In our latest column for the Washington Post, Paul Goldman and I do something immensely unpopular that is certain to offend the bien pensant: we stand up for principle. To make it even worse for ourselves, it involves Fightin’ Joe Morrissey (with whom Paul has a business relationship) and his attempt to secure a place on the June primary ballot. In its cursory vetting of his petition signatures, Democratic party officials said he fell short of the required number. And then did not allow their decision to be appealed.
Several hundred working-class citizens from central Virginia have been left twisting in a different political wind blowing straight out of the Segregationist Era. Exercising their First Amendment rights of speech and association, they signed petitions to put former delegate Joseph D. Morrissey on the ballot for the 16th Senate District Democratic primary. It takes 250 signatures from qualified voters to earn a spot in the June contest.
Democratic Party officials reviewing the petition signatures determined only 222 were from qualified voters — 28 fewer than needed. They denied the candidate access to the ballot. Our review of the petitions found at least 39 Virginians whose signatures may have been wrongfully disallowed.
The attorney general, the state Board of Elections and those acting for the state in this matter — Democratic petition reviewers — have cited the “tough nuggies” clause of the Constitution in refusing any appeal process even for self-evident mistakes. It isn’t found in the Bill of Rights. But most of us have been confronted with the “tough nuggies” clause, having been wronged and yet told by a bully: What are you gonna do about it?
When Paul and I went over the list of people disqualified, the first five all lived within a block or two or three of where they were registered — but remained in the same precinct. They just haven’t changed their voter registrations yet. Democratic officials disqualified them. Under the rules, their signatures should have been counted and would have been counted in an appeal.
If the GOP had done this, the outcry would have been deafening. But in this case, the candidate in question is Joe Morrissey — an unsympathetic character right out of central casting. However:
It’s irrelevant whether the candidate in question is a saint or, in this case, persona non grata among the state’s political elite. We advocate for the right of all Virginians to choose.
“The law,” advised legendary Justice Oliver Wendell Holmes, “is the only thing between us and the jungle.” The more unpopular the person is the more important — albeit politically difficult — it is to defend our basic constitutional values.
And doing anything that even tangentially supports Morrissey is damned difficult.
But I’ve been around enough petition drives in this country to know that mistakes are made — some honestly, some maliciously. In this case, the Democrats want to do whatever they can to keep Morrissey off the political stage. I get it. If they want to do that, beat him at the ballot box. Do so convincingly, overwhelmingly, so that no one, not even Joe’s massive ego, can read the results as anything other than a crushing defeat.
That’s how you handle him — not by shredding the law and principle.
