McCain-Lieberman Wasn't Legally Viable

[Lunar]

http://www.politico.com/blogs/bensmith/0409/Why_McCainLieberman_wasnt_an_option_legally_speaking.html

Former McCain veep vetter and Washington power lawyer A.B. Culvahouse made clear in remarks before a Republican lawyers group today that the campaign had investigated the legal issues surrounding putting Democrat-turned-independent Joe Lieberman on the GOP ticket last year and determined it would be a difficult task.

"Five states have sore loser statutes ... [making] it very difficult for someone who's not a member of the Republican Party to become the vice presidential nominee if they only switch parties to become a Republican shortly before the convention,' Culvahouse said in public remarks at the Republican National Lawyers Association annual meeting aired on C-SPAN.

Culvahouse specifically noted the example of West Virginia, a state Republicans have relied on in recent elections, saying "the constitutionality of that statute has already been litigated in West Virginia."

"So you were looking at going to the Supreme Court, which is not particularly appetizing," he said.

McCain's close friend and colleague Sen. Lindsey Graham was pushing Lieberman, and McCain himself was widely thought to be intrigued by the idea.

But Republicans warned of a revolt on the convention floor.

And now we learn there were some very real procedural roadblocks in the way of a fusion ticket, as well.

[Lunar]

Interesting.  Would Lieberman have needed to join the GOP to be on the ticket?

??

"Five states have sore loser statutes ... [making] it very difficult for someone who's not a member of the Republican Party to become the vice presidential nominee if they only switch parties to become a Republican shortly before the convention,'

[Lunar]

It looks like he couldn't do anything party-wise without legal complexity, without having decided to become a Republican some time before VP-selection.

I don't really understand how the "sore-loser laws" factor into this -- I know Pennsylvania, for example, forbids candidates from running in the general election if they already lost the primary nomination that same year, but I'm not sure West Virginia's dealio.

Most likely McCain would have won in court (IMO non-legal opinion), but he wouldn't want the legal controversies to overshadow an already controversial pro-choice pick.

[Lunar]

besides, didn't Kerry ask McCain to be his VP in '04?

[Lunar]

besides, didn't Kerry ask McCain to be his VP in '04?

If you believe Kerry ever seriously considered that I've got a sweet ice-free port in Minneapolis to sell you.

I think he did seriously consider that.  McCain himself openly publicizes that offer, and has Kerry ever denied it or declared McCain a liar?


http://www.nytimes.com/2004/06/12/us/mccain-is-said-to-tell-kerry-he-won-t-join.html

John Kerry, the presumptive Democratic nominee for president, has repeatedly and personally asked Senator John McCain, the independent-minded Arizona Republican, to consider being his running mate, but Mr. McCain has refused, people who have spoken to both men said Friday.



additionally, wikipedia posits that McCain was heavily vetted for the VP slot and rejected Kerry's offer.  I could keep digging up sources, but I think I'd rather sell YOU an ice-free port in the Bay Area if you think Kerry never seriously considered the option.


edit:  Found a denial, you can choose which side of the story is true.  Either way, it's hard to believe that Kerry didn't consider it.

http://www.politico.com/news/stories/0407/3415.html

Sen. John F. Kerry (D-Mass.) has riled both parties by charging that Sen. John McCain (R-Ariz.) approached him about joining the Democratic presidential ticket in 2004.
 
Now, the assertion has drawn a detailed rebuttal by top McCain aides, who consider the charge a bid for attention by Kerry.
 
They contend that Kerry pursued the maverick McCain repeatedly but was rebuffed decisively on each approach. “Each conversation, McCain would say, ‘No, John, no,’ and raise objections,” said Mark Salter, who was McCain’s Senate chief of staff then and now is senior adviser to his campaign for the GOP presidential nomination. 

...

According to MyDD, Kerry told Singer: “It doesn't surprise me completely, because his people similarly approached me to engage in a discussion about his potentially being on the ticket as vice president. So his people were active – let's put it that way.”
 
Singer, one of four front-page MyDD writers, followed up: “OK. And just to confirm, you said it, but this is something they approached you rather than...”
 
“Absolutely correct,” Kerry replied, naming “John Weaver of his shop,” a reference to McCain’s longtime chief political strategist. Then, Kerry was interrupted by a phone call.

[Lunar]

http://www.ballot-access.org/2009/04/18/mccain-campaign-received-erroneous-information-on-legality-of-nominating-lieberman-for-vice-president/

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