Nevada Bill to Severely Restrict Initiatives

April 27th, 2009

Nevada SB 212 would require statewide initiative petitions to obtain the signatures of 10% of the last vote cast in each one of Nevada’s 42 Assembly districts. If an initiative petition got enough signatures statewide, and got the required 10% in 41 Assembly districts, yet lacked enough signatures in just one Assembly district, then the entire petition would be invalid.

SB 212 passed the Senate Legislative Operations & Elections Committee on April 9, and is now in the Senate Finance Committee.



Ron Paul Donates $500 to COFOE

April 27th, 2009

Congressman Ron Paul recently donated $500 to the Coalition for Free & Open Elections (COFOE). This is the largest donation COFOE has ever received in its 24 years of existence. COFOE is a loose coalition of the nation’s nationally-organized minor parties, and also of other organizations that support efforts to ease ballot access for minor parties and independent candidates, and to improve candidate debate inclusion.

The donation may make it possible to go ahead with the long-delayed lawsuit against the District of Columbia for refusing to tally write-in votes for declared presidential candidates.

Anyone who donates $25 to COFOE per year receives a free copy of the printed Ballot Access News. If you wish to join, use this address: PO Box 470296, San Francisco Ca 94147.

Arizona Secretary of State Will Ask Legislature for an August Petition Deadline for Independent Candidates

April 27th, 2009

Arizona is in the position of not having a valid petition deadline for independent candidates, since the law was declared unconstitutional last year. The Secretary of State will ask the legislature to set the new deadline in mid or late August. However, there is some concern that the legislature won’t pass any ordinary bills at all this year, since the budget is consuming the legislature’s attention.

Florida Ban on Paying Circulators Per Signature Appears Dead

April 27th, 2009

According to this news story, the Majority Leader of the Florida House says the legislature will not have time to consider the omnibus election law bills, HB 497 and S 956. Those identical bills, 81 pages long, included a ban on paying initiative petitioners per signature.

This year, activists have had good success stopping bills to make ballot access more difficult. So far, bills to restrict circulators have either died, or failed to make much headway so far, in Alaska, Arizona, Florida, Georgia, Maryland, Missouri, and Virginia. Also, the only states that considered making an independent candidate or minor party petition deadline worse (South Dakota and Texas) did not do so, and an early petition deadline bill in Missouri has not moved.

New Jersey Libertarians Run Ken Kaplan for Governor

April 26th, 2009

On Sunday, April 26, the New Jersey Libertarian Party nominated Ken Kaplan for Governor. Kaplan had also run for that position as a Libertarian in 1993.

Tennessee County Election Commissions in Process of Firing Democratic Adminstrators and Replacing them with Republicans

April 26th, 2009

Tennessee has County Election Commissions in every county, which consist of 5 members. Three members are supposed to be members of the party that has a majority in the State House of Representatives, and two are supposed to be members of parties that have members in the House but which are in the minority. Last November, Republicans gained a majority in the State House for the first time, so the counties are in the process of replacing Democratic election administrators with Republican administrators. Here in an article from the Greeneville Sun of April 26, on how the process worked in Greene County.

Convict Who Won Lawsuit on Running for Congress from Prison, Also Wins Court Costs

April 25th, 2009

Last year, a Minnesota convict, Leonard Richards, won declaratory relief in Minnesota state court that he should have been allowed to file for the Democratic nomination for U.S. House in 2006. The U.S. Constitution protects the right of anyone to run for Congress who meets the Constitutional qualifications, yet Richards had not been allowed to run because prison officials had refused to deliver the declaration of candidacy forms. This story had been covered in the March 1, 2008 printed Ballot Access News.

Now, Richards has been awarded his court costs, since he was the prevailing party. On March 16, the Minnesota District Court, Rice County, awarded Richards $265 to compensate him for the money he spent filing the lawsuit and serving the opposition. Richards v Ritchie, 66-cv-06-1517.

Illinois Bill to Make it More Difficult for Qualified Parties to Nominate has Hearing on April 28

April 24th, 2009

Illinois HB 723 passed the House on April 2. It makes it more difficult for qualified parties to nominate candidates. Current Illinois law lets qualified parties choose someone by committee, if no one ran in that party’s primary for that particular office. The bill says committees can only nominate candidates after the primary if that candidate submits a petition signed by 5% of the last vote cast for that office in the general election (or 25,000 signatures, whichever is less).

The bill will be heard in the Senate Elections Committee on April 28 at 1 p.m. in room 400 of the Capitol.

South Carolina Bill Advances, Would Make Ballot Access Worse for Independent Candidates

April 24th, 2009

On April 22, the South Carolina House Judiciary Committee passed HB 3746, which would make it harder for independent candidates to get on the ballot. It would not let primary voters sign for an independent candidate; it would not let newly-registered voters sign for an independent candidate; and it would require independent candidates to file a declaration of candidacy in February of election years.

The U.S. Supreme Court summarily affirmed a 3-judge federal court decision from New York in 1970, striking down a law that newly-registered voters couldn’t sign for independent candidates. And the 4th circuit (which includes South Carolina) struck down a February deadline for independent candidates to file a declaration of candidacy back in 1990, in Cromer v State, 917 F 2d 819. As to the restriction on primary signers signing for an independent, that would probably be held unconstitutional also. The U.S. Supreme Court has said that ballot access laws that are so difficult that they almost never get used, are probably unconstitutional. South Carolina has never had an independent candidate for U.S. House or U.S. Senate on a government-printed ballot. The state requires 10,000 signatures for an independent candidate for U.S. House.

The sponsor of HB 3746 is Rep. Alan Clemmons (R-Myrtle Beach). An identical bill, SB 590, is pending in the Senate.

Independent Candidate for California Governor Owes $1,750,986 in Back Taxes

April 24th, 2009

The San Francisco Examiner of April 24 says that Georges Marciano, who announced on April 10 that he would be an independent candidate for Governor in 2010, owes the state $1,750,986 in back taxes. See this story.

 

 

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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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Essays by Richard Winger:

Additional articles/essays:

  • Politics, Soviet-style by S. Philip Gordon, regarding recent ballot access issues in Georgia – the US state, not the Russian territority!

Extra Features:

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]

The newsletter is published by and copyright by Richard Winger.