Despite an announcement on the presidential campaign website for Dennis Kucinich stating that an affidavit for withdrawal had been filed with the Michigan Secretary of State's office shortly before deadline yesterday, officials in Michigan indicated that, at this time, the Ohio Congressman will remain on the Democratic primary ballot.
"Michigan law clearly outlines the procedure to be followed if a candidate wishes not to appear on the ballot," explained Ken Silfven, a spokesman for the office. "An affidavit has to be signed by the candidate and notarized. The first affidavit received by our office was signed by the Kucinich campaign manager. While the second affidavit received in our office did contain the candidate's signature, it was not notarized."
Silfven said the first affidavit was time-stamped by his office at 3:02 p.m. -- roughly an hour prior to the filing deadline.
"At that point our office contacted the campaign and explained the procedure and why the document was not acceptable," he said.
The second affidavit was time-stamped at 3:38 p.m.
Silfven added that Kucinich will appear on the state's Democratic primary ballot. The only way the candidate could be removed is through litigation, he said.
Attempts to contact the campaign both yesterday and this morning have been unsuccessful.
Four of the Democratic presidential hopefuls -- Delaware Sen. Joe Biden, New Mexico Gov. Bill Richardson, Illinois Sen. Barack Obama and former North Carolina Sen. John Edwards -- have successfully filed affidavits with the Michigan Secretary of State. They will not appear on the state's primary ballot.
New York Sen. Hillary Rodham Clinton, Connecticut Sen. Chris Dodd and former Alaska Sen. Mike Gravel took no action to have their names removed.
The controversy stems from Michigan's refusal to follow the nomination calendar set over a year ago by the Democratic National Committee. That calendar allowed four states -- Iowa, Nevada, New Hampshire and South Carolina -- to operate outside a set window of primary and caucus activity. All other states were placed behind a start date of Feb. 5, 2008 -- a date now claimed by more than 20 states for their contests.
The Michigan legislature decided the state would move beyond the Feb. 5 start date and hold its contest on Jan. 15, 2008. Florida has also moved outside of the calendar window and was subsequently sanctioned by the DNC's rules committee for doing so. That committee has yet to meet on the topic of Michigan's move, but many expect the same sort of disciplinary actions -- a refusal to seat delegates at the National Convention -- to be taken against the Wolverine State.
All of the Democratic presidential hopefuls except for Mike Gravel signed a pledge with the four early states indicating that they would not campaign, advertise or otherwise participate in contests that violated the DNC rules. While the pledges were more of a gentleman's handshake than a binding contract, many are crying foul on Clinton and Dodd for remaining in the Michigan contest.
Text of Pledge Letter
WHEREAS, over a year ago, the Democratic National Committee established a 2008 nominating calendar;
WHEREAS, this calendar honors the racial, ethnic, economic and geographic diversity of our party and our country;
WHEREAS, the DNC also honored the traditional role of retail politics early in the nominating process, to ensure that money alone will not determine our presidential nominee;
WHEREAS, it is the desire of Presidential campaigns, the DNC, the states and the American people to bring finality, predictability and common sense to the nominating calendar.
THEREFORE, I [Candidate's Name], Democratic Candidate for President, pledge I shall not campaign or participate in any state which schedules a presidential election primary or caucus before Feb. 5, 2008, except for the states of Iowa, Nevada, New Hampshire and South Carolina, as "campaigning" is defined by the rules and regulations of the DNC. It does not include activities specifically related to raising campaign resources such as fundraising events or the hiring of fundraising staff.
Democratic leaders in Michigan have stated that they will continue to plan their primary contest for Jan. 15, regardless of who is on the ballot. It is unclear how the latest turn of events might influence the flow of other early contests, including the Iowa caucuses.
Republican presidential hopefuls have signed no pledge to the early states and held a debate yesterday in Dearborn, Mich. Speculation is that some Democrats in Michigan -- especially Democratic-leaning independents -- might by-pass the beauty contest and instead cast votes in the state's Republican primary.
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