Federal judge: Libertarian can be excluded from governor's debate

By The Associated Press

10.11.02

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MONTGOMERY, Ala. — The Libertarian candidate for governor can be excluded from the Oct. 20 debate between Democratic Gov. Don Siegelman and Republican challenger U.S. Rep. Bob Riley, a federal judge has ruled.

U.S. District Judge Myron Thompson refused to grant an injunction Oct. 7 that would have blocked the debate on Alabama Public Television if Libertarian candidate John Sophocleus was not allowed to participate. The judge, citing other federal court cases on debates, said the guidelines for participation in the Alabama debate were constitutional.

Sophocleus, Riley and Siegelman face off in the Nov. 5 general election for governor.

Officials with APT, Alabama Public Radio and several newspapers sponsoring the debate have said a third party or independent candidate would be included in the debate if he or she were receiving 5% of the support in statewide polls. Sophocleus has been the choice of about 2% of respondents or less in recent polls.

"This is a huge disservice to the people of Alabama," Sophocleus said. "I am caught in a Catch 22. APT is telling me that I have to poll at 5 percent before I can be in the debate, but they refuse to let me be a part of the debate to get my name out."

In a 19-page opinion, Thompson wrote that the decision to set the 5% standard was legal.

Sophocleus contended his exclusion would violate the guarantee of free speech in the First Amendment to the U.S. Constitution. He said APT is a publicly funded agency and should include all candidates from recognized political parties.

The Libertarian Party is considered a major party under state law because in the 2000 elections, a Libertarian candidate for the Alabama Supreme Court, Sidney Albert Smith, got 20.16% of the vote.

"Frankly, what they've done is discriminate against one of the major parties," Sophocleus said. "By Alabama law, we're a major party that is not being heard."

Spokesmen for the other two candidates said Sophocleus' participation is not up to them.

"The decision was made by the debate sponsors," said David Azbell, Riley's spokesman. "We will abide by whatever the debate partnership decides."

"The governor thinks it's fair he be allowed to participate," said Rip Andrews, Siegelman's campaign spokesman. "But ultimately, the debate partnership sets the rules."

In his ruling, Thompson cited two similar cases, one filed by a Libertarian candidate in Georgia and the other by an independent candidate in Arkansas, both seeking to be included in debates. Both candidates lost their cases on appeal in federal courts.

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