California Supreme Court Rules in Favor of State Senate District Boundaries Drawn by Redistricting Commission

January 27th, 2012

On January 27, the California Supreme Court issued this opinion on redistricting. The court ruled that the State Senate district boundaries in force in 2012 will be the boundaries drawn by the Redistricting Commisison. Thus, the Republican Party-backed referendum petition against those districts will have no effect in 2012.

The decision is unanimous, although Justice Goodwin Liu wrote separately to criticize some of the reasoning in the majority opinion.



Lyndon LaRouche Organization Continues Running Candidates in Democratic Primaries

January 27th, 2012

Ever since 1979, Lyndon LaRouche has held himself out as a Democrat, and his organization has recruited candidates for Congress and other important office to run in Democratic Party primaries. The organization continues this activity. Here is a story about the LaRouche organization’s candidate for the Democratic nomination in the New Jersey U.S. House race, 5th district. The candidate is Diane Sare. The LaRouche organization’s biggest visibility in recent years has been its large posters, displayed in public places, showing President Obama with a Hitler-like moustache.

Virginia Legislative Committee Passes Bill to Allow Write-in Votes in Primaries

January 27th, 2012

On January 26, the Virginia House Privileges and Elections Committee passed HB 1132, to allow write-in votes in primaries. Virginia already permits write-in votes in general elections. It is ironic that at the same time Virginia is adding write-in space on some ballots, the California legislature is about to pass AB 1413, which eliminates write-in space on general election ballots for Congress and state office.

The Virginia committee vote was 19-3. The only three “no” votes were two Republican delegates, Jackson H. Miller and Israel O’Quinn; and one Democrat, J. M. Scott.

The same Virginia committee also defeated HB 769, which would put party labels on general election ballots for local partisan office. Currently, parties in Virginia nominate candidates for many local offices, but no party labels appear on the ballot for these local offices. Other states in which parties nominate candidates for certain offices, but party labels are omitted from the general election ballot, are judicial races in Michigan and Ohio.

Before 2001, Virginia even omitted party labels from the November ballot for Congress and state office.

Arizona Implements New Law to Let Candidates for State Office Obtain Up to 50% of their Signatures On-Line

January 27th, 2012

In 2011, the Arizona Secretary of State’s omnibus election law bill, HB 2304, included a section to let voters sign nominating petitions on-line. Arizona implements this new law on February 1. Candidates seeking a place on a party primary ballot, and independent candidates seeking to get on the November ballot, may collect up to 50% of their signatures on-line. Voters sign an on-line petition by using the Secretary of State’s web page.

This procedure does not apply to initiative petitions, or petitions for federal office, or petitions to qualify a new party. If the process seems successful, it may be expanded to include those petitions. Thanks to Eli Kaminsky for this news.

Two Pennsylvania Supreme Court Justices Criticized for Out-of-State Trip Before Finishing Redistricting Opinion

January 27th, 2012

As noted earlier, on January 25 the Pennsylvania Supreme Court ruled that the legislative district boundaries are unconstitutional, but has not yet explained the basis for its opinion. State legislators feel they can’t work on a new plan until they understand what is wrong with the old plan. Two of the State Supreme Court Justices are now attending a conference in Puerto Rico. According to this story, legislative leaders are frustrated with these justices, because legislative leaders want the full opinion as soon as possible. Thanks to How Appealing for the link.

Georgia Hearing on Presidential Qualifications is Held, but Administrative Law Judge Issues No Decision So Far

January 26th, 2012

The Atlanta Journal-Constitution has this story about the January 26 hearing in Atlanta over presidential qualifications. The story seems to make an error when it refers to the November ballot. The hearing concerns what names should be on the Georgia Democratic presidential primary ballot on March 6.

California Assembly Elections Committee Passes Bill to Eliminate Write-in Space on General Election Ballots for Congress and State Office

January 26th, 2012

On January 26, the California Assembly Elections Committee unanimously passed AB 1413, which tweaks several aspects of the top-two system, and which also removes write-in space from November ballots for Congress and partisan state office. Some of the legislators appeared to believe that write-in space on the ballot is a good idea. But they still voted for the bill, apparently for two reasons: (1) California elections officials say the bill must pass quickly or they will not be able to administer the election. Some legislators fear that if the bill were amended to leave write-in space on the ballot and to provide that write-ins may be counted, the bill would lose support; (2) the proponents of top-two are vehemently opposed to allowing write-in space on the November ballot, at least in the 2012 election.

The primary funder for the legal defense of the top-two system, Dr. Charles Munger, Jr., attended the hearing, along with four attorneys who are with the law firm that has been defending the top-two system in court. Dr. Munger did not testify. But after the hearing, he spoke of his great satisfaction that in 2012, California voters in the general election for Congress and state office will be forced (if they vote at all) to vote for one of the two candidates listed on the ballot. He spoke disparagingly of voters who persist in voting for candidates who can’t win. This is an authoritarian approach to voting rights, and Dr. Munger seems to have no empathy for voters whose political values are such that they may not be able to vote for either of the two listed candidates. Of course, this approach to voting has the effect of reducing voter participation.

It is possible that a bill to restore write-ins will be introduced soon, but it could not take effect in time for the November 2012 election.

Roseanne Barr Will Seek Green Party Presidential Nomination

January 26th, 2012

Roseanne Barr has taken several steps to make it possible for her to seek the Green Party presidential nomination. She filed with the Federal Election Commission on January 25, and she has fulfilled the requirements of the Green Party to seek the nomination. She is a registered Green Party member in California, although she also has a home in Hawaii.

Tennessee Argues for Full Political Party Control Over Nominations Process

January 26th, 2012

On January 17, the 6th circuit heard arguments in Kurita v The State Primary Board of the Tennessee Democratic Party, the case over whether a political party can set aside the primary election results, and declare someone the nominee even though that person did not place first in the primary. In 2008, the party had refused to recognize the primary election victory of Rosalind Kurita, who won the primary for State Senate by 19 votes. The party charged that many voters who were loyal to the Republican Party had voted in the Democratic primary, and therefore the primary lacked validity. Also, the party was already hostile to Senator Kurita, because even though she had been elected as a Democrat, and continued to hold herself out as a Democrat, she had voted to organize the State Senate under Republican leadership.

The state took the position that the narrowness of the primary is irrelevant, and that it is also not relevant that some voters who were really not loyal to the Democratic Party participated in the primary. One judge asked if the party could have acted as it did if the margin had been 1,900 votes instead of 19 votes, and the response from the state was that this would have made no difference. The state also took the position that the 6th circuit does not have authority to order a new primary election, because the Tennessee Constitution forbids special legislative elections if less than a year remains in the term.

Procedural Victory in Lux Case on Petitioner In-District Residency Requirement

January 26th, 2012

On January 25, a U.S. District Court heard oral arguments in Lux v Judd, the case over Virginia’s law that makes it illegal for petitioners to circulate a U.S. House candidate’s petition if the circulator lives outside the district. The state argued that in the period since this case was filed, it finally decided to check the plaintiff-candidate’s petition (earlier, the state had refused to check the signatures). The candidate needed 1,000 signatures, and the state said it had determined that his petition only has 943 valid signatures. Therefore, the state argued that the candidate doesn’t have standing and the lawsuit should be dismissed without a ruling on the merits of the law.

The judge ruled from the bench that the candidate-plaintiff does have standing to challenge the law, and gave the state an opportunity to file a supplemental brief explaining why the law is needed. At the oral argument, the state said the law is needed to prevent fraud, and said it will flesh out this argument in its supplemental brief.

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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.
    [Added:000823]

The newsletter is published by and copyright by Richard Winger.