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View Diary: Kansas secretary of state (yeah, the birther guy) says Democrat can't withdraw from Senate race (281 comments)

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  •  Different state. Different law. (0+ / 0-)

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    by FischFry on Thu Sep 04, 2014 at 02:45:03 PM PDT

    [ Parent ]

    •  how? (6+ / 0-)

      Kansas house seat withdrew a few weeks ago and kobach certified it. In 2012 he certified withdraws.. What other states do doesn't impact the precedent his office setup.

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      by Chris Reeves on Thu Sep 04, 2014 at 02:47:17 PM PDT

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      •  I didn't know that you were referring to that. (0+ / 0-)

        Perhaps that withdrawal did include the declaration?

        If not, then Kobach has put himself in a tough spot.

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        by FischFry on Thu Sep 04, 2014 at 02:54:03 PM PDT

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        •  Here's the letter (3+ / 0-)
          Recommended by:
          FischFry, Losty, VClib

          It references the statute, but has no "I declare ... incapable" language.

          •  Again, good work (0+ / 0-)

            Kobach might have a tough day in court tomorrow if Taylor's lawyers are this good.

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            by FischFry on Thu Sep 04, 2014 at 03:01:24 PM PDT

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            •  In the past.. (3+ / 0-)
              Recommended by:
              kefauver, El Mito, CWinebrinner

              People have just listed the reason as the statute and that has been satisfactory.  They aren't obligated to say why, and several have for various reasons.. including this year, a girl who is just going to KSU dropped out.

              But in 2012, 3 did.. so yeah, no one has ever been held to that standard here in KS, they all just site the statute and that's it.

              Gandhi's Seven Sins: Wealth without work; Pleasure without conscience; Knowledge without character; Commerce without morality; Science without humanity; Worship without sacrifice; Politics without principle
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              by Chris Reeves on Thu Sep 04, 2014 at 03:09:00 PM PDT

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              •  As we've discussed elsewhere ... (2+ / 0-)
                Recommended by:
                Losty, VClib

                ... 99% of the time, no one's going to have reason to object to a candidate who wants to withdraw.  

                (Though a strict reading of the incapacity statute would mean that someone who's nominated on Day 1 and on Day 2 is indicted on murder charges can't withdraw because, until he's convicted, he's still capable of serving.)

                •  Does it, though? (2+ / 0-)
                  Recommended by:
                  jrand, Phoenix Woman

                  A strict reading says you have to comply with subsection b. Subsection b says you have to declare that you're incapable of serving before a notary. It doesn't, by a strict reading, require you to swear under oath that you're incapable of serving, nor does it say that declaring falsely (but with proper notary approval) prevents you from having your name withdrawn.

                  And 'capabiliity' is another open question: in most states, you can be incapable of serving because of some other obligation or even insufficient monetary compensation for the office.

                  This will go to court, but to my (non-lawyerly) reading of this, there are a lot of i-dotting and t-crossing that Kobach will have to do in order to argue this persuasively before a judge, especially given general practice in the state's past.

                  Necessity is the plea for every infringement of human freedom. It is the argument of tyrants; it is the creed of slaves. - William Pitt

                  by Phoenix Rising on Thu Sep 04, 2014 at 03:31:12 PM PDT

                  [ Parent ]

                •  So the fact that Kobach allowed this in the past (2+ / 0-)
                  Recommended by:
                  kefauver, jrand

                  Does not establish a clear pattern and precedent?

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                  by Phoenix Woman on Thu Sep 04, 2014 at 03:50:01 PM PDT

                  [ Parent ]

                  •  Not necessarily. The law's the law. NT (1+ / 0-)
                    Recommended by:
                    VClib
                  •  No, but it raises equal protection issues. (2+ / 0-)
                    Recommended by:
                    Phoenix Woman, Maggiemad

                    If he's going to ignore the rule when it suits him and only enforce it when he doesn't like the result, that's a real problem.

                    It's not a prosecutorial discretion issue, either -- because he has to take a positive action to certify the withdrawal. He can't pick and choose when to care about the rule. That's arbitrary and capricious government action.

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                    by FischFry on Thu Sep 04, 2014 at 07:29:40 PM PDT

                    [ Parent ]

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