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IN THE SUPREME COURT OF VIRGINIA
J. R. STATES MANSHIP )VIRGINIA VOTER & AUTHORIZED ADVOCATE )
Plaintiff, Pro Se, In Forma Pauperis ))
v. ))
TIMOTHY KAINE )GOVERNOR OF THE )
COMMONWEALTH OF VIRGINIA )Defendant )
PETITION FOR WRIT OF MANDAMUS
1. A Baptist pastor from Atlanta changed America, and the world, with his
work for the Constitutional Protection of Equal Rights Under the Law, even
though he was a Legal Stranger to the Courts by virtue of his being wise
in his knowledge of Gods Laws, yet barred from defending the oppressed
using Mans laws by the self-serving lawyers union, the Bar, that works for
a restraint of trade for the financial benefit of its members instead of truly
advancing the cause of Justice. Most Americans might perceive the man
described is Baptist pastor Reverend Martin Luther King, Jr. A critical
aspect of civil rights is Voting Rights, Rights that include equal access
to the voters, not restricted or manipulated by a Two-Party Tyranny,
especially when the Democrat Party Governor panders for vast votes from
minority voters and then approves the execution of a mentally retarded
black man contrary to U.S. supreme Court guidance inAtkins v. Virginia.
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2. Reverend Kings world-changing Letter from a Birmingham Jail, had
portions quoted in Winchester Circuit Court legal papers in the Year of Our
Lord Jesus 2008 by wrongfully imprisoned by the State inmate Dan
Shadwell, the Baptist pastor King wrote, in part (in italics):
We know through painful experience thatfreedom is never voluntarilygiven by the oppressor, it must be demanded by the oppressed,
Sometimes a law is just on its face and unjust in its applicationWe should never forget that everything Adolf Hitler did in
Germany was legaland everything the Hungarian freedom fighters did inHungary was illegal (bold added for emphasis)
A responsible voting Citizen may inquire if Judge Wetsel of Winchester
read Pastor Kings letter from jail when he compared Washington to Adolf
Hitler? Wetsels outrageous bias is according to a Court Transcript of 3
April anno domini1995, obtained by faithful father Franklin Washington
after first reading a newspaper article by Northern Virginia Daily reporter
Darcy Spencer. Voters of Virginia may ask if white moderate Democrat
Governor Timothy Kaine ever read (as compared with a white liberal
Democrat or contrasted with a white conservative Republican like former
Governor George Allen or Governor James Gilmore):
the white moderate, who is more devoted to order than to
justice,who prefers a negative peace which is the absence of tension to a positivepeace which is the presence of justice, who constantly says, I agree withyou in the goal you seek, but I cannot agree with your methods of direct action;who paternalistically believes he can set the timetable for anothermans freedom: who lives by a mythical concept of time
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3. Plaintiff Manship is a Journalist for Justice and Journalist for Jesus, a
man who as Midshipman Manship swore an Oath ...to protect and defend
this Constitution for the United States of Americaagainst all enemies,
foreign and domestic, who foreswears swordsmanship for penmanship
to advocate Justice by the Judiciary and Statesmanship in the Executive,
who at the Judicial Reform Commission hearing at the Fairfax Taj Mahal
Government Center on 28 May anno domini2003 quoted to Court of
Appeals of Virginia Chief Judge Joanna Fitzpatrick, Chief Judge Michael
McWeeny of Fairfax Circuit Court, and Chief Judge William Newman of
Arlington Circuit Court some most applicable words for a motto or slogan
for their purported Judicial Reform efforts, from Gods Word in Amos 5:15:
Hate evil and love the good. Remodel your courts into true halls of Justice.
In over six years, there is little or no evidence of remodeled courts in
Virginia that advance the Cause of Equal Justice for All. Both political
parties are complicit, for neither have even initiated Bills of Impeachment in
the House of Delegates against Judges of the ilk of Nazi comparing John
Wetsel, yet for well nigh eight years, the Governorship has been held by
first moderate Democrat Mark Warner, and now by moderate Democrat
Timothy Kaine, who could cajole some Democrat Delegate to introduce the
requisite Bill of Impeachment for trial in the Democrat controlled Senate.
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4. Plaintiff Manship as a Virginia Voter and spokesman for many
oppressed Citizens of Virginia exercised the Right to testify at the Courts of
Justice hearings of both the Senate and House on 4 February a.d. 2009,
when Judge Wetsel was one of six judges who were Candidates for being
elected by the General Assembly to serve on the Court of Appeals of
Virginia, so as a former Navy man went to torpedo the Candidacy of
Judge Wetsel because of his outrageous Adolf Hitler comparison in Court.
Due to the predominance of Bar members on both Courts of Justice
Committees, in public, the Lawyer-Legislators of both parties did NOT there
and then vote against Judge Wetsel, for fear of retribution of other judges
who are buddies of Wetsel, in front of whom they as lawyers are likely to
practice. However, one of several close friends of the Plaintiff who are
members of the General Assembly told the Plaintiff, that in Caucus, that is
to say In Secret, Judge Wetsel was sunk, not a single word was spoken in
his favor. So Citizen Action did have its positive result, exclusive of party.
Another judge, Joanne Alper of Arlington, who had a temper tantrum on
the bench in a.d. 2007 when she called the Plaintiff a liar about receiving a
letter from the Clerk of the Court, was also torpedoed by two testimonies.
Despite the failure of the resource-wasting JIRC, an un-Constitutional
concept in its inception, some measure of Justice upon Judges was seen.
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5. For two weeks following that Voter Victory on 4 February a.d. 2009 of
promoting true Justice in Virginia by protecting Citizens from unruly and
unreasonable judges, investigative journalist and Plaintiff Manship shared
with Democrat elected servants of the General Assembly, both House and
Senate, begging one or several to weigh in with the leader of their
Democrat Party, Governor Tim Kaine, to agree to an audience or meeting,
BEFORE 19 February when Eddie Bell was scheduled for execution, with
the Plaintiff so Manship could beg the Governor as an elected servant to
exercise his Clemency Power to Stay the Execution of Eddie Bell, a
mentally handicapped black man falsely accused of shooting and killing
Winchester Policeman Ricky Timbrook on 10/29/99. Investigative
Journalist Manship provided Winchester Police Notes dated 02/17/99
where a trusted informant reported that the Democrat Commonwealth
Attorney Paul Thomson, was skimming money from drug dealers. That is
one of many glaring examples of Prosecutorial Misconduct. Plaintiff also
provided an aide to Governor Kaine a Central Forensic Lab Certificate of
Analysis that showed Bell case Police Investigator David Sobonya involved
in Forensic Misconduct. Democrat Thomson has family connections to the
Virginia Democrat Dynasty of the Senators Harry Byrd, Sr. and Jr., a party
dynasty that certainly assisted to some degree in the election of Kaine.
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6. The Byrd Machine in Virginia Democrat politics is as famous, or
infamous, with its Courthouse Cliques per Wikipedia, as the Mayor Daley
Democrat political machine in Chicago with its fabled and foibled Ward
Bosses. In America today, we witness a convergence calling for caution by
caring Citizens, a Chicago-land ACORN community organizer Democrat
Party politician as president, with a Virginia Democrat as chairman of the
national Democrat Party, this in an apparent violation of the Virginia
Constitution where a Governor is not properly to act in any other elective
office, yet a Party chairman is elected, so Governor Kaine is wantonly
violating the Virginia Constitution which he swore an Oath to uphold. Yet
that violation is small potatoes (note the spelling Vice President Quayle)
when a concerned citizen may ask why Governor Kaine would ignore the
well documented plea and appeal to heaven through its supposedly top
civil authority in Virginia to stay an execution AT LEAST UNTIL an other
than PARTISAN PANEL of JURY ELIGIBLE CITIZENS (NO lawyers,
judges, or policemen per the Virginia Code) carefully reviewed the
evidence of Prosecutorial Misconduct by Democrat prosecutor Paul
Thomson and Police Forensic Misconduct by David Sobonya in the trial of
the mentally retarded black man, Eddie Bell. Like in the Bible, Cain killed
Abel, so did Kaine kill a Bell to cover the corruption of Democrat Thomson?
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7. Democrat Governor Kaine claimed to be a Catholic Missionary early in
his life, and true believer Catholics are well known to be Pro-Life, both for
the innocents in the womb known as the unborn, or babies, and also
speaking out against the Death Penalty. Yet Governor Kaine has been for
the execution of babies in the womb if the mother as judge, jury and
executioner says so, more absolute power than even a Justice of a
supreme Court is allowed to wield, with absolutely no consideration for the
partner in the conception of that baby in the womb, the father of the child,
who is denied any Rights in his part of that Creation, that Gift of God. What
an outrageous example of the Violation of Equal Justice for All! Neither the
unborn child in the womb, nor the father, are allowed to exercise their
Rights, the Convenience Right of a pregnant woman trumps all others.
Now we see coward Kaine add the killing of a mentally retarded father due
to the Convenience Right of a Democrat dynasty drug money skimming
corrupt politician not wanting the inconvenience of answering to a Jury of
his peers in a fair and balanced Due Process trial in a Circuit Court of
Virginia for his gross Prosecutorial Misconduct in the sham trial and too
clever conviction of Bell. Note too, that the Catholic Bible has an extra
chapter of Daniel 13, where two judges are put to death for Bearing False
Witness, revealed by Daniel, in accusing Susannah of committing adultery.
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8. Democrat Thomson was widely reported as committing adultery, with a
Court Reporter, who there is evidence she then altered Court Transcripts in
the case that both Democrat Thomson and the Winchester Police Chief
wrote letters in July a.d. 1999 describing as a mess, the Washington
case. That case is currently winding its way through the barriers to Justice
erected by Bar members, lawyers and judges, including the designation by
Chief Justice Hassell of the coached witnesses Snyder v. City of Alexandria
Commonwealth Attorney, now a retired judge, to preside over the case.
For either later being jilted by Democrat Thomson, or having excruciating
pains of Conscience about her participation in Thomsons corrupt actions,
the Court Reporter attempted suicide by overdose of pain killers. That
precipitous event caused the trusted informant, very possibly the honest
policeman Ricky Timbrook, to come forth on 02/17/99 to reveal the drug
money corruption of Democrat prosecutor Thomson. Just over eight
months later, honest cop Timbrook was shot, and the mentally retarded
Bell was framed by Democrat Thomson and Company with the crime
despite a FLIR (Forward Looking Infra-Red Radar) equipped helicopter
painting a suspect who was NEVER APPREHENDED lying under a truck
in the same alley where Timbrook was shot, with Bell two houses away,
where frightened after hearing the gun shot, he broke into a basement.
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9. Reportedly some seventy police responded to the Officer Down radio
call after Timbrook was shot, and the neighborhood was scoured for
evidence, so the news reports relate. However, not revealed at trial was
that the residents of the house where the frightened mentally retarded
Eddie Bell broke into the basement heard the break-in, immediately called
the police and were evacuated from the residence. Yet the Police left Bell
in the basement until the next morning. Was Bell some sort of Legal
Stranger so the Police had no standing to arrest him? Also bizarre, was
that the Police search was called off for a few hours and the crime scene
was unsecured. Then the crime scene was secured again, and the
search resumed. Lo and behold, golly gee-will-akers, the Police now found
a gun at the steps to the house where Bell was hiding in the basement,
AND drug packets near the basement window where Bell broke in to the
house. According to legitimate tests, Bell was mentally retarded, but was
NOT THAT STUPID, to put or plant incriminating evidence in such a way.
Oh, by the way, the gun found happened to have DNA of Bell on it, but also
had two other persons DNA. Further, Defense Counsel and certainly not
Democrat Thomson, never established or refuted that this planted, or
discovered, gun may have been one confiscated from Bell on an earlier
weapons possession charge. Bell was no angel, nor Timbrooks killer.
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10. So what does all this sordid story related above about corruption of a
Democrat prosecutor with family ties to the Democrat Dynasty, followed by
corrupt cover-up by a Democrat Governor have to do with Voting Rights in
Virginia? Well the Senior Assistant Attorney General, whose Political Party
affiliation is not known, yet who is known to serve under the Republican
Attorney General, is now facing charges for Prosecutorial Misconduct
before the Virginia State Bar, since a.d. 1938, an agency of the Virginia
supreme Court. The Plaintiff did personally write to the former Republican
Attorney General calling on him to ask the Democrat Governor to stay the
execution, yet never received the
courtesy - or duty - of a reply on the
Bell issue, whereas the Plaintiff did
receive courteous replies on other
Justice in Virginia issues. Apparently
that is the dimes worth of difference
between a Republican elected servant
and a Democrat one, sometimes a
Citizen will receive a courteous reply,
yet NONE of the two primary partys
candidates replied to this letter ---->.
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11. Tweedledum, Tweedledee
politics are displayed by such
dereliction of duty by both dum-o-
cans and republi-crats as
revealed in the list of candidates
of the two primary parties on the
letter of 3 April a.d. 2009. Not one
had the courage to stand up for
Equal Justice for All, including
Justice for falsely accused and
convicted young black men by
Democrat Thomson and his
henchmen like Sobonya. Therefore, it
follows that a Virginia Voter Revolution is
essential if the Founders Vision of
Liberty and Justice for All is to be
restored in Virginia. Yet the Two Party
Tyranny that is part and parcel of the
laws passed by lawyer-legislators of both
parties is a barrier to a true elective representative Republic in Virginia.
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TWO-PARTY TYRANNY BIAS IN VIRGINIA ELECTION LAWS
12. Virginias favorite son and the
father of His country, George
Washington of Mount Vernon warned
of the baneful effects of party. The
baneful, or bad, effects may be much
different that what we today may
imagine. Independent minded, Liberty
loving Statesman servants are barred
or submerged in the current system by
go-along, get-along, scratch-your-back, scratch-my-back politicians. The
difference between a Politician and a Statesman, is like master politician
Democrat Bill Clinton, or his progeny in Virginia, Warner, Webb, Kaine
and McAuliffe, or Republican Nixon in his Watergate tragedy, a politician
will say or do anything to win the next election, whereas a Statesman will
work in GW - Gods Will - for the next generation. America needs more
Statesmen, yet the current system of Two-Party Tyranny in Virginia works
against Voters being allowed to elect a Statesman. The Plaintiff as a
former Navy Special Duty, Cryptology officer may be able to decode parts
of the Code of Virginia that reveal the hidden hand of Two-Party Tyranny.
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13. In the Year of Our Lord Jesus 1998, a third party candidate won the
race for Governor - in Minnesota. Jesse Ventura was the man who won
while spending about $600,000 in his campaign, while the son of former
Vice President Hubert Humphrey; and then Mayor of Saint Paul, and later
United States Senator Norm Coleman, together spent around $13 million.
The fact that money did not buy the election was part of that Revolution.
While Minnesota has a population of 5,220,393 and eight United States
Representatives, and Virginia has a population of 7,769,089 with eleven
Representatives, Minnesota requires only 2000 Voters to sign a petition for
a man like Ventura to run for Governor, while Virginia requires 10,000. Yet
not if nominated by one of two established political parties in a convention
process closed to the rank and file voters and grassroots workers of the
party, as was done this year in the Republican Party of Virginia where the
qualification process was closed on 1 December of the previous year; per
Virginia Code 24.2-508. Powers of political parties in general, 24.2-535.
Vote required to nominate; both reveal bias. 24.2-505. Declaration of
candidacy required of independent candidatesbetrays a glaring bias:
A. Any person, other than a candidate for a party nomination or a party nominee,
who intends to be a candidate for any office...
B. Any person, other than a candidate for a party nomination or party nominee, who
intends to be a candidate for election
C. Any person, other than a candidate for a party nomination or party nominee, who
intends to be a candidate at any election for any other office...
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14. The obvious bias in favor of a Party nominee is clear violation of Equal
Justice under the Law, for All. It is the same in Voting Rights as Separate
But Equal facilities were in Civil Rights of the Jim Crow racial segregation
and Massive Resistance heyday of Virginias Democrat Dynasty years.
The Plaintiff was mentored as a boy by Atlanta Constitution publisher Ralph
McGill, who fifty years ago in a.d. 1959, earned the Pulitzer Prize for his
editorials against Segregation. He also earned the wrath of many
Democrat voters of Georgia and possibly too, some of the very few
Republicans who existed in that state in those times, who did drive-by
shootings, suffered the cold shoulder in his church fellowship hall, and
had burned Crosses in his yard on Piedmont Boulevard not far from the
current trendy area of Buckhead, a place where the Plaintiff was welcomed
and allowed to borrow some of Tennessee Republican turned Georgia
Democrat McGills many books on the tax related and economic causes of
the War Between The States, an early lesson in the motivations for most
wars - money and taxes - far more than Principles of Life and Liberty. Yet
Patrick Henry made immortal the words, Give me Libertyor Give me Death,
and George Washington, who flew the Liberty Tree Navy flag, said,
A primary object should be the education of our youth in the science ofgovernment In a republic, ...what duty more pressing than communicating itto those who are to be the future guardians of the liberties of the country?
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15. Liberty or Death, to be or not to be, each is the question. Under the
Next Friend law that like the Good Samaritan law enables or encourages
the Common Sense, Common Man, to not wait for hired hands such as a
lawyer, a policeman, or a child or adult protective service worker, for the
average citizen to act immediately to aid or protect a minor from harm by
taking action in the Courts of Law, that sometimes advance Justice, too.
Yet the all too pervasive modern mentality of government of the lawyers, by
the lawyers, and for the lawyers has rendered a non-lawyer Citizen a
Legal Stranger in the Courts that were created to serve him and his
neighbors. As a Common Citizen, yet a man who while in the Navy got
Orders to serve as a Boy Scout Camp Counselor for mentally retarded
Scouts, Plaintiff Manship tried hard for weeks to save the life of a mentally
retarded, and likely innocent, black man Eddie Bell, but the corruption of
the Democrat Governor and Democrat prosecutor of Bell, as two parts of
the Criminal Justice system, executed Bell anyway on 19 February. On 17
February a.d. 1688, the Reverend James Renwick for whom the Plaintiff is
named, was executed by the State. His last words were: The loss of man
is not the loss of cause. So it be so here and now. The cause? The cause
is Equal Justice for All in Virginia, a principle of Liberty trampled by the go-
along, get-along Tweedledum, Tweedledee Two-Party Tyranny in Virginia.
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16. In HARPER V. VIRGINIA BD. OF ELECTIONS, 383 U. S. 663 (1966),
at 667 is written by Justice Douglas:
Long ago, in Yick Wo v. Hopkins,118 U. S. 356, 118 U. S. 370, the Court referred
to "the political franchise of voting" as a "fundamental political right, becausepreservative of all rights." Recently, in Reynolds v. Sims,377 U. S. 533, 377 U.S. 561-562, we said, "Undoubtedly, the right of suffrage is a fundamentalmatter in a free and democratic society. Especially since the right to exercisethe franchise in a free and unimpaired manner is preservative of other basiccivil and political rights, any alleged infringement of the right of citizens tovote must be carefully and meticulously scrutinized."
There we were considering charges that voters in one part of the State hadgreater representation per person in the State Legislature than voters in anotherpart of the State. We concluded:
"A citizen, a qualified voter, is no more nor no less so because he lives inthe city or on the farm. This is the clear and strong command of ourConstitution's Equal Protection Clause. This is an essential part ofthe concept of a government of laws, and not men. This is at the heartof Lincoln's vision of 'government of the people, by the people, [and]for the people.' The Equal Protection Clause [Page 383 U. S. 668]demands no less than substantially equal state legislative representationfor all citizens, of all places as well as of all races."
Little known by Justice Douglas is that the words attributed to Honest Abe
Lincoln he stole from the Reverend John Wycliffe likely through Bartletts
Familiar Quotations published in the 1860s. Wycliffe wrote in the General
Prologue to the Holy Bible Wycliffe translated into the English language,
The Bible is for the government of the people, by the people and for the
people. Lincoln, a non-law school lawyer, left out the Bible, yet many or
most law school lawyers today would purposely leave out the Bible with
their learned misconception of the Founders Vision of Separation of
Church and State, to protect the garden of the church from state intrusion.
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17. Continuing the opinion in the Harper case against Virginia, is written:
The principle that denies the State the right to dilute a citizen's vote onaccount of his economic status or other such factors, by analogy, bars asystem which excludes those unable to pay a fee to vote or who fail to pay.
The only way a Virginia Citizen can in the current system vote for or against
a judge who has shown bad behavior worthy of Impeachment is to offer
his or her services as a legislator to the Voters of Virginia. Sadly, the
lawyer-legislators, who while a minority of members in Virginia unlike most
states, yet still dominate the Courts of Justice Committees where judge
qualifications, or lack of qualification, are first reviewed. So one other such
factors is being a Bar member, lawyer-legislator, another is being a
member of one of the Two-Party Tyranny system that enables election on
different, arguably easier standards than for independent candidates.
Such an electoral system is clearly not Equal Justice for All.
It is argued that a State may exact fees from citizens for many different kinds oflicenses; that, if it can demand from all an equal fee for a driver's license,[Footnote 5] it can demand from all an equal poll tax for voting. But we mustremember that the interest of the State, when it comes to voting, is limitedto the power to fix qualifications.Wealth, like race, creed, or color, is notgermane to one's ability to participate intelligently in the electoral process.Lines drawn on the basis of wealth or property, like those of race(Korematsu v. United States, 323 U. S. 214, 323 U. S. 216), are traditionallydisfavored.
There is a cost to the process of gaining Candidacy Petition signatures,
which membership in one of the Two-Party Tyranny can avoid, though not
when there is a contested primary election or convention in that party.
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18. The reality of that cost of gaining Petition signatures is directly
addressed in the Virginia Code, prohibiting a candidate from paying people
to acquire Petition signatures. In the real world, ACORN community
organizers are able to receive government funds to register Citizens to
Vote, or Domestic Violence social workers, or other such government paid
workers, so it is easy to see how to bypass to the Petition signature non-
payment restriction, if you just have control of the government, and its
purse-strings. Continuing from Harper v. Virginia Board of Elections:
To introduce wealth or payment of a fee as a measure of a voter'squalifications is to introduce a capricious or irrelevant factor.The degree ofthe discrimination is irrelevant. In this context -- that is, as a condition ofobtaining a ballot -- the requirement of fee paying causes an "invidious"discrimination (Skinner v. Oklahoma, 316 U. S. 535, 316 U. S. 541) that runsafoul of the Equal Protection Clause.
A Candidate for office must be a qualified voter, so by extension, to impose,
or introduce wealth or payment of a fee as a measure of a candidates
qualifications is to introduce a capricious or irrelevant factor. Party
primaries impose a fee. Non-party candidates are burdened by Virginias
election laws with extra costs. The cost of campaigning, and advertising
ones Vision of Service to the People in the free marketplace of ideas, is
sufficient barrier to entry of any but the most motivated or dedicated. Bars
constructed by the Two-Party Tyranny to perpetuate their privileged
positions of power need to be broken down and removed, here and now.
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19. On the other hand, the fees paid by the Party candidates in an open
primary most likely do not cover the true cost of conducting the election, so
is to some extent a government subsidy to one of the Two-Party Tyranny
parties. This year of our Lord Jesus the 2009th, the Democrats have a
primary on this day, the 9th day of June, whereas the Republicans, afraid of
cross-over voters from the Democrat Party who past experience shows
vote for the weaker Republican candidate to better position their Democrat
favorite to win in the General Election. The proper concept of a Primary
Election is much like Spring Training in football, to have different squads
practice to improve their performance. Usually the Star Quarterback will
win the nod to lead the entire team in the fall, but once in a Blue Moon, or
once when a Red Sky at Morning, a Walk-On Quarterback will win the
starting position. Either way, the team is stronger, and in the level playing
field Game of Politics, unseen in Virginia, that means the Voters win.
Other states have primaries closed to only those registered in that political
party. That is a wise model, but to stop the Two-Party Tyranny, a careful
accounting of the costs of Poll Workers and other costs of administering a
Party Primary Election should be FULLY PAID by that party, not the
taxpayers as a whole. Doing otherwise is again a violation of Equal Justice
Under the Law, for the third party, or non-party candidate is disadvantaged.
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20. Time is money, and both are often in short supply in a campaign to be
elected as a Public Servant. Note the title of Public Servant, and
remember that President Washington signed his letters, Your most humble
& obedient servant. Such humility is rarely seen in todays Elected
Officials who ever too often become officious once elected, and fail to
remember that the People are their employer, or boss. Unfortunately, the
statesman model of servant-leadership created by the Founders Vision has
like the British Army played the tune at Yorktown, become The World
Turned Upside Down. Now the elected politicians act as though they are
the masters of the People, more wise than the Voters who elect them. Yet
back to the issue of Time in a campaign for election as a public servant.
The Two-Party Tyranny in Virginia has constructed many month lag-times
for Candidate Qualifications as barriers to the entrenched elite of the Party.
The Republican Party in Virginia imposed a 1 December 2008 deadline for
Candidate Qualification for Governor for a 3 November 2009 election, and
a late May closed party convention, where delegates had to pay to attend
so they could vote. The poor, yes Virginia, not all Republicans are Country
Club Republicans, or the rank and file Republicans unable to pay the
costs of travel to Richmond or pay the Delegate fee were disenfranchised.
The long lead time for candidate qualification is a barrier to the Voters will.
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21. A careful reading and analysis of the Virginia Code regarding Elections
shows several logical inconsistencies regarding time for candidate
qualifications, which is part and parcel of the Right to Vote. If late on the
scene, yet capable and competent candidates are barred from offering
their services, do the Voters have less than the best from which to
choose? Recall the very telling tale of a 22 year old Harvard graduate who
came home to attend Columbia Law School, but was drafted by his
neighbors to run for the state legislature. He won, and once in Albany, he
led the charge to Impeach the Chief Justice of the New York supreme
Court. The 22 year old Impeachment hero? Theodore Roosevelt. For
years before, the two parties failed to Impeach an obviously corrupt Chief
Justice, yet fresh blood, just out of college did what needed to be done.
May these illogical time requirements be an accident or the hidden hand
of a Two-Party Tyranny? What were the advance time qualifications for his
candidacy. Thomas Jefferson persuaded his pastor, Charles Clay to run,
and both ministers Henry Fry and William Woods to run and win seats in
the Legislature. Also remember that Yale University has the letter George
Washington wrote to John Marshall to run for Congress, and Washington
encouraged Patrick Henry to run for Congress, but sadly Henry died before
the election. What advance time requirement restricted these Founders?
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22. The long lead times do little or nothing to encourage new leaders to
serve, and are not consistent with either the pre-election printing schedule,
or the lead times cited in various part of the Code of Virginia. For example,
24.2-228.1. Election to fill vacancy in constitutional office. says:
A. The governing body of the county or city in which the vacancy occurs shall, within 15
days of the occurrence of the vacancy,...
24.2-229. Appointees to qualify and give bondin thirty days.
24.2-503. Deadlines for filing required statements; extensions.
The written statements of qualification and economic interests shall be filed by
(i) primary candidates not later than thefiling deadline for the primary,
(iii) candidates in special elections by the time of qualifying as a candidate, and
(iv) all other candidates by 7:00 p.m. on the second Tuesday in June.
The long time between the second Tuesday in June and Election Day in
November is over 120 days.
24.2-507. Deadlines for filing declarations and petitions of candidacy.
1. For a general election in November, by 7:00 p.m. on the second Tuesday in June;
Over 120 days
2. For a general election in May, by 7:00 p.m. on the first Tuesday in March;
About 60 days
3. For a special election held at the same time as a November general election, either (i)
at least seventy-four days before the election or (ii) if the special election is being held
at the second November election after the vacancy occurred, by 7:00 p.m. on the second
Tuesday in June before that November election;
74 or more days for a special election at the same time as the Novemberelection or Over 120 days for (ii) paragraph scenario.
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23. If a Voter can register, or qualify to vote, 30 days before an election, if
there be any true Equal Protection under the Law, then a Candidate for
election by such qualified Voters, the Virginia Election Laws should allow
not more than the Special Election advance time of 74 days, or 60 days,
like a May General Election, not over 120 days like a the Primary to
General Election lead time frame imposed on Non-Party Candidates, or like
the 330 or so day lead time that the Republican Party imposed to assure no
contest for its preferred candidate for Governor in anno domini 2009. In
Florida, the Party Primary is conducted in September, the run-off Primary, if
needed, is conducted in October, and of course the General Election in
November. For Virginia, seventy-four days from 3 November would be on
or about 19 August. Sixty days from 3 November would be on or about 3
September, right about Labor Day, the traditional time for the fall campaign
to start and for the people to begin to pay attention to the messages of the
Candidates. The shorter campaign would mean less waste, and more
candidates who are relatively poor, would likely be able to qualify, and
bear the relatively short term costs of running a campaign. That reduced
cost of campaign due to shorter cycle would likely lead to increased
diversity of Candidates with a Revival of our representative Republic.
(b) Fee payments or wealth, like race, creed, or color, are unrelated to the citizen'sability to participate intelligently in the electoral process. Pp. 383 U. S. 666-668.
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24. Elective Office in a representative Republic should not be the exclusive
playground of the Rich and Famous, in much the same way, that a citizen
should not be limited in his choice of assistance of counsel in the Courts
to the members of the lawyers mutual aid and protective society, or union,
known as the Virginia State Bar. If an
accused Citizen is best served by an
accountant as assistance of counsel,
then our Courts should so allow, or if some
other technical or professional assistance
could best help the Citizen prevail, then
the Citizen should have the Liberty to
make such a choice. The written Rules
should be short and simple to support that goal. See the difference
between the 2002 Rules of the Virginia supreme Court and the 2007 Rules
of the U. S. supreme Court. And the rules of the Virginia Election Laws
impose unnecessary cost burdens on non-party candidates. For example,
in Minnesota, where Jesse Ventura as a third party candidate qualified and
won, the Petition form online shows the data elements required but does
NOT impose the exact size and shape as does Virginia. In Florida, in 1983,
the Supervisor of Elections allowed a convenient 4 x 6 card Petition format.
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CONCLUSION
25. This Virginia Voter, Plaintiff Manship, is sorely taxed by the corruption
of the Democrat Governor covering up the drug money skimming corrupt
former Democrat Commonwealth Attorney, related to the Byrd Democrat
Dynasty of many decades duration. The Plaintiff served as a Page in the
Georgia Legislature for a Republican Representative, yet invited Democrat
Senator Jimmy Carter to speak to his high school Honors Day Assembly,
and later volunteered for both his Governor and Presidential campaigns.
Four years later, seeing the failed presidency of Democrat Carter due to his
embrace of left-wing policies, the Plaintiff left active duty in the Navy to
volunteer for Reagan for President, a man who revived this Republic. Yet
on the other hand, the lack of courage to stand up and call on Governor
Kaine to exercise his Pardon Power in the case of clearly innocent Jeffrey
Franklin Washington, an Army Veteran wrongly forced by Democrat Paul
Thomson to take an Alford Plea, only by gross Prosecutorial Misconduct by
Democrat Thomson, is the go-along, get-along response of the current crop
of Republican candidates for Governor and Attorney General. Such
cowardice and lack of Liberty principles by both of the Two-Party Tyranny
Candidates turns my stomach, as well as it does for many other Virginians.
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26. In short the Virginia election laws perpetrate a fraud on the Virginia
Voters, and perpetuate a Two-Party Tyranny of Tweedledum, Tweedledee
politicians, who will say and do anything for their own Partys election,
rather than for the common wealth of the Citizens of the Commonwealth.
Time, fees, and restrictive rules are all strands that bind us from Liberty.
I move the Court to remove the hidden hand of the Two-Party Tyranny of
the Virginia Election Laws that has created a Barrier to true Liberty of
Virginia Voters, a Barrier that needs to be broken up and torn down, to
wash away the webs so we can again breathe the sweet air of Liberty.
27. As a result, I passionately believe that this Virginia Voter as well as
millions of other Virginia Voters would rally to a Justice Reform or Just &
Right, Jefferson - Reagan style Republican candidate, not a Republi-crat, a
man not afraid to stand up and speak the Truth to Power, a man willing to
stand and say The first day I serve as Governor, I will correct the gross
error of the Judicial Branch in the case of Jeffrey Franklin Washington, by
an Absolute Pardon, for as Thomas Jefferson chose as the Motto of the
University of Virginia, the words of Jesus from Saint John 8:32:
You shall know the Truth, and the Truth shall set you free.
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CERTIFICATE OF SERVICE
The Commonwealth of Virginia as a named Party will receive by mail
delivery a copy of this PETITION FOR WRIT OF MANDAMUS, filed by mail
with the Clerk of the Virginia supreme Court at 100 North Ninth Street,
Third Floor, Richmond, Virginia 23219 on Tuesday, 9 June anno domini
2009, the day of the Democrat Party Primary Election, at the Office of the
Republican Attorney General William Mims, acting as agent for the
Commonwealth at the Attorney General offices located 900 East Main
Street, Sixth Floor, Richmond, Virginia 23219, United States of America,
and will be mailed to Democrat Governor Timothy Kaine at his offices at
1111 East Broad Street, Third Floor, Richmond, Virginia 23218.
James Renwick Manship, Sr.
God and Country Foundation
Box 76
Mount Vernon, Virginia 22121
540-322-1767 / 540-408-6659 c
mailto:[email protected]:[email protected]:[email protected]