How About We Test The Theory Of Malicious Frivolous Lawsuits?

Thursday, January 09, 2003

By PV Staff (PoliticalVine@aol.com)

Rumors have it that after the hoopla and outcry from Cynthia McKinney about "malicious crossover voting" by Republicans that helped defeat her, the lawsuit that was filed back in October 2002 has dropped its' cause against all Republicans previously named in the lawsuit.

PV Provides Background: After 4th District Congresswoman Cynthia McKinney got trounced in her primary with the help of Republicans crossing over and voting for Denise Majette, five McKinney supporters secured the services of the McKinneys' lawyer, a man by the name of J.M. Raffauf.

The "legal theory" Raffauf based his suit on was a California case the U.S. Supreme Court decided in 2000. The Court ruled that a "blanket primary" in which all candidates, regardless of party affiliation, were listed on one ballot was invalid.

The difference between the California case and Georgia is substantial. In Georgia, people have to choose a party ballot before they can cast a vote. In California, all candidates were listed at one time for each office...kinda like a free for all.

The original lawsuit filed by Raffauf named the following defendants: Secretary of State Cathy Cox, the DeKalb and Gwinnett County election supervisors, Denise Majette, the DeKalb Republican Party and the state Democratic and Republican parties.

The remedy demanded by the lawsuit included idiotic demands like "invalidate" the primary results and declare Cynthia McKinney the "winner."

PV Reports Good News: The attorney, Raffauf, reportedly filed an amended lawsuit last Wednesday that excludes the DeKalb Republican Party and the State Republican Party.

His reasoning is that he has determined that his clients: 1) cannot obtain any remedy from the Republicans, and 2) that they do not wish to dictate how the Republicans run their primary. Bizarre reasoning, when you think about it. But, then again, the entire lawsuit is bizarre, so any logic that spins out of it would require a degree of "bizarro-ness" associated with it. Good luck, Mr. Raffauf on your endeavors.

PV Footnote: We have obtained a copy of the original lawsuit filed last October, and placed it on our Website here. It's an interesting read...especially if you're looking for a good laugh.


PV Staff