Brian Pettyjohn could be the Republican Candidate

If the rumor about E. Bodenweiser is true, and he is bowing out of the race for the State Senate, than it is quite possible for the Republican party to replace Bodenweiser on the Republican position on the ballot. The real problem, on an administrative basis, is that Absentee Ballots have already been sent out and in some cases they have been returned. With all of that being said, if the Bodenweiser campaign is seriously compromised than it would be in the best interest of all conservatives for Boenweiser to bow out. Delaware Election Law allows for such an action. Title 15 subsection § 3306 States this:
Supplemental certificates of nomination. (a) Whenever it shall be determined, subsequent to the dates specified in § 3303 of this title, that a duly nominated candidate will be unable to serve if elected because of death, physical, mental or other incapacity, the state, county or city (if a municipality holds its election at the time of the general election) committee shall convene within 24 hours of said determination to authorize the filing of a supplemental certificate of nomination for a substitute candidate, or to decline to issue such a certificate. However, in the case of the death of a candidate, said committee may convene within a reasonable period of time sufficient to have the new candidate’s name placed on the ballot, but in no case later than 5 days from the date of death. (b) Such certificate, if issued, shall be delivered to the officer or officers to whom the original certificate was submitted no later than 12:00 noon of the day following that meeting at which the certificate was authorized. However, if said meeting shall occur within 5 days of the day of election, the certificate shall be delivered immediately
I am not saying that E Bidenweiser is a dead duck. But if EB is interested in the movement and not just in EB then he should step aside and do so quickly so that there will be one more conservative vote in Dover.

25 thoughts on “Brian Pettyjohn could be the Republican Candidate”

  1. I’m not sure that applies in this case as there is much ground to cover between now and the proverbial “unable to serve.” Criminal proceedings could take several years and during that time the person would innocent until proven guilty and therefore able to serve. Now if the person were incapacitated in some manner I think that would fit. However, at this point there are no charges and I honestly can’t see any way there would be any resolution of a case within 30 days that could be characterized as incapacitation.

    It seems to me the question is, what happens if he withdrew? Can the party put another name on the ballot?

  2. By being arrested- i think that qualifies one as incapacitated……just sayin’.

    No, it doesn’t, within the context of the statute.

  3. I had this conversation with the Dept. of Elections. The ballots are set and EB will be on the ballot.

  4. It sounds like the determination of whether a nominee is would be unable to serve is up to the State or County committee to judge in its own opinion. The question would then become whether the Department of Elections would honor the decision of the DEGOP. The interpretation of the Attorney General might give the DoE guidance as to how to interpret the statute. But like most things it depends on who is doing the interpreting and what they decide.

    If a nominee abandons the race, he “will be unable to serve” due to “other incapacity.” That is, he cannot possibly serve because he cannot possibly be elected if he is not running for the office.

  5. Just think if Akins had bowed out, as everyone was clamoring for just like those here.

    He didn’t, and will now win Missouri.

  6. I would like to thank whoever it was that was willing to post the allegations on the letqfdknow email page. I appreciate it. Instead of 15 people speculating in the dark about a rumor that none of us were even sure existed, at least now we know the severity of what we were all talking about.

    Thank you.

  7. The rumor is very serious and if true would be a clear disqualification. It is just a rumor. At this point, the seriousness of the charge doesn’t matter, but it is the nature of the evidence. We could all be endorsing Mayor Pettyjohn on a dime if their is the slightest bit of evidence revealed. I say to the people who put the rumors out, either put up or stop it.

  8. TW I apologize for posting on this topic also, I came home from a meeting and just shot it up, was not trying to cut you.
    I would suggest everyone be very careful since there may be a crimminal investigation and I would not want to be the one to foul it up.

  9. if their is the slightest bit of evidence revealed. I say to the people who put the rumors out, either put up or stop it.

    This is just silly. Of course no one here has evidence that anything happened.

    No one here is doing anything that needs to be stopped. There was a rumor going around, people now know what it is. All anyone is asking for is to hear from the candidate. He doesn’t even need to address this rumor, he just needs to be seen. Either he is campaigning or he isn’t.

  10. To #8 and #10, it does seem like the same old playbook, like what they tried to do to Christine O’Donnell claiming she was illegally using campaign funds for personal expenses like rent. How many times do you see the same movie before you start to notice the similarities?

    We had a Commonwealth Attorney (prosecutor) in Loudoun County who would frequently announce an investiation of criminal wrong-doing against conservative candidates just before the election, and then after the election was over, DROP the investigation without any explanation.

    Some people see the patterns. Some people are led around like sheep.

    You are forgetting that Eric Bodenweiser either knows taht the allegations are a lie or he knows that they are true. If he knows they are lie, he can easily be elected if he knows how to go about it.

  11. We had a Commonwealth Attorney (prosecutor) in Loudoun County who would frequently announce an investiation of criminal wrong-doing against conservative candidates just before the election,

    From what I just read from another thread YOU did the SAME thing to a Republican candidate in Virginia in 2010 by filing a suit claiming he was not a resident of the district. A suit YOU LOST.

  12. No, DSN, go back and read that thread, where I explained that in detail. And every detail can be confirmed.

    As I explained there, NEIGHBORS of David Ramadan came forward and stated that he had NOT moved to the new address inside the 87th District where he registered to vote, but wa still living at the old address.

    Virginia’s State Board of Elections and local County Boards of Election vehemently protest that they have *NO* investigatory or enforcement role whatsoever, and punt on the question. They adamantly insist that they have no role to play in investigating whether a candidate has been validly registered and qualified to run. They just process the paperwork.

    However, Virginia law provides an abbreviated mechanism to test the validity of a voter registration. It operates on a very short fuse and is a combination of the intiial investigation (discovery) and a very quick decision.

    THIS IS A VERY WEIRD WAY FOR VIRGINIA TO HANDLE THESE MATTERS, as I repeatedly expressed in my Complaint and before the Judge.

    IT SHOULDNT’ BE DONE THAT WAY, as I repeatedly explained. Virginia’s election officials should not have abandoned their duties but should have done an investigation, which we would have been happy to abide by.

    So, as a lawyer, I represented 5 registered voters as my clients who wanted to test whether the candidate actually lived in the 87th Senatorial District for the Virginia State Senate.

    Those voters had NO power to investigate without filing that abbreviated procedure. This allowed us to subpoeana records, etc.

    We discovered that David Ramadan was still receiving mail at the OLD address and had not forwarded his mail, further confirming that he had never moved when he changed his voter registration to the townhouse where 5 of his relatives were already crowded into the small townhouse.

    Before deciding to file the lawsuit, we sent a letter by Federal Express to the old address. David Ramadan signed for the letter at the OLD address at 9 AM in the monring.

    Before deciding to file the lawsuit, I followed David Ramadan leaving the Loudoun County Republican Convention and videotaped him driving home to the OLD address, which was not in the 87th District.

    Before deciding to file the lawsuit, we photographed David Ramadan’s car parked at the OLD address at 7 AM on Sunday morning. He was clearly still living and sleeping in the OLD address — outside the 87th District.

    David Ramadan testified that his wife still lived at the old address. So he claimed to be registered at the new address, while still happily married in a good marriage to his wife LIVING AT THE OLD ADDRESS. Yeah, right. He testified that he went to the old address for dinner with his wife.

    David Ramadan admitted on the stand that all of his furniture and all of his belongings were still in the old house.

    Yet some of the neighbors changed their story from what they had told us before. One even claimed to have seen a moving van that David Ramadan admits never existed (at his house, that is). They clearly changed their story to help David Ramadan.

    Furthermore, David Ramadan testified under oath that he always intended for the crowded townhouse already housing 5 of his other relatives to be his “real” home.

    So he admitted to fraudulent voter registration in 2008, 2009, and 2010, by registerting at the old address when he testified that the townhouse was always where he considered home.

    David Ramadan’s attorney filed a motion, often commonplace, for his attorney’s fees. These were DENIED because the judge found our complaint was well grounded in fact and reeasonable.

  13. However, that case ultimately turned — as I repeatedly said in the written filings and in court — on CLARIFYING WHAT the legal rule should be. There was wide disagreement about what the legal requirements are for candidates who move solely for the purpose of running for office in another district.

    The regulations by Virginia’s State Board of Election explicitly state that if someone moves for some reason other than to actually make the new address their home — such as to claim some benefit — their voter registration is INVALID. Thus the SBE regulations clearly stated that changing one’s address simply to vote or run for office is INVALID, but common practice was to the contrary.

    So the question came down to legal interpretation. Judge Thomas Horne, who is one of the best jurists in Virginia and at least tries to always be as fair as possible even when I think he maybe got something wrong, CLARIFIED the legal rule. I strongly disagree with that legal rule, but the legislature needs to fix it.

  14. Note that there is a huge difference between challenging whether someone has been validly elected by abiding by the rules OF THE ELECTION and engaging in some sideswipe that has nothing to do with the election or anything going on at present.

  15. “These were DENIED because the judge found our complaint was well grounded in fact and reeasonable.”

    i.e. “non-frivolous”. That and 50 cents will get you a cup of copy. Lawyers lose non-frivolous cases every day. Big deal. You lost.

    “as I repeatedly expressed in my Complaint and before the Judge”

    Who must not have been impressed with your repetition.

    Did you randomly capitalize words in your Complaint and briefs as well? That’s always so effective.

  16. Anonymous #5

    “I had this conversation with the Dept. of Elections. The ballots are set and EB will be on the ballot.”

    The Sussex Dept. of Elections can change the ballots on the limited number of voting machines in the 19th Senate district in one day. There is no logistical reason for not changing the ballot if there is a reason to do so.

    Now the absentee ballots that have already been sent out cannot be changed. Again, the Sussex DOE has in House the ability to reprint quickly any Absentee Ballot change. Heck, most of the people commenting here have that capability. This is not the decision of a Administrator at Sussex DOE, this is a simple application of the law.
    We all know that the current administrator of the Sussex DOE is a Bridgeville Democrat. He would love to see this seat go back to the Democrats.

  17. Nitpicker wrote in #18: “as I repeatedly expressed in my Complaint and before the Judge”

    Who must not have been impressed with your repetition.

    On the contrary, the need for Virginia’s General Assembly to change the law so that the State Board of Elections or local County Boards of Election would take over these questions and deal with them in a low-key, non-public manner — which I voluntarily conceded — was a very important part of Judge Horne’s decision.

    It is a very important consideration in court when it appears that “This is a complete mess, a pig’s breakfast, but that’s the fault of the General Assembly and THEY should fix it.”

    HOWEVER, why are we talking about this? DSN brought it up on this thread, after it already being discussed under another thread.

    WHY? This sounds like the same types of ad hominem attacks as being used against Eric Bodenweiser…. and Vance Philips…. and [endless chain]

    You don’t want to stop lying about people, so you want to attack me instead.

    You are attacking people with lies because you dont’ like them, so when I call you on it, and throw a yellow flag on the field, you pull the same crap on me, trying to attack me instead of answering the point.

    There might be strong reasons to criticize Eric Bodenweiser. Maybe he deserves condemnation. Maybe he is like the warm, friendly, charismatic candidate for Congress in Stephen King’s THE DEAD ZONE whom the psychic (played here by Frank Knotts) can foresee will one day become President and destroy the world in a nuclear war.

    But if that’s true, why do you have to LIE to make your point?

    If you can criticize Eric Bodenweiser with facts, BE MY GUEST !

    But if our politics is cheapened by misinformation and games, we all lose.

  18. TW, not having been in Sussex County very long, my view is that Sussex County is pretty small and everyone kinda knows or knows about everyone else. That being the case, do you think that a write candidate still faces significant obstacles? Wouldn’t the folks in the 19th already have considerable knowledge of everything going on and already know who BP is and all?

    In a very large county, like where I came, there are over 1M people. I hardly knew next door neighbors and a write in candidate probably wouldn’t have a chance. Is it different here?

  19. “Our politics is cheapened by misinformation and games.”

    Whatever the truth or falsity of the rumor, at this point the No. 1 issue is the sudden stop to Mr. Bodenweiser’s campaign. In other words, the rumor itself is no longer the most important facet of the situation. It might be true or false; EB might be laying low in response or he might be doing it for some entirely unrelated reason. His absence has become the story.

  20. From Dave in #22
    “TW, not having been in Sussex County very long, my view is that Sussex County is pretty small and everyone kinda knows or knows about everyone else. That being the case, do you think that a write candidate still faces significant obstacles? Wouldn’t the folks in the 19th already have considerable knowledge of everything going on and already know who BP is and all?

    In a very large county, like where I came, there are over 1M people. I hardly knew next door neighbors and a write in candidate probably wouldn’t have a chance. Is it different here?”

    Dave, my post was originally about a situation where EB was no longer on the ballot. But, I think your question is about the possibility of the logistics working for a write in candidate.

    There have been successful write in attempts. Some have failed from a logistics standpoint. A write in campaign in the City of Wilmington gave the candidate stickers to voters so that the voters did not have to remember the preferred candidate’s name. Unfortunately, the stickers clogged up the write in mechanism so that most of the machines became inoperable. We no longer use those types of machines and the procedure is easier even if the candidate uses stickers.
    Lisa Murkowski of Alaska is currently a U.S. Senator due to a successful write in campaign. Murkowski advised Mike Castle to run a write in campaign in 2010. Castle chose to not go there.

    I think that Castle had the organization ability to pull off a write in campaign. I opposed any write in 2010. I thought the COD write in campaign in 2006 was a disgrace. I was pleased that Castle chose the honorable route.
    I do think a write in campaign can work. Christine O’Donnell received between 11,000 to 14,000 votes in Sussex County in 2006. The Pettyjohn campaign needs to get word out about the write in procedure. (It is actually easier than one would think.)
    I think talking about a write in campaign generates interest. People, once interested, tend to educate themselves. We saw this in 2006.

    I have many friends who are very able politicos in Sussex. If they get involved in this they will organize the necessary folks.

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