Phnom Penh Post, Issue 16 / 04, February 23 - March 8, 2007
As the run-up to the April 1 commune elections intensifies, new political tactics have emerged, others have vanished, and the major parties are promising big gains and progressive platforms.
Politicos, observers and analysts agree that the campaign atmosphere has improved, and that pre-campaign political rhetoric has taken a softer tone. Mostly gone are the aggressive smear tactics, anti-Vietnamese vitriol and outright political killings that have marred earlier elections. By many accounts, Cambodian politics have matured. But others are wondering if this is a fledgling step towards democracy or ruling-party window-dressing.
Still, with the official campaign period beginning on March 16, it is yet to be seen who will end up controlling the Cambodia's 1,621 commune councils - and who will end up as April's fools.
"So far, this year has had many, many differences from 2002; the candidates are more professional and they understand how to do a campaign much better than in 2002," said Ou Virak, executive secretary of the Alliance for Freedom of Expression. "The general public knows what to expect. They are making more demands of their candidates. It's pressure from these demands that's pushing the level of competition higher. Even the ruling party has learned the language of democracy. They've learned what to say to win votes they're getting smarter."
Koul Panha, executive director of the Committee for Free and Fair Elections, said the National Election Committee has upgraded techniques in voter and candidate registration, and in its distribution of voter information sheets.
"But in its political willingness to have free and fair elections, the NEC still has a lot of shortages, Panha said. "For example, as in the state-run media, including TV and radio. The NEC has not made an effort to make access equal for all political parties. We have seen only the ruling party. And there are security issues in the remote areas. People still have fears: the NEC has not made an effort to cooperate with local authorities to investigate complaints or punish any person who committed the crime."
But Virak and other analysts have said that the public's concerns over poverty, corruption and land grabbing have meant increased pressure on inefficient officials, and the process of appeasing constituents is changing.
"In other elections, even 2002, the network of the communist regime was used to win elections," Virak said. "In the old days what they did was kiss up to the next level , and they'd receive the position. Going to the people would have been a shock to those candidates. Now most council candidates know how elections really work. The electorate has become more mature."
Bravado is coming from the four main camps.
"Some people are going to get a big surprise on the evening of April 1, " said Sam Rainsy, leader of the Sam Rainsy Party (SRP), which won 13 commune chief positions in 2002. "The objective that we consider realistic is to win between 200 and 300 communes, including the biggest ones. This will pave the way for our victory [in national elections] next year."
Khieu Kanharith, Minister of Information for the CPP, said on February 22 that the ruling CPP should win about 97 or 98 percent of the commune positions and 95 percent of the popular vote in 2008.
According to Funcinpec spokesman Nouv Sovathero, the party's hierarchy remains strong despite the departure of Prince Norodom Ranariddh. He said Funcinpec was still able to field candidates in 1,459 communes, or sangkats.
"At least we could get from 80 to 85 percent in the coming commune election," Sovathero said. "In the general national election in 2008 we are still hoping for victory and plan to participate in the government as in previous mandates."
The newest party of the four able to field at least 1,000 candidates, the Norodom Ranariddh Party (NRP), has high hopes Ranariddh's image will translate to grassroots success.
"We believe we could win about 80 to 90 percent in the coming election," said Muth Chantha, NRP spokesman. "Before, Funcinpec won only 11 commune chiefs. Now we hope that we will get more. We do hope to have an NRP presence in all 1,621 communes.
In 2002 the CPP won 1,596 commune chief positions, an almost 98 percent hold on grassroots politics.
Rainsy concedes that an agreement was struck with the ruling CPP to create a milder political atmosphere, but bristles at the assertions of NGO Human Rights Watch that the compromise has "led to a noticeable decline in the party's role as government watchdog and advocate of the poor."
"I met with Hun Sen and Sok An and said 'Please, can we avoid political killings and intimidation?,'" Rainsy said. "I told them we could be competitors and rivals without being enemies on the battlefield. Some have said I sold out. Some have said that this is the end of the SRP. But the other side, what they don't see is that in this 'calm' we have gotten closer to the people and there have been fewer killings. Normally, before an election we had someone killed every week."
Rights NGO Licadho has reported five killings related to the commune elections.
"Even though the number of people being killed is less than 2002, it impacts the process seriously - even one being killed sends a message to others," said Kek Galabru, president of Licadho. "If just one person is killed that means people are scared and the election is not free and fair."
For years accused of fanning nationalistic fervor aimed at the CPP's ties to Vietnam, Rainsy now calls such strategies "counterproductive."
"In the past, especially in the 1993 election, all the non-CPP parties were running as freedom fighters for independence; Funcinpec and Son Sann were against a Vietnamese allied group that had a strong friendship with Hanoi," he said. "People don't have the same mindset any more. It could divert from the real issues."
But Virak believes there is another reason for the absence of anti-Vietnamese dialogue.
"My bet is because of the crackdown on the critics a year ago," Virak said. "That's a main factor. Mentioning the Vietnamese issues is much riskier than talking about democracy."
Politicos, observers and analysts agree that the campaign atmosphere has improved, and that pre-campaign political rhetoric has taken a softer tone. Mostly gone are the aggressive smear tactics, anti-Vietnamese vitriol and outright political killings that have marred earlier elections. By many accounts, Cambodian politics have matured. But others are wondering if this is a fledgling step towards democracy or ruling-party window-dressing.
Still, with the official campaign period beginning on March 16, it is yet to be seen who will end up controlling the Cambodia's 1,621 commune councils - and who will end up as April's fools.
"So far, this year has had many, many differences from 2002; the candidates are more professional and they understand how to do a campaign much better than in 2002," said Ou Virak, executive secretary of the Alliance for Freedom of Expression. "The general public knows what to expect. They are making more demands of their candidates. It's pressure from these demands that's pushing the level of competition higher. Even the ruling party has learned the language of democracy. They've learned what to say to win votes they're getting smarter."
Koul Panha, executive director of the Committee for Free and Fair Elections, said the National Election Committee has upgraded techniques in voter and candidate registration, and in its distribution of voter information sheets.
"But in its political willingness to have free and fair elections, the NEC still has a lot of shortages, Panha said. "For example, as in the state-run media, including TV and radio. The NEC has not made an effort to make access equal for all political parties. We have seen only the ruling party. And there are security issues in the remote areas. People still have fears: the NEC has not made an effort to cooperate with local authorities to investigate complaints or punish any person who committed the crime."
But Virak and other analysts have said that the public's concerns over poverty, corruption and land grabbing have meant increased pressure on inefficient officials, and the process of appeasing constituents is changing.
"In other elections, even 2002, the network of the communist regime was used to win elections," Virak said. "In the old days what they did was kiss up to the next level , and they'd receive the position. Going to the people would have been a shock to those candidates. Now most council candidates know how elections really work. The electorate has become more mature."
Bravado is coming from the four main camps.
"Some people are going to get a big surprise on the evening of April 1, " said Sam Rainsy, leader of the Sam Rainsy Party (SRP), which won 13 commune chief positions in 2002. "The objective that we consider realistic is to win between 200 and 300 communes, including the biggest ones. This will pave the way for our victory [in national elections] next year."
Khieu Kanharith, Minister of Information for the CPP, said on February 22 that the ruling CPP should win about 97 or 98 percent of the commune positions and 95 percent of the popular vote in 2008.
According to Funcinpec spokesman Nouv Sovathero, the party's hierarchy remains strong despite the departure of Prince Norodom Ranariddh. He said Funcinpec was still able to field candidates in 1,459 communes, or sangkats.
"At least we could get from 80 to 85 percent in the coming commune election," Sovathero said. "In the general national election in 2008 we are still hoping for victory and plan to participate in the government as in previous mandates."
The newest party of the four able to field at least 1,000 candidates, the Norodom Ranariddh Party (NRP), has high hopes Ranariddh's image will translate to grassroots success.
"We believe we could win about 80 to 90 percent in the coming election," said Muth Chantha, NRP spokesman. "Before, Funcinpec won only 11 commune chiefs. Now we hope that we will get more. We do hope to have an NRP presence in all 1,621 communes.
In 2002 the CPP won 1,596 commune chief positions, an almost 98 percent hold on grassroots politics.
Rainsy concedes that an agreement was struck with the ruling CPP to create a milder political atmosphere, but bristles at the assertions of NGO Human Rights Watch that the compromise has "led to a noticeable decline in the party's role as government watchdog and advocate of the poor."
"I met with Hun Sen and Sok An and said 'Please, can we avoid political killings and intimidation?,'" Rainsy said. "I told them we could be competitors and rivals without being enemies on the battlefield. Some have said I sold out. Some have said that this is the end of the SRP. But the other side, what they don't see is that in this 'calm' we have gotten closer to the people and there have been fewer killings. Normally, before an election we had someone killed every week."
Rights NGO Licadho has reported five killings related to the commune elections.
"Even though the number of people being killed is less than 2002, it impacts the process seriously - even one being killed sends a message to others," said Kek Galabru, president of Licadho. "If just one person is killed that means people are scared and the election is not free and fair."
For years accused of fanning nationalistic fervor aimed at the CPP's ties to Vietnam, Rainsy now calls such strategies "counterproductive."
"In the past, especially in the 1993 election, all the non-CPP parties were running as freedom fighters for independence; Funcinpec and Son Sann were against a Vietnamese allied group that had a strong friendship with Hanoi," he said. "People don't have the same mindset any more. It could divert from the real issues."
But Virak believes there is another reason for the absence of anti-Vietnamese dialogue.
"My bet is because of the crackdown on the critics a year ago," Virak said. "That's a main factor. Mentioning the Vietnamese issues is much riskier than talking about democracy."
2 comments:
Missouri Revised Statutes
Chapter 115
Election Authorities and Conduct of Elections
Section 115.453
August 28, 2006
Procedure for counting votes for candidates.
115.453. Election judges shall count votes for all candidates in the following manner:
(1) No candidate shall be counted as voted for, except a candidate before whose name a cross (X) mark appears in the square preceding the name and a cross (X) mark does not appear in the square preceding the name of any candidate for the same office in another column. Except as provided in this subdivision and subdivision (2) of this section, each candidate with a cross (X) mark in the square preceding his or her name shall be counted as voted for.
(2) If cross (X) marks appear next to the names of more candidates for an office than are entitled to fill the office, no candidate for the office shall be counted as voted for. If more than one candidate is to be nominated or elected to an office, and any voter has voted for the same candidate more than once for the same office at the same election, no votes cast by the voter for the candidate shall be counted.
(3) No vote shall be counted for any candidate that is not marked substantially in accordance with the provisions of this section. The judges shall count votes marked substantially in accordance with this section and section 115.456 when the intent of the voter seems clear. Regulations promulgated by the secretary of state shall be used by the judges to determine voter intent. No ballot containing any proper votes shall be rejected for containing fewer marks than are authorized by law.
(4) Write-in votes shall be counted only for candidates for election to office who have filed a declaration of intent to be a write-in candidate for election to office with the proper election authority, who shall then notify the proper filing officer of the write-in candidate prior to 5:00 p.m. on the second Friday immediately preceding the election day; except that, write-in votes shall be counted only for candidates for election to state or federal office who have filed a declaration of intent to be a write-in candidate for election to state or federal office with the secretary of state pursuant to section 115.353 prior to 5:00 p.m. on the second Friday immediately preceding the election day. No person who filed as a party or independent candidate for nomination or election to an office may, without withdrawing as provided by law, file as a write-in candidate for election to the same office for the same term. No candidate who files for nomination to an office and is not nominated at a primary election may file a declaration of intent to be a write-in candidate for the same office at the general election. When declarations are properly filed with the secretary of state, the secretary of state shall promptly transmit copies of all such declarations to the proper election authorities for further action pursuant to this section. The election authority shall furnish a list to the election judges and counting teams prior to election day of all write-in candidates who have filed such declaration. This subdivision shall not apply to elections wherein candidates are being elected to an office for which no candidate has filed.
(5) Write-in votes shall be cast and counted for a candidate without party designation. Write-in votes for a person cast with a party designation shall not be counted. Except for candidates for political party committees, no candidate shall be elected as a write-in candidate unless such candidate receives a separate plurality of the votes without party designation regardless of whether or not the total write-in votes for such candidate under all party and without party designations totals a majority of the votes cast.
(6) When submitted to the election authority, each declaration of intent to be a write-in candidate for the office of United States president shall include the name of a candidate for vice president and the name of nominees for presidential elector equal to the number to which the state is entitled. At least one qualified resident of each congressional district shall be nominated as presidential elector. Each such declaration of intent to be a write-in candidate shall be accompanied by a declaration of candidacy for each presidential elector in substantially the form set forth in subsection 3 of section 115.399. Each declaration of candidacy for the office of presidential elector shall be subscribed and sworn to by the candidate before the election official receiving the declaration of intent to be a write-in, notary public or other officer authorized by law to administer oaths.
(L. 1977 H.B. 101 § 12.015, A.L. 1979 S.B. 275, A.L. 1983 S.B. 234, A.L. 1997 S.B. 132, A.L. 1999 H.B. 676, A.L. 2002 S.B. 675, A.L. 2006 S.B. 1014 & 730)
>From: "steven reed" SOSmain@sos.mo.gov
>Subject: RE: Write-In Candidate
>Date: Fri, 23 Feb 2007 12:43:53 -0600
>
>
>
>Can someone tell me when a response will be coming on this?
>
>Thanks
>
>
>>From: "steven reed"
>>To: SOSmain@sos.mo.gov,
>>Subject: RE: Write-In Candidate
>>Date: Wed, 21 Feb 2007 23:42:39 -0600
>>
>>
>>February 22, 2007
>>
>>Robin Carnahan, Secretary of State
>>Office of the Secretary of State
>>State Capitol, Room 208 or State Information Center, 600 W Main
>>Jefferson City, MO 65101
>>(573) 751-4936 [SOS Information]
>>SOSmain@sos.mo.gov
>>
>>
>>Dear Honorable Robin Carnahan:
>>
>>I would like thank you for the great job you have done as our
>>Secretary of State. I am writing asking for your guidance and
>>help.
>>
>>The City of Springfield says that the Ctiy Charter has certain
>>requirements to run for Mayor. The problem is that the Charter has
>>the requirmrnts of how to be on the ballot by getting 200 sgnatures
>>etc.. This is a case of comparing apples to oranges and Mr.
>>Struckoff uses the word it appears my write-in for Mayor is invalid
>> The City Charter does not address the issues of a write-in and
>>there is clearly no prohibition of write in candidates. State law
>>should give precedent to this situation.
>>
>>Some of the issues involved follow:
>>
>>A. I spoke with Kay Brown the current Christian County Clerk:
>>
>>She agrees write-ins are needed in case one candidate has troubles
>>or the worst case event someone dies or as she has right now in
>>Highlandville no one filed for Alderman positions so she hopes
>>someone writes in someone’s name. Kay Brown told me on Friday
>>February 16, 2007 that she has been told and goes by State Law that
>>if someone files a Declaration of Intent in any Race that the Votes
>>must be counted as PER STATE LAW.
>>
>>B. A Write –In Candidate is presently running in Branson, Taney
>>County:
>>
>>Sunday, January 28, 2007
>>Branson Missouri Mayor Featured in USA Today Missouri News
>> Mayor Lou Schaefer may have an easier time being re-elected than
>>earlier thought. As noted in a previous post the spelling of the
>>Mayor's name could provide a challenge. Good news for Lou though;
>>Missouri election law holds the standard of counting a name on a
>>ballot as "intent". If it's determined that a voter intends to cast
>>a ballot for a candidate then the vote for the candidate will still
>>count whether or not the spelling is correct.
>>From:
>>http://bransonmissouri.blogspot.com/search?updated-min=2007-01-01T00%3A00%3A00-06%3A00&updated-max=2008-01-01T00%3A00%3A00-06%3A00&max-results=50
>>
>>C. I Steven Reed went to and had Declaration of Candidacy filed at
>>4:21 on Wednesday February 7 and was accepted and signed by Witness
>>Election Authority Richard Struckoff.
>>
>>D. I Steven Reed opened a bank account and filled out and mailed a
>>Statement of Committee Organization called Reed for Mayor which
>>states it is a Write in Candidate for Mayor. The Missouri Ethics
>>Commission sent a letter of acknowledgement and the MEC ID # is
>>CO71059
>>
>>E. February 14, 2007 Letter from Richard T. Struckoff County Clerk
>>
>>Mr. Steve Reed
>>
>>After receiving your declaration of intent to be a write-in
>>candidate for mayor of Springfield, I notified the City Clerk’s
>>Office of the filing. I was informed that the city charter
>>narrowly defines the qualifications for mayoral candidates and does
>>not provide for write-ins. I am enclosing a letter I received
>>today from the city attorney which confirms the information.
>>
>>In light of the city’s position in this matter, your write in
>>candidacy for Springfield mayor appears to be invalid, and such
>>write –in votes cannot be properly cast or counted in the upcoming
>>municipal election---Richard T. Struckoff
>>
>>
>>February 14, 2007 Letter from City Attorney Dan Wichmer
>>
>>Please be advised the City Charter does not allow for a write-in
>>candidate. The City Charter requires that in order for any
>>person to be a candidate for mayor, they must comply with Section
>>13.4.1 of the Springfield City Charter. I have found nothing in
>>state election law or state case law that would override the
>>charter requirement.---Dan Wichmer
>>
>>
>>February 15, 2007 Letter from Missouri Ethics Commission Robert F.
>>Conner Executive Director notifying that Statement of Organization
>>was accepted and MEC ID# CO71059---Robert F. Conner
>>
>>In a time where we only have about a 10% voter turnout and when the
>>State Constitution says: Section 25. That all elections shall be
>>free and open; and no power, civil or military, shall at any time
>>interfere to prevent the free exercise of the right of suffrage. I
>>think we need more people running for office and more citizen
>>involment.
>>As someone who claims to hold the record for the most registered
>>voters around 14,000 I want more people involved in deciding their
>>own futures by being involved in the process. In conclusion I ask
>>for your help and guidance on this matter as soon as possible.
>>Robin, please keep up the hard work you do to serve the People of
>>Our Great State. I did read part of your report on the last
>>elections and it is very thorough.
>>
>>Sincerely,
>>
>>
>>Steven L. Reed
>>1441 S. Estate Ave.
>>Springfield, MO 65804
>>
>>www.reedforcouncil.com
>>
>>____________________________________________________
If Richard Struckoff does not do his job then the Prosecutor Darrel Moore should enforce the law or if he does not then the Governor should appoint replacements for them both.
IN THE UNITED STATES DISTRICT COURT WESTERN DISTRICT OF MISSOURI
SOUTHERN DIVISION
STEVEN L. REED, )
) `
Plaintiff )
v. )
) Case No. 05-3133-CV-S-SWH
CHOICE HOTELS INTERNATIONAL, )
INC. d/b/a CLARION HOTEL, et.al, )
Defendants )
PLAINTIFF'S REQUEST FOR COURT ORDERED INJUNCTIONS
COMES NOW Plaintiff Steven Reed request the Court and United States
Magistrate Judge SARAH W. HAYES issue two Injunctions concerning the following situations:
Plaintiff has worked on “community projects” in southwest Missouri since the early 1990s to present. From getting Rail Passenger Service to the area to working to get
a Technology Park for better opportunities to many other community projects to help
others. See: www.reedforcouncil.com
Because of the importance of these issues Plaintiff Steven Reed has Filed as an Official Declaration of Intent to be a Write-in
Candidate for Mayor of Springfield with Richard T. Struckoff County Clerk the top Election Authority for Greene County which oversees the Springfield Missouri Municipal
Elections.
The first requested injunction is to Richard Struckoff the Top Election Official for
Greene County which oversees the Springfield Missouri Municipal Elections and the
City of Springfield. The injunction will say all votes cast for Steven Reed as a Write-in
Candidate for Mayor in the April 3, 2007 election will be counted.
Background
The City Charter does not address the issues of a write-in and there is clearly no prohibition of write in candidates. State law should give precedent to this situation. Springfield City Attorney Dan Wichmer says that the City Charter does not allow write-
in candidates. The facts are that the city charter does not speak to write-in candidates so state law which allows write-in candidates should be the proper decider since State Law Supersedes local but especially when local law is silent on issues of such legal
Importance to the People.
Chapter 115 Election Authorities and Conduct of Elections
Section 115.453 August 28, 2006 Procedure for counting votes for candidates.
115.453. Election judges shall count votes for all candidates in the following manner: (4) Write-in votes shall be counted only for candidates for election to
office who have filed a declaration of intent to be a write-in candidate for election
to office with the proper election authority….
It is a violation of Plaintiff Steven Reed’s civil, human, and constitutional rights
not to allow him to run as a write in candidate. It appears the City of Springfield is concerned about the possibility of this pending civil action attracting some attention.
That is why Plaintiff Steven Reed is seeking relief from this court.
As noted in the February 2, 2007 PLAINTIFF'S REQUEST FOR COURT
ORDERED PRODUCTION OF EVIDENCE filed with this court: Plaintiff Reed has
been arrested several times:
“Plaintiff Steven Reed was arrested on election day for handing out flyers in support of a state minimum wage increase,(the Lady Judge dropped the case but
Reed and another lady was placed on one year probation)…. Plaintiff Reed was arrested in 2000 for doing volunteer voter registration while then Vice Presidential Candidate Joseph Lieberman visited Southwest Missouri State University. Plaintiff Reed was then arrested in 2003 for handing out Draft Claire
McCaskill for Governor flyers, (that concerns this case). In all
these case Plaintiff Reed was placed on a one year probation…
Secondly, Plaintiff Reed argues it is about more than just his candidacy. It is also about the fact that other people may want to file right now for write in positions on city council. One example is a candidate that has pending charges and others may want to run as a write in that zone for city council, of course if
a candidate or someone where to pass away the people need to have the right to file as a
write in.
With over 150,000 people living in the City of Springfield with over half
being registered voters the people should all have the write THE RIGHT OF
SUFFRAGE and being able to vote for additional candidates in this or other Elections. The City of Springfield elections have around 10% turnout and the City
should be promoting more candidates and involvement rather than using tax payer
money to keep people from running for office.
The second requested injunction request is to Secretary of State of Missouri Robin
Carnahan requiring that as the Chief Election Official of Missouri she will make sure all
elections laws are adhered to in all 118 counties and in Greene County. In Christian
County the Clerk says she understands that write-in candidates are allowed by state law.
In Taney County the current Mayor has made national news as he is currently running as
a write-in candidate against a lady who is on the ballot. Clearly election laws must be
applied on a consistent and equal basis. The Secretary of State is responsible to take
actions against a local election official if they were violating a state law in
the way they are performing their taxpayer paid position of serving the people with fair, and legal elections.
In conclusion Plaintiff Steven Reed ask that the court notify the Department of Justice since HAVA money does help pay some of the salaries of the people who work under Richard Struckoff.
Certificate of Service---I certify that on _____________ a true copy of the above was mailed, postage pre paid or electronically to the last known mailing address of each party to this lawsuit.
Steven L. Reed
Respectfully submitted,
Steven L. Reed _________________________________________________
Steven L. Reed, Plaintiff Pro Se
Signed and dated February 2, 2007
1441 S. Estate Avenue
Springfield MO 65804
stevenlloydreed@hotmail.com
David R. Wichmer, Esq.
City Attorney
City of Springfield
840 Boonville
Springfield, MO 65802
Attorney for the Defendants City of Springfield, MO, Springfield MO Police Department, and John and Jane Does
John W. Housley, Esq.
Attorney for Defendant Gail M. Campbell
Taylor, Stafford, Clithero, Fitzgerald & Harris, LLP
3315 E. Ridgeview, Suite 1000
Springfield, MO 65804
John G. Schultz
2100 Commerce Tower
911 Main Street
Kansas City, MO 64105
Attorneys for Defendant Choice Hotels
Also an attempt to e-mail the following is hereby completed on this date:
Steven Lloyd Reed stevenlloydreed@hotmail.com
Warren E. Harris wharris@taylorstafford.com, jyoung@taylorstafford.com
John W. Housley jhousley@lowtherjohnson.com
Thomas E. Rykowski trykowsk@ci.springfield.mo.us, ttreat@ci.springfiled.mo.us
John G. Schultz franke.schultz@micro.com
Warren S. Stafford wstafford@taylorstafford.com
Daniel R. Wichmer dwichmer@ci.springfield.mo.us
Carl Stephen Yendes cyendes@ci.springfield.mo.us
###
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