A lawsuit in South Florida right now seeks to get David Rivera tossed from the ballot. The more I think about it, the more concerned I am with this approach. My reasons are political, most notably that I think David Rivera makes a fantastic opponent for Democrats.
Here is the story via the Miami Herald:
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The complaint, submitted in Miami-Dade Circuit Court, seeks to disqualify Rivera as a federal candidate based on financial disclosure forms Rivera filed while serving as state representative.
Lawyers for Miami attorney William Barzee and Garcia supporter Maria Teresa Pascual filed the suit and held a news conference at the downtown Miami civil courthouse Thursday morning. Garcia was not there, though two of his campaign staffers were organizing the event.
Read more: http://www.miamiherald.com/2010/10/21/1884222/joe-garcia-to-sue-to-remove-david.html#ixzz131K9rfJp
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This is all totally legit, and I wrote about it here last week. The problem I have is not that a lawsuit is being filed, but that the plaintiffs are seeking to kick Rivera off the ballot. I truly wish they would think the consequences of this out.
The most recent example of this happening was just days ago when a Tallahassee judge ordered Jim Norman's name off a ballot for State Senator in the Tampa area. The result is that the Hillsborough County Republicans are being asked to name a replacement candidate. Ballots are already printed, so being ordered "off the ballot" doesn't mean you are truly off the ballot. This mystery candidate, who may even be Norman himself, will not be chosen through a primary but by party leaders. And whoever the candidate may be, he or she is getting votes right now through early voting.
The same thing happened in 2006 when the Mark Foley scandal broke late. The disgraced Congressman resigned and withdrew from his re-election bid as emails hit the press regarding his vulgar flirtations with underage pages. As much fun as it would have been to run against Foley, Democrat Tim Mahoney's name appeared on the ballot beside Mark Foley's while everyone of Foley's votes were counted for party replacement Joe Negron. Ultimately, Mahoney won anyway, then lost after his own sex scandal two years later.
While all these examples involved Republican candidates, the problem isn't with the party but the process. It is totally undemocratic to count people's votes for a candidate who didn't go through the proper qualification process, endure the primaries if necessary and ultimately earn his place on the ballot. But that is the way state law works, putting party above democracy.
On a more superficial level, why would we want to give the Republican party the ability less than two weeks before an election to swap Rivera with a better candidate? Even national Republicans are conceding quietly to the press that they have a lousy candidate. The Democrats have a great one. This is a tough year, but we are in great position to win this seat.
But even though Rivera is a liar and a jerk, he will be made to look the victim here, just as Norman is being touted as a sympathetic character in Tampa right now. If, Lord help us, Rivera wins the election, take this lawsuit forward and nail the guy for getting through the process through crooked means. But as long as we're this far into the game, let's just enjoy the chance for a pickup in an R+6 district amid a Republican wave, and thank the GOP for the assist of a candidate with endless flaws.
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