chucky has been kno...
 

chucky has been knocked out  

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marunner
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October 26, 2014 3:20 am  

Write in is tricky. The Court ordered her name cannot appear on the ballot. The way this is likely to be interpreted is that a vote by write in for Hansen will not be counted. So if a person has 7 votes for 7 candidates and 1 is a write in for hansen it will not be counted and the other 6 will.

So write in election for her is not an option.


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malibutexan07
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October 26, 2014 4:28 am  

Since the court deemed her candidacy ineligible, I don't think any write in votes for her will be valid. It is my understanding that early votes for her will not be counted.

The supreme court's opinion says she is still able to be considered as a write-in candidate. As for early votes for her, the court also says the election board can count those.


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marunner
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October 26, 2014 10:51 am  

It highly unlikely that the U.S. Supremes would hear this case. The long robes in DC only hear cases by Writ of Certiorari which means they choose what cases they want the hear.

The cases the Long Robes choose are determined well in advance and by what the Long Robes believe is important to America and those which are critical to American jurisprudence. This Hansen matters fits neither.

In my life I have filed one Writ to the Long Robes. It was a complicated matter, took 18 priority boxes and when electronically filed the Long Robes denied the Writ in 18 minutes.

Hansen case would take 3 times that many boxes and would probably be denied in less than 10 minutes.


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marunner
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October 26, 2014 1:50 pm  

I have reviewed this issue again and I will retract my statement above as possibly inaccurate.

We must remember that Chucky is off the ballot not because of bad nomination papers but because she was indelible at the deadline that those papers need to be filed. This ineligibility is what could not be retroactively cured.

The VI Supremes did note the write in possibity but this does seem contrary, in its face, to its order the age not appear in the ballot. More research in this issue needs to be done but I would anticipate a write in election of Hansen would be valid in that ineligibity to run was erased with the pardon and that a write in vote does not require an "eligible" candidate to submit nomination papers by a date certain.


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ms411
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October 26, 2014 2:15 pm  

So there's still the possibility of Chucky remaining in the senate. What a waste.


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Alana33
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October 26, 2014 4:39 pm  

If anybody can be a write in, then why vet candidates? Just let anybody run. Am I missing something?

You can write in Smokey the Bear, if you so choose.

I may consider it given the quality of poor choices in this election.
Coffelt is the only one I can consider voting for governor and as for senators, it's a shameful selection of choices. If I were in stx, I'd vote for O'Reilly and Capeheart.

Don't like any of our stt choices, new or old. Stj' s is even worse. Libird or a wacko. It's always seems to be trying to decide on the lesser of evils!


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Novanut
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October 26, 2014 4:56 pm  

From what I read of Bryan's 'non-emergency-meeting' in the VIC, he's having new ballots printed. Write-ins with 'her highness' name will not be counted. That includes the nullification of all early voters…

And, since I'm a lousy score keeper, how many times has 'queen hansen' been on and off the the scorecard since its early beginnings? (CRS is a terrible disease)...


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CruzanIron
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October 26, 2014 7:12 pm  

Write-ins with 'her highness' name will not be counted. ...

Yes, they will be. There is nothing in the law or the courts ruling to preclude that from happening.


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Alana33
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October 26, 2014 7:27 pm  

Nor does it preclude serving should she be elected on write in ballots since gov. Dejongh pardoned her. Had he not, even if she got write in votes, due to the past criminal history, she could not have served.
My understanding of it, anyway. I'd like to be wrong.

I am curious as to how the supreme court ruling effects the terms she already served or any bills she sponsored or were passed when she was not eligible to hold office at the time? Or is this a new can of worm?


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marunner
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October 26, 2014 10:16 pm  

I have done some additional looking into the "write in" validity to Hansen election. There is a cog in the wheel for Hansen if in fact there is a "write in" result which places her in the Senate.

Most, if not all, folks know about the Virgin Islands Code. That be the laws that the Senate makes and the Governor signs which become something like 5 V.I.C. Section 32 or whatever. Then there is this often overlooked and rarely considered separate set of laws tucked into the bowels of our Virgin Islands bureaucracy which is just as binding as the big codes. This little step-child in the law is our Rules and Regulations which govern how the Executive Branch of the VI Government operates, coordinates and interacts with the citizenry. Oh yea, and its candidates.

These Rules and Regulations are not made by our Senate, but our Senate authorizes the Directors, Commissioners and Supervisors of the various agencies, including the Board of Elections, to create these Rules and Regulations to govern how each agency does its business. Most if not all the Rules and Regulations were set down quite some time ago and the ones of keen interest here were set from the 1970's through 1984.

These little Rules and Regulation rascals are found in our succinctly titled Code of Virgin Islands Rules.. So, when it comes to elections there is an especially smart little runt of the litter tucked in there that says the following:

A candidate for nomination or election to public office, including write-in candidates, shall file the report or statement of contributions and expenditures as prescribed in accordance with Title...(secret VI Code goes here)...with the Supervisor of Elections. Write-in candidates shall be held to the same filing standard as declared candidates.

Yes that is right, a "write in" candidate must comply with the (secret VI Code goes here) just like the others posted at the corners all over the Territory.

So now we go look at (secret VI Code goes here) we find a grown up law requiring every "write in" candidate to:

file a report with the Supervisor..of elections... not later than the tenth day before the date of an election...disclosing the "write in" candidate's political contributions, expenditures, gifts, donations etc.

This does not necessarily invalidate a Chucky "write in" election. But it could prove, well lets just say uncomfortable for the "write in" newly elected Hansen, since by failing to file the required report by the now long gone 10 day pre-election period she could face a sticky wicket because a failure to file the report is punishable with a fine an amount not more than $5,000 or three times the amount of any contribution or expenditure involved in such violation, whichever is greater, or imprisoned for not more than one year, or both.

Oh my, that would be a felony if convicted which would make her ineligible to sit in the Senate or run again.

Oh Pardon me, did I just hear a bubble bust.

Yes - pun intended.


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OldTart
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October 26, 2014 11:02 pm  

Since she was an established candidate until all this of late, likely she's already filed so in that case it would be a moot point.


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marunner
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October 26, 2014 11:10 pm  

Not necessarily. You see she would not have filed "personally" but her campaign "committee" would have filed and there is a distinct legal difference between the two. So I think that it still is an issue and should give the possible write in candidate a pause.


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Novanut
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October 26, 2014 11:19 pm  

We grasp at any straws we can get. Here's hoping the, 'leaned poster', has that straw…

And I wish this 'learned poster' will reveal the (secret VI code goes here) so we all can educate ourselves on it...


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marunner
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October 26, 2014 11:48 pm  

A candidate for nomination or election to public office, including write-in candidates, shall file the report or statement of contributions and expenditures as prescribed in accordance with Title 18 Section 905(b) Virgin Islands Code with the Supervisor of Elections. Write-in candidates shall be held to the same filing standard as declared candidates.

CVIR 18-029-000, Sec. 909-7


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MissJustice
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October 26, 2014 11:49 pm  

1. No one has ever enforced the candidates' list of contributors.
2. Do you think that deJongh through his atty General will ever file charges after deJongh just pardoned her and his atty gen went to court 4 times to make sure she stayed on the ballot? Not.

Think again. Worst case scenario: she wins a write in campaign and is senator for life.

If and only if Donna Christensen wins.

If Diase-Coffelt wins, Chucky is toast.


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marunner
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October 27, 2014 1:37 am  

Well it would be post Dejongh and Frazier for a possible charge to come. Right?


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longhorn
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October 27, 2014 1:44 am  

not so fast friends, i just heard chucky has filed an emergency motion before wilma lewis to enforce her order.

the risk of voter confusion is heightened closer to an election, so court's usually abstain... the district court will probably act tomorrow and if she doesn't enforce the order, the third circuit is expected to act before the end of the week. so its not technically over yet.


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MissJustice
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October 27, 2014 7:14 am  

Wilma will go to jail for collusion.


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MissJustice
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October 27, 2014 10:58 am  

Not necessarily. You see she would not have filed "personally" but her campaign "committee" would have filed and there is a distinct legal difference between the two. So I think that it still is an issue and should give the possible write in candidate a pause.

Filed? She doesn't even file taxes?


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Alana33
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October 27, 2014 11:33 am  

I cannot believe that we are going to be forced to endure yet another chapter to this seemingly endless saga. One can get whiplash with all the back and forth to this drama.

Chucky is one tenacious witch but she's met her match with Bert. Wouldn't they make a cute couple?

Thanks marunner for your posts.


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trainwreck82
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October 27, 2014 11:54 am  

In order for her to win a write-in campaign doesn't that mean the people that vote for her would have to know how to write?


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Alana33
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October 27, 2014 12:48 pm  

"A society of sheep must in time beget a government of wolves." - Bertrand de Jouvenel


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LuckyGirl56
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October 27, 2014 12:49 pm  

Finally, the other shoe has dropped!


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