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Andy Martin seeks senate ballot access in Florida

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Headline: Federal Judge Orders haring in Andy Martin case
Date: 07 May 2004
Time: 18:44:19 -0400
Remote Name: 205.188.116.141

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FOR IMMEDIATE RELEASE: May 7, 2004

FEDERAL JUDGE SETS EMERGENCY HEARING IN FLORIDA REPUBLICAN PARTY U.S. SENATE PRIMARY

(FORT LAUDERDALE) U.S. District Judge James Cohn Friday set a hearing for Wednesday, May 12th at 8:30 A.M. in the federal courthouse, Fort Lauderdale, on an emergency civil rights lawsuit filed by U.S. Senate candidate Andy Martin to stay on the primary ballot.

Martin qualified for the senate seat Monday May 3rd, was removed May 4th, and filed suit May 5th.

Boca Raton attorney Lisa Marie Macci filed the lawsuit. [Media contact: (561) 361-8528; cell (561) 252-8528]

Copies of the court's order are available on request to Martin campaign headquarters (888) 320-2639. The text of the lawsuit accompanies this release.

"The same issue has been litigated in three (3) federal courts of appeal," Martin says, "and the appellate courts are unanimous. The Eleventh Circuit court of appeals has not addressed the issue, but has adopted the same test as developed by the Ninth Circuit. We do not know why the State of Florida insists on violating the United States Constitution, and defying unanimous federal appellate court authority.

"Crooked Florida politicians are trying to keep my name off the ballot because I am an opponent of the Iraq war. I say let the voters decide who should be the candidate. It is a crowded field. I have a message no other candidate has: stop the human rights violations, and get out of Iraq expeditiously. I favor a change in U.S. policy towards the Palestinians."

Although filing for the senate seat closed May 7th, the federal court has the power to add Martin's name to the ballot.

Martin is independent contrarian columnist and chief national and foreign correspondent for Out2.com. He has served as Baghdad Bureau Chief since April, 2003. He has been involved in the Middle East since 1971 and is scheduled to return to Baghdad in late May. He is one of America's most respected foreign policy analysts. Martin is a disciple of the late Prof. Bernard Fall and Executive Director of the Revolutionary War Research Center, a Washington-based consortium.

Martin Media Contact: (866) 706-2639. Background stories: Out2.com (see Govt & politics). Andymartin.com; E-mail: andy@andymartin.com. Martin is attempting to qualify for the Republican Nomination for U.S. Senator from Florida. Notwithstanding, Martin expects to be in position in Iraq on June 30th to cover the transition, if there is one.

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA

ANDY MARTIN,

Plaintiff,

v. No. 04-CIV-60596-COHN STATE OF FLORIDA, JEB BUSH GOVERNOR, GLENDA HOOD, SECRETARY OF STATE, EDWARD C. KAST, DIRECTOR, DIVISION OF ELECTIONS,

Defendants. __________________________________/

COMPLAINT FOR DECLARATORY JUDGMENT AND INJUNCTIVE RELIEF

1. Jurisdiction This court has jurisdiction pursuant to 28 U.S.C.A. Sec. 1343 and 42 U.S.C.A. Sec. 1983. 2. Factual allegations a. Andy Martin is a legally qualified candidate for United States Senator. b. The defendants are sued in their official capacities and are officials of the State of Florida responsible for the conduct of elections. c. Defendant Kast has indicated he will not allow Martin to qualify for the ballot because Martin is not a registered voter. d. Case law is very clear that one need not be a registered voter to be a candidate for federal office, see Krislov v. Rednour, 226 F.3rd 851, 856 n. 12 (7th Cir 2000)("The

Constitution does not require candidates to be registered to vote..."); Schaefer v. Townsend, 215 F.3rd 1031 (9th Cir. 2000); Campbell v. Davidson, 233 F.3rd 1229 (10th Cir. 2000). e. Florida's requirement requiring federal candidates to register to vote is facially unconstitutional in light of the extensive federal case law excerpted above. 3. Legal claim Florida's requirement that a candidate for federal office in Florida be a registered voter ("qualified elector") violates the Qualifications Clause of the United States Constitution, as set forth in Rednour, Townsend and Campbell. 4. Demand for judgment a. Plaintiff seeks a declaratory judgment that Florida's requirement for voter registration to be a candidate for federal office violates the Qualifications Clause of the U.S. Constitution. b. Plaintiff seeks an injunction placing his name on the ballot through qualification (paying the filing fee) as a party candidate of the Republican Party in May, 2004. c. Plaintiff seeks such other relief as may be necessary and proper to do complete justice including attorneys' fees. Respectfully submitted,

/s/

LISA MARIE MACCI 2255 Glades Road, Suite 324 Atrium Boca Raton, FL 33431 Tel. (561) 361-8528 Fax (561) 852-7514 Florida Bar Number 994650

Dated: May 5, 2004


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