According to this news story, Hawaii’s Elections Chief plans to ask the federal government for a waiver (for 2010 only) of the new federal law that requires states to mail foreign absentee ballots at least 45 days before an election. Hawaii has the latest Congressional primary in the nation, and it is obvious that Hawaii can’t mail out its foreign absentee ballots in 2010 at least 45 days before the general election, unless it moves that primary to an earlier date.
Hawaii requires new political parties to submit their petitions at least 5 months before the primary, so an earlier primary in Hawaii will automatically mean an earlier deadline for parties to qualify themselves. However, a good case can be made that Hawaii has no strong interest in requiring such petitions so far in advance of the primary. Hawaii is one of the states that requires newly-qualifying parties to nominate by primary. The state is free to let newly-qualifying parties nominate by convention, as most states do. Alternatively, even if Hawaii wants to continue requiring newly-qualifying parties to nominate by primary, it really isn’t necessary to put the petition deadline five months before that primary. No other state except California requires so much lead time.
In Hawaii, all candidates, even independents, are placed on the primary ballot. So it would be bizarre to take the nomination of party candidates away from the People.
The period between the new-party qualification and filing for the primary provides an opportunity for would-be candidates to affiliate with the new party, and also permit ordinary citizens to join in the formal organization of the party.
In a presidential election year, if a party wished to have a meaningful role in the national nominating process, it would likely need to be organized sooner than April.
Nomination by convention does not necessarily take away any voter’s right to help choose any party’s nominee. Hawaii doesn’t have registration by party, and it’s entirely possible for any new ballot-qualified party to decide to hold an open convention and let any voter show up and vote at that convention.
Teddy Roosevelt’s Progressive Party in 1912 certainly had a meaningful role in the 1912 presidential election (it placed ahead of the Republican Party) but it wasn’t organized until August 1912, and no one even started trying to organize that party until mid-June 1912.
Nomination by convention would make it harder for an ordinary citizen to participate in the nomination process of the new party than simply voting in the primary. How are overseas voters supposed to participate in a convention?
There is nothing at all that prevents a newly ballot-qualified party in Hawaii from organizing conventions or party meetings for the purpose of bringing the party into reality (as opposed to a set of rules, a petition, and 4 county committees). These meetings could help organize fund raising, candidate recruitment, poll watchers, volunteers, etc. The period between April and July would be ideal for this.
If someone just wants to get on the general election ballot they can file as an independent in July. It doesn’t take 10,000 signatures to run for Congress like in some mainland States.
If Hawaii wanted to simplify things, they could simply switch to a Top 2 primary and let candidates declare their party affiliation. And there is no reason that a Top 2 primary could not be used for presidential elections as well.
Or if they wanted to maintain more of the current process, they could require independent candidates and non-qualified parties to receive 1% of the vote to qualify for the general election ballot. Independents and candidates of non-qualified parties would be placed in the non-partisan section of the primary ballot, which would also include a section for indicating a party affiliation.
If a party got 1% of the total vote in a particular area (district, county, state), its leading candidate would qualify for the general election as the party’s nominee. Otherwise, any candidate who received 1% of the vote could qualify, but without nominee status.
If a party had 1% statewide, it would be a qualified party for the next general election, and be entitled to its own section on the primary ballot (at its option).
Teddy Roosevelt’s VP candidate Hiram Johnson kept William Howard Taft off the ballot in California you may recall. California didn’t have any procedure for independent candidates, and the Taft faction failed in its effort to create a new party.
Roosevelt decided to run as a 3rd party candidate after the national convention ignored the results of the party primaries. I’m not sure why you are so big on conventions.
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