[candidate-development] Fwd: MA Formal Complaint from Kat Swift

[Larry Ely]

GRP,

    This is a formal complaint from Kat Swift addressed to the Sec. of 
State and to me.

Larry Ely



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>Date: Tue, 04 Mar 2008 18:30:11 -0800
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>Subject: MA Formal Complaint
>From: "kat at voteswift.org" <kat at voteswift.org>
>To: tetrahedrons at crocker.com
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>
>your CC
>
>--
>
>William Galvin, Secretary of the Commonwealth
>
>One Ashburton Place, Room 1611
>
>Boston, MA 02108-1512
>
>
>MK Merelice & Nathaniel Fortune, Co-chairs
>
>Green-Rainbow Party
>
>PO Box 440353
>
>Somerville MA 02144-0004
>
>office at green-rainbow.org
>
>
>25 February 2008
>
>
>Honorable Secretary William Galvin
>
>Co-Chairs Merelice and Nat Fortune,
>
>
>I, the undersigned Green Party Presidential Candidate, am filing this as a 
>formal complaint with both the Massachusetts Secretary of the 
>Commonwealth's office and the Green-Rainbow Party (GRP) requesting action 
>to mitigate the preferential application of requirements to candidates 
>placed on the GRP Presidential Primary ballot for 2008.
>
>
>Each of the candidates listed below (with the exception of Jesse Johnson) 
>received an email on or around November 22, 2007 clearly outlining the 
>GRP's requirement of a statement of intent to be received by the co-chairs 
>of the Green Rainbow Party to be placed on the GRP's primary ballot.
>
>
>Given the accelerated timeline created by the last-minute legislative 
>decision to advance the Massachusetts primary date, concerns were raised 
>at the GRP State Committee that getting all signed letters by the new 
>December 6th deadline for submission of candidate names might be 
>impossible. I agree with the GRP co-chairs that expecting to receive all 
>such letters signed by the December 6th deadline was potentially 
>impossible. So I accept their decision to accept emails in addition to 
>signed letters.
>
>
>However, I have since found out that no such email or letter of intent was 
>received from Mr. Ralph Nader or any person representing a formal Nader 
>Presidential campaign. This had measurable consequences on the Primary of 
>February 5th, 2008, when the voters were supplied with candidate choices 
>on a ballot in which had not been placed there under the same legal 
>requirements. Mr. Nader had not met the same requirements that the other 
>candidates were required to at that time.
>
>
>Similarly, if the required notification from each of the presidential 
>candidates was not in fact required, then Jesse Johnson who had actively 
>pronounced his intent to run should also have been included on the GRP 
>Presidential Primary Ballot. Yet he was not. In addition, Jesse Johnson 
>was misrepresented, by the GRP co-chairs, as stating he did not want to be 
>included on the ballot, when, in fact, he was not contacted at all.
>
>
>The lack of action to remedy this situation by February 5th, 2008 by the 
>leadership of the GRP gave ballot access and the opportunity to receive 
>delegates to the National Green Party Nominating Convention to one 
>candidate, Mr. Nader, without his having to meet any of the requirements 
>put forth as well as denying the same access and opportunity to a declared 
>candidate, Jesse Johnson.
>
>
>Circumstances now require that the Massachusetts Secretary of Commonwealth 
>office assist the Green Rainbow Party leadership in mitigating the impacts 
>of this unfair placement of Mr. Nader on the GRP Presidential Primary Ballot.
>
>
>The Secretary of the Commonwealth's office was able to independently 
>verify the candidacy of all the other candidates' names submitted to them 
>by the GRP co-chairs except Mr. Nader. Furthermore, the only contact 
>information provided to the Secretary's office by the GRP co-chairs for 
>Mr. Nader was not actually for his campaign at all (which did not in fact 
>exist at that time), but rather that of a third party "Draft Nader" 
>organization. The Secretary's office took the important and necessary 
>legal step of questioning the submission of Mr. Nader's name by the GRP 
>co-chairs, however, lacking any independent or direct confirmation of the 
>Mr. Nader's candidacy at that time, the Secretary should not have included 
>Mr. Nader's name on the GRP Presidential Primary ballot.
>
>
>The Secretary of the Commonwealth did not attempt other possible 
>verifications, such as requesting documentation that had been received by 
>the GRP Co-chairs to verify all candidate compliance with the 
>requirements, nor did the Secretary decide not to include Mr. Nader's name 
>when no communication from him or his campaign had been received by the 
>date by which the Secretary had to submit the ballots for publication for 
>the Presidential Primary of 2008.
>
>
>I, hereby, demand mitigation of the harm created by the unfair and illegal 
>advantage given to Mr. Nader, as well remedy of that which was denied to 
>Jesse Johnson. The GRP must provide some formula or procedure which would 
>more closely replicate the results of an unspoiled primary ballot and use 
>that to allocate delegates to the National Green Party Nominating 
>Convention. We candidates must be made party to the decision approving any 
>such remedy. I further enjoin the Secretary of the Commonwealth's office 
>to assist with and expedite the implementation of any such remedy provided 
>by the GRP.
>
>
>I look forward to your prompt attention to this matter and reply at your 
>earliest opportunity
>
>
>Sincerely,
>
>
>
>Kat Swift, Green Presidential Candidate
>
>
>CC: Candidates Jesse Johnson, Cynthia McKinney, Kent Mesplay
>
>
>CC: Michelle Tassinari, Elections Division, Secretary of the Commonwealth
>
>Larry Ely, Secretary, Green-Rainbow Party
>