Oregon: Burke et. al. Seek Restraining Order to Remove LP Candidates

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  . . . ”

Decl. of Burke 9-10-20 Final-compressed

Complaint 9-10-20 Final-compressed

3266267-Order Granting Motion to Intervene

3266251-SUBMITTED Declaration of T. Perkins

3266260-SUBMITTED Declaration of K. Markley

3266258-SUBMITTED Declaration of C. R. Steringer

3266249-SUBMITTED LPO’s Opposition to Motion for TRO

9 thoughts on “Oregon: Burke et. al. Seek Restraining Order to Remove LP Candidates

  1. Kyle Markley

    The Presidential ticket declined to sign Burke’s nomination paperwork, and the filing deadline has long passed, so if his effort was successful they would have certainly been off the ballot. Their slate of candidates, if accepted, would have been 3 Republicans and 1 Libertarian.

    The Secretary of State also opposed the TRO, although the judge cited the LPO’s reasons for denying it.

  2. Root's Teeth Are Awesome

    I would think that under the doctrine of Res judicata, the courts have already ruled on the matter, and thus Burke is estopped from filing any more cases against the LPO: https://en.wikipedia.org/wiki/Res_judicata

    Surely, at some point, these rehashed claims become frivolous, and the courts should sanction Burke for filing them.

    Burke’s life seems to have been reduced to suing the LPO again, and again, and again, and again, and …

  3. Kyle Markley

    RTAA: We raised both res judicata and collateral estoppel. I don’t have the written order yet, but the judge’s comments at the hearing sounded like these were the convincing arguments.

  4. Anastasia Beaverhausen

    Burke’s motivation was all along to become a player in Republican circles, but it didn’t work – they wouldn’t have him. He felt himself a big fish in the small LPO pond… now he’s just a big fish in his own small mind.

  5. Jose Castaneda

    Is Burke still a member of the party? If so his membership should be revoked and he should be kicked out of the Party. Is there a way to kick someone out of the Party permanently? If so when his membership is revoked it should be made permanent.

    Also think about this, there were many in the Party such as a previous National Secretary who supported and assisted Burke in the beginning.

  6. Wes Wagner

    @Richard Winger

    Burke is a party in privity with the Qanon affiliated republican candidate, hence the declarations by Burke and Reeves.

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