January 1, 2005 Ė Volume 20, Number 9

This issue was originally printed on white paper.

Table of Contents

  1. DID THE DEMOCRATS ERR ON NADER?
  2. DISOBEDIENT ELECTOR GETS LITTLE NOTICE
  3. MONTANA SUPREME COURT UNSEATS JORE
  4. SAN DIEGO WRITE-INS
  5. OTHER LAWSUIT NEWS
  6. QUEBEC AND P.R.
  7. GOOD BILLS COMING
  8. BAD OHIO BILL PASSES
  9. DEMOCRATS TO STUDY PRIMARY DATES
  10. 2004 U.S. HOUSE VOTE
  11. DEMOCRATS WIN SENATE POPULAR VOTE
  12. 2004 U.S. SENATE VOTE
  13. 2004 GUBERNATORIAL VOTE
  14. GREEN PARTY ELECTION WINS
  15. LIBERTARIAN PARTY ELECTION WINS
  16. AMERICA FIRST PARTY WINS
  17. COFOE VETERAN DIES
  18. SUBSCRIBING TO BAN WITH PAYPAL


DID THE DEMOCRATS ERR ON NADER?

Before the November 2, 2004 election, the Democratic Party took legal action to keep Ralph Nader off the ballot in 18 states. A look at the election returns shows that John Kerry was not helped by this strategy, for three reasons:

  1. Voters in "battleground states" were smart enough on their own to vote for Kerry, not for Nader, if they wanted Kerry to win;
  2. People who did vote for Nader were just as likely to prefer Bush as to prefer Kerry, so keeping Nader off the ballot didnít help Kerry;
  3. The Democratic legal efforts to keep Nader off ballots were mostly failures anyway. Furthermore, they were unpopular.

Battleground States v. Safe States

Naderís share of the vote was far higher in states that were known to be safe for either Bush or Kerry, than in "battleground" states. Nader polled .67% of the total vote cast, in states where he was on the ballot. The states in which he polled percentages above his national average were entirely states that were "safe" for one of the major contenders. Naderís percentages in the states that were better for him than average were:

Alaska
1.63%
Vermont
1.44%
Montana
1.37%
New York
1.35%
Utah
1.22%
North Dakota
1.20%
Wyoming
1.13%
South Dakota
1.11%
Maine
1.09%
Rhode Island
1.07%
Connecticut
.82%
Washington
.81%
Kansas
.79%
Nebraska
.73%

In each of these states, the margin between Kerry and Bush was more than 7%. In most of them, it was above 15%.

Also, Nader write-ins were canvassed in 12 of the 14 states in which he received write-in votes. His best write-in tallies, as a percentage of the total vote cast, were:

Idaho
.19%
Massachusetts
.17%
California
.16%
Arizona
.14%
Texas
.12%

Again, none of these were battleground states. The only battleground states that provided a write-in tally were Pennsylvania, where Naderís percentage was only .05%, and Missouri, .07% (Ohio and Oregon were battleground states, but elections officials in those two states wonít reveal how many write-ins Nader polled). Other write-in tally states were Georgia, .07%, Illinois, .07%, Indiana, .05%, North Carolina .05%, and Virginia .07%.

Vote Analysis Within States

An analysis of the voter for Nader within each state shows that Nader received more support from areas that were relatively pro-Bush, than from areas that were pro-Kerry. When Naderís best county in each state is identified, three-fourths of the time it is a county that (relative to that state) is more pro-Bush. Following is a list of the best Nader counties, for all the states in which Nader was on the ballot. Alaska doesnít have counties, so the list uses legislative districts.

Following each county is that countyís Bush percentage, and then that stateís Bush percentage.

Clay, Alabama 70.3 62.5
Sitka, Alaska 54.1 61.2
Marion, Ark. 60.1 54.3
San Juan, Co. 44.4 51.7
Windham, Ct. 45.7 43.9
Kent, Del. 56.4 45.7
Sumter, Fl. 62.2 52.1
Emmet, Iowa 52.3 49.9
Rush, Ks. 68.5 62.0
Metcalfe, Ky. 63.6 59.5
St. Bernard, La. 65.7 56.7
Piscatquis, Me. 53.3 44.6
Howard, Md. 44.7 43.0
Keeweenau, Mi. 54.3 47.8
Cook, Minn. 45.1 47.7
Sharkey, Miss. 36.2 59.0
Mineral, Mt. 67.6 59.1
Butler, Neb. 72.5 66.0
Mineral, Nev. 58.0 50.7
Carroll, N.H. 51.8 49.0
Warren, N.J. 61.3 46.2
Sierra, N.M. 61.3 49.8
Ulster, N.Y. 43.1 40.2
Hettinger, N.D. 69.9 62.9
Washington, R.I. 42.5 38.9
Georgetown, S.C. 53.4 58.0
Fall River, S.D. 62.8 59.9
Perry, Tn. 48.3 56.8
Grand, Utah 51.1 71.5
Washington, Vt. 36.6 38.9
Ferry, Wash. 60.4 45.6
Lincoln, W.V. 49.4 56.1
Rusk, Wi. 50.3 49.4
Albany, Wy. 54.4

69.0

Nader was on the ballot in 34 states. In 25 (virtually three-fourths of those states), his strongest county was a county that was more pro-Bush than its own state. In other words, Naderís centers of strength were in disproportionately Republican areas.

The results above, showing that Nader centers of strength were mostly in places that were pro-Bush (relative to other places in that state), suggest that most Nader voters leaned more to Bush than to Kerry.

The vote cast for president in Naderís strongest counties, this time ignoring what state they were in, also supports the idea that Nader voters leaned toward Bush over Kerry. Nader polled over 2% of the vote in 21 counties. The vote in these counties was 279,541 Bush, 271,867 Kerry. Although these totals are close, they show more support for Bush. Note that polls just before the election also showed that Nader voters, if forced to choose between Kerry and Bush, slightly favored Bush.

The 21 best Nader counties, in order, were Grand, Utah (2.83%, his best); Sitka, Ak.; Hettinger, N.D.; Mineral, Mt.; Ulster, N.Y.; Washington, N.Y.; Tompkins, N.Y.; Cordova, Ak.; Essex, N.Y.; Oneida, N.Y.; Livingston, N.Y.; Seneca, N.Y.; Rensselaer, N.Y.; San Juan, Co.; Divide, N.D.; Clinton, N.Y.; Emmons, N.D.; Schoharie, N.Y.; Columbia, N.Y.; Delaware, N.Y.; and Oswego, N.Y.

Grand County is in southeast Utah. The main town is Moab. It was also Naderís best Utah county in 2000.

Legal Challenges Mostly Failed

A final reason that the Democratic strategy of keeping Nader off the ballot did not help them, was that these legal challenges mostly failed, even though Democrats hired some of the best election law attorneys in the nation. Democrats filed lawsuits or administrative challenges to keep Nader off the ballot in 18 states, but in only 4 states did these challenges succeed. The 18 states were: Arizona, Arkansas, Colorado, Florida, Illinois, Iowa, Maine, Michigan, Mississippi, Nevada, New Hampshire, New Mexico, Ohio, Pennsylvania, Virginia, Washington, West Virginia and Wisconsin. In five of these states (Arizona, Illinois, Ohio, Pennsylvania, and Virginia), Nader did fail to appear on the ballot. However, Democratic Party activity was beside the point in Virginia, where he failed because elections officials said he didnít have enough valid signatures. Thus, Democratic legal efforts only kept Nader off the ballot in 4 states.

Furthermore, the result of the Democratic legal activity was to give Nader publicity that he would not have had otherwise. Also, the challenges made Democrats appear to be hypocrites, since the Democratic mantra in 2000 had been, "Count every vote!" No poll appears to have been conducted, asking the votersí opinion of the challenges. But it is clear that some voters were offended by the challenges, since they were an attack on the right of voters to vote for the candidate of their choice.


DISOBEDIENT ELECTOR GETS LITTLE NOTICE

On December 13, one of the Minnesota Democratic presidential electors did not vote for John Kerry. Instead, he or she voted for John Edwards for president, as well as for vice-president. Edwards is the first person to receive an electoral vote for both president and vice-president since 1872, when B. Gratz Brown received 18 for president, and 47 for vice-president. Brown was the Democratic nominee for vice-president that year, but Horace Greeley, the Democratic nominee for president, died before the December meeting of the electors.

Neither the New York Times nor the Washington Post mentioned what happened in Minnesota. No one knows which elector was "unfaithful," since the votes were secret.


MONTANA SUPREME COURT UNSEATS JORE

On December 28, the Montana Supreme Court ruled that Rick Jore is not a member of the State House of Representatives. Big Spring v Jore, 04-851. The vote was 6-1. Jore would have been the first Constitution Party nominee to win a state legislative election.

The race in the 12th district had three candidates on the ballot, from the Constitution, Democratic and Republican Parties. The first count showed Jore beating the Democrat by one vote, with the Republican placing third. A recount showed a tie. The Democratic nominee, Jeanne Windham, then sued to invalidate seven of the Jore votes. Seven voters changed their minds while voting. They had apparently voted for the Republican, and then scratched out that choice, and voted for Jore.

The lower court felt that voter intent was clear, since three of the voters stepped forward and said that they indeed had voted for Jore. The Supreme Court did not explain its order, but said it would explain later. Jore would have been seated if the tie had been upheld, since the Governor had appointed him on December 16.


SAN DIEGO WRITE-INS

On December 27, San Diego City Attorney Michael Aguierre said he will issue an advisory opinion on whether 5,547 write-ins for Donna Frye are valid. If he says "Yes," and his opinion is upheld, then Frye wins. The 5,547 write-ins are in doubt because the voter wrote her in, but didnít mark the checkbox.

Without those write-ins, Frye loses to ballot-listed incumbent Mayor Dick Murphy. Murphy polled 157,938; Frye received 155,454 write-ins that are unquestionably valid.


OTHER LAWSUIT NEWS

Arizona: the Libertarian Party lawsuit over whether the party may prevent independent voters from voting in its primary is on hold, until the U.S. Supreme Court decides the Oklahoma Libertarian case (see Oklahoma entry below).

Minnesota: the State Supreme Court released its full opinion in the Independence Party case on November 10. Moore v Kiffmeyer, A04-1775. In September that Court had issued an order putting the partyís nominees on the ballot, and had said it would explain later. The decision says that a state law, disqualifying all of a ballot-qualified partyís nominees if the party doesnít enjoy a high turnout in its own primary, serves no state interest and is unconstitutional.

New York: on December 28, the 2nd circuit voted to rehear Muntaqim v Coombe, 01-7260. The issue is whether the Voting Rights Act protects the right of felons to vote. The first panel had dismissed the lawsuit.

North Carolina: the state has decided not to appeal DeLaney v Bartlett to the 4th circuit. This is very good news; it means that it is now settled that the number of signatures required for statewide independent candidates is too high. It is extremely likely the legislature will now pass a bill lowering it. DeLaney v Bartlett was a project of the Coalition for Free & Open Elections (COFOE). COFOE appreciates the financial help from its members that made this lawsuit possible.

Ohio: two separate decisions of the 6th circuit each opened up a new area for petitioning. United Church of Christ v Gateway Economic Dev., 383 F 3d 449 said that the sidewalks encircling Clevelandís stadiums are public fora. Parks v Finan, 385 F 3d 694, struck down a law requiring individuals who engage in First Amendment activity on the State Capitol grounds, to first get a permit.

Pennsylvania: the U.S. Supreme Court will probably say whether or not it will hear Ralph Naderís ballot access appeal on January 10. Nader v Serody, 04-550.

Oklahoma: the U.S. Supreme Court will hear Clingman v Beaver, 04-37, on January 19. One amicus brief was filed on the side of the Oklahoma Libertarian Party (which is seeking the right to open up its primary to all voters). That brief is jointly from the Northwest Legal Foundation and the Coalition for Free & Open Elections (COFOE). COFOE extends its thanks to attorney Richard Shepard, who wrote the brief.

Texas: a 3-judge U.S. District Court will again hear the Democratic lawsuit against the congressional re-districting, on January 21. That court had rejected the suit, but the U.S. Supreme Court then told it to re-hear the case. The issue is whether it was legitimate for the Republican-controlled legislature to redraw the lines in 2003, when they had already been redrawn (to take account of the 2000 census) in 2001. Session v Perry, 2:03-cv-354.

National: the U.S. Court of Appeals, D.C. circuit, will hear Initiative & Referendum Institute v U.S. Postal Service, 04-5045, on Feb. 8. The issue is whether the post office can ban petitioning on its sidewalks.


QUEBEC AND P.R.

On December 17, the Quebec Provincial government released a draft bill for a proportional representation system. The system would be similar to Germanyís system, called a "mixed" system. It retains 75 district seats, and 50 seats filled from party lists. Hearings will be held soon.


GOOD BILLS COMING

California: Assemblyman Juan Vargas will introduce a bill to legalize write-ins, even when the box next to the name written in is not checked.

Connecticut: the Working Families Party will try to get bills introduced to liberalize the definition of qualified minor party. Current law only requires a vote of 1%, but each office is considered separately. In every other state except Georgia and Illinois, when one candidate meets the vote test, that qualifies all the partyís nominees in the next election.

Illinois: activists seeking better ballot access laws have organized as "Free and Equal Elections." Contact freecoalition@gmail.com.

Maine: Rep. John Eder will submit a bill, expanding the definition of "qualified party." Currently it is a group that polls 5% at either of the last two elections for the office at the top of the ticket. The bill will add an alternative, that it be a group with 10,000 registered members.

Massachusetts: Rep. Patricia Jehlen will introduce a bill to legalize fusion.

Michigan: Sen. Alan Cropsey and Rep. Tim Moore will introduce bills to let qualified parties change their names.

Oklahoma: Rep. Marian Cooksey will introduce a bill to improve ballot access for new and minor parties.


BAD OHIO BILL PASSES

On December 17, a special session of the Ohio legislature passed a 220-page Campaign Finance bill. The bill was not even introduced until December 13. Among other changes, it makes it illegal for anyone to pay petition circulators per name.

The bill passed 20-10 in the State Senate, and 55-33 in the House. It is possible that the bill will be vetoed.


DEMOCRATS TO STUDY PRIMARY DATES

On December 10, the Democratic National Committee formed a 40-member panel to study whether the party should work to end Iowa and New Hampshireís "first in the nation" status, in the presidential nomination process. If the party decides to pursue this goal, it could seek federal legislation on presidential primary dates. Or, it could end Iowaís status with an internal national party bylaw.

The committee also broadcast a statement the following day, which said, "Americaís story is one of expanding opportunity and suffrage, and one of our fundamental principles is that every eligible citizen is entitled to cast his or her vote and to have that vote counted."


2004 U.S. HOUSE VOTE

-

Republican

Democratic

Libertarn.

Green

Constitn.

Reform

other (1)

other(2)

indepndnt

Alabama

1,079,657

708,425

0

0

0

0

0

0

0

Alaska

213,216

67,074

7,157

11,434

0

0

0

0

0

Arizona

1,127,591

597,526

146,316

0

0

0

0

0

0

Arkansas

357,840

426,380

0

0

0

0

0

0

4

Calif.

5,030,821

6,223,698

214,805

116,477

8,163

0

29,684

0

99

Colorado

991,835

995,283

17,788

12,739

12,596

0

0

0

8,770

Conn.

629,934

785,747

4

7,182

2,545

0

3,196

0

130

Del.

245,978

105,716

2,014

0

0

0

2,337

0

0

D.C.

18,296

202,027

0

0

0

0

0

0

0

Florida

3,319,296

2,212,324

86,315

0

5,260

0

856

0

3,443

Georgia

1,819,817

1,140,869

0

0

0

0

0

0

53

Hawaii

148,443

261,884

6,243

0

0

0

0

0

0

Idaho

401,366

171,060

0

0

0

0

0

0

0

Illinois

2,270,757

2,674,375

36,629

0

0

0

0

0

5,087

Indiana

1,381,699

999,082

35,470

0

0

0

0

0

0

Iowa

822,653

624,620

8,313

0

0

0

0

0

1,756

Kansas

723,794

386,970

42,663

0

0

2,956

0

0

0

Kentucky

1,017,379

602,085

8,121

0

2,388

0

0

0

5,069

Louisiana

936,801

609,181

0

0

0

0

0

0

0

Maine

283,210

418,380

0

0

0

0

8,586

0

0

Maryland

896,232

1,310,791

0

44,563

1,849

0

0

0

6

Mass.

435,239

2,059,984

0

0

0

0

0

0

74,432

Michigan

2,288,594

2,242,435

54,093

18,365

23,598

0

2,153

1,818

0

Minn.

1,236,094

1,399,624

0

26,917

0

0

56,490

0

2

Miss.

658,589

334,605

0

0

0

82,583

0

0

40,426

Missouri

1,429,767

1,192,674

33,937

0

10,634

0

0

0

0

Montana

286,076

145,606

12,548

0

0

0

0

0

0

Nebraska

515,115

230,697

4,656

11,108

3,396

0

0

0

0

Nevada

420,711

333,912

20,119

0

16,691

0

0

0

0

N. Hamp.

396,024

243,506

11,311

0

0

0

0

0

0

N. Jersey

1,514,784

1,721,392

16,379

10,033

0

0

2,976

2,684

16,347

N. Mex.

357,805

384,900

0

0

0

0

0

0

194

N. York

2,209,291

3,457,124

0

0

0

0

200,933

332,363

22,707

No. Car.

1,743,131

1,669,864

0

0

0

0

0

0

76

No. Dak.

125,684

185,130

0

0

0

0

0

0

0

Ohio

2,650,045

2,514,479

0

0

0

0

0

0

18,772

Okla.

875,033

389,029

0

0

0

0

0

0

110,548

Oregon

761,545

951,688

11,255

0

29,831

0

10,678

0

0

Penn.

2,565,077

2,478,239

54,751

14,353

34,573

0

0

0

4,142

R.I.

112,958

279,315

0

0

0

0

3,303

0

6,196

S.Car.

913,168

486,479

0

28,947

8,604

0

0

0

0

S.Dak.

178,823

207,837

2,808

0

0

0

0

0

0

Tenn.

1,160,821

1,031,959

0

0

0

0

0

0

25,958

Texas

4,012,534

2,713,968

180,389

0

0

0

0

0

51,712

Utah

520,403

361,628

3,691

2,189

13,140

0

7,806

0

0

Vermont

74,271

21,684

0

0

0

0

3,018

0

205,774

Virginia

1,817,422

1,023,187

0

0

0

0

0

0

149,442

Wash.

1,095,493

1,608,751

19,817

5,934

0

0

0

0

0

W.Va.

303,042

415,396

0

0

0

0

3,218

0

0

Wisc.

1,380,819

1,368,537

9,485

10,018

13,738

0

0

0

9,846

Wyoming

132,107

99,989

6,581

0

0

0

0

0

0

TOTAL

55,887,080

53,077,115

1,053,658

320,259

187,006

85,539

335,234

335,048

760,985

The "other parties(1)" column for this chart is: Cal., Peace & Freedom; Ct., Working Fam.; Del., Independent Pty; Fl., Soc. Workers; Me., Soc. Equality; Mi., Nat. Law; Mn., Independence; N.J., Soc. Wkrs.; N.Y., Consv; Or., Socialist; R.I., Socialist; Ut., Pers. Choice; Vt., Lib. Union; W.V., Mountain.

The "other parties(2)" column is Mi., Soc. Eq.; N.J., 1,515 Consv., 1,169 Soc.; N.Y. 189,580 Indpc., 142,783 Working Fam.


DEMOCRATS WIN SENATE POPULAR VOTE

On November 2, Democrats only won 14 of the 34 U.S. Senate seats. Ironically, though, Democratic nominees for U.S. Senate won 51.04% of the total vote cast for U.S. Senate (that includes .45% of the total national vote, cast for the Democratic nominee in New York under the Independence and Working Families Parties labels). See the chart below for a state-by-state breakdown.


2004 U.S. SENATE VOTE

-

Democratic

Republican

Libertar.

Constitn

Green.

Reform

SWP

other

indepndnt

Alabama

595,018

1,242,200

0

0

0

0

0

0

0

Alaska

140,424

149,773

1,240

0

3,053

0

0

3,785

9,617

Arizona

404,507

1,505,372

51,798

0

0

0

0

0

0

Arkansas

580,973

458,036

0

0

0

0

0

0

340

Calif.

6,955,728

4,555,922

216,522

81,224

0

0

43

243,846

10

Colorado

1,081,188

980,668

10,160

18,783

0

6,481

0

0

10,192

Conn.

945,347

457,749

9,188

12,442

0

0

0

0

0

Florida

3,590,201

3,672,864

0

0

0

0

25

166,642

162

Georgia

1,287,690

1,864,202

69,051

0

0

0

0

0

38

Hawaii

313,629

87.172

5,277

0

0

0

0

0

9,269

Idaho

4,136

499,796

0

0

0

0

0

0

0

Illinois

3,598,277

1,391,030

69,276

0

0

0

0

0

84,051

Indiana

1,496,976

903,913

27,344

0

0

0

0

0

0

Iowa

412,365

1,038,175

15,218

0

11,121

0

1,874

0

0

Kansas

310,337

780,863

21,842

0

0

15,980

0

0

0

Kentucky

850,855

873,507

0

0

0

0

0

0

0

Louisiana

877.482

943,014

15,097

0

0

0

0

0

12,463

Maryland

1,504,691

783,055

204

9,009

24,816

0

0

0

156

Missouri

1,158,261

1,518,089

19,648

10,404

0

0

0

0

0

Nevada

494,805

284,640

9,559

6,001

0

0

0

2,095

0

N. Hamp.

221,549

435,847

?

0

0

0

0

0

0

N. York

4,384,907

1,625,069

19,073

0

36,942

0

14,811

605,877

16,196

No. Car.

1,632,527

1,791,450

47,743

0

0

0

0

0

362

No. Dak.

211,843

98,553

0

0

0

0

0

0

0

Ohio

1,961,002

3,464,044

0

0

0

0

?

0

296

Okla.

596,750

763,433

0

0

0

0

0

0

86,663

Oregon

1,128,728

565,254

29,582

12,397

43,053

0

0

0

0

Penn.

2,334,126

2,959,909

79,263

220,056

0

0

?

0

0

S.Car.

704,384

857,167

10,678

13,464

4,245

138

0

5,859

0

S.Dak.

193,340

197,848

0

0

0

0

0

0

0

Utah

258,955

626,640

0

17,289

0

0

0

8,824

18

Vermont

216,972

75,398

0

0

3,999

0

0

7,365

3,300

Wash.

1,549,708

1,204,584

34,055

0

30,304

0

?

0

0

Wisc.

1,632,697

1,301,183

8,367

0

0

0

0

0

6,662

TOTAL

43,630,378

39,956,419

770,185

401,069

157,533

22,599

16,753

1,044,293

239,795

The "other parties" column for the Senate chart above is: Ak., Alaskan Independence; Cal., Peace & Freedom; Fl., Veterans; Nev., Nat. Law; N.Y., 220,960 Conservative, 216,198 Independence, 168,719 Working Families; S.C., United Cit.; Ut., Personal Choice; Vt., 6,486 Marijuana and 879 Liberty Union.


2004 GUBERNATORIAL VOTE

-

Democratic

Republican

Libertar.

Constitn

Green.

Mountain

Marijuana

other

indepndnt

Delaware

185,687

167,115

1,450

0

0

0

0

10,756

0

Indiana

1,113,879

1,302,907

31,694

0

0

0

0

0

23

Missouri

1,301,442

1,382,419

24,378

11,299

0

0

0

0

0

Montana

225,016

205,313

7,424

0

8,393

0

0

0

N.Hamp.

339,927

325,514

0

0

0

0

0

No. Car.

1,939,154

1,495,021

52,513

0

0

0

0

0

No. Dak.

84,877

220,803

4,193

0

0

0

0

0

Utah

380,359

531,190

0

0

0

0

8,399

12

Vermont

117,327

181,540

2,263

0

0

0

4,221

1,298

2,431

Wash.

1,373,362

1,373,232

63,465

0

0

0

0

0

0

W. Va.

472,758

253,131

75

0

0

18,430

0

0

0

TOTAL

7,533,788

7,438,185

187,455

11,299

8,393

18,430

4,221

20,453

2,466

The "other" is: Del., Indp. Pty.; Ut., Personal Choice; Vt., Liberty Union.


GREEN PARTY ELECTION WINS

The December 1, 2004 B.A.N. mentioned that the Green Party had re-elected its state legislator in Maine, John Eder. The Green Party also won two other partisan elections on November 2, 2004. It re-elected its County Commissioner in San Miguel County, Colorado, Art Goodtimes. He received more than 50% of the vote against a Democrat and a Republican. Also, the Green Party elected a Lee County, Mississippi election board member, John Wages. He was unopposed.

The party also elected or re-elected 14 of its members to non-partisan office in California. It elected a San Francisco County Supervisor. It also elected nine city council members: two each in Arcata and Sebastopol, and one each in Richmond, San Luis Obispo, Richmond, Fort Bragg, and Aliso Viejo. It also elected school board members in San Francisco and Berkeley, and elected a member of the Santa Monica Rent Control Board, and a director of the Humboldt Bay Water Board.

The party also elected or re-elected members to these offices: six Washington, D.C. Neighborhood Advisory Commissions; a Tallahassee, Fl. Soil and Water District Commissioner; a Black Hawk County, Iowa Soil and Water Commissioner; two School Board members in Portland, Me.; a city council member in Belfast, Me.; a city commissioner in Mt. Pleasant, Michigan; a city councilmember in Talent, Oregon; two city councilmembers in Corvallis, Oregon; a Soil and Water Conservation Board member in East Multnomah, Oregon; a Soil and Water District Board member in Benton County, Oregon; and a Freeholder in Lopez, Washington.


LIBERTARIAN PARTY ELECTION WINS

The Dec. 1 B.A.N. mentioned that the Libertarian Party had elected the Dade County, Georgia County Executive, a partisan office. The party gained another partisan office-holder in Kansas on December 28. Anderson County Attorney Frederick Campbell changed his registration from Republican to Libertarian. He had just been re-elected last month, so he doesnít need to run for re-election until 2008.

On November 2, Libertarian Party members also were elected or re-elected to eight offices in California. The offices were two members of the Oceano Community Services Board, and one member each to the Esparto Community Service Board, the Carlotta Community Service Board, the Lakeside Planning Board, the Vista Irrigation District, the Rancho Simi Park District Board, and the Concord Health Care District Board.

Libertarian Party members were also elected to non-partisan office in other states. The offices were city council in Brooklyn Center, Minnesota; city council in Otsego, Minnesota; three Florida Soil and Water Conservation Boards, in Lee, Palm Beach and Seminole Counties; a school board member in Norton, Massachusetts; and three school board members in Pima County, Arizona. Finally, a party member who is a Superior Court Judge in Phoenix, Arizona, won a retention election.


AMERICA FIRST PARTY WINS

An America First Party member was elected to the Brevard County, Florida, Zoning Board, a non-partisan office.


COFOE VETERAN DIES

Si Gerson, COFOE Secretary from COFOEís founding in 1985 until 1999, died on December 26, 2004. He was also the Communist Partyís rep to the COFOE Board. Gerson was 94. In 1948, when the Communist Party had two members on the New York city council, one of those city members died. Under the city charter at the time, if a member died, his or her political party could name a replacement. The Communist Party chose Gerson for the council. However, his nomination was blocked in court, on the grounds that the Communist Party was not a "political party," even though it had won partisan elections in the city under its own label.

Gerson was the Communist Partyís foremost expert on ballot access law. The New York Times carried a rare op-ed on that subject in 1976, and Gerson was the author. The Communist Party isnít very interested in ballot access any longer, since it never runs candidates nowadays.


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