Illinois Legislature Considers Multiple Bills to Alter How Republican Party Chooses Central Committee

March 31st, 2009

A few Illinois Republican legislators desire to change the election law, to provide that Republican Central Committee members be elected by primary voters instead of by elected local party officials. Democrats, who control state government in Illinois, have jumped into the fray, and have attached the idea as as amendment to several election law bills. See this story from the Galesburg daily newspaper of March 30.

Ironically, as the article implies (near the bottom), the U.S. Supreme Court ruled unanimously in 1989 that such decisions are not the business of the legislature, but of the political parties themselves. The 1989 precedent was Eu v San Francisco County Central Committee.



New York Press Consensus that Working Families Party Responsible for New York Increase on Tax for High Earners

March 31st, 2009

New York’s Governor and legislative leaders announced last week that they had agreed on a budget which includes an income tax hike on taxpayers who earn more than $300,000 per year. The New York press generally seems to have a consensus that this result would not have been reached without the influence of the Working Families Party. For example, see this essay, run March 31 by New York Magazine.

Both Sides File Briefs for Summary Judgment in Barr v Massachusetts Case

March 31st, 2009

On March 31, both sides in Barr v Galvin filed briefs asking for summary judgment. Barr v Galvin is the case in U.S. District Court in Massachusetts over whether the Libertarian Party had a right to use a stand-in presidential candidate on its 2008 petition. Although last year the judge had granted injunctive relief to Barr and the Libertarian Party, on the basis that Massachusetts’ policy (of refusing to permit presidential stand-ins) is probably unconstitutional, he has not yet ruled specifically that the policy is unconstitutional. The fact that both sides have asked for summary judgment shows that both sides agree no further fact-finding is needed. A ruling will probably be out in sixty days or less. Then, apparently, if the judge does indeed rule that the Constitution protects presidential stand-ins, Massachusetts expects to appeal to the First Circuit.

Hawaii Nader Case Will be Revived

March 30th, 2009

Ralph Nader’s 2004 Hawaii ballot access case has been in the 9th circuit since last year. The chief issue is whether it is constitutional for Hawaii to require six times as many signatures for an independent presidential candidate as for an entire new party. Last year the 9th circuit put the case on hold, to see if the legislature would alter the law for independent presidential candidates. However, no bill on that subject was ever introduced, and it is far too late for such a bill to be introduced now. The Hawaii legislature adjourns May 7. At that time the lawsuit will be active again.

The only bill introduced this year in the Hawaii legislature that has any possible impact on minor parties or independent candidates is SB 680. That is a proposed constitutional amendment that would impose registration by party. However, it has made no headway.

This year, there is a tendency for state legislatures to spend little time on election law issues. This is largely because almost all state legislatures that are still in session are preoccupied with budget issues.

Texas Legislative Session is Half Over; Ballot Access Bill Needs Co-Sponsors

March 30th, 2009

As this newspaper story points out, the Texas legislative session is now half over. Furthermore, the Texas legislature doesn’t meet in regular session in even-numbered years. The ballot access bill, HB 820, has made no headway so far this year. The sponsor asks that Texans who support the bill contact their state legislators and ask that those legislators co-sponsor the bill. The bill won’t get a hearing without more co-sponsors.

Oregon Ballot Access Bills Have Hearing

March 30th, 2009

On March 31, the Oregon Senate Elections Committee holds a hearing on two bills to improve independent candidate ballot access. They are SB 326 and SB 353. SB 326 repeals the law (passed in 2005) that says primary voters can’t sign for an independent petition. SB 353 reduces the number of signatures for independent candidates from 1% of the last presidential vote to one-half that amount. Thanks to Dan Meek for this news.

The 2005 bill, restricting who can sign an independent candidate petition, was passed in a fit of pique by certain legislators who didn’t like Ralph Nader. Nader had tried to petition as an independent candidate in Oregon in 2004, before the restriction had been passed. Even though his 2004 independent petition failed, people who didn’t like his 2004 run for president were so opposed to his candidacy, that in a fit of emotion, they made independent candidate access more difficult.

Illinois Ballot Access Case in Front of U.S. Supreme Court

March 29th, 2009

The Illinois ballot access lawsuit called Stevo v Keith is pending before the U.S. Supreme Court. It is case 08-1187. If Illinois state government wishes to ask the Court not to take the case, the state’s response is due April 24. Sometimes defendants waive their right to respond. It will be interesting to see if Illinois responds. The issue is whether the state has any real interest in requiring about 10,000 signatures for an independent candidate for U.S. House in some years, when it only requires 5,000 in certain other years.

West Virginia Ballot Access Bill Advances

March 29th, 2009

On March 27, the West Virginia House Judiciary Committee passed HB 2981, the bill that cuts the number of signatures for minor party and independent candidates from 2% of the last vote cast, to 1%. The bill also moves the non-presidential petition deadline from May to August.

Socialist Workers Party Wins 4-Year Extension of Freedom from Campaign Reporting

March 29th, 2009

On March 19, the Federal Elections Committee extended the disclosure exemption for the Socialist Workers Party and its candidates for four more years. The vote was 5-1. The party has had a similar exemption ever since it won a lawsuit on this issue in the U.S. Supreme Court in 1982. See this article from the April 6 Militant for more details.

Hopeful Sign for Illinois Ballot Access Bill

March 29th, 2009

A bill to ease Illinois ballot access, HB 2620, is pending. Although it has not advanced yet, on March 25 it was amended to include an unrelated provision relating to the organization of qualified political parties. The author of HB 2620 is Representative William Black, a Republican. The amendment was authored by Representative Lou Lang, a Democrat. It seems likely that Representative Lang would not have bothered to place her amendment into HB 2620, unless there is some reason to believe that it will eventually pass.

 

 

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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.
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    "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.
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    ThirdPartyNews.net

    A site that covers news about minor parties.
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    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.
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    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.
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The newsletter is published by and copyright by Richard Winger.