New Hampshire Hearing Seems Favorable to Ballot Access Reform Bill

February 9th, 2010

On February 9, the New Hampshire House Election Law Committee held another hearing on HB 1264. It seems that a majority of members of the Committee are inclined to support it. There will be yet another hearing on this bill next week. HB 1264 makes significant improvements for minor party ballot access.

Another bill, HB 1188, which makes only slight improvements to ballot access, was defeated, because the Committee seems more interested in working on HB 1264. Thanks to Rich Tomasso for this news.



New York Comedian May Seek Libertarian Nomination for U.S. Senate

February 9th, 2010

Randy Credico, a somewhat famous comedian, announced in January 2010 that he intends to run in the Democratic primary in New York for U.S. Senate, against incumbent Charles Schumer. He has more recently said that he may seek the Libertarian Party nomination for the same office. New York law would permit him to be the Libertarian nomination even if he ran in the Democratic primary and lost it. Here is a story about him from the Huffington Post. Here is his webpage. Thanks to Peter Gemma for this news.

Minnesota Bill for Earlier Primary Advances

February 9th, 2010

Bills are pending in both houses of the Minnesota legislature to move the primary from September 14 to August 10. They are SF 2251, by Senator Terri Bonoff (DFL-Minnetonka), and HB 2552, by Representative Steve Simon (DFL-St. Louis Park). On February 8, the Senate State and Local Government Committee passed SF 2251.

The bills, if passed, would have the effect of automatically moving the petition deadline for non-presidential independent candidates from July 20 to June 16. The bills would also automatically move the petition deadline for a group to submit a petition to become a qualified party from July to June.

The Minnesota petition to create a new ballot-qualified party is so difficult, it has never been used for a statewide party even though it has existed in the law since 1913. It is in section 200.02.7(2) of the election law. It requires the signatures of 5% of the last vote cast. Groups that have become qualified parties in the last 100 years have done it in Minnesota by first running a statewide independent candidate, and then having that candidate poll at least 5% of the vote. That is an alternate method for creating a new ballot-qualified party, but it takes longer; the group must wait until after the election to attain its “qualified” status.

In 1980, the 8th circuit ruled in McLain v Meier, 637 F 2d 1159, that a similar procedure in North Dakota to create a new ballot-qualified party was so difficult as to be unconstitutional. The North Dakota party petition required 15,000 signatures (3.3% of the number of eligible signers in North Dakota at the time), and was due in June. The 8th circuit said the relative tough petition requirement combined with a relatively early deadline was unconstitutional. If Minnesota moves the petition deadline for a new ballot-qualified party to June, and doesn’t lower the number of signatures, it is plausible that the party petition procedure would also be unconstitutional. Like Minnesota currently, North Dakota at the time also permitted independent candidates to choose a partisan label which appeared on the ballot, and if that independent candidate in North Dakota polled 5% for Governor, that was an alternate method for creating a new ballot-qualified party. So it would be tough for Minnesota to defends its law, based on the 1980 precedent. Minnesota, like North Dakota, is in the 8th circuit.

New Mexico Secretary of State Tells Legislature She Has Insufficient Funds to Hold 2010 Elections

February 9th, 2010

The New Mexico Independent newspaper of February 9 has this story, which says that New Mexico’s Secretary of State Mary Herrera has told the legislature that her budget is over $1,000,000 short of having enough money to pay for the 2010 primary and general elections.

Last year, a New Mexico legislator introduced a bill to provide for a filing fee alternative to petitions, for candidates running in a primary. New Mexico currently does not have filing fees. Candidates who wish to get on a primary ballot have a moderately difficult petition to get on primary ballots. Perhaps someone in New Mexico state government will revive the bill, and this year, pass it. Even better, perhaps the bill could provide for a filing fee alternative for minor party and independent candidates as well.

States that use filing fees are required to retain petitions in lieu of a filing fee. However, in the vast majority of states that have both filing fees and alternate petitions in lieu of the filing fee, practically every candidate chooses to pay a filing fee rather than circulate a petition. Of course, a state should set the filing fees at a moderate level.

Vermont Bill for Disaggregated Fusion

February 9th, 2010

Vermont already permits two parties to jointly nominate the same candidate. However, in Vermont, when a candidate is the nominee of two different parties, he or she is only listed on the ballot in one place, so a voter who votes for that fusion nominee can’t indicate a preference for either political party.

Vermont state representatives David Zuckerman (Progressive-Burlington) and John Moran (Democrat-Wardsboro) have introduced HB 621. The bill would change fusion so that candidates nominated jointly by two parties would be listed twice on the ballot, so that a voter voting for such a candidate could demonstrate a party preference. This is called “disaggregated fusion.”

Vermont had disaggregated fusion before 1977, but changed to aggregated fusion that year.

Washington State Senator Introduces Bill to Abolish Referendum

February 8th, 2010

Washington State Senator Ken Jacobsen (D-Seattle) has introduced SJR 8202. It would abolish procedures for referenda on state laws. Because the Washington state Constitution provides for the referendum process, if the legislature passed SJR 8202, it would then go to a public vote. Thanks to Paul Jacob for this news.

California Initiative to Repeal Nonpartisan Redistricting Commission Starts to Circulate

February 8th, 2010

On February 8, the California Secretary of State issued this press release, announcing that a proposed initiative is now free to start circulating signatures. It would repeal the measure passed by the voters in 2008, to establish a non-partisan citizens redistricting commission.

John F. DiLeo Extensive Commentary on Illinois Democratic Fiasco for Lieutenant Governorship Nomination

February 8th, 2010

John F. Di Leo has this fascinating, very lengthy analysis of the recent troubles of the Illinois Democratic Party concerning the Illinois primary for Lieutenant Governor.

Georgia Politics Blog Covers Georgia Ballot Access Bill

February 8th, 2010

Georgia Politics Unfiltered, a blog for Georgia politics, has this commentary on SB 359, which would make it far easier for a party that is already qualified statewide to be able to also run candidates for district and county office. Thanks to Third Party Daily for the link.

Poll Suggests Greens Leading in One British Parliamentary District

February 8th, 2010

This newspaper story from Great Britain says a neutral poll suggests that the Green Party will win its first seat in the British Parliament. Thanks to Green Party Watch for the link. Britain will hold a general election sometime in April, May, or June 2010.

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Welcome to the OFFICIAL online home of Ballot Access News, a non-partisan newsletter reporting on the trials and tribulations of folks trying to put candidates on the ballot in the United States of America. There are many surprisingly restrictive ballot access laws in this country, which the average voter has no knowledge or conception of; part of our purpose here (besides reporting on progress made) is to report on these restrictive ballot access laws so that more people are aware of them. I hope you find these materials interesting and exciting; if you do, you can support the newsletter by subscribing!

Ballot Access News is edited and published by Richard Winger, the nation's leading expert on ballot access legal issues.

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  • Politics, Soviet-style by S. Philip Gordon, regarding recent ballot access issues in Georgia – the US state, not the Russian territority!

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Other information:

  • Here's how to subscribe to Ballot Access News!

  • Here's information on Presidential Ballot Access as well as the vote totals of recent Presidential elections.

  • Here are some other sites which may also be of interest:

    Project Vote-Smart

    Project Vote Smart is a citizens' organization dedicated to serving all Americans with accurate and unbiased information for electoral decision-making. It was inaugerated in 1992 by former US Presidents Jimmy Carter, Gerald Ford, and other leaders. Its webpage offers information about all ballot-listed candidates for all federal and state office.
    [Added:040729]

    The ACE Project
    An interesting site concerning itself with the "Administration and Cost of Elections", including issues of fairness and regulatory approaches in various countries. They seem to be almost blind to the ways that third parties in the USA are harmed by campaign finance rules crafted for the problems characteristic of the larger parties, or the ways that third parties would be disenfranchised by various proposed rules, but this is nevertheless a useful resource, particularly for the international comparisons it makes.
    [Added:001206]

    "Unofficial" B.A.N. Page

    At first, it looks like there's not much here. But then you follow the "Charts" link, and click on one of the listed candidates, and you'll get some truly wonderful nationwide maps of voting patterns.
    [Checked:991014]

    ThirdPartyNews.net

    A site that covers news about minor parties.
    [Checked:060414]

    Third Party Central

    Collects lots of good information and links relating to various third parties into one convenient location. Nice set of writings on why one should vote third-party.
    [Checked:991014]

    Atlas of U.S. Presidential Elections

    A surprisingly complete listing of votes cast in Presidential elections, including numerous third-party candidates and nice maps of vote distribution by state and (on the individual state pages) by county.
    [New-URL:010309]

    D.C.'s Political Report

    Very good presentation of candidate and party information, including virtually every known third-party group in the USA. Election results, candidate information, etc.
    [Updated:991214]

    Initiative For Texas

    A group trying to establish the right to Initiative and Referendum in Texas. Their work has intriguing parallels and overlaps with ballot access work. Every page at the site seems to have some music on it, which can get annoying after awhile, but otherwise it's an interesting site.
    [Checked:991014]

    Center for Voting and Democracy

    Folks concerned with alternative voting systems, and related issues, from a moderately leftist perspective. Useful articles describing how better systems of voting and electing actually work.
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