| This issue was originally printed on green paper. |
Five ballot access lawsuits have won in the last 20 days:
1. On September 28, a federal judge Con Cholakis ruled that the New York requirement that petitions must include the precinct number, and legislative district number, for all signers, is unconstitutional. As a result, the Libertarian Party qualified for the New York ballot. Schulz v Berman, no. 94-cv-1201, Nor. District.
2. On October 6, a mid-level state court in New York ruled that nonqualified parties must be given the same right to substitute new candidates (to replace old ones who resign) that major parties enjoy. As a result, the Independence Party will have a gubernatorial candidate, Tom Golisano, on the New York ballot. Cipolla v Golisano, State Supreme Court, Albany, no. 5756.
3. On October 3, federal judge Edward Nottingham struck down the Colorado requirement that third party and independent candidates for the state legislature must collect 1,000 valid signatures. The basis was that, since the law only requires 500 signatures for third party and independent candidates for U.S. House of Representatives, there can't be a good reason to require a larger number for the much smaller state legislative districts. Ptak v Meyer, no. 94-2250.
4. On September 27, the State Supreme Court of Colorado put an independent candidate for the legislature on the ballot, even though she had not been registered "Independent" for a year before turning in her signatures. Conte v Meyer, 94-SA-332. This corrects the injustice described on page 6 of the Sept. 20 Ballot Access News. The Court hasn't yet issued an explanation for its action.
5. A lower state court in Arkansas ruled that the Independent Party of Arkansas is a fully-qualified party and that its candidates should be put on the ballot. Lewis v West, no. 94-1073, Pulaski Circuit Court, 2nd div. Each case was hard-fought. The Colorado decision on the number of signatures was won in federal court, after the State Supreme Court had refused any relief on Sep. 22.
The New York ruling on substitution was made by a Republican judge, which was a pleasant surprise, since the Republican Party has been the prime force trying to keep the Independence Party off the ballot (New York mid-level judges are elected by the voters, in partisan elections).
The New York and Arkansas cases are not over. However, New York ballots have been printed with the names of the plaintiff-candidates on those ballots, so appeals are extremely unlikely to keep anyone off the ballot. The New York case on substitution is being appealed to the Appellate Division of the New York Supreme Court; the hearing was October 13. The New York federal decision will probably be appealed after the election.
The Arkansas case is pending in the State Supreme Court, but only on the subsidiary issue of which rival claimant for Governor should be on the ballot.
Each of these cases is significant. In New York, the decision that petition signatures need not include precinct numbers will vastly ease the petitioning burden. The other New York decision, on substitution, is even more significant. Unlike most decisions on election law from New York state courts, this decision is lengthy and discusses constitutional issues. Judge Robert Williams based his decision on statutory construction, but he expressed the opinion that the U.S. Constitution requires that unqualified parties must have the same generous period to substitute new candidates (until late September), that the fully-qualified parties have. Decisions on this issue are rare, so this one is important. At stake, among other things, is the right of third parties to choose a presidential candidate in the summer of presidential election years, rather than months earlier.
The New York substitution case arose because the Independence Party's original candidate for Governor, Richard Rosenbaum, quit the ticket on September 14. If the substitution case had not been won, the party would have been on the ballot for other office, but not Governor. Parties always want to run for Governor of New York, because only by polling 50,000 votes for Governor can they attain "party" status.
The Colorado cases may send a signal to the state, to stop making ballot access laws worse. Colorado has toughened ballot access four times in the last ten years. A 1985 change increased the number of signatures for county office, for Congress, and for non-presidential statewide office. A 1987 change made it illegal to circulate a single petition for a slate of statewide offices. A 1989 change raised the number of signatures for state legislative office, and again raised the number for county office, to 20% of the last vote cast (in small counties). A 1991 change made it easier to disqualify signatures on petitions.
On September 16, the 4th circuit issued a ruling in Cane v Worcester County, Maryland, 94-1579, the case in which the lower court had ruled that at-large elections for County Commissioner in that county violate the Voting Rights Act, and that cumulative voting should be used instead. The 4th circuit agreed that at-large elections in that county must go. But it gave the county another chance to say whether it wants single-member districts or cumulative voting. The county still refuses to do this, and on September 29 it filed for a rehearing.
1. Arkansas: On Sep. 23, the State Supreme Court ruled that a political party can "fire" one of its nominees, but only by going to Court first. Ivy v Republican Party, 94-1006. Dan Ivy had won the Republican primary for Attorney General this year, but afterwards he was convicted of wife-beating and the state party formally declared that his nomination was forfeit.
Ivy was not convicted by a jury even though he had demanded a jury trial, and he was appealing his conviction, and also the denial of a jury. Therefore, his conviction wasn't final. He sued the Republican Party to win back his status as a candidate, and he won, 4-3. The Supreme Court said that a party does have the power to remove a nominee, but it must get a court order to do so.
2. California: On Oct. 3, the U.S. Supreme Court refused to hear the government's appeal in Mark v Corwin, formerly known as Geary v Renne II. Thus, Election Code section 10012 has been invalidated. This is the law which makes it illegal for the government-printed Voters' Handbook ever to mention that a candidate for non-partisan office has been endorsed by a political party.
3. Delaware: On Sep. 8, the State Supreme Court confirmed that political parties can nominate non-members, if they wish. The State Board of Elections had already interpreted the law that way, but the Democratic Party challenged that decision after the Republican Party nominated a registered Democrat for State Senate earlier this year. Democratic Party v Dept. of Elections, no. 348 and no. 350. The Court did not explain its reasoning.
4. Minnesota: On Sep. 16, federal judge Michael J. Davis ruled that a party has no constitutional right to nominate the candidate of another party. The New Party had hoped to nominate Andy Dawkins for State House of Representatives, even though he was simultaneously the Democratic nominee for the same office. Twin Cities Area New Party v McKenna, no. 3-94-953.
5. Nevada: On Sep. 28, the Nevada Supreme Court issued the explanation for its decision of Sep. 6. That decision had been to let the qualified minor parties nominate candidates, even though they had not been members of their respective parties since September 1993. The Court explained its decision simply by interpreting the law; it didn't discuss the constitutional issue of whether parties have a First Amendment right to nominate non-members.
6. federal law (1): On Oct. 3, the U.S. Supreme Court refused to hear Freedom Republicans v Federal Election Commission, a case over whether federal civil rights laws apply to political parties.
(2): The Supreme Court is being asked to decide whether the federal Voting Rights Act prohibits a political party from nominating by convention and charging $45 for anyone to be a delegate. The lower court held that political parties aren't covered by the Act. Morse v Oliver North for US Senate Committee, 94-203. The lower court decision is reported at 853 F Supp 212 (W.D. Va.).
According to the Montgomery Advertiser of September 12, Jimmy Clark, Speaker of the Alabama House of Representatives, plans to introduce a bill next year to raise the number of signatures for third party and independent candidates from 1% of the last vote cast, to 5%.
Clark's address is Box 71, Eufaula, AL 36072. Clark is incensed that the Patriot Party nominated some candidates for public office this year by convention, who had already lost a major party primary for the same offices. B.A.N. readers are encouraged to write Clark and point out that the state is free to ban that practice, but that it doesn't mean that the number of signatures should be increased.
Alabama laws are already too difficult. The state is one of only 8 in which no third party or independent candidate for statewide office qualified this year (the others are Florida, Maryland, Mississippi, Nebraska, North Carolina, Washington and West Virginia; in Kentucky and Louisiana no statewide offices are up this year).
Before 1982, Alabama let any party remain on the ballot automatically, no matter how few votes it received, but now a vote of 20% is required for a party to remain on the ballot, the highest such requirement of any state.
Also, before 1971, no petition was required for a party to get on the Alabama ballot. That year, the legislature passed a 5,000 signature requirement, which was accidentally repealed in 1979. In 1982 the current requirement, 1% of the last vote cast, was passed (this is now about 12,000 signatures).
Since the requirements have been increased several times already, and since Alabama's ballot is uncrowded, there is no valid reason to increase the requirements again. Anyone who sends B.A.N. a copy of a letter from Rep. Jimmy Clark, commenting on ballot access, may receive a free 3-month extension of the subscription to B.A.N.
On July 7, federal judge Truman Hobbs ruled that a ban on card tables on public sidewalks is unconstitutional. International Caucus of Labor Committees v City of Montgomery, 856 F Supp 1552 (M.D. Alabama).
The LaRouche organization had set up a card table on an uncrowded, 5' city sidewalk in front of a post office. The table was 3' x 3' feet. It held literature and petitions. The decision stated that, in the absence of any showing of congestion, the city couldn't ban the table. The city is appealing to the 11th circuit, no. 94-6699.
On September 13, federal judge Shirley Kram ruled that Lenora Fulani cannot get any relief in court over being excluded from the general election 1992 presidential debates, because of a technicality. Fulani v Bentsen, 92cv-7182, Sou. Dist. of New York.
The issue is whether the IRS must revoke the tax-exempt status of the Commission on Presidential Debates, since the IRS code requires that tax-exempt organizations must be non-partisan. The Commission helps the Democratic and Republican Parties and injures all other parties, yet the IRS refuses to disturb the Commission's tax-exempt status (the Commission excludes presidential candidates unless they have a "realistic chance of winning").
Litigation in 1988 produced a disagreement as to whether an excluded candidate has standing to bring a lawsuit against the IRS. The 2nd circuit, in New York, ruled that such a candidate does have standing. The D.C. circuit ruled that she does not.
Naturally, in 1992, Fulani chose to sue the Commission in New York, since the law is favorable in that circuit. However, Judge Kram ruled that Fulani can't re-litigate in 1992 against the Commission in the 2nd circuit, since she already lost against the Commission in 1988 in D.C. This means that some other third party presidential candidate must be found, to sue the Commission in 1996 in the 2nd circuit (assuming that the Commission doesn't change its debates policy).
On September 13, a state judge ruled that Georgia law requiring the Commissioner of Agriculture to be a "practical farmer", violates the state Constitution. Harris v Cleland, E-29598, Superior Court, Fulton County. The decision puts the Libertarian candidate on the ballot for that office.
On September 20, a write-in candidate won the Republican primary for U.S. House of Representatives, in Washington state's 3rd district. The vote was Linda Smith, write-in, 34,038, 50.7%; Paul Phillips, on the ballot, 18,350, 27.3%; Tim Moyer, on the ballot, 14,782, 22.0%.
The outcome was unlucky for those who argue that congressional term limits, with a write-in loophole, violate the U.S. Constitution. To make this argument, term limits opponents argue that it is virtually impossible for anyone to be elected to Congress by write-in vote.
Californians will vote in March 1996 on an initiative which would let every voter vote in every party's primary, as is done in Washington. Proponents of the initiative seem oblivious to the fact that the U.S. Supreme Court has ruled that parties can decide for themselves, which voters may vote in that party's primary.
On August 31, independent U.S. Senate candidate John Jay Hooker of Tennessee filed a lawsuit in federal court, alleging that the present system of campaign finance violates the 14th amendment. Hooker v Sasser, no. cv-3-94-0705. A trial was held on September 23.
The first chart shows the number of third party and independent candidates on the ballot for Governor, 1969-1994. The second chart gives the same information for U.S. House of Representatives, 1970-1994.
There was a similar chart in the last issue for U.S. Senate, 1970-1994. However, it should have showed only one candidate in Virginia in 1994, not two, since independent candidate Doug Wilder withdrew since the last B.A.N. was printed. A revised U.S. Senate chart showing the correct figure for Virginia in 1994 is available to anyone who asks for it.
The charts show that third party and independent candidate activity this year is high for a mid-term year.
The charts also show that the ballot access laws of certain states are much too difficult.
| ST | 69-70 | 71-72 | 73-74 | 75-76 | 77-78 | 79-80 | 81-82 | 83-84 | 85-86 | 87-88 | 89-90 | 91-92 | 93-94 | TOTAL |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Al | 5 | - - - | 1 | - - - | 2 | - - - | 5 | - - - | 0 | - - - | 0 | - - - | 0 | 13
|
| Ak | 1 | - - - | 1 | - - - | 2 | - - - | 1 | - - - | 2 | - - - | 3 | - - - | 3 | 13
|
| Az | 0 | - - - | 0 | - - - | 2 | - - - | 1 | - - - | 1 | - - - | 0 | - - - | 1 | 5
|
| Ar | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | - - - | 0 | - - - | 1 | 2
|
| Ca | 2 | - - - | 2 | - - - | 2 | - - - | 3 | - - - | 3 | - - - | 3 | - - - | 3 | 18
|
| Co | 3 | - - - | 2 | - - - | 4 | - - - | 3 | - - - | 1 | - - - | 2 | - - - | 3 | 18
|
| Ct | 0 | - - - | 2 | - - - | 0 | - - - | 1 | - - - | 1 | - - - | 2 | - - - | 2 | 8
|
| De | - - - | 2 | - - - | 2 | - - - | 1 | - - - | 0 | - - - | 0 | - - - | 2 | - - - | 7
|
| Fl | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | 0
|
| Ga | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 1 | - - - | 0 | 1
|
| Hi | 0 | - - - | 0 | - - - | 3 | - - - | 1 | - - - | 0 | - - - | 2 | - - - | 2 | 8
|
| Id | 0 | - - - | 1 | - - - | 1 | - - - | 0 | - - - | 1 | - - - | 0 | - - - | 1 | 4
|
| Il | - - - | 2 | - - - | 5 | 3 | - - - | 2 | - - - | 3 | - - - | 1 | - - - | 1 | 17
|
| In | - - - | 3 | - - - | 2 | - - - | 1 | - - - | 2 | - - - | 0 | - - - | 1 | - - - | 9
|
| Ia | 1 | 1 | 1 | - - - | 2 | - - - | 2 | - - - | 0 | - - - | 1 | - - - | 4 | 12
|
| Ks | 2 | 1 | 1 | - - - | 2 | - - - | 3 | - - - | 0 | - - - | 1 | - - - | 0 | 10
|
| Ky | - - - | 2 | - - - | 0 | - - - | 0 | - - - | 1 | - - - | 0 | - - - | 0 | - - - | 3
|
| La | - - - | 0 | - - - | 0 | - - - | 1 | - - - | 3 | - - - | 0 | - - - | 2 | - - - | 6
|
| Me | 0 | - - - | 3 | - - - | 1 | - - - | 2 | - - - | 2 | - - - | 1 | - - - | 2 | 11
|
| Md | 1 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | 1
|
| Ma | 2 | - - - | 2 | - - - | 0 | - - - | 2 | - - - | 0 | - - - | 1 | - - - | 2 | 9
|
| Mi | 3 | - - - | 7 | - - - | 0 | - - - | 5 | - - - | 1 | - - - | 1 | - - - | 0 | 17
|
| Mn | 1 | - - - | 6 | - - - | 5 | - - - | 3 | - - - | 3 | - - - | 3 | - - - | 4 | 25
|
| Ms | - - - | 2 | - - - | 1 | - - - | 0 | - - - | 3 | - - - | 0 | - - - | 1 | - - - | 7
|
| Mo | - - - | 1 | - - - | 1 | - - - | 1 | - - - | 0 | - - - | 1 | - - - | 0 | - - - | 4
|
| Mt | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 1 | - - - | 1 | - - - | 0 | - - - | 2
|
| Ne | 1 | - - - | 1 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | 2
|
| Nv | 2 | - - - | 1 | - - - | 2 | - - - | 1 | - - - | 1 | - - - | 1 | - - - | 2 | 10
|
| NH | 1 | 1 | 0 | 0 | 3 | 1 | 1 | 0 | 0 | 1 | 1 | 1 | 1 | 11
|
| NJ | 5 | - - - | 10 | - - - | 14 | - - - | 11 | - - - | 5 | - - - | 4 | - - - | 17 | 66
|
| NM | 2 | - - - | 1 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 1 | 4
|
| NY | 4 | - - - | 6 | - - - | 5 | - - - | 5 | - - - | 4 | - - - | 5 | - - - | 4 | 33
|
| NC | - - - | 1 | - - - | 2 | - - - | 2 | - - - | 2 | - - - | 0 | - - - | 1 | - - - | 8
|
| ND | - - - | 0 | - - - | 1 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 2 | - - - | 3
|
| Oh | 2 | - - - | 1 | - - - | 3 | - - - | 3 | - - - | 0 | - - - | 0 | - - - | 1 | 10
|
| Ok | 1 | - - - | 0 | - - - | 3 | - - - | 1 | - - - | 2 | - - - | 1 | - - - | 1 | 9
|
| Or | 0 | - - - | 0 | - - - | 0 | - - - | 1 | - - - | 0 | - - - | 2 | - - - | 2 | 5
|
| Pa | 5 | - - - | 1 | - - - | 2 | - - - | 3 | - - - | 1 | - - - | 0 | - - - | 3 | 15
|
| RI | 1 | 1 | 0 | 2 | 1 | 0 | 2 | 0 | 1 | 0 | 0 | 3 | 1 | 12
|
| SC | 1 | - - - | 1 | - - - | 1 | - - - | 0 | - - - | 2 | - - - | 1 | - - - | 2 | 8
|
| SD | 0 | 0 | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 1 | 1
|
| Tn | 1 | - - - | 5 | - - - | 3 | - - - | 0 | - - - | 0 | - - - | 2 | - - - | 3 | 14
|
| Tx | 0 | 2 | 3 | - - - | 2 | - - - | 2 | - - - | 1 | - - - | 1 | - - - | 1 | 12
|
| Ut | - - - | 0 | - - - | 2 | - - - | 1 | - - - | 1 | - - - | 3 | - - - | 6 | - - - | 13
|
| Vt | 0 | 1 | 1 | 1 | 1 | 3 | 2 | 3 | 2 | 3 | 2 | 2 | 6 | 27
|
| Va | 3 | - - - | 1 | - - - | 1 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 1 | 6
|
| Wa | - - - | 3 | - - - | 6 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 9
|
| WV | - - - | 0 | - - - | 0 | - - - | 1 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 1
|
| Wi | 4 | - - - | 5 | - - - | 3 | - - - | 3 | - - - | 3 | - - - | 0 | - - - | 2 | 20
|
| Wy | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 0 | - - - | 1 | 1
|
| TOT | 55 | 23 | 66 | 25 | 73 | 12 | 69 | 16 | 40 | 9 | 42 | 21 | 77 | 528
|
| ST | 1970 | 1972 | 1974 | 1976 | 1978 | 1980 | 1982 | 1984 | 1986 | 1988 | 1990 | 1992 | 1994 | TOTAL |
|---|---|---|---|---|---|---|---|---|---|---|---|---|---|---|
| Al | 9 | 12 | 5 | 2 | 2 | 10 | 4 | 6 | 1 | 7 | 2 | 13 | 1 | 74
|
| Ak | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 2 | 1 | 5
|
| Az | 1 | 0 | 1 | 5 | 4 | 4 | 4 | 3 | 1 | 2 | 0 | 7 | 5 | 37
|
| Ar | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 0 | 1 | 0 | 3
|
| Ca | 32 | 20 | 26 | 15 | 15 | 47 | 37 | 36 | 38 | 38 | 33 | 79 | 50 | 466
|
| Co | 4 | 4 | 2 | 4 | 3 | 7 | 5 | 7 | 1 | 1 | 2 | 4 | 2 | 46
|
| Ct | 1 | 1 | 7 | 9 | 2 | 2 | 7 | 5 | 1 | 2 | 1 | 10 | 6 | 54
|
| De | 1 | 2 | 4 | 4 | 0 | 1 | 3 | 1 | 1 | 0 | 1 | 1 | 2 | 21
|
| Fl | 0 | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 9 | 0 | 11
|
| Ga | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1
|
| Hi | 0 | 0 | 0 | 4 | 3 | 2 | 3 | 2 | 2 | 2 | 2 | 2 | 3 | 25
|
| Id | 1 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 1 | 0 | 4 | 0 | 8
|
| Il | 0 | 1 | 3 | 4 | 1 | 1 | 3 | 1 | 1 | 2 | 7 | 6 | 2 | 32
|
| In | 0 | 1 | 2 | 3 | 8 | 2 | 5 | 11 | 11 | 0 | 0 | 4 | 1 | 48
|
| Ia | 3 | 1 | 2 | 5 | 2 | 6 | 1 | 0 | 0 | 1 | 1 | 4 | 7 | 33
|
| Ks | 3 | 5 | 5 | 5 | 1 | 2 | 4 | 4 | 0 | 0 | 0 | 4 | 0 | 33
|
| Ky | 1 | 3 | 6 | 3 | 3 | 4 | 6 | 2 | 3 | 1 | 1 | 1 | 1 | 35
|
| La | 2 | 1 | 2 | 3 | 2 | 1 | 5 | 1 | 2 | 0 | 7 | 4 | 4 | 34
|
| Me | 0 | 0 | 0 | 1 | 6 | 0 | 1 | 1 | 1 | 0 | 0 | 1 | 2 | 13
|
| Md | 2 | 0 | 0 | 2 | 0 | 0 | 0 | 2 | 0 | 0 | 1 | 1 | 0 | 8
|
| Ma | 1 | 5 | 6 | 8 | 6 | 3 | 2 | 2 | 3 | 2 | 2 | 17 | 3 | 60
|
| Mi | 7 | 18 | 50 | 59 | 7 | 23 | 20 | 13 | 10 | 19 | 12 | 29 | 24 | 291
|
| Mn | 2 | 3 | 3 | 10 | 3 | 5 | 4 | 3 | 2 | 3 | 0 | 16 | 2 | 56
|
| Ms | 2 | 4 | 6 | 3 | 4 | 2 | 3 | 2 | 0 | 2 | 0 | 3 | 1 | 32
|
| Mo | 6 | 2 | 2 | 3 | 3 | 0 | 2 | 2 | 1 | 5 | 0 | 6 | 6 | 38
|
| Mt | 0 | 0 | 0 | 0 | 0 | 0 | 2 | 1 | 0 | 0 | 0 | 1 | 1 | 5
|
| Ne | 1 | 0 | 0 | 1 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 3
|
| Nv | 0 | 0 | 1 | 2 | 1 | 1 | 1 | 2 | 1 | 2 | 2 | 4 | 3 | 20
|
| NH | 0 | 0 | 0 | 1 | 1 | 0 | 1 | 3 | 0 | 1 | 0 | 5 | 5 | 17
|
| NJ | 8 | 12 | 25 | 35 | 19 | 38 | 26 | 10 | 7 | 11 | 27 | 65 | 24 | 307
|
| NM | 0 | 0 | 2 | 1 | 0 | 0 | 0 | 2 | 0 | 1 | 0 | 1 | 2 | 9
|
| NY | 28 | 41 | 38 | 37 | 31 | 39 | 40 | 18 | 29 | 26 | 31 | 29 | 28 | 415
|
| NC | 2 | 2 | 4 | 8 | 3 | 2 | 12 | 1 | 0 | 0 | 0 | 9 | 0 | 43
|
| ND | 0 | 1 | 0 | 1 | 2 | 2 | 1 | 0 | 1 | 1 | 0 | 0 | 1 | 10
|
| Oh | 3 | 10 | 6 | 19 | 7 | 6 | 16 | 9 | 3 | 0 | 2 | 9 | 5 | 95
|
| Ok | 2 | 1 | 1 | 7 | 0 | 1 | 3 | 3 | 1 | 0 | 0 | 1 | 2 | 22
|
| Or | 0 | 0 | 0 | 3 | 1 | 1 | 0 | 0 | 0 | 0 | 2 | 1 | 6 | 14
|
| Pa | 23 | 6 | 7 | 18 | 8 | 16 | 17 | 9 | 7 | 6 | 1 | 11 | 9 | 138
|
| RI | 2 | 1 | 0 | 2 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 4 | 0 | 10
|
| SC | 3 | 0 | 4 | 3 | 2 | 3 | 2 | 6 | 1 | 2 | 1 | 3 | 1 | 31
|
| SD | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 3 | 1 | 5
|
| Tn | 3 | 5 | 3 | 7 | 3 | 1 | 3 | 0 | 4 | 1 | 10 | 23 | 8 | 71
|
| Tx | 0 | 5 | 6 | 10 | 2 | 11 | 29 | 1 | 8 | 14 | 2 | 14 | 24 | 126
|
| Ut | 2 | 2 | 3 | 1 | 5 | 3 | 1 | 5 | 3 | 3 | 5 | 7 | 3 | 43
|
| Vt | 1 | 0 | 1 | 0 | 1 | 1 | 4 | 3 | 3 | 4 | 2 | 4 | 4 | 28
|
| Va | 1 | 6 | 5 | 6 | 2 | 5 | 4 | 3 | 3 | 3 | 8 | 6 | 7 | 59
|
| Wa | 4 | 1 | 4 | 12 | 3 | 2 | 3 | 0 | 0 | 0 | 2 | 10 | 1 | 42
|
| WV | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 0 | 0 | 0 | 0 | 0 | 1
|
| Wi | 8 | 9 | 4 | 5 | 5 | 4 | 10 | 5 | 4 | 1 | 1 | 7 | 7 | 70
|
| Wy | 0 | 0 | 0 | 0 | 0 | 0 | 0 | 1 | 0 | 2 | 0 | 1 | 1 | 5
|
| TOT | 169 | 186 | 246 | 333 | 171 | 260 | 297 | 188 | 157 | 166 | 168 | 446 | 266 | 3,053
|
This year, some Libertarian candidates for state legislature in three states won a major party nomination as well as the Libertarian nomination. In Delaware, one registered Libertarian will be on the ballot in both the Libertarian and the Republican columns. In New Hampshire, one Libertarian will be listed as L, R, D; seven will be listed as L,D; and three as L,R. In Pennsylvania one will be listed as L,D.
To get the major party nominations in New Hampshire and Pennsylvania, the Libertarians had to win in the major party primaries by write-in vote. In Delaware, it is legal for non-members to file for the primary ballot.
The Sep. 20 B.A.N. reported the share of voters who will be able to vote for each nationally-organized party. Changes since then are: Libertarian: add New York and small parts of Maine and Rhode Island; delete most of Colorado; Patriot/Independence: add Alaska and Arkansas; Populist: delete Colorado; Socialist: add small part of Oregon; Communist: delete Illinois.
The deletions are because petitions were ruled insufficient. Additions are because of lawsuits, or because of previously unknown candidates.
One addition could still occur: there is a hearing in the Illinois Appellate Court on October 19, over the Independence Party's claim that it should be on the ballot since it was not ten minutes late to turn in its petitions. Reed v Ill. Bd. of Elections, no. 4-94-0778.
The number of U.S. House candidates on the ballot for each nationally-organized third party (with 1992 figure in parentheses) is: Libertarian 82 (126); Natural Law 32 (38); US Taxpayers 11 (10); Socialist Workers 7 (12); Green 7 (12); Patriot/Independence 5 (0); Workers League 4 (5); Grassroots 2 (4); Socialist 2 (0).
The Democratic Party of Vermont has no candidate this year for the U.S. House of Representatives. This is mostly because Vermont's independent member of the House, Bernard Sanders, is so popular with Democrats. Sanders is running for his third term as an independent.
Two figures associated with third parties ran for Governor in Democratic primaries during September. Jack Gargan, former leader of the Florida Independence Party, polled 232,757 votes, 27.8%. Lenora Fulani, also in a two-person race, polled 141,918 votes in New York, 20.5%.
In Hawaii, where voters are free to choose any party's primary ballot, this percentage of voters voted in each party's primary: Democrat 66.9%, Republican 19.3%, Best 12.3%, Green .8%, Libertarian .2%, non-partisan .7%. The Best Party is the party formed by Honolulu Mayor Frank Fasi this year.
In Washington, the LaRouche organization captured a Democratic nomination for congress, 8th district.
Louisiana already held its 1994 congressional election, on October 1. All seven incumbents were re-elected.
However, the four independent candidates did well:
District 1: In a race between a Democrat, a Republican and an independent, the independent polled 6.9%.
District 3: in a race between a Democrat and an independent, the independent polled 23.8%.
District 5: In a race between a Democrat, a Republican and an independent, the independent polled 4.0%.
District 7: In a race between a Democrat, a Republican and an independent, the independent polled 7.3%.
In the three races with both Democrats and Republicans in the race, independents polled 6.0%. In 1992 in similar Congress races in Louisiana, independents polled 5.6%.