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DonViejo

(60,536 posts)
Thu Jun 25, 2015, 11:24 AM Jun 2015

This Quirky New Hampshire Law Might Keep Bernie Sanders Off The Ballot

Presidential hopeful Bernie Sanders is on the rise in New Hampshire. But that might not matter if the independent senator from Vermont can't get on the Democratic ballot in the first-in-the-nation primary state.

Due to a quirky New Hampshire filing process — and Sanders' status as an independent rather than a registered Democrat — there are lingering questions about how easy it will be for him to file for the primary next year.

State law says that presidential candidates must be a registered member of the party whose primary ballot they are trying to get on. In fact, the Declaration of Candidacy they must fill out is fairly straightforward (emphasis added):

"I, ____, swear under penalties of perjury that I am qualified to be a candidate for president of the United States pursuant to article II, section 1, clause 4 of the United States Constitution, which states, "No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty-five years, and been fourteen years a resident within the United States." I further declare that I am domiciled in _____, in the city (or town or unincorporated place) of _____, county of ____, state of ____, that I am a registered member of the _____ party; that I am a candidate for the nomination for the office of president to be made at the primary election to be held on the ____ day of _____; and I hereby request that my name be printed on the official primary ballot of said _____ party as a candidate for such nomination."



more:
http://www.npr.org/sections/itsallpolitics/2015/06/24/416929786/this-quirky-new-hampshire-law-might-keep-sanders-off-the-ballot
21 replies = new reply since forum marked as read
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This Quirky New Hampshire Law Might Keep Bernie Sanders Off The Ballot (Original Post) DonViejo Jun 2015 OP
Has Bernie called himself a Democrat yet?... SidDithers Jun 2015 #1
Vermont doesn't have party registration. I doubt an attempt to block him would geek tragedy Jun 2015 #2
Did you read the full article?.... DonViejo Jun 2015 #5
First paragraph is interesting, but still not persuasive imo. geek tragedy Jun 2015 #11
So, the answer to my question is, "no, I didn't read it and I still haven't read it... DonViejo Jun 2015 #15
not sure that I've earned the hostile tone (have great respect for you) geek tragedy Jun 2015 #21
Was Dean a member of the Vermont Democratic Party? Spazito Jun 2015 #8
Quite some time ago, I wondered if Bernie would have a problem with this... Sancho Jun 2015 #3
Frankly if New Hampshire can't manage to put candidates on the ballot dsc Jun 2015 #4
You're missing the point. Renew Deal Jun 2015 #12
Martin O'Malley will have no trouble filling that out! snooper2 Jun 2015 #6
Yep. /\/\/\ dembotoz Jun 2015 #9
+1 nt. NCTraveler Jun 2015 #20
SSDD... catnhatnh Jun 2015 #7
Single Sided, Double Density snooper2 Jun 2015 #10
Yes.. catnhatnh Jun 2015 #14
Well you cannot expect them to just give up. Rex Jun 2015 #17
Return of FUD n/t arcane1 Jun 2015 #18
Apparently, years ago, another candidate in a similar situation was allowed on the ballot Vinca Jun 2015 #13
This is silly. The DNC will be happy to certify Senator Sanders MineralMan Jun 2015 #16
He will be on the ballot. NCTraveler Jun 2015 #19

SidDithers

(44,228 posts)
1. Has Bernie called himself a Democrat yet?...
Thu Jun 25, 2015, 11:28 AM
Jun 2015

Or is he an Independent, running to be the nominee of the Democratic Party?

Sid

 

geek tragedy

(68,868 posts)
2. Vermont doesn't have party registration. I doubt an attempt to block him would
Thu Jun 25, 2015, 11:29 AM
Jun 2015

hold up in court.

Howard Dean made the ballot in 2004, despite not being registered as a Democrat.

DonViejo

(60,536 posts)
5. Did you read the full article?....
Thu Jun 25, 2015, 11:33 AM
Jun 2015

e.g., these two paragraphs:

He did appear on the Democratic primary ballot in Vermont for the Senate in both 2006 and 2012, winning their primary, but he declined the nomination both times so he could run as an independent. Still, the avowed socialist has always caucused with Democrats and is even ranking member of the Senate Budget Committee.

Former Rep. Charlie Bass, R-N.H., says that isn't enough evidence for the Vermont senator to make the cut, especially with his explicit rejection of the Democratic nomination in his state twice.
 

geek tragedy

(68,868 posts)
11. First paragraph is interesting, but still not persuasive imo.
Thu Jun 25, 2015, 11:58 AM
Jun 2015

Bass is a retired Republican lawmaker--not sure his voice matters.

DonViejo

(60,536 posts)
15. So, the answer to my question is, "no, I didn't read it and I still haven't read it...
Thu Jun 25, 2015, 12:11 PM
Jun 2015

even though you posted two paragraphs from the article as examples of some of the opposition to Sanders being on the ballot."

Here's one more paragraph that may serve as inspiration for your further reading:

Gardner noted that if Sanders does put down Democrat and there are any challenges to the validity of that, or if he is rejected outright, disputes would be heard by the New Hampshire Ballot Law Commission. The five-member committee is made up of three Republicans and two Democrats.

 

geek tragedy

(68,868 posts)
21. not sure that I've earned the hostile tone (have great respect for you)
Thu Jun 25, 2015, 12:52 PM
Jun 2015

I've seen articles on this subject before--it's been discussed for months here.

Bottom line is that I just don't see this keeping Sanders off the ballot, just like superdelegates were never going to decide the 2008 race.

If Clinton has any sense, she'll tell her folks to avoid challenging this. She can certainly defeat Sanders in NH, getting him kicked off would be a classic pyrrhic victory.

Spazito

(50,661 posts)
8. Was Dean a member of the Vermont Democratic Party?
Thu Jun 25, 2015, 11:39 AM
Jun 2015

If so, maybe that would make a difference?

I see Bernie listed on their site as an elected official and I'm assuming they're fine with his run.

I think it would be wrong to stop him from being able to run in NH on what amounts to a technicality in my mind.

Sancho

(9,072 posts)
3. Quite some time ago, I wondered if Bernie would have a problem with this...
Thu Jun 25, 2015, 11:30 AM
Jun 2015

but there are so many state laws and interpretations, it's had to say what will happen. One danger of not having a clear party affiliation is that you paint yourself into a corner.

The simple question to me though, is a practical one. Does this show good judgement?

dsc

(52,175 posts)
4. Frankly if New Hampshire can't manage to put candidates on the ballot
Thu Jun 25, 2015, 11:31 AM
Jun 2015

then it shouldn't have this important of a primary. Sanders is the ranking member of the budget committee which should be enough for him to get on the ballot. His vote for majority leader counts as much as Clinton's and Webb's did when they were casting them.

Renew Deal

(81,901 posts)
12. You're missing the point.
Thu Jun 25, 2015, 12:01 PM
Jun 2015

He needs to affirm that he is a member of the party he is running in. He can't do that.

Vinca

(50,343 posts)
13. Apparently, years ago, another candidate in a similar situation was allowed on the ballot
Thu Jun 25, 2015, 12:02 PM
Jun 2015

so Bernie should be fine.

MineralMan

(146,359 posts)
16. This is silly. The DNC will be happy to certify Senator Sanders
Thu Jun 25, 2015, 12:17 PM
Jun 2015

as a Democrat. There is no registration by party in Vermont. Sanders caucuses with Democrats in the Senate. There is not a chance in Hell that NH will refuse to put him on the primary ballot. I'm sure he has already turned in that form.

This is a completely false issue. We should not waste our time with it.

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