September 12th, 2008
On September 12, at 6:30 p.m., U.S. District Court Judge Yvette Kane denied injunctive relief to the Constitution Party of Pennsylvania. She said that it is possible the legislature had delegated authority to the State Elections Department to write a regulation setting a filing deadline. She also said that even if the Elections Department did not have authority from the legislature to do that, that setting aside the August 1 deadline would restore the old unconstitutional May deadline, and that would injure the other petitioning groups this year. The case is Baldwin v Cortes, 1:08cv-1626.
This lawsuit will have been beneficial, despite this disappointing outcome. Since the case only denied injunctive relief, not declaratory relief, it is still alive. It is very likely that regardless of what happens next in the lawsuit, the legislature will now understand how important it is to pass a bill setting a constitutional deadline. As noted in earlier posts on this matter, the old deadline was invalidated by two federal courts in 1984, and the legislature has ignored those 1984 decisions and has never replaced the old May deadline.
http://www.ballot-access.org/
Saturday, September 13, 2008
Thursday, September 11, 2008
Feds say no to I-80 tolls
By Brad Bumsted
STATE CAPITOL REPORTER
Thursday, September 11, 2008
HARRISBURG -- The federal government has rejected Pennsylvania's plan to toll Interstate 80 -- creating a $450 million void in the state's transportation funding plan and breathing new life into a proposed $12.8 billion turnpike lease.
Leasing the Pennsylvania Turnpike for 75 years is the only available option at the moment to replace that revenue, Gov. Ed Rendell said today at a news conference. Spanish toll road operator Abertis Infraestructuras SA and Citigroup made the offer in May but lawmakers have been cool to the plan.
"It would be playing Russian Roulette not to act on the Albertis bid," said Rendell, who has long sought a turnpike lease despite significant resistance from lawmakers.
The plan to toll I-80 was the linchpin of Act 44, a state transportation funding law enacted last year to provide about $1 billion a year for highways, bridges and mass transit. Replacing that revenue would require an 8-cent-per-gallon increase in the state gas tax, which Rendell said is not likely as gasoline prices remain near historical highs.
Pennsylvania's 32.3-cent-a-gallon gas tax is the nation's 12th-highest.
There's no immediate financial impact. The shortfall would occur in 2010. But Rendell argued that mass transit "can't plan for the future" without secure funding in place.
"It would be irresponsible for us to throw up our arms. We have a $12.8 billion solution," Rendell said. U.S. Transportation Secretary Mary Peters called Rendell at 1:55 p.m. today to inform him that her department has rejected the state's plan to toll I-80. The decision was a blow to the state Turnpike Commission, which pushed hard for tolling the interstate and has fought attempts to privatize the turnpike. "After we've had an opportunity to see and understand the FHWA's rationale, we certainly will have more to say on this important issue," turnpike CEO Joe Brimmeier said in a statement.
The decision also was a major victory for Republican U.S. Reps. Phil English of Erie and John Peterson of Venango County, who argued that tolling I-80 would cripple the rural areas they represent along the interstate corridor.
"This is a huge victory for rural Pennsylvania and a blow to Harrisburg's attempt to turn I-80 into a cash cow for unrelated transportation programs, like mass transit," English said in a statement. "The U.S. Department of Transportation's decision slams the door on the attempt by PennDOT and the Turnpike Commission to treat rural communities as second class citizens and to stretch the federal law."
State lawmakers return to session Monday following a two-month recess. Rendell said the Legislature needs to act on the turnpike bid before adjourning. The House and Senate have only nine session days scheduled before the Nov. 4 election, and Senate leaders don't plan on holding a post-election session.
Albertis has extended the life of its offer, but Rendell said time his running out.
"I can guarantee you that Albertis bid will not be there in January," he said. "It's a problem we've got to solve now."
House Appropriations Chairman Dwight Evans, a Philadelphia Democrat who sponsored the turnpike privatization bill, believes the lease proposal should get a full airing in the Legislature, said his aide Johnna Pro. "Representative Evans believes the bill should come to the (House) floor where we can have a robust debate on the merits and have a vote," Pro said."To not even discuss it would be silly."
Some of Evans' fellow lawmakers, however, might not share Rendell's sense of urgency.
"The prospects for dealing with it now are zero," said Paul Parsells, chief of staff to Majority Whip Keith McCall, D-Carbon County. "There is no crisis."
Rendell said he is open to any other option that raises $1 billion a year. "Could they come up with a second proposal? Sure," Rendell said. The governor said the state's transportation funding dilemma might knock him off the campaign trail, where he is stumping for Democratic presidential nominee Barack Obama.
"It might mean I have to curtail some of my campaign activity," Rendell said.
The state Turnpike Commission could submit a new bid for tolling I-80, but Rendell said the chances of approval are virtually nil.
Peters rejected the application, Rendell said, because federal law requires that money raised from tolling an interstate be used for repair and maintenance of that interstate or roads that link to it.
"It did not meet technical requirements of the act," Rendell said.
Brad Bumsted can be reached at bbumsted@tribweb.com or 717-787-1405.
http://www.pittsburghlive.com/x/valleyindependent/teenscene/s_587744.html
STATE CAPITOL REPORTER
Thursday, September 11, 2008
HARRISBURG -- The federal government has rejected Pennsylvania's plan to toll Interstate 80 -- creating a $450 million void in the state's transportation funding plan and breathing new life into a proposed $12.8 billion turnpike lease.
Leasing the Pennsylvania Turnpike for 75 years is the only available option at the moment to replace that revenue, Gov. Ed Rendell said today at a news conference. Spanish toll road operator Abertis Infraestructuras SA and Citigroup made the offer in May but lawmakers have been cool to the plan.
"It would be playing Russian Roulette not to act on the Albertis bid," said Rendell, who has long sought a turnpike lease despite significant resistance from lawmakers.
The plan to toll I-80 was the linchpin of Act 44, a state transportation funding law enacted last year to provide about $1 billion a year for highways, bridges and mass transit. Replacing that revenue would require an 8-cent-per-gallon increase in the state gas tax, which Rendell said is not likely as gasoline prices remain near historical highs.
Pennsylvania's 32.3-cent-a-gallon gas tax is the nation's 12th-highest.
There's no immediate financial impact. The shortfall would occur in 2010. But Rendell argued that mass transit "can't plan for the future" without secure funding in place.
"It would be irresponsible for us to throw up our arms. We have a $12.8 billion solution," Rendell said. U.S. Transportation Secretary Mary Peters called Rendell at 1:55 p.m. today to inform him that her department has rejected the state's plan to toll I-80. The decision was a blow to the state Turnpike Commission, which pushed hard for tolling the interstate and has fought attempts to privatize the turnpike. "After we've had an opportunity to see and understand the FHWA's rationale, we certainly will have more to say on this important issue," turnpike CEO Joe Brimmeier said in a statement.
The decision also was a major victory for Republican U.S. Reps. Phil English of Erie and John Peterson of Venango County, who argued that tolling I-80 would cripple the rural areas they represent along the interstate corridor.
"This is a huge victory for rural Pennsylvania and a blow to Harrisburg's attempt to turn I-80 into a cash cow for unrelated transportation programs, like mass transit," English said in a statement. "The U.S. Department of Transportation's decision slams the door on the attempt by PennDOT and the Turnpike Commission to treat rural communities as second class citizens and to stretch the federal law."
State lawmakers return to session Monday following a two-month recess. Rendell said the Legislature needs to act on the turnpike bid before adjourning. The House and Senate have only nine session days scheduled before the Nov. 4 election, and Senate leaders don't plan on holding a post-election session.
Albertis has extended the life of its offer, but Rendell said time his running out.
"I can guarantee you that Albertis bid will not be there in January," he said. "It's a problem we've got to solve now."
House Appropriations Chairman Dwight Evans, a Philadelphia Democrat who sponsored the turnpike privatization bill, believes the lease proposal should get a full airing in the Legislature, said his aide Johnna Pro. "Representative Evans believes the bill should come to the (House) floor where we can have a robust debate on the merits and have a vote," Pro said."To not even discuss it would be silly."
Some of Evans' fellow lawmakers, however, might not share Rendell's sense of urgency.
"The prospects for dealing with it now are zero," said Paul Parsells, chief of staff to Majority Whip Keith McCall, D-Carbon County. "There is no crisis."
Rendell said he is open to any other option that raises $1 billion a year. "Could they come up with a second proposal? Sure," Rendell said. The governor said the state's transportation funding dilemma might knock him off the campaign trail, where he is stumping for Democratic presidential nominee Barack Obama.
"It might mean I have to curtail some of my campaign activity," Rendell said.
The state Turnpike Commission could submit a new bid for tolling I-80, but Rendell said the chances of approval are virtually nil.
Peters rejected the application, Rendell said, because federal law requires that money raised from tolling an interstate be used for repair and maintenance of that interstate or roads that link to it.
"It did not meet technical requirements of the act," Rendell said.
Brad Bumsted can be reached at bbumsted@tribweb.com or 717-787-1405.
http://www.pittsburghlive.com/x/valleyindependent/teenscene/s_587744.html
Pennsylvania Constitution Party Ballot Access Hearing
September 10th, 2008
On September 10, U.S. District Court Judge Yvette Kane held a hearing in Baldwin v Cortes, over the August 1 petition deadline for minor party and independent candidate petitions in Pennsylvania. The hearing lasted one hour and fifteen minutes. The Judge seemed sympathetic to the Constitution Party’s position, but also concerned that if she rules against the deadline, that would cause election administration problems for Pennsylvania. No witnesses testified for either side. A decision is expected in a few days.
http://www.ballot-access.org/page/2/
On September 10, U.S. District Court Judge Yvette Kane held a hearing in Baldwin v Cortes, over the August 1 petition deadline for minor party and independent candidate petitions in Pennsylvania. The hearing lasted one hour and fifteen minutes. The Judge seemed sympathetic to the Constitution Party’s position, but also concerned that if she rules against the deadline, that would cause election administration problems for Pennsylvania. No witnesses testified for either side. A decision is expected in a few days.
http://www.ballot-access.org/page/2/
Tuesday, August 26, 2008
Exciting events lined up for Chuck and Darrell!
Election day is 74 days away, and the Baldwin campaign is pressing forward with new ideas and continuing to get the word out about a third party candidate who will represent the Constitution as it was intended. These are some of the events that are coming up that you can get involved in and help support as we further our shared message of restoration.
Coinciding with the first day of the DNC, August 25th, Darrell Castle will be joined by Bob Barr, amongst others, at a rally hosted by the Colorado Minutemen, to speak about the current policy decisions regarding immigration.
A few days after that, August 26th through the 29th, Chuck will be embarking on his South Carolina tour. This state has a strong history of defending the Constitution, and we believe that the Constitution Party message will resonate well to the voters of one of the original thirteen colonies. If you live in South Carolina, or if you have friends or family there, email us at contact@baldwin2008.com or call Patricia Wheat (803-312-3406) for more information.
Other exciting news is that the Constitution Party will be appearing on the West Virigina ballot this November due to the dedicated hard work over the past few months during the signature collection process. To celebrate this fact, our Vice Presidential nominee, Darrell Castle, will be at the West Virginia Constitution Party State convention today, August 23rd.
Speaking of Americans with a history of defending the Constitution, Chuck is going to be at Ron Paul's Rally for the Republic in Minneapolis, MN where thousands of freedom-loving patriots will be gathering on September 2nd. We would love to see you there, to meet new supporters, introduce you to Chuck himself, and energize the rally as only true Constitutionalists can.
Our main campaign phone number is now in place, 1-866-99-BALDWIN (easy to remember, and the extra numbers don't matter). Calling this number lets you order yard signs and bumper stickers, ask about particular issues, and schedule press or radio and other media interviews with Chuck and Darrell.
Finally, the biggest endorsement we've received lately came from Dr. Jerome Corsi, the author of best seller The Late Great USA and the recently-published NYTimes bestseller The Obama Nation. As the dissatisfaction with the two party system is building and our fellow citizens are learning about new options, the choice is clear: the Constitution Party and Chuck Baldwin. Dr. Jerome Corsi understands the dilemma, and he made his choice, as he said on Larry King Live: "I am not voting for McCain, I am voting for Chuck Baldwin."
These and other events are becoming reality before our eyes, and it is thrilling/encouraging to watch... and with your continued support, we're reaching even higher goals. Take a few minutes to donate $5, $25, or $50: whatever you feel led to. We're working on fliers, posters, and other material to help you reach to your community; but we need funds to bring these projects to fruition, so please donate today!
Sincerely,
Baldwin Campaign Team
Coinciding with the first day of the DNC, August 25th, Darrell Castle will be joined by Bob Barr, amongst others, at a rally hosted by the Colorado Minutemen, to speak about the current policy decisions regarding immigration.
A few days after that, August 26th through the 29th, Chuck will be embarking on his South Carolina tour. This state has a strong history of defending the Constitution, and we believe that the Constitution Party message will resonate well to the voters of one of the original thirteen colonies. If you live in South Carolina, or if you have friends or family there, email us at contact@baldwin2008.com or call Patricia Wheat (803-312-3406) for more information.
Other exciting news is that the Constitution Party will be appearing on the West Virigina ballot this November due to the dedicated hard work over the past few months during the signature collection process. To celebrate this fact, our Vice Presidential nominee, Darrell Castle, will be at the West Virginia Constitution Party State convention today, August 23rd.
Speaking of Americans with a history of defending the Constitution, Chuck is going to be at Ron Paul's Rally for the Republic in Minneapolis, MN where thousands of freedom-loving patriots will be gathering on September 2nd. We would love to see you there, to meet new supporters, introduce you to Chuck himself, and energize the rally as only true Constitutionalists can.
Our main campaign phone number is now in place, 1-866-99-BALDWIN (easy to remember, and the extra numbers don't matter). Calling this number lets you order yard signs and bumper stickers, ask about particular issues, and schedule press or radio and other media interviews with Chuck and Darrell.
Finally, the biggest endorsement we've received lately came from Dr. Jerome Corsi, the author of best seller The Late Great USA and the recently-published NYTimes bestseller The Obama Nation. As the dissatisfaction with the two party system is building and our fellow citizens are learning about new options, the choice is clear: the Constitution Party and Chuck Baldwin. Dr. Jerome Corsi understands the dilemma, and he made his choice, as he said on Larry King Live: "I am not voting for McCain, I am voting for Chuck Baldwin."
These and other events are becoming reality before our eyes, and it is thrilling/encouraging to watch... and with your continued support, we're reaching even higher goals. Take a few minutes to donate $5, $25, or $50: whatever you feel led to. We're working on fliers, posters, and other material to help you reach to your community; but we need funds to bring these projects to fruition, so please donate today!
Sincerely,
Baldwin Campaign Team
Monday, August 25, 2008
Third-party candidates take ballot access fights to court
Once again, third parties are forced to go to court to gain access to the ballots in various states. An article by Melanie Bengtson, an intern with the First Amendment Center Online, reports that “presidential ballot-access lawsuits have been filed in at least eight states this year. Two candidates stand out among dozens of third-party candidates — Libertarian Party nominee Bob Barr and Ralph Nader, a presidential campaign veteran running as an independent.”
Barr and the Libertarian Party have ballot access lawsuits pending in Oklahoma, Tennessee, Massachusetts, and West Virginia. In the Massachusetts lawsuit, the Libertarian Party will be represented by the ACLU of Massachusetts. The lawsuit in Tennessee was filed jointly in January by the Libertarian Party, the Green Party, and the Constitution Party. Ralph Nader is expected to file suite in Idaho.
Adds Bengtson:
Former Democratic presidential candidate Dennis Kucinich, the American Independent Party’s Alan Keyes, and the Ohio Socialist Party and have also filed ballot-access lawsuits this presidential election year.
http://thirdpartywatch.com/2008/08/25/third-party-candidates-take-ballot-access-fights-to-court/
Barr and the Libertarian Party have ballot access lawsuits pending in Oklahoma, Tennessee, Massachusetts, and West Virginia. In the Massachusetts lawsuit, the Libertarian Party will be represented by the ACLU of Massachusetts. The lawsuit in Tennessee was filed jointly in January by the Libertarian Party, the Green Party, and the Constitution Party. Ralph Nader is expected to file suite in Idaho.
Adds Bengtson:
Former Democratic presidential candidate Dennis Kucinich, the American Independent Party’s Alan Keyes, and the Ohio Socialist Party and have also filed ballot-access lawsuits this presidential election year.
http://thirdpartywatch.com/2008/08/25/third-party-candidates-take-ballot-access-fights-to-court/
Wednesday, August 20, 2008
House debates religious schools’ labor union role
BY ROBERT SWIFT
HARRISBURG BUREAU CHIEF
Published: Tuesday, August 19, 2008
HARRISBURG — The showdown over a union for teachers in the Diocese of Scranton shifted Monday to a Capitol hearing room.
A bill giving lay teachers and employees of private religious schools the right to join collective bargaining units was debated for five hours at a House Labor Relations Committee hearing.
Rep. Eddie Day Pashinski, D-121, introduced the measure several months ago as members of the Scranton Diocese Association of Catholic Teachers picketed and staged work stoppages to protest a diocese decision not to recognize them as a collective bargaining unit.
The labor dispute came after the restructuring process in 2006-07 that reduced the number of schools in the Diocese of Scranton. The diocese announced last January it would not recognize the diocese association and announced instead the formation of employee relations councils.
Bill’s provisions
Mr. Pashinski’s bill would allow lay teachers and employees at religious schools to decide by a majority vote in a secret ballot if they want to be represented by a union. Unions in religious schools could bring grievances to the Pennsylvania Labor Relations Board under the bill. The board would be prohibited from issuing decisions that define or interpret a religious school’s doctrine or change a religious school’s organizational structure.
Mr. Pashinski told panel members he hopes to strike a balance between employee rights and the protection of religious doctrines through the legislation.
Representatives of both sides in the Scranton education dispute — the teachers association and top diocesan officials — staked out opposing positions on the legislation.
Key themes in the testimony involve extending the constitutional right of assembly to religious school teachers, carrying out the mission of Catholic education and maintaining separation between church and state.
Milz testifies
In his testimony, Michael Milz, the diocese association president, said enactment of the legislation will give association members access to the right of association and freedom of speech.
“We ask for the same rights as all workers, nothing more and nothing less,” he added. “We ask for your relief.”
Diocesan officials cited the need to protect the identity of Catholic schools as one reason for their opposition to the bill.
The bill is unnecessary and dangerous, said Mary Tigue, assistant superintendent of schools.
“When you insert yourself into the life of a Catholic school as this legislation does, it is going to cause problems,” she added.
Several members of the evangelical community spoke against the legislation as well. They said it’s difficult to draw a distinction as the bill does between church officials and lay teachers at many private religious schools.
The bill will harm the wall of separation between church and state and undercut the authority of church schools, said Gregory Reed, who described himself as a lay person in an evangelical community in Snyder County.
The committee will hold additional hearings on the bill in Philadelphia and Pittsburgh.
Contact the writer: rswift@timesshamrock.com
http://www.thetimes-tribune.com/articles/2008/08/19/news/sc_times_trib.20080819.a.pg3.tt19union_s1.1886367_top6.txt
HARRISBURG BUREAU CHIEF
Published: Tuesday, August 19, 2008
HARRISBURG — The showdown over a union for teachers in the Diocese of Scranton shifted Monday to a Capitol hearing room.
A bill giving lay teachers and employees of private religious schools the right to join collective bargaining units was debated for five hours at a House Labor Relations Committee hearing.
Rep. Eddie Day Pashinski, D-121, introduced the measure several months ago as members of the Scranton Diocese Association of Catholic Teachers picketed and staged work stoppages to protest a diocese decision not to recognize them as a collective bargaining unit.
The labor dispute came after the restructuring process in 2006-07 that reduced the number of schools in the Diocese of Scranton. The diocese announced last January it would not recognize the diocese association and announced instead the formation of employee relations councils.
Bill’s provisions
Mr. Pashinski’s bill would allow lay teachers and employees at religious schools to decide by a majority vote in a secret ballot if they want to be represented by a union. Unions in religious schools could bring grievances to the Pennsylvania Labor Relations Board under the bill. The board would be prohibited from issuing decisions that define or interpret a religious school’s doctrine or change a religious school’s organizational structure.
Mr. Pashinski told panel members he hopes to strike a balance between employee rights and the protection of religious doctrines through the legislation.
Representatives of both sides in the Scranton education dispute — the teachers association and top diocesan officials — staked out opposing positions on the legislation.
Key themes in the testimony involve extending the constitutional right of assembly to religious school teachers, carrying out the mission of Catholic education and maintaining separation between church and state.
Milz testifies
In his testimony, Michael Milz, the diocese association president, said enactment of the legislation will give association members access to the right of association and freedom of speech.
“We ask for the same rights as all workers, nothing more and nothing less,” he added. “We ask for your relief.”
Diocesan officials cited the need to protect the identity of Catholic schools as one reason for their opposition to the bill.
The bill is unnecessary and dangerous, said Mary Tigue, assistant superintendent of schools.
“When you insert yourself into the life of a Catholic school as this legislation does, it is going to cause problems,” she added.
Several members of the evangelical community spoke against the legislation as well. They said it’s difficult to draw a distinction as the bill does between church officials and lay teachers at many private religious schools.
The bill will harm the wall of separation between church and state and undercut the authority of church schools, said Gregory Reed, who described himself as a lay person in an evangelical community in Snyder County.
The committee will hold additional hearings on the bill in Philadelphia and Pittsburgh.
Contact the writer: rswift@timesshamrock.com
http://www.thetimes-tribune.com/articles/2008/08/19/news/sc_times_trib.20080819.a.pg3.tt19union_s1.1886367_top6.txt
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