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A Play in Two Acts ==

Live by the Sword, or Be Careful What You Wish For.

Beach Bum

More great news for the Republican Party- awesome.

However, it is nice knowing that not all the GOP's whackjobs live in LC or PWC.

Pie on the face of the 1st District dweebs. Williams will not only be on the GOP Primary ballot- but he'll win 60-40.

I don't even think the committee has the authority to do this. Do they? This looks awful suspicious to me.

What looks "awfully suspicious " is the Senator's campaign.

Vivian J. Paige

I talked to Marty Williams earlier this evening. He said if this action was taken, he would be running as an independent.

I guess we'll know soon enough.

I see a lot of suspicion but not alot of facts. I would be suprised if SBE intervenes.

Cory Chandler

As I explained on the other thread ( http://notlarrysabato.typepad.com/doh/2007/05/republican_chai.html ), this has no effect on the primary ballot. This is far from a big deal.

calculator

This is interesting but the unit who was not represented at this meeting has over half of the votes in this legislative district. So there was no quorum for the meeting and without a quorum, no actions can be ttaken Votes for legislative districts are weighted based on past elections and Newport News has over 50% of the weighted vote. There could never be a legal meeting under the Republican Party Plan without Newport News being present. There is no such legal vote as a 3-0 vote at this type of meeting.

George Templeton

So why go through this charade if they can't boot Sen. Williams off the ballot? Why don't they just do everything they can to help his primary opponent?

John Caldwell

There was a Quorum, and you don't know your rules as well as you think you do! The Newport News delegation was notified by certfied mail. They rejected the mail as "unsolicited" and failed to appear for the meeting. Newport News was notified by email, certified mail and by phone. The fact that they didn't show, does not preclude those who did, forming a quorum. So Marty's buddy, who certified the fraudulent petitions, ended up destroying Marty in the end. Please, I know there is a compulsion for some of you to attempt to make everyone think you "know everything"! But you don't. There was a sincere and documented attempt to fix this with all the people concerned.

Now Williams must step down and run as, what he truly is, RINO. Only now he'll have to drop the "R". Williams is no more a Republican than Hillary. Although Hillary votes a lot more conservative than Williams does!!! Get over it. Your boy got caught doing something crooked and wrong, and now he has to face the music. The only people that will suffer from this are the developers, big tax-n-spend folks, all the people who give Marty "gifts" for his votes, and the people who make his signs. Oh, speaking of "signs". Anyone notice that NONE OF MARTYS SIGNS says "Republican" on them? Coincidence?

What you nit-pickers are failing to comprehend, is that this whole episode has given elections, politics, government and the entire process a black eye, because Williams conducted a crooked campaign. Get off your high horse long enough to think about the good of the people of the Commonwealth of Virginia. Only a handful of people know the actual inner workings of this mess and you are not one of them. Stop pretending that you are! No one who is close to this is impressed.

It wasn't done lightly, it wasn't done vindictively, it was done to keep the process clean, open and honest. Williams has done none of those things.

Marty Williams arrogance and disregard for the laws, rules and people of Virginia have finally come back to bite him!

So what has been accomplished if the 1st district GOP runs Williams out? He would win hands down as an independent and with a potential of 20/20 senate he caucuses with the Dems to keep his chairmanship an potential for seat on finance. All I can say is this is "nuts" man!

"it wasn't done vindictively"

Yea right!

Alex P. Keaton

Tricia Stall for State Senate... wow...

Not Jack Herrity

This is a publicity stunt. Marty Williams' name submitted by the first district chair and was certified by the State Board of Elections to be on the primary ballot. I'd be very surprised if they take his name off.

This is just a publicity stunt by the Stall campaign. A very good one, mind you, but a stunt all the same.

NJH

Cory Chandler

Mr. Caldwell,

Quorum requires attendance. Notice of a meeting that doesn't result in attendance doesn't allow those who do show up to create a quorum. See Robert's Rules of Order Newly Revised, 10th ed., section 40 at p. 334, lines 5-6 ("The quorum refers to the number of such members present . . . .") (emphasis in original).

If you believe otherwise, please provide, as I have done, a pinpoint citation to the proper parliamentary authority.

Calculator,

Thanks for the interesting information. I hadn't realized that the Newport News delegation hadn't been represented and that a quorum wasn't present.

Mr. Templeton,

I don't know why they're doing it, but it has all the effect of standing in front of a wall, yelling "You're a tree" at the wall, and waiting for the wall to sprout leaves.

An interesting side-effect is this: when the SBE gets the letter, the letter will go to the AG's Office. What will the effect of Bob McDonnell's office's advice that the SBE reject this maneuver cost him among this fringe of the Republican Party?

BigDog

What a shame (and a sham). The Stall supporters obviously don’t know the law (actually they do but that doesn't serve their purposes). Only a district Chairman can certify a candidate. The self-appointed members of the district committee have no standing in this process. Their little meeting was nothing more than a publicity stunt for Marty’s opponent.

calculator

Mr Caldwell,

You might wnt to read the party plan of hr Republican Party of Virgnia before you make the statements you did about a quorum. Accordin to the rules, 1/3 of the votes can call a meeting with a weeks notice. However, as stated above by Mr. Chandler, without over half of the votes being present,there was no quorum. The AG will send this back to the party and the rules for disputes will send this first to the District Commitee and then to State Central. The SBE and the AG will say this is an party matter and as the party has a mechanism to address it, they have no place in this.

John Caldwell

I have read the rules, I understand the rules, and I have read the Code of Virginia and understand exactly what 24.525 means. Just because I don't agree with your view, does not make me wrong! The issue most are ignorning(on purpose I suppose) is that Williams has gotten his name on the ballot through fraudulent means. A SITTING 12-YEAR INCUMBENT STATE SENATOR HAS HIS NAME ON THE BALLOT BECAUSE FELONIES WERE COMMITTED BY HIS PEOPLE. You can play the word game all you want, but don't think this has been lost on people who vote! Plus Williams has already shown his true colors by saying he will run as a "independent". What a sleaze! He'll just have to drop the "R" off his INO label.

Those of you posting that "don't know the law" are standing on the side lines, pretending you know what is going on, when you actually don't. Let the party and laws run their course and get ready to eat some crow!

If indeed there was NOT quorum, it is only because Dr. Rothfuss was knee-deep in this whole thing himself. Refusing a certified letter as "unsolicited"? Come on.

James Young

Whether the meeting was legitimate or not, whether this is a publicity stunt or not, and whether Williams is a "RINO" or not are all pretty irrelevant to the most important element, which is that Williams is running an incompetent and/or felonious campaign. I know virtually nothing about Williams, Stall, and this race. But the Party as objective arbiter of the rules would seem to me to have virtually no choice in this case. Moreover, if the District Chairman certified him as a candidate notwithstanding these irregularities, one has to wonder whether he will face criminal liability.

Pete in Williamsburg

John,

I'm one of those people on the sidelines. And as an outsider looking in, it just seems like a motivated group was ready to pounce on any opportunity to get rid of Williams.

In your own post, you started with a review of what laws were broken, but you couldn't help but complain about how he is a "RINO." And, you suggest he would be a "sleaze" if he bails on the party and runs as an independent.

If he weren't a "RINO," I wonder if this same cadre would have lit the torches and led the charge to find a reason to oust him.

Again, I'm an outsider who only knows as much as I've read here. And, my opinion has no effect on this matter. But, I'll still give you my penny's worth: This appears to be less about a group dedicated to the law and more about a horde angry with some of his votes... or maybe it has to do with some political rivals who are tired of waiting for a seat to open?

Bruce

As my old law professor used to ask: "What does the law say? What are the rules?"

If the RPV says a quorum is 50%+1 of the members of the committee present, a quorum was present.

If the RPV says a quorum is 50%+1 of the potential votes present, a quorum was not present.

Can someone cite the rules defining what must be present to constitute a quorum?

James Young

Your point is well taken, Pete. As I have frequently advised unit chairmen on the issue of parliamentary order, it's amazing what you can do when nobody objects.

But proceeding rapidly in a meeting on unanimous consent is different, it seems to me, than violating the explicit terms of Virginia law and then asking everyone to overlook it.

Williams might well have gotten away with it, had no one objected. But someone once observed rightly that the mark of integrity is what one does when no one is looking. And whether Williams' political opponents are opportunists or not is irrelevant, too, since it was Williams who apparently gave them the opportunity.

James Young

My wife once chaired one of these committees, Bruce, and my recollection is that she was, for all practical purposes, the Committee, because the unit she represented constituted a majority of GOP votes in the preceding election.

I'm simply not sure what the answer to your question is, though I'll bet David Ray knows it.

Cory Chandler

Calculator,

I'm sorry to break the bad news, but as Mr. Talley pointed out on the corresponding threads on Bearing Drift and Virginia Virtucon, Article VII, Section B, of the State Party Plan only requires a majority of voting members to be present for a quorum, not a majority of Republican Party Voting Strength votes.

So, there was a quorum for the meeting even if Newport News wasn't represented and Newport News has more than 50% of the RPVS vote. Quorum is based on number, not on RPVS vote.

Not Jack Herrity

Okay, John, I'll bite. Election law is not my legal expertise, but I've got some basic knowledge of the process. Can you explain to me how 24.525 knocks Marty Williams off the ballot or makes him guilty of a felony?

No one has yet proven that Sen. Williams was complicit in this scheme. The only thing that seems evident is that his legislative aide went out and got the signatures and then used her grandmother as the witness of record because her nursing home was in William's district. That is definitely illegal, but without more evidence to tie Williams to the scheme that makes his legislative aide guilty of a felony, not Williams.

In primary processes, the state legislative district chairman is the person who certifies the ballot petitions. In that sense, they act as a proxy for the SBE, which certifies petitions in certain circumstances (ie, for independent candidates). I don't see any mechanism in the State Code to reverse a legislative district chairman's certification of a candidate for the ballot. Because it is a primary, once the candidates are certified the whole thing is out of the party's hands and SBE starts running the show.

Again, what I'm looking for is for someone to tell me the mechanism in the State Code that would allow the Republican Party to force Marty Williams' name off the ballot once he's been certified. I don't think there is one and no one has yet been able to cite what authority these folks are using to "decertify" a candidate.

NJH

Cory Chandler

NJH,

There's no way to get him off the primary election ballot. There's a way to get him off the general election ballot if he wins the primary, though, as I just explained in the thread at Bearing Drift.

Not Jack Herrity

Sorry, that's 24.2-525 for those of you scratching your heads.

24.2-527 is the section of Code dealing with who gets on the primary ballot. That section basically says it's up to the party's legislative district chair, whose name is officially forwarded to SBE by the party. So Dr. Henry could've even put Hamilton "Ham" Sandwich on the ballot and as long as Ham is qualified to serve, he's on the ballot.

NJH

George Templeton

This would be a very hollow victory for conservatives. Forcing Williams into an independent run and thus endanger this seat that the Democrats could win in a 3-way race is not a good idea any year and a TERRIBLE idea this year!

Here is some information that might help with all the “informed speculation” above.

First go to http://www.sbe.virginia.gov/cms/documents/Cidates/Bulletins/07Nov_GenAssembly.pdf and read for yourself what a candidate must do to qualify to be on a primary ballot. If he/she does not do this, there is no basis for a legal candidate certification.

Second, here is what it says for a Senate candidate:

“D. Petition of Qualified Voters

This document is prepared and distributed by the State Board of Elections.
Petitions containing at least the number of signatures required for the office sought must be filed together with the Declaration of Candidacy. Petitions must be filed by all primary and independent (non-party) candidates. Petitions cannot be circulated until after January 1, 2007.

1. Petition Circulator

Petitions can be circulated either by the candidate or any person who is, or who is eligible to be, registered and qualified to vote in the Senate or House of Delegates district in which the candidate is seeking election. The person circulating the petition must affirm before a notary or other person authorized to administer oaths, that he personally witnessed the affixing of the signatures. Falsely taking this affidavit is a felony under Virginia law. The circulator can NEVER leave the petition unattended, e.g., left on the counter at a grocery store, restaurant, etc.

2. Number of Signatures Required

Petitions must contain the signatures of at least the number of qualified voters listed below.

— for Senate of Virginia
- 250 signatures of qualified voters of the Senate district;
-
— for House of Delegates
- 125 signatures of qualified voters of the House district.
-
The State Board recommends that a candidate get at least half again the number of signatures required to assure that enough signers are qualified voters.”

Third, here are the facts about petition circulators from the State Board’s FAQ section.

“A. Who may circulate a candidate's petitions?

A candidate may circulate his/her own petitions but is not required to do so. A candidate’s petitions may be circulated by any person who is, or who is eligible to be, a qualified voter of the Senate or House District in which the candidate is seeking election.

The person circulating the petition must affirm before a notary or other person authorized to administer oaths, that he personally witnessed the affixing of the signatures. Falsely taking this affidavit is a felony under Virginia law. The circulator can NEVER leave the petition unattended, e.g., left on the counter at a grocery store, restaurant, etc.”

Here are the forms required.

REQUIRED FORMS
*1. Declaration of Candidacy
*2. Petitions of Qualified Voters
3. Receipt for Payment of Primary Filing Fee
WHERE TO FILE
District Chair of the Political Party Committee
FILING DEADLINE
No earlier than Noon,3/27/2007 and no later than 5:00 p.m.,on 4/13/2007
Finally, the State Board information notes this:

“Any person who fails to file all the required forms by the above deadline MAY NOT have his name printed on the Primary Election ballot.”

Here’s my read. If persons who collected these signatures did so illegally, they face a felony charge.

If the candidate encouraged this act, he could be caught in a conspiracy.

Simply “knowing” about it might be a problem too since the Declaration of Candidacy form he submits to the District Chair has these words printed on it: “THIS DECLARATION OF CANDIDACY MUST BE FILED WITH PETITIONS CONTAINING THE REQUIRED NUMBER OF SIGNATURES OF REGISTERED VOTERS”. This means that the petitions are proper and legally executed by a notary. If he knowingly submitted false petitions, and I am not suggesting he did, one might ask how he can sign declaring himself to be “a candidate for office” when he knows the petitions are illegal? I would argue that would be making a false official statement.

Interested Observer

I just wonder how you go about pulling a guys name off the ballot after the ballot has already been certified - even if his petitions are out of order. I suspect that the SBE and the courts would err on the side of including him instead of knocking him off mid-stream.

Also, anyone who thinks that adherence to the law is a motivator here is crazy. It is simply political opponents using all the levers available to them to win - remember that Democrats went after Dick Cheney's newly established "Wyoming" registration as a fake registation in 2000. Same thing here.

Not Jack Herrity

Anon, that's all fine but here is the key issue: the legislative district chair is the only person who certifies a candidate in this process, and there is no process to "decertify" a candidate once certification has been made.

The SBE has no authority over the primary process until the candidates are certified to them. The LD chair is the final authority and I can find nothing in the Virginia Code (or the SBE candidate bulletin you cited) that allows the party, an individual, or even the SBE to question the authority of the legally-appointed legislative district chair.

As for whether the person who circulated the petitions can be charged with a felony in this instance, I think that is an open issue. I spoke with an election law attorney earlier today who suggested that a criminal charge would not be proper because the certification process is controlled by the party, not SBE. In other words, Williams' aide may not have broken the law because the law does not apply if it is a party-controlled process. I'm not sure whether I agree with that, but it's an interesting take.

NJH

Cory Chandler

NJH,

Do you mean the person who "certified" the petitions or the person who "circulated" the petitions?

If the facts alleged are true, the affiant is almost certainly guilty of violating Va. Code Ann. Sec. 18.2-434. It's not too far a stretch to believe there was subornation of that perjury by the circulator, because the circulator would know that the affiant's affidavit was false.

That the affidavit is on a petition submitted to a party official rather than the state doesn't lessen the oath administered by the notary or its falsehood.

Grumpy

Brian Kirwin

Is a Stolle boy! He ran a campaign two years ago against sitting republican incumbent and his tax and spend candidate lost! So why does Brian Kirwin work only for tax and spend losers?

John Caldwell

So the Felon Marty Williams, has his supporters, trying to blame his opponent for this? Too much! How desperate he has become. This was a party function. Party people observed the law being broken and informed everyone, including Williams and his opponent Stall. Now Williams, the pathetic fraud that he is, has taken to blaming Stall for all this. So the Williams campaign commits a felony, but somehow this is now Stall's fault or as Williams has tried to paint it, "smear campaign"!!!! I'm sure you same people are the first to blame the victims in the case of rape. "Oh she was asking for it"!

Williams has committed a felony to get on the ballot. Simple and pure. Nobody to blame but himself. This isn't going to make it easier for a "3-way race" with a democrat, its going to put a geniune conservative into the seat and a fraud con-artist out on the street. Let him run as an "Independent". He'll just have to drop the "R" and run as an "INO" now!

I don't care which party you are a member of, VOTER FRAUD is wrong and the offenders should go to jail for a long time. Don't make excuses for this criminal incumbent state senator, put him in jail, where he belongs.

re the last post from Mr. Caldwell: Thick fellow that I am, I entirely missed how/when Mr. Williams acquired "felon" status. It's a rather serious and damaging label to have to carry around. One can only assume that there are criminal records somewhere that clearly show that Mr. Williams was convicted and sentenced. How then, have the voters ignored this during his service in the Senate?

Fortunately for Mr. Caldwell, truth is a defense in these circumstances. Mr. Caldwell must know about something that has eluded everyone else or he otherwise would be feeling very, very vulnerable for uttering such strong language.

I'm sure I am not alone in looking forward to finding out what's behind so grave a charge. (Obviously, it has nothing to do with the petition irregularities. No charges have yet been filed against the campaign worker involved, let alone the Senator).

John Caldwell

No charges filed? Really? Where do you get your information? Which campaign worker are you refering to? Sarah Gerringer, the Legislative Aide or her grandmother, Ruth Gerringer, who falsely signed the petitions? Or the Hampton Election officials wife who falsely circulated the petitions then didn't sign them because she didn't live in the district? Which felonies are you refering to? So many to choose from.

Last time I checked signing an affidavit falsely, was in fact a "Felony" and this was done numerous times to get Williams name on the ballot. If felonies were committed to get Williams name on the ballot, its hardly stretching the truth to label Williams a felon! But when you only get 269 signatures to get your name on the ballot, I can see why you are desperately trying to deflect taking any personal responsibility for your campaign Mr. Williams!

Grumpy

Folks - Mr. Kirwin is a political whore, who is currently working for an incumbent who committed adultery, and was placed on the ballot in a questionable fashion. Which included his legislative aide. Why has Sen Williams not fired her, or has he already fired her up but knocking her up? Is that why she is still employed as a state employee? Mr. Kirwin giver advice only the devil would appreciate.

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