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  • 8/3/2019 Manship vs Virginia Voting Rights3

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    IN THE SUPREME COURT OF VIRGINIA

    J. R. STATES MANSHIP )VIRGINIA VOTER & AUTHORIZED ADVOCATE )

    Plaintiff, Pro Se, In Forma Pauperis ))

    v. ))

    TIMOTHY KAINE )GOVERNOR OF THE )

    COMMONWEALTH OF VIRGINIA )Defendant )

    PETITION FOR WRIT OF MANDAMUS

    1. A Baptist pastor from Atlanta changed America, and the world, with his

    work for the Constitutional Protection of Equal Rights Under the Law, even

    though he was a Legal Stranger to the Courts by virtue of his being wise

    in his knowledge of Gods Laws, yet barred from defending the oppressed

    using Mans laws by the self-serving lawyers union, the Bar, that works for

    a restraint of trade for the financial benefit of its members instead of truly

    advancing the cause of Justice. Most Americans might perceive the man

    described is Baptist pastor Reverend Martin Luther King, Jr. A critical

    aspect of civil rights is Voting Rights, Rights that include equal access

    to the voters, not restricted or manipulated by a Two-Party Tyranny,

    especially when the Democrat Party Governor panders for vast votes from

    minority voters and then approves the execution of a mentally retarded

    black man contrary to U.S. supreme Court guidance inAtkins v. Virginia.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA 1

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    2. Reverend Kings world-changing Letter from a Birmingham Jail, had

    portions quoted in Winchester Circuit Court legal papers in the Year of Our

    Lord Jesus 2008 by wrongfully imprisoned by the State inmate Dan

    Shadwell, the Baptist pastor King wrote, in part (in italics):

    We know through painful experience thatfreedom is never voluntarilygiven by the oppressor, it must be demanded by the oppressed,

    Sometimes a law is just on its face and unjust in its applicationWe should never forget that everything Adolf Hitler did in

    Germany was legaland everything the Hungarian freedom fighters did inHungary was illegal (bold added for emphasis)

    A responsible voting Citizen may inquire if Judge Wetsel of Winchester

    read Pastor Kings letter from jail when he compared Washington to Adolf

    Hitler? Wetsels outrageous bias is according to a Court Transcript of 3

    April anno domini1995, obtained by faithful father Franklin Washington

    after first reading a newspaper article by Northern Virginia Daily reporter

    Darcy Spencer. Voters of Virginia may ask if white moderate Democrat

    Governor Timothy Kaine ever read (as compared with a white liberal

    Democrat or contrasted with a white conservative Republican like former

    Governor George Allen or Governor James Gilmore):

    the white moderate, who is more devoted to order than to

    justice,who prefers a negative peace which is the absence of tension to a positivepeace which is the presence of justice, who constantly says, I agree withyou in the goal you seek, but I cannot agree with your methods of direct action;who paternalistically believes he can set the timetable for anothermans freedom: who lives by a mythical concept of time

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA 2

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    3. Plaintiff Manship is a Journalist for Justice and Journalist for Jesus, a

    man who as Midshipman Manship swore an Oath ...to protect and defend

    this Constitution for the United States of Americaagainst all enemies,

    foreign and domestic, who foreswears swordsmanship for penmanship

    to advocate Justice by the Judiciary and Statesmanship in the Executive,

    who at the Judicial Reform Commission hearing at the Fairfax Taj Mahal

    Government Center on 28 May anno domini2003 quoted to Court of

    Appeals of Virginia Chief Judge Joanna Fitzpatrick, Chief Judge Michael

    McWeeny of Fairfax Circuit Court, and Chief Judge William Newman of

    Arlington Circuit Court some most applicable words for a motto or slogan

    for their purported Judicial Reform efforts, from Gods Word in Amos 5:15:

    Hate evil and love the good. Remodel your courts into true halls of Justice.

    In over six years, there is little or no evidence of remodeled courts in

    Virginia that advance the Cause of Equal Justice for All. Both political

    parties are complicit, for neither have even initiated Bills of Impeachment in

    the House of Delegates against Judges of the ilk of Nazi comparing John

    Wetsel, yet for well nigh eight years, the Governorship has been held by

    first moderate Democrat Mark Warner, and now by moderate Democrat

    Timothy Kaine, who could cajole some Democrat Delegate to introduce the

    requisite Bill of Impeachment for trial in the Democrat controlled Senate.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA 3

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    4. Plaintiff Manship as a Virginia Voter and spokesman for many

    oppressed Citizens of Virginia exercised the Right to testify at the Courts of

    Justice hearings of both the Senate and House on 4 February a.d. 2009,

    when Judge Wetsel was one of six judges who were Candidates for being

    elected by the General Assembly to serve on the Court of Appeals of

    Virginia, so as a former Navy man went to torpedo the Candidacy of

    Judge Wetsel because of his outrageous Adolf Hitler comparison in Court.

    Due to the predominance of Bar members on both Courts of Justice

    Committees, in public, the Lawyer-Legislators of both parties did NOT there

    and then vote against Judge Wetsel, for fear of retribution of other judges

    who are buddies of Wetsel, in front of whom they as lawyers are likely to

    practice. However, one of several close friends of the Plaintiff who are

    members of the General Assembly told the Plaintiff, that in Caucus, that is

    to say In Secret, Judge Wetsel was sunk, not a single word was spoken in

    his favor. So Citizen Action did have its positive result, exclusive of party.

    Another judge, Joanne Alper of Arlington, who had a temper tantrum on

    the bench in a.d. 2007 when she called the Plaintiff a liar about receiving a

    letter from the Clerk of the Court, was also torpedoed by two testimonies.

    Despite the failure of the resource-wasting JIRC, an un-Constitutional

    concept in its inception, some measure of Justice upon Judges was seen.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA 4

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    5. For two weeks following that Voter Victory on 4 February a.d. 2009 of

    promoting true Justice in Virginia by protecting Citizens from unruly and

    unreasonable judges, investigative journalist and Plaintiff Manship shared

    with Democrat elected servants of the General Assembly, both House and

    Senate, begging one or several to weigh in with the leader of their

    Democrat Party, Governor Tim Kaine, to agree to an audience or meeting,

    BEFORE 19 February when Eddie Bell was scheduled for execution, with

    the Plaintiff so Manship could beg the Governor as an elected servant to

    exercise his Clemency Power to Stay the Execution of Eddie Bell, a

    mentally handicapped black man falsely accused of shooting and killing

    Winchester Policeman Ricky Timbrook on 10/29/99. Investigative

    Journalist Manship provided Winchester Police Notes dated 02/17/99

    where a trusted informant reported that the Democrat Commonwealth

    Attorney Paul Thomson, was skimming money from drug dealers. That is

    one of many glaring examples of Prosecutorial Misconduct. Plaintiff also

    provided an aide to Governor Kaine a Central Forensic Lab Certificate of

    Analysis that showed Bell case Police Investigator David Sobonya involved

    in Forensic Misconduct. Democrat Thomson has family connections to the

    Virginia Democrat Dynasty of the Senators Harry Byrd, Sr. and Jr., a party

    dynasty that certainly assisted to some degree in the election of Kaine.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA 5

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    6. The Byrd Machine in Virginia Democrat politics is as famous, or

    infamous, with its Courthouse Cliques per Wikipedia, as the Mayor Daley

    Democrat political machine in Chicago with its fabled and foibled Ward

    Bosses. In America today, we witness a convergence calling for caution by

    caring Citizens, a Chicago-land ACORN community organizer Democrat

    Party politician as president, with a Virginia Democrat as chairman of the

    national Democrat Party, this in an apparent violation of the Virginia

    Constitution where a Governor is not properly to act in any other elective

    office, yet a Party chairman is elected, so Governor Kaine is wantonly

    violating the Virginia Constitution which he swore an Oath to uphold. Yet

    that violation is small potatoes (note the spelling Vice President Quayle)

    when a concerned citizen may ask why Governor Kaine would ignore the

    well documented plea and appeal to heaven through its supposedly top

    civil authority in Virginia to stay an execution AT LEAST UNTIL an other

    than PARTISAN PANEL of JURY ELIGIBLE CITIZENS (NO lawyers,

    judges, or policemen per the Virginia Code) carefully reviewed the

    evidence of Prosecutorial Misconduct by Democrat prosecutor Paul

    Thomson and Police Forensic Misconduct by David Sobonya in the trial of

    the mentally retarded black man, Eddie Bell. Like in the Bible, Cain killed

    Abel, so did Kaine kill a Bell to cover the corruption of Democrat Thomson?

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA 6

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    7. Democrat Governor Kaine claimed to be a Catholic Missionary early in

    his life, and true believer Catholics are well known to be Pro-Life, both for

    the innocents in the womb known as the unborn, or babies, and also

    speaking out against the Death Penalty. Yet Governor Kaine has been for

    the execution of babies in the womb if the mother as judge, jury and

    executioner says so, more absolute power than even a Justice of a

    supreme Court is allowed to wield, with absolutely no consideration for the

    partner in the conception of that baby in the womb, the father of the child,

    who is denied any Rights in his part of that Creation, that Gift of God. What

    an outrageous example of the Violation of Equal Justice for All! Neither the

    unborn child in the womb, nor the father, are allowed to exercise their

    Rights, the Convenience Right of a pregnant woman trumps all others.

    Now we see coward Kaine add the killing of a mentally retarded father due

    to the Convenience Right of a Democrat dynasty drug money skimming

    corrupt politician not wanting the inconvenience of answering to a Jury of

    his peers in a fair and balanced Due Process trial in a Circuit Court of

    Virginia for his gross Prosecutorial Misconduct in the sham trial and too

    clever conviction of Bell. Note too, that the Catholic Bible has an extra

    chapter of Daniel 13, where two judges are put to death for Bearing False

    Witness, revealed by Daniel, in accusing Susannah of committing adultery.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA 7

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    8. Democrat Thomson was widely reported as committing adultery, with a

    Court Reporter, who there is evidence she then altered Court Transcripts in

    the case that both Democrat Thomson and the Winchester Police Chief

    wrote letters in July a.d. 1999 describing as a mess, the Washington

    case. That case is currently winding its way through the barriers to Justice

    erected by Bar members, lawyers and judges, including the designation by

    Chief Justice Hassell of the coached witnesses Snyder v. City of Alexandria

    Commonwealth Attorney, now a retired judge, to preside over the case.

    For either later being jilted by Democrat Thomson, or having excruciating

    pains of Conscience about her participation in Thomsons corrupt actions,

    the Court Reporter attempted suicide by overdose of pain killers. That

    precipitous event caused the trusted informant, very possibly the honest

    policeman Ricky Timbrook, to come forth on 02/17/99 to reveal the drug

    money corruption of Democrat prosecutor Thomson. Just over eight

    months later, honest cop Timbrook was shot, and the mentally retarded

    Bell was framed by Democrat Thomson and Company with the crime

    despite a FLIR (Forward Looking Infra-Red Radar) equipped helicopter

    painting a suspect who was NEVER APPREHENDED lying under a truck

    in the same alley where Timbrook was shot, with Bell two houses away,

    where frightened after hearing the gun shot, he broke into a basement.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA 8

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    9. Reportedly some seventy police responded to the Officer Down radio

    call after Timbrook was shot, and the neighborhood was scoured for

    evidence, so the news reports relate. However, not revealed at trial was

    that the residents of the house where the frightened mentally retarded

    Eddie Bell broke into the basement heard the break-in, immediately called

    the police and were evacuated from the residence. Yet the Police left Bell

    in the basement until the next morning. Was Bell some sort of Legal

    Stranger so the Police had no standing to arrest him? Also bizarre, was

    that the Police search was called off for a few hours and the crime scene

    was unsecured. Then the crime scene was secured again, and the

    search resumed. Lo and behold, golly gee-will-akers, the Police now found

    a gun at the steps to the house where Bell was hiding in the basement,

    AND drug packets near the basement window where Bell broke in to the

    house. According to legitimate tests, Bell was mentally retarded, but was

    NOT THAT STUPID, to put or plant incriminating evidence in such a way.

    Oh, by the way, the gun found happened to have DNA of Bell on it, but also

    had two other persons DNA. Further, Defense Counsel and certainly not

    Democrat Thomson, never established or refuted that this planted, or

    discovered, gun may have been one confiscated from Bell on an earlier

    weapons possession charge. Bell was no angel, nor Timbrooks killer.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA 9

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    10. So what does all this sordid story related above about corruption of a

    Democrat prosecutor with family ties to the Democrat Dynasty, followed by

    corrupt cover-up by a Democrat Governor have to do with Voting Rights in

    Virginia? Well the Senior Assistant Attorney General, whose Political Party

    affiliation is not known, yet who is known to serve under the Republican

    Attorney General, is now facing charges for Prosecutorial Misconduct

    before the Virginia State Bar, since a.d. 1938, an agency of the Virginia

    supreme Court. The Plaintiff did personally write to the former Republican

    Attorney General calling on him to ask the Democrat Governor to stay the

    execution, yet never received the

    courtesy - or duty - of a reply on the

    Bell issue, whereas the Plaintiff did

    receive courteous replies on other

    Justice in Virginia issues. Apparently

    that is the dimes worth of difference

    between a Republican elected servant

    and a Democrat one, sometimes a

    Citizen will receive a courteous reply,

    yet NONE of the two primary partys

    candidates replied to this letter ---->.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA10

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    11. Tweedledum, Tweedledee

    politics are displayed by such

    dereliction of duty by both dum-o-

    cans and republi-crats as

    revealed in the list of candidates

    of the two primary parties on the

    letter of 3 April a.d. 2009. Not one

    had the courage to stand up for

    Equal Justice for All, including

    Justice for falsely accused and

    convicted young black men by

    Democrat Thomson and his

    henchmen like Sobonya. Therefore, it

    follows that a Virginia Voter Revolution is

    essential if the Founders Vision of

    Liberty and Justice for All is to be

    restored in Virginia. Yet the Two Party

    Tyranny that is part and parcel of the

    laws passed by lawyer-legislators of both

    parties is a barrier to a true elective representative Republic in Virginia.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA11

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    TWO-PARTY TYRANNY BIAS IN VIRGINIA ELECTION LAWS

    12. Virginias favorite son and the

    father of His country, George

    Washington of Mount Vernon warned

    of the baneful effects of party. The

    baneful, or bad, effects may be much

    different that what we today may

    imagine. Independent minded, Liberty

    loving Statesman servants are barred

    or submerged in the current system by

    go-along, get-along, scratch-your-back, scratch-my-back politicians. The

    difference between a Politician and a Statesman, is like master politician

    Democrat Bill Clinton, or his progeny in Virginia, Warner, Webb, Kaine

    and McAuliffe, or Republican Nixon in his Watergate tragedy, a politician

    will say or do anything to win the next election, whereas a Statesman will

    work in GW - Gods Will - for the next generation. America needs more

    Statesmen, yet the current system of Two-Party Tyranny in Virginia works

    against Voters being allowed to elect a Statesman. The Plaintiff as a

    former Navy Special Duty, Cryptology officer may be able to decode parts

    of the Code of Virginia that reveal the hidden hand of Two-Party Tyranny.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA12

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    13. In the Year of Our Lord Jesus 1998, a third party candidate won the

    race for Governor - in Minnesota. Jesse Ventura was the man who won

    while spending about $600,000 in his campaign, while the son of former

    Vice President Hubert Humphrey; and then Mayor of Saint Paul, and later

    United States Senator Norm Coleman, together spent around $13 million.

    The fact that money did not buy the election was part of that Revolution.

    While Minnesota has a population of 5,220,393 and eight United States

    Representatives, and Virginia has a population of 7,769,089 with eleven

    Representatives, Minnesota requires only 2000 Voters to sign a petition for

    a man like Ventura to run for Governor, while Virginia requires 10,000. Yet

    not if nominated by one of two established political parties in a convention

    process closed to the rank and file voters and grassroots workers of the

    party, as was done this year in the Republican Party of Virginia where the

    qualification process was closed on 1 December of the previous year; per

    Virginia Code 24.2-508. Powers of political parties in general, 24.2-535.

    Vote required to nominate; both reveal bias. 24.2-505. Declaration of

    candidacy required of independent candidatesbetrays a glaring bias:

    A. Any person, other than a candidate for a party nomination or a party nominee,

    who intends to be a candidate for any office...

    B. Any person, other than a candidate for a party nomination or party nominee, who

    intends to be a candidate for election

    C. Any person, other than a candidate for a party nomination or party nominee, who

    intends to be a candidate at any election for any other office...

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA13

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    14. The obvious bias in favor of a Party nominee is clear violation of Equal

    Justice under the Law, for All. It is the same in Voting Rights as Separate

    But Equal facilities were in Civil Rights of the Jim Crow racial segregation

    and Massive Resistance heyday of Virginias Democrat Dynasty years.

    The Plaintiff was mentored as a boy by Atlanta Constitution publisher Ralph

    McGill, who fifty years ago in a.d. 1959, earned the Pulitzer Prize for his

    editorials against Segregation. He also earned the wrath of many

    Democrat voters of Georgia and possibly too, some of the very few

    Republicans who existed in that state in those times, who did drive-by

    shootings, suffered the cold shoulder in his church fellowship hall, and

    had burned Crosses in his yard on Piedmont Boulevard not far from the

    current trendy area of Buckhead, a place where the Plaintiff was welcomed

    and allowed to borrow some of Tennessee Republican turned Georgia

    Democrat McGills many books on the tax related and economic causes of

    the War Between The States, an early lesson in the motivations for most

    wars - money and taxes - far more than Principles of Life and Liberty. Yet

    Patrick Henry made immortal the words, Give me Libertyor Give me Death,

    and George Washington, who flew the Liberty Tree Navy flag, said,

    A primary object should be the education of our youth in the science ofgovernment In a republic, ...what duty more pressing than communicating itto those who are to be the future guardians of the liberties of the country?

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA14

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    15. Liberty or Death, to be or not to be, each is the question. Under the

    Next Friend law that like the Good Samaritan law enables or encourages

    the Common Sense, Common Man, to not wait for hired hands such as a

    lawyer, a policeman, or a child or adult protective service worker, for the

    average citizen to act immediately to aid or protect a minor from harm by

    taking action in the Courts of Law, that sometimes advance Justice, too.

    Yet the all too pervasive modern mentality of government of the lawyers, by

    the lawyers, and for the lawyers has rendered a non-lawyer Citizen a

    Legal Stranger in the Courts that were created to serve him and his

    neighbors. As a Common Citizen, yet a man who while in the Navy got

    Orders to serve as a Boy Scout Camp Counselor for mentally retarded

    Scouts, Plaintiff Manship tried hard for weeks to save the life of a mentally

    retarded, and likely innocent, black man Eddie Bell, but the corruption of

    the Democrat Governor and Democrat prosecutor of Bell, as two parts of

    the Criminal Justice system, executed Bell anyway on 19 February. On 17

    February a.d. 1688, the Reverend James Renwick for whom the Plaintiff is

    named, was executed by the State. His last words were: The loss of man

    is not the loss of cause. So it be so here and now. The cause? The cause

    is Equal Justice for All in Virginia, a principle of Liberty trampled by the go-

    along, get-along Tweedledum, Tweedledee Two-Party Tyranny in Virginia.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA15

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    16. In HARPER V. VIRGINIA BD. OF ELECTIONS, 383 U. S. 663 (1966),

    at 667 is written by Justice Douglas:

    Long ago, in Yick Wo v. Hopkins,118 U. S. 356, 118 U. S. 370, the Court referred

    to "the political franchise of voting" as a "fundamental political right, becausepreservative of all rights." Recently, in Reynolds v. Sims,377 U. S. 533, 377 U.S. 561-562, we said, "Undoubtedly, the right of suffrage is a fundamentalmatter in a free and democratic society. Especially since the right to exercisethe franchise in a free and unimpaired manner is preservative of other basiccivil and political rights, any alleged infringement of the right of citizens tovote must be carefully and meticulously scrutinized."

    There we were considering charges that voters in one part of the State hadgreater representation per person in the State Legislature than voters in anotherpart of the State. We concluded:

    "A citizen, a qualified voter, is no more nor no less so because he lives inthe city or on the farm. This is the clear and strong command of ourConstitution's Equal Protection Clause. This is an essential part ofthe concept of a government of laws, and not men. This is at the heartof Lincoln's vision of 'government of the people, by the people, [and]for the people.' The Equal Protection Clause [Page 383 U. S. 668]demands no less than substantially equal state legislative representationfor all citizens, of all places as well as of all races."

    Little known by Justice Douglas is that the words attributed to Honest Abe

    Lincoln he stole from the Reverend John Wycliffe likely through Bartletts

    Familiar Quotations published in the 1860s. Wycliffe wrote in the General

    Prologue to the Holy Bible Wycliffe translated into the English language,

    The Bible is for the government of the people, by the people and for the

    people. Lincoln, a non-law school lawyer, left out the Bible, yet many or

    most law school lawyers today would purposely leave out the Bible with

    their learned misconception of the Founders Vision of Separation of

    Church and State, to protect the garden of the church from state intrusion.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA16

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    17. Continuing the opinion in the Harper case against Virginia, is written:

    The principle that denies the State the right to dilute a citizen's vote onaccount of his economic status or other such factors, by analogy, bars asystem which excludes those unable to pay a fee to vote or who fail to pay.

    The only way a Virginia Citizen can in the current system vote for or against

    a judge who has shown bad behavior worthy of Impeachment is to offer

    his or her services as a legislator to the Voters of Virginia. Sadly, the

    lawyer-legislators, who while a minority of members in Virginia unlike most

    states, yet still dominate the Courts of Justice Committees where judge

    qualifications, or lack of qualification, are first reviewed. So one other such

    factors is being a Bar member, lawyer-legislator, another is being a

    member of one of the Two-Party Tyranny system that enables election on

    different, arguably easier standards than for independent candidates.

    Such an electoral system is clearly not Equal Justice for All.

    It is argued that a State may exact fees from citizens for many different kinds oflicenses; that, if it can demand from all an equal fee for a driver's license,[Footnote 5] it can demand from all an equal poll tax for voting. But we mustremember that the interest of the State, when it comes to voting, is limitedto the power to fix qualifications.Wealth, like race, creed, or color, is notgermane to one's ability to participate intelligently in the electoral process.Lines drawn on the basis of wealth or property, like those of race(Korematsu v. United States, 323 U. S. 214, 323 U. S. 216), are traditionallydisfavored.

    There is a cost to the process of gaining Candidacy Petition signatures,

    which membership in one of the Two-Party Tyranny can avoid, though not

    when there is a contested primary election or convention in that party.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA17

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    18. The reality of that cost of gaining Petition signatures is directly

    addressed in the Virginia Code, prohibiting a candidate from paying people

    to acquire Petition signatures. In the real world, ACORN community

    organizers are able to receive government funds to register Citizens to

    Vote, or Domestic Violence social workers, or other such government paid

    workers, so it is easy to see how to bypass to the Petition signature non-

    payment restriction, if you just have control of the government, and its

    purse-strings. Continuing from Harper v. Virginia Board of Elections:

    To introduce wealth or payment of a fee as a measure of a voter'squalifications is to introduce a capricious or irrelevant factor.The degree ofthe discrimination is irrelevant. In this context -- that is, as a condition ofobtaining a ballot -- the requirement of fee paying causes an "invidious"discrimination (Skinner v. Oklahoma, 316 U. S. 535, 316 U. S. 541) that runsafoul of the Equal Protection Clause.

    A Candidate for office must be a qualified voter, so by extension, to impose,

    or introduce wealth or payment of a fee as a measure of a candidates

    qualifications is to introduce a capricious or irrelevant factor. Party

    primaries impose a fee. Non-party candidates are burdened by Virginias

    election laws with extra costs. The cost of campaigning, and advertising

    ones Vision of Service to the People in the free marketplace of ideas, is

    sufficient barrier to entry of any but the most motivated or dedicated. Bars

    constructed by the Two-Party Tyranny to perpetuate their privileged

    positions of power need to be broken down and removed, here and now.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA18

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    19. On the other hand, the fees paid by the Party candidates in an open

    primary most likely do not cover the true cost of conducting the election, so

    is to some extent a government subsidy to one of the Two-Party Tyranny

    parties. This year of our Lord Jesus the 2009th, the Democrats have a

    primary on this day, the 9th day of June, whereas the Republicans, afraid of

    cross-over voters from the Democrat Party who past experience shows

    vote for the weaker Republican candidate to better position their Democrat

    favorite to win in the General Election. The proper concept of a Primary

    Election is much like Spring Training in football, to have different squads

    practice to improve their performance. Usually the Star Quarterback will

    win the nod to lead the entire team in the fall, but once in a Blue Moon, or

    once when a Red Sky at Morning, a Walk-On Quarterback will win the

    starting position. Either way, the team is stronger, and in the level playing

    field Game of Politics, unseen in Virginia, that means the Voters win.

    Other states have primaries closed to only those registered in that political

    party. That is a wise model, but to stop the Two-Party Tyranny, a careful

    accounting of the costs of Poll Workers and other costs of administering a

    Party Primary Election should be FULLY PAID by that party, not the

    taxpayers as a whole. Doing otherwise is again a violation of Equal Justice

    Under the Law, for the third party, or non-party candidate is disadvantaged.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA19

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    20. Time is money, and both are often in short supply in a campaign to be

    elected as a Public Servant. Note the title of Public Servant, and

    remember that President Washington signed his letters, Your most humble

    & obedient servant. Such humility is rarely seen in todays Elected

    Officials who ever too often become officious once elected, and fail to

    remember that the People are their employer, or boss. Unfortunately, the

    statesman model of servant-leadership created by the Founders Vision has

    like the British Army played the tune at Yorktown, become The World

    Turned Upside Down. Now the elected politicians act as though they are

    the masters of the People, more wise than the Voters who elect them. Yet

    back to the issue of Time in a campaign for election as a public servant.

    The Two-Party Tyranny in Virginia has constructed many month lag-times

    for Candidate Qualifications as barriers to the entrenched elite of the Party.

    The Republican Party in Virginia imposed a 1 December 2008 deadline for

    Candidate Qualification for Governor for a 3 November 2009 election, and

    a late May closed party convention, where delegates had to pay to attend

    so they could vote. The poor, yes Virginia, not all Republicans are Country

    Club Republicans, or the rank and file Republicans unable to pay the

    costs of travel to Richmond or pay the Delegate fee were disenfranchised.

    The long lead time for candidate qualification is a barrier to the Voters will.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA20

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    21. A careful reading and analysis of the Virginia Code regarding Elections

    shows several logical inconsistencies regarding time for candidate

    qualifications, which is part and parcel of the Right to Vote. If late on the

    scene, yet capable and competent candidates are barred from offering

    their services, do the Voters have less than the best from which to

    choose? Recall the very telling tale of a 22 year old Harvard graduate who

    came home to attend Columbia Law School, but was drafted by his

    neighbors to run for the state legislature. He won, and once in Albany, he

    led the charge to Impeach the Chief Justice of the New York supreme

    Court. The 22 year old Impeachment hero? Theodore Roosevelt. For

    years before, the two parties failed to Impeach an obviously corrupt Chief

    Justice, yet fresh blood, just out of college did what needed to be done.

    May these illogical time requirements be an accident or the hidden hand

    of a Two-Party Tyranny? What were the advance time qualifications for his

    candidacy. Thomas Jefferson persuaded his pastor, Charles Clay to run,

    and both ministers Henry Fry and William Woods to run and win seats in

    the Legislature. Also remember that Yale University has the letter George

    Washington wrote to John Marshall to run for Congress, and Washington

    encouraged Patrick Henry to run for Congress, but sadly Henry died before

    the election. What advance time requirement restricted these Founders?

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA21

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    22. The long lead times do little or nothing to encourage new leaders to

    serve, and are not consistent with either the pre-election printing schedule,

    or the lead times cited in various part of the Code of Virginia. For example,

    24.2-228.1. Election to fill vacancy in constitutional office. says:

    A. The governing body of the county or city in which the vacancy occurs shall, within 15

    days of the occurrence of the vacancy,...

    24.2-229. Appointees to qualify and give bondin thirty days.

    24.2-503. Deadlines for filing required statements; extensions.

    The written statements of qualification and economic interests shall be filed by

    (i) primary candidates not later than thefiling deadline for the primary,

    (iii) candidates in special elections by the time of qualifying as a candidate, and

    (iv) all other candidates by 7:00 p.m. on the second Tuesday in June.

    The long time between the second Tuesday in June and Election Day in

    November is over 120 days.

    24.2-507. Deadlines for filing declarations and petitions of candidacy.

    1. For a general election in November, by 7:00 p.m. on the second Tuesday in June;

    Over 120 days

    2. For a general election in May, by 7:00 p.m. on the first Tuesday in March;

    About 60 days

    3. For a special election held at the same time as a November general election, either (i)

    at least seventy-four days before the election or (ii) if the special election is being held

    at the second November election after the vacancy occurred, by 7:00 p.m. on the second

    Tuesday in June before that November election;

    74 or more days for a special election at the same time as the Novemberelection or Over 120 days for (ii) paragraph scenario.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA22

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    23. If a Voter can register, or qualify to vote, 30 days before an election, if

    there be any true Equal Protection under the Law, then a Candidate for

    election by such qualified Voters, the Virginia Election Laws should allow

    not more than the Special Election advance time of 74 days, or 60 days,

    like a May General Election, not over 120 days like a the Primary to

    General Election lead time frame imposed on Non-Party Candidates, or like

    the 330 or so day lead time that the Republican Party imposed to assure no

    contest for its preferred candidate for Governor in anno domini 2009. In

    Florida, the Party Primary is conducted in September, the run-off Primary, if

    needed, is conducted in October, and of course the General Election in

    November. For Virginia, seventy-four days from 3 November would be on

    or about 19 August. Sixty days from 3 November would be on or about 3

    September, right about Labor Day, the traditional time for the fall campaign

    to start and for the people to begin to pay attention to the messages of the

    Candidates. The shorter campaign would mean less waste, and more

    candidates who are relatively poor, would likely be able to qualify, and

    bear the relatively short term costs of running a campaign. That reduced

    cost of campaign due to shorter cycle would likely lead to increased

    diversity of Candidates with a Revival of our representative Republic.

    (b) Fee payments or wealth, like race, creed, or color, are unrelated to the citizen'sability to participate intelligently in the electoral process. Pp. 383 U. S. 666-668.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA23

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    24. Elective Office in a representative Republic should not be the exclusive

    playground of the Rich and Famous, in much the same way, that a citizen

    should not be limited in his choice of assistance of counsel in the Courts

    to the members of the lawyers mutual aid and protective society, or union,

    known as the Virginia State Bar. If an

    accused Citizen is best served by an

    accountant as assistance of counsel,

    then our Courts should so allow, or if some

    other technical or professional assistance

    could best help the Citizen prevail, then

    the Citizen should have the Liberty to

    make such a choice. The written Rules

    should be short and simple to support that goal. See the difference

    between the 2002 Rules of the Virginia supreme Court and the 2007 Rules

    of the U. S. supreme Court. And the rules of the Virginia Election Laws

    impose unnecessary cost burdens on non-party candidates. For example,

    in Minnesota, where Jesse Ventura as a third party candidate qualified and

    won, the Petition form online shows the data elements required but does

    NOT impose the exact size and shape as does Virginia. In Florida, in 1983,

    the Supervisor of Elections allowed a convenient 4 x 6 card Petition format.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA24

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    CONCLUSION

    25. This Virginia Voter, Plaintiff Manship, is sorely taxed by the corruption

    of the Democrat Governor covering up the drug money skimming corrupt

    former Democrat Commonwealth Attorney, related to the Byrd Democrat

    Dynasty of many decades duration. The Plaintiff served as a Page in the

    Georgia Legislature for a Republican Representative, yet invited Democrat

    Senator Jimmy Carter to speak to his high school Honors Day Assembly,

    and later volunteered for both his Governor and Presidential campaigns.

    Four years later, seeing the failed presidency of Democrat Carter due to his

    embrace of left-wing policies, the Plaintiff left active duty in the Navy to

    volunteer for Reagan for President, a man who revived this Republic. Yet

    on the other hand, the lack of courage to stand up and call on Governor

    Kaine to exercise his Pardon Power in the case of clearly innocent Jeffrey

    Franklin Washington, an Army Veteran wrongly forced by Democrat Paul

    Thomson to take an Alford Plea, only by gross Prosecutorial Misconduct by

    Democrat Thomson, is the go-along, get-along response of the current crop

    of Republican candidates for Governor and Attorney General. Such

    cowardice and lack of Liberty principles by both of the Two-Party Tyranny

    Candidates turns my stomach, as well as it does for many other Virginians.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA25

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    26. In short the Virginia election laws perpetrate a fraud on the Virginia

    Voters, and perpetuate a Two-Party Tyranny of Tweedledum, Tweedledee

    politicians, who will say and do anything for their own Partys election,

    rather than for the common wealth of the Citizens of the Commonwealth.

    Time, fees, and restrictive rules are all strands that bind us from Liberty.

    I move the Court to remove the hidden hand of the Two-Party Tyranny of

    the Virginia Election Laws that has created a Barrier to true Liberty of

    Virginia Voters, a Barrier that needs to be broken up and torn down, to

    wash away the webs so we can again breathe the sweet air of Liberty.

    27. As a result, I passionately believe that this Virginia Voter as well as

    millions of other Virginia Voters would rally to a Justice Reform or Just &

    Right, Jefferson - Reagan style Republican candidate, not a Republi-crat, a

    man not afraid to stand up and speak the Truth to Power, a man willing to

    stand and say The first day I serve as Governor, I will correct the gross

    error of the Judicial Branch in the case of Jeffrey Franklin Washington, by

    an Absolute Pardon, for as Thomas Jefferson chose as the Motto of the

    University of Virginia, the words of Jesus from Saint John 8:32:

    You shall know the Truth, and the Truth shall set you free.

    STATES MANSHIP, VIRGINIA VOTER v. KAINE, GOVERNOR OF VIRGINIA26James Renwick Manship, Sr.

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    CERTIFICATE OF SERVICE

    The Commonwealth of Virginia as a named Party will receive by mail

    delivery a copy of this PETITION FOR WRIT OF MANDAMUS, filed by mail

    with the Clerk of the Virginia supreme Court at 100 North Ninth Street,

    Third Floor, Richmond, Virginia 23219 on Tuesday, 9 June anno domini

    2009, the day of the Democrat Party Primary Election, at the Office of the

    Republican Attorney General William Mims, acting as agent for the

    Commonwealth at the Attorney General offices located 900 East Main

    Street, Sixth Floor, Richmond, Virginia 23219, United States of America,

    and will be mailed to Democrat Governor Timothy Kaine at his offices at

    1111 East Broad Street, Third Floor, Richmond, Virginia 23218.

    James Renwick Manship, Sr.

    God and Country Foundation

    Box 76

    Mount Vernon, Virginia 22121

    [email protected]

    540-322-1767 / 540-408-6659 c

    mailto:[email protected]:[email protected]:[email protected]