2008 PETITIONING FOR PRESIDENT
(updated September 26, 2008)
TOTAL STATES ON THE BALLOT
Libertarian Party
Green Party
Constitution Party
Nader (Indep.)
45
32
37
46
 
     

New York Libertarian Ballot Access Victory

October 13th, 2005

On October 12, the Supreme Court of New York, Appellate Division, upheld a decision of the lower court, putting the Libertarian Party candidate for Kings County Borough President on the November 2005 ballot. New York is one of the eleven states that has no procedure for a new party to petition to get itself on the ballot. Instead, New York only has candidate petitions.

New York law already permits a single petition to carry a statewide slate (or a New York city-citywide slate) as well as a candidate in just part of the state (or in just part of New York city). Obviously, putting multiple candidates on a single petition makes petitioning easier. The person in the street only has to sign one petition, not several.

The issue in this case (In the Matter of Gary S. Popkin) is whether a single petition can carry a citywide slate and two different district candidates, in two different districts. In this particular case, the question was whether the Libertarians could circulate a single petition that named the 3 citywide nominees, as well as a nominee for Brooklyn President, and a nominee for Queens President. The party, of course, recognized that this single petition had to get enough signatures for each of the nominees from among voters in the proper places. But the Board of Elections had said the petition was intrinsically invalid as to form. However, the courts disagreed. The precedent will make it possible for minor parties in the future to print fewer separate petition forms.



Virginia Republican Party Rights Case Dismissed

October 12th, 2005

On October 12, a U.S. District Court judge dismissed a case filed by one unit of the Republican Party of Virginia. The party had filed a lawsuit to validate its bylaw, that people who have voted in the Democratic Party in the last 5 years cannot vote in the Republican primary, unless they sign a pledge of loyalty to the Republican Party. The judge said since the case would have no effect until 2007, the case isn’t ripe. He said it should not be re-filed until early 2007.

Schwarzenegger Vetoes Write-in Reform

October 11th, 2005

On October 7, California Governor Arnold Schwarzenegger vetoed SB 1050, which would have provided that write-in votes should be counted in some cases, even though the voter forgot to check the box next to the name written in.

Potts Fails to win Injunction for Debate Inclusion

October 7th, 2005

On October 6, U.S. District Court Judge Norman Moon refused to require the University of Virginia Center for Politics to invite independent Virginia gubernatorial candidate Russell Potts into its gubernatorial debate. Since the debate sponsor is a branch of the state government, Potts should have won the case. The US Supreme Court said in Arkansas Educational TV Foundation v Forbes, 523 US 666 (1998), that government-owned entities must include all candidates with a real campaign, when they hold debates. Potts has a very substancial campaign and a large campaign budget, and has his own TV ads.

The debate will now include only the Democratic and Republican nominees, and will be held October 9.

European Court of Human Rights says prisoners may vote

October 7th, 2005

On October 7, the European Court of Human Rights ruled 12-5 that prisoners must be allowed to vote. The European charter guarantees the “right to free elections”, and the court construed that to mean that prisoners do not lose voting rights. The case had been brought by a British prisoner serving a term for manslaughter (the crime was committed in 1980).

New York City Election

October 6th, 2005

New York city elects its 3 citywide partisan officers on November 8. In the Mayor’s race, eight candidates will be on the ballot. They are the nominees of the Republican, Democratic, Conservative, Socialist Workers, Libertarian and Green Parties, as well as two independent candidates. The Working Families Party has no nominee for Mayor, and the Independence Party cross-endorsed the Republican nominee.

For the two lesser citywide posts, no Republicans were able to qualify. The Comptroller’s race has nominees of the Democratic, Conservative, Working Families, Socialist Workers and Libertarian Parties. The Public Advocate’s race has nominees of only the Democratic, Conservative and Libertarian Parties, plus one independent candidate.

Georgia Lobbying Gathers Steam

October 6th, 2005

The bill in the Georgia legislature to reduce the number of signatures needed for district office (US House, state legislature) and county office, from 5% of the registered voters, to 2% of the last vote cast, is gaining. There are now 10 members of the House who say they will co-sponsor it next year, when the legislature reconvenes. The bill is HB 527.

The Georgia petition requirement for US House, which has existed since 1943, is easily the most onerous ballot access law in the nation, since no party has been able to comply with it, in the 62 years it has existed. It is a scandal that the federal judges in Georgia have never been willing to invalidate it.

Calif. Special Election

October 5th, 2005

On October 5, California held a special election for US House, 48th district. Since no one got 50%, there will be a run-off (featuring the top vote-getter from each of 5 parties) on December 6.

The unofficial October 5 results are: the 9 Republicans, together, polled 67.3% of all the votes cast. The 4 Democrats together polled 16.6% of the vote. The Constitution Party nominee, Jim Gilchrist, polled 16.1% (in California, the Constitution Party is called the American Independent Party). The Green nominee polled .9% and the Libertarian nominee polled .8%.

Calif. Dem. Party Helps Alternative Voting Methods

October 3rd, 2005

On October 1, the California Democratic Party passed a resolution in support of letting general law cities and counties use Instant-Runoff Voting or Ranked Choice Voting. The resolution will help to pass SB 596 next year, a bill to give all cities and counties the freedom to experiment.

Some Post Office Petitioning Now OK

October 3rd, 2005

The Postal Service did not ask for a rehearing of the DC Circuit’s August 9, 2005 decision on postal petitioning. The time for requesting a rehearing has now expired. Therefore, it is now legal for circulators to use perimeter post office sidewalks (but not yet interior sidewalks). However, since not all postal employees may be aware of this, it would be worthwhile for anyone to know that the decision is called Initiative & Referendum Institute v US Postal Service, case no. 04-5045, and that the decision came down Aug. 9, 2005. For those who are ultra-cautious, it would be good to have a copy of that decision. The attorney for the Initiative & Referendum Institute can probably e-mail a copy of the decision to those who really need it. He is David Klein, dfklein@swidlaw.com. Let him know of any experience in which a postal employee bars petitioning in a perimeter sidewalk (perimeter sidewalk is one that is parallel to a public street, not a sidewalk leading from a post office itself to the post office parking lot).

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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!

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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.
    [Added:000823]

The newsletter is published by and copyright by Richard Winger.