AG Continues to Furnish Good PR for WV

http://westvirginia.watchdog.org/1833/attorney-general-darrell-mcgraw-named-fifth-worst-state-ag-by-competitive-enterprise-institute/

Nothing really new here...

Well, Jimmy, things could be worse. Connecticut is poised to elect the 3rd worst AG to represent them in the US Senate.

On the other hand, my beloved RI seems none too interested in elected #4 on the list to the Governor's office.

I wouldn't be the least bit surprised if our #5 doesn't throw his hat in the Governorship race in 2012. He certainly has the name and the backing of special interest including labor and trail lawyers.

If Darrell McGraw is rated anything near "worst" by the Competitive Enterprise Institute and the American Tort Reform Association, then he is proud to have such as their labeling.

Perhaps if someone with any credibility at all had said the above...

Yeah, I suppose the last thing we need in this country, or this state, is tort reform. We wouldn't want to make things too attractive for business. People might actually be able to obtain gainful employment, become self sufficient and no longer be dependent upon big government entitlement programs. I can't think of too many things worse.......for the political class.

I was for tort reform before I was involved in an accident last year. After that experience, I am greatly in favor of tort reform that should include making the insurance industry non-profit.

About the only thing I couldn't resolve is which is worse, the insurance industry or lawyers until I figured that the two are depend on each other and thus are equally repulsive.

I think you're right, Aaron: they game the system to enrich themselves.

...then he is proud to have such as their labeling.

You seem awfully comfortable speaking for him.

I am rather so, Jim. I have known Darrell McGraw for more than 20 years. As someone else said about him- he's crazy, but he's my kind of crazy.

I don't think too many care about whether he's crazy or not, only that he is breaking the law and ripping off West Virginia taxpayers.

Book 'im, Danno.

Guilty people go free every day, especially in WV. It's now who you know, it's who you own.

Or perhaps it's who else is owned by the one that owns you.

As for McGraw, his crimes have been proven time and again. The only ones who refuse to acknowledge it are apologist and partisan hacks.

ziggy wrote:If Darrell McGraw is rated anything near "worst" by the Competitive Enterprise Institute and the American Tort Reform Association, then he is proud to have such as their labeling.

I was thinking about this while I was out walking and other then the fact that we all know McGraw has acted unethical at times, the fact that an individual who holds a supposedly non-partisan position as a representative of the state wears the disapproval of any group as a badge or honor or as some sort of pride speaks volumes, not only about him but about anyone who agrees with such actions.

Or maybe it speaks even more about the political rating groups- special interest groups such as Competitive Enterprise Institute and the American Tort Reform Association- that publicize their ratings.

There is nothing "supposedly non-partisan" about being West Virginia Attorney General. Like all partisan elected state offices, it is a partisan job through and through.

Aren't you the one who preaches our constitutional rule of law and how we are to abide by that?

And isn't that what the AG is supposed to do, be the chief defender of all West Virginian's, businesses included?

That being the case, you can’t support of partisan AG’s office. Unless of course you also support partisan judges as that is a "partisan elected state office" as well.

Unless of course you’re a raving hypocrite and you only support following the constitution and non-partisan judges when it suits you and your agenda.

So which is it?

That being the case, you can’t support of partisan AG’s office.

Tell that to the state legislature. Chapter 3, Election law, demands that all state level offices be elected on partisan ballots. Only some few county (Soil Conservation Supervisors and School Boards) and town level offices are non-partisan. It's the law.

You'll have to cite the specific code and if you do, I'm quite sure the intent will be that each person must have a political affiliation of which Independent is a choice. But then you know that. This is just more of your flip flopping.

http://www.legis.state.wv.us/WVCODE/ChapterEntire.cfm?chap=03&art=5

§3-5-7. Filing announcements of candidacies; requirements; withdrawal of candidates when section applicable.
(a) Any person who is eligible and seeks to hold an office or political party position to be filled by election in any primary or general election held under the provisions of this chapter shall file a certificate of announcement declaring his or her candidacy for the nomination or election to the office.

(b) The certificate of announcement shall be filed as follows:

(1) Candidates for the House of Delegates or the State Senate and any other office or political position to be filled by the voters of more than one county shall file a certificate of announcement with the Secretary of State.

(2) Candidates for an office or political position to be filled by the voters of a single county or a subdivision of a county, except for candidates for the House of Delegates or State Senate, shall file a certificate of announcement with the clerk of the county commission.

(3) Candidates for an office to be filled by the voters of a municipality shall file a certificate of announcement with the recorder or city clerk.

(c) The certificate of announcement shall be filed with the proper officer not earlier than the second Monday in January next preceding the primary election day, and not later than the last Saturday in January next preceding the primary election day, and must be received before midnight, eastern standard time, of that day or, if mailed, shall be postmarked by the United States Postal Service before that hour.

(d) The certificate of announcement shall be on a form prescribed by the Secretary of State on which the candidate shall make a sworn statement before a notary public or other officer authorized to administer oaths, containing the following information:

(1) The date of the election in which the candidate seeks to appear on the ballot;

(2) The name of the office sought; the district, if any; and the division, if any;

(3) The legal name of the candidate and the exact name the candidate desires to appear on the ballot, subject to limitations prescribed in section thirteen, article five of this chapter;

(4) The county of residence and a statement that the candidate is a legally qualified voter of that county; and the magisterial district of residence for candidates elected from magisterial districts or under magisterial district limitations;

(5) The specific address designating the location at which the candidate resides at the time of filing, including number and street or rural route and box number and city, state and zip code;

(6) For partisan elections, the name of the candidate's political party and a statement that the candidate: (A) Is a member of and affiliated with that political party as evidenced by the candidate's current registration as a voter affiliated with that party; and (B) has not been registered as a voter affiliated with any other political party for a period of sixty days before the date of filing the announcement;

(7) For candidates for delegate to national convention, the name of the presidential candidate to be listed on the ballot as the preference of the candidate on the first convention ballot; or a statement that the candidate prefers to remain "uncommitted";

( A statement that the person filing the certificate of announcement is a candidate for the office in good faith;

(9) The words "subscribed and sworn to before me this ______ day of _____________, 20____" and a space for the signature of the officer giving the oath.

(e) The Secretary of State or the board of ballot commissioners, as the case may be, may refuse to certify the candidacy or may remove the certification of the candidacy upon receipt of a certified copy of the voter's registration record of the candidate showing that the candidate was registered as a voter in a party other than the one named in the certificate of announcement during the sixty days immediately preceding the filing of the certificate: Provided, That unless a signed formal complaint of violation of this section and the certified copy of the voter's registration record of the candidate are filed with the officer receiving that candidate's certificate of announcement no later than ten days following the close of the filing period, the candidate may not be refused certification for this reason.

(f) The certificate of announcement shall be subscribed and sworn to by the candidate before some officer qualified to administer oaths, who shall certify the same. Any person who knowingly provides false information on the certificate is guilty of false swearing and shall be punished in accordance with section three, article nine of this chapter.

(g) Any candidate for delegate to a national convention may change his or her statement of presidential preference by notifying the Secretary of State by letter received by the Secretary of State no later than the third Tuesday following the close of candidate filing. When the rules of the political party allow each presidential candidate to approve or reject candidates for delegate to convention who may appear on the ballot as committed to that presidential candidate, the presidential candidate or the candidate's committee on his or her behalf may file a list of approved or rejected candidates for delegate and the Secretary of State shall list as "uncommitted" any candidate for delegate who is disapproved by the presidential candidate.

(h) A person may not be a candidate for more than one office or office division at any election: Provided, That a candidate for an office may also be a candidate for President of the United States, for membership on political party executive committees or for delegate to a political party national convention.

(i) A candidate who files a certificate of announcement for more than one office or division and does not withdraw, as provided by section eleven, article five of this chapter, from all but one office prior to the close of the filing period may not be certified by the Secretary of State or placed on the ballot for any office by the board of ballot commissioners.

(j) The provisions of this section enacted during the regular session of the Legislature in the year 1991 shall apply to the primary election held in the year 1992 and every primary election held thereafter. The provisions of this section enacted during the regular session of the Legislature in the year 2009 shall apply to the primary election held in the year 2010 and every primary election held thereafter.

(bold emphasis added- Ziggy)

Aaron wrote:You'll have to cite the specific code and if you do, I'm quite sure the intent will be that each person must have a political affiliation of which Independent is a choice.

If that were the case, then no elected office is a partisan office.

Just as I said, it refers to political affiliation and in no way intends for the postion of AG to be a partisan office. Only a nimrod would think otherwise.

For Non-Partisan offices, the law would read something like this:

(a) An election for the purpose of electing members of the county board of education shall be held on the same date as the primary elections, as provided by law, but upon a nonpartisan ballot printed for the purpose. (bold emphasis added- Ziggy)

http://www.legis.state.wv.us/WVCODE/03/code/WVC%20%203%20%20-%20%205%20%20-%20%20%206%20%20.htm

Aaron wrote:Just as I said, it refers to political affiliation and in no way intends for the postion of AG to be a partisan office.

By that logic, then the office of governor, member of the legislature, U.S. Congress, etc. is a non-partisan office.

Once again, aren't you the one preaching we are a nation of laws guided by the constitution?

And once again, I have shown you what the law says- that elected state officers- including the Attorney General- are partisan offices.

And the same state code says that election officials (poll workers) are partisans, as well. Like it or not, this is a state of partisanism at all levels of state government. The legislature could change that- but it won't, because, surprise-surprise, the legislature is partisan through and through, too. They got there via the partisan system. And guess what, they like it and they ain't about to change it.

As I explained to you, the law referst to political affiliation. What about that do you not understand?