2008 PETITIONING FOR PRESIDENT
(updated October 7, 2008)
TOTAL STATES ON THE BALLOT
Libertarian Party
Green Party
Constitution Party
Nader (Indep.)
45
32
37
46
 
     

Democratic Rules Committee Gives Florida and Michigan Each Half a Delegation

May 31st, 2008

The Rules Committee of the Democratic Party has unanimously agreed to give Florida Democrats half their delegation, and has also agreed to give Michigan Democrats half as well. All individuals from those two states will be seated, each with a half-vote. The Florida apportionment of delegates matches the results of the Florida presidential primary. The Michigan apportionment does not match the results of the Michigan Democratic primary, since Barack Obama’s name was not on the Michigan Democratic ballot. Instead, Obama get 59 Michigan half-delegates, and Hillary Clinton gets 69 Michigan half-delegates. Some of the Clinton supporters are still unhappy about today’s compromise and may ask for a revision from the national Credentials Committee.



McCain Meets with State Chair of N.Y. Independence Party

May 31st, 2008

This Newsday story, published May 31, says that U.S. Senator John McCain met briefly with the state chair of the Independence Party of New York, Frank MacKay. The story hints that McCain is seeking the Independence Party’s nomination. The story says that only 7 states allow fusion, but for president this is not true. Approximately half the states allow fusion for president. It is impossible to say an exact number of states, because it depends on whether one is talking about fusion between two qualified parties, or fusion between a qualified party and an unqualified party, or fusion involving a party and an independent candidate.

The New York Independence Party in the past has always supported a minor party or independent presidential candidate. It nominated Ross Perot in 1996, John Hagelin in 2000, and Ralph Nader in 2004.

Boston Herald Article on Chances of National Popular Vote Bill Passing in Massachusetts

May 31st, 2008

The May 30 Boston Herald has this article on the chances of the National Popular Vote Plan bill passing this year in Massachusetts. In summary, it seems somewhat likely.

Georgia Democratic Party Files New Lawsuit Against Photo ID Law

May 31st, 2008

On May 23, the Georgia Democratic Party filed a new lawsuit against that state’s law requiring voters at the polls to show a government photo-ID. The suit depends on the Georgia Constitution, which sets forth the requirements for anyone to vote. The Constitution just sets age, citizenship and residency requirements. The lawsuit charges that an ordinary statute that adds to those qualifications violates the State Constitution. Democratic Party of Georgia v Perdue, Superior Court, Fulton Co., 2008-cv-151081. Thanks to Ed Still’s VoteLaw blog for this news.

The original law had been declared unconstitutional by a federal court several years ago. The legislature had then amended the law so the state ID is free. Then, the federal court had upheld the new law. The new lawsuit, depending on the state constitution, does not include any plaintiffs except the Georgia Democratic Party itself. The Georgia Secretary of State, Karen Handel, a Republican, seemed outraged by the new lawsuit. She said it is “extraordinarily outrageous and frivolous.”

Illinois “Straight-Ticket” Bill Seems Dead

May 31st, 2008

May 31, Saturday, is the last day of the regular session of the Illinois legislature’s spring session. HB 2673, which would restore the “straight-ticket” device to Illinois general election ballots, seems dead. The bill has not passed either House, and the legislature expects to spend all day on May 31 working on the budget.

A “straight-ticket” device was used in Illinois until 1997, when it was repealed. Many Democratic leaders in Illinois support the device. It enables voters to cast a vote for all nominees of one party, without the voter even needing to look at any part of the ballot except for the device itself, which is always at the top of the ballot.

Two Florida Major Party Congressional Candidates Sue for Ballot Access

May 30th, 2008

Two major party congressional candidates in Florida have sued the Florida Elections Division over ballot access. The two candidates had both been running active campaigns, for many months. They both submitted incomplete or incorrect paperwork, so both are being kept off primary ballots unless they win their lawsuits.

The Democratic candidate is Professor Larry Byrnes, running in the 14th district. He went to all the trouble of collecting over 5,400 signatures in lieu of the filing fee. Unfortunately he filled out the form for write-in candidates, not the form for candidates seeking a place on a primary ballot. If Byrnes does not get on the ballot, another Democrat is also running, so the Democratic Party will not be left without a nominee.

The Republican candidate is Bob Hering, running in the 8th district. He is a veteran of the Iraq war. Like Byrnes, he has been campaigning for months. He filed timely but omitted one particular form. This district also has another Republican running, so again, if Byrnes loses, the Republican Party will still have a nominee in this district.

Both candidates charge that the Division of Elections had a duty to inform them that their paperwork was incorrect or incomplete. The two lawsuits are being heard together in Leon County Circuit Court on June 11. Byrnes v Division of Elections, 37-2008-cv-1615, and Hering v Division of Elections, 37-2008-cv-1494. Byrnes is represented by Mark Herron, one of Florida’s most experienced election law attorneys. Thanks to IndependentPoliticalReport for the news about Byrnes.

Washington Secretary of State Debates Democratic County Chair on “Top-Two”

May 30th, 2008

Here is an account of a debate held May 28 between Washington’s Secretary of State, and the chair of the Whatcom County Democratic Party, over the “top-two” election system that will be tried for the first time in Washington state this year. Thanks to Steve Rankin.

Anthony Pollina Will Run for Governor Despite Democratic Opposition

May 29th, 2008

On May 29, Anthony Pollina, Vermont Progressive Party state chair, held a press conference to reiterate that he is still running for Governor. There had been speculation that he might bow out of the race and run for Lieutenant Governor instead, since the Democrats recently recruited a candidate for Governor.

Ohio Legal News

May 29th, 2008

1. The Ohio Libertarian Party will file its lawsuit, alleging that it is a qualified party, between June 2 and June 6.

2. The Ohio Secretary of State has decided to ask the U.S. Supreme Court to restore Ohio’s law, making it illegal for anyone to pay initiative circulators on a per-signature basis. The brief will be filed in June.

3. The U.S. District Court in Columbus is about to set a hearing date in Brian Moore v Jennifer Brunner, the challenge to Ohio’s law making it illegal for out-of-staters to circulate an independent candidate petition.

4. The 6th circuit will hear Nader v Blackwell on July 22. This is a lawsuit filed against former Secretary of State Ken Blackwell as an individual, not in his capacity as Secretary of State. The lawsuit charges that Blackwell personally injured Ralph Nader in 2004, when he ruled that anyone could circulate an initiative petition (even though the law forbade it), yet at virtually the same time, he removed Nader from the ballot because he believed that some of Nader’s petitioners were not bona fide Ohio residents.

Leading Massachusetts Republican May Have Ballot Access Woes

May 28th, 2008

The Massachusetts Republican Party’s preferred candidate for U.S. Senate this year may have failed to gather the needed 10,000 valid signatures to place his name on the Republican primary ballot. See this story. The candidate is Jim Ogonowski. He is 82 signatures short, except that there may be some additional signatures for him still in the mail to the Secretary of State’s office from a few town clerks.

Massachusetts and Virginia are tied in having the highest number of signatures needed for a candidate (with party organization support) to get on a primary ballot for statewide office. Each state requires 10,000 signatures. In Virginia, any registered voter may sign, and signatures generally aren’t even checked. But in Massachusetts, only registered members of that party, as well as independents, may sign to place a candidate on a primary ballot.

A second Republican in Massachusetts (one who is not favored by the party organization), Jeff Beatty, did get enough signatures, so the party will have a US Senate nominee no matter what happens to the Ogonowski petition.

 

 

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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.