i love old ww2 movies from the 60's, and 70's...
ZEE TRAIN VIZ ZE DOPE AND ROACH VILL NOT MEK IT PAST ZIS CHECKPOINT, MEIN FUHRER. ZEE "KAMERADE RAUCH" MUST NOT BE ALLOWED TO VIN. ZE REICH DEPENDS ON ZITs
BLOG POST ON SUBJECT FROM PHIL MARX; WHO TESTIFYED AS A "FRIEND OF THE COURT"
HIS ACCOUNT OF THE MEETING( minutes)
http://myhudhouse.blogspot.com/2012/03/one-strike-and-your-out.html
related link
http://www.indianasnewscenter.com/news/local/Name-Disqualifies-Candidate-140980003.html
OTHER ELECTION BOARD CORRESPONDENCE:
We have all read Indiana code, regarding elections, and "nicknames" on ballots.
I believe I have proven by a preponderance of evidence, and beyond a doubt that this plaintiffs motion should be dismissed.
Indiana code repeats the phrase "A candidate MAY..."; as compared to "A candidate SHALL". we are all familiar with the important distinction of these 2 words.
Next: Indiana code is very short, and vague, and over broad with repsect to what constitutes a nick name; and what may or may not be included. IC -3-5-7-5
Heres an excerpt of Nevada State election laws, which are very narrow, and specific in what constitutes a nickname. the important note here is to compare and contrast the very vague Indiana Code, which is written into law, here in Indiana; and the written Nevada code; or Law, as governed by Nevada state Law.
clearly, there is a lot of room for interpertation, In Indiana code, butThat interpretation can not be made, due to the faule, brevity, vagueness of Indiana law. If Indiana Law, was as narrow and specific as Nevada State Law, then the election board would have plausible grounds to remove the ("offensive" nickname") from the ballot. However, as Indiana Law is written, ther is a very wide latitude, and freedom, and a GAPING HOLE in Indiana code, that until this flaw is corrected, I believe the plaintiffs complaint should be dismissed, on simple grounds that Indiana code/ Law is flawed, vague, overbroad.
here is the Nevada law cited. I'm sure that ALEC, and other legislative services would be readily able to list all the similarities, and differences between all these various state laws, with respect to "nicknames". I am aware there are many that are similarily vague as Indiana law, but Nevada Law is the most specific i have happened across, while researching this issue; and again- it is very concise, and specific, whereas Indiana law is deficient.
NEWS TIP- UPCOMING ELECTION BOARD HEARING
iNDIANAS LAW? VS..
BIG ENOUGH TO DRIVE A STEAM LOCOMOTIVE THROUGH
NEVADA ELECTION LAW.
NRS 293.256 Names of candidates on ballots not to include title, designation of profession or occupation. In any election regulated by this chapter, the names of candidates as printed on the ballot shall not include any title, designation or other reference which will indicate the profession or occupation of such candidates.
(Added to NRS by 1969, 20; A 1995, 2624)
NRS 293.2565 Use of given names, surnames and nicknames on ballot; use of additional criteria to distinguish between candidates having same given names and surnames.
1. Except as otherwise provided in subsection 2, in any election regulated by this chapter, the name of a candidate printed on a ballot may be the given name and surname of the candidate or a contraction or familiar form of his or her given name followed by his or her surname. A nickname of not more than 10 letters may be incorporated into the name of a candidate. The nickname must be in quotation marks and appear immediately before the surname of the candidate. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he or she is voting.
2. In any election regulated by this chapter, if two or more candidates have the same given name and surname and:
(a) None of the candidates is an incumbent, the middle names or middle initials, if any, of the candidates must be included in the names of the candidates; or
(b) One of the candidates is an incumbent, the name of the incumbent must be listed first and the word “Incumbent” must appear next to the name of the candidate who is the incumbent.
(Added to NRS by 2003, 1714; A 2011, 2086)
I would like to also refer the election board to my blog post- titled "whats in a (nick) name?"
in which I have dozens of examples of (nicknames) of many famous, and infamous, and fictional persons. -
aliases, "aka";s, pseudonyms, and so on. politicians, criminals( arent the nearly the same? tee hee); sports figures, and so on. Mark Twain aka Samuel Clemens; for instance..
I would also like to cite the Indiana constitution- article 1-
Section 9. No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print,
freely, on any subject whatever: but for the abuse of that right, every person shall be responsible.
I would like to point out that i have used various unconventional nicknames in the past, for various offices, at various times, before, and precedent is that the ACEB nor citizens, nor anyone else has complained, or questioned my previous "nicknames" until now.
My present Facebook page- the one i use most ofetn- has the same nickname- which i am commonly known by for my advocacy of legalization of marijuana. I am not advocating any illegal activities with the present nickname on the ballot. Also- My nickname is not offensive to the FCC-with respect to their "7 words" doctrine, enshrined by George Carlin, the comedian, and humorist. Nor is my ballot nickname offensive with respect to the f- word, or any other common vituperative invectives, aka "curse words"
Of course- a ballot nickname of "f- f- ty f-ty f", or any other 20 letter "nickname" as Indiana law is written- should also be allowed/permitted under State law as written..
I coule think fo several examples of people with legal birth names, legal names, as written on birth certificates, drivers licenses, marriage certificates, and even the occasional stry name change( New Hampshire democrat Presidential candidate "Vermin supreme " comes readily to mind-- but names like "Stoner, WEad, Roach", and many others to numerous to list here, could also plausibly have (NICKNAMES) with a marijuana related wording. In fact, theres a very large Pharmaceutical global mega-corporation called "ROCHE" - talk about durgs.. wow!! If only i was directly related to the "family business"; we would not even be sitting here. I'd be on a yacht somewhere else. tee hee..
But I digress.
so w have covered- the difference between "may " and "shall"
we have talked about the Indiana constitution, Article 1. and by extension- the us constitution free speech provisions wth repsect to freedom of expression, and being able to call yoursle f pretty much anything a person wants to be called ( except late for supper)- as compared to the legal process of changing ones name to anything, and the expenses involved.
we have talked about the differences between nevada and Indiana Stat election laws. go look it up.
we have talked about the gaping hole in Indiana code, regarding IC 3-5-7-5, and related laws.
we have talked about IC3-5-7-5- with resepect to the differences between a persons legal name on paper- birth certificates, drivers licenses, bank accounts, and so on; state law processes to legally change ones name to pretty much anything they want, as long as the file the proper county court paperwork.
( hi there! my name is slim shady?) or hi there, my name is F. F--ty-F-ty. F.. but my (nickname) is "BOB".
SLIM SHADY- AKA MARTIN MATHERS. ( john waynes real name was not john wayne. can you guess what it really was? )
Marilyn Monroes Real name was not Marilyn Monroe. Nor was Carol Lombards "Carol Lombard, for that matter. charlie sheen? guess again..
ANOTHER MATTER WHICH SHOULD ALSO BE TALKED ABOUT IS THIS:
Is it within the bailiwick of the ACEB to decide the outcome of a partisan primary election by its action, if a caniddates name is removed from a ballot? should not the democratic( n this case) voters decide? I have been known as various nicknames - many, throughout my life. some flattering. some- not so much( the MAYOR OF MAIN STREET, for one; the MAYOR OF WELLS STREET for another..) GENERAL. GENERAL FORREST; FORREST GUMP; too many to list.
In the interest of Indiana constitutionl, and US also rights, shouldnt the ACEB simply concede, and entertain this unsual alternative counterculture nickname; and simply let the voters decide? let the wheel land where it may? the cards play as dealt? the free market? as compared to bureaucratic/administrative arbitration?
So this is certainly an interesting conundrum. And I'm szure that all of you are spending time on this matter, whe your time at the typical legal billable time- is far more valuable to be doing better things than to be sitting here on sucha fine day with the likes of me, floggint the minutiae of flawed state election laws, or my political agitation for reform of government- as is also my Article 1 rights- paragraph 1- Indiana constitution.
but that is also my intent- to grind the wheels of government one troublesome grain of sand at a time.
as Bugs Bunny might say" Aint I a stinker?" so now having reduced this matter to loony toons cartoon absurdity, I throw myself on the judgement of this exaledt election board..
By the way- If a person is found guilty of some class d felony for violating some minutia of a state election law, due to a difference of interpretation, both equally valid; does a person lose their gun rights per state, and federal constitution, by conviction of a minor, albeit yet still felony?
and the plot thickens- Indiana felony election laws- another series of laws in serious need of reform..
so you see- the more we examine this matter, the order of magnitude of complexity increases. wasting time, and money. taxpayers money, which i dont mind burning, figuratively, and litteraly, when the circumstances warrant.
so- I guess i have wasted the ACEB's precious, valuable time on this trivial matter long enough, and do hereby respectfuly request that the ACEB issue a finding of dismissal, due to vagueness of IC 3-5-7-5.
----- Forwarded Message -----
From: dave roach <dcroach@yahoo.com>
To: Beth Dlug <Beth.Dlug@co.allen.in.us>
Cc: "dcroach@yahoo.com" <dcroach@yahoo.com>
Sent: Sunday, February 5, 2012 10:25 PM
Subject: Re: D.C. .(Legalize-Marijuana) Roach
From: dave roach <dcroach@yahoo.com>
To: Beth Dlug <Beth.Dlug@co.allen.in.us>
Cc: "dcroach@yahoo.com" <dcroach@yahoo.com>
Sent: Sunday, February 5, 2012 10:25 PM
Subject: Re: D.C. .(Legalize-Marijuana) Roach
Ms Dlug:/ Beth
Thank you for permitting my internet listing to reflect my official paperwork. I dont mean to be a pest. theres method to my "madness".
Furthermore, I sincerely appreciate the ACEB's indulgence in entertaining my positive intentions, And I hope my candidacy stimulates discussion of this issue, as well.
have a great day, and again, thank you to you and the election board. professional civil servants, and government workers are what keeps the gears of democracy turning. Politicians, and elected officials come and go, but it is the institutional collective knowledge, and wisdom that is really what keeps our governments operating smoothly.
If i were to win, I would be 1 of 3 commissioners, and I am acquainted with all the incumbents, and would provide balance and a voice of sanity and reason to the triumvirate, as i am not an adherent to the Tea party philosophy that is most assuredly taking the USA in some wrong trajectory.
As A Democrat, and a stated liberal socialist democrat- who received nearly 25,000 votes by the county voters, i take this seriously, and i really am a serious person, when it comes to business. as to the sily media curcus, and political games that must be played? well, you know i can put on a show, using humor to make a point..
yours truly,
David C Roach
aka/ alias D.C. ( Legalize- Marijuana) Roach
sometimes being named roach has fringe benefits.. fringe? lol..
From: Beth Dlug <Beth.Dlug@co.allen.in.us>
To: dave roach <dcroach@yahoo.com>
Sent: Friday, February 3, 2012 4:08 PM
Subject: RE: D.C. .(Legalize-Marijuana) Roach
Thank you for your complaint.
Although the candidate listing on the Allen County Election Board’s website is unofficial, and not necessarily intended as a reflection of the name that will appear on the ballot, we can appreciate your concern.
We will add the nickname to the website listing.
Regards,
Allen County Election Board
From: dave roach [mailto:dcroach@yahoo.com]
Sent: Friday, February 03, 2012 1:45 PM
To: electionboard
Cc: dcroach@yahoo.com
Subject: D.C. .(Legalize-Marijuana) Roach
Sent: Friday, February 03, 2012 1:45 PM
To: electionboard
Cc: dcroach@yahoo.com
Subject: D.C. .(Legalize-Marijuana) Roach
to whom it may concern- allen county election board:
I hereby respectfully request that you comply with indiana code 3-5-7-5
and correct your internet primary candidate filings; for 2012, and also- state convention delegate ( democrat)
filing pages- link: http://www.allencounty.us/candidate-filings
to accurately reflect the proper legal paperwork i filed with the election board, CAN-2; andCAN- 37 - so that the internet listing, and the documents filed at ACEB are mirrored- the same- with my name listed as :
D.C. (Legalize- Marijuana) Roach.
It is not up to you to arbitrarily decide what is acceptable, or what is not; or whether the internet links, and the paperwork filed in your office should be different.
In fact- by not properly documenting the accurate legal public records filed is likely in violation of some other state law( not cited here)- as I'm not a lawyer.
With respect to whether (Legalize-Marijuana ) is or is not a legal nickname- I would like to cite precedent- of previous filings by myself-
in a previous mayoral election- 1998, i recall- I filed a nickname as (Fort Waynes Most Wanted)- as i was getting jokes directed to me about how the police were always after me- like i was on someones most wanted list- FBI/ ; or the tv show- americas most wanted, etc- people would say- hey- its fort waynes most wanted. how ya doing, dillinger?)
the ACEB didnt raise any issue then.
In 2010- I also filed as democrat for Sheriff, with the nickname of (Mr.Roachclip) as this was a nickname i had in HS- named after a cheech and chong record album, track about a marijuana legalization advocate- a Mr Ashley Roachclip"
On other previous occasions, I filed with the nickname (papa Roach) - both for the rck band of the same name, and also the piaaz guy- papa john- When i would visit my female friends, i would say "papa roach is in the house"
So why the problem now? if we are to cite precedent- as the state laws hazve not changed with respect to nicknames..
As to (Legalize-Marijuana)- this is my most recent nickname- as i am always talking of legalizing recreational marijuana. obviously- i'm limited to 20 characters.
I see this 20 character space for a nickmane as 20 characters of freedom os speech. nicknames are not restricted by legaL NAMES- such as that appear on documents, such as drivers license applicarions, socila security cards, and so on. many different people have many different nicknames, according to the group of people they hang out with.
I have had differnt friends all n the same time frame call me "roachy, mr roachclip, smoke a roach, and so on, as well as other humorous, and not so amusing nicknames , related to insects, or marijuana.
So to cite the proper state law:
A candidate MAY use a nickname on the ballot only if the nickname satisfies the following"
1.the Nickname is a name by which the candidate is commonly known.
( in this case- I AM Mr. legalize marijuana, to several of my friends, and many others, as i am always speaking out, posting to facebook pages, my own blog, etc.. )
2. The Nicknamee does not exceed 20 characters.
( Its not like im wanting to be listed on the ballot as --excuse my language- used to make a point- )
(fuckfuckfuckfuckfuck) - which is 20 characters.. but if a person did, there is no legal restriction- maybe thats there favorite word, or anything any other reason. who decides what is and is not a nickname? what is "IS"IS?
3. The nickname complies with subsection (e) - listed below-
(e)- a candidate MAY NOT use a:
1. title, or degree as a designation.
( example- Doctor, reverend, professor, jd, PHD, and so on?)
2. designation that implies a title or degree
So as i understand this reading of the applicable state law, and given the fact that i have read many laws, and have a college degree in economics, which also deals with government laws, public policy, and other related information-
I see nothing that would legally bar me from using this nickname as a legal nickname..
furthermore- I merely see this as an arbitraty and capricious misapplication of state laws, for the purpose of censorship of my Indiana constitutional rights, and us constitutional first amendment rights.. : to whit:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
probably more applicable- would be this: Indiana constitution:
Section 9. Freedom of thought and speech
Section 9. No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for the abuse of that right, every person shall be responsible.
So I contend that this arbitrary decision, made unilaterally without a proper due process by the ACEB- is a violation of my Indiana Articvle 1 constitutional rights, and should be placed in both the internet link cited above and here:
and also on the may 8th ballot, complete, in its entirety, as filed by me at the ACEB, feb 2nd, 2012.
furthermre, i hereby request a hearing/ due process by the allen county electionboard , to further discuss this matter.
yours truly, David C Roach aka D.C. (Legalize-Marijuana) Roach
you do realize of course that by creating a big hoopla about this, we shall smoke out this issue thoroughly, in the local media.. and social media networks..
xxxxxxxxxxxxxxxXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
to whom it may concern- allen county election board:
I hereby respectfully request that you comply with indiana code 3-5-7-5
and correct your internet primary candidate filings; for 2012, and also- state convention delegate ( democrat)
filing pages- link: http://www.allencounty.us/candidate-filings
to accurately reflect the proper legal paperwork i filed with the election board, CAN-2; andCAN- 37 - so that the internet listing, and the documents filed at ACEB are mirrored- the same- with my name listed as :
D.C. (Legalize- Marijuana) Roach.
It is not up to you to arbitrarily decide what is acceptable, or what is not; or whether the internet links, and the paperwork filed in your office should be different.
In fact- by not properly documenting the accurate legal public records filed is likely in violation of some other state law( not cited here)- as I'm not a lawyer.
With respect to whether (Legalize-Marijuana ) is or is not a legal nickname- I would like to cite precedent- of previous filings by myself-
in a previous mayoral election- 1998, i recall- I filed a nickname as (Fort Waynes Most Wanted)- as i was getting jokes directed to me about how the police were always after me- like i was on someones most wanted list- FBI/ ; or the tv show- americas most wanted, etc- people would say- hey- its fort waynes most wanted. how ya doing, dillinger?)
the ACEB didnt raise any issue then.
In 2010- I also filed as democrat for Sheriff, with the nickname of (Mr.Roachclip) as this was a nickname i had in HS- named after a cheech and chong record album, track about a marijuana legalization advocate- a Mr Ashley Roachclip"
On other previous occasions, I filed with the nickname (papa Roach) - both for the rck band of the same name, and also the piaaz guy- papa john- When i would visit my female friends, i would say "papa roach is in the house"
So why the problem now? if we are to cite precedent- as the state laws hazve not changed with respect to nicknames..
As to (Legalize-Marijuana)- this is my most recent nickname- as i am always talking of legalizing recreational marijuana. obviously- i'm limited to 20 characters.
I see this 20 character space for a nickmane as 20 characters of freedom os speech. nicknames are not restricted by legaL NAMES- such as that appear on documents, such as drivers license applicarions, socila security cards, and so on. many different people have many different nicknames, according to the group of people they hang out with.
I have had differnt friends all n the same time frame call me "roachy, mr roachclip, smoke a roach, and so on, as well as other humorous, and not so amusing nicknames , related to insects, or marijuana.
So to cite the proper state law:
A candidate MAY use a nickname on the ballot only if the nickname satisfies the following"
1.the Nickname is a name by which the candidate is commonly known.
( in this case- I AM Mr. legalize marijuana, to several of my friends, and many others, as i am always speaking out, posting to facebook pages, my own blog, etc.. )
2. The Nicknamee does not exceed 20 characters.
( Its not like im wanting to be listed on the ballot as --excuse my language- used to make a point- )
(fuckfuckfuckfuckfuck) - which is 20 characters.. but if a person did, there is no legal restriction- maybe thats there favorite word, or anything any other reason. who decides what is and is not a nickname? what is "IS"IS?
3. The nickname complies with subsection (e) - listed below-
(e)- a candidate MAY NOT use a:
1. title, or degree as a designation.
( example- Doctor, reverend, professor, jd, PHD, and so on?)
2. designation that implies a title or degree
So as i understand this reading of the applicable state law, and given the fact that i have read many laws, and have a college degree in economics, which also deals with government laws, public policy, and other related information-
I see nothing that would legally bar me from using this nickname as a legal nickname..
furthermore- I merely see this as an arbitraty and capricious misapplication of state laws, for the purpose of censorship of my Indiana constitutional rights, and us constitutional first amendment rights.. : to whit:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
probably more applicable- would be this: Indiana constitution:
Section 9. Freedom of thought and speech
Section 9. No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for the abuse of that right, every person shall be responsible.
So I contend that this arbitrary decision, made unilaterally without a proper due process by the ACEB- is a violation of my Indiana Articvle 1 constitutional rights, and should be placed in both the internet link cited above and here:
and also on the may 8th ballot, complete, in its entirety, as filed by me at the ACEB, feb 2nd, 2012.
furthermre, i hereby request a hearing/ due process by the allen county electionboard, to further discuss this matter.
yours truly, David C Roach aka D.C. (Legalize-Marijuana) Roach
you do realize of course that by creating a big hoopla about this, we shall smoke out this issue thoroughly, in the local media.. and social media networks..
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
Ms Dlug:/ Beth
Thank you for permitting my internet listing to reflect my official paperwork. I dont mean to be a pest. theres method to my "madness".
Furthermore, I sincerely appreciate the ACEB's indulgence in entertaining my positive intentions, And I hope my candidacy stimulates discussion of this issue, as well.
have a great day, and again, thank you to you and the election board. professional civil servants, and government workers are what keeps the gears of democracy turning. Politicians, and elected officials come and go, but it is the institutional collective knowledge, and wisdom that is really what keeps our governments operating smoothly.
If i were to win, I would be 1 of 3 commissioners, and I am acquainted with all the incumbents, and would provide balance and a voice of sanity and reason to the triumvirate, as i am not an adherent to the Tea party philosophy that is most assuredly taking the USA in some wrong trajectory.
As A Democrat, and a stated liberal socialist democrat- who received nearly 25,000 votes by the county voters, i take this seriously, and i really am a serious person, when it comes to business. as to the sily media curcus, and political games that must be played? well, you know i can put on a show, using humor to make a point..
yours truly,
David C Roach
aka/ alias D.C. ( Legalize- Marijuana) Roach
sometimes being named roach has fringe benefits.. fringe? lol..
From: Beth Dlug <Beth.Dlug@co.allen.in.us>
To: dave roach <dcroach@yahoo.com>
Sent: Friday, February 3, 2012 4:08 PM
Subject: RE: D.C. .(Legalize-Marijuana) Roach
Thank you for your complaint.
Although the candidate listing on the Allen County Election Board’s website is unofficial, and not necessarily intended as a reflection of the name that will appear on the ballot, we can appreciate your concern.
We will add the nickname to the website listing.
Regards,
Allen County Election Board
From: dave roach [mailto:dcroach@yahoo.com]
Sent: Friday, February 03, 2012 1:45 PM
To: electionboard
Cc: dcroach@yahoo.com
Subject: D.C. .(Legalize-Marijuana) Roach
Sent: Friday, February 03, 2012 1:45 PM
To: electionboard
Cc: dcroach@yahoo.com
Subject: D.C. .(Legalize-Marijuana) Roach
to whom it may concern- allen county election board:
I hereby respectfully request that you comply with indiana code 3-5-7-5
and correct your internet primary candidate filings; for 2012, and also- state convention delegate ( democrat)
filing pages- link: http://www.allencounty.us/candidate-filings
to accurately reflect the proper legal paperwork i filed with the election board, CAN-2; andCAN- 37 - so that the internet listing, and the documents filed at ACEB are mirrored- the same- with my name listed as :
D.C. (Legalize- Marijuana) Roach.
It is not up to you to arbitrarily decide what is acceptable, or what is not; or whether the internet links, and the paperwork filed in your office should be different.
In fact- by not properly documenting the accurate legal public records filed is likely in violation of some other state law( not cited here)- as I'm not a lawyer.
With respect to whether (Legalize-Marijuana ) is or is not a legal nickname- I would like to cite precedent- of previous filings by myself-
in a previous mayoral election- 1998, i recall- I filed a nickname as (Fort Waynes Most Wanted)- as i was getting jokes directed to me about how the police were always after me- like i was on someones most wanted list- FBI/ ; or the tv show- americas most wanted, etc- people would say- hey- its fort waynes most wanted. how ya doing, dillinger?)
the ACEB didnt raise any issue then.
In 2010- I also filed as democrat for Sheriff, with the nickname of (Mr.Roachclip) as this was a nickname i had in HS- named after a cheech and chong record album, track about a marijuana legalization advocate- a Mr Ashley Roachclip"
On other previous occasions, I filed with the nickname (papa Roach) - both for the rck band of the same name, and also the piaaz guy- papa john- When i would visit my female friends, i would say "papa roach is in the house"
So why the problem now? if we are to cite precedent- as the state laws hazve not changed with respect to nicknames..
As to (Legalize-Marijuana)- this is my most recent nickname- as i am always talking of legalizing recreational marijuana. obviously- i'm limited to 20 characters.
I see this 20 character space for a nickmane as 20 characters of freedom os speech. nicknames are not restricted by legaL NAMES- such as that appear on documents, such as drivers license applicarions, socila security cards, and so on. many different people have many different nicknames, according to the group of people they hang out with.
I have had differnt friends all n the same time frame call me "roachy, mr roachclip, smoke a roach, and so on, as well as other humorous, and not so amusing nicknames , related to insects, or marijuana.
So to cite the proper state law:
A candidate MAY use a nickname on the ballot only if the nickname satisfies the following"
1.the Nickname is a name by which the candidate is commonly known.
( in this case- I AM Mr. legalize marijuana, to several of my friends, and many others, as i am always speaking out, posting to facebook pages, my own blog, etc.. )
2. The Nicknamee does not exceed 20 characters.
( Its not like im wanting to be listed on the ballot as --excuse my language- used to make a point- )
(fuckfuckfuckfuckfuck) - which is 20 characters.. but if a person did, there is no legal restriction- maybe thats there favorite word, or anything any other reason. who decides what is and is not a nickname? what is "IS"IS?
3. The nickname complies with subsection (e) - listed below-
(e)- a candidate MAY NOT use a:
1. title, or degree as a designation.
( example- Doctor, reverend, professor, jd, PHD, and so on?)
2. designation that implies a title or degree
So as i understand this reading of the applicable state law, and given the fact that i have read many laws, and have a college degree in economics, which also deals with government laws, public policy, and other related information-
I see nothing that would legally bar me from using this nickname as a legal nickname..
furthermore- I merely see this as an arbitraty and capricious misapplication of state laws, for the purpose of censorship of my Indiana constitutional rights, and us constitutional first amendment rights.. : to whit:
Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.
probably more applicable- would be this: Indiana constitution:
Section 9. Freedom of thought and speech
Section 9. No law shall be passed, restraining the free interchange of thought and opinion, or restricting the right to speak, write, or print, freely, on any subject whatever: but for the abuse of that right, every person shall be responsible.
So I contend that this arbitrary decision, made unilaterally without a proper due process by the ACEB- is a violation of my Indiana Articvle 1 constitutional rights, and should be placed in both the internet link cited above and here:
and also on the may 8th ballot, complete, in its entirety, as filed by me at the ACEB, feb 2nd, 2012.
furthermre, i hereby request a hearing/ due process by the allen county electionboard , to further discuss this matter.
yours truly, David C Roach aka D.C. (Legalize-Marijuana) Roach
you do realize of course that by creating a big hoopla about this, we shall smoke out this issue thoroughly, in the local media.. and social media networks..
- David...am so sorry. I can't believe they actually disqualified you instead of simply removing the offending portion off the ballot. What pathetic lame excuse did they give??? I know Steve Shine's charge had some legitimacy to it about your nickname being a political statement....but that should not have warranted your removal from the ballot?? Any behind scenes info on this matter would be appreciated. Also, are you ok?
www.indianasnewscenter.com
ALLEN COUNTY, Ind. (Indiana's NewsCenter) - One candidate was removed from the ballot and a number of others fined, during the Allen County Election Board meeting Wednesday.<br />
12 hours agoDavid Christopher Roach- i'm fine. tommy schrader, Charlie white, and myself are going to go get drunk at the "boot hill saloon; and celebrate the death of democracy; and accept the fact that now elections will be decided by 1 voter from the opposite party; an unelected bureaucratic board, and by their actions, deciding individual elections. I didnt call Jim wallace- who was a few petition signatures shy of opposing Mike Pence( vomit!!) nor Rick santorum. although I dont MindA LITTLE FROTHY "Santorum' google that- sorry- morning FM radio immature jokes) tee hee... But RICK SANTORUM IS AN ASSHOLE!!
bUT SERIOUSLY-
I had them backed into a corner, of sorts. I sent them a e-mail of my written statement- sort of like on C-span- when someone has to appear before a congressional committee hearing; and then they read it into the record; and then answer questions.
the complaintant said something about having a nickname like this on the ballot somethng blah blah; and the dignity of the process.. I nearly choked, and roled my eyes, and laughed a little- we all know what circuses the process has become. He talked about well- then bob thomas could put "I sell Fords" ; r something lke that- obviosly doesnt know the difference between commercial and political speech. I suggested he would be OK with someone putting "pro-life"; or "Support Gun rights"; and he said- no- he'd be against that too. A very Odd duck, if you ask me- i think he was either a cop, or a retired cop- he just seemed kinda creepy..
Boxberger asked about "commonly , and widely known"- he looked it up somewhere; and I said well- its on my facebook page, and another one as well; and everyone knows my advocacy for legalizing marijuana( reforming the laws; not illegal drug use.. hE QUIZZED ME - I SAID WELL- YOU KNOW- THAT TOO IS ALSO VAGUE AS WRITTEN- WIDELY; COMMONLY? HOWMANY PEOPLE? 1? 2: 10? 10,000? And cant a person call themselves anything they want, and have multiple nicknames, depending on where they are at, and who they are with?
He asked me some other nit-picky lawyer question( hes the democrat, so hes supposed to be on MY side; and I didnt care to answer, so i told them i preferred not to answer.
Boxberger also asked me- he said he looked me up on the internet, and my resume link; and asked me why i didnt have "legalize- marijuana on it. I explained that it was widely opn on my blog pages, profile, and facebook page. I stated i had nothing about it on my resume; my mlinked in page either, because i keep everything compartmentalized. my work history/resume; my political activities ; and my personal life, and other things i do- i keep theme ll separated- a firewall would be a good term, i suppose..
Klutz- made some observations about the spirit of the law, - and said the law was for names like bob, bill, liz, and so on. I replied, well, we're not talking about the spirit of the law, but the letter of the law, and heres what it says- showed him the highlighted 2 or 3 lines; and said the letter of the law says these are the only restirctions, and anything else is legal.
kluts also spoke about something "self- serving statements"- whidh is lawyer speak i think for lying? he seemed kind of snarky about it..
I spoke about how I had used other nicknames in the past on ballots, and no one has complained; and how Indiana law was vague, overbroad; and was not specific, nor well written,a nd referred them to nevada election law, for example, which is very concise, about 5 paragraphs- defining clearly what and what does not constitute a valid nickname; and that I would not be able to to this in Nevada, but Indiana law is short in its restrictions, and Precedent was on my side.
I referred them to my blog page link- where i did some research on nicknames- such a bill clintons " slick willie: and that Gerald R fords real name was leslie King( quipped about imagine a King for president.
I pointed out how a nicknaeme differed from a legal name, whether through t birth, or legal name change- and that a nickname is anything, while a legal name- drivers license, birth certificate; marrige name change/ hyphenation were different; and the technical legal difference between a candidate may... vs a candidate shall..
I then explained the "cause and effect" of the various decisions they could make.
1- if they removed me from the ballot entirely, then they, and one unhappy republican voter would be deciding the outcome of a democratic primary election, and that certainly presents a bad appearance. I noted that i was pretty sure that ronald c williams was a Republican, just from links to his facebook page- likes- mostly repulbican; and shouldnt the democratic voters be able to decide?
2. they could merely remove the offending nickname; and leave me on the ballot; and again letting the voters decide.
and re-iterated that point.
Klutz asked me about well- isnt a nickname an unfair advantage. I said well- its not illegal by statute, and why arent others doing the same thing? I said that it could be a disadvantage, as well, depending on any given individual voter, but that is their choice to
make, and again- not 1 opposite party voter complaint; and not an unelected, appointed board.
So I had a well laid out premise, and point of view to put out. I questioned if the meeting was legal, because one member- Liz blosser/borgman was AWOL; and a proxy (name?) was seated- some young kid.lawyer i guess, but who knows? i will find out.
shortly after, while they discussed it at their table, i inturrupted them politiely, and added the quote about win Moses, and his "fire in a crowded theatre, and his support of free speech, in the 2-26 JG; and read them the Articl 1; SS 9- freespeech provision in theconstitution; and said well- I'm certainly not yelling fire, but I am saying "smoke"( you get the humor)
I dressed nicely, was always polite, erudite, and coutreous. I thanked them for their time, and said although i disagreed with their decision, that I would likely pursue an appeal.
THE MINUTES OF THE MEETING WILL BE AVAILABLE SHORTLY; with a proper transcript, available, for public inspection, time unknown.
a friend, Phil Marx, also spoke, not directly on my behalf, but called the whole proceeding a travesty, and that their desicion was questionable as well.
He stated that i ave never advocated illegal drugs, or illegal drug use( which i dotn thnk so)- but Phil said i was merely supporting changing/reforming the laws- as the constitution says is our right- that is what i'm advocating..
for a moment- I was nervous- because i was afraid ehe would blow my whole premise- and they asked him if he knew about my legalize marijuana nickname- Phil said its on my facebook page; and i have had other "morphed nicknames before.. "
so all in all- he did good, for unsolicited, citizen testomony( 2 cents worth)
I think i sliced and diced everything up into little pieces, for close examination of each one, step by step, the letter of the law. (I'm no tommy schrader) and I think that kind of agitated them. they couldnt let roach win, and admit that i got the better of them, so they punted. and the court will be left to decide- a judge. (jury; and executioner)? tee hee?
so Zack Klutz spoke about the letter of the law, and their hands were tied, and since they voted like they did( they could have dismissed by preponderance of evidence, presented, with respect to what the law said; precedent; and what other state laws say, comparatively.
therefore, the letter of the law said that if the board finds the nickname "improper: the penalty- is as if the candidate removed their name. I asked isnt that a little hypocritical- to claim the "spirit of the law" on one hand; then the letter of the law on the other, and they could have ruled otherwise, it they wanted. of course, i asked, calmly, but lound enough so they would understand me clearly_ m y mom says i tent to mumble.
I suppose they were expecting a schraderesque outburst, and that is how they reacted, for a moment. then i read them the indiana constitution.
So thats about the gist of things, as i play it back in my mind. I'm sure more wll pop up, and i will let you know. I will also post this on my web page- blog http://roach4commissioner.blogspot.com/
we shall/may hash this out some more, for sure.
want to further your career/status of CHAMPION OF THE UNDERDOG? the black sheep? the motley crue of misfits who vote democrat?
ps- i need to know more about who was talking about "political suicide" by associating with me- I 'm working a defamation angle against the sentinel; the journal; and a few select local sladerrers.
you- gina- i consider an ally. ( plausible deniability for you...) tee. hee..
11 hours agoGina Burgess- I don't agree with them removing you, but I.C. 3-5-7-7 does seem pretty clear on the subject. Still, I think you should go ahead and appeal, asking the Court to restore your name to the ballot on the premise that (legal marijuana) is a nickname unless they can prove otherwise. Nicknames are, afterall, pretty subjective. If they can't prove its not a nickname, then I.C. 3-5-7-7 doesn't apply.
Not sure I would be much help to you this time around....I don't have access to the resources I had access to with Schrader.
11 hours agoDavid Christopher Roach- thats ok- i 'm working some angles/ leads; i will deal you in- if you want. the free campaign Pr notoriety(?) tabloid news would be priceless...
11 hours agoDavid Christopher Roach- SPEAKING OF"exhibit A"
http://www.leg.state.nv.us/nrs/nrs-293.html
..iNDIANAS LAW? VS..
BIG ENOUGH TO DRIVE A STEAM LOCOMOTIVE THROUGH
NEVADA ELECTION LAW.
NRS 293.256 Names of candidates on ballots not to include title, designation of profession or occupation. In any election regulated by this chapter, the names of candidates as printed on the ballot shall not include any title, designation or other reference which will indicate the profession or occupation of such candidates.
(Added to NRS by 1969, 20; A 1995, 2624)
NRS 293.2565 Use of given names, surnames and nicknames on ballot; use of additional criteria to distinguish between candidates having same given names and surnames.
1. Except as otherwise provided in subsection 2, in any election regulated by this chapter, the name of a candidate printed on a ballot may be the given name and surname of the candidate or a contraction or familiar form of his or her given name followed by his or her surname. A nickname of not more than 10 letters may be incorporated into the name of a candidate. The nickname must be in quotation marks and appear immediately before the surname of the candidate. A nickname must not indicate any political, economic, social or religious view or affiliation and must not be the name of any person, living or dead, whose reputation is known on a statewide, nationwide or worldwide basis, or in any other manner deceive a voter regarding the person or principles for which he or she is voting.
2. In any election regulated by this chapter, if two or more candidates have the same given name and surname and:
(a) None of the candidates is an incumbent, the middle names or middle initials, if any, of the candidates must be included in the names of the candidates; or
(b) One of the candidates is an incumbent, the name of the incumbent must be listed first and the word “Incumbent” must appear next to the name of the candidate who is the incumbent.
(Added to NRS by 2003, 1714; A 2011, 2086)
http://www.leg.state.nv.us/nrs/nrs-293.html
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