No V.I. law prohibits partisans running for one office as independents while holding and running for party offices, an attorney for V.I. independent gubernatorial ticket Soraya Diase Coffelt and John Canegata argued in court Tuesday, while asking for a temporary injunction overturning their candidacy’s rejection.
The V.I. Elections Office rejected the nominating petition for lieutenant governor candidate Canegata last week, saying that, as a registered Republican, he cannot legally run on a nonpartisan ticket with independent Coffelt, giving Canegata three days to resubmit.
Coffelt and Canegata declined to resubmit, instead challenging the ruling in court. They asked the court to issue a temporary restraining order to allow their candidacy to move forward while they await the court’s final ruling on the dispute.
Representing the V.I. Election System, Assistant Attorney General Carol Thomas-Jacobs cited a passage of V.I. law saying "any person running for public office must run as a candidate consistent with the political party designation under which the candidate is registered at the time of the filing of the nomination petition."
She argued V.I. law lays out two pathways to candidacy: one for party members and one for independents and nonpartisan groups, and candidates must pick one or the other.
Thomas-Jacobs also pointed out Canegata signed a nominating petition to run on an independent ticket while holding the Republican Party state chairmanship and while running for that party office in the same election. Running as an independent while actually being a Republican would confuse voters and create chaos in the election process, she said. And allowing it would disrupt the Republican Party’s selection of its own candidates.
U.S. District Judge Wilma Lewis pressed Thomas-Jacobs for specific statutory language that expressly prohibited a registered partisan from running as an independent for one office, and as a partisan for another.
Thomas-Jacobs paused, and then said the statute was not explicit, but taken as a whole, any other interpretation would be unreasonable because it would mislead voters and weaken the system.
Andrew Simpson, attorney for Coffelt and Canegata countered that because there was no Republican primary or candidate for governor and lieutenant governor this year, there would not be any confusion or interference with the primary process.
"It’s not as if we are going to have a Republican running against a Republican," he said.
Lewis asked Simpson where the law allowed a candidate to register as a party member and also run for office as an independent. Simpson said the question was not where it was allowed, but that there is nothing in the law prohibiting it.
As for voter confusion, Simpson said the Supreme Court had ruled that voters should be broadly trusted to understand what they are doing, citing a 1986 case, Tashjian v. Republican Party. In that case, the court ruled that the Republican Party of Connecticut could permit independent voters to vote in Republican primaries, despite a state law forbidding it. The court ruled that the voters should be trusted to be able to understand voting in the primary. Canegata’s circumstance is nearly the converse, in that instead of inviting nonpartisans to vote in a primary, he wants to run as an independent and also remain a partisan.
Lewis asked Thomas-Jacobs what legal harm would ensue if Canegata and Coffelt were successful. Thomas-Jacobs pointed largely towards voter confusion and potential harm to the primary process.
"I don’t think it is fair to be in one party and yet you get to be identified on the ballot as something else," she said. "A person who made a conscious decision to not vote for either party but vote instead for an independent would be voting for a Republican," she said.
Allowing Canegata’s interpretation of the law would profoundly affect the primaries of all parties, Thomas-Jacobs said. "If Democrats could skip the primary and run as independents but also as Democrats, it would render the primary and party process moot," she said.
Lewis asked Coffelt and Canegata what harm they would suffer if the court did not grant a temporary restraining order. They said it would effectively prevent them from being able to raise money and campaign while there is a cloud over the candidacy.
Lewis said she would consider the arguments and filings of both parties and issue a ruling on the TRO "promptly." Both sides are to submit briefs to the court on a permanent injunction in the next week, with a final ruling from the court expected in July.
“A person who made a conscious decision to not vote for either party but vote instead for an independent would be voting for a Republican.”
I thought we voted for who we think would do the best job, not whether they are Republican, Democrat, or Independent. Is that what we have been reduced to? To voting for a label instead of a person? If this is how we vote, no wonder governments all over the world are so corrupt, falling apart, in such disarray. Well, at least we are hearing the truth, and straight from the government’s mouth. They want us all to vote for a particular party, not an individual that is going to do what is right for the people.
“a Republican” . . . Oh no say it isn’t so! Like the Organizer and all the Dems have done such a great job of things in Washington. How much is gas again? How many people outta work? How much are the groceries? That inept Organizer and his Democrat zombies have ruined this economy and continue to look the other way and cover their damaging ways with lies and more lies. Who did the Organizer just release from GITMO. I know, I know, nothing some free stew goat and fry fish can’t cure.
Do you mean ‘Republicans?’ The party of racist tea baggers, S. Palin, Joe the plumber, George Bush, ugly southern women like Mrs. Bush Sr. and Jr., so-called conservatives who drive V-8 trucks but wanna cut Wic and free food for the homeless. That party? John would have faired better by cutting all ties as fast as one of his guns can shoot.
I agree with “plcox” this a blatant example of the two faced individuals in the V.I. Government, both elected and those intending to run for a senate seat.
For those brainiac’s arguing about Republicans and Democrats and what is going on in the states, it has nothing to do with what’s going on in the territory. All they do is show their racist views, but unfortunately people continue wearing their board shades and allow the stupidity to flourish.
As a service member, I applaud the President in bring that soldier home, I’m sure his family feels the same way. You keep listening to FOX news and keep taking their words to heart, live your life as to what they broadcast, it’s obvious that you’re not from the territory but you would love to live in paradise, well you are in it now buddy.
Stand firm.
The law says that anyone seeking public office must do so as they are registered on the day they file their nomination papers. One can’t file as a independent/no party ticket and at the same time have a registered party member on the ticket. Tickets don’t file nomination petitions, registered voters do. Tickets don’t seek public office, registered voters do. The ticket argument doesn’t wash. Anybody who is running for public office, “unaligned with a party” like Diase-Coffelt and Canegata are, should be registered as a “no party” at the time of filing. Tbat means the impetus is on Mr. Canegata to change his registration from Republican to no party. That’s how I see it.
Palin a racist? Tea Party racists? Republicans racist? Whoa, Chilli, you need to learn your history and lay off the Kool Aid.
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http://russp.us/racism.htm
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I’m sure that the black Tea Party leaders would question your characterization of they’re being racist. You might want to read up some Thomas Sowell as well.
Incorporating black members, does not disqualify the tea party movement from being racist.
You should know your history and study up on the likes of Ernest C. Withers and others who were traitors to the Civil Rights Movement. The tea party that is comprised of 80% white (reporting); 18% (not reporting); 2% (various races and backgrounds). 88% of the party voted in favor of the Arizona Immigration Bill that allows stop and identify statutes for suspected illegals. You know, Racists!
Black republicans are losers….Just ask Herman Cain, the former republican presidential candidate. They asked him how he intended to beat Obama and his reply was, “With a Cain.” Amazingly enough, when he started leading in the primary, his OWN GROUP OF REPUBLICANS embarrassed him off his high horse. Now, when they ask Obama how did you beat Herman Cain, he can reply, “With Three White Women.”
Don’t get me started. I may be Chilli, but my Kool Aid is starting to boil.
Leave it to some yahoo to bring the US bull down to the territory.
Thank you STX Voice. Very well said. If they want to discuss the mainland, move back to the mainland. We aren’t the mainland, and the sooner we all realize this, the better off we will be. I don’t know why anyone would even want to bring that nonsense down here to begin with.
“With a Cain” LOL, don’t you get it? That’s his name! LOL. You should thank your lucky stars that Jim Jones is not longer alive. Black Republicans are successful thinkers who reflect the very principals of this nation and the principals of MLK. If Herman Cain had become president the nation and the territory would be economically way better off than the disaster that is taking place now. We so needed and deserved a successful businessman/woman in the WH in 2012 to undo the damage the Organizer has done and is doing every day. You like the price of groceries? Gas? It’s all connected. And to say that the Tea Party is racist is proof of a true misunderstanding of who they are: Less government and lower taxes. Gee that sounds like a terrible thing. There is absolutely NOTHING racist about the Tea Party. But it is a progressive talking point that continues to spread lies to those who are easily duped – that person who actually believes that the magician cuts the woman in half would also believe the Tea Party is racist.
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Chilli, I know that you truly believe what you believe but I must say that much of what you have expressed and understand to be true is simply not true. Playing the race card is old and tired – check the expiration date. I prefer to follow MLK’s teaching when he prefers to judge people by the content of their character and NOT the color of their skin.
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The magician does not really cut the woman in half. I expect to be tricked by a magician but not by my president.
Thank you plcox777. Living in the states has thought me a few things, one of them is that these ” United States are not united at all! Going on the political scene and what’s going and has been going on at least for the last decade, is that there is about 5% partisan decisions presented that May give some (poor and disenfranchised) people a relief from a harder life while living in the states. In the case of the “Tea Party” whom was wholly against then presidential candidate Obama, was the most extreme example of how racist the Republican Party is. I couldn’t understand or even agree with any logical thoughts at all in what they we’re try sell to the public. However I’ve come to the conclusion that they are a conglomerate of wealthy business owners, money movers as such collectively, remember the fiasco with Wall Street not so long ago? Well the President broke the barrier they created and have an intent to pass some fairness in the U.S. But the GOP will not allow that to happen.
Hidden racism is still racism in my book. As far as what’s going on in our beautiful territory happens to be the work of our elected officials, for the past almost 8 years. Five more months, hopefully we do better with our candidate selections. By the way, where is the Six Million plus dollars those senators had a hold of?
My opinion is mine and there may be a few others who think the way I do, most may not, either way, mi naw tek back mi chat. Power to my V.I. People, one day we will be out of the turmoil we’re in currently, we’ve got faith. One Love..
Stand firm.