Ballot Access News -- December 1, 2006

MINOR PARTY AND INDEPENDENT VOTE FOR TOP OFFICES IS 2^nd BEST MID-TERM RESULT SINCE 1934

In November 2006, 5.0% of the vote for the top office on the ballot went to minor party and independent candidates. This is the second-best showing in a mid-term election for "other" since 1934. The "other" vote was 5.3% in 2002.

"Top office" is Governor, in the 36 states that elected a Governor. In the others, it is U.S. Senate. In Kentucky, Louisiana, and North Carolina, which had no partisan statewide elections, it is U.S. House. "Other" does not include votes cast for minor party nominees who were also major party nominees. "Other" also does not include "None of the Above" in Nevada, nor does it include write-ins.

Using the same rules for previous mid-term years gives these results:

1998	4.9%
1994	4.5%
1990	4.6%
1986	3.6%
1982	1.8%
1978	2.4%
1974	2.4%
1970	3.4%
1966	3.2%
1962	1.1%
1958	.9%
1954	.6%
1950	1.1%
1946	1.4%
1942	4.8%
1938	3.8%
1934	5.6%
1930	6.1%
1926	4.5%
1922	4.2%
1918	6.8%
1914	16.3%

The "other" vote in 1914 was high because there were three strong minor parties that year. The Progressive Party received 10%, the Socialist Party 4%, and the Prohibition Party 2%. They each elected at least one member to Congress that year.

Many states still haven’t released official vote tallies. Using a combination of official and unofficial tallies from all states, these are the totals so far for each party for the "top" office: Democratic 40,264,560 (49.28%); Republican 37,379,872 (45.75%); independent 1,797,050 (2.20%); Green 949,185 (1.16%); Libertarian 778,395 (.95%); Constitution 193,063 (.24%); Reform 97,677 (.12%), other parties 245,289 (.30%). See the vote by state and the breakdown of the other parties below.

2006 VOTE FOR OFFICE AT TOP OF BALLOT

	Dem.	Repub.	Green	Lib’t.	Constit.	Reform	oth(1)	oth(2)	Independent
Alab.	518,750	717,287	`	?	`	`	`	`	`
Alas.	96,824	114,204	586	680	`	`	1,265	`	22,418
Ariz.	959,830	543,528	`	30,268	`	`	`	`	`
Ark.	421,051	309,996	13,068	`	`	`	`	`	15,913
Cal.	3,223,705	4,640,102	192,997	109,293	58,692	`	65,912	`	`
Colo.	779,741	566,303	`	20,527	8,705	`	`	`	9,629
Conn.	398,220	709,849	9,583		5,560
Del	170,567	69,734	`	2,671	`	`	`	`	`
Fla.	2,178,289	2,519,845	`	15,987	`	92,595	`	`	22,407
Ga.	811,049	1,229,724	`	81,412	`	`	`	`	`
Hi.	121,709	215,280	5,433	1,849	`	`	`	`	`
Ida.	198,845	237,437	`	7,241	7,309	`	`	`	`
Ill.	1,677,497	1,332,755	349,128	?	?	`	`	`	`
Ind.	`	1,171,596	`	168,828	`	`	`	`	`
Iowa	565,657	466,757	7,722	5,621	`	`	1,957	`	`
Kan.	480,532	336,583	`	8,652	`	5,082	`	`	`
Ky.	597,572	606,307	`	39,256	774	`	`	`	`
La.	295,762	579,702	`	25,772	1,262	`	`	`	`
Me.	206,753	164,514	52,059	`	`	`	`	`	120,422
Md.	942,374	825,634	15,554	`	`	`	3,481	`	`
Mass.	1,230,065	779,807	43,032	`	`	`	`	`	154,012
Mich.	2,142,589	1,609,182	20,016	23,508	7,084	`	`	`	`
Minn.	1,007,461	1,028,568	10,850	`	`	`	141,735	`	13,425
Miss.	205,786	375,836	`	9,106	`	`	`	`	`
Mo.	1,048,301	1,002,007	18,292	48,133	`	`	`	`	`
Mont.	198,897	196,061	10,367	`	`	`	`	`	`
Nebr.	144,624	434,802	`	`	8,894	`	`	`	3,740
Nev.	255,684	279,003	6,753	`	20,019	`	`	`	`
N.H	298,677	104,223	`	116	`	`	`	`	`
N.J.	1,163,381	974,525	`	14,340	`	`	3,348	2,452	29,943
N.M.	384,516	174,253	`	`	`	`	`	`	`
N.Y.	2,856,027	1,200,226	40,346	14,799	`	`	7,062	`	13,712
No.C.	1,026,915	913,893	`	`	`	`	`	`	`
No.D.	150,146	64,417	`	2,194	`	`	`	`	1,395
Ohio	2,312,735	1,411,678	38,771	68,163	`	`	`	`	`
Okla.	616,135	310,327	`	`	`	`	`	`	`
Ore.	698,561	588,155	19,978	16,751	50,103	`	`	`	`
Pa.	2,345,082	1,652,486	?	?	?	`	`	`	`
R.I.	182,350	188,773	`	`	`	`	`	`	`
So.C.	489,084	601,871	`	`	`	`	`	`	`
So.D.	121,242	207,000	`	3,286	4,006	`	`	`	`
Tenn.	1,241,606	538,508	2,681	`	`	`	`	`	27,345
Tex.	1,309,774	1,714,618	`	26,726	`	`	`	`	1,342,759
Utah	169,421	344,541	2,374	4,210	20,655	`	8,965		`
Vt.	108,090	148,014	1,936				638		3,693
Va.	1,175,606	1,166,277	26,102	`	`	`	`	`	`
Wa.	1,170,988	826,296	20,699	29,006	`	`	`	`	16,237
W.V.	293,848	153,013	`	`	`	`	8,474	`	`
Wis.	1,136,726	976,275	40,858	`	`	`	`	`	`
Wyo.	135,516	58,100	`	`	`	`	`	`	`

Parties in the "Other (1)" column are: Alaskan Independence; Peace & Freedom (Ca.); Socialist Workers (Iowa, N.J, N.Y.); Populist (Md.); Independence (Mn.); Personal Choice (Ut.); Liberty Union (Vt.); Mountain (W.V.). The party in the "Other(2)" column is Socialist.

RARE DEBATE VICTORY

On October 30, U.S. District Court Judge James Whittemore, a Clinton appointee, issued an order requiring that WFLA-TV (sponsor of the Florida gubernatorial debate set for that night) admit Max Linn, the Reform Party nominee. Linn v Media Group Corp., 8:06-cv-2005. The court convened at 4:30 p.m., and the judge issued his ruling at 5 p.m. The debate started at 7 p.m. Chris Matthews was the debate moderator, and he seemed to take the transformation of the debate from a 2-way to a 3-way event with equanimity.

The basis for the order was that WFLA-TV had said it would admit anyone who was at 7% in polls. Linn had 8.7% in one poll, so this case was about forcing the sponsor to honor a commitment. This case is not a precedent that certain poll thresholds are too high.

This case was in federal court because WFLA-TV lawyers had transferred it there. The original case had been filed in state court. This case should not be confused with a similar Max Linn lawsuit filed to get into the debate of October 24. In that earlier case, Linn won in lower court but the next day a State Appeals Court had reversed his victory.

VOTERS APPROVE ALL BALLOT QUESTIONS ON INSTANT-RUNOFF

On November 7, voters passed Instant-Runoff in all four jurisdictions that were voting on it. Oakland, California, passed it with 69%. Minneapolis passed it by 65%.

In Davis, California, voters passed Measure L, which provides for Single Transferable Vote for multi-winner elections such as City Council at-large. This is the system used in Cambridge, Massachusetts and the system used in New York city council elections between 1937 and 1949. It is like Instant-Runoff Voting, but since it applies to multi-winner office, it is possible for a group to elect one candidate even if the group is a minority of the electorate.

In Pierce County, Washington, the voters passed IRV for partisan county elections.

In both California and Minnesota, the voters elected a new Secretary of State. In each case, the new Secretary of State had endorsed IRV, wheras the old one had not done so.

Other election reforms were defeated by the voters. Oregon voters refused to amend their Constitution to make campaign contribution limits possible. California voters defeated public funding. Massachusetts voters defeated fusion. Oregon voters defeated legislative term limits. Florida voters weakened the initiative process, by passing a measure that will require all ballot measures in the future to pass with 60% of the vote (ironically, this measure itself received less than 60% of the vote, but since it hadn’t gone into effect yet, it passed). However, Rhode Island voters passed a measure to let ex-felons vote, even if they are still on probation or parole.

3^rd CIRCUIT ADMITS FACTUAL ERROR

On November 3, the three judges in the 3^rd circuit who had upheld Pennsylvania ballot access law retracted their August 23 opinion. They then re-issued the same opinion, with several paragraphs missing. Rogers v Corbett, 06-2241.

The case attacks a law that says even if a party polls enough votes to meet the definition of "party", that it cannot be on the ballot unless it submits 67,070 signatures. The August decision had upheld that law. It said the reward for a group meeting the 2% vote test is that it may show all it

December 1, 2006 – Volume 22, Number 8