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19 Jan 2012 By Jacob G. Hornberger A federal appeals court in Richmond has ruled
against GOP presidential candidate Rick Perry's
request to be placed on Virginia's GOP primary ballot.
The ruling came in an appeal of a U.S. district
court's ruling against Perry, Rick Santorum, and Newt
Gingrich that denied their request to be put on the
ballot. Talk about hypocrisy and double-standards! It
doesn't get any better than that. Virginia has one of the highest ballot-access
barriers in the country. That's why Virginia voters in
statewide races usually have only two candidates on
the ballot from which to choose — a Republican and a
Democrat. The ballot-access barrier is obviously directed to
anyone who does not share the political philosophy of
the two major political parties, e.g., the Libertarian
Party. The idea is to ensure that the two major
parties maintain a monopolistic lock on the state's
political system by inhibiting competition from
candidates who don't share their statist political
philosophy. Republicans and Democrats would say that there is
plenty of competition between the two parties. Sure,
just as there is competition between the National
Football Conference and the American Football
Conference. But the point is that it's still one
league — the National Football League — that is
divided into two football conferences. That's the way
it is in American politics. There is one major
political party — the Statist Party — that is divided
into two political wings, the Democrat Party and the
Republican Party. As we are seeing in the current presidential race
(with the exception of Ron Paul), there isn't any
difference philosophically between the GOP candidates
and President Obama. They share the same views with
respect to the role of government in society. They all
believe in, for example, Social Security, Medicare,
Medicaid, education grants, foreign aid, the drug war,
regulation, foreign wars, empire, the
military-industrial complex, torture, indefinite
detention, undeclared wars, the CIA, the Federal
Reserve, paper money, income taxation, government
management of the economy, and the other aspects of
America's welfare-warfare state. In a word, the two major political parties are
statists. They believe in a statist political
philosophy. Both Democrats and Republicans believe
that the primary purposes of government are to take
money from one group of people in order to give it to
another group of people, to control and regulate
peaceful behavior, and to police the world. What about the battle that takes place between the
two major parties? It's over control. Which party will
get to control the levers of the welfare-warfare
state? What about people who don't believe in statism,
such as libertarians? They're effectively shut out of
the process. Not totally, of course. It is possible to
meet Virginia's high ballot-access barrier but
everyone knows, including Gingrich, Santorum, and
Perry, that it is extremely difficult to do so. And
the barrier is clearly designed to lock candidates out
of statewide races who don't fit the statist mold and
who might wish to challenge the philosophy of both
parties. To get on the statewide ballot in Virginia, a
person must secure 10,000 signatures from registered
voters. That means he actually has to turn in about
17,000 to be safe, given that many signatures will be
invalid. That is an enormous undertaking, but one that the
two major parties are usually able to accomplish
easily, given their party's resources, prestige, and
manpower — until they have to compete against each
other and cannot rely on the party machinery to help
them out, as Gingrich, Santorum, and Perry have
discovered. Finding volunteers who have the time and expertise
to get such signatures is extremely difficult. So is
finding places to secure such signatures, given that
most private establishments don't want their customers
hassled by petitioners. Usually the person must
purchase the services of professional signature
collectors, who usually charge by the number of
signatures collected, valid or not. It gets worse. Out of the total number of
signatures, the person must secure 700 valid
signatures from each of Virginia's congressional
districts, which means about 1,500 signatures to be
safe. That means that the person and his fellow
signature gatherers have to travel all over the state,
expending money on hotels, meals, and gas, not to
mention taking time off from work. Why should a person have to get his 10,000
signatures from around the state rather than in one
area, like where he lives? After all, in an election
does it matter where a candidate's votes come from?
The answer is: to make it more difficult to get onto
the ballot to compete against the Statist Party in
statewide races. Virginia's ballot barrier also has racial
overtones. Suppose, for example, a poor, inner city
African-American wants to run for statewide office
based on his conviction that Virginia's (and
America's) drug war, which both Democrats and
Republicans favor, is racist to the core. What are the
chances that he and his friends are going to be able
to find places to gather and secure signatures from
some of the white, upper-crust areas of the state?
Indeed, what are the chances that they'd even have the
money to pay signature gatherers or pay for hotel,
meal, and gas expense traveling all over the state to
gather signatures? What are the chances that they
could take off from work to gather such signatures?
The chances are nil. For years, the Libertarian Party has complained
about such ballot-access barriers, here in Virginia
and elsewhere, to no avail. Throughout that time,
people like Gingrich, Santorum, and Perry have had
plenty of opportunity to come to the defense of the
Libertarian Party by trying to have ballot-access
barriers removed. Instead, they chose to remain passive — until now,
when it's their ox that is being gored. Thus, while
it's obviously ridiculous that major presidential
contenders are being kept off the ballot in Virginia
owing to the state's ridiculous ballot-access barrier,
there is at least some justice in seeing major-party
candidates being hoisted on their own petard. Jacob Hornberger is founder and president of the
Future of Freedom Foundation. |