Senate Confirms FEC Nominees

June 24th, 2008

On June 24, the U.S. Senate approved five new Federal Election Commissioners. This is good news for Ralph Nader and Cynthia McKinney, since primary season matching funds can now be released (although McKinney hasn’t yet raised enough money to qualify).



New Four-Way Presidential Poll

June 24th, 2008

A Los Angeles Times/Bloomberg poll released on June 24 shows these results when four candidates are listed: Obama 48%, McCain 33%, Nader 4%, Barr 3%, other 2%, don’t know 10%. Here are the details. Scroll down to the 3rd chart to find these numbers. Thanks to Tim Brace for this news.

Democrats Re-File Lawsuit Against Federal Election Commission Over McCain Primary Season Matching Funds

June 24th, 2008

On August 13, 2007, John McCain filed paperwork with the Federal Election Commission, to establish his interest in receiving primary season matching funds. Later he demonstrated that he had qualified (by raising more than $5,000 from each of 20 states). However, he never accepted primary season funds. If he had received them, he would have been required to limit his spending during the primary season (which runs all the way until September 1, 2008) to $56,757,500.

On February 25, 2008, the Democratic National Committee filed a complaint against McCain with the Federal Election Commission, charging him with violating the federal campaign finance law. Specifically, the Democrats complained that McCain had spent more than $56,757,500. Although the Democrats agree that McCain never actually took primary season matching funds, they argue that since he benefited from being eligible for the funds, and since the FEC never voted to release him from the primary season matching funds program, therefore he ought to obey the spending limit. The benefits McCain received from being eligible for primary season matching funds were that he was put on the presidential primary in Delaware and Ohio automatically (otherwise he would have needed petitions). Also the Democrats say that McCain received a bank loan based on his eligibility, although this is disputed.

On April 14, the Democratic National Committee sued the FEC, because the FEC had taken no action on the Democratic complaint. But on May 14, U.S. District Court Judge John D. Bates dismissed the lawsuit, because no one is permitted to sue the FEC until 120 days after filing the original complaint with the FEC. Now, on June 24, the 120 days are up, so the Democratic National Committee has re-filed. The case is again assigned to Judge Bates. The case is Democratic National Committee v FEC, 1:08-cv-1083, in Washington, D.C. Judge Bates is a Bush Jr. appointee.

New Mexico Green Likely to Get on Ballot for Public Regulation Commission

June 24th, 2008

The New Mexico Green Party is ballot-qualified. But under a restrictive election law, ballot-qualified parties that didn’t poll 5% of the vote in the last election must submit petitions for all their nominees (except no such petition is needed for president).

This year, the Green Party nominated Rick Lass for Public Regulation Commission. He needed 1,377 valid signatures by June 24, and he is about to turn in 3,500 signatures. Public Regulation Commission was formerly called Corporation Commission. It is a 5-member body that regulates utility rates, and also enforces state rules concerning insurance and transportation companies. New Mexico is divided into 5 districts, with each district electing one member of the Commission.

Lass probably has also qualified for public funding. He needed to receive $5 contributions from each of 260 people, and he will submit evidence that he did so. New Mexico state public funding only applies to Public Regulation Commission elections, and judicial elections. In 2006, another Green also qualified for Public Service Commission, and also qualified for public funding. However, in 2006, the public funding was much smaller. The 2006 Green candidate received approximately $12,000 in public funding. This year, if Lass does qualify for public funding, he will receive approximately $63,000. His only opponent is a Democrat.

North Carolina Libertarian Party Nominates City Councilmember for Legislative Race

June 24th, 2008

The North Carolina Libertarian Party recently nominated some more candidates for Congress and state office. Among the nominees is Timothy Rohr, a city councilmember in Lenoir. He is running for state representative in the 87th district. See this newspaper story.

The complete list of Libertarian nominees for North Carolina office will be final on June 30. The list will include a U.S. Senate nominee.

Gloria La Riva is On Ballot in Utah and Vermont

June 24th, 2008

The Party for Socialism and Liberation has been told by elections officials in Utah and Vermont that its petitions (for Gloria La Riva for president and Eugene Puryear for vice-president) have enough valid signatures.

Parties are Free to Nominate a Presidential and a Vice-Presidential Candidate from the Same State

June 23rd, 2008

Green Party Watch recently said that the U.S. Constitution forbids a party from running a candidate for president and a candidate for vice-president who are both from the same state. This is a common misconception.

The 12th Amendment says that a presidential elector can’t vote for someone for president and someone else for vice-president, if both candidates are from that elector’s home state. So, the only barrier is that the electors from one particular state can’t vote for such a team. Electors in the other 49 states are free to vote for a team in which both members are from the same state.

Also, the ban only applies to residence in December of the presidential election, the month when the electors vote. So if a minor party did carry the state in which both the president and vice-president live, the electors are still free to vote for that team if either the presidential candidate, or the vice-presidential candidate, moves out of that state before the mid-December date when the electors vote.

George W. Bush and Dick Cheney both lived in Texas when they were nominated in 2000, but Cheney switched his residence to Wyoming, so that the Bush-Cheney ticket was able to receive the votes of the Texas electors.

In the past, the Socialist Workers Party frequently nominated two New Yorkers, one for president and one for vice-president. The party’s national office has always been in New York and it was usually more convenient to the party to have both candidates living in New York. Challenges to the party’s ballot position in New York were made on the basis of residence, but the New York State Courts always upheld the SWP’s ballot position.

Four Statewide petitions filed in Illinois

June 23rd, 2008

June 23 was the Illinois petition deadline for independent candidates, and candidates of unqualified parties. Besides the 49,000 signatures turned in by the Libertarian Party, and the 52,000 turned in by Ralph Nader, there were also petitions submitted by the Constitution Party and the New Party. Illinois is the only state in which someone can get on the general election ballot with a petition that is below the legal minimum. However, this only happens when no one challenges a petition that is below the legal minimum. The Constitution Party and New Party petitions don’t have as many as 25,000 signatures, so they will wait to see if they are challenged. The New Party presidential candidate is John Joseph Polachek of Chicago.

Another unique Illinois law requires unqualified parties to file a complete slate of candidates. This means that, this year, they must run somone for U.S. Senator if they are also running someone for president. The Libertarian and Constitution Parties followed this law, but the New Party did not include a candidate for U.S. Senate, so that is another basis on which the New Party petition could be challenged. This Illinois law is probably unconstitutional, however.

Massachusetts Newspaper Asks Legislature to Pass National Popular Vote Plan Bill

June 23rd, 2008

On June 23, the Waltham, Massachusetts Daily News Tribune ran this editorial, calling on the Massachusetts legislature to pass the National Popular Vote Plan bill before the legislature adjourns in July.

Cindy Sheehan Has 3,500 Signatures

June 23rd, 2008

Cindy Sheehan, who hopes to be the first independent candidate for U.S. House on the California ballot since 1996, has 3,500 signatures as of June 23. She needs 10,198 valid, by August 8. The Peace & Freedom Party and the Green Party have endorsed her, as has Cynthia McKinney. She is running in the 8th district, which includes most of San Francisco. The only parties that have nominated someone for that seat are the Democratic, Republican and Libertarian 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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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]

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