Third Party Ballot Access in Court

Robert Bernhoft, one of our "patriot" attorneys, has successfully removed an important roadblock that encumbers political initiatives via a case decided in the United States District Court for the Western District of Wisconsin: Frami, et al v. Ponto, case   02-C-515-C. The decision should be available from FindLaw or the USDC web page. If not, contact Bernhoft directly. I'm not attaching it because the 18-page decision might not successfully go through the Yahoo server.

Bernhoft was active with a Wisconsin group that actively challenged general usurpation of power, including the tax system, to the point he finally got frustrated enough with the system that he decided the best way he could do battle was to qualify as an attorney. When he was past 30, he completed an undergraduate degree then attended law school. His family, including wife and children, made significant sacrifices for the several years it took to complete the educational program.

For several years Bernhoft has been active in a tax reform party that three or four years ago changed its name to the Constitution Party. The object is to provide a viable third-party vehicle for candidates dedicated to restoring constitutionally legitimate government. The Frami decision removes one of the obstructions that favors the two entrenched parties that currently control American governments at all levels.

Congratulations, Bob.

Dan Meador

Dear Friends and Colleagues:

Attached please find a recently released opinion issued by the U.S. District Court for the Western District of Wisconsin, authored by District Judge Barbara Crabb, declaring unconstitutional several Wisconsin statutes that imposed substantial First Amendment burdens on petition circulation.

To our knowledge, this is the first case in the country that specifically held that out-of-state petition circulators' First Amendment rights to expressive political association were unconstitutionally burdened by a state statute prohibiting non-residents from circulating nominating petitions.  In the opinion of the Wisconsin Elections Board, the decision also reaches initiative referenda and other political activities.

The decision is a significant victory in our attempts to break the stranglehold the Democrats and Republicans have placed on so-called "third party" candidates in an effort to prevent them from fully participating in the political process.

Special thanks to Ed Frami, former Chairman of the Constitution Party of Wisconsin ("CPOW");  Cal Zastrow, the "master" petition circulator; John Clark, a tireless CPOW officer and political candidate;  and Michael Schultz, a CPOW political candidate, who were the plaintiffs in the § 1983 suit filed by our Firm against the Wisconsin State Elections Board.

Very special thanks to Richard Winger of Ballot Access News and the Brennan Center for Justice attorneys, without whose generosity the suit would never have been filed, much less won.  Thanks also to Daniel J. Treuden, my paralegal, and Attorney Christopher J. Ertl, my associate attorney, for their invaluable assistance in bringing this case to a successful conclusion.

Please fee free to redistribute this e-mail as you see fit, and

Best regards,

Robert G. Bernhoft, J.D.
Attorney and Counselor at Law
207 East Buffalo Street, Suite 600
Milwaukee, Wisconsin 53202
(414) 276-3333  telephone
(414) 276-2822  facsimile

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