Constitution Party Sues Kansas over Circulator Residency, and Also over State Ban on Voters Registering Into an Unqualified Party

April 30th, 2010

On April 28, the Constitution Party of Kansas filed a lawsuit in U.S. District Court. The case is called Constitution Party of Kansas v Biggs. The complaint has two parts: (1) a challenge to a state law that makes it illegal for out-of-state residents to circulate petitions to create a new party in Kansas; (2) a challenge to a state law that makes it impossible for a voter to register into a party unless that party is already qualified. UPDATE: the case, 10-4043, is assigned to U.S. District Court Judge Sam A. Crow, a Reagan appointee.

The 10th circuit has already ruled favorably on both issues, in cases in other states, and Kansas is in the 10th circuit. The 10th circuit struck down a ban on out-of-state circulators in Oklahoma in 2008, in Yes on Term Limits v Savage. The 10th circuit struck down a ban on letting voters register into unqualified parties in 1984 in Baer v Meyer, a Colorado case.



New Candidate in Florida U.S. Senate Race

April 30th, 2010

On April 30, the last day for filing for the Florida primary, billionaire real estate investor Jeff Greene entered the Democratic primary for U.S. Senate. This announcement is a surprise; see this story. U.S. House member Kendrick Meek, a Democrat from Miami, had been thought to be the certain Democratic nominee, but now commentators are thinking that the identity of the Democratic primary winner is uncertain. The primary is August 24.

Green Party Nominee for President of Colombia is Leading in Polls

April 30th, 2010

Colombia holds a presidential election on May 30. Recent polls show a lead for Green Party nominee Antanas Mockus. See this story. Mockus has 39% and his closest competitor, Juan Manuel Santos of the Unity Party, has 34%.

If no one gets as much as 50%, there will be a run-off on June 20. The Green Party has enjoyed electoral success in many nations around the world, but it has never before actually had an office-holder in any nation who was head of government.

Lieutenant Governor Abel Maldonado Pushes Proposition 14 on Colbert Report

April 30th, 2010

See this 6-minute segment of the show “Colbert Nation”, broadcast the night of April 29 on Comedy Central network. California’s Lieutenant Governor, Abel Maldonado, author of Proposition 14, appeared on the show to make the case for his measure. The segment opens with a news clip about the Florida U.S. Senate race, and then leads into Maldonado’s appearance.

A sophisticated viewer who watches the segment will realize that Colbert was making fun of Proposition 14. The Sacramento Bee has already written up the segment and says that Colbert ‘endorsed’ the measure. See this story. The Bee understands that Colbert was being tongue-in-cheek, because the story puts “endorsed” in quotes. Nevertheless, it is unusual, and perhaps unprecedented, for Colbert to have a guest who speaks for a ballot measure, and if anyone wishes to ask the show to invite someone from the other side, the show can be reached at 212-649-6200.

Watch the segment:

The Colbert Report Mon – Thurs 11:30pm / 10:30c
California’s Proposition 14 – Abel Maldonado
www.colbertnation.com
Colbert Report Full Episodes Political Humor Fox News

U.S. House Passes Bill for Puerto Rico Plebescite

April 29th, 2010

On April 29, the U.S. House passed HR 2499 by a vote of 223 to 169. Now it goes to the U.S. Senate. It provides that a vote be conducted on the future political status of Puerto Rico. Any adult U.S. citizen who was born in Puerto Rico would be eligible to vote.

There would actually be two votes. The first vote would be on whether to conduct the second vote. If the first vote says “Yes” to the second vote, then that second vote would give four choices: (1) statehood; (2) the status quo, which is Commonwealth status; (3) sovereignty in association with the United States; (4) independence.

If this bill becomes law, the election (or elections) would be conducted by the federal government, not by the states. That alone would be historic. The federal government has never conducted an election in which residents of various states are eligible to vote.

Governor Schwarzenegger Draws Severe Criticism for Schedule of Special Election to Replace Senator Maldonado

April 29th, 2010

California newspapers are lambasting Governor Arnold Schwarzenegger for scheduling the special State Senate, 15th district, on dates that are different than the normal election dates this year of June 8 and November 2. For example, see this editorial in the Monterey County Herald.

Final 3-Party Debate Held in Britain

April 29th, 2010

On April 29, Great Britain held the final of a series of three debates between the party leaders of the Labour, Conservative and Liberal Democratic Parties. This news story has video excerpts.

Pennsylvania Supreme Court Ducks Another Constitutional Election Law Issue

April 29th, 2010

On April 29, the Pennsylvania Supreme Court issued a one-word “opinion” in the case known as In re: Objection to Nomination Petition of Pia Varma, 12 EAP 2010. That word is “affirmed”.

Pia Varma is the only person who tried to get on the Republican primary ballot, set for May 18, for U.S. House, First District, a district in Philadelphia. Her petition, which required 1,000 signatures of registered Republicans, was challenged because some of her signatures had been collected by registered Republicans who live outside the First District. The lower court had sustained the objection, without noting that in 2002, a U.S. District Court in the eastern district (which covers Philadelphia) had ruled it unconstitutional to require circulators to live in the same district that the candidate is running in.

As a result of the Supreme Court’s refusing to hear the candidate’s appeal, Republicans in the First District will see a primary ballot with no candidates’ names printed on the ballot. Anyone may be a write-in candidate in Pennsylvania primaries, but no one is deemed nominated unless they poll at least 1,000 write-ins.

The lower court had not dealt with the constitutional issue. When the candidate appealed, the objectors argued that she could not legitimately raise the constitutional issue in the Pennsylvania Supreme Court because she had not raised it in the lower court. Actually, when the case was in the lower court, Varma didn’t have an attorney and did not realize that she could have argued the constitutional issue herself.

The federal decision that had struck down the residency requirement for circulators is Morrill v Weaver, 224 F Supp 2d 882. Technically that decision struck down the residency requirement for petitions for independent candidates, not petitions for getting a candidate on a primary ballot. But the logic of one applies equally to the other.

U.S. District Court in Wyoming Strikes Down Elections for County Commission in Fremont County

April 29th, 2010

On April 29, U.S. District Court Judge Alan B. Johnson, a Reagan appointee, ruled that Fremont County, Wyoming, is violating the federal Voting Rights Act by electing its five county commissioners at-large. The population of Fremont County includes 19.9% who are Native Americans. Yet no Native American has ever been elected to the Fremont County Commission. Large v Fremont County, 05-cv-270. The case had been filed in 2005 and the trial had been in 2007. UPDATE: here is the 102-page opinion.

The county had tried to defend its at-large elections by asserting that the Voting Rights Act is unconstitutional.

Constitution Party Places Candidate in Florida U.S. Senate Race

April 29th, 2010

The Florida Constitution Party is running Bernie DeCastro for U.S. Senator. See this story. He will be the first Constitution Party candidate for any statewide office on the Florida ballot (other than the party’s presidential candidates).

The Constitution Party attempted to run Daniel Barker for U.S. Senate in Florida in 2006, but couldn’t raise the filing fee that year.

 

 

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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!

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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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