McCain sues to get on New York ballotBy Beth J. Harpaz, Associated Press, 12/23/99
''John McCain deserves to be on the ballot here in New York and
the scores of New Yorkers who support him deserve the opportunity
to vote for him,'' said Staten Island Borough President Guy
Molinari, who is heading the Arizona senator's New York campaign.
''That's what this suit is about. It's that simple.''
McCain hopes to get his name on the ballot as a challenger to
the party front-runner, Texas Gov. George W. Bush. The New York
primary will be held March 7.
The lawsuit, filed Wednesday, challenges rules that require
candidates to collect about 20,000 signatures from registered party
members, including a certain number of signatures in each of the
state's 31 congressional districts. This can be especially
challenging in parts of the state like New York City where there
are few registered Republicans. It also means that a candidate must
set up petition drives in 31 separate areas.
And because legal challenges to the signatures are so common,
candidates attempting to meet the requirements typically try to
collect three times the minimum number of signatures to make sure
their final list will pass muster.
A spokesman for the Bush campaign said the Texan ''is very proud
to have grassroots support in New York.''
''Today's action is indicative that Sen. McCain lacks grassroots
support in New York,'' said the spokesman, Ari Fleischer. ''How
else do you explain why he was able to qualify in Virginia but not
New York?''
Fleischer described Virginia's petitioning process as comparable
to New York's because it also requires collecting a certain number
of signatures from party members in every congressional district.
But Molinari insisted that McCain is popular here just not all
that well-equipped. He called McCain's forces in New York an
''all-volunteer army'' and added: ''There isn't a state in the
entire union that has laws that are so onerous as New York state
laws. And never before in New York state history has that become
clearer than this year.''
A spokesman for the state Republican Party did not immediately
return a phone call for comment.
The lawsuit was filed in federal court in Brooklyn by McCain,
R-Ariz., Molinari, and political activist Larry Rockefeller.
Similar claims were made by Steve Forbes in a lawsuit filed in
1996 that persuaded a federal court to place his name on a
Republican primary ballot that year.
The lawsuit was prepared by the Brennan Center for Justice at
the New York University School of Law and Emery Cuti Brinckerhoff &
Abady, the same legal team that litigated the 1996 case.
''The New York State Republican primary has maintained its
record as the least democratic election in the nation,'' Brennan
Center President E. Josheua Rosenkranz said in a statement.
''Elections are supposed to express the voters' choice. Laws that
arbitrarily restrict that choice to one or two candidates are
blatantly unconstitutional.''
|