John Wayne Smith
and James J. Kearney

and Lieutenant Governor,  2006


James J. Kearney



My name is John Wayne Smith. I was born in Leesburg, Florida. Some of my ancestors have been roaming Florida’s hills, woods and swamps for over 10,000 years. I hope that my descendants are able to do the same, and to be as free as were my ancestors.

Writing about why I should be your Governor is no easy task, especially since I stand against current wisdom most of the time. I am the kind of man that the government fears the most. I am a free man. I am a competent man. I am a compassionate man, and I want my life back.  I do not need or want someone to live my life for me. I am a peaceful man. I assist my neighbors when asked or I see that assistance will be beneficial. I accept assistance from my neighbors in like events. I do not initiate aggression against anyone, but I reserve the right to vigorously defend myself.

Man is not an animal. Man is not born with all the knowledge that it takes to live in today’s world. Man must have guidance. There must be a code to live by. That code or philosophy must be rational. Yet it must allow each person to live as they see best (as long as they hurt no one else). So I believe in law and order. These laws must not try to make all people fit a given mold.  Laws should allow people to be individuals. 

Man, by his very nature, must be free to exercise his judgment in all matters as long as he respects the right of others to do the same, as long as they pose no immediate threat to another person. I do believe that there must be someone that will enforce reasonable laws on an evenhanded basis.  There must be rational law enforcement.  In today’s world, what should be a book of laws only a few inches thick are many books several yards thick. No person can go for one hour without breaking some law, even if they think that they are correct, upstanding, law abiding citizens. 

Legislators meet with someone almost daily in order to devise more laws, and more powerful laws. Most of these laws have unintended effects, but all ensure that you cannot pass through life with out being a habitual criminal. Bureaucrats, hired, not elected, are busy turning out page after page of regulations that you must live by and page after page of how they will steal the money to force you to live by what they write.

Am I a good guy? Not necessarily? Am I a bad guy?  I harm no one. I bow to no one. If you believe that human beings are, and have the right to be, responsible individuals, then you will be one. You will break the yoke of oppression created by the current government system. You will help ensure that Florida and America remain the land of the free, the home of the brave, as well as the responsible. You will make Florida a better place to live for everyone, not just for the government and its employees. Only if you are willing to break the yoke of government oppression will Florida have a bright future.

Were you to elect me I would not go to Tallahassee with the promise that I would steal money from everyone that I could just so that the bureaucrats or you could spend it the way that the bureaucrats or you want to. I would not promise that I would force everyone to fit into a mold of bureaucratic choosing. I would not promise to be an all-knowing god. 

What I would promise to do would be to try to make all Florida a freer place to live. I would promise that there would be adequate law enforcement to enforce necessary laws. Laws that would allow you to be free, and to choose your own life path as long as you aggressed against no one. I would promise to try to reduce taxes to the point that all proper government functions are adequately funded and that all unnecessary and improper functions are not funded. 

John Wayne Smith

Born July 13, 1945 in Leesburg, Florida, I am a true Florida native. I finished high school and served in the U. S. Army from 1965 to 1967 and was honorably discharged. I am divorced with many children. 4 of which are Stacey Tooker, 30, John Wayne Smith, Jr. 27, Chris Backus 23, and Ayn D. Smith, 21.

I am CEO of 1000 Planets, Inc., a private space research company, Building a Road to the Stars. I also work in the construction industry.

I have been a Libertarian since 1974, prior to that a Republican. I have worked on many other campaigns, mostly collecting signatures and have been a candidate for the Leesburg City Commission in 1969 and again in 1970. I ran for the Ocala City commission in 1983 and for Mayor of Ocala in 1985. Florida House district 25 in 1986, and district 42 in 2000. I was the only state level Libertarian candidate on the ballot that year, making me the first on-ballot Libertarian candidate in a regular state election.  I contested the Leesburg City Commission again in 2001. I ran for Governor in 2002 and again for house district 42 in 2004. In that race I received the highest number of votes for a Florida Libertarian in State house races in 2004. That was 19,124 votes, 24.75 percent of the total. In 5 of these races I received over 20% of the vote. I have served as Vice Chair of the Libertarian Party of Florida for 2 years and as a regional Representative for at least 5 years. 

In December 1967, I started a campaign to deregulate transportation in Florida. Between 1976 and 1980 I was arrested numerous times for not having the proper permits from the state to operate taxicabs and buses. During that time I appeared in many places to speak on behalf of deregulation. Many times I was on radio and TV and appeared in many newspapers. Over the years I have lobbied the legislature and cities for deregulation and for more voter freedom. Transportation deregulation became a fact on October 1, 1980. Voter freedom happened in November 1998. 

I have never been an angel, and I claim my mistakes as well as my successes. I have been divorced 3 times, fathered 4 children, and raised many more. I have been arrested for bigamy once (adjudication withheld-$502 in court cost). My only other arrests were for civil disobedience, too many times to tell. I spent 6 months in the Marion County Jail for refusing to buy a taxicab permit. I declared bankruptcy in 1978 and have over the years refused to pay some bills that I thought were unjust. I have made my share of mistakes and have tried to learn from all of them. I hope I have.

You can call me at 352 787 5550 or e-mail me at jwsmith42000[at]  It may be a few days before I get back to you, but I am not ignoring you. I work with my hands and am not always available. I may be out of town building something, but I always come back, especially on weekends.  I have to eat and pay my bills just like you. 
You can write me at: John Wayne Smith, 
203 W. Magnolia Street, Leesburg FL 34748

I decided to run for this post based on several factors. I want to influence the nature of the debate on all fronts. I want to introduce the Libertarian Party to People who have never considered it before. I want to help the Libertarian Party grow into a political force to be reckoned with.



A government is the means of placing the retaliatory use of physical force under objective control- i.e. under objectively defined laws.

If physical force is to be barred from social relationships, men need an institution charged with the task of protecting their rights under an objective code of rules. This is the task of a government - of a proper government - its basic task, its only moral justification and the reason why men do need a government.

Crime has to be rigidly defined as injury to a second party. The retaliatory use of force requires objective rules of evidence to establish that a crime has been committed and to prove who committed it, as well as objective rules to define punishments and enforcement procedures.

The fundamental difference between private action and government action - a difference thoroughly ignored and evaded today - lies in the fact that a government holds a monopoly on the legal use of force.

It has to hold such a monopoly, since it is the agent of restraining and combating the use of unwarranted force, and for that very same reason, its actions have to be rigidly defined, delimited and circumscribed.  No touch of whim or caprice should be permitted in its performance; It should be an impersonal robot, with the laws as its only motive power.  If a society is to be free, its government has to be controlled.

In a rational society all laws should be predicated on these facts.  All laws based on other premises will always be unworkable. "Man's rights may not be left at the unilateral decision, the arbitrary choice, the irrationality, the whim of another man." -- Ayn Rand, The Nature of Government 


At no time in human history has any individual stood alone except by his own choice.  There have always been family, friends and neighbors to stand with him. As a general rule men have been able to live together but there have always been those who have lusted after power over others.  The corruptible are drawn to power.  This is the reason why we instituted a constitution: to give the individual power and not the government.

Since 1860 the corruptible that lust for power have unconstitutionally expanded the power of government.  We must return to the power of the individual.  If elected I will endeavor to read all of the state laws and try to have all that, to me, are no longer relevant or are unconstitutionally intrusive replaced.  My determination would be made using common sense and Supreme Court rulings.

James J. Kearney

Born March 26, 1958 in New Haven, Connecticut. I finished High School in 1976 and served in the military from 1976 until 1989 when I was honorably discharged from the Navy. From there I worked as a Psych Tech for several years and eventually decided to return to school to increase my personal standing. I began college in Jan of 1992 and graduated with my Masters Degree in Software Engineering in Dec of 1994 from the University of West Florida and have been working in the computer field ever since. Currently I am employed with Motorola Inc. as Project Lead at their Plantation, Florida facility.

I am recently divorced (2001) with 4 children. Guadalupe-Anne (23), Georgia-Anne (22), Gwendalyn-Anne (21), James-Anthony (18). I also have an “adoptive” son, Allan Azada (31). 

I have been a libertarian all my life but didn’t know it. My parents were Democrats; I knew I was different from them so I registered as a Republican until I learned about the Libertarian party. I began registering as a libertarian approx 7 years ago (1999).  At the present time I serve as the Broward Libertarian Party’s (BLP) Chairman. This will be my first year at the helm of the BLP. I am also a member of the “Free State Project (FSP)” and the “We the People” organizations.

During my investigations into smaller government I have determined that American Citizens are not required to pay income taxes. Since then, I have filed “zero” returns with the IRS. While I have not yet been arrested or charged with a crime by the IRS or Justice Department, someday this may yet happen. How that plays out in the future remains to be seen.

The closest I have come to breaking the law and getting arrested, to date, has been speeding tickets. I think the last one I received and actually paid was some 9 or 10 years ago. I have never spent any time in jail or ever been convicted of a crime. None-the –less, while I realize I may have some faults I also realize that any choices I make are my own responsibility and therefore accept all the rewards and consequences stemming from those choices. 


I decided to toss my hat into the political ring based on a single belief. There are two sides to every story, the problem side and the solution side. While people complain about government, they don’t do anything about it. That simply makes them part of the problem. I choose to be involved. I want to be part of the solution and can only do that by getting involved in the everyday running of the government.

I want to help people see there are other possible solutions besides the Republican and Democrat methodologies. I would like people to become aware Libertarian ideals, especially those people who have not considered them previously. I truly believe choice allows for more freedom and the more information one has the easier it is to make those choices. The spreading of the Libertarian ideals will give people more information to better choose the correct candidate to protect their freedoms.

James J. Kearney
1802 N University Dr. #232
Plantation, Florida 33322
Phone 954-214-0468 Leave a voice message if I am not available.
Email: jim_kearney[at]

Why Bother Running?

My name is James Joseph: Kearney©, I was born In New Haven, Connecticut. Born a FREE man and a sovereign citizen, I believe that people in government work for me and not the other way around. Going against the conventional wisdom of the time I have been labeled as freak, weird, anarchist and most often trouble maker. People often tell me you “cant fight city hall” and I find myself trying to educate them to the facts that man created government therefore government must answer to man and not the other way around. This thought process seems to be lost on most.

With that in mind, to sit here and try to tell you that I am the best choice for you in government is rather difficult and strange, to say the least. I stand against most things governmental. I am the type of man most politicians either fear or hate. You see, I am a free man. I am competent and can think on my own. I do not need or want the government telling me how to live my life. I choose to live free, to help my neighbors when needed, to accept their help when offered. I am against the initiation of force on myself or others and reserve the right to defend myself by any means necessary. 

People are not wild creature to be tamed. I am an individual just as each person is an individual. I think as an individual, I act as an individual; I live my life as an individual. I am not all knowing, although I wish I was. All people are “in the same boat”. Since I don’t know it all there has to be some sort of guidelines, code or philosophy to live by. As such, I believe in law and order. The law must NOT try to force people to fit a certain a certain mold or turn everyone into the same person. It must allow people to be individuals and guide them on how to interact with other individuals. It must allow people to be free enough to make their own choices and allow for people to work in peace together.

Individuals, by their very nature, must be free to make their own choices. They should be allowed to do this provided they respect the right of others to do the same and pose no threat to others. Laws should be written as small as possible to allow this to happen and there should be someone to enforce those laws. 

Note that I said small. This means we need to get rid of some laws that are currently “on the books”. Heck, with everything that’s on the books now I wouldn’t be surprised if every person is breaking the law every hour or two during any given day. Yes this means you as well. Because you don’t know the law doesn’t mean that it doesn’t exist and that you are not breaking it. Laws are only good laws if they allow people to be free. Anything else, especially innocent victim laws, should be gotten rid of. 

People in government meet on a near daily basis with someone to devise and create more powerful laws. Hired people, not elected individuals, are writing regulations on a daily basis and devising ways to steal your money from you if you in order to force you to live by what they write. These laws are used to control the citizenry. The use of laws to control people and make them conform to a certain structure should be abolished.

Does this thought process make me a good or bad person? I don’t know. I harm no one, I kowtow to no one and I stand up for what I believe in. I do what I think is necessary for me to live my life as a free man and expect no less from others who desire to be free. So I guess the big question is whether you want to be free or herded like cattle. Would you vote for someone who apparently has radical ideas and dares to think we are supposed to be a free people? If you believe that you are suppose to be free or you want to become free then the answer would be yes.

You have it in your power to break the oppressive chains that bind you, the chains that were put onto your wallets by our current government. You can make Florida a better place to live, a freer place to enjoy your life with your friends and family. Florida’s future lies within your hands. You can choose the same current government bondage or you can snap the chains and be free. 

All politicians who run for office make promises of what they can give you. They don’t tell you what it costs or how they will steal that money from you to pay for it. While I can’t promise that no money will come out of your pocket to run the government I can promise to do everything in my power to get you to keep as much of your money as possible.  I can promise to try to make Florida a freer place to live and reduce the funds necessary to run the government at the smallest level possible.


1. (Eminent Domain Abuse) No City, County, Multi-County or State government agency or subdivision there of, shall try to take any property by force not necessary for schools, roads, preparation against natural disasters or national defense. When any property is taken the necessity for such must be firmly demonstrated and compensation must equal the highest fair market value offered. To take any property by force it must be voted on by all that will help pay for such property and to be binding, the vote must have an 80% majority of all effected persons. 

Any Government agency, elected, appointed or hired employee who try to acquire any property by force not necessary for the above stated purposes shall be guilty of a felony in the first degree. These entities shall be responsible for any and all expenses incurred by anyone defending against such actions and can be forced to pay triple damages in any and all cases where force is attempted to acquire such property. Individuals who are responsible for the initiation of any such action shall be eligible to be incarcerated for such a time, as any jury shall be inclined to assess.

2. (Community Standards) While community standards do have a place in our lives, we may not force our standards on others. The only proper response to one that violates community standards, but does not interfere with the rights of others is to shun the offensive person. You may have to sell the offensive person a loaf of bread and a can of beans, but you do not have to socialize with them as you sell to them.  Shunning is a proper response but enacting a law to make him or her conform to community standards is wrong.

Proper education of our children is the parent’s responsibility. I would like to see more non-religious private schools and an end to the dominance of state and religious schooling. As intermediate steps in this direction I would like to see more independent charter schools and a viable voucher system. 
My legislative agenda (besides repealing all unnecessary laws) will make adjustments to those laws we should have. 

3. (Crime and Justice) No action should be considered a crime unless it involves some form of force or fraud.  No person should be prosecuted except for an action taken without the permission of all other parties involved.  No person under 13 years of age should be considered competent to give permission in most cases.  A victim would have to be an individual, or properly chartered group.  No government can be a victim. 

No law enforcement agency should be allowed to conduct any type of stings when dealing with victimless actions 
No person's assets should be subject to forfeiture unless and until a court of competent jurisdiction has determined that force or fraud gained those assets. All assets should be returned to the victims. No government should receive any proceeds from such. 

4. (Building and Zoning laws) No two areas need the same standards for quality and workmanship in construction and building.  The person insuring the construction should set any standards necessary. All construction projects should be insured for cost, quality and durability and be guaranteed for a set number of years. Said insurance company employees should do all inspections as to quality and durability. 

In Florida, as in some other places, useable water is very important.  Our laws must reflect how to use without abusing our water resources.  Two items I feel are important are the use of gray water systems in all areas where there is any amount of open space, also the use of non-invasive aquatic agriculture to help keep our lakes and streams clean.  Like all-important issues this cannot be covered in a few pages.

5. (Government) General elections should be held only once every two years and should last for 3 days to a week to allow everyone to vote.  Special elections should be allowed only on 2 preset days per year.  No elections should be held during June, July, or August. 
No elected, appointed or hired person should hold government positions for more than 20 years during a lifetime, or one job for more than 10 years. 

No individual, government or Publicly Held Corporation should enjoy any privilege to avoid civil or criminal prosecutions for actions taken while in positions of authority except judges and arbitrators.  All laws should apply equally to all citizens and all citizens should have remedies for violations of their rights, especially against persons in positions of authority.

No government board or body should have the right to refuse to allow any citizen the right to speak on any subject. No Publicly Held Corporate Board should have the right to refuse to hear any stockholder speak on any subject that impacts the actions of the corporation.  Such boards or bodies should have the right to limit time and to determine what place in the agenda such will take place.  Such boards and bodies should be required to maintain a quorum until every such citizen or stockholder is heard. 

This is a paid political advertisement -- Approved and Paid for by John Wayne Smith for Governor campaign -- NPA


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