Illinois Bill to Accomodate Republican National Convention is Introduced

February 28th, 2007

On February 28, HB 687 was introduced in the Illinois house. It relaxes the law that requires qualified parties to certify their presidential and vice-presidential candidates by the end of August. Since the Republican Party’s national convention won’t choose the national ticket until September 3 and 4, this bill is needed, to make sure the Republican Party’s national ticket appears on the November 2008 Illinois ballot. Similar bills will be needed in four other states.



Oregon Fusion Bill Introduced

February 28th, 2007

On February 28, ten Oregon state representatives introduced HB 3040, to legalize fusion. Six of the sponsors are Democrats and four are Republicans.

There will soon be a fusion bill in Maine as well.

Constitution Party National Committee Will Choose National Convention City

February 28th, 2007

The Constitution Party’s national committee will meet in Boise, Idaho, April 20-21, 2007. The committee will choose the location of the party’s 2008 national convention, which will be in the spring of 2008.

Libertarians Lose Oklahoma Ballot Access Case in State Court of Appeals

February 28th, 2007

On February 27, the Oklahoma State Court of Appeals upheld Oklahoma’s laws on how a new or previously unqualified party may appear on the ballot. The case is Libertarian Political Organization v Clingman, no. 103,592. The vote was 3-0. The party will appeal to the Oklahoma Supreme Court, which may choose whether or not to hear the case. The case had been filed in 2004, the year in which the party submitted 26,462 signatures. The requirement that year was 51,781. No other group submitted any signatures in Oklahoma in 2004, and no one appeared on the Oklahoma ballot in November 2004 for president except President Bush and Senator Kerry.

The decision discusses the evidence the party presented, but seems not to accept that the evidence is necessarily true. The decision says, “The Libertarian Party of Oklahoma claims that the statute has a substantial effect upon its associational rights, as shown by the following historical ‘facts’.”
By putting the word “facts” in quotes, the Court is saying it doesn’t necessarily believe the evidence, even though it was uncontradicted and given under penalty of perjury. Those facts, the Court goes on to say, are: “(1) In 2004, Oklahoma allegedly was the only state that had no other political party choices on its presidential ballot besides the Republican and Democrat (sic) parties; (2) When no other parties besides besides the two major parties appear, there is no possibility of voting for a candidate other than a Republican or Democrat for president since Oklahoma does not permit ‘write-in’ voting; (3) Most other states require a political party to obtain signatures equivalent to 2.5% or less of the total number of voters.” The court then says, “Even if we accept all these allegations as true, they do not support Plaintiff’s argument that Oklahoma’s ballot access laws are unreasonably (with “unreasonably” in italics) restrictive, severe, or discriminatory.”

The Court does not seem to understand that the median petition requirement for new parties in the 50 states is less than 1%. The decision says, “Many states only have a 2.5% signature requirement.” Actually, only two states, South Dakota and Tennessee, have a 2.5% petition requirement for new parties.

The decision says the law is not severe because the Libertarian Party was able to comply with it in 1980, 1996 and 2000, and because the Reform Party was able to comply with it in 1996 and 2000. It says the 5% petition requirement is needed “to discourage ‘frivolous’ candidates, party raiding, and ’sore loser’ candidates by spurned contenders.” Party raiding and sore losers have nothing to do with the number of signatures required. And as to frivolous candidates, the court fails to say that Oklahoma law permits independent candidates (for all office except president) to get on the November ballot with no petition at all. They merely pay the filing fee, which is never more than $600.

The Oklahoma Constitution says that elections shall be “free and equal”, and this case was filed in state court to argue that the State Constitution does not permit Oklahoma to keep all parties and all presidential candidates off its ballot. The decision contains no discussion whatsoever of the Oklahoma Constitutional provision. That part of the Oklahoma Constitution is not even mentioned in the decision.

Instead, the decision says that since the 10th circuit upheld the law in 1988, therefore it must be constitutional. The deadline is 30 days earlier than it had been in 1988, but the Court dismisses this.

Briefing Schedule for Washington Case in US Supreme Court

February 28th, 2007

As has been noted, on February 26 the U.S. Supreme Court agreed to hear Washington state’s appeal in the “top-two” case. The state’s first brief on the merits in the U.S. Supreme Court is due on April 12. Then the briefs of the Democratic, Republican and Libertarian Parties are due on May 17, with the state permitted to file a rebuttal brief in June. The hearing itself will be in October or November 2007.

Probably one of the effects of the Court’s agreeing to hear the case is that several election bills in Washington will now be put on hold for this year’s legislative session. That probably includes HB 1534, which made some positive changes to the minor party and independent candidate procedures.

Florida Special Election

February 28th, 2007

On February 27, Florida held a special legislative election in the 3rd House district (northwest Florida). The results were Republican 55.6%, Democratic 44.4%. The last time this seat was up, in November 2006, the vote had been Republican 62.4%, Democratic 37.6%.

California February Presidential Primary Bill Advances Again

February 27th, 2007

On February 26, the California Assembly Appropriations Committee passed SB 113, the February presidential primary bill. The Assembly is likely to pass it on March 1 and send it to the Governor.

Daniel Imperato Will Seek Reform Party Nomination

February 27th, 2007

Businessman Daniel Imperato has been campaiging for president as an independent candidate since early 2006. He now says he will seek the Reform Party nomination. He lives in West Palm Beach, Florida. The Reform Party is ballot-qualified in four states: Florida, Kansas, Louisiana and Mississippi.

New Jersey Presidential Primary Bill Advances

February 27th, 2007

On February 26, the New Jersey Assembly Elections Committee passed S2193, to move the presidential primary to February 5. Bills are pending in at least 15 states to move the primary to an earlier date.

Senator Chuck Hagel Said to be Looking at Unity08

February 27th, 2007

According to a USA Today story of February 25, U.S. Senator Chuck Hagel (R-Nebraska) is considering running for president as a Republican, but he is also considering seeking Unity08’s nomination. The story can be seen here. Thanks to Taegan Goddard’s Political Wire for this news.

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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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  • 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]

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