Posted on 09/09/2002 5:32:33 AM PDT by Joe2000
Staten Island, NY - As broadcast on CBS-TV's News Channel 2 New York last evening and night, Louis de la Guardia Wein, the man who would challenge Governor George E. Pataki in a Republican primary, had a back door opened to him for such a challenge.
Wein places hope on federal district court Judge David G. Trager, who during an extended four and one half hour hearing held on August 26 on Wein's Order to Show Cause why his name should appear on the ballot. Judge Trager stated, "Please Mr. Wein give me a reason so I can put you on the ballot because I think you have a kernel of a case here". Wein believes that the New York State Election Board's failure to submit its Answer to his Complaint due last Tuesday, September 3, 2002, as required by Federal Civil Rules and Procedures, constitutes a technical default which may very well provide what Judge Trager is looking for.
Noting the constitutional complexities involved in this case, among which was Wein's volunteers being threatened with arrest as they attempted to obtain petition signatures on public streets and the attempted intimidation of the press during interviews with the candidate during the state Republican convention. Wein will submit court papers this coming Monday morning (September 9th) asking the Court for Summary Judgment and an Order for a Special Republican Primary Election to be held on Tuesday, October 8, 2002.
"The Constitution will be served, the public interest will be served and the ideal of freedom will be served by giving voters a real choice on October 8th to vote for a plain-speaking, common sense candidate who has a history of courageous public service who is not a pandering politician", Wein said.
"Why does Governor Pataki fear me so much that he had top Republican state leaders and top election lawyers do everything they could to keep a common man like me off the ballot?", Wein asked. "Maybe it's the letters submitted to the federal Court from organizations, representing well over a million New Yorkers, like the Christian Coalition, the Conservative Caucus, the Fathers' Rights Association, American Bikers Aimed Towards Education, the NYS Rifle and Pistol Association (NY's NRA affiliate), the Shooters' Committee on Political Education, the Taxpayer's Alliance and others that makes him quake in his boots", Wein said. "Maybe the Governor realizes that his ultra liberal strategy will backfire when the rank and file of the Republican Party has an alternative to chose from. I am no Cuomo willing to run from a good and fair fight", Wein continued.
Wein will again point out to the Court what both Governor Pataki and NYS Attorney General Elliot Spitzer acknowledge in public statements about the unconstitutional nature of New York's Election Law. Attorney General Spitzer stated that it presents the "most confusing, stringent and needless requirements for ballot access [designed] to keep candidates of the ballot and thereby limit voter choice."
Wein further noted, "Rapists and criminals are allowed to go free on technicalities. Why not apply the same sense of technical justice with regards to an important election that goes to the heart of what America is and stands for"? Wein asked.
The would-be Republican primary challenger also emphasized he is the only candidate who embraces all of the founding principles of the Conservative Party and urges New York Conservatives to write in his name on Tuesday's primary election. "What a crime it would be and what an insult it is for Conservatives to have to be forced to chose between Governor Pataki or Independence Party primary challenger, Tom Golisano, both espoused liberals who are running on platforms contrary to almost every principle held dear by the New York State Conservative Party", Wein stated. "A write-in vote for me on the Conservative line will go a long way in helping justify the Court's decision to hold a special Republican Primary so the citizens of New York have a real choice", Wein concluded.
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