I thought she said the 2004 decision was in contradiction to the precedent setting decison i.e. that it was a point of question not that the 2004 case set a new precedent. I could be wrong.

__________________
A song that says it all.
http://www.youtube.com/watch?v=BqITJFGyq4s

It is very possible there was a non-citable decision, which means it can't be referenced in future cases (PA judiciary has a horrible problem with that and it should be banned. I believe I brought it up to Rep. Cohen when we had dinner that one time.). You would still have to use the 2000 ruling.

But either way, if you go by the 2000 ruling Payton merely improperly filled out the paperwork and ultimately it just doesn't count in his sig count. If you go by what you are referencing, then he is taking responsibility for the signatures and you would think the repercussions could be more severe.

__________________
Czar of the 26th Ward.

Oh portia . . . .

__________________
A song that says it all.
http://www.youtube.com/watch?v=BqITJFGyq4s

If we say her name three times she magically appears.

Portia, portia ...

__________________
Czar of the 26th Ward.

Here's what I said about the circulator's responsibilities:

(3) The person who signs the circulator's affidavit at the back of each sheet must actually have been present when every signature appearing on the sheet was obtained. (The rule on this was much more lax until a few years ago).

As far as the the circulator's intent is concerned, I do think it's significant that the stricter requirements are relatively recent. I know the rules have changed because I make a point of keeping current with election law (and I'm a lawyer). But I don't think it's reasonable to expect every petition circulator to be familiar with recent caselaw. For years, our courts held that it wasn't necessary for a person signing a circulator's affidavit to have been present when the signatures were obtained. I'm sure there are plenty of circulators who still believe that's the case. So it is, in my opinion, entirely plausible that someone who didn't actually circulate a petition could sign the affidavit with no idea they were violating an existing regulation.

Thanks for the correction. I stand corrected.

So Tony's bad sheets may have negative legal results but signing as circulator does not mean he personally collected each one. Debatably that he was present overseeing their collection but it really sounds like its up to the AG. Same would go for Farnese's ciruclators and Tommy Blackwell.

__________________
A song that says it all.
http://www.youtube.com/watch?v=BqITJFGyq4s

Honestly, if he didn't collect them himself, I put it up at the level of "filled out paperwork incorrectly".

What I would like to see is (if they don't have it) a week before petition gathering starts, the Board of Elections has a free seminar that anyone can attend to go over such election law and any recent changes. That way, no one is allowed to plead ignorance (and it helps eliminate going after new candidates that don't know better).

__________________
Czar of the 26th Ward.

What an excellent suggestion.

__________________
A song that says it all.
http://www.youtube.com/watch?v=BqITJFGyq4s

I agree and I believe the person who should come forward with an explanation is Tony Payton.

I would really like to hear what Mr. Payton has to say about Blair Talmadge's response (see below) that Payton used Talmadge as the "fall guy" Mr. Talmadge says his circulators were responsible for the 250 votes that were counted as valid towards Mr. Payton's 300.

I Saved Payton
I am responding to the Mar. 20 article that ran in the Philadelphia Public Record, “Payton’s Petitions Appear Wobbly”.
I was never “hired” by State Rep. Tony Payton or his campaign. All of my efforts, including managing his successful 2006 campaign, were donated. I believed at the time his fresh ideas and energy could revive the 179th House Dist.
Conventional wisdom would suggest that if I was never hired by Payton, then I could not have been fired by him.
My volunteer efforts during this 2008 campaign involved organizing and mobilizing local citizens of the 179th Dist. to circulate the Representative’s nomination petitions, using street lists. Next, the petitions were visually inspected for “kitchen table” fraud prior to notarization. During this entire process, one petition was rejected. Before leaving to work with an out-of-town client, I ensured all petitions were submitted to the Representative’s campaign in plenty of time to be re-inspected against the voter file.
Of the 300 valid signatures required to be on the ballot, my circulators accounted for more than 250. In the end, the signatures I donated are responsible for Payton winning his case and remaining on the ballot.
I’m sure there are a number of campaigns that would have appreciated a similar contribution.
On Mar. 14, a meeting was convened which included the Representative, his campaign manager David Dix, and several others. The discussion centered on campaign activities, and updates on the impending court case involving the petitions. Never once during this meeting were the petitions that I contributed called into question.
I am not clear why Payton was inclined to use my name during court testimony as the petition fraud culprit. Perhaps he wilted under cross examination, “misspoke” as Senator Clinton recently did in her “Sniper Fire” comments or needed a convenient alibi. Whatever the reason, I felt compelled to address the Representative’s attempt to damage my integrity and reputation I have been building over the past 16 years performing exceptional work for over 60 Democratic candidates in 25 states.
For it was my exceptional work that made it possible for a political novice, housing counselor, and Community College student become the State Representative of the 179th Dist.
Blair Talmadge
http://www.phillyrecord.com/2008/0403/letters.html

The bottom line question to ask yourself is WHY would I, as a voter, want to re-elect a candidate (Democrat, Republican, or Progressive) that doesn't have the maturity level and intelligence necessary to be a State Representative (or hold any political position whereby that person represents a community/district). I can't believe the level of ignorance in all of the above.

Hmm. Maybe I will see if I can talk to Duda about this.

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Czar of the 26th Ward.