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Barclay Wins IP Line

by: politics64

Mon Feb 25, 2008 at 18:29:43 PM EST

(Looks like Daddy was able to deliver the IP line for young Will after all. What this means for all those Jefferson County ballots with blank slots, I don't know. This looks like a mess for the poor BoE folks. - promoted by phillip anderson)

Cross posted from the Newsday Blog:

In 48th S.D. race, Barclay gets back "I" party line
Republican Will Barclay's bid for an upstate State Senate seat got an eleventh-hour boost as the Court of Appeals late Monday put him back on the Independence Party ballot line, on the eve of his special election against Democrat Darrel Aubertine.
The Court of Appeals ruling overturns two lower court decisions which had stricken Barclay's name from the minor party ballot in the neck-and-neck race on which Republican control of the state Senate might hang.
Republicans currently have a 32-29, edge, but if Democrats win, some say that one or more GOP lawmakers could switch sides.
UPDATE: The high court, in a 7-0 decision, found that "Aubertine is not an aggrieved candidate" because, as a non-party member, he lacks standing to challenge the party's compliance with its own rules.
Rick Brand
Posted by Rick Brand on February 25, 2008 6:24 PM | Permalink

7-0 decision and What to they mean that Aubertine was not an aggreived party?

(Ed note: Title edited - phillip)

politics64 :: Barclay Wins IP Line

Tags: Barclay, Appeals Court, IP Line, Aubertine, Special Election SD$*, (All Tags)

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Barclay Wins IP Line | 7 comments

Is oh Crap! really that bad a word? (0.00 / 0)

it captured my emotion when I read it!

by: politics64 @ Mon Feb 25, 2008 at 20:37:39 PM CST

by: you @ soon

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not at all (4.00 / 1)

it's just really poor messaging.

TODAY is day one. It always is.

by: phillip anderson @ Mon Feb 25, 2008 at 22:05:48 PM CST

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by: you @ soon

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third parties in New York (4.00 / 1)

What to they mean that Aubertine was not an aggreived party?

The short version is Aubertine doesn't have the right to sue (he doesn't have standing) because he's not a member of the IP. The merits of his case don't come into play because he doesn't have the standing to make those arguments. To draw an analogy, if a tabloid slanders you I can't sue the tabloid because I am not the aggrieved party.

That's my pop lawyer take on it.

Follow me on twitter: http://twitter.com/SteveinNYC

by: SteveinNYC @ Mon Feb 25, 2008 at 21:01:00 PM CST

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Agree (0.00 / 0)

Daddy got Willie off on a technicality. Proving once again that aggressive and well-funded lawyering can easily bully aside meager attempts at grassroots-level democracy. They've had generations of practice, after all.

by: robinia @ Tue Feb 26, 2008 at 12:46:12 PM CST

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I guess what confused me is that I thought the suit was brought by (0.00 / 0)

Barclay all along. But I guess the initial suit was Aubertine and Barclay was the one bringing all the appeals? The seven Judge court has I believe two Cuomo and one Spitzer with four Pataki appointees. At 7-0 I guess they just fekt that Aubertine's original challenge lacked merit because he was not an aggrieved party as he was not a registered IP candidate to begin with. I wonder if the Jefferson IP folks who endorsed Aubertine had brought the suit if the decision would have ended differently? At any rate, Barclay was denied the ability to place Independence on all his campaugn material and the absentee ballots so that is something good!

by: politics64 @ Tue Feb 26, 2008 at 14:11:27 PM CST

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probably (0.00 / 0)

I wonder if the Jefferson IP folks who endorsed Aubertine had brought the suit if the decision would have ended differently?

My understanding is they would have the standing to contest the endorsement on the grounds that they're party members. But, while the law is still being fleshed out on this point, the higher party body can overrule the lower party body.

As always, I'm a pop lawyer, and my understanding of election and campaign finance law is based on experience and not the more traditional route.

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by: SteveinNYC @ Tue Feb 26, 2008 at 15:45:45 PM CST

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