Judge Won't Rule on Reform Party
By Kia Shant'e Breaux Associated Press Writer
Wednesday, Aug. 30, 2000

LYNCHBURG, Va. A federal judge ruled Wednesday that he does not have jurisdiction to decide who is the Reform Party's real presidential nominee.

Allies of Pat Buchanan sought an order barring an opposing faction from operating under the party's name. U.S. District Judge Norman K. Moon said he lacked jurisdiction because the power struggle did not raise any constitutional issue.

During the party's convention in Long Beach, Calif., earlier this month, delegates opposed to Buchanan declared his nomination illegitimate and walked out. That group then held its own convention across the street and nominated John Hagelin, a physicist from Iowa.

Both sides are seeking $12.6 million in Federal Election Commission money and have been working to get on state ballots.

Dale Cooter, attorney for the Buchanan faction, said he will take the issue to a state court, possibly as early as next week. He wasn't sure where he would file.

"Hagelin hasn't seen the last of me just yet," he said.

Cooter said he was disappointed with the judge's ruling. "We felt this was the appropriate place to get a speedy and fair decision," he said.

In March, Moon presided over a power struggle between opposing party factions seeking control of $2.5 million in party funds. Moon ruled that Pat Choate, the 1996 running mate of party founder Ross Perot, was the party's legitimate chairman.

Jim Mangia, a Hagelin backer, called Wednesday's ruling "a small victory."

"This dispute will go on until Pat Buchanan goes back to the Republican Party where he belongs," Mangia said. Buchanan left the GOP last October to run under the Reform Party banner.

State election commissions across the country are grappling to decide whether Buchanan or Hagelin should appear on their general election ballots.

Two states, Iowa and Montana, literally have pulled names out of hats to decide who would be listed. Buchanan won in Iowa; Hagelin won in Montana.

Several states reached ballot decisions Wednesday.

In Colorado, Hagelin will appear as the Reform Party candidate, with Buchanan as the Colorado Freedom Party nominee. Buchanan's supporters promised an appeal.

Michigan's secretary of state rejected both candidates because of "discrepancies" over who is the rightful chair of the Reform Party of Michigan.

In South Carolina, the State Election Commission said Buchanan would be listed. In North Carolina, the state Reform Party sued to stop the Board of Elections from printing ballots with Buchanan as the Reform Party candidate. A hearing was scheduled for Friday.

California Reform Party Chairman Ray Mills submitted Buchanan's name as the nominee for a second time on Wednesday, but the state party's board again said the move was illegitimate. A spokeswoman for the secretary of state said elections officials would rule Thursday on the dispute.

Meanwhile in Virginia, Choate, who stepped down as party chairman due to family illness, accused Hagelin's supporters of trying to delay any decision in the dispute until after the November election.

"It is a tear-down strategy. What we need to do and what we will do is get into court where we can put them under oath and everyone will see the game that is going on," said Choate. "I'm very disappointed in Hagelin and the other people for not being willing to come to court so that we can have it out under oath."

Mangia said the Buchanan faction has no case.

"Obviously the judge realized this was a bogus attempt to subvert the democratic process, to subvert the Federal Election Commission and federal election law and he wasn't going to stand for it," said Mangia.

Mangia said he has filed a complaint with the FEC alleging fraud by the Buchanan faction. He claims the other side is seeking refuge in the courts to keep the FEC from getting involved in the dispute and deciding who gets the $12.6 million.