Free Republic

Friday, October 04, 2002 ATLANTA — Arguing that defeated Georgia Rep. Cynthia McKinney was the victim of a "malicious crossover" vote by Republicans, five DeKalb County voters asked a federal court Friday to throw out the results of the primary. Democrat McKinney lost her bid for re-election to former Judge Denise Majette by a 58 percent to 42 percent margin on August 20. Majette faces Republican Cynthia Van Auken in November, but is expected to win in this heavily black Democratic district. The lawsuit was filed in U.S. District Court in Atlanta and names as defendants, among others, Secretary of...

GOP asks Supreme Court to decide NJ ballot issue Just like 2000, justices could affect course of national politics 10/04/2002 By DAVID JACKSON / The Dallas Morning News WASHINGTON - Once again, the justices of the U.S. Supreme Court have the future of national politics in their hands. Rather than the presidency, control of the U.S. Senate could wind up on the high court docket this time. Republicans on Thursday asked the justices to intervene in a New Jersey ballot dispute, saying the state Supreme Court acted illegally when it allowed a last-minute replacement candidate for Sen. Robert Torricelli....

<p>Given the outcry directed at the U.S. Supreme Court after it ended the 2000 Florida recount, we'd understand if the Justices aren't too keen on getting involved in another election dispute.</p> <p>But when it comes to the Republican appeal yesterday of the New Jersey Supreme Court's decision to allow a late switch on the state ballot, we don't think they have much of a choice. Article I, Section 4 of the U.S. Constitution specifically delegates to state legislatures, not to state governments as a whole, the authority over the "times, places and manner" of holding Senatorial elections. As such, the "equitable powers" invoked by the New Jersey court to "liberally construe" this particular law simply do not exist.</p>