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Clerk wants ballot lawsuit thrown out
County Commissioner Joelle Riddle: Rule unfair to unaffiliated candidates
Herald Staff Writer
State and federal courts have dismissed identical lawsuits in the past, Daley says.
Riddle, who disaffiliated from the Democratic Party on Aug. 21, learned too late that Colorado law requires candidates to be affiliated, or nonaffiliated, for at least a year before they can petition to be on the ballot. The deadline Riddle missed was June 15, leaving her only the option of being a write-in candidate.
Durango attorney William Zimsky, who is representing Riddle pro bono, said Friday the state doesn't deal forthrightly with independent candidates.
“Colorado has a long-but-not-proud history of making it difficult for independents and candidates affiliated with minor parties," Zimsky said. “The state has no constitutional authority to set rules for them."
Zimsky said if Riddle wanted to appear on the ballot with a major party, she could have reaffliliated with the Democratic Party by Nov. 2, and she still has until late February to affiliate with the Republican Party. Also, he said the Democrats could change their rules and bring her back into the fold.
A former La Plata County Democratic Party chairwoman who was elected in 2006, Riddle sued. She said no deadlines exist for the two major parties, an advantage that discriminates against small political parties and independent or unaffiliated candidates. As a write-in candidate, Riddle said, she would face almost insurmountable odds.
Three La Plata County residents - Carol Blatnick, Wayne Buck and Mandy Mikulencak - who Riddle says would vote for her if she were a candidate, are co-plaintiffs in Riddle's lawsuit.
In their response to Riddle's allegations, Daley's attorneys John S. Zakhem and Matthew J. Cassady say the commissioner's lawsuit is groundless.
“Colorado's right to impose an unaffiliation requirement upon candidates for partisan elected offices has been challenged in both state and federal court on identical grounds in the past," the attorneys say, citing two cases. “Plaintiffs have presented no claim or allegation that would give this court reason to diverge from the holdings of either (case)."
Riddle's assertion that she is being deprived of the equal protection in the 14th Amendment of the U.S. Constitution doesn't apply in all cases, Zakhem and Cassady say. Courts must balance one situation against another. They say: “The Equal Protection Clause does not require things which are different in fact or opinion be treated in law as though they were the same. Nor does it demand that a statute necessarily apply equally to all persons. Only where similarly situated individuals or groups are treated differently does an equal-protection violation exist. If the groups are not similarly situated, there is no equal-protection violation.
“The United States Supreme Court also held that even where individuals or groups are similarly situated, not all classifications and disparate treatment offend the Equal Protection Clause. In fact, the court stated that 'classification is the essence of all legislation, and only those classifications which are invidious, arbitrary or irrational offend the Equal Protection Clause.'"
Colorado law requires a 12-month affiliation for major and minor party candidates as well as a 12-month period of nonaffiliation for unaffliliated candidates, the attorneys say. Even if the 12-month nonaffiliation period were - for the sake of argument - disparate treatment, the state's interest in protecting the political system against frivolous candidates outweighs equal-rights protection, they said.
Zakhem and Cassady cite a supporting U.S. Supreme Court ruling that found a state's interest in stabilizing the political process is “not only permissible but compelling and (outweighed) the interest the candidates and his supporters may have in making a late, rather than an early, decision to seek independent ballot status."
They also cite a Colorado Supreme Court ruling that discourages “potential candidates prompted by short-range goals, pique or personal quarrel."
When Riddle disaffiliated in August, she said she could represent all county residents better as an independent.
The switch didn't sit well with Democrats, who recalled the party support she received in 2006. Democrats also have taken issue with a couple of Riddle's votes as a commissioner and in 2008 her display of an election campaign sign outside her house boosting Republican Kellie Hotter. The sign was next to one for Democrat Peter Tregillus, who was running against Hotter.
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Durango Herald Calendar of Events
Friday, December 25, 2009
at 10:09:42 PM
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mr. taxpayer says...
Her ex-party must have only elected her as long as she voted party line. No room for thinking. As for the sign in her yard am I to believe that she was supposed to just slap up a Pete Tregillus sign like a good little lemming? Good for her for standing up for what she believed was the right thing. She already has my vote regardless of her affilitaion simply because she uses her brain. Much better than these party line, automaton, mindless two party monkeys running your government. Why did you vote that way? Because I'm a Democrat, Duh! How bout' you? Because I'm a Republican , Duh! Great system we have in place isn't it? And you keep putting these idiots back in office bacause of the flippin' letter next to their name!
Friday, December 25, 2009
at 6:09:15 PM
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County Taxpayer says...
"As a write-in candidate, Riddle said, she would face almost insurmountable odds."
It's not just being a write-in candidate that will make it tough on her in an election, it's mostly about Ms. Riddle being out of touch with the electorate.
Friday, December 25, 2009
at 4:39:08 PM
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thinker says...
Jim, I respectfully disagree. While she should have done a little more homework, fact is the entire government from city to national favor the 2 party system. The laws make it next to impossible for an independent or 3rd party person advance much further than city council. San Miguel county has the ONLY 3rd party sheriff in the nation.
I applaud Riddle's integrity and not just voting along party lines. Once out nation momentary forgets abortion, death penalties, etc... we will see that both parties are only interested in 2 things; 1) advancing their party 2) re-election and 'consulting jobs' after politcal carreers.
This is why the Dems and Repubs are so adamant that 3rd parties be treated differently, they know that a rising third party want automaticalyl be tied to the banks and military like BOTH parties currently are.
I support Joelle Riddle, she is a great lady, great neighbor, and I will do all I can to see that she is re-elected!
Friday, December 25, 2009
at 11:54:37 AM
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Denise Bohemier says...
Dale, It isn't that Joelle learned too late that she would only be able to run as a write-in candidate; Joelle did not do her homework before she made the rash decision to leave the Democratic Party when her votes on issues such as the fracking issue were questioned. When she found out what the consequences of her actions were, she was not happy and filed suit. These actions, as well as her placing Kellie Hotter's sign aside Peter Tregillus' during the election, are just examples of the indecisiveness and lack of preparation with which Joelle has carried out her role as County Commissioner. Add a frivolous lawsuit where it is likely the tax payers are footing the bill. Perhaps Joelle, you should step down now and save the county the consequences of anymore of your less than thoroughly thought-out decisions.