BROOKINGS--In a stunning ruling Tuesday, the Biereland Supreme Court overturned a key law that governs the election of the state's governor and lieutenant governor.
In a 5-4 ruling, the court said a key statute in the state's constitution had been misinterpreted by the legislature and the Secretary of State's office.
The constitutional clause in question states "the governor and lieutenant governor shall be dually elected to separate and independent offices by the people of Biereland for a term of precisely four years, beginning on the last Monday of the month of January of the succeeding year."
Over the years, state legislators and elections officials have interpreted the law to mean that the governor and lieutenant governor should be elected separately and independently of each other.
Under that system, the governor and lieutenant governor could hail from separate parties, as was the case from 2008-2010, when Gov. Jenny Duschowitz (C) and Lt. Gov. Ashton Downs (N) served together.
But in Tuesday's ruling, the court said the law has been misinterpreted, and that the phrase "dually elected" requires that the governor and lieutenant governor be elected on the same ticket, meaning a vote for one candidate would be a vote for both.
"The clause in question is vague, but we hold that the governor and lieutenant governor should, according to the Constitution of the State of Biereland, be elected together, on the same ticket. The two candidates for the respective offices shall campaign together and be elected jointly."
The court's ruling also mandates that the changes to the election law be in effect in time for the 2014 statewide election.
But the court also handed back the issue to the state legislature for clarification.
"This clause is unreasonably vague, and clarification by the legislature is necessary," Chief Justice Bill Wilkerson wrote for the majority.
Specifically, the legislature must clarify how the lieutenant governor shall be chosen.
One option is to let each party's gubernatorial nominee choose a running mate to run with them in the general election. That means the candidates for lieutenant governor would essentially be selected by each parties' candidate for governor.
Another option is to allow voters to choose a lieutenant governor candidate in a primary election, and then have the gubernatorial nominee and the lieutenant governor nominee run on the same ticket. This option would allow primary voters to have a say in the lieutenant governor choices.
A third method would allow voters to select a nominee for governor, and then have party activists elect a candidate for lieutenant governor during a closed-voting session at each political party's state conventions.
The court remanded the issue back to the legislature, and set a deadline for September 31, 2013.
The justices also suggested the legislature put the issue to a popular vote in the 2014 elections.
"It might be wise of the legislature to submit this issue to the voters in the coming mid-term election, to allow them to have a say in how they elect their governor and lieutenant governor," Wilkerson wrote.
The court's ruling means Biereland will become the tenth "ticket state," where governors and lieutenant governors are elected on the same ticket.
Many opposed the court's decision, however.
In dissent, Justice Sophia Warren-Diaz said the current system is more favorable because it gives voters choice.
"The system in place allows voters to cross-vote, or split their ticket among the parties," wrote Warren-Diaz. "Under the current system, a voter might vote for the Conservative candidate for governor, and vote for the Nationalist candidate for lieutenant governor, or vice-versa. This gives voters more freedom in their vote, and fosters bipartisanship."
"The system the court set in place today restricts the ability of the voter to choose in good faith the candidates they best see fit for each separate office," Warren-Diaz said.
The political parties were largely indifferent to the court's ruling. However, both strongly oppose a system where voters could nominate candidates for both offices in a primary election.
"That type of system places too much power in the hands of the voters," Steven Saul, a Conservative party strategist told the Greene Mountain Press (GMP).
"That system would be disastrous for the political parties, because the voters in the primary election could nominate a more mainstream candidate for governor and also simultaneously nominate a controversial candidate for lieutenant governor, and then the two candidates would be hand-cuffed together and have to run in the general election as a team," said Saul.
Lawyers for the NAT agree.
"We do not support a system where the lieutenant governor and governor are nominated separately and then forced to run together," Paul Kirk, senior counsel for the Biereland NAT party, told the GMP.
Gov. San Bartholomew praised the decision, saying electing a governor and lieutenant governor from the same party would reduce gridlock in the capital.
"The court made a courageous decision today. This decision means that the likelihood of gridlock in Brookings between the governor and lieutenant governor is reduced. Today's ruling reinforces the governor-lieutenant governor relationship that is key to the leadership of our state," Bartholomew said.
The two Conservatives challenging Bartholomew in the 2014 election, Attorney General Ben Jordan and former Federal Senator Bob Kozzy, had mixed opinions.
Jordan said the ruling would create a "stronger relationship" between the governor and lieutenant governor, but said he favored a constitutional amendment initiated by the legislature instead of the court making the decision.
"I support the idea but I don't believe the courts are the proper venue for this issue to be decided," Jordan said.
Kozzy said the issue should be decided by the people, not the courts.
"What we saw today was judicial tyranny," Kozzy said at an evening press conference.
"We saw our state Supreme Court overrule the will of the people, without any consent or input from the voters."
The controversial ruling also throws a wrench into the plans of candidates who were already planning on running for lieutenant governor.
So far, there are two candidates who have already filed papers with the Secretary of State's office to run for lieutenant governor in the 2014 election.
Among them is current Lt. Gov. Gabriel Sanchez (N), who was appointed to the position by Gov. San Bartholomew when former Lt. Gov. Ashton Downs (N) resigned in February.
Sanchez declared soon after assuming the office that he would run for the position in 2014, and it's likely that Gov. San Bartholomew would select Sanchez as his running mate if the legislature amends the law in favor of a running mate scenario.
However, the other candidates, who are already planning on running, may have to halt their campaigns if the legislature formats the law in the running mate style, which is expected.
State Sen. Louise Suthers (N) from Brookings has also filed papers to run for lieutenant governor. But if the law is changed to allow the governor to select a running mate, she will most certainly not be chosen by San Bartholomew, since she is challenging Bartholomew's appointee in the NAT primary.
"If they re-do the law and switch it to a running mate format, then I will definitely not be chosen," Suthers said.
She will continue with her campaign until the issue is settled, however.
All three candidates for governor--Bartholomew and Conservatives Jordan and Kozzy--agree that the question of how Bierelanders elect their governor and lieutenant governor should be handed to the people for a popular vote statewide referendum.
"I do believe the people should have a say in this, and it should be on the ballot in 2014," Bartholomew told reporters during a Tuesday afternoon press conference.
Jordan told the GMP "the voters have a right to weigh in on this issue."
And Kozzy was adamant that the "voice of the people should be sought and heard."
"The courts have no place in this decision. This should be placed before the voters."
In the meantime, the court's decision means the forthcoming 2014 election will use the ticket-style method in electing the governor and lieutenant governor. The specifics of that method will be worked out by the legislature, subject to court approval in September 2013.
And then the issue will likely be put to the voters in 2014, who will either affirm the court's ruling and the legislature's re-tooling, or will strike it down, in which case the matter will then go back to the legislature for further review.
In a 5-4 ruling, the court said a key statute in the state's constitution had been misinterpreted by the legislature and the Secretary of State's office.
The constitutional clause in question states "the governor and lieutenant governor shall be dually elected to separate and independent offices by the people of Biereland for a term of precisely four years, beginning on the last Monday of the month of January of the succeeding year."
Over the years, state legislators and elections officials have interpreted the law to mean that the governor and lieutenant governor should be elected separately and independently of each other.
Under that system, the governor and lieutenant governor could hail from separate parties, as was the case from 2008-2010, when Gov. Jenny Duschowitz (C) and Lt. Gov. Ashton Downs (N) served together.
But in Tuesday's ruling, the court said the law has been misinterpreted, and that the phrase "dually elected" requires that the governor and lieutenant governor be elected on the same ticket, meaning a vote for one candidate would be a vote for both.
"The clause in question is vague, but we hold that the governor and lieutenant governor should, according to the Constitution of the State of Biereland, be elected together, on the same ticket. The two candidates for the respective offices shall campaign together and be elected jointly."
The court's ruling also mandates that the changes to the election law be in effect in time for the 2014 statewide election.
But the court also handed back the issue to the state legislature for clarification.
"This clause is unreasonably vague, and clarification by the legislature is necessary," Chief Justice Bill Wilkerson wrote for the majority.
Specifically, the legislature must clarify how the lieutenant governor shall be chosen.
One option is to let each party's gubernatorial nominee choose a running mate to run with them in the general election. That means the candidates for lieutenant governor would essentially be selected by each parties' candidate for governor.
Another option is to allow voters to choose a lieutenant governor candidate in a primary election, and then have the gubernatorial nominee and the lieutenant governor nominee run on the same ticket. This option would allow primary voters to have a say in the lieutenant governor choices.
A third method would allow voters to select a nominee for governor, and then have party activists elect a candidate for lieutenant governor during a closed-voting session at each political party's state conventions.
The court remanded the issue back to the legislature, and set a deadline for September 31, 2013.
The justices also suggested the legislature put the issue to a popular vote in the 2014 elections.
"It might be wise of the legislature to submit this issue to the voters in the coming mid-term election, to allow them to have a say in how they elect their governor and lieutenant governor," Wilkerson wrote.
The court's ruling means Biereland will become the tenth "ticket state," where governors and lieutenant governors are elected on the same ticket.
Many opposed the court's decision, however.
In dissent, Justice Sophia Warren-Diaz said the current system is more favorable because it gives voters choice.
"The system in place allows voters to cross-vote, or split their ticket among the parties," wrote Warren-Diaz. "Under the current system, a voter might vote for the Conservative candidate for governor, and vote for the Nationalist candidate for lieutenant governor, or vice-versa. This gives voters more freedom in their vote, and fosters bipartisanship."
"The system the court set in place today restricts the ability of the voter to choose in good faith the candidates they best see fit for each separate office," Warren-Diaz said.
The political parties were largely indifferent to the court's ruling. However, both strongly oppose a system where voters could nominate candidates for both offices in a primary election.
"That type of system places too much power in the hands of the voters," Steven Saul, a Conservative party strategist told the Greene Mountain Press (GMP).
"That system would be disastrous for the political parties, because the voters in the primary election could nominate a more mainstream candidate for governor and also simultaneously nominate a controversial candidate for lieutenant governor, and then the two candidates would be hand-cuffed together and have to run in the general election as a team," said Saul.
Lawyers for the NAT agree.
"We do not support a system where the lieutenant governor and governor are nominated separately and then forced to run together," Paul Kirk, senior counsel for the Biereland NAT party, told the GMP.
Gov. San Bartholomew praised the decision, saying electing a governor and lieutenant governor from the same party would reduce gridlock in the capital.
"The court made a courageous decision today. This decision means that the likelihood of gridlock in Brookings between the governor and lieutenant governor is reduced. Today's ruling reinforces the governor-lieutenant governor relationship that is key to the leadership of our state," Bartholomew said.
The two Conservatives challenging Bartholomew in the 2014 election, Attorney General Ben Jordan and former Federal Senator Bob Kozzy, had mixed opinions.
Jordan said the ruling would create a "stronger relationship" between the governor and lieutenant governor, but said he favored a constitutional amendment initiated by the legislature instead of the court making the decision.
"I support the idea but I don't believe the courts are the proper venue for this issue to be decided," Jordan said.
Kozzy said the issue should be decided by the people, not the courts.
"What we saw today was judicial tyranny," Kozzy said at an evening press conference.
"We saw our state Supreme Court overrule the will of the people, without any consent or input from the voters."
The controversial ruling also throws a wrench into the plans of candidates who were already planning on running for lieutenant governor.
So far, there are two candidates who have already filed papers with the Secretary of State's office to run for lieutenant governor in the 2014 election.
Among them is current Lt. Gov. Gabriel Sanchez (N), who was appointed to the position by Gov. San Bartholomew when former Lt. Gov. Ashton Downs (N) resigned in February.
Sanchez declared soon after assuming the office that he would run for the position in 2014, and it's likely that Gov. San Bartholomew would select Sanchez as his running mate if the legislature amends the law in favor of a running mate scenario.
However, the other candidates, who are already planning on running, may have to halt their campaigns if the legislature formats the law in the running mate style, which is expected.
State Sen. Louise Suthers (N) from Brookings has also filed papers to run for lieutenant governor. But if the law is changed to allow the governor to select a running mate, she will most certainly not be chosen by San Bartholomew, since she is challenging Bartholomew's appointee in the NAT primary.
"If they re-do the law and switch it to a running mate format, then I will definitely not be chosen," Suthers said.
She will continue with her campaign until the issue is settled, however.
All three candidates for governor--Bartholomew and Conservatives Jordan and Kozzy--agree that the question of how Bierelanders elect their governor and lieutenant governor should be handed to the people for a popular vote statewide referendum.
"I do believe the people should have a say in this, and it should be on the ballot in 2014," Bartholomew told reporters during a Tuesday afternoon press conference.
Jordan told the GMP "the voters have a right to weigh in on this issue."
And Kozzy was adamant that the "voice of the people should be sought and heard."
"The courts have no place in this decision. This should be placed before the voters."
In the meantime, the court's decision means the forthcoming 2014 election will use the ticket-style method in electing the governor and lieutenant governor. The specifics of that method will be worked out by the legislature, subject to court approval in September 2013.
And then the issue will likely be put to the voters in 2014, who will either affirm the court's ruling and the legislature's re-tooling, or will strike it down, in which case the matter will then go back to the legislature for further review.
Posts
No comments:
Post a Comment