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Nicholas Ruiz III
for U.S. Congress 2010
FL District 24
for U.S. Congress 2010
FL District 24
| For the new wave of American progress. |
Nicholas Ruiz III, Green Party Candidate for Congress in FL-District
24, in an Open Letter to the Florida Secretary of State
Nicholas Ruiz III, Green Party candidate for Congress in FL-24, on Florida's ballot access
restrictions
(Press Release) - March 18, 2010
Kurt S. Browning
Florida Secretary of State
Florida Department of State
R.A. Gray Building
500 S. Bronough St.
Tallahassee, FL 32399
Dear Mr. Browning,
Many thanks for your time in reading this letter.
I am the Green Party candidate for Congress in Florida District 24.
Perhaps the Office of the Secretary and the Florida Department of State
are unaware that congressional campaigns in Florida are faced with
Florida's acutely restrictive ballot access fee/petition restrictions. Upon
researching the procedural and constitutional validity of such fee and
petition restrictions, our campaign has come to realize, along with many
other campaigns and citizens, that the ballot access restrictions in Florida
are unconstitutional.
For example, in Illinois the ballot access restriction is simply that the
candidate collect 0.5% of the party vote in the last election, which amounts
to 19 to 47 petition signatures, depending upon the district - a reasonable
number and request. There is no fee.
In another example, for Tennessee, the ballot access restriction is simply
that the candidate provide 25 petition signatures from the district. Again,
there is no fee.
In a final example, for Utah, there is a filing fee - it is $435. There is no
petition requirement.
In stark contrast, in Florida, the petition requirement is 1% of the district's
entire vote population, which amounts to 3,413 to 6,081 petition signatures,
depending upon the district.
Florida's ballot access petition restriction is approximately 200 times the
number of petitions required in the example of Tennessee and Illinois,
and an entirely unreasonable number and request.
Alternatively, in Florida, a candidate may pay a fee of 6% of the U.S.
Representative's salary in order to be placed on the ballot. The fee
amounts to $10,440 in 2010.
Florida's ballot access fee restriction is approximately 24 times the
amount required in the example of Utah.
Given that the fee and petition ballot access restrictions in Florida are so
radically outside of the general normalcy of ballot access restrictions in the
United States of America, they can be neither reasonable, nor necessary.
Why does Florida restrict its citizens from candidacy in elections, and
hence, why does Florida restrict voter choices at the polls - in so
oppressive and Draconian a manner?
In fact, such onerous ballot access restrictions are unconstitutional. Legal
scholars, and the courts, have asserted repeatedly that a voter's rights and
a candidate's rights are implicated and interwoven as First Amendment
rights, that may not be violated by any state, though states may, of course,
enhance them.
The Nicholas Ruiz III for Congress campaign would like to request that in
your capacity as Secretary, you consider possibilities for the waiver of such
unconstitutionally burdensome ballot access restrictions in our State of
Florida, so that the freedom to offer one's candidacy, and the freedom of
choice for each voter to select the candidate that they wish - are not
impeded by unconstitutional restrictions of American First and Fourteenth
Amendment rights from 2010 forward.
As the first step toward the accomplishment of such a waiver, we ask that
the Affidavit of Undue Burden (Section 99.097(4) Florida Statutes) be
utilized for such purpose of waiving the fee and petition signature
requirement for all congressional candidates for whom such a ballot
restriction fee, or for whom petition collection costs, exceeds their personal
resources, or resources otherwise available to them for their congressional
campaigns in 2010 and forward. We also ask that the deadline for
submission of the affidavit be moved forward to match the deadline of the
ballot access restriction fee payment, by noon of April 30, 2010.
Many thanks for your consideration. We eagerly await your decision.
Respectfully,
Nick
Nicholas Ruiz III, Ph.D
NRIII for Congress 2010
http://intertheory.org/nriiiforcongress2010.html
____________________________________
PO Box 1372
New Smyrna Beach, FL 32170
24, in an Open Letter to the Florida Secretary of State
Nicholas Ruiz III, Green Party candidate for Congress in FL-24, on Florida's ballot access
restrictions
(Press Release) - March 18, 2010
Kurt S. Browning
Florida Secretary of State
Florida Department of State
R.A. Gray Building
500 S. Bronough St.
Tallahassee, FL 32399
Dear Mr. Browning,
Many thanks for your time in reading this letter.
I am the Green Party candidate for Congress in Florida District 24.
Perhaps the Office of the Secretary and the Florida Department of State
are unaware that congressional campaigns in Florida are faced with
Florida's acutely restrictive ballot access fee/petition restrictions. Upon
researching the procedural and constitutional validity of such fee and
petition restrictions, our campaign has come to realize, along with many
other campaigns and citizens, that the ballot access restrictions in Florida
are unconstitutional.
For example, in Illinois the ballot access restriction is simply that the
candidate collect 0.5% of the party vote in the last election, which amounts
to 19 to 47 petition signatures, depending upon the district - a reasonable
number and request. There is no fee.
In another example, for Tennessee, the ballot access restriction is simply
that the candidate provide 25 petition signatures from the district. Again,
there is no fee.
In a final example, for Utah, there is a filing fee - it is $435. There is no
petition requirement.
In stark contrast, in Florida, the petition requirement is 1% of the district's
entire vote population, which amounts to 3,413 to 6,081 petition signatures,
depending upon the district.
Florida's ballot access petition restriction is approximately 200 times the
number of petitions required in the example of Tennessee and Illinois,
and an entirely unreasonable number and request.
Alternatively, in Florida, a candidate may pay a fee of 6% of the U.S.
Representative's salary in order to be placed on the ballot. The fee
amounts to $10,440 in 2010.
Florida's ballot access fee restriction is approximately 24 times the
amount required in the example of Utah.
Given that the fee and petition ballot access restrictions in Florida are so
radically outside of the general normalcy of ballot access restrictions in the
United States of America, they can be neither reasonable, nor necessary.
Why does Florida restrict its citizens from candidacy in elections, and
hence, why does Florida restrict voter choices at the polls - in so
oppressive and Draconian a manner?
In fact, such onerous ballot access restrictions are unconstitutional. Legal
scholars, and the courts, have asserted repeatedly that a voter's rights and
a candidate's rights are implicated and interwoven as First Amendment
rights, that may not be violated by any state, though states may, of course,
enhance them.
The Nicholas Ruiz III for Congress campaign would like to request that in
your capacity as Secretary, you consider possibilities for the waiver of such
unconstitutionally burdensome ballot access restrictions in our State of
Florida, so that the freedom to offer one's candidacy, and the freedom of
choice for each voter to select the candidate that they wish - are not
impeded by unconstitutional restrictions of American First and Fourteenth
Amendment rights from 2010 forward.
As the first step toward the accomplishment of such a waiver, we ask that
the Affidavit of Undue Burden (Section 99.097(4) Florida Statutes) be
utilized for such purpose of waiving the fee and petition signature
requirement for all congressional candidates for whom such a ballot
restriction fee, or for whom petition collection costs, exceeds their personal
resources, or resources otherwise available to them for their congressional
campaigns in 2010 and forward. We also ask that the deadline for
submission of the affidavit be moved forward to match the deadline of the
ballot access restriction fee payment, by noon of April 30, 2010.
Many thanks for your consideration. We eagerly await your decision.
Respectfully,
Nick
Nicholas Ruiz III, Ph.D
NRIII for Congress 2010
http://intertheory.org/nriiiforcongress2010.html
____________________________________
PO Box 1372
New Smyrna Beach, FL 32170
| Political advertisement paid for and approved by Nicholas Ruiz III, Green Party candidate for Congress |
| Nicholas Ruiz III for Congress PO Box 1372 New Smyrna Beach, FL 32170 |