Sunday, April 22, 2012

Bd. of Elections & Ethics, Unethical Games??

With all the recent community distress over unethical, questionable, and even criminal behavior by our elected representatives, you would think the BOEE would be delighted to support parties that have not been involved that way. Alas, this is not the case.

Several of our Statehood Green Party political activists asked supporters to write them in for "Shadow" Senator and Representative, and several Ward races. It was our understanding the Statehood Green Party member who received the most votes for each position would then be PRINTED on the November ballot, provided they filed an Affirmation of Write-in Candidacy by Friday after the Primary. Several of us have done so, but have been informed that the a greater number of names of people NOT in our party had been written in. Therefore, we would NOT be PRINTED on the November ballot.

Apparently, the same thing happened in 2010, when more people wrote in the name of Democrat Adrian Fenty for the Republican race than voted for the listed Republican candidate. Thus, the Republican was not listed in November. This was clearly wrong for them, and for us. Any minority party can be deprived of the opportunity to run known candidates if this injustice prevails. Below you will see some of the email struggle we have begun. Please spread this story far and wide.

EMAIL TO: Alysoun McLaughlin, BOEE (, April 21, 2012

I am deeply disappointed at the anti-democratic spin your legal counsel has put on the current write-in situation involving Mr. Schwartzman, myself and several other DCSGP write-in candidates. DC residents and voters are feeling quite distressed about fully loaded SUVs, funds stolen from youth sport programs, etc., I should think the BOEE would want to make all legal efforts to enable as many qualified candidates as possible to compete. For the moment our Party is not big enough to expect victory at the polls. However, knowing we will be printed on the ballot makes it that much easier for us to participate in events where residents can hear some of the new and creative ideas our activists have and will be presenting for their consideration.

If BOEE has a goal of stifling creativity and dissent, then your legal counsel's ruling is certainly a good way to achieve that. Please be assured that our distress at this ruling is not going to go away. Today I was talking with someone connected with the ACLU, tomorrow...??

Sincerely, G. Lee Aikin, affirmed candidate for "Shadow" Representative

EMAIL TO: Alysoun McLaughlin, April 21, 2012
Subject: Question for Alysoun McLaughlin regarding our conversation yesterday

Dear Alysoun McLaughlin,

Based on what the rule says below I conclude that all persons who received write-in votes for an office in our Party's Primary who were not registered members of the DC Statehood Green Party on the day of the Primary election should be declared ineligible and therefore 605.6 says "all votes cast for that individual shall be counted as invalid ballots" and "605.7 If a write-in winner is declared ineligible, the Board shall, in accordance with applicable statutes and rules, determine and declare a winner from among the eligible candidates." Therefore, I conclude, based on the information you shared with me yesterday on the write-in candidates and count that Lee Aikin and I should be declared a winner and be placed on the November ballot for the Shadow Representative and Senator respectively, similarly whoever won the write-in among our verified candidates, if any, for other offices in the April Primary election.

Unless this regulation has been repealed I fail to see any legal justification for the precedent you cited to me in our phone conversation yesterday made by the DC BOEE General Counsel Kenneth J. McGhie that since a Democrat received the highest write-in vote for Shadow Senator and Representative on the DCSGP Primary ballot our votes would not be counted.

Please provide for me a link to the ruling by Mr. McGhie that you cited in our conversation yesterday. Has the Adopted Rule listed below been repealed? Again please provide a link to an new regulations pertaining to this issue.

Best wishes,
David Schwartzman


605.1 Within three (3) days of the date on which an Affirmation of Write-in Candidacy is filed, the Executive Director or his or her designee shall issue a preliminary determination as to the eligibility of the affirmant to be a candidate for the particular office sought.

605.2 Notice of the determination shall be served immediately by mail upon any affirmant found to be ineligible.

605.3 The determination shall be based solely upon information contained in the Affirmation of Write-in Candidacy and upon information contained in other public records and documents as may be maintained by the Board.

605.4 The determination shall in no way be deemed to preclude further inquiry into or challenge to such individual’s eligibility for candidacy or office made prior to the certification of election results by the Board and based upon information which is not known to the Board at the time of the preliminary determination, or upon evidence of changed circumstances.

605.5 The criteria used for determining eligibility to be a write-in candidate shall be limited to the appropriate statutory requirements for the particular office sought.

605.6 If it is determined that a write-in nominee is not eligible to be a candidate all votes cast for that individual shall be counted as invalid ballots.

605.7 If a write-in winner is declared ineligible, the Board shall, in accordance with applicable statutes and rules, determine and declare a winner from among the eligible candidates.

SOURCE: Final Rulemaking published at 27 D.C. Reg. 3805 (August 29, 1980), incorporating the text of Proposed Rulemaking published at 27 D.C. Reg. 2768, 2773 (June 27, 1980); and further amended by Final Rulemaking published at 30 D.C. Reg. 5289, 5296-97 (October 14, 1983).

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