Applying the Code Would Disadvantage the Democratic Cause

[keno]

Kansas Supreme Court: Ignore Kansas' Election Code, If Applying the Code Would Disadvantage the Democratic Cause—Ace
As you will remember, the Democrats urged Chad Taylor to drop out of the senatorial race because, being a Democrat, he was doomed to lose. An independent on the ballot had a better chance to defeat incumbent Republican Pat Roberts, and the Democrats wanted all anti-Roberts votes to flow to one candidate.
So Taylor dropped out of the race, notifying the Secretary of State just an hour or so before the deadline.
However, the code says that a candidate cannot effect a withdrawal at this late stage unless he is "unable" to perform the duties of office if elected.
Taylor wasn't so "unable" to perform his duties -- he was just unlikely to win.
Election codes are usually interpreted strictly -- unless a Democrat needs them interpreted loosely.
And thus, a new Torricelli Maneuver, assisted by the judiciary, again:
 Kansas must remove the name of the Democratic candidate against Republican Sen. Pat Roberts from the ballot, the state Supreme Court declared Thursday, in a unanimous ruling that could influence the fight for control of the U.S. Senate.
The court's decision leaves Democrats without a candidate, potentially making it easier for independent candidate Greg Orman to defeat the three-term incumbent. Republicans have counted on Roberts winning re-election in GOP-leaning Kansas as they seek to recapture a Senate majority.

 

So this one will be harder.
"Pursuant to:" The court based its decision on a strange construction of those words.
 t all came down to the meaning of “pursuant to.”
In his brief letter to the secretary of state, Taylor requested his name be withdrawn "pursuant to K.S.A. 25-306b(b)" -- the state law requiring one to be incapable of serving to be removed from the ballot. Citing the Black’s Law Dictionary definition of the phrase as "in compliance with; in accordance with," the court ruled Taylor in his letter "effectively declares he is incapable of fulfilling the duties of office if elected."
 

So even though he did not actually declare his inability to perform, as required by the law, and even though he obviously is not unable to perform (this is simply a tactical maneuver), he said he was withdrawing "pursuant to" the law, and the court will fill in the words for him and Deem and Pass him as having said he could not perform his duties.

[hoosier_daddy]

weird, unconstitutional law.  if it really is one.  how can it be constitutional to not allow someone to NOT run for office, stupid fuck?

[wvit1001]

Kansas law says party nominees can have their names removed from the ballot if they declare that they'll be incapable of fulfilling the duties of the offices they seek. Taylor's letter said that he was leaving the race "pursuant to" the relevant law but did not say why, and he's never publicly given a reason for dropping out.

"We conclude the plain meaning of 'pursuant to (the law)' contained in Taylor's letter effectively declares he is incapable of fulfilling the duties of office if elected," the justices said.

http://www.foxnews.com/politics/2014/09/18/kansas-senate-race-state-supreme-court-orders-democrat-chad-taylor-removed-from/





he declared that he was incapable of fulfilling the duties of his office didn't he?  He sent them a letter saying that.  That's all the law says he has to do, it doesn't say anything about him owing anyone an explanation of why.

[jst-the-fax]

wvit,

you neocoms are a funny bunch...when you know you can't win fairly...you have to concoct a scheme to win using underhanded means. 

[Byteryder]

Games. Political games.  That is all we have left of what was once a functional Republic.

[hoosier_daddy]

wah fucking wah.  somebody dropping out of a race is a crisis.  if you are a moron. 

[Dardmex]

hoosier daddy & wvit1001 --- Adhering to the U.S. Constitution is for suckers... and Republicans!  We do what we WANT!

http://www.dailykos.com  ...............  http://www.MoveOn.org

[hoosier_daddy]

the constitution?  dropping out of a race if you want?  go fuck yourself, moron.