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Jeff Branscome writes about Spotsylvania County.

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Herb Lux loses lawsuit

A U.S. District Court judge dismissed today  Spotsylvania County resident Herb Lux’s lawsuit against the State Board of Elections.

You can read about the lawsuit here.

Lux filed suit because the Board of Elections rejected the petitions he submitted to run in the 7th Congressional District. State law does not require a candidate for the House of Repsentatives to live in the district he or she is running for, but the person who collects the petitions must be a resident of that district.

Lux gathered most of his 1,220 signatures, and he lives in the 1st District.

Today, Judge Henry E. Hudson upheld a motion to dismiss filed by Attorney General Ken Cuccinelli.

Richmond Times Dispatch

Permalink: http://news.fredericksburg.com/spotsygovt/2010/08/27/herb-lux-loses-lawsuit/

  • LarryG

    I’m not a supporter of LUX who has a sketchy and checkered reputation but I do think that the current law – favors the two political parties and disadvantages individual unaffiliated citizens who want to run – without being affiliated with either party.

    Which, if you think about it – is part of the problem in our country today – that the Dems and the Republicans essentially own the process and neither one of them particularly cares what citizens think – except at election time.

  • bhaas

    I want to ditto Larryg’s comments.

    Both of our “national” political parties are completely out of control. Their utter lack of concern, particularly in Washington DC, is tantamount to criminality. Candidates from both parties will tell you whatever they believe will get them elected; once elected they will promptly tell you to go to h***.

  • http://cruisetip.tpkeller.com TPKeller

    I don’t really have a dog in this fight, but I don’t really see how enforcing this particular law in the election process favors or disfavors independent candidates.

    The law says that only current residents may circulate petitions, and he was not.

    I would sort of hope that someone running for the legislature might actually try to understand the law better than that.

  • SteveThomas

    Yeah, I am not sure that I disagree with the laws surrounding who should run for office. The law allowing state residents to run outside their home makes sense to discourage gerrymandering someone outside their district. Also, the petitions should be collected by a district resident to avoid paid staff being hired to throw an election. Those make sense to me.

  • LarryG

    I can understand a law that says you can’t run in that district and you can’t collect signatures either but how can it make sense that you can run in that district but you can’t even collect signatures for your own candidacy?

    How does that serve a legitimate public purpose?

  • mustang2

    The two party system, with all its faults still is better IMHO than a system like Italy’s for example where there are 15 candidates and the one with 10% of the vote wins. What exactly about the law did this man not understand? Ridiculous waste of county resources. He should have been made to pay the cost of county expenses.

  • GIVEMEABREAK2M

    Well this just goes to prove once again that Herb Lux doesn’t have a very good track record when he goes to court…It also proves that the next time Herb Lux wants to play the political game he needs to read and understand the law. The judge was correct in this case like it or not Mr. Lux.

  • bhaas

    As is often the case….it is not the system, but those that take advantage of it that are so rotten. Politicians today only care about “us” at election time and even then their “care” comes in the form of lying through their teeth.

    Politics today has evolved to pure ideology; all black or white, no gray.

    Again, Larry is correct. Run, but not collect signatures? What sense does that make?

    The esteemed Chairman of the Spotsy GOP says, “Also, the petitions should be collected by a district resident to avoid paid staff being hired to throw an election.” Is he saying politicians do not hire paid staff for campaigns? Nonsense.

  • LarryG

    I don’t mind seeing 15 run for office myself especially if it puts the Dems and the Republicans behind the 8 ball.

    I’m no Tea Party guy at all but I understand the frustration that people have with our current two party system. We voters are like the kids in a bitter divorce and neither of the parties gives a rats butt what we think until election time.

    If you want someone to win with more than 10% then let’s fix it so they have to have a minimum percentage – take the top 3 and do a runoff or some such.

    But I’m sick of both parties holding us hostage to their partisan and idealogical crappola … neither party really represents most people any more.

    LUX would be just a proxy for the real issue but it really does point out how the system is configured to restrict average citizens from challenging.

  • SteveThomas

    Larry and Bill, I couldn’t disagree with you more.

    1. It is incumbent on someone running for office to know the rules before running. To run afoul and complain later is just not acceptable. From the GOP’s side, we spend a lot of time, treasure and talent making sure conservative candidates in Spotsylvania know the rules and abide by them.

    2. The wisdom behind the rule about collecting signatures is that it makes sure the people of a given area really want a given candidate to run. Otherwise you could have an outsider like George Soros hire a bunch of people to flood the area… The situation lends itself to encouraging corruption.

    Whatever you think about the rules of the game, it is always a good idea to think about the wisdom behind them- then do the cost-benefit.

  • bhaas

    Well Steve, speaking for myself, you and I will just have to agree to disagree here. It is not the first time and it will not be the last.

  • SteveThomas

    This is true Bill! I think we can agree on that.

  • LarryG

    I have a problem with the “rules” and how they are written and by who and for what purpose.

    Our current political system is owned lock, stock and barrel by the Dems and Republicans who treat the electorate as their private preserve.

    Any rule that say that you can run in a district but you cannot collect signatures in the district you run in – has absolutely nothing to do with George Soros and everything to do with inhibiting legitimate candidates.

    Take a look at how the upcoming redistricting will be done – as if it is primarily a discussion between Dems and Republicans and not much at all to do with voters – with the lines themselves get drawn to suit – no the voters but the politicians.

  • Herb Lux

    Steve it would be good if you understood the rules and when they are contrary to our Constitution and serve no legitimate purpose you should be supportive in changing them.

    1. The Constitution. Article I Section. 2 Paragraph 2
    To run for the House of Representatives you must be 25 years of age, seven years a Citizen of the United States and be an Inhabitant of the State when elected.
    The Bulletin from the State Board of Elections states under Running as an independent; A candidate may collect his/her own signatures but is not required to do so.

    2. There is no wisdom in what the State has done with the rule (law). It makes no sense to have a law where voters are prohibited from signing the Candidates own Petition. The required 1000 signatures must be from registered voters in the District which makes sense. It makes no sense to have to have a surrogate collect signatures for a Candidate. As a voter, who would you rather talk to for your signature, the Candidate or a surrogate? The way it stands at this point, a Candidate doesn’t have to collect one signature himself. You can hire someone in the District or just have volunteers collect them as the Candidate sits on his butt. Of course for incumbents that’s just great they don’t have to come off their pedestal. A legitimate purpose would be to require a Candidate to collect at least a certain percentage of the signatures himself not to prohibit him from collecting any.