nader's nominating petitions
8/30/2004, 2:58 p.m. ET
By PETER JACKSON
The Associated Press
HARRISBURG, Pa. (AP) ? A panel of three state judges Monday rejected Ralph Nader's bid to be listed as an independent candidate on Pennsylvania's presidential ballot, saying he forfeited that right by accepting the nomination of the national Reform Party.
Pennsylvania law prohibits a person who is affiliated with a political party from running as an independent.
The Commonwealth Court panel dismissed Nader's argument that the ban applies only to Pennsylvania residents. It said Nader's acceptance of the national Reform Party nomination in May also bars him from the Pennsylvania ballot.
"While remaining respectful of the fundamental and precious right of the voters to choose among candidates, the court is not free to ignore clear statutory language in the (state) Election Code or case holdings that dictate the result reached in this case," Judge Doris A. Smith-Ribner wrote.
The ruling strikes a heavy blow against Nader's campaign, which has been swamped with challenges to its nominating petitions across the country, and was cheered by Democratic supporters of John Kerry, who was seen as having the most to lose if Nader were on the Pennsylvania ballot.
"I don't know if we could be more pleased," said Mike Manzo, a spokesman for state House Minority Leader H. William DeWeese, who helped with the Nader challenge and who called the ruling "a huge victory for the Kerry camp in Pennsylvania."
Samuel Stretton, the Nader campaign's Pennsylvania attorney, said he plans to appeal to the state Supreme Court "unless they tell me not to."
"That's a very significant decision," he said. "It would essentially be the death knell of any independent candidate" who is recognized elsewhere by a third party.
Manzo said, "the handwriting is on the wall. I think (Nader) should just gracefully step aside and let us move forward from here."
Nader supporters in August submitted roughly 47,000 signatures to get him on the Pennsylvania ballot, far more than the 25,697 he needed. Lawyers for eight voters sympathetic to Kerry's candidacy challenged the signatures, charging that more than 37,000 of them are forged or flawed.
The Commonwealth Court held a hearing on the "party disaffiliation" issue and other motions in Philadelphia on Friday, even as plans were being made for a line-by-line examination of Nader's petitions in five courtrooms starting at the end of this week.
Monday's ruling appeared to make that review unnecessary.
The national Reform Party endorsed Nader in May, potentially providing him ballot access in at least seven states, including the battlegrounds of Florida and Michigan. His running mate, Peter Camejo, is registered as a member of the Green Party. Those affiliations should nullify their status as independents, Gregory Harvey, lead attorney for the plaintiffs, told the judges.
Nader's status on the Pennsylvania ballot is important to both Kerry and President Bush as they compete for the state's 21 electoral votes ? the fifth-largest prize in the Nov. 2 election ? in what could be an extremely close race.
Recent independent polls have shown Kerry with a light lead or running neck-and-neck with Bush in the state, while Nader attracted less than 5 percent of the vote.
Democrat Al Gore carried Pennsylvania in 2000, beating Bush by fewer than 205,000 votes out of 4.9 million cast. Nader, the Green nominee that year, received 103,392 votes.
AP NewsBreak: Pa. court tosses Nader's nominating petitions
8/30/2004, 2:58 p.m. ET
By PETER JACKSON
The Associated Press
HARRISBURG, Pa. (AP) ? A panel of three state judges Monday rejected Ralph Nader's bid to be listed as an independent candidate on Pennsylvania's presidential ballot, saying he forfeited that right by accepting the nomination of the national Reform Party.
Pennsylvania law prohibits a person who is affiliated with a political party from running as an independent.
The Commonwealth Court panel dismissed Nader's argument that the ban applies only to Pennsylvania residents. It said Nader's acceptance of the national Reform Party nomination in May also bars him from the Pennsylvania ballot.
"While remaining respectful of the fundamental and precious right of the voters to choose among candidates, the court is not free to ignore clear statutory language in the (state) Election Code or case holdings that dictate the result reached in this case," Judge Doris A. Smith-Ribner wrote.
The ruling strikes a heavy blow against Nader's campaign, which has been swamped with challenges to its nominating petitions across the country, and was cheered by Democratic supporters of John Kerry, who was seen as having the most to lose if Nader were on the Pennsylvania ballot.
"I don't know if we could be more pleased," said Mike Manzo, a spokesman for state House Minority Leader H. William DeWeese, who helped with the Nader challenge and who called the ruling "a huge victory for the Kerry camp in Pennsylvania."
Samuel Stretton, the Nader campaign's Pennsylvania attorney, said he plans to appeal to the state Supreme Court "unless they tell me not to."
"That's a very significant decision," he said. "It would essentially be the death knell of any independent candidate" who is recognized elsewhere by a third party.
Manzo said, "the handwriting is on the wall. I think (Nader) should just gracefully step aside and let us move forward from here."
Nader supporters in August submitted roughly 47,000 signatures to get him on the Pennsylvania ballot, far more than the 25,697 he needed. Lawyers for eight voters sympathetic to Kerry's candidacy challenged the signatures, charging that more than 37,000 of them are forged or flawed.
The Commonwealth Court held a hearing on the "party disaffiliation" issue and other motions in Philadelphia on Friday, even as plans were being made for a line-by-line examination of Nader's petitions in five courtrooms starting at the end of this week.
Monday's ruling appeared to make that review unnecessary.
The national Reform Party endorsed Nader in May, potentially providing him ballot access in at least seven states, including the battlegrounds of Florida and Michigan. His running mate, Peter Camejo, is registered as a member of the Green Party. Those affiliations should nullify their status as independents, Gregory Harvey, lead attorney for the plaintiffs, told the judges.
Nader's status on the Pennsylvania ballot is important to both Kerry and President Bush as they compete for the state's 21 electoral votes ? the fifth-largest prize in the Nov. 2 election ? in what could be an extremely close race.
Recent independent polls have shown Kerry with a light lead or running neck-and-neck with Bush in the state, while Nader attracted less than 5 percent of the vote.
Democrat Al Gore carried Pennsylvania in 2000, beating Bush by fewer than 205,000 votes out of 4.9 million cast. Nader, the Green nominee that year, received 103,392 votes.
