2008 PETITIONING FOR PRESIDENT
(updated September 6, 2008)
TOTAL STATES ON THE BALLOT
Libertarian Party
Green Party
Constitution Party
Nader (Indep.)
42
31
33
39
 
     

Michigan Anti-Affirmative Action Initiative Stays on Ballot

August 30th, 2006

On August 30, a U.S. District Court ruled that Michigan’s anti-affirmative action initiative should remain on the ballot. Operation King’s Dream v Connerly, 06-12773. Plaintiffs charged it should be removed from the ballot because some circulators told the potential signers that the initiative would save affirmative action. Judge Arthur Tarnow, a Clinton appointee, accepted this evidence, but ruled that the initiative still would have had enough valid signatures even without the misrepresentation. He also noted that nothing in state law addresses statements made by circulators to potential signers. He said the Voting Rights Act does not apply, because the misstatements were made to voters of all racial and ethnic groups, not just to African-American voters. The case is being appealed to the 6th circuit.



Virginia Open Primary Case Gets Closer to a Decision

August 30th, 2006

On August 30, the 4th circuit issued on opinion in Miller v Brown, telling the U.S. District Court to decide the case. The issue is whether the Virginia Republican Party can enforce a bylaw (in effect, for now, only in one state senate district), that no one can vote in the Republican primary if they have voted in the last 5 years in a Democratic primary, unless that voter signs a statement of support for the Republican Party.

The US District Court had ducked the issue, saying since the bylaw won’t have any practical effect until 2007, the case is not ripe. Today, the 4th circuit told the US District Court that the case is ripe, and that the US District Court should decide the issue. Miller v Brown, 05-2254. The decision was written by Judge Joseph R. Goodwin, a Clinton appointee.

Ohio Independent Congressional Case to be Decided without Oral Argument

August 30th, 2006

Charlie Morrison is trying to be placed on the Ohio ballot for U.S. House, 15th district, as an independent. His petition was approved, but he was still rejected because he had voted in this year’s Republican primary. Ohio law is very vague about whether voting in a major party primary disqualifies one as running as an independent (for example, the Green Party’s candidate for Governor this year, who qualified as an independent, also voted in a major party primary this year, and he was not disqualified). Ohio does not have registration by party.

Morrison’s lawsuit in federal court to get on the ballot had been scheduled for an oral argument on August 30. However, both sides agreed to let the judge decide, based on the briefs; the hearing itself was cancelled and a decision will be out next week.

6th Circuit Will Probably Hear Stewart v Blackwell on Dec. 6

August 29th, 2006

The 6th circuit will probably hear Stewart v Blackwell on December 6. This is not a ballot access case. But it is very important for the future of all election law constitutional litigation, for the entire nation. Stewart v Blackwell deals with whether the 14th amendment requires that all voters in the state have an equal opportunity to have their vote count. Specifically, can the state use voting equipment with a good rate of preventing voter error in some counties, and worse voting equipment in other counties? The issue all hinges on whether the US Supreme Court meant what it said in Bush v Gore, that each voter must be treated equally. The 6th circuit already ruled 2-1 that Bush v Gore meant what it said, and therefore Ohio could not use punchcard systems in some counties. But the state persuaded the 6th circuit to grant a rehearing before all the 6th circuit full-time judges, and that will probably be December 6. All the briefs are in.

Colorado Republican Retiring Congressman Almost Became a Write-in Candidate

August 29th, 2006

Colorado’s 5th U.S. House district (Colorado Springs) has been represented by Congressman Joel Hefley for 20 years. Earlier this year, Hefley announced his retirement. However, Hefley is so distressed with the man who won the Republican primary to replace him, that Hefley was thinking of running for re-election after all, as a write-in candidate. The Republican candidate is State Senator Doug Lamborn. However, at 11:45 am (Colorado time) on August 29, Congressman Hefley said he would not be a write-in candidate after all.

Working Families, Green Party Have Enough Valid Signatures in Massachusetts

August 28th, 2006

Both the Green and Working Families Parties will have statewide candidates on the Massachusetts ballot this year.

Now is the Time to Ask State Legislators to Introduce Ballot Access Reform Bills

August 28th, 2006

Next year, almost every state legislature will be meeting. It is very common for state legislators to decide which bills they will introduce, during the last few months of even-numbered years. If you live in a state with faulty election laws, and you hope to persuade your state legislature to improve them, now is the time to ask legislators to sponsor such bills. Groups are already working on this project (for ballot access improvements) in California, Georgia, Oregon, Pennsylvania, and perhaps other states.

Florida Voter Registration Law Enjoined

August 28th, 2006

On August 28, U.S. District Court Judge Patricia Seitz, a Clinton appointee in the southern district (Miami), enjoined the state from enforcing a 2005 law that imposes very large fines on individuals and groups that register voters, if those individuals or groups don’t turn in the registration forms within 10 days after they are filled out. League of Women Voters v Cobb, 06-21265. Thanks to Rick Hasen for this news.

Romanelli Files In Pennsylvania Supreme Court

August 28th, 2006

On August 28, Carl Romanelli filed an appeal of his ballot access lawsuit in the Pennsylvania Supreme Court. Romanelli v Caroselli. It argues that the correct number of signatures needed for statewide minor party and independent petitions this year is 15,494, not 67,070. This lawsuit is the only remaining hope for any statewide minor party or independent candidate to be on the Pennsylvania ballot this year, since the rehearing to the 3rd circuit on the constitutional issue, even if granted, would not be heard in time for the election. The challenge proceedings to the Green Party petition are not complete, but since the party turned in 94,000 signatures, and so far 60% of them are invalid, clearly the party won’t be able to show that it has 67,070 valid.

New York Libertarian Petition Challenged by a Republican

August 28th, 2006

On August 28, a former Republican candidate for Congress filed an objection to the New York Libertarian Party statewide petition. In the thirty years that the Libertarian Party has been getting on the statewide ballot in New York, this is the second time its petitions have been challenged (the other time was 1994, when the party initially nominated Howard Stern for Governor, later replaced by Bob Schulz). So far, there are no challenges this year to the other statewide petitions (filed by the Green, Socialist Workers, and Socialist Equality Parties).

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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.