Frank Fluckiger: Stand with the Constitution Party in the Fight for Ballot Access Across America

Published on the Constitution Party’s Facebook page on September 13, 2013: 

Dear Friend of the Constitution Party:

The New York City Board of Elections recently disqualified three independent candidates for Mayor because they did not have enough valid signatures on their petitions to be included on the ballot.

Colorado voters recalled an incumbent Democrat on Tuesday but their only choice to replace him was a Republican. A third party candidate was ruled ineligible because she didn’t submit enough valid signatures to get on the ballot: 408 were required and she submitted 834, but 426 were “invalid” for technical reasons — no middle initial etc.

Now, New Mexico Secretary of State Dianna Duran, a Republican, removed the Green Party and the Constitution Party from the ballot, even though for the last 17 years, New Mexico law has been interpreted to mean that when a party successfully petitions for party status, it gets to be on the ballot for next two elections, not just one cycle.

We think the ruling is wrong — and politically motivated. You see, last year the Chairman of the New Mexico Constitution Party, Jon Barrie, submitted petitions with 10,279 names to be on the ballot as a US Senate nominee. He needed 6,028 qualified signers. Duran ruled that Jon fell 315 names short — for the usual technical reasons — and she gave him a big “no” to his request to review the petitions for possible mix-ups.

She apparently didn’t think our feisty candidate would fight back — but Jon took the Secretary of State all the way to the Supreme Court … and won. In fact, Jon drew more votes on election day than New Mexico’s former Governor did as the Libertarian Party nominee for President.

The Secretary of State is using a discredited 1992 Attorney General’s Opinion for her action — New Mexico Secretaries of State and Attorneys General declined to follow it from 1996 until she dusted it off.

Diana Duran has Jon Barrie and the Constitution Party in her sights … and she’s counting again on the hunch that we won’t take on a political Goliath.

Well, she’s wrong!

We have an attorney — the same one who beat her decision against Jon Barrie in 2012 — on the case. His blunt assessment is encouraging:

“You have asked my opinion regarding a legal challenge to the N.M. Secretary of State’s determination that the Constitution Party no longer qualifies as a minor party in New Mexico for the upcoming 2014 election cycle. I am of the opinion that this determination is ripe for a challenge before the New Mexico Supreme Court.”

That’s why I’m writing. We have up-front legal fees, for research and preparation, before we go to court. Your sacrificial donation of $50 will jump start our case.

New Mexico is the first battle of the Constitution Party’s ballot access war. We may have to go to court in some states, and we will have to petition to get on the ballot in others. (One professional signature-gathering company estimates it would take more than $95,000 to get on the ballot in Arizona, almost $197,000 in Massachusetts, and over $266,000 in Oklahoma!). However, we have an active Constitution Party member who is a professional when it comes to organizing petition drives. Thanks to his loyalty to our party, he does an outstanding job at cost effective rates.

So the fight for ballot access in 2014 has already begun. I hope you’ll be on the front lines by an investment of $50, $75 or even $20 or $25.

Let’s help New Mexico be the shot that’s heard in the offices of election officials around the country — the Constitution party is fighting for the American voter who eagerly awaits alternatives to the establishment elite’s nominees. Our candidates oppose unconstitutional wars, take an uncompromising stand for the right to life, and advocate ending the Federal Reserve’s manipulation of our fiscal stability.

Republicans and Democrats don’t want such patriots on the ballot.

I hope to hear from you soon with a generous gift of $25 or even $250 … the fight has begun.



Frank Fluckiger

National Chairman


P.S. Just to add insult to injury, the New Mexican Democratic and Republican parties need about 50 percent less signatures to get on the ballot than does the Constitution Party. We’re fighting back – starting today – but the party needs your help. Please be generous.



8 thoughts on “Frank Fluckiger: Stand with the Constitution Party in the Fight for Ballot Access Across America

  1. David

    The U.S. Senate candidate was running under the Independent American Party. But let’s look at the presidential New Mexico votes in 2012: Libertarian Gary Johnson – 27,788 votes, Constitution Party Virgil Goode – 982 votes. No wonder the CP has trouble with ballot access.

  2. Cody Quirk

    It would’ve been better for Jon to have stuck with the New Mexico IAP, for one, they’re still on the ballot.

  3. Andy

    If you want to make sure you get on the ballot in the future, how about paying the petition circulators who did not get paid on Constitution Party petition drives last year? It has been over one year now and I STILL have no received even one penny I’m owed from the last batch of petition signatures that were turned in on the successful Constitution Party petition drive in Alabama.

    Can you imagine working a job, completely the job successfully, and then not getting paid for said job? Working with a promise of payment and then not getting paid after work is done is a form of involuntary servitude. It is also fraud.

    They could have paid me what I was owed a long time ago. Virgil Goode is worth over $4 million. I know that several members of the Constitution Party National Committee are lawyers who make a good living.

    I was promised payment a long time ago, yet I’ve received nothing. I recently spoke to another petition circulator who got stiffed on a Constitution Party petition drive last year, and this individual also happens to be on the Constitution Party’s National Committee, and this person told me that they had not been paid anything from the money that they got stiff out of last year either.

    What in heck is going on here? Pay the people who do the hard work of gathering the petition signatures so you can have candidates on the ballot. Keep your word. If you can’t do this then perhaps it is time to fold up your tent and drop out of politics, because there are already more than enough politicians out there who lack credibility.

  4. Andy

    “That’s why I’m writing. We have up-front legal fees, for research and preparation, before we go to court. Your sacrificial donation of $50 will jump start our case.”

    I think that they’ve got a lot of nerve raising money for anything other than paying the petition circulators who got ripped off on Constitution Party petition drives last year.

  5. Andy

    Also, I challenge anyone from the Constitution Party to debate me on this subject in a public forum. My case is rock solid and backed up with documentation.

    They know damn well that Virgil Goode ripped off petition circulators. They also know damn well that the deal to work in the Constitution Party petition in Alabama was set up by somebody who works for their national party, and this person only turned us over to Virgil Goode AFTER the deal had already been made and AFTER the job had already been started because they said that their national party was out of money so that Virgil Goode would pay us directly. He did pay us up until the final turn in, and that’s when the rip off occurred. This is when rip offs most frequently occur in the petition business, as unscrupulous proponents and/or coordinators figure that they don’t need you anymore so that is a good time to rip you off. There’s even an industry slang for final turn in rip offs as they are called the Final FU. I would have thought that the Constitution Party would be above doing something like this, but apparently not. It has been over one year now so what am I supposed to think? I don’t think that the entire Constitution Party is bad, but they’ve apparently got a few bad apples on their national committee.

    Why do they keep a known liar and thief like Virgil Goode on their National Committee?

    I will debate Virgil Goode or any of them in a public forum. Put it on video and post it to YouTube. You will lose.

    Perhaps I should take legal action. I would have already done so if not for the fact that it is hard to do with my travel schedule.

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