No Affiliation Alliance

Introducing an Independent Ballot Part IV

The equal protection clause of the 14th amendment implies that any law that is made requires all citizens to abide; then the same consequence and application must be applied to all citizens – there cannot be special circumstance or privilege granted to persons of one group over another.

This is exactly what is happening with our election laws in regards to the primary elections.

The intent of the primary election is to run off candidates seeking the same official seat. The primary election is no longer the party conventions where electors of a party nominate a party representative and they go to the general election. The primary is a publicly funded state regulated event that the states are mandated to enforce equally and within the confines of the constitution of the United States and the state and though the party can select a preferred candidate to run…the popular primary by public election can select another. For the office of President that falls to the Electoral College but for all other offices it is strictly by popular vote.

Current Board of Elections statutes favor candidates and voters of parties over candidates and voters that choose a third party or no party designation. Voting is a fundamental right to every citizen. It is the foundation of our legislative structure. It is much a right for independents to choose a representative from among independent candidates as it is for republicans and democrat’s to select one of theirs.

In the May 16th primary election 2017 the merit retention provision of Pennsylvania’s constitution allowed all but magisterial district judges to be retained with a simple “yes” or “no” vote without ballot reference to political affiliation. By the definition of the Board of Elections any candidate or voter that retains no party affiliation or designation is classified as an independent. If an independent candidate is allowed to run in the primary election why then were independent voters not allowed to participate in the primary election?

No-affiliation, unaffiliated and voters that write no party or leave the section blank are by state standards members of the two major parties, but a double standard is set by a state constitutional article that creates a discriminatory application giving those voters that chose to designate themselves to either major party a right to vote while exiling those that maintain their right to privacy.

The application and authority of one constituted amendment does not subordinate another. The first amendment protects the right of the parties to assemble and select representatives in closed elections should and does protect independents to the same right of representative selection in the primary. There are no laws, constitutional, federal or state that require a voter or candidate to designate party affiliation to vote or run for public office in either the primary or general election.

The 1965 Voters Right Act restrains the state from enforcing barrier laws based upon intellectual discrimination’s. The 14th Amendment restricts the states from making laws in regards to the election process beyond setting the qualifications of age, residence and citizenship. The 14th Amendment also states that all laws must be enforced equally. The law requires voters to register. The registration requirement is not to vote but to establish they are eligible and qualified to vote by certifying their age, residence and citizenship. This is the same with candidates running for public office.

There was never any constitutional suggestion that belonging to a specific party would imply more right or qualification to vote than to a citizen that does not designate. The First Amendment right to assemble must be equally administered. It cannot support the right of groups while obstructing the rights of undesignated and third party voters and candidates from assembling in a joint independent ballot.

Right to privacy laws protects a voter from having to divulge their political views. Party designation was not required to be listed on a voter’s registration until the 1970’s. The primary election we use currently did not begin until the 1970’s. The exclusion of independents from the primary began in the 1970’s and party designation became a mandate to vote because the parties made it so.

The electorate college is not the problem with our election system. It gives an equal representation to the smaller states in the selection of our president. The election system failure comes at the state level with the enforcement of barrier laws that invalidate independent voters from selecting a candidate of their chose. Independent voters have been reduced to choosing from candidates elected by the two major parties. It is when neither of these candidates is representing the best interest of independents that are subject to the legislation’s and acts of an assembly or congress – our citizenship is invalidated – and charges of taxation without representation become valid charges.

The state enforced barrier law that restricts an independent candidate from filing their qualifications papers until after the primary election invalidates the independent voter from choosing their preferred candidate.

The primary election is not exclusive to the parties because it is a publicly funded election and regulated by the state. If it were true that the primary was for parties to run off candidates then why is it that parties that meet the qualification to have their party listed on the general election ballot; cannot runoff in the primary election? Because the major parties fear that if independents run in the primary they will become validated by the media and stand a chance to win in the general election. The method of our current primary election procedure is nothing less than a device for the two parties to maintain control over our legislative.

There are not legislation’s or constitutional changed to be made.

The commissioner of elections has the authority to rescind the statute preventing independent candidates from filing their qualification papers until after the primary election. Independents should be able to file their papers and submit their nomination papers at the same time as republicans and democrats to be on the primary ballot – equal enforcement of the law is a mandate for the states to follow. Setting different qualifications and scheduling with the intent to deliberately obstruct independent voters from participating in a fundamental right to vote is unconstitutional and violates federal law.


The first amendment allows individuals and independent parties to assemble as a minor party election ballot.
Independent candidates would file their qualification papers at the same time as democrats and republicans.

Upon meeting the age, residence and citizenship requirements they are certified as eligible and qualified.

They would accumulate and submit their nomination papers and upon meeting the quota of signatures set for that office by the state that then have their name listed on the ballot for independent candidates.

For an independent to run as an independent party nominee that party would have to meet the standard of 15% of the registered voters of that state; In which case they can choose to retain a closed primary election.

Individuals and parties that do not meet this qualification will run off against each other with the individual receiving the most votes moving on to the general election.

This procedure will result in three ballots instead of two in the primary election

The only thing that changes is the election official hands the independent his ballot and goes into the election booth and makes their choice. Nothing changes for the democrat or republican voter. In the general election nothing changes. All of the candidates that have won in the primary are listed on the general election. The only change would be is the independent selection in the general election will be reduced.
What is a Board of Elections?

A board of elections is a government body tasked with overseeing elections at the local, county, state and federal levels. However, they’re usually organized at the county level. They may also be responsible for school board elections. A board of elections works closely with the local board of registrars or county registrar of voters. These organizations work to ensure that elections are orderly and voting results are accurate.

The board of elections organizes and manages elections in local communities. They are charged with supervising elections at each voting precinct. Elections departments include commissioners and supervisors who keep the voting process fair and democratic. The board of elections provides voter registration so that eligible voters may vote. It’s responsible for primary elections, regular elections, and absentee voting.
Bureau of Commissions, Elections and Legislation

They are the oversees of the Commonwealth’s electoral process as well as Campaign Finance, Voter Registration, Office of Notary Public, Commissions and Legislation.

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

The right to assemble to select a candidate of our own choice by casting a private vote in a public election is to express a political point of view. Which is the very foundation of our legislative system but the party system has subordinated this system and change us from a government of laws to government of hypothetical solution based upon popular opinion. Laws are only applicable when they serve the favor of the parties and both parties have been compromising our checks and balances since the end of the Civil War.

A candidate designates themselves to a party it is simply an indicator of their political views. Their views may vary from liberal to conservative but they are still of the same party. It is the same with independents that can have a political view ranging from liberal to conservative. In short all candidates are individuals and they serve the best interest of the people that elect them and not the party and to allow independents to run in the primary election will balance the power the two major parties hold on the legislative process. Party designation should not be the influencing factor on which laws are being made.

Take for instance the North American Free Trade Agreement.

On May 18 2017 President Trump sent a 90 day notification to congress of his intent to renegotiate the agreement with Mexico and Canada, In 1992 proponents of NAFTA argued that the agreement would create more jobs and high wage scale while opponents argued it would do the reverse. It has inadvertently changed the United States economic base from a manufacturing base to a service based economy which is the weaker of the two.

NAFTA has affected our political structure to favor corporate controlled industry and has lost nearly 500 million jobs since 1998 when the initial positive affect that NAFTA had on our economy began to balance out. The objections American businessmen have about NAFTA is not against free trade but desire for fair trade as many American industries have found them at a disadvantage since Mexico was not compliant to many of the conditions of the agreement in particular wage compensation.

Opening our borders has created more than immigration problems. There is about 300 million dollars in black market exchange that are using the ports of Mexico to transport stolen goods all over the world.

NAFTA has allowed the franchise of American companies copyright, patent and trade mark to foreign governments. We have virtually lost the right to manufacture those products in the United States.

NAFTA has been slowly reducing our identity as a nation from the United States of American to North America which assimilates the constitutions of two foreign countries in contrast to our own and challenges the very sovereignty of the United States Constitution.

We have both parties that want to maintain this agreement regardless of the consequence to the states and people. The democrat plan of big government selling off American resources on the common market is in tandem with the republican plan is to sell off American resources on the common market – the stock market is booming while domestic industries are failing. The implication of establishing a global economy has superseded the stability of the United States economy.

The means to rectifying this transgression is to elect officials that are more interested in what’s best for America and not about party. The Independent participation in the primary election will challenge the two party structures to select better candidates rather than puppets that do as they are told. If you want a bureaucracy to work for you; you need to challenge its existence…If you want a politician to work for you; you must challenge their career. And this is the motivation behind getting independent candidates to run in the primary. If you are satisfied with the current demeanor of the elections and candidates – you must be crazy and if you are not – then sign the petition and let’s get this thing done. It doesn’t matter where you are in this country…If this mode of election is validated in Pa it will become an accepted nationwide primary election method because all state use the same barrier law that exempts independent candidates from running in the primary by scheduling them to validate their credentials until after the primary election.

Filed Under: No Affiliation Alliance Voter News


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