Citizens in Charge

The James Madison Center for Free Speech in Terre Haute, Indiana issued the following press release today about a very important case that could potentially come before the U.S. Supreme Court in the near future:

PRESS RELEASE
Monday, September 20, 2010
Contact: James Bopp, Jr.
Phone: 812.232.2434; Fax: 812.235.3685; jboppjr@aol.com

Tea Party Candidate Asks Supreme Court To Protect Voter and Candidate’s Rights

Today Herb Lux, an independent candidate for Congress, filed an emergency application with the Supreme Court to protect his right to collect signatures in furtherance of his own candidacy.

Virginia law requires congressional candidates to collect 1,000 signatures before they can appear on the ballot. Even though Lux collected over 1,200 signatures, he was refused a place on the ballot because he witnessed most of the signatures himself. Under Virginia law, candidates may witness their own signatures, and a candidate may run for Congress without residing in a given congressional district. However, only residents of a congressional district can gather signatures and Lux does not reside in the congressional district where he is running. Lux, who is joined in the suit by three supporters, unsuccessfully sought relief from lower courts, and is now asking the Supreme Court to issue an immediate order that would require Virginia to count Lux’s signatures and, provided he has at least 1,000 valid signatures, print his name on the November ballot.

Lux applied for immediate relief from the Supreme Court because the lower court was not going to make a decision in the case until long after the election was over.

James Bopp, Jr., lead counsel for Lux and his supporters, stated, “The Supreme Court has clearly indicated that under the First Amendment a state may not prohibit large classes of people from circulating petitions absent a compelling reason. There is simply no reason for prohibiting Mr. Lux from circulating his own petitions. Not only does it hurt Mr. Lux; it also hurts the voters who signed his petition.”

The application was addressed to Chief Justice John G. Roberts. The application may be viewed at www.jamesmadisoncenter.org.

Stay tuned to our Citizen Blog for more information on this story.