The following was written by Arthur Torrey, and sent to attorneys for the Massachusetts substitution lawsuit as well as the Massachusetts Secretary of State. It is reproduced with his permission.
I am one of the Presidential Elector Candidates for the Libertarian Party of Massachusetts (LPMA). As such I feel that it is necessary and appropriate that I express my feelings concerning the ongoing litigation concerning the right of the LPMA to substitute the names of the National Libertarian Party nominees for President and Vice President for those of George Phillies and Chris Bennet whose names currently appear on the LPMA petitions for the offices.
I wish it to be known that as a Presidential Elector Candidate, while I support the RIGHT of the LPMA and it’s electors to make a substitution, I am no longer willing to do so in the case of Bob Barr and Wayne Allen Root. I will NOT pledge to vote for Barr / Root in the event that their ticket wins the vote in Mass. and I will NOT sign any agreement to authorize the substitution of their names on for those of Phillies / Bennet on the presidential ballot.
This decision is due to actions taken by the Barr / Root campaign subsequent to this litigation being filed and, in my opinion, does not impact the basic facts of this case. While it is very true that there are considerable differences between Barr / Root and Phillies / Bennet as the Secretary of State alleges in the defense document, this is properly a matter for the members of the Libertarian Party to decide, not the Secretary.
I firmly believe that the basic circumstances of the case, which are that the LPMA initiated its petition drive with Phillies / Bennet under the advice of the Secretary of States Office that *IF* the LPMA desired to make a substitution, then this would be permitted. It is manifestly unfair for the Secretary’s office to change the “rules of the game” in the middle of the petitioning process.
As both a voter and taxpayer I would pray that, while I do not support substitution in THIS instance, the Court will see fit to rule that the electors have the right to substitute a candidate if they so choose, and direct the Secretary of State to develop fair and consistent rules for doing so. This would help to avoid the trouble and expense of future litigation on this topic.