-Caveat Lector-

October 5, 2004 Edition
Election Spoiler May Turn Out to Be a Libertarian

BY JOSH GERSTEIN - Staff Reporter of the Sun
October 5, 2004
URL: http://www.nysun.com/article/2672

Just as in 2000, a third-party candidate could tip the balance in this
year's presidential contest. This time, however, the spoiler may not
be Ralph Nader, but a man whose name most voters have never heard.

The presidential nominee of the Libertarian Party, Michael Badnarik,
is on the ballot in 48 states. Mr. Nader, by contrast, is certain to
be on the ballot in only 35 states, though he may pick up a few more
by Election Day.

Democratic activists, many still fuming over Mr. Nader's perceived
role in Vice President Gore's loss to President Bush four years ago,
have brought court challenges to keep Mr. Nader off the ballot in
places across the country.

By contrast, Republicans have said and done little about Mr. Badnarik,
a 50-year-old computer programmer from Texas. Yet political
strategists say he and the little-known Libertarians could affect the
outcome in several battleground states crucial to Mr. Bush's
re-election.

"The Libertarians are drawing somewhere between 1% and 3% - not big
numbers, but in these very close races like the presidential contest,
they could well be the margin of difference," a political science
professor at the University of Minnesota, Lawrence Jacobs, said. "They
pose a genuine threat to be the kingmaker in several swing states."

Most national polls don't ask about Mr. Badnarik, but some state
surveys do. Polls done by Rasmussen Reports for Mr. Badnarik's
campaign showed him with 5% of the vote in New Mexico in August and
with 3% support in Nevada last month.

Newspaper polls haven't shown him doing quite as well. They often peg
his support at roughly 1%, but even that number could prove decisive.
In 2000, Mr. Gore carried New Mexico by 366 votes, or 0.06%.

Mr. Jacobs, who has studied third-party campaigns, said Mr. Bush's
policies appear to have driven some conservative Republicans into the
Libertarian camp.

"They see the president as a federalizer. You've got the debt. You've
got 'No Child Left Behind.' You've got the new Medicare entitlement.
You've got the Patriot Act. And you've got the war," the professor
said. "It's a very different approach to government than a small
government Barry Goldwater."

Mr. Jacobs said he conducted a survey in June and July in Minnesota,
Wisconsin, and Iowa to examine support for third-party candidates. It
showed that the vast majority of Badnarik voters described themselves
as either Republicans or independents.

Mr. Jacobs also said that Libertarian candidates in 2002 appeared to
have tipped statewide races against the Republicans in Oregon and
South Dakota.

The danger for the GOP, the professor said, is especially great this
year in states where Mr. Nader is not on the ballot.

"It creates a drain on Republican voters that the Democrats aren't
experiencing," Mr. Jacobs said.

The Bush-Cheney campaign did not respond to a call seeking comment for
this story.

The communications director for the Badnarik campaign, Stephen Gordon,
said he believes his candidate is drawing votes from both Mr. Bush and
the Democratic nominee, Senator Kerry of Massachusetts.

Mr. Badnarik has run a modest number of television ads in Nevada and
in New Mexico. Mr. Gordon said the antiwar ads appear to resonate with
some voters, while the message about government overspending hits home
with others.

"They negate each other if we run them in the same area," Mr. Gordon
said. "We may pick up 10 Bush supporters and lose 10 Kerry supporters.

"In a younger community, a college town, they are a lot more likely to
be concerned about the war," he continued. "In an older, established,
suburban community, they're not as interested in that."

This year, none of the third-party candidates has come even close to
the threshold of 15% that the self-styled Commission on Presidential
Debates has set for inclusion in the presidential and
vice-presidential debates. While Mr. Nader has done little but gripe
about the snub this year, the Libertarians have gone to court.

Last Friday, the Arizona Libertarian Party filed suit against Arizona
State University, which is the host of the final Bush-Kerry debate,
scheduled for October 13. The group is arguing that the school's
sponsorship of the debate amounts to an illegal use of state resources
to advance the two major political parties.

The university has replied that the costs of the event are being borne
by private donors.

An ABC News/Washington Post poll released last night showed Mr. Bush
maintaining a small lead nationally following last week's debate. Mr.
Bush had support in the poll from 51% of those deemed likely to vote,
while Mr. Kerry had 46% and Mr. Nader had 1%.

A CBS News/New York Times poll, which was also released yesterday, had
Mr. Bush and Mr. Kerry tied at 47%, while Mr. Nader had 1%.

In those surveys, voters were not asked about Mr. Badnarik or other
presidential candidates. That irks the Badnarik campaign. "Nader was
included even though in a lot of key states he's not even on the
ballot," Mr. Gordon said.

Mr. Badnarik will be on the ballot in New York, although the
Libertarian Party does not have a regular line on the ballot. A
spokesman for the state elections board, Lee Daghlian, said Badnarik
supporters delivered more than 15,000 valid voter signatures by an
Aug. 17 deadline to place their man's name on the ballot.

A professor of political science at SUNY Cortland, Robert Spitzer,
said third parties have made a difference in a number of statewide
races in New York, but usually by giving their ballot line to a
major-party candidate.

"There's certainly been cases in recent years where third parties in
New York have had a pretty big effect on outcome," Mr. Spitzer said.
He pointed to the 1994 gubernatorial contest, in which Governor Pataki
won with votes from the Conservative and Tax Cut Now ballot lines.

Mr. Spitzer said he sees the earnest, small-government message of the
Libertarians as limiting their appeal.

"They're hampered by their consistency," Mr. Spitzer said. "It's a
point of view that most Americans simply don't agree with. Even
conservative Republicans that want to constrain the modern welfare
state are not running to do away with it."

Other observers say, however, that the Libertarians have new energy this
year.

"So many people who lean Libertarian have been arguing for years that
the only effective thing to do is to work in the Republican Party,"
the editor of Ballot Access News, Richard Winger, said. "All those
people ... have been rebuffed by what Bush does in terms of deficit
spending and starting the war."

Mr. Winger said the anti-war message has been adding momentum to Mr.
Badnarik's campaign. "He's certainly more opposed to U.S. involvement
in Iraq than Kerry," Mr. Winger said.

Several campaign strategists said the Libertarians seem to win more
support in certain states in the Southwest and Midwest. They appear to
do less well in urban centers.

"There is more of this natural 'Keep government off our backs'
mentality out West," a New Mexico-based political analyst, Joseph
Monahan, said.

Mr. Badnarik was nominated by the Libertarian Party in May at its
convention in Atlanta. In 2000 and 2002,he ran unsuccessfully for a
seat in the House of Representatives. He is a technology specialist,
who has worked at nuclear power plants and on the once-secret Stealth
bomber program.

While predicting a relatively strong showing for Mr. Badnarik, Mr.
Jacobs, the professor at the University of Minnesota, cautioned that
some voters ultimately shy away at the last minute from third-party
candidates. "No question about it," he said. "You get kind of cold
feet going to the ballot box."

When The New York Sun conducted an unscientific survey of anti-war
protesters during a major demonstration in the city in August, most
participants said they planned to vote for Mr. Kerry. Several,
however, spontaneously stated their support for Mr. Badnarik. They
also complained that the survey mentioned only Mr. Bush, Mr. Kerry,
and Mr. Nader.

Mr. Badnarik has also made a concerted appeal for the votes of Muslims
and of other Arab-Americans. Last week he attended the national
convention of the American Muslim Alliance in Orlando. Mr. Badnarik
accepted an award from the group and endorsed its complaints about
government-backed discrimination against those of the Islamic faith.

"Muslims have borne the brunt of draconian government actions since
9/11," Mr. Badnarik told the group, according to a release from his
campaign. "A plurality of American Muslims supported George Bush in
2000. Now they're looking outside the major-party club for candidates
who support their rights."

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