In yet another legal action the remnants of the Burke faction in Oregon have attempted to use the courts to gain authority over the ballot access of Libertarian candidates. In their most recent (Hail Mary) action they sought a TRO (Temporary Restraining Order) to remove all Libertarian candidates nominated by the recognized (by the Secretary of State) Libertarian Party of Oregon including the removal of the Libertarian Presidential ticket of Jo Jorgensen and Spike Cohen. (Presumably they would have resubmitted them although it’s unclear that would have been accepted given various deadlines).
To cut to the chase, yesterday the courts in Oregon declined to issue a TRO, although as the case was not dismissed in its entirety, it will presumably go on.
Various court filings are linked below.
In his declaration Richard Burke stated (among other things) “I have been involved in the current dispute within the LPO since it began on March 31, 2011. I have been a plaintiff in the case Reeves v. Wagner and have had numerous interactions with the Oregon Secretary of State’s office and have interacted with people who are on the other side of this dispute.
“I have personal knowledge of the matters set forth herein and consider myself to be an
expert with respect to the current dispute concerning the proper leadership and governance of the LPO and its history. While I am not an attorney, I regard myself to be familiar with Oregon
election law as it relates to the governance of minor political parties.
“The roots of this case go back to a renegade group of libertarians (hereafter the “Wagner
Group”) who on March 31, 2011 adopted, without compliance with procedures and steps required in LPO organizational documents, a constitution and set of bylaws that gave rise . . . ”