U.S. Supreme Court Takes Another Campaign Finance Case

September 27th, 2005

On September 27, the U.S. Supreme Court announced it will hear Vermont Republican State Committee v Sorrell, on whether a state can limit the amount of money any particular candidate spends (even when there is no public funding in place). The 2nd circuit had upheld Vermont limits on expenditures, even though in 1976 the U.S. Supreme Court had ruled in Buckley v Valeo that expenditure limits violate the free speech part of the 1st amendment.



N.C. Libertarians Denied Temporary Restraining Order

September 26th, 2005

On September 26, a lower state court refused to force the city of Charlotte to hold a primary for the Libertarian Party for mayor. The primary is September 27, and two Libertarians had filed for the post before the party was decertified. The Charlotte Libertarians will now choose a candidate for Mayor by either private mail ballot or a convention. The party will return to court in mid-October 2005, seeking a preliminary injunction to put its various city candidates on the November 2005 ballots. Libertarian Party of North Carolina v State Board of Elections, 05-cvs-13073, Wake Co.

Constitution Candidate Raises More Money than Democrat

September 25th, 2005

California is holding a special congressional election on Oct. 4. Campaign reports filed September 22 with the Federal Election Commission show that Constitution (American Independent) Party candidate Jim Gilchrist has raised more money than any Democrat running in the race. Gilchrist raised $111,731, whereas the leading Democrat, Steve Young, had only raised $62,493. Two Republicans, however, raised considerably more than Gilchrist. State Senator John Campbell had raised $795,019, and Assemblymember Marilyn Brewer had raised $577,259.

4-way Gubernatorial Debate in New Jersey

September 22nd, 2005

The New Jersey League of Women Voters has invited 4 candidates into a gubernatorial debate. The debate will include the Democratic, Republican, Libertarian nominees, and an independent candidate.

New Jersey Judge says being kept out of a debate is not harmful

September 21st, 2005

On September 19, New Jersey Libertarian gubernatorial candidate Jeff Pawlowski filed a lawsuit against a public TV station that planned to invite only the Democratic and Republican nominees for Governor. On September 20 a judge in Middlesex County Superior Court denied injunctive relief on the grounds that Pawlowski would not suffer “irreparable harm” if he were omitted from the debate. Pawlowski v New Jersey Network. Pawlowski’s lawsuit was strong, because the US Supreme Court had ruled in Arkansas Educational TV Foundation v Forbes that public TV cannot avoid inviting all candidates with a real campaign into its debates. Pawlowski already raised $300,000 for his campaign and met the threshold to be invited into the debate sponsored by the State Campaign Finance Division. However, that is a hollow victory, since the Democratic and Republican nominees are not attending that debate. Pawlowski is not appealing, since it’s too late. There is a chance there will be some League of Women Voters 4-candidate debates.

North Carolina Libertarians File Ballot Access Lawsuit

September 21st, 2005

On September 21, the North Carolina Libertarian Party filed its ballot access lawsuit. It challenges both the number of signatures to get a party on the ballot (69,734) and the requirement for a party to remain on the ballot (a vote of 10% for president or governor). The case is filed in state court in Wake County, and relies on the State Constitution’s provision that “elections shall be free”. North Carolina only required 10,000 signatures for a new party between 1929 and 1981, and never suffered from a crowded ballot. Also in the past the vote test for a party to remain on was 3%. The 3% was raised in 1949, after the States Rights Party polled 9% for president in North Carolina. Since then, the only party (other than the Democratic and Republican Parties) that has polled enough votes to remain on the North Carolina ballot was George Wallace’s American Party in 1968.

Massachusetts Legislative Hearing Goes Well

September 20th, 2005

On September 20, the Massachusetts joint Legislative Committee on Election laws heard testimony on a bill to cut the number of signatures for statewide office from 10,000 to 5,000 signatures. Three witnesses testified for the bill, and no one testified against it. The six legislators who attended the hearing paid good attention and seemed supportive, although no action will be taken for at least a month.

Jore Loses in Court on Attorneys’ Fees

September 20th, 2005

On September 19, a lower Montana state court ruled that Rick Jore must pay almost $16,000 of his opponent’s legal fees, even though Jore did not sue anyone. Jore was the Constitution Party state legislator who seemed to have been re-elected last year, until the Montana Supreme Court ruled that six of his ballots were invalid. Jore had hoped that the lower court (which had ruled in his favor in the election contest) would relieve him of the need to pay the fees. Jore will not appeal, but he hopes that the next session of the Montana legislature will provide some relief. There will probably be a special session in December 2005 or January 2006.

Fulani Loses case against Democratic Party

September 20th, 2005

On September 7, U.S. District Court Judge Loretta Preska ruled against Lenora Fulani’s lawsuit against the Democratic National Committee for using public campaign funding to finance its efforts to keep Ralph Nader off the ballot in some states last year. Fulani v McAuliffe, 04-cv-6973.

The decision was not surprising. What is worthy of note, however, is Judge Preska’s lead sentence, and her footnote one. The lead sentence is “This is yet another in a long line of cases in which Plaintiff Lenora Fulani has misused the courts in an attempt to pursue a political agenda which she is not able to accomplish at the ballot box.” A footnote says “A sampling of the at least 35 published cases of this ilk include…” followed by a list of eleven election law cases that Fulani lost.

This is most unfair, because the so-called “sampling” does not reflect that Lenora Fulani won 4 ballot access cases in which she was the lead plaintiff; and the party that nominated her for president, the New Alliance Party, won another 5 cases. Fulani and New Alliance Party cases overturned early petition deadlines in Nevada and Alabama; eliminated the fee that Florida was charging minor parties to have their petitions checked; told Michigan that it could not create and then enforce a new ballot access law in the middle of an election year; told California that it could not impose a 60-day petitioning period for independent presidential candidates; told North Carolina that it had to let new parties run candidates for county office; and told a government-owned shopping center in Maryland that it had to permit petitioning.

Lawsuit Filed Against Georgia Voter ID Law

September 19th, 2005

On September 19, the ACLU filed a lawsuit against a new Georgia law that requires voters at the polls to show either a Georgia drivers license, or a Georgia state ID card. Common Cause v Billups, 4:05-cv-201, northern district, Rome division. The case was assigned to U.S. District Court Judge Harold Murphy, a Clinton appointee.

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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!

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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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  • 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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