Green Party Candidate in Washington Wins Campaign Speech Case

September 9th, 2005

On August 27, a Washington State Court overturned a fine that had been levied against a Green Party nominee for the state legislature in 2002. Marilou Rickert had been fined $1,000 for saying in her campaign literature that her only opponent, the Democratic incumbent, had voted to close the Mission Creek Youth Camp. Actually her opponent, State Senator Tim Sheldon, had voted not to close the Camp. Washington state law criminalizes “political advertising that contains a false statement of fact about a candidate for public office” if the false statement was made maliciously. The State Court of Appeals held the law to violate the First Amendment. Rickert v State, 32274-9.



Illinois Ruling Helps Instant-Runoff Voting

September 8th, 2005

On September 7, the Illinois Attorney General ruled that home rule municipalities may use Instant-Runoff Voting, if the voters in that city or town approve the idea with a referendum. No change in the state election code is needed.

California Legislature Passes Write-in Bill

September 8th, 2005

On September 7, the California legislature finally passed SB 1050, to legalize write-in votes when the voter forgets to “x” the box. The Governor has 30 days to sign or veto it.

New York Victory

September 7th, 2005

On September 7, the New York Supreme Court, Appellate Division, ruled 5-0 that the U.S. Constitution protects the right of non-residents of a city, to circulate an initiative petition for that city. Bray v Marsolino.

A similar hearing in Ohio State Court of Appeals is being held on September 8, on whether out-of-state residents may circulate an initiative petition in Ohio.

Montana Democrat Empties Out Rick Jore’s Bank Account

September 6th, 2005

On September 6, former Constitution Party state legislator Rick Jore of Montana received a letter from his bank, notifying him that his Democratic opponent in last year’s election had successfully emptied out his bank account, in accordance with a court order. That court order requires Jore to pay $15,664 in legal fees to his opponent’s attorney. Jore had not sued anyone last year. Instead, his Democratic opponent had sued him to obtain a recount. The original tally had resulted in Jore’s being seated in the legislature. The Montana Supreme Court had reversed the original tally and ruled that his Democratic opponent had been elected instead. Under strange Montana rules, when a candidate loses a lawsuit involving recounts, a court has the discretion to order the losing candidate to pay attorney’s fees for the winner.

Minor Parties will sue 3 states this week

September 6th, 2005

Various minor parties are only days away from filing new constitutional lawsuits against North Carolina, Iowa and New Jersey. In North Carolina the Libertarian Party will argue that the state constitution (which requires that elections be “Free”) does not permit the state to require minor parties to submit 70,000 or so signatures in order to get on the ballot, and then to poll 10% for governor or president to remain on. The case will be filed in state court.

In Iowa, the ACLU will file a lawsuit for the Green and Libertarian Parties against the state’s practice of forcing all voters to register “Republican”, “Democrat”, or “independent” on voter registration forms. Iowa is the only state in which it is physically impossible for a voter to register into any party other than the Democratic and Republican Parties. It is one of only two states without a blank line in the “party” question, on the voter registration form. The other state, Kansas, also doesn’t have a blank line, but at least Kansas has a checkbox for 4 parties instead of only 2.

In New Jersey, the Libertarian, Green and Conservative Parties are about to file a lawsuit in state court against several election laws that discriminate against all parties except the Democratic and Republican Parties.

Chief Justice was a Foe of Minor Parties

September 3rd, 2005

Chief Justice William Rehnquist, who died September 3, was almost always a foe of minor parties and independent candidates. He voted against them on ballot access, and on debates, and on fusion. He wrote the decision in Timmons v Twin Cities Area New Party. That decision not only upheld state laws that prohibit two parties from jointly nominating the same candidate. It went further, and seemed to suggest that it is constitutional to pass election laws of all kinds that hobble minor parties. He is the only justice who ever used the term “two-party system” to justify laws that discriminate against minor parties and independent candidates.

Rehnquist voted to keep John B. Anderson off the Ohio ballot in 1980, and he voted to keep Eugene McCarthy off the Texas ballot in 1976. Fortunately, both times he was in the court minority.

In 1999 he bitterly dissented when the Court majority invalidated state laws that require petition circulators to be registered voters. He charged that “convicted drug dealers” would now be able to circulate petitions.

In 1997, during the oral argument in Arkansas Educational TV Commission v Forbes (the case on whether public TV can sponsor candidate debates and invite only the Democrat and Republican), he sarcastically refered to the independent candidate who had filed the lawsuit as “Wacko Willie”.

Ohio Recount Case Moves Ahead

September 2nd, 2005

On September 1, a U.S. District Court in Ohio said a trial will be held in August 2006 in the Cobb-Badnarik recount lawsuit. The case, Rios v Blackwell, 3:04-cv-7724, northern district, was filed last year. It charges that even though the candidates who asked for the recount paid for it, many counties did not handle the recount according to law. The lawsuit charges that some counties did not really choose precincts to recount randomly.

Ohio Court Hearing on Sep. 8

September 1st, 2005

On September 8, the Ohio State Court of Appeals will hear a case on whether initiative circulators must be Ohio residents. State ex rel Finan v Blackwell, 05-APD-08-0854, Columbus. The decision will be out soon afterwards. The decision will determine whether several election reform initiatives get on the ballot. They concern setting up a non-partisan method for drawing legislative and US House district boundaries; campaign finance restrictions; early voting; and setting up a State Board of Elections. The initiatives lack enough signatures if the signatures collected by out-of-state circulators can’t be counted.

Write-in Reform Passes California Assembly

September 1st, 2005

On August 31, the California Assembly passed SB 1050, which legalizes some write-ins when the voter forgot to “x” the box next to the name written in. The bill was amended in the Assembly, so now it must go back to the Senate.

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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!

Extra Features:

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.