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November 30th, 2005
On November 29, the US Court of Appeals ruled 3-0 that Ohio may require independent candidates (for office other than president) to submit petitions by March 1 of an election year. Lawrence v Blackwell, 04-4022. The decision is only 6 pages long. It did not mention the US Supreme Court decision most relevant, Mandel v Bradley. Mandel v Bradley said early independent candidate petition deadlines are unconstitutional when the historical record shows that few independents qualify. In Ohio, no independent candidates qualified for congress in 17 of the 18 districts in 2004, and that was in the record. Earlier years are similar. The decision also failed to mention that 5 justices of the US Supreme Court this year said in Clingman v Beaver that courts should give heightened scrutiny to ballot access laws. And the decision failed to mention that in Anderson v Celebrezze, on page 805, the Court said that the political system works better when independent candidates are allowed to qualify after the major parties have chosen their nominees.
November 28th, 2005
On November 28, the paperwork was filed in federal court in Louisiana, to determine whether the state’s new law on congressional timing is contrary to federal law.
In 1997 the U.S. Supreme Court unanimously ruled that Louisiana could not continue holding its congressional elections in September. Louisiana, the only state that uses the “top-two” system, had been holding congressional elections in September. Only in the rare cases when no one got 50% did Louisiana hold a run-off (which was held in November).
A federal law, on the books since 1872, tells the states they must have congressional elections in November. If a state desires the winner to always be someone who got 50%, the states may hold a run-off after the November date. After Louisiana lost the case, it started holding the first round in November. If a run-off was needed, it was in December.
But in 2005, the legislature passed a law reverting to the old illegal September-November system. The only difference between the 2005 law, and the old law that was invalidated, is that the new law says anyone elected in September is “deemed” to have been elected in November. Most neutral observers feel that the U.S. District Court which has jurisdiction of this old case will tell the legislature that the 2005 law is just as illegal as the old law was. The case is now in front of U.S. District Court Judge Frank Polozola. It is called Foster v Love.
November 28th, 2005
Bob Fitrakis is expected to be the Green Party nominee for Governor of Ohio in 2006. He will attempt to qualify as an independent, since the petition to put a new party on the Ohio ballot is so difficult. Fitrakis is a Columbus attorney who has been active in fighting vote-counting fraud.
Comments Off
November 25th, 2005
Besides the instances listed in an earlier post, two other minor parties won partisan elections on November 8, 2005. In Connecticut, the Chatham Party elected five candidates to the town council of East Hampton. The other two seats on the council were won by Republican nominees. The party takes its name from the old colonial name for East Hampton.
In Pennsylvania, the Prohibition Party re-elected Jim Hedges, its nominee for Thompson Township (Fulton County) Assessor. Besides being the Prohibition Party nominee, Hedges also won the major party nominations by write-ins at their primaries. Therefore he was unopposed in November.
November 24th, 2005
This year, the New Mexico legislature passed SB 678, which moves the independent presidential petition deadline from September to June, and also moves the deadline for non-presidential independent candidates from July to June. The bill did not affect the petition deadline for minor party nominee petitions. They continue to be due in July.
Courts in Alaska, Kansas, Nevada, Rhode Island, and South Dakota have previously ruled that independent presidential deadlines as early as June are unconstitutional. However, since then, courts in Texas and Arizona have upheld such deadlines.
Comments Off
November 23rd, 2005
The Libertarian Party won 19 partisan elections in Pennsylvania on November 8, 2005, not one, as reported earlier. They include 7 township auditors, one constable, on township supervisor, one planning commissioner, and 9 precinct elections officials.
Comments Off
November 23rd, 2005
In 2000, the Reform Party received $2,522,690 from the U.S. government to pay for its national presidential convention. It was entitled to this money because it had polled over 5% for president in 1996.
In 2002, the Federal Election Commission audited the party, and determined that $333,588 was not properly spent, and should be returned to the U.S. treasury. On November 22, 2005, a U.S. District Court in Florida refused to disturb the FEC’s claim that the money is owed. The federal court in Florida said the only possible court to give the party any relief is the U.S. Court of Appeals in Washington, D.C., but that court had already denied any relief in 2003. The Florida court has forbidden the Reform Party national committee from spending any money until it repays the debt to the government. FEC v Reform Party, northern district of Fla., 1:04-cv-79.
Comments Off
November 23rd, 2005
The law firm Olson, Hagel & Fishburn has agreed to handle the appeal in Lee v Illinois State Bd. of Elections, in the 7th circuit. The Lee case challenges Illiniois law that says independent candidates for the legislature must submit a petition signed by 10% of the last vote cast. Olson, Hagel & Fishburn is one of the leading law firms in the nation for election law, and won the case called California Democratic Party v Jones in the U.S. Supreme Court in 2000.
Illinois is the only state that requires a petition for independent candidates for any office in excess of 5% of the number of registered voters.
November 23rd, 2005
An excellent initiative seems likely to have qualified in Massachusetts. It would legalize “fusion” (the practice of letting two parties jointly nominate the same candidate). Also, it would make it substantially easier for a party to remain qualified. The initiative needed 65,825 signatures, and proponents turned in 109,000.
Current law requires parties to poll 3% for one statewide nominee, every election. Many minor parties can easily meet this requirement in mid-term years, and can even meet it fairly regularly in presidential years if there is a U.S. Senate race up that year also. But in years like 2004, when the only statewide race was president, it is rare for minor parties to pass the test. For example, in 2004, both the Libertarian Party and the Green Party went off the ballot.
The initiative would change the vote test, so that a party can survive if it met the vote test at either of the last two elections.
Comments Off
November 18th, 2005
The Green Party won 12 partisan elections on November 8, 2005, for these offices: in Pennsylvania, Mayor of Boswell; Boro Council in Arendtsville; Township Auditor in Union Twp., Adams Co.; Boro Council in West Reading; Boro Council in Union Twp., Adams Co.; and 4 election inspectors.
In New York, Town Council in Chenango; Mayor in Cobleskill.
In Connecticut, Constable in New Canaan.
Libertarians won a Township Supervisor in London Britain Township, Chester Co.
The Working Families Party elected the city councilmember from the 3rd ward in Albany, New York. Although the winner, Corey Ellis, is a registered Democrat, he was solely the nominee of the Working Families Party, and he defeated the Democratic nominee.
Also, two local third parties won seats. The One New London Party elected two city council members in New London, Connecticut. The Hammonton First Party won all three city council seats in Hammonton, New Jersey, defeating its Republican and Democratic opponents.
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Issues
available: |
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2010:
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2009:
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2008:
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2007:
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2006:
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2005:
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2004:
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2003:
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2002:
- December
2002 Issue
(V:18 N:8)
- November
2002 Issue
(V:18 N:7)
- October
1, 2002 Issue (V:18 N:6)
- September
1, 2002 Issue
(V:18 N:5)
- August
1, 2002 issue (V:18 N:4)
- July
1, 2002 issue (V:18 N:3)
- June
1, 2002 issue (V:18 N:2)
- May
1, 2002 issue (V:18 N:1)
- April
1, 2002 issue (V:17 N:13)
- March
1, 2002 issue (V:17 N:12)
- February
1, 2002 issue (V:17 N:11)
- January
1, 2002 issue (V:17 N:10)
|
2001:
- December
1, 2001 issue (V:17 N:9)
- November
1, 2001 issue (V:17 N:8)
- October
1, 2001 issue (V:17 N:7)
- September
1, 2001 issue (V:17 N:6)
- August
1, 2001 issue (V:17 N:5)
- July
1, 2001 issue (V:17 N:4)
- June
1, 2001 issue (V:17 N:3)
- May
1, 2001 issue (V:17 N:2)
- April
1, 2001 issue (V:17 N:1)
- March
1, 2001 issue (V:16 N:12)
- February
1, 2001 issue (V:16 N:11)
- January
1, 2001 issue (V:16 N:10)
|
2000:
- December
5, 2000 issue (V:16 N:9)
- November
16, 2000 issue (V:16 N:8)
- October
1, 2000 issue (V:16 N:7)
- September
1, 2000 issue (V:16 N:6)
- August
1, 2000 issue (V:16 N:5)
- July
1, 2000 issue (V:16 N:4)
- June
1, 2000 issue (V:16 N:3)
- May
1, 2000 issue (V:16 N:2)
- April
1, 2000 issue (V:16 N:1)
- March
1, 2000 issue (V:15 N:12)
- February
1, 2000 issue (V:15 N:11)
- January
1, 2000 issue (V:15 N:10)
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1999:
- December
1, 1999 issue (V:15 N:9)
- November
1, 1999 issue (V:15 N:8)
- October
1, 1999 issue (V:15 N:7)
- September
1, 1999 issue (V:15 N:6)
- August
3, 1999 issue (V:15 N:5)
- July
3, 1999 issue (V:15 N:4)
- June
1, 1999 issue (V:15 N:3)
- May
3, 1999 issue (V:15 N:2)
- April
3, 1999 issue (V:15 N:1)
- March
6, 1999 issue (V:14 N:12)
- February
6, 1999 issue (V:14 N:11)
- January
6, 1999 issue (V:14 N:10)
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1998:
- December
8, 1998 issue (V:14 N:9)
- November
8, 1998 issue (V:14 N:8)
- October
4, 1998 issue (V:14 N:7)
- September
4, 1998 issue (V:14 N:6)
- August
3, 1998 issue (V:14 N:5)
- July
3, 1998 issue (V:14 N:4)
- June
3, 1998 issue (V:14 N:3)
- May
7, 1998 issue (V:14 N:2)
- April
5, 1998 issue (V:14 N:1)
- March
8, 1998 issue (V:13 N:12)
- February
8, 1998 issue (V:13 N:11)
- January
5, 1998 issue (V:13 N:10)
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1997:
- December
5, 1997 issue (V:13 N:9)
- November
1, 1997 issue (V:13 N:8)
- October
6, 1997 issue (V:13 N:7)
- September
6, 1997 issue (V:13 N:6)
- August
4, 1997 issue (V:13 N:5)
- July
2, 1997 issue (V:13 N:4)
BAN.
changed to a 12 issue per year schedule.
- June
2, 1997 issue (V:13 N:3)
- May
5, 1997 issue (V:13 N:2)
- April
7, 1997 issue (V:13 N:1)
- March
10, 1997 issue (V:12 N:13)
- February
10, 1997 issue (V:12 N:12)
- January
12, 1997 issue (V:12 N:11)
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1996:
- December
12, 1996 issue (V:12 N:10)
- November
12, 1996 issue (V:12 N:9)
- October
12, 1996 issue (V:12 N:8)
- September
9, 1996 issue (V:12 N:7)
- August
12, 1996 issue (V:12 N:6)
- July
20, 1996 issue (V:12 N:5)
- June
26, 1996 issue (V:12 N:4)
- May
28, 1996 issue (V:12 N:3)
- May
3, 1996 issue (V:12 N:2)
- April
3, 1996 issue (V:12 N:1)
- March
6, 1996 issue (V:11 N:13)
- February
7, 1996 issue (V:11 N:12)
- January
14, 1996 issue (V:11 N:11)
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1995:
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1994:
- December
15, 1994 issue (V:10 N:10)
- November
15, 1994 issue (V:10 N:9)
- October
18 1994 issue (V:10 N:8)
- September
20, 1994 issue (V:10 N:7)
- August
23, 1994 issue (V:10 N:6)
- July
26, 1994 issue (V:10 N:5)
- June
28, 1994 issue (V:10 N:4)
- May
31, 1994 issue (V:10 N:3)
- May
3, 1994 issue (V:10 N:2)
- April
5, 1994 issue (V:10 N:1)
- March
8, 1994 issue (V:9 N:13)
- February
8, 1994 issue
(V:9 N:12)
- January
11, 1994
issue (V:9 N:11)
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1993:
- December
12, 1993 (V:9 N:10)
- November
14, 1993 (V:9 N:9) (Not yet available)
- October
17, 1993 (V:9 N:8)
- September
19, 1993 (V:9 N:7)
- August
22, 1993 (V:9 N:6)
- July
25, 1993 (V:9 N:5)
- June
27, 1993
(V:9 N:4)
- May
30, 1993 (V:9 N:3)
- May
3, 1993 (V:9 N:2)
- April
5, 1993 (V:9 N:1)
- March
8, 1993 (V:8 N:13)
- February
8, 1993 (V:8 N:12)
- January
8, 1993 (V:8 N:11)
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1992:
- December
10, 1992
(V:8 N:10)
- November
6, 1992 (V:8 N:9)
- October
5, 1992
(V:8 N:8)
- September
9, 1992 (V:8 N:7)
- August
13, 1992
(V:8 N:6)
- July
17, 1992
(V:8 N:5)
- June
15, 1992 (V:8 N:4)
- May
24, 1992
(V:8 N:3)
- April
27, 1992 (V:8 N:2)
- March
30, 1992
(V:8 N:1)
- March
1, 1992
(V:7 N:13)
- February
2, 1992
(V:7 N:12)
- January
2, 1992 (V:7 N:11)
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1991:
- December
9, 1991 (V:7 N:10) (not yet available)
- November
11, 1991 (V:7 N:9)
- October
14, 1991 (V:7 N:8)
- September
16, 1991 (V:7 N:7)
- August
19, 1991 (V:7 N:6)
- July
22, 1991 (V:7 N:5)
- June
24, 1991 (V:7 N:4)
- May
30, 1991 (V:7 N:3)
- May
1, 1991 (V:7 N:2)
- April
3, 1991 (V:7 N:1)
- March
7, 1991 (V:6 N:12)
- February
9, 1991 (V:6 N:11)
- January
14, 1991 (V:6 N:10)
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Additional
articles/essays:
- 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. |
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