August 14, 2008 - 12:45
News: Kentucky

Libertarian Party warns against ballot access challenges: ‘It may open Pandora’s Box’

After what has already been a turbulent election season for the Libertarian Party of Kentucky, chairman Ken Moellman said today that any challenges to ballot access for his party's presidential and congressional candidates would be ill-advised.

"A challenge shows desperation," Moellman told PolitickerKY.com.

Earlier this week, Polwatchers reported that Edward Martin - the Libertarian's candidate in the 3rd Congressional District - is a registered Republican. Such a status raises questions as to whether he can actually seek office as a Libertarian, according to state law.

"I don't suspect anyone will challenge," said Moellman. "If they did though, they would challenge Ed."

Moellman said allies of the Libertarian Party had researched the issue, and they are confident they have a defense for Martin's candidacy, should it be necessary. Martin has already collected and submitted the requisite signatures and paperwork to obtain ballot access, though his candidacy could still be subjected to a legal challenge, should one be registered.

Meanwhile, Libertarian presidential nominee Bob Barr, a former Congressman from Georgia, should be on the state's ballots, barring a successful challenge. Paperwork and signatures for his candidacy were submitted this week.

There was some concern about Barr's own petition for ballot access, as Libertarian canvassers and activists collected signatures for his effort along with those for former Libertarian U.S. Senate nominee Sonny Landham, of Ashland.

Landham, however, was stripped of his Libertarian nomination after a series of anti-Arab comments, and activists wondered whether this change may threaten Barr's access.

For his part, Moellman does not think a challenge is forthcoming, arguing the petition signatures were for a Libertarian slate of candidates.

"If a candidate withdraws from a race, that doesn't invalidate the slate," said Moellman, who provided an analogy using Kentucky's Republican Senior U.S. Senator and the presumptive Republican presidential nominee. "If Mitch McConnell withdraws from the race, that doesn't mean John McCain is not on the ballot."

In other states in the past, the candidacies of third-party candidates - such as Libertarians - and independents have been challenged by state Republican or Democratic Parties. Moellman said this often occurs when major party candidates are worried third party efforts may siphon away votes.

"Ballot access is key to success for any party," said Moellman.

He speculated that some frustrated Republicans in Kentucky may turn to Libertarian candidates, arguing economic issues may drive "Reagan Republicans" away from their traditional party. Still, Moellman noted that, with a sizeable lead in recent polls in Kentucky, Sen. McCain's campaign probably would not be worried about Barr's efforts in the state.

Should Moellman's logic about swaying Republican voters ring true, though, Martin could be a candidate subject to challenge, as he would be on the ballot in the 3rd District race where Democrat U.S. Rep. John Yarmuth (D-Louisville) currently holds a polling lead over opponent Anne Northup (R-Louisville).

At the prospect of an effort to knock Libertarians off the ballot, Moellman noted the national Libertarian Party had been waging a fight against certain ballot access provisions throughout the country. He indicated that if Martin or Barr were subject to any successful ballot access challenge, those same national resources would likely come into play in Kentucky.

"I would almost guarantee there would be a lawsuit involved," said Moellman. "If they do challenge, it may open Pandora's Box."

Trey Pollard is a PolitickerKY.com Reporter and can be reached via email at noreply@politicker.com.

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