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LESS DEMOCRACY : Brought to you by Delaware Senate Democrats

Imagine my utter shock and surprise that incumbent legislators in the Delaware Senate passed by 11-9 (11 DEMOCRATS voting YEA) a piece of legislation that literally throws out validly-cast votes of Delaware citizens.

This loathsome bill literally makes it state law that citizens' write-in votes will simply not be counted unless the vote is cast for a "declared write-in candidate" who has registered with the state, as such.


The effort was led by the bill's sponsor Senator Patricia "Patty" Blevins (D - Elsmere).

Just Last year, the Democrats in the House tried to manipulate the party system in order to unconstitutionally regulate the voices of citizens who would speak through a party (or parties) with whom they choose to affiliate. Fortunately a crusade of citizens, activists, and bloggers successfully appealed to the House Republicans and this despicable "anti-fusion" bill went down in a stunning defeat, severely irking Democratic Party Chair John Daniello and his daughter.

Arguably the entire system of "minor" and "major" party designations as well as the parties' separate, unequal treatment, based on arbitrary registration minimums, are totally unconstitutional under the Delaware Constitution's "free and equal" elections clause.

But that is a whole 'nother bag of manure to be disposed of elsewhere.

Is not the whole point of write-in voting that a citizen can express their franchise as they see fit, no matter what the ballot has printed on it (or how manipulated it is to favor one particular party* [Hint: think braying jackass])?

* "The device named and chosen and the lists of candidates of the Democratic Party shall be placed in the first column on the left-hand side of the ballot" Title 15 Sec 4502(a).

Yes, folks, it is Delaware law that the Democratic party will always receive the first listing in the columns of parties listed on our state ballot. "Free and Equal"? I think not.
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Now as I understand the only rational basis for this bill, the goal is to ensure that no candidate openly runs for office as a write-in candidate without exposure to campaign finance disclosure requirements. That's certainly a legitimate and worthy goal.

But, as usual, the Democrats in the Delaware General Assembly choose a butcher knife to do micro-surgery, hacking off the hands of any citizens who should *gasp* write-in a candidate not blessed and pre-approved by a state regulatory process.

State law can easily be written, and I believe may already be, such that any money flowing on behalf of a candidate, write-in or otherwise, is subject to state campaign finance disclosures. If the language isn't strong enough to that effect, it can certainly be made so.

It's real simple. Here's a try : "any person or group that receives or spends anything of value to promote the name, likeness, or image of any individual for any public office is hereby subject to all campaign finance disclosure laws to which any candidate or candidate committee is subject."

Does it sound like it is necessary additionally to punish and violate the constitutional rights of citizens by literally throwing away their votes because they have chosen to write-in a vote for a candidate who has not "declared" their candidacy by date certain (September 30) with a state agency (Commissioner of Elections)??

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The News-Journal editorial section, typically out of step with citizen-empowered democracy, seems to say it will save a bunch of wasted time and effort actually counting people's 'irrelevant' or 'illegitimate' write-in votes.

Specifically, the typically pro-incumbent, regressive N-J editorial writer(s) stated that :
Senate Bill 164 would require that only votes cast for a declared write-in candidate would be counted.
All other write-ins for Mickey Mouse, Mother Goose and None of the Above would be lumped together as simply "other" write-ins.
Contrary to what Sen. Colin Bonini, R-Dover South, said when the bill was initially defeated last month, this legislation doesn't take away the democratic guarantee of a write-in option.
It recognizes a write-in more as a legitimate candidate, instead of lumping him or her in with irrelevant fictional names.
...[T]he Department of Elections can clean up the messy process of officially counting all the fictitious candidates. That can take months.

Excuse me?


"Irrelevant" names (e.g. votes), "legitimate" candidates?

Since when is a citizen's absolute sacrosanct right to vote, and have that vote counted, contingent on the regulatory compliance of another citizen over whom they (righteously) have no control.

Even if the person for whom they vote is constitutionally ineligible to serve, that still does not negate that a citizen does and should have the absolute right to cast their vote as they wish and have it counted.

It is nice to know the nanny News-Journal is ever guiding our best interests in the legislature, in this case making sure we are not beset by the whims of all those pesky voters.

I mean, hell, why not throw out citizens' votes if it means avoiding all that strain from counting votes for Mickey Mouse and Daffy Duck?

Or more to the reality of the matter, why let civil rights get in the way of ensuring aging, retarded, antiquarian political entrenchment?


This just turns my stomach and demonstrates to me why our state is in such a woeful state of political inertia.

We citizen-activists have to spend most of our time and energy not advancing progress towards a more perfect and free political union but rather bludgeoning a bunch of self-serving political hacks into not screwing the citizens over and over and over year after year after year, by every little obscure avenue at their grubby disposal. (I'm looking right at you, Harris McDowell).

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It is notable that all Senate Republicans present voted AGAINST this anti-democracy legislation known as SB 164.

Thank you Senators Amick, Bonini, Cloutier, Connor, Copeland, Simpson and Sorenson. Special recognition to the General Assembly's most libertarian Republican : Senator Colin Bonini.


Two Senate Democrats, to their immense credit, voted against. Thank you Senators McBride and Venables. (Senator Venables is on a very positive roll these days, having led the effort for the eminent domain abuse legislation working its way into law).

Shame on the Senate Democratic majority. Shame on Senators Adams, Blevins, Bunting, Cook, Deluca, Ennis, Henry, Marshall, McDowell, Peterson (Progressive!?!), and Sokola.========================================================================

This legislation is a disgusting affront to democracy that is a severely sad commentary on the depths possible from those who would control the political destinies and the constitutional freedoms of all Delaware citizens by further and further narrowing access to the electoral process.

To anyone reading this, I will be working to defeat this in the coming weeks, I ask you to make your voices known that you want your voices to be known on election day. NO EXCEPTIONS.

Comments

Anonymous said…
Thank you, Tyler, for your impassioned and rightful criticism of this legislation. I will be contacting my representative, Diana McWilliams, to urge that she vote against SB164, which would not endear her to party leaders but would be the right thing to do.
Unknown said…
Tyler: once again you come to the aid of our citizens, thank you. Is it not an affront to our intelligence for this ridiculous attempt to thwart democracy, and signed on by those claiming to be "progressive". Blevins and those supporting this idiocy will simply become part of the upcoming lawsuit here in Delaware, stay tuned.
Anonymous said…
The Independent Party of Delaware, in defense of the Constitution, condemns and deplores the odious SB164 as an arbitary and capricious attempt to abridge the right of the People (as members of the qualified electorate)to an equal vote and equal protection under the law. Its primative attempt to create a permanent electoral underclass of "unapproved" (alternative) write-in candidates is a blatant abuse of state power at the expense of sovereign individuals and a dispicable corruption of the founding principle of government by the consent of the governed.

As all government power ultimately stems from the People, we call upon our fellow Delawareans to resist this blatant form of tyranny by casting out its agents at the polls and by communicating their displeasure to their State Representatives in common defense of Liberty.

WE further call upon concerned citizens who seek office in the greater public interest to run on our ticket in support of the principles of Initiative, Referendum and Recall, Open Government and Repeal of Repressive Legislation to place
more power where it ultimately belongs -- in the hands of the People.

Pseudo-elitist politicians and would-be tyrants, who have forgotten their oath of office to uphold the federal and state constitutions by which they were elected in the first place, should be permanently retired by a popular landslide. The choice is yours: renewed popular sovereignty or perpetual political bossism. The power is in your hands.

Wolfgang von Baumgart
State Chairman,
Independent Party of Delaware.

wbaumgart@netzero.com
(302) 945-2646
Tyler Nixon said…
Wow. What can I say except Bravo, Wolfgang! Thanks for the impassioned support from you and also Elizabeth and Mike. Time is ultimately on our side, especially as absurd lowjinx like SB 164 are brought to the light of day to be vigorously opposed rather than slid through under the radar only to become footnotes as "signed into law" in the News-Journal's "legislative notes".

We the people cannot stand for our rights being eroded by one-sided narrow majorities of bare incumbent partisans like the Senate Democrats and Patty Blevins. What are these people really thinking? Honestly, what need is there for such onerous legislation? Are write-in votes really that much of a problem?

We need wholesale election law reform in Delaware. SB 164 is totally and utterly antithetical if not diametrically opposite to the type of reforms desperately needed to restore even a modicum resembling constitutionally-guaranteed "free and equal" elections.
Anonymous said…
In the face of such repressive legislation, The Independent Party of Delaware needs candidates to run in the greater public interest. We must defend our Liberty and Independence and cast out wayward politicians who have hijacked our government for special interest purposes.

Many state legislative nominations are open. Sign up before alternative parties are banned.

Contact: the IPOD @ (302) 945-2646

wbaumgart@netzero.com

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