Ney replacement may not be able to run

[nascar55]

From the Ohio 12th: "In an interesting twist, a law passed last year by a Republican-controlled state congress designed to hamstring Ted Strickland may prevent Joy Padgett from replacing Bob Ney on the ballot"

http://www.oh-12.us/

[BleedingHeartPatriot]

1. Ah, karmic blowback is a beautiful thing.

:rofl: MKJ

[Sydnie]

2. Good, I hope it sticks it to them

and sticks in their throats too!

[NMDemDist2]

3. ROFL

sweet!

[Mayberry Machiavelli]

4. I'm sure the "solution" will be to just disregard/ignore the law.

[zbdent]

9. SOP for the GOP

[hatrack]

21. Kind of like Mitt Romney and that pesky "residency" thing, right?

:puke:

[OzarkDem]

5. They'll probably pass a new law

The GOP controlled junta in Ohio does what it pleases without concern for anything.

I hope it sticks, but don't be surprised to see a special session to pass a new law, pronto.

[Divernan]

6. The GOP called it the Sore Loser Law

Keep in mind the wannabe GOP candidate is the same smarmy Joy Padgett who smeared as "soft on terror", Terry Anderson, who had been held captive by the Hezbollah for 7 years.

Sore Loser Law
August 8th, 2006 by Brian Guilfoos
In an interesting twist, a law passed last year by a Republican-controlled state congress designed to hamstring Ted Strickland may prevent Joy Padgett from replacing Bob Ney on the ballot.

In one of their typical nasty little maneuvers, the Republican-controlled state legislature in June, 2005, stuck a torpedo amendment in a budget bill designed to prevent Strickland from running for Governor AND re-election to his House seat at the same time. At the time, Strickland was still trying to make up his mind whether to run for governor. Republicans thought this restriction would reduce his options.

The amendment, in H.B. 3, “prohibits a person from being a candidate for federal office and a state or county office at the same election,” according to the Ohio Legislative Service Commission. Their analysis went on to say that the amendment “specifies that a person who seeks nomination or election to a federal office and a state or county office at the same election must be disqualified as a candidate for each office that is not a federal office.”

Since Padgett was on the primary ballot as Jim Petro’s running mate for governor, this law would presumably prevent her from running for federal office in the same election cycle.

[OzarkDem]

7. GOP is an insult to Ohio government

Bringing government to the level of the FAUX News Show.

[gratuitous]

8. Isn't Ney's situation the same as DeLay's?

That is, isn't Ney the Republican candidate for the House seat, winner of the primary? Which means that the Ohio Republican party is defying the will of the people in trying to put another name on the general election ballot. Joy Padgett didn't win the GOP primary; Bob Ney did. So it's Bob Ney's name on the general ballot or nobody's, right? Isn't that the law?

What am I saying? Holding Republicans to the law! What was I thinking?

[elehhhhna]

10. sounds close. mwahahahah!

[acmejack]

11. It would depend on the Ohio Constitution!

http://www.harbornet.com/rights/ohio.txt

Searchable document of Ohio State Codes

Search under SOS

[IronLionZion]

12. Oh I hope Zack Space wins

but the GOP is capable of anything, especially in the corrupt state of Ohio.

[LSK]

13. HAHAHAHAHAHAHAHA

I hope all those laws the GOP passed come back and bite them in the ass.

:rofl:

[DWilliamsamh]

14. Hate to play the Grammar card but.......

Hate to break it to you but read the section of the law quoted again:

“specifies that a person who seeks nomination or election to a federal office and a state or county office at the same election must be disqualified as a candidate for each office that is not a federal office.”

"...Disqualified as a candidate or each office that is not a federal office." (Emphasis mine) It seems pretty clear that this law was intended to keep federal candidates from being able to "fall back on" a state elected office if they loose their federal race. Not the other way around.

Don't get me wrong, I'd like to see the Republicans hoisted on their own Petards as much as the next guy. It's just this isn't an example of that lovely eventuality

[Lupeyg2]

15. Read on in that link....

Read on in that link from www.oh-12.us by Brian Guilfoos. He further states:

"If you run for office of any kind and lose the primary, you apparently cannot run for any office that same general election with the exception of the state BOE, local BOE, governing board of an educational service center, or township trustee. IANAL, but this would appear to make it illegal for Joy Padgett to run for Bob Ney’s congressional seat."

It looks as if you may have been correct with your first assumption, that the language itself wouldn't have had an effect on her running in Ney's spot.

[DWilliamsamh]

20. Again with the grammar....

The poster's opinion on the link supplied isn't relevant... it's what is in the law that counts.

And the only reason I am even drawing attention to this conflict between what seems to be a hopeful interpretation and the law as written, is because I am sickened by the twisting and down right disregarding of law by the Republican Administration and the Republican's who control our legislature. I don't want us to even LOOK like we are doing the same crap as that band of criminals.

I hope for our party the same thing I hope for our nation: No matter how low the adversary sinks, we will stick to our principles and follow the rule of law. We will accept what the law (and by extension the Constitution) says regardless of whether it is "in our favor." And we will work within the system to make that system better for as many of our people as possible. Then maybe by being a shining example of integrity, the rest of the nation (and hopefully the world) will come round to our way of thinking.

Oh and don't get me wrong. I don't think the post here, or the posted link, was made with any "intent to twist or deceive." I just think it was a case of wishful thinking.

[Lupeyg2]

22. Acutally...

It does later say that in the law...that was not strictly an opinion, but his own understanding of the law based on what is stated.

This is what the law states

"No person who seeks party nomination for an office or position at a primary election by declaration of candidacy or by declaration of intent to be a write-in candidate and no person who is a first choice for president of candidates seeking election as delegates and alternates to the national conventions of the different major political parties who are chosen by direct vote of the electors as provided in this chapter shall be permitted to become a candidate by nominating petition or by declaration of intent to be a write-in candidate at the following general election for any office other than the office of member of the state board of education, office of member of a city, local, or exempted village board of education, office of member of a governing board of an educational service center, or office of township trustee."

[DWilliamsamh]

23. Ok... Maybe I'm nit picking ....

but there is nothing in that section that would prohibit someone who ran for Governor (a state office) from running for and in fact being elected to national office. It is not with in the rights of the states to set criterion for holding a federal elected office. That power rests with Congress.

The State can only say who can't be a STATE elected official. In this case the state is saying no candidate for national office (President, House Of Reps or Senate) can run for state office in the same election - not vice versa. Its not a two way street.

[nascar55]

25. OIC

You are saying the Law allows one to run for Fed office if they ran for state office in the same year. But If you ran for Fed office you can not run for a state office in the same year. So it is just a state matter?:freak:

[DWilliamsamh]

26. Exactly. The law cited does not seem to apply to this situation [EOM]

[nascar55]

27. See I am

Smart even though I watch Nascar LOL :beer:

[DWilliamsamh]

28. Never thought otherwise....

I will be seeing the ballad of Rickey Bobby soon as well... although I must confess I can't stand watching guys make left turns at 170mph for two or three hours! LOL

[Recursion]

16. Cool, though I doubt it would stand up to a court challenge

The Constitution is very clear that the House and Senate alone can determine the qualifications for the members, and I would imagine the same logic that has interpreted that to prevent term limits would also interpret it to strike a sore loser law.

[yellowcanine]

18. I think you have it correct. Federal law trumps state law here. Of

course that will not prevent it from becoming a campaign issue though, should Padgett run. But I think that may be the least of her problems, as she also has the issue of being hand picked by the crook himself to run in his place. I say let her run and beat her fair and square on her ties to Ney.

[mhatrw]

19. Leave it to Republicans to go to court to overturn their own law.

And, of course, they have plenty of activist judges who are happy to oblige.

[Brian at OH-12]

29. Holy cow, I'm on Democratic Underground...

First, I'm surprised I'm on here!

Second, that the requirements for federal office are set by
the federal government would explain the slightly odd phrasing
in the first part of the law (if you are already declared for
federal office you are ineligible to run for state office, but
not vice-versa).  However, I still believe the second part of
the law is not conclusive - it does seem to imply that she is
ineligible (by Ohio law) for federal office, which would be
unconstitutional.

Really, it's funny more than anything else.

[nascar55]

30. Welcome

I read your Blog.

[nascar55]

31. I read your Blog

I live in the Ohio 12th and saw what you posted and thought others should know also so I posted a link to your Blog. BTW I work for Emily Kreider.

[robinlynne]

17. yippeeeee!

[Orion The Hunter]

24. In the immortal words of Nelson Muntz...

"Ha Ha!"