SJC ruling puts Robinson back on ballot

Sen. Edward Kennedy will face a challenge in November after all

By Joe Battenfeld

July 19, 2000 Web posted at: 4:48 PM EDT (2048 GMT)

BOSTON, Massachusetts (The Boston Herald) -- In an embarrassing blow to both Sen. Edward M. Kennedy and Gov. Paul Cellucci, the state's highest court yesterday squashed Kennedy's bid to keep his lone GOP opponent, Jack E. Robinson III, off the fall ballot.

The ruling by the Supreme Judicial Court dashes Kennedy's hopes of avoiding a full-blown re-election race for the first time in his 38-year career and keeps Robinson's underdog campaign alive.

The court decision also raises questions about whether the massive effort by the Kennedy campaign and state Democrats to keep Robinson off the ballot has backfired. Instead of quietly ignoring Robinson, who has no money or organization, Kennedy may have unwittingly boosted his opponent by launching the highly publicized effort to challenge his nomination signatures.

The SJC yesterday ordered Robinson back on the ballot after determining that Secretary of State William Galvin erred by throwing out 129 signatures that had been printed on upside-down copies of nomination papers. The ruling gave Robinson 10,115 valid signatures - 115 more than needed to secure a ballot spot.

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``Kennedy and the Democrats threw everything they had at us but we have blasted the Kennedy machine to smithereens,'' said a jubilant Robinson, who plans to go on vacation for a week before resuming his campaign. ``This could very well be his Waterloo.''

While Robinson's claims may be hyperbole, even some Democrats agree that Kennedy's aggressive attempts to remove him from the ballot was unseemly and unnecessary. Robinson, a Connecticut businessman who has already admitted to a drunken driving arrest and a restraining order filed by a former girlfriend, has little chance of beating the powerful Democratic incumbent.

But Kennedy's effort to kick him off the ballot allowed Robinson to portray himself as a defender of democracy and shift the focus away from his earlier woes.

``The strategy of doing this - one has to wonder,'' Secretary of State William Galvin said. ``He (Robinson) got a lot of free publicity - to some extent it erased his earlier impressions.''

Robinson's candidacy appeared in severe jeopardy after the state Ballot Law Commission, acting on the Democrats' challenge, tossed out 153 of Robinson's signatures, ruling that 90 were forgeries. But the SJC ordered Robinson back onto the ballot after determining the upside down papers were valid.

Mark White, executive director of the Democratic State Committee, yesterday said: ``We respect the decision of the court and we're looking forward to a vigorous campaign on the issues.''

White said he hasn't tallied the legal bills for the Robinson challenge, but expects them to total just over $100,000.

The high court ruling also is a slap to Cellucci and the state GOP, who disavowed Robinson's candidacy months ago because of Robinson's personal problems.

Robinson said he will ``extend an offer of reconciliation'' to Cellucci and the state party and ``let bygones be bygones.''

But state party chairman Brian Cresta released a terse statement saying the court ruling ``does not impact the Massachusetts Republican Party's decision to not support (Robinson's) candidacy.''

A Cellucci spokesman praised the SJC ruling, saying the governor was ``supportive of the court's decision to increase voter participation.'' But spokesman John Birtwell also said Cellucci would continue to withhold his backing.

Robinson's candidacy, however, is likely to continue to put Cellucci in an awkward situation. Robinson said yesterday he plans to join Cellucci and other state party members at next month's National Republican Convention in Philadelphia even though Robinson is not a delegate.

Robinson said he expected to debate Kennedy, although it appears unlikely the Democratic senator will agree to any debates in the near future.

A Kennedy spokesman, Will Keyser, yesterday refused to comment on the court ruling restoring Robinson to the ballot.

Robinson said he spent about $200,000 of his own money to get on the ballot and had only $192.67 in his campaign account as of June 30.

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