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Author Topic: McCain-Lieberman Wasn't Legally Viable  (Read 3835 times)
Lunar
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« on: April 17, 2009, 03:01:05 pm »

http://www.politico.com/blogs/bensmith/0409/Why_McCainLieberman_wasnt_an_option_legally_speaking.html

Former McCain veep vetter and Washington power lawyer A.B. Culvahouse made clear in remarks before a Republican lawyers group today that the campaign had investigated the legal issues surrounding putting Democrat-turned-independent Joe Lieberman on the GOP ticket last year and determined it would be a difficult task.

"Five states have sore loser statutes ... [making] it very difficult for someone who's not a member of the Republican Party to become the vice presidential nominee if they only switch parties to become a Republican shortly before the convention,' Culvahouse said in public remarks at the Republican National Lawyers Association annual meeting aired on C-SPAN.

Culvahouse specifically noted the example of West Virginia, a state Republicans have relied on in recent elections, saying "the constitutionality of that statute has already been litigated in West Virginia."

"So you were looking at going to the Supreme Court, which is not particularly appetizing," he said.

McCain's close friend and colleague Sen. Lindsey Graham was pushing Lieberman, and McCain himself was widely thought to be intrigued by the idea.

But Republicans warned of a revolt on the convention floor.

And now we learn there were some very real procedural roadblocks in the way of a fusion ticket, as well.
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benconstine
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« Reply #1 on: April 17, 2009, 03:02:28 pm »

Interesting.  Would Lieberman have needed to join the GOP to be on the ticket?
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Landslide Lyndon
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« Reply #2 on: April 17, 2009, 03:21:28 pm »

I thought that the candidates can choose whomever they like as their vice-president.
This is the first time I hear that there are laws about him being member of the same party as the presidential candidate.

You'd think that after all the talk about Kerry and McCain in 2004 and McCain-Lieberman or Obama-Hagel last year, somebody would have noticed that.
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Lunar
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« Reply #3 on: April 17, 2009, 03:24:57 pm »

Interesting.  Would Lieberman have needed to join the GOP to be on the ticket?

HuhHuhHuhHuh??


"Five states have sore loser statutes ... [making] it very difficult for someone who's not a member of the Republican Party to become the vice presidential nominee if they only switch parties to become a Republican shortly before the convention,'

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benconstine
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« Reply #4 on: April 17, 2009, 03:26:42 pm »

Interesting.  Would Lieberman have needed to join the GOP to be on the ticket?

HuhHuhHuhHuh??


"Five states have sore loser statutes ... [making] it very difficult for someone who's not a member of the Republican Party to become the vice presidential nominee if they only switch parties to become a Republican shortly before the convention,'

I was thinking that Lieberman could have stayed as an Independent-Democrat and run on the ticket, but I guess not.
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Lunar
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« Reply #5 on: April 17, 2009, 03:30:39 pm »

It looks like he couldn't do anything party-wise without legal complexity, without having decided to become a Republican some time before VP-selection.

I don't really understand how the "sore-loser laws" factor into this -- I know Pennsylvania, for example, forbids candidates from running in the general election if they already lost the primary nomination that same year, but I'm not sure West Virginia's dealio.

Most likely McCain would have won in court (IMO non-legal opinion), but he wouldn't want the legal controversies to overshadow an already controversial pro-choice pick.
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memphis
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« Reply #6 on: April 17, 2009, 04:44:21 pm »

It would have been against the law to have that much lame on one ticket.
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unempprof
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« Reply #7 on: April 17, 2009, 07:50:12 pm »

So I guess Bayh can't run as a Republican in 2012?
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« Reply #8 on: April 18, 2009, 01:48:43 pm »

Don't see how such laws could be enforced in that way for two reasons:

1-There is no legal precedent or standard for a state to judge the partisan affiliation of someone who is not a registered voter in the respective state.

2-The candidates aren't actually being voted for, just electors, who can theoretically vote for whoever they want. A decoy ticket could simply be nominated.

Still that ticket is the very definition of boring and lame.
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Lunar
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« Reply #9 on: April 18, 2009, 09:35:49 pm »

besides, didn't Kerry ask McCain to be his VP in '04?
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jfern
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« Reply #10 on: April 18, 2009, 10:00:38 pm »

besides, didn't Kerry ask McCain to be his VP in '04?

One of the major party candidates for President had asked McCain to be his running mate at some point in time. And it's not Kerry.
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« Reply #11 on: April 19, 2009, 12:45:55 am »

besides, didn't Kerry ask McCain to be his VP in '04?

If you believe Kerry ever seriously considered that I've got a sweet ice-free port in Minneapolis to sell you.
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Lunar
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« Reply #12 on: April 19, 2009, 12:48:29 am »

besides, didn't Kerry ask McCain to be his VP in '04?

If you believe Kerry ever seriously considered that I've got a sweet ice-free port in Minneapolis to sell you.

I think he did seriously consider that.  McCain himself openly publicizes that offer, and has Kerry ever denied it or declared McCain a liar?


http://www.nytimes.com/2004/06/12/us/mccain-is-said-to-tell-kerry-he-won-t-join.html

John Kerry, the presumptive Democratic nominee for president, has repeatedly and personally asked Senator John McCain, the independent-minded Arizona Republican, to consider being his running mate, but Mr. McCain has refused, people who have spoken to both men said Friday.



additionally, wikipedia posits that McCain was heavily vetted for the VP slot and rejected Kerry's offer.  I could keep digging up sources, but I think I'd rather sell YOU an ice-free port in the Bay Area if you think Kerry never seriously considered the option.


edit:  Found a denial, you can choose which side of the story is true.  Either way, it's hard to believe that Kerry didn't consider it.

http://www.politico.com/news/stories/0407/3415.html

Sen. John F. Kerry (D-Mass.) has riled both parties by charging that Sen. John McCain (R-Ariz.) approached him about joining the Democratic presidential ticket in 2004.
 
Now, the assertion has drawn a detailed rebuttal by top McCain aides, who consider the charge a bid for attention by Kerry.
 
They contend that Kerry pursued the maverick McCain repeatedly but was rebuffed decisively on each approach. “Each conversation, McCain would say, ‘No, John, no,’ and raise objections,” said Mark Salter, who was McCain’s Senate chief of staff then and now is senior adviser to his campaign for the GOP presidential nomination. 

...

According to MyDD, Kerry told Singer: “It doesn't surprise me completely, because his people similarly approached me to engage in a discussion about his potentially being on the ticket as vice president. So his people were active – let's put it that way.”
 
Singer, one of four front-page MyDD writers, followed up: “OK. And just to confirm, you said it, but this is something they approached you rather than...”
 
“Absolutely correct,” Kerry replied, naming “John Weaver of his shop,” a reference to McCain’s longtime chief political strategist. Then, Kerry was interrupted by a phone call.

« Last Edit: April 19, 2009, 12:54:26 am by Lunar »Logged
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jfern
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« Reply #13 on: April 19, 2009, 01:30:11 am »

besides, didn't Kerry ask McCain to be his VP in '04?

One of the major party candidates for President had asked McCain to be his running mate at some point in time. And it's not Kerry.

Bob Dole?  George W. Bush?  Kerry was certainly interested in McCain being his running mate.  The polls showed Kerry/McCain leading the Bush ticket by like 12 points.

Bush, in 2000.
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Lunar
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« Reply #14 on: April 20, 2009, 09:45:11 pm »

http://www.ballot-access.org/2009/04/18/mccain-campaign-received-erroneous-information-on-legality-of-nominating-lieberman-for-vice-president/

NEVERMIND
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