Ballot Access News -- December 5, 2000

Volume 16, Number 9

This issue was originally printed on white paper.

Table of Contents
  1. CONGRESSIONAL CANDIDATE NEED NOT BE REGISTERED
  2. FLORIDA VOTE TALLY
  3. ELECTORAL COLLEGE
  4. DEMS, REPS FAILED TO NOMINATE IN 2000 (table)
  5. TEXAS LOSS
  6. PRESIDENTIAL TOTALS
  7. 2002 REQUIREMENTS (table)
  8. 2000 REGISTRATION TOTALS (table)
  9. U.S. SENATE VOTE (table)
  10. U.S. SENATE PERCENTAGES (table)
  11. GUBERNATORIAL VOTE (table)
  12. GUBERNATORIAL PERCENTAGES (table)
  13. DISOBEDIENT ELECTORS IN HISTORY
  14. Subscription Information

CONGRESSIONAL CANDIDATE NEED NOT BE REGISTERED

10th CIRCUIT AGREES WITH 9th CIRCUIT; COLORADO LAW IS VOID

On November 30, the 10th circuit ruled that Colorado cannot require candidates for Congress to be registered voters. Campbell v Davidson, 99-1257. The decision was written by Judge Robert Henry, a Clinton appointee; and co-signed by Judge Mary Briscoe, a Clinton appointee, and Wayne Alley, a Reagan appointee. Assuming the decision is not reversed by a rehearing or by the U.S. Supreme Court, it also invalidates laws in New Mexico, Oklahoma and Wyoming, since those states are in the 10th circuit and also require congressional candidates to be registered voters.

The 9th circuit (which covers the other western states) had made a similar ruling back on June 20, in a California case. California is seeking U.S. Supreme Court review (Jones v Schaefer, 00-675), and the U.S. Supreme Court will probably say in January whether it will grant review.

The Colorado law is very restrictive. It says, "No person shall be placed in nomination by petition unless the person is an eligible elector of the political subdivision or district in which the officer is to be elected and unless the person was registered as unaffiliated, as shown on the books of the county clerk, for at least 12 months prior to the last date the petition may be filed".

In 1982 that law was used to disqualify Eileen Thournir, a Socialist Workers Party candidate for U.S. House, because she had moved into Colorado (from California) during the one year prior to the filing deadline. Even though she had been registered as a member of the Socialist Workers Party in California during the first part of that period, and as an independent ever since she had registered to vote in Colorado (since Colorado at the time didn't permit people to register as members of minor parties), she was kept off the ballot.

In effect, the Colorado law requires a candidate for Congress to have lived in the state for a full year before filing a petition to get on the ballot. Nevertheless, Thournir's lawsuit against the law failed, in an ACLU action which dragged on for eight years.

The reason the new Campbell case won, whereas the old Thournir case lost, is that in 1995 the U.S. Supreme Court ruled in U.S. Term Limits v Thornton that neither states nor Congress may add to the list of qualifications (contained in the U.S. Constitution) to be eligible for election to Congress. Since the Constitution doesn't require a candidate for Congress to have lived in the state prior to election day, states cannot add such a requirement.

Eventually, the Campbell and Schaefer decisions, as well as others which are likely to win, may make it possible for lawsuits against extremely onerous ballot access petition requirements to prevail, on the grounds that these petition requirements are not just procedures, but do in fact add to the qualifications. So far, the Campbell and Schaefer decisions are the only ones striking down barriers to candidacy (on Article I grounds) since the 1995 term limits case.


FLORIDA VOTE TALLY

Election contest lawsuits (court fights over which candidate won a close election) are common for local offices. Occasionally they occur for statewide offices, such as one in New Hampshire in 1974, when the U.S. Senate election there resulted in a two-vote victory for the Republican nominee (later, both sides agreed to hold a new election).

The battle over the presidential vote in Florida has resulted in 44 lawsuits (as of December 4th). Here are the most important ones:

1. Bush v Palm Beach County Canvassing Board, 00-836, remanded by the U.S. Supreme Court back to the Florida Supreme Court on December 4. The issue is the deadline by which counties had to certify their votes.

2. Gore v Harris, cv 00-2808, in which the Florida Circuit Court, 2nd district, ruled on December 4 that Gore is not entitled to a recount in certain counties. An appeal in the State Supreme Court is pending.

3. Taylor v Martin County Canvassing Board, cv 00-2850, in Florida Circuit Court, 19th district, over whether absentee votes should be excluded because Republican Party workers were allowed to remove absentee ballot applications from public offices and add missing data to them.

4. Jacobs v Seminole County Canvassing Board, cv-00-2816, 18th district, is similar to case #3.

5. Fladell v Palm Beach County Canvassing Board, SC 00-2373, in which the Florida Supreme Court upheld the format of the Palm Beach County ballot on December 1.

6. Siegel v LePore, 00-15981, the Republican case now pending in the U.S. Court of Appeals, 11th circuit, to stop recounts in certain counties.

Briefs and decisions in these cases may be seen at http://www.findlaw.com/ Click on the box which says, "Election Center 2000; Florida Deadlock."


ELECTORAL COLLEGE

Recently, articles about "faithless electors" have appeared. Some of these articles say that only 7 times in history have presidential electors failed to support their own party's national nominees; others say the number is 9. Also, these articles always say that the "faithless electors" have never affected the outcome.

These assertions are all erroneous. See the article at the end of this issue for details.


DEMS, REPS FAILED TO NOMINATE IN 2000 (table)

In November 2000, either the Democrats or the Republicans failed to run a candidate in 40.6% of all state legislative contests.

2000 was not atypical. In 1998, there was no Democrat or no Republican in 41.1% of the state legislative races; in 1996, 32.7%; in 1994, 35.8%; in 1992, 32.8%.

STATE SEATS NO D NO R
Alaska 50 12 5
Arizona 90 21 21
Arkansas 117 18 67
California 100 1 1
Colorado 83 16 9
Connecticut 187 34 37
Delaware 52 10 13
Florida 141 38 23
Georgia 236 62 94
Hawaii 65 4 13
Idaho 105 53 5
Illinois 139 34 47
Indiana 125 33 26
Iowa 125 17 22
Kansas 165 45 19
Kentucky 119 24 51
Maine 186 6 24
Massachusetts 200 18 126
Michigan 110 1 1
Minnesota 201 13 4
Missouri 180 35 51
Montana 126 19 16
Nevada 52 8 7
New Hampshire 424 110 53
New Mexico 112 24 26
New York 211 31 35
North Carolina 170 34 34
North Dakota 74 0 1
Ohio 116 8 12
Oklahoma 125 27 22
Oregon 75 4 14
Pennsylvania 228 65 48
Rhode Island 150 4 83
South Carolina 170 58 46
South Dakota 105 28 3
Tennessee 115 31 40
Texas 166 59 58
Utah 89 12 5
Vermont 180 29 21
Washington 123 11 17
West Virginia 117 3 47
Wisconsin 115 22 25
Wyoming 75 29 9
TOTAL 5,894 1,112 1,280

Seven states did not elect partisan legislators in 2000 and are omitted.

"No R" means the number of seats with no Republican candidate; "No D" means the number with no Democratic candidate.

When any major party nominee won the other major party's nomination as well as his or her own party's nomination, the opposing party is considered not to have a nominee.


TEXAS LOSS

On October 25, the 5th circuit ruled that the constitution does not require Texas to let minor parties qualify in just a single legislative or U.S. House district, if the party is unable to qualify statewide. Holmes v Gonzales, 99-50997. The decision is one page and merely says, "We agree with the district court that this requirement (that a party qualify statewide, or countywide, but not in a single district) is narrowly tailored toward ensuring that a party seeking to place district candidates on the ballot has a modicum of support within the state."

None of the three judges who sat on the panel was willing to acknowledge having written this inadequate decision, but the three are Thomas Reavley, a Carter appointee; and E. Grady Jolly and Edith Jones, Reagan appointees. The case had been brought at great expense by the Constitution Party, which was unable to qualify statewide in 1998 but wanted to run a single U.S. House and a single legislative candidate.


PRESIDENTIAL TOTALS

As of December 4, some states had announced their official vote totals; others weren't done but were publicly releasing running totals as they worked to finish; and some states hadn't released any figures at all. Using Associated Press figures for the latter category of states, and the latest state figures for the other states, the current figures are: Gore 50,422,431; Bush 50,076,492; difference 345,939.

The official figures for the entire nation won't be known until December 15, when Ohio will release its totals. B.A.N. will carry the official figures by state in January.


2002 REQUIREMENTS (table)

STATE 1998 2002
Alabama 35,973 39,536
Alaska 2,453 2,410
Arizona 18,726 20,427
Arkansas 21,506 21,181
California (reg) 89,007 (reg) 86,212
Colorado 1,000 1,000
Connecticut 7,500 7,500
Delaware (reg) 224 (reg) *250
Florida 242,337 0
Georgia 38,113 38,600
Hawaii 5,450 638
Idaho 9,835 10,033
Illinois 25,000 25,000
Indiana 29,822 30,717
Iowa 1,500 1,500
Kansas 16,418 14,854
Kentucky 5,000 5,000
Louisiana (reg) 126,962 (reg)139,146
Maine 4,000 4,000
Maryland 85,752 *36,000
Massachusetts 10,000 10,000
Michigan 30,891 30,272
Minnesota 2,000 2,000
Mississippi 0 0
Missouri 10,000 10,000
Montana 10,097 5,000
Nebraska 5,741 5,453
Nevada 4,498 250
New Hampshire 3,000 3,000
New Jersey 800 800
New Mexico 8,343 7,482
New York 15,000 15,000
North Carolina 51,324 58,842
North Dakota 7,000 7,000
Ohio 45,345 45,753
Oklahoma 60,336 61,712
Oregon 18,282 16,663
Pennsylvania 24,390 *23,000
Rhode Island 1,000 1,000
South Carolina 10,000 10,000
South Dakota 7,792 6,505
Tennessee 37,179 24,406
Texas 43,963 37,381
Utah 300 1,000
Vermont 0 0
Virginia 17,983 10,000
Washington pri vote 10,444 pri *11,000
West Virginia 5,957 11,864
Wisconsin 2,000 2,000
Wyoming 8,000 4,247
SIGNATURES 991,606 669,026
MEMBERS 216,193 225,599
PRIMARY VOTES 10,444 11,000
TOTAL 1,218,243 905,625

This shows what a new party needs to put a statewide candidate on the November ballot with a party label, for both 1998 and 2002. * estimate.


2000 REGISTRATION TOTALS (table)

Dem. Rep. Indp. & Misc. Constit. Lib't. Green Reform Nat Law other
Alaska 76,561 116,059 248,374 5 6,884 4,260 58 7 21,440
Arizona 830,904 942,078 382,068 ? 12,576 3,807 1,588 101 - -
California 7,134,588 5,485,467 2,325,962 321,838 94,937 138,695 79,152 58,275 68,345
Colorado 854,409 1,014,960 980,582 300 4,259 2,900 204 1,209 - -
Connecticut 701,017 485,593 842,232 131 682 1,046 536 ? 389
Delaware 214,515 171,447 115,228 291 738 473 295 334 351
D. Columbia 271,380 26,485 51,243 ? ? 4,088 ? ? 1,214
Florida 3,803,081 3,430,238 1,495,422 94 9,462 2,728 4,672 669 351
Iowa 567,180 591,717 691,047 - - - - - - - - - - - -
Kansas 449,297 734,771 424,349 2,701 9,976 - - 1,888 - - - -
Kentucky 1,539,562 846,621 170,630 ? ? ? ? ? - -
Louisiana 1,668,872 613,107 497,035 17 1,016 393 2,408 23 58
Maine 280,987 265,889 330,430 ? ? 2,152 2,879 ? - -
Maryland 1,547,111 805,893 356,481 57 4,021 973 824 ? - -
Massachusetts 1,460,881 546,333 1,973,380 17 16,071 1,576 2,495 73 232
Nebraska 392,344 537,605 153,088 - - 1,790 325 55 65 - -
Nevada 365,593 366,431 124,029 15,454 4,715 1,411 769 568 - -
New Hampshire 224,564 302,138 329,817 ? ? ? ? ? - -
New Jersey 1,179,577 876,386 2,654,805 - - - - - - - - - - - -
New Mexico 508,414 318,282 131,109 6 3,787 11,674 215 46 - -
New York 5,243,617 3,171,044 2,308,714 - - - - 12,121 - - - - 527,320
North Carolina 2,588,137 1,765,476 831,857 ? 6,909 ? 254 ? - -
Oklahoma 1,233,999 797,949 200,287 ? 703 ? 252 ? - -
Oregon 751,414 679,975 443,370 148 13,663 4,710 727 ? 968
Pennsylvania 3,736,304 3,250,764 756,763 7,918 30,248 ? ? ? - -
South Dakota 181,129 226,906 61,913 ? 1,074 ? 130 ? - -
West Virginia 659,833 309,970 97,058 ? 956 ? ? ? - -
Wyoming 63,994 133,927 21,853 ? 246 ? 7 35 - -
TOTAL 38,529,264 28,813,511 18,999,126 348,977 224,713 193,332 99,408 61,405 620,668
PERCENT 43.84 32.78 21.62 .40 .26 .22 .11 .07 .71

The parties in the "Other" column are: in Alaska, 19,346 Alaskan Independence and 2,094 Republican Moderate; Peace and Freedom in California; Independence in Connecticut; Independent Party in Delaware; Umoja in D.C.; these parties in Florida: Socialist 167, Socialist Workers 156, Workers World 28; Socialist in Louisiana; these parties in Massachusetts: Socialist 221, Prohibition 11; these parties in New York: Independence 197,246, Conservative 173,905, Liberal 95,207, Right to Life 53,107, Working Families 7,855; Socialist in Oregon.

All data is for September, October or November 2000, except Maine data, which is for June 2000. November 2000 data for Maine will be reported in the next issue. States not mentioned above do not provide for voters to register into parties, when they register to vote. Rhode Island registration forms ask the voter to choose a party, but the state does not keep track of how many people join any party. Utah switched to a system in which voters register into parties this year, but the state as yet has no data on how many registrants any party has. A court this year ordered New Jersey to let voters register into unqualified parties, but the decision is being appealed, and in the meantime the lower court order is not in effect.

Dashes mean that the voters are not permitted to register into a particular party, since the particular party is not, or was not, qualified in that state, and the state won't let people register into unqualified parties. A question mark means that the state has not tabulated the number of registrants in a particular party.

Totals in November 1998 were: Dem. 37,425,660 (44.94%), Rep. 27,695,767 (33.26%), Indp. & misc. 16,804,922 (20.18%), Constitution (then called US Taxpayers) 317,510 (.38%), Reform 245,831 (.30%), Libertarian 179,255 (.22%), Green 118,537 (.14%), Natural Law 70,032 (.08%), other parties 424,101 (.51%).


U.S. SENATE VOTE (table)

Dem. Rep. Libt. Green Consti. Reform Nat Law Soc Wkr other indp.
Arizona 0 1,108,196 70,724 108,926 109,230
California 5,889,942 3,849,194 186,006 322,378 133,357 95,732 58,034
Connecticut 828,902 448,077 8,773 25,509
Delaware 181,566 142,891 1,103 1,044 389
Florida 2,989,487 2,705,348 17,338 26,087 118,383
Georgia 1,413,224 920,478 21,249 109,230
Hawaii 251,215 84,701 3,127 2,360 4,220
Indiana 683,273 1,427,944 33,992
Maine 197,183 437,689
Maryland 1,229,872 715,108
Massachusetts 1,880,261 333,535 307,135 41,405 15,296 8,473
Michigan 2,061,952 1,994,693 29,966 37,542 11,628 26,274 5,630
Minnesota 1,181,553 1,047,474 6,588 8,915 12,956 162,030
Mississippi 293,332 624,602 7,871 7,097 8,913
Missouri 1,191,812 1,142,852 10,198 10,612 4,166 1,933
Montana 194,430 208,082 9,089
Nebraska 329,914 317,863
Nevada 238,260 330,687 5,395 10,286 2,540 1,579
New Jersey 1,457,081 1,360,758 7,024 31,533 18,933 3,219 6,894 13,993
New Mexico 363,522 225,176
New York 3,422,027 2,681,221 5,032 37,455 4,683 4,103 63,008
North Dakota 176,470 110,420
Ohio 1,545,861 2,599,548 113,864 69,152 23
Pennsylvania 2,132,620 2,468,069 45,918 28,392 24,924
Rhode Island 164,634 225,887 4,318 3,745
Tennessee 621,152 1,255,444 25,815 25,943
Texas 2,030,315 4,082,091 72,798 91,448
Utah 242,569 504,803 10,394 11,938
Vermont 73,352 189,133 3,843 6,366 15,445
Virginia 1,296,093 1,420,460
Washington 1,199,437 1,197,208 64,734
West Virginia 462,917 118,093 12,182
Wisconsin 1,563,238 940,744 21,348 4,296 9,555
Wyoming 47,087 157,622 8,950
TOTAL 37,834,553 37,376,091 1,036,965 697,244 264,129 209,450 180,741 20,301 262,174 415,410

Notes: "Other" vote for U.S. Senate in Minnesota: Independence 140,583, Grassroots 21,447. New Jersey: Conservative 3,536, Socialist 3,358. New York: Independence 42,308, Right to Life 20,700. Vermont: Grassroots 4,889, Liberty Union 1,477. Utah: Independent American. Delaware: Independence Party. West Virginia: Mountain Party. (New York vote for minor parties which cross-endorsed major parties is still unknown).

Some of these figures are official; others are not.


U.S. SENATE PERCENTAGES (table)

Dem. Rep. Libt. Green Consti. Reform Nat Law Soc Wkr other indp.
Arizona 79.32 5.06 7.80 7.82
California 55.91 36.54 1.77 3.06 1.27 .91 .55
Connecticut 63.21 34.17 .67 1.95
Delaware 55.53 43.70 .34 .32 .12
Florida 51.04 46.19 .30 .45 2.02
Georgia 58.20 37.91 .88 3.01
Hawaii 72.68 24.51 .90 .68 1.22
Indiana 31.85 66.56 1.58
Maine 31.06 68.94
Maryland 63.23 36.77
Massachusetts 72.71 12.90 11.88 1.60 .59 .33
Michigan 49.47 47.86 .72 .90 .28 .63 .14
Minnesota 48.83 43.29 .27 .37 .54 6.70
Mississippi 31.15 66.32 .84 .75 .95
Missouri 50.47 48.39 .43 .45 .18 .08
Montana 47.24 50.55 2.21
Nebraska 50.93 49.07
Nevada 40.47 56.17 .92 1.75 .43 .27
New Jersey 50.25 46.93 .24 1.09 .65 .11 .24 .48
New Mexico 61.75 38.25
New York 55.04 43.12 .08 .60 .08 .07 1.01
North Dakota 61.51 38.49
Ohio 35.71 60.06 2.63 1.60
Pennsylvania 45.38 52.51 .98 .60 .53
Rhode Island 41.30 56.67 1.08 .94
Tennessee 32.21 65.10 1.34 1.35
Texas 32.35 65.04 1.16 1.46
Utah 31.51 65.58 1.35 1.55
Vermont 25.46 65.64 1.33 2.31 5.36
Virginia 47.71 52.29
Washington 48.73 48.64 2.63
West Virginia 78.04 19.91 2.05
Wisconsin 61.56 37.05 .84 .17 .38
Wyoming 22.04 73.77 4.19
MEDIAN 49.47 48.52 .98 1.22 .43 .64 .50 .11 - - - -


GUBERNATORIAL VOTE (table)

Dem. Rep. Libt. Reform Green Consti. Nat Law Prog. other indp.
Delaware 191,695 128,603 3,271
Indiana 1,232,525 908,285 38,458
Missouri 1,152,752 1,131,307 11,274 4,916 9,008 3,142 34,431
Montana 193,131 209,135 7,926
New Hampshire 275,038 246,952 6,446 35,904
North Carolina 1,530,324 1,360,960 42,674 8,104
North Dakota 130,144 159,255 8
Utah 321,979 424,837 14,990
Vermont 148,059 111,359 785 28,116 1,696 3,202
Washington 1,441,973 980,060 47,819
West Virginia 319,819 301,114 5,503 1,403 10,204
TOTAL 6,937,439 5,961,867 160,100 13,020 9,008 3,150 1,403 28,116 30,161 73,537

Some of these figures are official; others are not.


GUBERNATORIAL PERCENTAGES (table)

Dem. Rep. Libt. Reform Green Consti. Nat Law Prog. other indp.
Delaware 59.24 39.75 1.01
Indiana 56.56 41.68 1.76
Missouri 49.12 48.21 .48 .21 .38 .13 1.47
Montana 47.08 50.98 1.93
New Hampshire 48.74 43.76 1.14 6.36
North Carolina 52.02 46.26 1.45 .28
North Dakota 44.97 55.03
Utah 42.27 55.77 1.97
Vermont 50.49 37.98 .27 9.59 .57 1.09
Washington 58.38 39.68 1.94
West Virginia 50.12 47.19 .86 .22 1.60
MEDIAN 50.12 46.26 1.30 .25 .38 .13 .22 9.59 - - - -


DISOBEDIENT ELECTORS IN HISTORY

Presidential electors have frequently voted for someone for president or vice-president, who was different than their own party's nominees. In 1836, these "disobedient electors" actually changed the outcome, and deadlocked the Electoral College for vice-president.

That year, all 23 Democratic electors from Virginia refused to vote for their own party's vice-presidential candidate, Richard M. Johnson of Kentucky, because he had lived with an African-American woman and fathered two daughters with her. The Virginia electors voted instead for William Smith of Alabama. As a result, no one received a majority of the electoral college vote, and the Senate had to pick the new vice-president (they chose Johnson).

There have been many other instances of electors voting for someone other than his party's nominees:

1. In 1808, six Democratic-Republican electors refused to vote for the party's presidential candidate, James Madison, and instead voted for George Clinton for president (Clinton was the party's v-p nominee).

2. In 1812, three Federalist electors refused to vote for the party's vice-presidential candidate, Jared Ingersoll, and instead voted for Elbridge Gerry, who was the Democratic-Republican Party's candidate for vice-president.

3. In 1820, one Democratic-Republican elector refused to vote for his party's presidential nominee, James Monroe, and instead voted for John Quincy Adams, who wasn't a candidate.

4. In 1828, seven of Georgia's nine Democratic electors refused to vote for the party's vice-presidential candidate, John Calhoun of South Carolina, and instead voted for William Smith, another South Carolinian.

5. In 1832, Pennsylvania's 30 Democratic electors refused to vote for the party's vice-presidential candidate, Martin Van Buren, and instead voted for William Wilkins of Pennsylvania.

5a. The events of 1836 were described above.

6. In 1872, 63 of the 66 Democratic electors refused to vote for the party's presidential candidate, Horace Greeley, because he had died on November 29, 1872.

7. In 1896, the Peoples Party and the Democratic Party had run the same presidential candidate (William Jennings Bryan) but different vice-presidential candidates. Four of the Peoples Party electors who had promised to vote for the Peoples Party candidate for vice-president, Thomas Watson, instead voted for the Democratic vice-presidential candidate, Arthur Sewall. Watson ended up with only 27 electoral votes, instead of the 31 he was expecting.

8. In 1912, all eight Republican electors had pledged to vote for James S. Sherman, but since he died on October 30, they instead all voted for Nicholas Murray Butler.

9. In 1948, two Tennessee electors had been nominated by two parties (Democratic and States Rights), each with a different presidential candidate (the Democratic Party of Tennessee had foolishly nominated them early in the year, before the party split in July). Both said that if elected, they would vote for Strom Thurmond. They were elected, but only one voted for Thurmond; the other voted for Truman.

10. In 1956, an Alabama Democratic elector refused to vote for Adlai Stevenson for president, and instead voted for Walter B. Jones, an Alabama judge.

11. In 1960, an Oklahoma Republican elector refused to vote for Richard Nixon, and instead voted for Harry F. Byrd of Virginia.

12. In 1968, a North Carolina Republican elector refused to vote for Richard Nixon, and instead voted for George Wallace.

13. In 1972, a Virginia Republican elector refused to vote for Nixon, and instead voted for the Libertarian presidential candidate, John Hospers.

14. In 1976, a Washington Republican refused to vote for Gerald Ford, and instead voted for Ronald Reagan.

15. In 1988, a West Virginia Democrat refused to vote for Michael Dukakis for president, and instead voted for the party's vice-presidential candidate, Lloyd Bentsen, for president.

This year, the electoral college votes on December 18.


Ballot Access News. is published by and copyright by Richard Winger ban.AT.igc.org. Note: subscriptions are available!
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Compilation copyright (c) 2000 Bob Bickford