Wednesday, September 25, 2013

Letter to the Editor: Carlos Tango, John Killian & Realistic Balance Petition to Court Update

 Letters to the Editors are published as a courtesy to readers and do not necessarily reflect the opinions of the Insider staff. Below is a letter to the Editor from Realistic Balance Candidate for Mayor John Killian. Recently,  the Attorney General of the State of CT  ruled that any third party candidates be eliminated from the ballot had they not submitted signatures to the local Town Clerks offices by reason of state statute adopted in 2011 mandating  individual signatures from all those endorsed by a third party. Killian and Fred Carrol, running for Common Council on the Realistic Balance line petitioned the court to reinstate the names on the ballot.
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Killian
This is a matter for consideration inside and outside the courtroom.

This is where I see this going:

IN THE Middlesex Superior COURT OF THE STATE OF Connecticut

PETITION FOR A WRIT OF MANDAMUS

To the Honorable Judges of the Middlesex Superior Court:
Your Petitioner, Fred Carroll, states as follows:
1. The Town Clerk of Middletown has removed from Middletown's 2013 municipal ballot candidates nominated by the Realistic Balance Party against the will of several nominees.
2. The Town Clerk sites a statute brought to the Town Clerk's attention that requires all nominees to sign the document communicating the party's nomination before a deadline that has now passed.
3. The interpretation of the Town Clerk of the City of Middletown does not match the precedent for nominations in the 2011 municipal election, when similar nominations were put in force without candidates being required to sign the form communicating their nominations.
4. No form is published that would guide a candidate to comply with the statute being cited.
5. The Town Clerk was unaware of the statuatory requirement before the deadline, but is preventing compliance with the statute after said deadline has passed. Every indication that all requirements to appear on the ballot were communicated to the Realistic Balance Party prior to the passing of the deadline.
6. No ballots have yet been printed by the City for this election.
7. Any candidates not wishing to appear on the ballot are not restricted from removing their names, but candidates who do wish to appear are being removed.
8. When the City of Bridgeport ran out of ballots in the 2010 state election, it abridged the time limit mandated by a well known statute requiring the polls to close at 8 PM. Erring on the side of enabling voter participation is a well established precedent in our state and nation.
9. Similar relief for candidates, who are perfectly willing to sign any document communicating their wish to be on the ballot, is a reasonable remedy for these honest mistakes on the part of all parties.
10. The rights of the Realistic Balance Party to participate in this year's election will be dramatically undermined due to the evisceration of its ballot presence.

WHEREFORE, Petitioner requests that a Writ of Mandamus issue out of this Court directed to the Town Clerk of the City of Middletown, commanding the Town Clerk to reinstate all candidates nominated by the Realistic Balance Party at its August 27, 2013 caucus who state in writing with their signature their desire to be on the ballot

Respectfully submitted,
 TBD
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Great story in the Baltimore Sun about Middletown's Realistic Balance Party:
http://www.baltimoresun.com/topic/hc-election-minor-party-0921-20130920,0,3035301.story

As is so often the case, those who repeat history are doomed to learn from it.
http://johnpauljustlikethepope.blogspot.com/2013/04/downtown-drive-thru-abbreviated-history.html#electionDoOver

John Kilian

P.S. - new bilingual entry at
CarlosTangoPorMayor.blogspot.com

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